1-1     By:  Maxey (Senate Sponsor - Carona)                   H.B. No. 792
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on Economic
 1-4     Development; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the regulation of viatical settlement agreements and
 1-9     life settlement agreements.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  The heading of Article 3.50-6A, Insurance Code,
1-12     is amended to read as follows:
1-13           Art. 3.50-6A.  VIATICAL SETTLEMENTS AND LIFE SETTLEMENTS
1-14           SECTION 2.  Section 1, Article 3.50-6A, Insurance Code, is
1-15     amended by adding Subdivision (3) to read as follows:
1-16                 (3)  "Life settlement" means an agreement that is
1-17     solicited, negotiated, offered, entered into, delivered, or issued
1-18     for delivery in this state under which a person pays compensation
1-19     or anything of value that is less than the expected death benefit
1-20     of a policy insuring the life of an individual who does not have a
1-21     catastrophic or life-threatening illness or condition in return for
1-22     the policy owner's or certificate holder's assignment, transfer,
1-23     sale, devise, or bequest of the death benefit under or ownership of
1-24     the policy.
1-25           SECTION 3.  Section 2, Article 3.50-6A, Insurance Code, is
1-26     amended by amending Subsections (a), (b), and (c) and adding
1-27     Subsections (e) and (f) to read as follows:
1-28           (a)  The purpose of this article is to register persons
1-29     engaged in the business of viatical settlements or the business of
1-30     life settlements and to provide consumer protection for a person
1-31     [with a catastrophic or life-threatening illness or condition] who
1-32     may sell or otherwise transfer the person's life insurance policy.
1-33           (b)  The commissioner shall adopt reasonable rules to
1-34     implement this article as it relates to viatical settlements and as
1-35     it relates to life settlements.
1-36           (c)  The rules adopted by the commissioner under this article
1-37     must include rules governing:
1-38                 (1)  registration of a person engaged in the business
1-39     of viatical settlements;
1-40                 (2)  registration of a person engaged in the business
1-41     of life settlements;
1-42                 (3)  approval of contract forms;
1-43                 (4) [(3)]  disclosure requirements;
1-44                 (5) [(4)]  prohibited practices relating to:
1-45                       (A)  unfair discrimination in the provision of
1-46     viatical settlements or life settlements; and
1-47                       (B)  referral fees paid by persons engaged in the
1-48     business of viatical settlements or life settlements;
1-49                 (6) [(5)]  the assignment or resale of life insurance
1-50     policies; [and]
1-51                 (7) [(6)]  the maintenance of appropriate
1-52     confidentiality of personal and medical information; and
1-53                 (8)  the responsibility of a registrant to ensure
1-54     compliance with this article and rules relating to viatical
1-55     settlements or life settlements after the registration is revoked,
1-56     is suspended, or otherwise lapses.
1-57           (e)  The commissioner may not adopt rules establishing prices
1-58     or fees for the sale or purchase of life settlements.  This
1-59     subsection does not prohibit the commissioner from adopting rules
1-60     addressing unjust prices or fees for the sale or purchase of life
1-61     settlements.
1-62           (f)  The commissioner may not adopt rules that require
1-63     regulation of the passive financial actions of an institutional
1-64     investor or accredited investor, as those terms are defined under
 2-1     regulations adopted under the Securities Act of 1933 (15 U.S.C.
 2-2     Section 77a et seq.).
 2-3           SECTION 4.  Sections 3 and 4, Article 3.50-6A, Insurance
 2-4     Code, are amended to read as follows:
 2-5           Sec. 3.  APPLICATION OF OTHER INSURANCE LAWS.  Articles 1.10,
 2-6     1.10A, 1.10C, 1.10D, 1.10E, 1.19, 1.19-1, 1.24, and 21.21 of this
 2-7     code apply to a person engaged in the business of viatical
 2-8     settlements or life settlements.  [ENFORCEMENT.  For a violation of
 2-9     a rule adopted under this article, the commissioner may take any
2-10     action against a person engaged in the business of viatical
2-11     settlements that may be taken under:]
2-12                 [(1)  Articles 1.10 and 1.10E of this code; or]
2-13                 [(2)  Article 1.10D of this code against a person
2-14     engaged in a fraudulent insurance act.]
2-15           Sec. 4.  DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION;
2-16     ENFORCEMENT.  (a)  The commissioner may suspend or revoke the
2-17     registration of a registrant or deny an application for
2-18     registration under this article if the commissioner finds that the
2-19     registrant or applicant, individually or through any officer,
2-20     director, or shareholder of the registrant or applicant:
2-21                 (1)  wilfully violates this article, an applicable
2-22     provision of this code or another insurance law of this state, or a
2-23     rule adopted under this article or under such a provision;
2-24                 (2)  intentionally makes a material misstatement in the
2-25     application for registration under this article;
2-26                 (3)  obtains, or attempts to obtain, registration under
2-27     this article by fraud or misrepresentation;
2-28                 (4)  misappropriates, converts to the registrant's or
2-29     applicant's own use, or illegally withholds money belonging to a
2-30     party to a viatical settlement or life settlement;
2-31                 (5)  is guilty of fraudulent or dishonest practices;
2-32                 (6)  materially misrepresents the terms and conditions
2-33     of business conducted under this article or any other provision of
2-34     this code or other insurance laws of this state;
2-35                 (7)  makes or issues, or causes to be made or issued, a
2-36     statement misrepresenting or making incomplete comparisons
2-37     regarding the terms or conditions of any business conducted under
2-38     this article; or
2-39                 (8)  is convicted of a misdemeanor involving moral
2-40     turpitude or criminal fraud or a felony.
2-41           (b)  An applicant or registrant whose registration has been
2-42     denied, suspended, or revoked under this section may not file
2-43     another application for registration before the first anniversary
2-44     of the effective date of the denial, suspension, or revocation or,
2-45     if judicial review of the denial, suspension, or revocation is
2-46     sought, the first anniversary of the date of the final court order
2-47     or decree affirming the action.  An application filed after that
2-48     period may be denied by the commissioner unless the applicant shows
2-49     good cause why the denial, suspension, or revocation of the
2-50     previous license should not bar the issuance of a new license.
2-51           (c)  In addition to an action taken under Subsections (a)
2-52     and (b) of this section, the commissioner may take against a person
2-53     engaged in the business of viatical settlements or life settlements
2-54     who violates this article, an applicable provision of this code or
2-55     another insurance law of this state, or a rule adopted under this
2-56     article or under such a provision any action that the commissioner
2-57     may take against a person engaged in the business of insurance who
2-58     violates a statute or rule.  [RELATION TO OTHER INSURANCE LAWS.
2-59     Except as otherwise provided by this article or by rules adopted
2-60     under this article, this code and any other insurance law of this
2-61     state do not apply to the business of viatical settlements.]
2-62           SECTION 5.  The change in law made by this Act applies only
2-63     to conduct that occurs on or after the effective date of this Act.
2-64     Conduct that occurs before the effective date of this Act is
2-65     governed by the law in effect when the conduct occurred, and that
2-66     law is continued in effect for that purpose.
2-67           SECTION 6.  This Act takes effect September 1, 1999.
2-68           SECTION 7.  The importance of this legislation and the
2-69     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended.
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