By Eiland                                             H.B. No. 2253
         76R6120 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operation of the catastrophe reserve trust fund.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 8(h)(13), Article 21.49, Insurance Code,
 1-5     is amended to read as follows:
 1-6                 (13)  The association shall either establish a
 1-7     reinsurance program approved by the Texas Department of Insurance
 1-8     or make payments into the catastrophe reserve trust fund
 1-9     established under [enter into a contract as provided in] Subsection
1-10     (i) of this section.  With the approval of the Texas Department of
1-11     Insurance, the association may establish a reinsurance program that
1-12     operates in addition to or in concert with the catastrophe reserve
1-13     trust fund established [a contract entered into] under Subsection
1-14     (i) of this section.
1-15           SECTION 2.  Section 8(i), Article 21.49, Insurance Code, is
1-16     amended to read as follows:
1-17           (i)(1)  The commissioner shall adopt rules [association may
1-18     enter into a written agreement with the Texas Department of
1-19     Insurance] under which the association members relinquish their net
1-20     equity [pursuant to the written agreement] on an annual basis as
1-21     provided by those rules by making payments to a fund known as the
1-22     catastrophe reserve trust fund to pay the obligations of that fund
1-23     under Section 19(a) of this Act [be held by the Texas Department of
1-24     Insurance outside the state treasury to protect policyholders of
 2-1     the association] and to fund the mitigation and preparedness plan
 2-2     established under this subsection to reduce the potential for
 2-3     payments by members of the association giving rise to tax credits
 2-4     in the event of loss or losses.  Until disbursements are made as
 2-5     provided by this Act and rules adopted by the commissioner, all
 2-6     money, including investment income, deposited in the catastrophe
 2-7     reserve trust fund is state money to be held by the comptroller
 2-8     outside the state treasury on behalf of, and with legal title in,
 2-9     the department.  If the fund is terminated by law, all assets of
2-10     the fund revert to the state to be used to provide funding for the
2-11     annual loss mitigation and preparedness plan developed and
2-12     implemented by the commissioner under Subdivision (5) of this
2-13     subsection.
2-14                 (2)  The catastrophe reserve trust fund shall be kept
2-15     and maintained by the Texas Department of Insurance pursuant to
2-16     this Act and rules adopted by the commissioner [the written
2-17     agreement between the association, the Texas Department of
2-18     Insurance, and the comptroller].  [Legal title to money and
2-19     investments in the fund is in the Texas Department of Insurance
2-20     unless or until paid out as provided by the written agreement.]
2-21     The comptroller, as custodian, shall administer the funds strictly
2-22     and solely as provided by [the agreement and the state may not take
2-23     any action with respect to the fund other than as specified by]
2-24     this Act and the commissioner's rules [act and the agreement].
2-25                 (3)  At [On the effective date of an agreement, all
2-26     funds held on behalf of or paid to the association under one or
2-27     more reinsurance plans or programs may be immediately paid to the
 3-1     catastrophe reserve trust fund.  Thereafter, at] the end of either
 3-2     each calendar year or policy year, the association shall [may] pay
 3-3     the net equity of a member, including all premium and other revenue
 3-4     of the association in excess of incurred losses and operating
 3-5     expenses to the catastrophe reserve trust fund or a reinsurance
 3-6     program approved by the Commissioner [of Insurance].
 3-7                 (4)  The commissioner's rules [written agreement] shall
 3-8     establish the procedure relating to the disbursement of money
 3-9     [funds] from the catastrophe reserve trust fund to policyholders in
3-10     the event of an occurrence or series of occurrences within the
3-11     defined catastrophe area that results in a disbursement under
3-12     Section 19(a) of this Act  [insured losses and operating expenses
3-13     of the association greater than $100 million].
3-14                 (5)  Each fiscal year, the department may use from the
3-15     investment income of the fund an amount equal to the lesser of $10
3-16     million or 10 percent of the investment income of the prior fiscal
3-17     year to provide funding for an annual mitigation and preparedness
3-18     plan to be developed and implemented each year by the commissioner.
3-19     From that amount and as part of that plan, the department may
3-20     implement the windstorm inspection program established under
3-21     Section 6A of this Act.  The mitigation and preparedness plan shall
3-22     provide for steps to be taken in the seacoast territory by the
3-23     commissioner or by a local government, state agency, educational
3-24     institution, or nonprofit organization designated by the
3-25     commissioner in the plan, to implement programs intended to improve
3-26     preparedness for windstorm and hail catastrophes, reduce potential
3-27     losses in the event of such a catastrophe, provide research into
 4-1     the means to reduce those losses, educate or inform the public in
 4-2     determining the appropriateness of particular upgrades to
 4-3     structures, or protect infrastructure from potential damage from
 4-4     those catastrophes. Money in excess of $1 million is not available
 4-5     for use under this subsection if the commissioner determines that
 4-6     an expenditure of investment income from the fund would jeopardize
 4-7     the actuarial soundness of the fund or materially impair the
 4-8     ability of the fund to serve the state purposes for which it was
 4-9     established.
4-10           SECTION 3.  This Act takes effect September 1, 1999.
4-11           SECTION 4.  The importance of this legislation and the
4-12     crowded condition of the calendars in both houses create an
4-13     emergency and an imperative public necessity that the
4-14     constitutional rule requiring bills to be read on three several
4-15     days in each house be suspended, and this rule is hereby suspended.