1-1     By:  Eiland (Senate Sponsor - Jackson)                H.B. No. 2253
 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 operation of the catastrophe reserve trust fund.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10                ARTICLE 1.  DECLARATION OF LEGISLATIVE INTENT
1-11           SECTION 1.01.   The legislature finds that:
1-12                 (1)  the catastrophe reserve trust fund was formed
1-13     under Sections 8(h)(13) and 8(i), Article 21.49, Insurance Code, to
1-14     shelter the state's general revenue from dissipation in the event
1-15     of certain catastrophic losses from hurricane disasters and as part
1-16     of the state's planning and provision for relief from those losses;
1-17                 (2)  under Section 19(a)(2), Article 21.49, Insurance
1-18     Code, the catastrophe reserve trust fund has responsibility for
1-19     certain catastrophic losses;
1-20                 (3)  under Section 19(b), Article 21.49, Insurance
1-21     Code, the state returns funds or waives collection of funds from
1-22     insurers by authorizing the insurers to credit certain catastrophic
1-23     losses against premium taxes paid into the general revenue fund;
1-24                 (4)  the state's interest in protecting the general
1-25     revenue of the state and in planning and providing for catastrophic
1-26     losses is benefited to the extent the catastrophe reserve trust
1-27     fund is funded;
1-28                 (5)  the legislature's original intent was to establish
1-29     the catastrophe reserve trust fund as a state fund exempt from
1-30     federal and state income taxation;
1-31                 (6)  the Internal Revenue Service has suggested, based
1-32     on its interpretation of Sections 8(h)(13), 8(i), and 19(b),
1-33     Article 21.49, Insurance Code, that the catastrophe reserve trust
1-34     fund is subject to federal income taxation; and
1-35                 (7)  Sections 8(h)(13) and 8(i), Article 21.49,
1-36     Insurance Code, should be clarified by removing ambiguities that
1-37     might exist and should otherwise be amended consistent with the
1-38     legislature's original purpose and intent.
1-39           SECTION 1.02.   (a)  The Texas Windstorm Association exists
1-40     as a state-mandated association to foster the well-being of the
1-41     state's coastal residents and businesses by ensuring the
1-42     availability of windstorm and hail insurance coverage in designated
1-43     areas along the coast of this state.
1-44           (b)  Each year, the association is required by Article 21.49,
1-45     Insurance Code, to pay the net equity of the association to the
1-46     catastrophe reserve trust fund or use that net equity to purchase
1-47     reinsurance approved by the commissioner of insurance.
1-48           (c)  Consistent with the required use of each year's net
1-49     equity, the legislature declares that it is the purpose of this Act
1-50     to further clarify the permitted uses of the assets of the
1-51     association and the disposition of those assets if the association
1-52     is dissolved.
1-53             ARTICLE 2.  CONFORMING AMENDMENTS TO ARTICLE 21.49 
1-54           SECTION 2.01.   Section 4, Article 21.49, Insurance Code, is
1-55     amended by adding Subsections (c) and (d) to read as follows:
1-56           (c)  No part of the net earnings of the association may inure
1-57     to the benefit of any private shareholder or individual.  The
1-58     assets of the association may not be used for or diverted to any
1-59     purpose other than to:
1-60                 (1)  satisfy, in whole or in part, the liability of the
1-61     association regarding a claim made on a policy written by the
1-62     association;
1-63                 (2)  make investments authorized under applicable law;
1-64                 (3)  pay reasonable and necessary administrative
 2-1     expenses incurred in connection with the establishment and
 2-2     operation of the association and the processing of claims against
 2-3     the association; or
 2-4                 (4)  make remittances under the laws of this state to
 2-5     be used by this state to:
 2-6                       (A)  pay claims on policies written by the
 2-7     association;
 2-8                       (B)  purchase reinsurance covering losses under
 2-9     those policies; or
2-10                       (C)  prepare for or mitigate the effects of
2-11     catastrophic natural events.
2-12           (d)  On dissolution of the association, all assets of the
2-13     association revert to this state.
2-14           SECTION 2.02.   Section 8(h)(13), Article 21.49, Insurance
2-15     Code, is amended to read as follows:
2-16                 (13)  The association shall either establish a
2-17     reinsurance program approved by the Texas Department of Insurance
2-18     or make payments into the catastrophe reserve trust fund
2-19     established under [enter into a contract as provided in] Subsection
2-20     (i) of this section.  With the approval of the Texas Department of
2-21     Insurance, the association may establish a reinsurance program that
2-22     operates in addition to or in concert with the catastrophe reserve
2-23     trust fund established [a contract entered into] under Subsection
2-24     (i) of this section.
2-25           SECTION 2.03.   Section 8(i), Article 21.49, Insurance Code,
2-26     is amended to read as follows:
2-27           (i)(1)  The commissioner shall adopt rules [association may
2-28     enter into a written agreement with the Texas Department of
2-29     Insurance] under which the association members relinquish their net
2-30     equity [pursuant to the written agreement] on an annual basis as
2-31     provided by those rules by making payments to a fund known as the
2-32     catastrophe reserve trust fund to fund the obligations of that fund
2-33     under Section 19(a) of this Act [be held by the Texas Department of
2-34     Insurance outside the state treasury to protect policyholders of
2-35     the association] and to fund the mitigation and preparedness plan
2-36     established under this subsection to reduce the potential for
2-37     payments by members of the association giving rise to tax credits
2-38     in the event of loss or losses.  Until disbursements are made as
2-39     provided by this Act and rules adopted by the commissioner, all
2-40     money, including investment income, deposited in the catastrophe
2-41     reserve trust fund are state funds to be held by the comptroller
2-42     outside the state treasury on behalf of, and with legal title in,
2-43     the department.  The fund may be terminated only by law.  On
2-44     termination of the fund, all assets of the fund revert to the state
2-45     to be used to provide funding for the annual loss mitigation and
2-46     preparedness plan developed and implemented by the commissioner
2-47     under Subdivision (5) of this subsection.
2-48                 (2)  The catastrophe reserve trust fund shall be kept
2-49     and maintained by the Texas Department of Insurance pursuant to
2-50     this Act and rules adopted by the commissioner [the written
2-51     agreement between the association, the Texas Department of
2-52     Insurance, and the comptroller].  [Legal title to money and
2-53     investments in the fund is in the Texas Department of Insurance
2-54     unless or until paid out as provided by the written agreement.]
2-55     The comptroller, as custodian, shall administer the funds strictly
2-56     and solely as provided by [the agreement and the state may not take
2-57     any action with respect to the fund other than as specified by]
2-58     this Act and the commissioner's rules [act and the agreement].
2-59                 (3)  At [On the effective date of an agreement, all
2-60     funds held on behalf of or paid to the association under one or
2-61     more reinsurance plans or programs may be immediately paid to the
2-62     catastrophe reserve trust fund.  Thereafter, at] the end of either
2-63     each calendar year or policy year, the association shall [may] pay
2-64     the net equity of a member, including all premium and other revenue
2-65     of the association in excess of incurred losses and operating
2-66     expenses to the catastrophe reserve trust fund or a reinsurance
2-67     program approved by the commissioner [Commissioner of Insurance].
2-68                 (4)  The commissioner's rules [written agreement] shall
2-69     establish the procedure relating to the disbursement of money
 3-1     [funds] from the catastrophe reserve trust fund to policyholders in
 3-2     the event of an occurrence or series of occurrences within the
 3-3     defined catastrophe area that results in a disbursement under
 3-4     Section 19(a) of this Act  [insured losses and operating expenses
 3-5     of the association greater than $100 million].
 3-6                 (5)  Each state fiscal year, beginning with fiscal year
 3-7     2002, the department may use from the investment income of the fund
 3-8     an amount equal to not less than $1 million and not more than 10
 3-9     percent of the investment income of the prior fiscal year to
3-10     provide funding for an annual mitigation and preparedness plan to
3-11     be developed and implemented each year by the commissioner.  From
3-12     that amount and as part of that plan, the department may use in
3-13     each fiscal year $1 million for the windstorm inspection program
3-14     established under Section 6A of this Act.  The mitigation and
3-15     preparedness plan shall provide for steps to be taken in the
3-16     seacoast territory by the commissioner or by a local government,
3-17     state agency, educational institution, or nonprofit organization
3-18     designated by the commissioner in the plan, to implement programs
3-19     intended to improve preparedness for windstorm and hail
3-20     catastrophes, reduce potential losses in the event of such a
3-21     catastrophe, provide research into the means to reduce those
3-22     losses, educate or inform the public in determining the
3-23     appropriateness of particular upgrades to structures, or protect
3-24     infrastructure from potential damage from those catastrophes. Money
3-25     in excess of $1 million is not available for use under this
3-26     subsection if the commissioner determines that an expenditure of
3-27     investment income from the fund would jeopardize the actuarial
3-28     soundness of the fund or materially impair the ability of the fund
3-29     to serve the state purposes for which it was established.
3-30                    ARTICLE 3.  EFFECTIVE DATE; EMERGENCY
3-31           SECTION 3.01.   This Act takes effect September 1, 1999.
3-32           SECTION 3.02.   The importance of this legislation and the
3-33     crowded condition of the calendars in both houses create an
3-34     emergency and an imperative public necessity that the
3-35     constitutional rule requiring bills to be read on three several
3-36     days in each house be suspended, and this rule is hereby suspended.
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