By Ellis                                               S.B. No. 248
         76R3781 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to required community investments by certain insurers and
 1-3     to reports filed by insurers regarding those and other investments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
 1-6     amended by adding Article 21.39-C to read as follows:
 1-7           Art. 21.39-C.  COMMUNITY INVESTMENTS; REPORT
 1-8           Sec. 1.  LEGISLATIVE FINDINGS; PURPOSE.  (a)  The legislature
 1-9     finds that insurers are a major source of investment capital in
1-10     this state.  Many low-income communities in this state, both rural
1-11     and urban, need greater access to investment capital for purposes
1-12     such as small business and community economic development and
1-13     affordable housing rehabilitation and construction.
1-14           (b)  The legislature further finds that investments under the
1-15     Community Reinvestment Act of 1977 (12 U.S.C.  Section 2901 et
1-16     seq.) have helped to revitalize low-income communities and have
1-17     enhanced economic growth and stability in this state.  Those types
1-18     of investments are overlooked business opportunities that offer
1-19     competitive rates of return and do not compromise the financial
1-20     interests of shareholders and policyholders.
1-21           (c)  The purpose of this article is to increase safe and
1-22     sound investments by insurers in low-income communities and to
1-23     provide to the state information on investments in low-income
1-24     communities.
 2-1           Sec. 2.  DEFINITIONS.  In this article:
 2-2                 (1)  "Area median income" has the meaning determined by
 2-3     the Texas Department of Housing and Community Affairs under Section
 2-4     2306.123, Government Code.
 2-5                 (2)  "Insurer" means any entity authorized to do
 2-6     business in this state as an insurance company or authorized to
 2-7     provide insurance in this state, including:
 2-8                       (A)  a capital stock company;
 2-9                       (B)  a mutual company;
2-10                       (C)  a title insurance company;
2-11                       (D)  a fraternal benefit society;
2-12                       (E)  a local mutual aid association;
2-13                       (F)  a statewide mutual assessment company;
2-14                       (G)  a county mutual insurance company;
2-15                       (H)  a Lloyd's plan company;
2-16                       (I)  a reciprocal or interinsurance exchange;
2-17                       (J)  a stipulated premium insurance company;
2-18                       (K)  a group hospital service company;
2-19                       (L)  a health maintenance organization;
2-20                       (M)  a farm mutual insurance company;
2-21                       (N)  a risk retention group; and
2-22                       (O)  a surplus lines carrier.
2-23                 (3)  "Low income" means, in the case of an individual,
2-24     an individual income, or, in the case of a geographic area, a
2-25     median family income that is at least 50 percent and less than  80
2-26     percent of the adjusted area median income, adjusted for family
2-27     size and revised annually.
 3-1           Sec. 3.  COMMUNITY INVESTMENT.  Each insurer that generates
 3-2     an average annual written premium of at least $2 million in this
 3-3     state has a continuing and affirmative obligation to invest in
 3-4     low-income communities of this state in a manner that has a
 3-5     positive effect on those communities.
 3-6           Sec. 4.  REPORT.  (a)  Each insurer shall annually report to
 3-7     the department:
 3-8                 (1)  each investment made by the insurer in this state
 3-9     in an asset in this state or in a municipality, business, or
3-10     institution of this state, including an investment in:
3-11                       (A)  an obligation of this state, an agency of
3-12     this state, or a municipality or other political subdivision of
3-13     this state;
3-14                       (B)  real property or real property financing,
3-15     including the financing of construction or rehabilitation of
3-16     housing undertaken under a federal, state, or local housing
3-17     assistance program; and
3-18                       (C)  common stock or another security of business
3-19     in this state, including a security of a small business or business
3-20     located in an area designated by a federal, state, or local law or
3-21     program as an enterprise, economic development, or similar zone;
3-22                 (2)  each charitable contribution made by the insurer
3-23     in this state;
3-24                 (3)  each investment made in a low-income community of
3-25     this state under Section 3 of this article;
3-26                 (4)  each activity conducted by the insurer in this
3-27     state to make its customers aware of the investments and charitable
 4-1     contributions made by the insurer; and
 4-2                 (5)  any other similar information required by
 4-3     commissioner's rule.
 4-4           (b)  The information required by Subsection (a) of this
 4-5     section must be correct on the last day of the latest month
 4-6     preceding the 30th day before the date on which the report is filed
 4-7     with the department.
 4-8           Sec. 5.  RULES.  (a)  The commissioner shall adopt rules as
 4-9     necessary to implement Section 3 of this article.
4-10           (b)  The commissioner shall adopt rules on the submission of
4-11     reports under this article, including rules specifying the date by
4-12     which an insurer is required to file the report.  The commissioner
4-13     may establish different filing dates for different types of
4-14     insurers to coordinate the filing date with the filing date for a
4-15     different report required under this code.
4-16           Sec. 6.  INVESTMENTS NOT AUTHORIZED.  This article does not
4-17     authorize an insurer to make an investment not otherwise authorized
4-18     by this code.
4-19           Sec. 7.  PUBLIC INFORMATION.  A report filed under this
4-20     article is public information.
4-21           SECTION 2.  (a)  Except as provided by Subsection (b) of this
4-22     section, this Act takes effect September 1, 1999.
4-23           (b)  An insurer is not required to file an annual report
4-24     under Article 21.39-C, Insurance Code, as added by this Act, before
4-25     January 31, 2000.
4-26           SECTION 3.  The importance of this legislation and the
4-27     crowded condition of the calendars in both houses create an
 5-1     emergency and an imperative public necessity that the
 5-2     constitutional rule requiring bills to be read on three several
 5-3     days in each house be suspended, and this rule is hereby suspended.