By:  Sibley                                            S.B. No. 899
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to certain investments and rate reductions by insurance
 1-2     companies and related organizations; providing an administrative
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 4, Insurance Code, is amended by adding
 1-6     Subchapter B to read as follows:
 1-7             SUBCHAPTER B.  PREMIUM TAX CREDIT FOR INVESTMENT IN
 1-8                          CERTIFIED CAPITAL COMPANY
 1-9           Art. 4.51.  DEFINITIONS.  In this subchapter:
1-10                 (1)  "Affiliate" of another person means:
1-11                       (A)  a person who is an affiliate for purposes of
1-12     Section 2, Article 21.49-1 of this code;
1-13                       (B)  a person who directly or indirectly:
1-14                             (i)  beneficially owns 10 percent or more
1-15     of the outstanding voting securities or other ownership interests
1-16     of the other person, whether through rights, options, convertible
1-17     interests, or otherwise; or
1-18                             (ii)  controls or holds power to vote 10
1-19     percent or more of the outstanding voting securities or other
1-20     ownership interests of the other person;
1-21                       (C)  a person 10 percent or more of the
1-22     outstanding voting securities or other ownership interests of which
1-23     are directly or indirectly:
1-24                             (i)  beneficially owned by the other
 2-1     person, whether through rights, options, convertible interests, or
 2-2     otherwise; or
 2-3                             (ii)  controlled or held with power to vote
 2-4     by the other person;
 2-5                       (D)  a partnership in which the other person is a
 2-6     general partner; or
 2-7                       (E)  an officer, director, employee, or agent of
 2-8     the other person, or an immediate family member of the officer,
 2-9     director, employee, or agent.
2-10                 (2)  "Certification date" means the date on which a
2-11     certified capital company is certified under this subchapter.
2-12                 (3)  "Certified capital" means an investment of cash by
2-13     a certified investor in a certified capital company that fully
2-14     funds the purchase price of either its equity interest in the
2-15     company or a qualified debt instrument issued by the company.
2-16                 (4)  "Certified capital company" means a partnership,
2-17     corporation, or trust or limited liability company, whether
2-18     organized on a profit or not-for-profit basis, that has as its
2-19     primary business activity the investment of cash in qualified
2-20     businesses and that is certified as meeting the criteria of this
2-21     subchapter.
2-22                 (5)  "Certified investor" means an insurance company or
2-23     other person that has state premium tax liability that either:
2-24                       (A)  contributes certified capital pursuant to an
2-25     allocation of premium tax credits under this subchapter; or
2-26                       (B)  becomes irrevocably committed to contribute
 3-1     certified capital by preparing and executing a premium tax credit
 3-2     allocation claim.
 3-3                 (6)  "Early stage business" means a qualified business
 3-4     that:
 3-5                       (A)  is involved, at the time of a certified
 3-6     capital company's first investment, in activities related to the
 3-7     development of initial product or service offerings, such as
 3-8     prototype development or establishment of initial production or
 3-9     service processes; or
3-10                       (B)  was initially organized less than two years
3-11     before the date of the certified capital company's first investment
3-12     and, during the fiscal year immediately preceding the year of the
3-13     first investment had, on a consolidated basis with its affiliates,
3-14     gross revenues of not more than $2 million as determined in
3-15     accordance with generally accepted accounting principles.
3-16                 (7)  "Person" means a natural person or entity,
3-17     including a corporation, general or limited partnership, or trust
3-18     or limited liability company.
3-19                 (8)  "Premium tax credit allocation claim" means a
3-20     claim for allocation of premium tax credits.
3-21                 (9)  "Qualified business" means a business that, at the
3-22     time of a certified capital company's first investment in the
3-23     business:
3-24                       (A)  is headquartered in this state and intends
3-25     to remain in this state after receipt of the investment by the
3-26     certified capital company;
 4-1                       (B)  has its principal business operations
 4-2     located in this state and intends to maintain business operations
 4-3     in this state after receipt of the investment by the certified
 4-4     capital company;
 4-5                       (C)  has agreed to use the qualified investment
 4-6     primarily to:
 4-7                             (i)  support business operations, other
 4-8     than advertising, promotion, and sales operations, in this state;
 4-9     or
4-10                             (ii)  in the case of a start-up company,
4-11     establish and support business operations, other than advertising,
4-12     promotion, and sales operations, in this state;
4-13                       (D)  has not more than 100 employees and employs
4-14     at least 80 percent of its employees in this state;
4-15                       (E)  is primarily engaged in:
4-16                             (i)  manufacturing, processing, or
4-17     assembling products;
4-18                             (ii)  conducting research and development;
4-19     or
4-20                             (iii)  providing services; and
4-21                       (F)  is not primarily engaged in:
4-22                             (i)  retail sales;
4-23                             (ii)  real estate development;
4-24                             (iii)  the business of insurance, banking,
4-25     or lending; or
4-26                             (iv)  the provision of professional
 5-1     services provided by accountants, attorneys, or physicians.
 5-2                 (10)  "Qualified debt instrument" means a debt
 5-3     instrument issued by a certified capital company, at par value or a
 5-4     premium, that:
 5-5                       (A)  has an original maturity date of at least
 5-6     five years after the date of issuance;
 5-7                       (B)  has a repayment schedule that is not faster
 5-8     than a level principal amortization over five years;
 5-9                       (C)  has an annualized internal rate of return
5-10     that:
5-11                             (i)  is computed using the purchase price
5-12     of the qualified debt instrument, all payments of principal and
5-13     interest on the qualified debt instrument, and all future tax
5-14     credits projected to be received with respect to the qualified debt
5-15     instrument; and
5-16                             (ii)  does not exceed by more than 300
5-17     basis points the yield made, on the date of issuance of the
5-18     qualified debt instrument, on the five-year United States Treasury
5-19     security most recently issued, as of that date, by the United
5-20     States Treasury; and
5-21                       (D)  does not have:
5-22                             (i)  an equity component; or
5-23                             (ii)  interest, distribution, or payment
5-24     features or components that are related to the profitability of the
5-25     company or the performance of the company's investment portfolio
5-26     whether the features or components are part of or attached to the
 6-1     qualified debt instrument or are distributed or sold separately and
 6-2     purchased or obtained by the holder of the qualified debt
 6-3     instrument or any of its affiliates.
 6-4                 (11)  "Qualified distribution" means any distribution
 6-5     or payment by a certified capital company in connection with:
 6-6                       (A)  the reasonable costs and expenses of
 6-7     forming, syndicating, managing, and operating the company, provided
 6-8     that the distribution or payment is not made directly or indirectly
 6-9     to a certified investor or an affiliate of a certified investor,
6-10     including:
6-11                             (i)  reasonable and necessary fees paid for
6-12     professional services, including legal and accounting services,
6-13     related to the formation and operation of the company; and
6-14                             (ii)  an annual management fee in an amount
6-15     that does not exceed two and one-half percent of the value of the
6-16     assets of the company; and
6-17                       (B)  any projected increase in federal or state
6-18     taxes, including penalties and interest related to state and
6-19     federal income taxes, of the equity owners of the company resulting
6-20     from the earnings or other tax liability of the company to the
6-21     extent that the increase is related to the ownership, management,
6-22     or operation of the company.
6-23                 (12)  "Qualified investment" means the investment of
6-24     cash by a certified capital company in a qualified business for the
6-25     purchase of any debt, equity, or hybrid security of any nature or
6-26     description, including a debt instrument or security that has the
 7-1     characteristics of debt but that provides for conversion into
 7-2     equity or equity participation instruments such as options or
 7-3     warrants.
 7-4                 (13)  "State premium tax liability" means any liability
 7-5     incurred by any person under Subchapter A of this chapter or under
 7-6     Article 9.59 of this code.
 7-7           Art. 4.52.  DUTIES OF COMPTROLLER; RULES.  The comptroller
 7-8     shall administer this subchapter and may adopt rules and forms as
 7-9     necessary to implement this subchapter.
7-10           Art. 4.53.  CERTIFICATION.  (a)  The comptroller by rule
7-11     shall establish the application procedures for certified capital
7-12     companies.
7-13           (b)  An applicant must file an application not later than
7-14     April 17, 2000, in the form prescribed by the comptroller
7-15     accompanied by a nonrefundable application fee of $7,500.  The
7-16     application must include an audited balance sheet of the applicant,
7-17     with an unqualified opinion from an independent certified public
7-18     accountant, as of a date not more than 35 days before the date of
7-19     the application.
7-20           (c)  To qualify as a certified capital company:
7-21                 (1)  the applicant must have, at the time of
7-22     application for certification, an equity  capitalization of at
7-23     least $500,000 in the form of unencumbered cash or cash
7-24     equivalents;
7-25                 (2)  at least two principals or persons employed to
7-26     manage the funds of the applicant must have at least two years of
 8-1     experience in the venture capital industry; and
 8-2                 (3)  the applicant must satisfy any additional
 8-3     requirement imposed by the comptroller by rule.
 8-4           (d)  The comptroller shall review the application,
 8-5     organizational documents, and business history of each applicant
 8-6     and shall ensure that the applicant satisfies the requirements of
 8-7     this subchapter.
 8-8           (e)  Not later than the 30th day after the date an
 8-9     application is filed, the comptroller shall:
8-10                 (1)  issue the certification; or
8-11                 (2)  refuse to issue the certification and communicate
8-12     in detail to the applicant the grounds for the refusal, including
8-13     suggestions for the removal of those grounds.
8-14           Art. 4.54.  MANAGEMENT BY CERTAIN ENTITIES PROHIBITED.
8-15     (a)  An insurance company, group of insurance companies, or other
8-16     persons who may have state premium tax liability or the affiliates
8-17     of the insurance companies or other persons may not, directly or
8-18     indirectly:
8-19                 (1)  manage a certified capital company;
8-20                 (2)  beneficially own, whether through rights, options,
8-21     convertible interests, or otherwise, more than 10 percent of the
8-22     outstanding voting securities of a certified capital company; or
8-23                 (3)  control the direction of investments for a
8-24     certified capital company.
8-25           (b)  Subsection (a) of this article applies without regard to
8-26     whether the insurance company or other person or the affiliate of
 9-1     the insurance company or other person is licensed by or transacts
 9-2     business in this state.
 9-3           (c)  This article does not preclude a certified investor,
 9-4     insurance company, or any other party from exercising its legal
 9-5     rights and remedies, including interim management of a certified
 9-6     capital company, if authorized by law, with respect to a certified
 9-7     capital company that is in default of its statutory or contractual
 9-8     obligations to the certified investor, insurance company, or other
 9-9     party.
9-10           Art. 4.55.  OFFERING MATERIAL USED BY CERTIFIED CAPITAL
9-11     COMPANY.  Any offering material involving the sale of securities of
9-12     the certified capital company must include the following statement:
9-13           By authorizing the formation of a certified capital
9-14           company, the State of Texas does not endorse the
9-15           quality of management or the potential for earnings of
9-16           the company and is not liable for damages or losses to
9-17           a certified investor in the company.  Use of the word
9-18           "certified" in an offering does not constitute a
9-19           recommendation or endorsement of the investment by the
9-20           comptroller of public accounts.  If applicable
9-21           provisions of law are violated, the State of Texas may
9-22           require forfeiture of unused premium tax credits and
9-23           repayments of used premium tax credits.
9-24           Art. 4.56.  REQUIREMENTS FOR CONTINUANCE OF CERTIFICATION.
9-25     (a)  To continue to be certified, a certified  capital company
9-26     shall make qualified investments according to the following
 10-1    schedule:
 10-2                (1)  before the third anniversary of its certification
 10-3    date, a company must have made qualified investments in an amount
 10-4    cumulatively equal to at least 30 percent of its certified capital;
 10-5    and
 10-6                (2)  before the fifth anniversary of its certification
 10-7    date, a company must have made qualified investments in an amount
 10-8    cumulatively equal to at least 50 percent of its certified capital,
 10-9    subject to Subsection (b) of this article.
10-10          (b)  At least 50 percent of the amount of qualified
10-11    investments required by Subsections (a)(1) and (2) of this article
10-12    must be placed in early stage businesses.
10-13          (c)  The aggregate cumulative amount of all qualified
10-14    investments made by the certified capital company after its
10-15    certification date shall be considered in the computation of the
10-16    percentage requirements under this subchapter.  Any proceeds
10-17    received from a qualified investment may be invested in another
10-18    qualified investment and count toward any requirement in this
10-19    subchapter with respect to investments of certified capital.
10-20          (d)  A business that is classified as a qualified business at
10-21    the time of the first investment in the business by a certified
10-22    capital company remains classified as a qualified business and may
10-23    receive follow-on investments from any certified capital company.
10-24    Except as provided by this subsection, a follow-on investment made
10-25    under this subsection is a qualified investment even though the
10-26    business may not meet the definition of a qualified business at the
 11-1    time of the follow-on investment.  A follow-on investment does not
 11-2    qualify as a qualified investment if, at the time of the follow-on
 11-3    investment, the qualified business no longer has its principal
 11-4    business operations in this state.
 11-5          (e)  A qualified investment may not be made at a cost to a
 11-6    certified capital company greater than 15 percent of the total
 11-7    certified capital of the company at the time of investment.
 11-8          (f)  If, before the first anniversary of the date that a
 11-9    certified capital company makes an investment in a qualified
11-10    business, the qualified business moves its principal business
11-11    operations from this state, the investment may not be considered a
11-12    qualified investment for purposes of the percentage requirements
11-13    under this subchapter.
11-14          (g)  A certified capital company shall invest any certified
11-15    capital not invested in qualified investments in:
11-16                (1)  cash deposited with a federally insured financial
11-17    institution;
11-18                (2)  certificates of deposit in a federally insured
11-19    financial institution;
11-20                (3)  investment securities that are obligations of the
11-21    United States or its agencies or instrumentalities or obligations
11-22    that are guaranteed fully as to principal and interest by the
11-23    United States;
11-24                (4)  investment-grade instruments rated at least "A" or
11-25    its equivalent by a nationally recognized rating organization;
11-26                (5)  obligations of this state or any municipality or
 12-1    political subdivision of this state; or
 12-2                (6)  any other investments approved in advance and in
 12-3    writing by the comptroller.
 12-4          Art. 4.57.  EVALUATION OF BUSINESS BY COMPTROLLER.  (a)  A
 12-5    certified capital company may, before making an investment in a
 12-6    business, request from the comptroller a written opinion as to
 12-7    whether the business in which it proposes to invest is a qualified
 12-8    business or an early stage business.
 12-9          (b)  The comptroller shall, not later than the 15th business
12-10    day after the date of the receipt of a request under Subsection (a)
12-11    of this article, determine whether the business meets the
12-12    definition of a qualified business or an early stage business, as
12-13    applicable, and  notify the certified capital company of the
12-14    determination and an explanation of its determination or notify the
12-15    certified capital company that an additional 15 days will be needed
12-16    to review and make the determination.
12-17          (c)  If the comptroller fails to notify the certified capital
12-18    company with respect to the proposed investment within the period
12-19    specified by Subsection (b) of this article, the business in which
12-20    the company proposes to invest is considered to be a qualified
12-21    business or early stage business, as appropriate.
12-22          Art. 4.58.  REPORTS TO COMPTROLLER; AUDITED FINANCIAL
12-23    STATEMENT.  (a)  Each certified capital company shall report to the
12-24    comptroller as soon as practicable after the receipt of certified
12-25    capital:
12-26                (1)  the name of each certified investor from whom the
 13-1    certified capital was received, including the certified investor's
 13-2    insurance premium tax identification number;
 13-3                (2)  the amount of each certified investor's investment
 13-4    of certified capital and premium tax credits; and
 13-5                (3)  the date on which the certified capital was
 13-6    received.
 13-7          (b)  Not later than January 31 of each year, each certified
 13-8    capital company shall report to the comptroller:
 13-9                (1)  the amount of the company's certified capital at
13-10    the end of the preceding year;
13-11                (2)  whether or not the company has invested more than
13-12    15 percent of its total certified capital in any one business;
13-13                (3)  each qualified investment that the company made
13-14    during the preceding year and, with respect to each qualified
13-15    investment, the number of employees of the qualified business at
13-16    the time the qualified investment was made; and
13-17                (4)  any other information required by the comptroller,
13-18    including any information required by the comptroller to comply
13-19    with Article 4.74 of this code.
13-20          (c)  Not later than April 1 of each year, the company shall
13-21    provide to the comptroller an annual audited financial statement
13-22    that includes the opinion of an independent certified public
13-23    accountant.  The audit shall address the methods of operation and
13-24    conduct of the business of the company to determine whether:
13-25                (1)  the company is complying with this subchapter and
13-26    the rules adopted under this subchapter;
 14-1                (2)  the funds received by the company have been
 14-2    invested as required within the time provided by Article 4.56(a) of
 14-3    this code; and
 14-4                (3)  the company has invested the funds in qualified
 14-5    businesses.
 14-6          Art. 4.59.  RENEWAL.  (a)  Not later than January 31 of each
 14-7    year, each certified capital company shall pay a nonrefundable
 14-8    renewal fee of $5,000 to the comptroller.
 14-9          (b)  Notwithstanding Subsection (a) of this article, a
14-10    renewal fee is not required within six months of the initial
14-11    certification date of a certified capital company.
14-12          Art. 4.60.  DISTRIBUTIONS; REPAYMENT OF DEBT.  (a)  A
14-13    certified capital company may make a qualified distribution at any
14-14    time.  To make a distribution or payment, other than a qualified
14-15    distribution, a company must have made qualified investments in an
14-16    amount cumulatively equal to 100 percent of its certified capital.
14-17          (b)  Notwithstanding Subsection (a) of this article, a
14-18    company may make repayments of principal and interest on its
14-19    indebtedness without any restriction, including repayments of
14-20    indebtedness of the company on which certified investors earned
14-21    premium tax credits.
14-22          Art. 4.61.  ANNUAL REVIEW; DECERTIFICATION.  (a)  The
14-23    comptroller shall conduct an annual review of each certified
14-24    capital company to:
14-25                (1)  ensure that the company continues to satisfy the
14-26    requirements of this subchapter and that the company has not made
 15-1    any investment in violation of this subchapter; and
 15-2                (2)  determine the eligibility status of its qualified
 15-3    investments.
 15-4          (b)  The cost of the annual review shall be paid by each
 15-5    certified capital company according to a reasonable fee schedule
 15-6    adopted by the comptroller.
 15-7          (c)  A material violation of Article 4.56, 4.58, or 4.59 of
 15-8    this code is grounds for decertification of the certified capital
 15-9    company.  If the comptroller determines that a company is not in
15-10    compliance with Article 4.56, 4.58, or 4.59 of this code, the
15-11    comptroller shall notify the officers of the company in  writing
15-12    that the company may be subject to decertification after the 120th
15-13    day after the date of mailing of the notice, unless the
15-14    deficiencies are corrected and the company returns to compliance
15-15    with those articles.
15-16          (d)  The comptroller may decertify a certified capital
15-17    company, after opportunity for hearing, if the comptroller finds
15-18    that the company is not in compliance with Article 4.56, 4.58, or
15-19    4.59 of this code at the end of the period established by
15-20    Subsection (c) of this article.  Decertification under this
15-21    subsection is effective on receipt of notice of decertification by
15-22    the company.  The comptroller shall notify any appropriate state
15-23    agency of the decertification.
15-24          Art. 4.62.  ADMINISTRATIVE PENALTY.  (a)  The comptroller may
15-25    impose an administrative penalty on a certified capital company
15-26    that violates this subchapter.
 16-1          (b)  The amount of the penalty may not exceed $25,000, and
 16-2    each day a violation continues or occurs is a separate violation
 16-3    for the purpose of imposing a penalty.  The amount of the penalty
 16-4    shall be based on:
 16-5                (1)  the seriousness of the violation, including the
 16-6    nature, circumstances, extent, and gravity of the violation;
 16-7                (2)  the economic harm caused by the violation;
 16-8                (3)  the history of previous violations;
 16-9                (4)  the amount necessary to deter a future violation;
16-10                (5)  efforts to correct the violation; and
16-11                (6)  any other matter that justice may require.
16-12          (c)  Certified capital companies assessed penalties under
16-13    this Subchapter may request a redetermination as provided in
16-14    Chapter 111, Tax Code.
16-15          (d)  The attorney general may sue to collect the penalty.
16-16          (e)  A proceeding to impose the penalty is considered to be a
16-17    contested case under Chapter 2001, Government Code.
16-18          Art. 4.63.  RECAPTURE AND FORFEITURE OF PREMIUM TAX CREDITS:
16-19    DECERTIFICATION OF COMPANY.  (a)  Decertification of a certified
16-20    capital company may cause the recapture of premium tax credits
16-21    previously claimed and the forfeiture of future premium tax credits
16-22    to be claimed by certified investors with respect to the company,
16-23    as follows:
16-24                (1)  decertification of a company on or before the
16-25    third anniversary of its certification date causes the recapture of
16-26    any premium tax credit previously claimed and the forfeiture of any
 17-1    future premium tax credit to be claimed by a certified investor
 17-2    with respect to the company;
 17-3                (2)  for a company that meets the requirements for
 17-4    continued certification under Article 4.56(a)(1) of this code and
 17-5    subsequently fails to meet the requirements for continued
 17-6    certification under Article 4.56(a)(2) of this code, any premium
 17-7    tax credit that has been or will be taken by a certified investor
 17-8    on or before the third anniversary of the certification date is not
 17-9    subject to recapture or forfeiture, but any premium tax credit that
17-10    has been or will be taken by a certified investor after the third
17-11    anniversary of the certification date of the company is subject to
17-12    recapture or forfeiture;
17-13                (3)  for a company that has met the requirements for
17-14    continued certification under Articles 4.56(a)(1) and (2) of this
17-15    code and is subsequently decertified, any premium tax credit that
17-16    has been or will be taken by a certified investor on or before the
17-17    fifth anniversary of the certification date is not subject to
17-18    recapture or forfeiture, but any premium tax credit to be taken
17-19    after the fifth anniversary of the certification date is subject to
17-20    forfeiture only if the company is decertified on or before the
17-21    fifth anniversary of its certification date; and
17-22                (4)  for a company that has invested an amount
17-23    cumulatively equal to 100 percent of its certified capital in
17-24    qualified investments, any premium tax credit claimed or to be
17-25    claimed by a certified investor is not subject to recapture or
17-26    forfeiture under this article.
 18-1          (b)  The comptroller shall send written notice to the address
 18-2    of each certified investor whose premium tax credit is subject to
 18-3    recapture or forfeiture, using the address shown on the last
 18-4    premium tax filing.
 18-5          Art. 4.64.  RECAPTURE AND FORFEITURE OF PREMIUM TAX CREDITS:
 18-6    QUALIFIED BUSINESS LEAVES STATE.  (a)  The comptroller shall adopt
 18-7    rules under which premium tax credits previously claimed by
 18-8    certified investors are subject to recapture and future premium tax
 18-9    credits to be claimed by certified investors are subject to
18-10    forfeiture with respect to an investment made by a certified
18-11    capital company in a qualified business if the qualified business
18-12    fails to maintain its principal business operations in this state
18-13    as required by the rules.
18-14          (b)  The rules adopted by the comptroller must specify the
18-15    manner in which the recapture and forfeiture of premium tax credits
18-16    under this article may be apportioned among certified investors in
18-17    a certified capital company.
18-18          (c)  The comptroller shall send written notice to the address
18-19    of each certified investor whose premium tax credit is subject to
18-20    recapture or forfeiture, using the address shown on the last
18-21    premium tax filing.
18-22          Art. 4.65.  INDEMNITY AGREEMENTS AND INSURANCE AUTHORIZED.  A
18-23    certified capital company may agree to indemnify, or purchase
18-24    insurance for the benefit of, a certified investor for losses
18-25    resulting from the recapture or forfeiture of premium tax credits
18-26    under Article 4.63 or 4.64 of this code.
 19-1          Art. 4.66.  PREMIUM TAX CREDIT.  (a)  A certified investor
 19-2    who makes an investment of certified capital shall in the year of
 19-3    investment earn a vested credit against state premium tax liability
 19-4    equal to 100 percent of the certified investor's investment of
 19-5    certified capital, subject to the limits imposed by this
 19-6    subchapter.  A certified investor may take up to 10 percent of the
 19-7    vested premium tax credit in any taxable year of the certified
 19-8    investor.
 19-9          (b)  The credit to be applied against state premium tax
19-10    liability in any one year may not exceed the state premium tax
19-11    liability of the certified investor for the taxable year.  Any
19-12    unused credit against state premium tax liability may be carried
19-13    forward indefinitely until the premium tax credits are used.
19-14          (c)  A certified investor claiming a credit against state
19-15    premium tax liability earned through an investment in a company is
19-16    not required to pay any additional retaliatory tax levied under
19-17    Article 21.46 of this code as a result of claiming that credit.  An
19-18    investment made under this subchapter is a "Texas investment" for
19-19    purposes of Subchapter A of this chapter and Article 9.59 of this
19-20    code.
19-21          Art. 4.67.  PREMIUM TAX CREDIT ALLOCATION CLAIM FORM.  (a)  A
19-22    premium tax credit allocation claim must be prepared and executed
19-23    by a certified investor on a form provided by the comptroller.  The
19-24    certified capital company must file the claim with the comptroller
19-25    not later than August 17, 2000.  The premium tax credit allocation
19-26    claim form must include an affidavit of the certified investor
 20-1    under which the certified investor becomes legally bound and
 20-2    irrevocably committed to make an investment of certified capital in
 20-3    a certified capital company in the amount allocated even if the
 20-4    amount allocated is less than the amount of the claim, subject only
 20-5    to the receipt of an allocation under Article 4.69 of this code.
 20-6          (b)  A certified investor may not claim a premium tax credit
 20-7    under Article 4.66 of this code for an investment that has not been
 20-8    funded, even if the certified investor has committed to fund the
 20-9    investment.
20-10          Art. 4.68.  TOTAL LIMIT ON CREDITS.  (a)  The total amount of
20-11    certified capital for which premium tax credits may be allowed
20-12    under this subchapter for all years in which premium tax credits
20-13    are allowed is $100 million.
20-14          (b)  The total amount of certified capital for which premium
20-15    tax credits may be allowed for all certified investors under this
20-16    subchapter may not exceed the amount that would entitle all
20-17    certified investors in certified capital companies to take total
20-18    credits of $10 million in a year.
20-19          (c)  A certified capital company and its affiliates may not
20-20    file premium tax credit allocation claims in excess of the maximum
20-21    amount of certified capital for which premium tax credits may be
20-22    allowed as provided in this article.
20-23          Art. 4.69.  PRO RATA ALLOCATION OF CREDITS.  (a)  This
20-24    article applies only if the total premium tax credits claimed by
20-25    all certified investors exceeds the total limits on premium tax
20-26    credits established by Article 4.68(a) of this code.
 21-1          (b)  The comptroller shall allocate the total amount of
 21-2    premium tax credits allowed under this subchapter to certified
 21-3    investors in certified capital companies on a pro rata basis in
 21-4    accordance with this article.
 21-5          (c)  The pro rata allocation for each certified investor
 21-6    shall be the product of:
 21-7                (1)  a fraction, the numerator of which is the amount
 21-8    of the premium tax credit allocation claim filed on behalf of the
 21-9    investor and the denominator of which is the total amount of all
21-10    premium tax credit allocation claims filed on behalf of all
21-11    certified investors; and
21-12                (2)  the total amount of certified capital for which
21-13    premium tax credits may be allowed under this subchapter.
21-14          (d)  If, as a result of the pro rata allocation of premium
21-15    tax credits under Subsection (c) of this article, certified
21-16    investors in any certified capital company that submitted premium
21-17    tax credit allocation claims would not be allocated at least $7.5
21-18    million in premium tax credits for all years for which credits are
21-19    allowed, the comptroller:
21-20                (1)  may not make any allocation to the certified
21-21    investors of the certified capital company that would receive the
21-22    lowest pro rata allocation and that company may not continue to
21-23    operate as a certified capital company and that company's
21-24    certification under this subchapter terminates;
21-25                (2)  shall continue to apply the allocation formula
21-26    established under Subsection (c) of this article, without
 22-1    considering the premium tax credit allocation claims filed on
 22-2    behalf of the certified investors in the company that was denied an
 22-3    allocation under Subdivision (1) of this subsection; and
 22-4                (3)  shall continue application of the allocation
 22-5    formula, as provided by this subsection, until the allocation
 22-6    process results in the allocation of at least $7.5 million in
 22-7    premium tax credits to the certified investors of each company
 22-8    receiving an allocation under this article.
 22-9          (e)  Not later than September 15, 2000, the comptroller shall
22-10    notify each certified capital company of the amount of tax credits
22-11    allocated to each certified investor.  Each certified capital
22-12    company shall notify each certified investor of their premium tax
22-13    credit allocation.
22-14          (f)  If a certified capital company does not receive an
22-15    investment of certified capital equaling the amount of premium tax
22-16    credits allocated to a certified investor for which it filed a
22-17    premium tax credit allocation claim before the end of the 10th
22-18    business day after the date of receipt of notice of allocation, the
22-19    company shall notify the comptroller by overnight common carrier
22-20    delivery service and that portion of capital allocated to the
22-21    certified investor shall be forfeited.  The comptroller shall
22-22    reallocate the forfeited capital among the certified investors in
22-23    the other certified capital companies that originally received an
22-24    allocation so that the result after reallocation is the same as if
22-25    the initial allocation under this article had been performed
22-26    without considering the premium tax credit allocation claims that
 23-1    were subsequently forfeited.
 23-2          (g)  The maximum amount of certified capital for which a
 23-3    premium tax credit allocation may be allowed on behalf of any one
 23-4    certified investor and its affiliates, whether by one or more
 23-5    certified capital companies, may not exceed $2 million a year.
 23-6          Art. 4.70.  TREATMENT OF CREDITS AND CAPITAL.  In any case
 23-7    under this code or another insurance law of this state in which the
 23-8    assets of a certified investor are examined or considered, the
 23-9    certified capital may be treated as an admitted asset, subject to
23-10    the applicable statutory valuation procedures.
23-11          Art 4.71.  IMPACT OF TAX CREDITS CLAIMED BY A CERTIFIED
23-12    INVESTOR ON INSURANCE RATES.  A certified investor is not required
23-13    to reduce the amount of premium tax included by the investor in
23-14    connection with ratemaking for any insurance contract written in
23-15    this state because of a reduction in the investor's Texas premium
23-16    tax derived from the credit granted under this subchapter.
23-17          Art. 4.72.  TRANSFERABILITY OF CREDIT.  (a)  A certified
23-18    investor may transfer or assign premium tax credits to:
23-19                (1)  an affiliate of the certified investor;
23-20                (2)  another entity that may be a certified investor,
23-21    if a merger, acquisition, or total assumption of reinsurance among
23-22    or between the entities occurs; or
23-23                (3)  another entity, in connection with a
23-24    rehabilitation or receivership process, if the comptroller, after
23-25    consultation with the commissioner, by order approves the transfer
23-26    or assignment.
 24-1          (b)  The comptroller shall adopt rules to facilitate the
 24-2    transfer or assignment of premium tax credits.  A certified
 24-3    investor may transfer or assign premium tax credits only in
 24-4    compliance with the rules adopted under this subsection.
 24-5          (c)  The transfer or assignment of a premium tax credit does
 24-6    not affect the schedule for taking the premium tax credit under
 24-7    this subchapter.
 24-8          Art. 4.73.  PROMOTION.  The Texas Department of Economic
 24-9    Development shall promote the program established under this
24-10    subchapter in the Texas Business and Community Economic Development
24-11    Clearinghouse.
24-12          Art. 4.74.  REPORT TO LEGISLATURE.  (a)  The comptroller
24-13    shall prepare a biennial report with respect to results of the
24-14    implementation of this subchapter.  The report must include:
24-15                (1)  the number of certified capital companies holding
24-16    certified capital;
24-17                (2)  the amount of certified capital invested in each
24-18    certified capital company;
24-19                (3)  the amount of certified capital the certified
24-20    capital company has invested in qualified businesses as of January
24-21    1, 2002, and the cumulative total for each subsequent year;
24-22                (4)  the total amount of tax credits granted under this
24-23    subchapter for each year that credits have been granted;
24-24                (5)  the performance of each certified capital company
24-25    with respect to renewal and reporting requirements imposed under
24-26    this subchapter;
 25-1                (6)  with respect to the qualified businesses in which
 25-2    certified capital companies have invested:
 25-3                      (A)  the classification of the qualified
 25-4    businesses according to the industrial sector and the size of the
 25-5    business;
 25-6                      (B)  the total number of jobs created by the
 25-7    investment and the average wages paid for the jobs; and
 25-8                      (C)  the total number of jobs retained as a
 25-9    result of the investment and the average wages paid for the jobs;
25-10    and
25-11                (7)  the certified capital companies that have been
25-12    decertified or that have failed to renew the certification and the
25-13    reason for any decertification.
25-14          (b)  The comptroller shall file the report with the governor,
25-15    the lieutenant governor, and the speaker of the house of
25-16    representatives not later than December 15 of each even-numbered
25-17    year.
25-18          SECTION 2.  Section 6, Article 5.131, Insurance Code, is
25-19    amended to read as follows:
25-20          Sec. 6.  DURATION OF REDUCTION.  Unless the commissioner
25-21    grants relief under Section 4 or 5 of this article, each rate
25-22    resulting from the reduction required under Section 3 of this
25-23    article remains in effect until January 1, 2003 [2001].
25-24          SECTION 3.  Articles 4.01 through 4.08, 4.10, 4.11, 4.11A,
25-25    4.11B, 4.11C, 4.12, and 4.17, 4.18, and 4.19, Insurance Code, are
25-26    redesignated as Subchapter A, Chapter 4, Insurance Code, and a
 26-1    subchapter heading is added to read as follows:
 26-2        SUBCHAPTER A.  IMPOSITION AND COLLECTION OF TAXES AND FEES
 26-3          SECTION 4.  (a)  Not later than the 60th day after the
 26-4    effective date of this Act, the comptroller of public accounts of
 26-5    the State of Texas shall adopt rules necessary to implement
 26-6    Subchapter B, Chapter 4, Insurance Code, as added by this Act.  The
 26-7    comptroller of public accounts shall begin accepting applications
 26-8    for certification as a certified capital company under that
 26-9    subchapter on the 90th day after the effective date of this Act.
26-10          (b)  A certified investor may not make an investment with a
26-11    certified capital company under Subchapter B, Chapter 4, Insurance
26-12    Code, as added by this Act, before January 1, 2001.
26-13          SECTION 5.  This Act does not take effect unless the
26-14    legislature appropriates money specifically for the purpose of
26-15    administering this Act.
26-16          SECTION 6.  The importance of this legislation and the
26-17    crowded condition of the calendars in both houses create an
26-18    emergency and an imperative public necessity that the
26-19    constitutional rule requiring bills to be read on three several
26-20    days in each house be suspended, and this rule is hereby suspended,
26-21    and that this Act take effect and be in force from and after its
26-22    passage, and it is so enacted.