By Averitt H.B. No. 3326
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reorganization of a mutual life insurance company.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Amend Article 11.01, Insurance Code by adding a
1-5 new Subsection (d) to read as follows:
1-6 (d) Any mutual life insurance company organized or operating
1-7 under the provisions of Chapter 11 of this Code may reorganize by
1-8 forming an insurance holding company based on a mutual plan and
1-9 continuing the corporate existence of the reorganizing insurance
1-10 company as a stock insurance company.
1-11 (1) The commissioner, if satisfied that the
1-12 reorganization is fair and equitable to members, shall approve the
1-13 proposed plan or reorganization. The Commissioner shall retain
1-14 jurisdiction over a mutual holding company organized pursuant to
1-15 this section to assure that member interests are protected.
1-16 (2) A reorganization under this section shall be
1-17 governed by Article 15.22, Section 24 of this Code.
1-18 (3) A mutual holding company resulting from the
1-19 reorganization of a domestic mutual insurance company organized
1-20 under this chapter shall be incorporated pursuant to Chapter 11 of
1-21 this code and the Texas Non-Profit Corporation Act (Article
1-22 1396-1.01 et seq., Vernon's Texas Civil Statutes). The articles of
1-23 incorporation, and any amendments to such articles, of the mutual
2-1 holding company shall be subject to approval of the commissioner in
2-2 the same manner as those of a mutual insurance company.
2-3 (4) A membership interest in a mutual holding company
2-4 shall not constitute a security as defined in Section 4, The
2-5 Securities Act (Article 581-4, Vernon's Texas Civil Statutes).
2-6 SECTION 2. This Act shall be effective on September 1, 2001.