By:  Carona                                            S.B. No. 601
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain investments and rate reductions by insurance
 1-3     companies and related organizations; providing an administrative
 1-4     penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 4, Insurance Code, is amended by adding
 1-7     Subchapter B to read as follows:
 1-8             SUBCHAPTER B.  PREMIUM TAX CREDIT FOR INVESTMENT IN
 1-9                          CERTIFIED CAPITAL COMPANY
1-10           Art. 4.51.  DEFINITIONS.  In this subchapter:
1-11                 (1)  "Affiliate" of another person means:
1-12                       (A)  a person who is an affiliate for purposes of
1-13     Section 2, Article 21.49-1 of this code;
1-14                       (B)  a person who directly or indirectly:
1-15                             (i)  beneficially owns 10 percent or more
1-16     of the outstanding voting securities or other ownership interests
1-17     of the other person, whether through rights, options, convertible
1-18     interests, or otherwise; or
1-19                             (ii)  controls or holds power to vote 10
1-20     percent or more of the outstanding voting securities or other
1-21     ownership interests of the other person;
1-22                       (C)  a person 10 percent or more of the
1-23     outstanding voting securities or other ownership interests of which
1-24     are directly or indirectly:
1-25                             (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)  "Allocation date" means the date on which the
2-11     certified investors of a certified capital company are allocated
2-12     certified capital by the comptroller under this subchapter.
2-13                 (3)  "Certified capital" means an investment of cash by
2-14     a certified investor in a certified capital company that fully
2-15     funds the purchase price of an equity interest in the company or a
2-16     qualified debt instrument issued by the certified capital company.
2-17                 (4)  "Certified capital company" means a partnership,
2-18     corporation, or trust or limited liability company, whether
2-19     organized on a profit or not-for-profit basis, that has as its
2-20     primary business activity the investment of cash in qualified
2-21     businesses and that is certified as meeting the criteria of this
2-22     subchapter.
2-23                 (5)  "Certified investor" means an insurance company or
2-24     other person that has state premium tax liability, other than a
2-25     title insurance company, that contributes certified capital
2-26     pursuant to an allocation of premium tax credits under this
 3-1     subchapter.
 3-2                 (6)  "Early stage business" means a qualified business
 3-3     that satisfies at least one of the following criteria:
 3-4                       (A)  is involved, at the time of a certified
 3-5     capital company's first investment, in activities related to the
 3-6     development of initial product or service offerings, such as
 3-7     prototype development or establishment of initial production or
 3-8     service processes;
 3-9                       (B)  was initially organized less than two years
3-10     before the date of the certified capital company's first
3-11     investment; or
3-12                       (C)  during the fiscal year immediately preceding
3-13     the year of the certified capital company's first investment had,
3-14     on a consolidated basis with its affiliates, gross revenues of not
3-15     more than $2 million as determined in accordance with generally
3-16     accepted accounting principles.
3-17                 (7)  "Person" means a natural person or entity,
3-18     including a corporation, general or limited partnership, or trust
3-19     or limited liability company.
3-20                 (8)  "Premium tax credit allocation claim" means a
3-21     claim for allocation of premium tax credits.
3-22                 (9)  "Qualified business" means a business that, at the
3-23     time of a certified capital company's first investment in the
3-24     business:
3-25                       (A)  is headquartered in this state and intends
3-26     to remain in this state after receipt of the investment by the
 4-1     certified capital company;
 4-2                       (B)  has its principal business operations
 4-3     located in this state and intends to maintain business operations
 4-4     in this state after receipt of the investment by the certified
 4-5     capital company;
 4-6                       (C)  has agreed to use the qualified investment
 4-7     primarily to:
 4-8                             (i)  support business operations, other
 4-9     than advertising, promotion, and sales operations, in this state;
4-10     or
4-11                             (ii)  in the case of a start-up company,
4-12     establish and support business operations, other than advertising,
4-13     promotion, and sales operations, in this state;
4-14                       (D)  has not more than 100 employees and:
4-15                             (i)  employs at least 80 percent of its
4-16     employees in this state; or
4-17                             (ii)  pays 80 percent of its payroll to
4-18     employees in this state;
4-19                       (E)  is primarily engaged in:
4-20                             (i)  manufacturing, processing, or
4-21     assembling products;
4-22                             (ii)  conducting research and development;
4-23     or
4-24                             (iii)  providing services; and
4-25                       (F)  is not primarily engaged in:
4-26                             (i)  retail sales;
 5-1                             (ii)  real estate development;
 5-2                             (iii)  the business of insurance, banking,
 5-3     or lending; or
 5-4                             (iv)  the provision of professional
 5-5     services provided by accountants, attorneys, or physicians.
 5-6                 (10)  "Qualified debt instrument" means a debt
 5-7     instrument issued by a certified capital company, at par value or a
 5-8     premium, that:
 5-9                       (A)  has an original maturity date of at least
5-10     five years after the date of issuance;
5-11                       (B)  has a repayment schedule that is not faster
5-12     than a level principal amortization over five years; and
5-13                       (C)  has no interest, distribution, or payment
5-14     features that are related to the profitability of the certified
5-15     capital company or the performance of the certified capital
5-16     company's investment portfolio.
5-17                 (11)  "Qualified distribution" means any distribution
5-18     or payment from certified capital by a certified capital company in
5-19     connection with:
5-20                       (A)  the reasonable costs and expenses of
5-21     forming, syndicating, managing, and operating the company, provided
5-22     that the distribution or payment is not made directly or indirectly
5-23     to a certified investor, including:
5-24                             (i)  reasonable and necessary fees paid for
5-25     professional services, including legal and accounting services,
5-26     related to the formation and operation of the company; and
 6-1                             (ii)  an annual management fee in an amount
 6-2     that does not exceed two and one-half percent of the certified
 6-3     capital of the company; and
 6-4                       (B)  any projected increase in federal or state
 6-5     taxes, including penalties and interest related to state and
 6-6     federal income taxes, of the equity owners of the company resulting
 6-7     from the earnings or other tax liability of the company to the
 6-8     extent that the increase is related to the ownership, management,
 6-9     or operation of the company.
6-10                 (12)  "Qualified investment" means the investment of
6-11     cash by a certified capital company in a qualified business for the
6-12     purchase of any debt, debt participation, equity, or hybrid
6-13     security of any nature or description, including a debt instrument
6-14     or security that has the characteristics of debt but that provides
6-15     for conversion into equity or equity participation instruments such
6-16     as options or warrants.
6-17                 (13)  "State premium tax liability" means:
6-18                       (A)  any liability incurred by any person under
6-19     Subchapter A of this chapter; or
6-20                       (B)  if the tax liability imposed under
6-21     Subchapter A of this chapter on January 1, 2001, is eliminated or
6-22     reduced, any tax liability imposed on an insurance company or other
6-23     person that had premium tax liability under Subchapter A of this
6-24     chapter on that date.
6-25           Art. 4.52.  DUTIES OF COMPTROLLER; RULES.  The comptroller
6-26     shall administer this subchapter and may adopt rules and forms as
 7-1     necessary to implement this subchapter.
 7-2           Art. 4.53.  CERTIFICATION.  (a)  The comptroller by rule
 7-3     shall establish the application procedures for certified capital
 7-4     companies.
 7-5           (b)  An applicant must file an application in the form
 7-6     prescribed by the comptroller accompanied by a nonrefundable
 7-7     application fee of $7,500.  The application must include an audited
 7-8     balance sheet of the applicant, with an unqualified opinion from an
 7-9     independent certified public accountant, as of a date not more than
7-10     35 days before the date of the application.
7-11           (c)  To qualify as a certified capital company:
7-12                 (1)  the applicant must have, at the time of
7-13     application for certification, an equity  capitalization of at
7-14     least $500,000 in the form of unencumbered cash or cash
7-15     equivalents;
7-16                 (2)  at least two principals or persons employed to
7-17     manage the funds of the applicant must have at least four years of
7-18     experience in the venture capital industry; and
7-19                 (3)  the applicant must satisfy any additional
7-20     requirement imposed by the comptroller by rule.
7-21           (d)  The comptroller shall review the application,
7-22     organizational documents, and business history of each applicant
7-23     and shall ensure that the applicant satisfies the requirements of
7-24     this subchapter.
7-25           (e)  Not later than the 30th day after the date an
7-26     application is filed, the comptroller shall:
 8-1                 (1)  issue the certification; or
 8-2                 (2)  refuse to issue the certification and communicate
 8-3     in detail to the applicant the grounds for the refusal, including
 8-4     suggestions for the removal of those grounds.
 8-5           Art. 4.54.  MANAGEMENT BY CERTAIN ENTITIES PROHIBITED.
 8-6     (a)  An insurance company, group of insurance companies, or other
 8-7     persons who may have state premium tax liability or the affiliates
 8-8     of the insurance companies or other persons may not, directly or
 8-9     indirectly:
8-10                 (1)  manage a certified capital company;
8-11                 (2)  beneficially own, whether through rights, options,
8-12     convertible interests, or otherwise, more than 10 percent of the
8-13     outstanding voting securities of a certified capital company; or
8-14                 (3)  control the direction of investments for a
8-15     certified capital company.
8-16           (b)  Not more than one affiliate of the certified investors
8-17     in any certified capital company may provide a guaranty, indemnity,
8-18     bond, insurance policy, or other payment undertaking in favor of
8-19     all of the certified investors of the certified capital company and
8-20     its affiliates.
8-21           (c)  Subsection (a) of this article applies without regard to
8-22     whether the insurance company or other person or the affiliate of
8-23     the insurance company or other person is licensed by or transacts
8-24     business in this state.
8-25           (d)  This article does not preclude a certified investor, an
8-26     insurance company, or any other party from exercising its legal
 9-1     rights and remedies, including interim management of a certified
 9-2     capital company, if authorized by law, with respect to a certified
 9-3     capital company that is in default of its statutory or contractual
 9-4     obligations to the certified investor, insurance company, or other
 9-5     party.
 9-6           Art. 4.55.  OFFERING MATERIAL USED BY CERTIFIED CAPITAL
 9-7     COMPANY.  Any offering material involving the sale of securities of
 9-8     the certified capital company must include the following statement:
 9-9           By authorizing the formation of a certified capital
9-10           company, the State of Texas does not endorse the
9-11           quality of management or the potential for earnings of
9-12           the company and is not liable for damages or losses to
9-13           a certified investor in the company.  Use of the word
9-14           "certified" in an offering does not constitute a
9-15           recommendation or endorsement of the investment by the
9-16           comptroller of public accounts.  If applicable
9-17           provisions of law are violated, the State of Texas may
9-18           require forfeiture of unused premium tax credits and
9-19           repayments of used premium tax credits.
9-20           Art. 4.56.  REQUIREMENTS FOR CONTINUANCE OF CERTIFICATION.
9-21     (a)  To continue to be certified, a certified  capital company
9-22     shall make qualified investments according to the following
9-23     schedule:
9-24                 (1)  before the third anniversary of its allocation
9-25     date, a company must have made qualified investments in an amount
9-26     cumulatively equal to at least 30 percent of its certified capital;
 10-1    and
 10-2                (2)  before the fifth anniversary of its allocation
 10-3    date, a company must have made qualified investments in an amount
 10-4    cumulatively equal to at least 50 percent of its certified capital,
 10-5    subject to Subsection (b) of this article.
 10-6          (b)  At least 50 percent of the amount of qualified
 10-7    investments required by Subsections (a)(1) and (2) of this article
 10-8    must be placed in early stage businesses.
 10-9          (c)  The aggregate cumulative amount of all qualified
10-10    investments made by the certified capital company after its
10-11    allocation date shall be considered in the computation of the
10-12    percentage requirements under this subchapter.  Any proceeds
10-13    received from a qualified investment may be invested in another
10-14    qualified investment and count toward any requirement in this
10-15    subchapter with respect to investments of certified capital.
10-16          (d)  A business that is classified as a qualified business at
10-17    the time of the first investment in the business by a certified
10-18    capital company remains classified as a qualified business and may
10-19    receive follow-on investments from any certified capital company.
10-20    Except as provided by this subsection, a follow-on investment made
10-21    under this subsection is a qualified investment even though the
10-22    business may not meet the definition of a qualified business at the
10-23    time of the follow-on investment.  A follow-on investment does not
10-24    qualify as a qualified investment if, at the time of the follow-on
10-25    investment, the qualified business no longer has its principal
10-26    business operations in this state.
 11-1          (e)  A qualified investment may not be made at a cost to a
 11-2    certified capital company greater than 15 percent of the total
 11-3    certified capital of the company at the time of investment.
 11-4          (f)  If, before the 90th day after the date that a certified
 11-5    capital company makes an investment in a qualified business, the
 11-6    qualified business moves its principal business operations from
 11-7    this state, the investment may not be considered a qualified
 11-8    investment for purposes of the percentage requirements under this
 11-9    subchapter.
11-10          (g)  A certified capital company shall invest any certified
11-11    capital not invested in qualified investments only in the
11-12    following:
11-13                (1)  cash deposited with a federally insured financial
11-14    institution;
11-15                (2)  certificates of deposit in a federally insured
11-16    financial institution;
11-17                (3)  investment securities that are obligations of the
11-18    United States or its agencies or instrumentalities or obligations
11-19    that are guaranteed fully as to principal and interest by the
11-20    United States;
11-21                (4)  debt instruments rated at least "A" or its
11-22    equivalent by a nationally recognized credit rating organization,
11-23    or issued by, or guaranteed with respect to payment by, an entity
11-24    whose unsecured indebtedness is rated at least "A" or its
11-25    equivalent by a nationally recognized credit rating organization,
11-26    and which indebtedness is not subordinated to other unsecured
 12-1    indebtedness of the issuer or the guarantor;
 12-2                (5)  obligations of this state or any municipality or
 12-3    political subdivision of this state; or
 12-4                (6)  any other investments approved in advance and in
 12-5    writing by the comptroller.
 12-6          Art. 4.57.  EVALUATION OF BUSINESS BY COMPTROLLER.  (a)  A
 12-7    certified capital company may, before making an investment in a
 12-8    business, request from the comptroller a written opinion as to
 12-9    whether the business in which it proposes to invest is a qualified
12-10    business or an early stage business.
12-11          (b)  The comptroller shall, not later than the 15th business
12-12    day after the date of the receipt of a request under Subsection (a)
12-13    of this article, determine whether the business meets the
12-14    definition of a qualified business or an early stage business, as
12-15    applicable, and  notify the certified capital company of the
12-16    determination and an explanation of its determination or notify the
12-17    certified capital company that an additional 15 days will be needed
12-18    to review and make the determination.
12-19          (c)  If the comptroller fails to notify the certified capital
12-20    company with respect to the proposed investment within the period
12-21    specified by Subsection (b) of this article, the business in which
12-22    the company proposes to invest is considered to be a qualified
12-23    business or early stage business, as appropriate.
12-24          Art. 4.58.  REPORTS TO COMPTROLLER; AUDITED FINANCIAL
12-25    STATEMENT.  (a)  Each certified capital company shall report to the
12-26    comptroller as soon as practicable after the receipt of certified
 13-1    capital:
 13-2                (1)  the name of each certified investor from whom the
 13-3    certified capital was received, including the certified investor's
 13-4    insurance premium tax identification number;
 13-5                (2)  the amount of each certified investor's investment
 13-6    of certified capital and premium tax credits; and
 13-7                (3)  the date on which the certified capital was
 13-8    received.
 13-9          (b)  Not later than January 31 of each year, each certified
13-10    capital company shall report to the comptroller:
13-11                (1)  the amount of the company's certified capital at
13-12    the end of the preceding year;
13-13                (2)  whether or not the company has invested more than
13-14    15 percent of its total certified capital in any one business;
13-15                (3)  each qualified investment that the company made
13-16    during the preceding year and, with respect to each qualified
13-17    investment, the number of employees of the qualified business at
13-18    the time the qualified investment was made; and
13-19                (4)  any other information required by the comptroller,
13-20    including any information required by the comptroller to comply
13-21    with Article 4.74 of this code.
13-22          (c)  Not later than April 1 of each year, the company shall
13-23    provide to the comptroller an annual audited financial statement
13-24    that includes the opinion of an independent certified public
13-25    accountant.  The audit shall address the methods of operation and
13-26    conduct of the business of the company to determine whether:
 14-1                (1)  the company is complying with this subchapter and
 14-2    the rules adopted under this subchapter;
 14-3                (2)  the funds received by the company have been
 14-4    invested as required within the time provided by Article 4.56(a) of
 14-5    this code; and
 14-6                (3)  the company has invested the funds in qualified
 14-7    businesses.
 14-8          Art. 4.59.  RENEWAL.  (a)  Not later than January 31 of each
 14-9    year, each certified capital company shall pay a nonrefundable
14-10    renewal fee of $5,000 to the comptroller.  If a certified capital
14-11    company fails to pay its renewal fee on or before that date, the
14-12    company must pay, in addition to the renewal fee, a late fee of
14-13    $5,000 to continue its certification.
14-14          (b)  Notwithstanding Subsection (a) of this article, a
14-15    renewal fee is not required within six months of the date on which
14-16    the company's certification is issued under Article 4.53 of this
14-17    code.
14-18          Art. 4.60.  DISTRIBUTIONS; REPAYMENT OF DEBT.  (a)  A
14-19    certified capital company may make a qualified distribution at any
14-20    time.  To make a distribution or payment, other than a qualified
14-21    distribution, a company must have made qualified investments in an
14-22    amount cumulatively equal to 100 percent of its certified capital.
14-23          (b)  Notwithstanding Subsection (a) of this article, a
14-24    company may make repayments of principal and interest on its
14-25    indebtedness without any restriction, including repayments of
14-26    indebtedness of the company on which certified investors earned
 15-1    premium tax credits.
 15-2          Art. 4.61.  ANNUAL REVIEW; DECERTIFICATION.  (a)  The
 15-3    comptroller shall conduct an annual review of each certified
 15-4    capital company to:
 15-5                (1)  ensure that the company continues to satisfy the
 15-6    requirements of this subchapter and that the company has not made
 15-7    any investment in violation of this subchapter; and
 15-8                (2)  determine the eligibility status of its qualified
 15-9    investments.
15-10          (b)  The cost of the annual review shall be paid by each
15-11    certified capital company according to a reasonable fee schedule
15-12    adopted by the comptroller.
15-13          (c)  A material violation of Article 4.56, 4.58, or 4.59 of
15-14    this code is grounds for decertification of the certified capital
15-15    company.  If the comptroller determines that a company is not in
15-16    compliance with Article 4.56, 4.58, or 4.59 of this code, the
15-17    comptroller shall notify the officers of the company in  writing
15-18    that the company may be subject to decertification after the 120th
15-19    day after the date of mailing of the notice, unless the
15-20    deficiencies are corrected and the company returns to compliance
15-21    with those articles.
15-22          (d)  The comptroller may decertify a certified capital
15-23    company, after opportunity for hearing, if the comptroller finds
15-24    that the company is not in compliance with Article 4.56, 4.58, or
15-25    4.59 of this code at the end of the period established by
15-26    Subsection (c) of this article.  Decertification under this
 16-1    subsection is effective on receipt of notice of decertification by
 16-2    the company.  The comptroller shall notify any appropriate state
 16-3    agency of the decertification.
 16-4          Art. 4.62.  ADMINISTRATIVE PENALTY.  (a)  The comptroller may
 16-5    impose an administrative penalty on a certified capital company
 16-6    that violates this subchapter.
 16-7          (b)  The amount of the penalty may not exceed $25,000, and
 16-8    each day a violation continues or occurs is a separate violation
 16-9    for the purpose of imposing a penalty.  The amount of the penalty
16-10    shall be based on:
16-11                (1)  the seriousness of the violation, including the
16-12    nature, circumstances, extent, and gravity of the violation;
16-13                (2)  the economic harm caused by the violation;
16-14                (3)  the history of previous violations;
16-15                (4)  the amount necessary to deter a future violation;
16-16                (5)  efforts to correct the violation; and
16-17                (6)  any other matter that justice may require.
16-18          (c)  Certified capital companies assessed penalties under
16-19    this subchapter may request a redetermination as provided in
16-20    Chapter 111, Tax Code.
16-21          (d)  The attorney general may sue to collect the penalty.
16-22          (e)  A proceeding to impose the penalty is considered to be a
16-23    contested case under Chapter 2001, Government Code.
16-24          Art. 4.63.  RECAPTURE AND FORFEITURE OF PREMIUM TAX CREDITS:
16-25    DECERTIFICATION OF COMPANY.  (a)  Decertification of a certified
16-26    capital company may cause the recapture of premium tax credits
 17-1    previously claimed and the forfeiture of future premium tax credits
 17-2    to be claimed by certified investors with respect to the company,
 17-3    as follows:
 17-4                (1)  decertification of a company on or before the
 17-5    third anniversary of its allocation date causes the recapture of
 17-6    any premium tax credit previously claimed and the forfeiture of any
 17-7    future premium tax credit to be claimed by a certified investor
 17-8    with respect to the company;
 17-9                (2)  for a company that meets the requirements for
17-10    continued certification under Article 4.56(a)(1) of this code and
17-11    subsequently fails to meet the requirements for continued
17-12    certification under Article 4.56(a)(2) of this code, any premium
17-13    tax credit that has been or will be taken by a certified investor
17-14    on or before the third anniversary of the allocation date is not
17-15    subject to recapture or forfeiture, but any premium tax credit that
17-16    has been or will be taken by a certified investor after the third
17-17    anniversary of the allocation date of the company is subject to
17-18    recapture or forfeiture;
17-19                (3)  for a company that has met the requirements for
17-20    continued certification under Articles 4.56(a)(1) and (2) of this
17-21    code and is subsequently decertified, any premium tax credit that
17-22    has been or will be taken by a certified investor on or before the
17-23    fifth anniversary of the allocation date is not subject to
17-24    recapture or forfeiture, but any premium tax credit to be taken
17-25    after the fifth anniversary of the allocation date is subject to
17-26    forfeiture only if the company is decertified on or before the
 18-1    fifth anniversary of its allocation date; and
 18-2                (4)  for a company that has invested an amount
 18-3    cumulatively equal to 100 percent of its certified capital in
 18-4    qualified investments, any premium tax credit claimed or to be
 18-5    claimed by a certified investor is not subject to recapture or
 18-6    forfeiture under this article.
 18-7          (b)  The comptroller shall send written notice to the address
 18-8    of each certified investor whose premium tax credit is subject to
 18-9    recapture or forfeiture, using the address shown on the last
18-10    premium tax filing.
18-11          Art. 4.64.  PENALTY IF QUALIFIED BUSINESS LEAVES STATE.  In
18-12    the event that a business in which a qualified investment is made
18-13    relocates its principal business operations to another state during
18-14    the term of the certified capital company's investment in such
18-15    business, the cumulative amount of qualified investments made by
18-16    the certified capital company for purposes of satisfying the
18-17    requirements set forth in Article 4.60(a) of this code shall be
18-18    reduced by the amount of the certified capital company's investment
18-19    in the business that has relocated, unless the business
18-20    demonstrates that it has returned its principal business operations
18-21    to this state within three months of such relocation.
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 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.
19-20          Art. 4.67.  PREMIUM TAX CREDIT ALLOCATION CLAIM FORM.  (a)  A
19-21    premium tax credit allocation claim must be prepared and executed
19-22    by a certified investor on a form provided by the comptroller.  The
19-23    certified capital company must file the claim with the comptroller
19-24    not later than February 15, 2002.  The premium tax credit
19-25    allocation claim form must include an affidavit of the certified
19-26    investor under which the certified investor becomes legally bound
 20-1    and irrevocably committed to make an investment of certified
 20-2    capital in a certified capital company in the amount allocated even
 20-3    if the amount allocated is less than the amount of the claim,
 20-4    subject only to the receipt of an allocation under Article 4.69 of
 20-5    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 $200 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 $20 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)  If the
20-24    total premium tax credits claimed by all certified investors
20-25    exceeds the total limits on premium tax credits established by
20-26    Article 4.68(a) of this code, the comptroller shall allocate the
 21-1    total amount of premium tax credits allowed under this subchapter
 21-2    to certified investors in certified capital companies on a pro rata
 21-3    basis in accordance with this article.
 21-4          (b)  The pro rata allocation for each certified investor
 21-5    shall be the product of:
 21-6                (1)  a fraction, the numerator of which is the amount
 21-7    of the premium tax credit allocation claim filed on behalf of the
 21-8    investor and the denominator of which is the total amount of all
 21-9    premium tax credit allocation claims filed on behalf of all
21-10    certified investors; and
21-11                (2)  the total amount of certified capital for which
21-12    premium tax credits may be allowed under this subchapter.
21-13          (c)  Not later than March 1, 2002, the comptroller shall
21-14    notify each certified capital company of the amount of tax credits
21-15    allocated to each certified investor.  Each certified capital
21-16    company shall notify each certified investor of their premium tax
21-17    credit allocation.
21-18          (d)  If a certified capital company does not receive an
21-19    investment of certified capital equaling the amount of premium tax
21-20    credits allocated to a certified investor for which it filed a
21-21    premium tax credit allocation claim before the end of the 10th
21-22    business day after the date of receipt of notice of allocation, the
21-23    company shall notify the comptroller by overnight common carrier
21-24    delivery service and that portion of capital allocated to the
21-25    certified investor shall be forfeited.  The comptroller shall
21-26    reallocate the forfeited capital among the certified investors in
 22-1    the other certified capital companies that originally received an
 22-2    allocation so that the result after reallocation is the same as if
 22-3    the initial allocation under this article had been performed
 22-4    without considering the premium tax credit allocation claims that
 22-5    were subsequently forfeited.
 22-6          (e)  The maximum amount of certified capital for which
 22-7    premium tax credit allocation claims may be filed on behalf of any
 22-8    one certified investor and its affiliates, whether by one or more
 22-9    certified capital companies, may not exceed the greater of:
22-10                (1)  $10 million; or
22-11                (2)  15 percent of the maximum aggregate amount
22-12    available under Article 4.68(a) of this code.
22-13          Art. 4.70.  TREATMENT OF CREDITS AND CAPITAL.  In any case
22-14    under this code or another insurance law of this state in which the
22-15    assets of a certified investor are examined or considered, the
22-16    certified capital may be treated as an admitted asset, subject to
22-17    the applicable statutory valuation procedures.
22-18          Art. 4.71.  IMPACT OF TAX CREDITS CLAIMED BY A CERTIFIED
22-19    INVESTOR ON INSURANCE RATES.  A certified investor is not required
22-20    to reduce the amount of premium tax included by the investor in
22-21    connection with ratemaking for any insurance contract written in
22-22    this state because of a reduction in the investor's Texas premium
22-23    tax derived from the credit granted under this subchapter.
22-24          Art. 4.72.  TRANSFERABILITY OF CREDIT.  (a)  The comptroller
22-25    shall adopt rules to facilitate the transfer or assignment of
22-26    premium tax credits by certified investors.  A certified investor
 23-1    may transfer or assign premium tax credits only in compliance with
 23-2    the rules adopted under this subsection.
 23-3          (b)  The transfer or assignment of a premium tax credit does
 23-4    not affect the schedule for taking the premium tax credit under
 23-5    this subchapter.
 23-6          Art. 4.73.  PROMOTION.  The Texas Department of Economic
 23-7    Development shall promote the program established under this
 23-8    subchapter in the Texas Business and Community Economic Development
 23-9    Clearinghouse.
23-10          Art. 4.74.  REPORT TO LEGISLATURE.  (a)  The comptroller
23-11    shall prepare a biennial report with respect to results of the
23-12    implementation of this subchapter.  The report must include:
23-13                (1)  the number of certified capital companies holding
23-14    certified capital;
23-15                (2)  the amount of certified capital invested in each
23-16    certified capital company;
23-17                (3)  the amount of certified capital the certified
23-18    capital company has invested in qualified businesses as of January
23-19    1, 2004, and the cumulative total for each subsequent year;
23-20                (4)  the total amount of tax credits granted under this
23-21    subchapter for each year that credits have been granted;
23-22                (5)  the performance of each certified capital company
23-23    with respect to renewal and reporting requirements imposed under
23-24    this subchapter;
23-25                (6)  with respect to the qualified businesses in which
23-26    certified capital companies have invested:
 24-1                      (A)  the classification of the qualified
 24-2    businesses according to the industrial sector and the size of the
 24-3    business;
 24-4                      (B)  the total number of jobs created by the
 24-5    investment and the average wages paid for the jobs; and
 24-6                      (C)  the total number of jobs retained as a
 24-7    result of the investment and the average wages paid for the jobs;
 24-8    and
 24-9                (7)  the certified capital companies that have been
24-10    decertified or that have failed to renew the certification and the
24-11    reason for any decertification.
24-12          (b)  The comptroller shall file the report with the governor,
24-13    the lieutenant governor, and the speaker of the house of
24-14    representatives not later than December 15 of each even-numbered
24-15    year.
24-16          Art. 4.75.  IMPLEMENTATION SUBJECT TO AVAILABLE REVENUE.
24-17    (a)  Notwithstanding any other provision of this subchapter, the
24-18    comptroller may implement this subchapter only if the comptroller
24-19    determines, on the basis of a revenue estimate made after the
24-20    adjournment sine die of the regular session of the 77th
24-21    Legislature, that revenues are anticipated in amounts sufficient to
24-22    finance all appropriations made during the regular session of the
24-23    77th Legislature, after making deductions for all reductions in
24-24    taxes, including the reduction in premium tax through premium tax
24-25    credits authorized under this subchapter.
24-26          (b)  If the comptroller determines under Subsection (a) of
 25-1    this article that revenues are anticipated to support a part, but
 25-2    less than all, of the premium  tax credits authorized under Article
 25-3    4.68 of this code, the comptroller shall:
 25-4                (1)  reduce the total amount of premium tax credits
 25-5    allowed under that article in the amount necessary to comply with
 25-6    Subsection (a) of this article; and
 25-7                (2)  adopt rules as necessary to implement this
 25-8    subchapter after the reduction made under Subdivision (1) of this
 25-9    subsection.
25-10          (c)  Rules adopted under Subsection (b)(2) of this article
25-11    may adjust any deadline or other date established by this
25-12    subchapter as necessary to implement this subchapter as limited by
25-13    this article.
25-14          (d)  The comptroller shall notify the governor, lieutenant
25-15    governor, and speaker of the house of representatives of the
25-16    determination made under Subsection (a) of this article.
25-17          SECTION 2.  Articles 4.01 through 4.08, 4.10, 4.11, 4.11A,
25-18    4.11B, 4.11C, 4.12, and 4.17, 4.18, and 4.19, Insurance Code, are
25-19    redesignated as Subchapter A, Chapter 4, Insurance Code, and a
25-20    subchapter heading is added to read as follows:
25-21        SUBCHAPTER A.  IMPOSITION AND COLLECTION OF TAXES AND FEES
25-22          SECTION 3.   (a)  Subject to Article 4.75, Insurance Code, as
25-23    added by this Act, the comptroller of public accounts shall, not
25-24    later than the 60th day after the effective date of this Act, adopt
25-25    rules necessary to implement Subchapter B, Chapter 4, Insurance
25-26    Code, as added by this Act.  The comptroller shall begin accepting
 26-1    applications for certification as a certified capital company under
 26-2    that subchapter on November 1, 2001.
 26-3          (b)  A certified investor may not make an investment with a
 26-4    certified capital company under Subchapter B, Chapter 4, Insurance
 26-5    Code, as added by this Act, before February 15, 2002.
 26-6          SECTION 4.  This Act takes effect immediately if it receives
 26-7    a vote of two-thirds of all the members elected to each house, as
 26-8    provided by Section 39, Article III, Texas Constitution.  If this
 26-9    Act does not receive the vote necessary for immediate effect, this
26-10    Act takes effect September 1, 2001.