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 voting or management
1-17     interests of the other person, whether through rights, options,
1-18     convertible 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     voting or management interests of the other person;
1-22                       (C)  a person 10 percent or more of the
1-23     outstanding voting securities or other voting or management
1-24     interests of which 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 in this
 4-9     state, other than advertising, promotion, and sales operations
4-10     which may be conducted outside of this state; or
4-11                             (ii)  in the case of a start-up company,
4-12     establish and support business operations in this state, other than
4-13     advertising, promotion, and sales operations which may be conducted
4-14     outside of this state;
4-15                       (D)  has not more than 100 employees and:
4-16                             (i)  employs at least 80 percent of its
4-17     employees in this state; or
4-18                             (ii)  pays 80 percent of its payroll to
4-19     employees in this state;
4-20                       (E)  is primarily engaged in:
4-21                             (i)  manufacturing, processing, or
4-22     assembling products;
4-23                             (ii)  conducting research and development;
4-24     or
4-25                             (iii)  providing services; and
4-26                       (F)  is not primarily engaged in:
 5-1                             (i)  retail sales;
 5-2                             (ii)  real estate development;
 5-3                             (iii)  the business of insurance, banking,
 5-4     or lending; or
 5-5                             (iv)  the provision of professional
 5-6     services provided by accountants, attorneys, or physicians.
 5-7                 (10)  "Qualified debt instrument" means a debt
 5-8     instrument issued by a certified capital company, at par value or a
 5-9     premium, that:
5-10                       (A)  has an original maturity date of at least
5-11     five years after the date of issuance;
5-12                       (B)  has a repayment schedule that is not faster
5-13     than a level principal amortization over five years; and
5-14                       (C)  has no interest, distribution, or payment
5-15     features that are related to the profitability of the certified
5-16     capital company or the performance of the certified capital
5-17     company's investment portfolio.
5-18                 (11)  "Qualified distribution" means any distribution
5-19     or payment from certified capital by a certified capital company in
5-20     connection with:
5-21                       (A)  the reasonable costs and expenses of
5-22     forming, syndicating, managing, and operating the company, provided
5-23     that the distribution or payment is not made directly or indirectly
5-24     to a certified investor, including:
5-25                             (i)  reasonable and necessary fees paid for
5-26     professional services, including legal and accounting services,
 6-1     related to the formation and operation of the company; and
 6-2                             (ii)  an annual management fee in an amount
 6-3     that does not exceed two and one-half percent of the certified
 6-4     capital of the company; and
 6-5                       (B)  any projected increase in federal or state
 6-6     taxes, including penalties and interest related to state and
 6-7     federal income taxes, of the equity owners of the company resulting
 6-8     from the earnings or other tax liability of the company to the
 6-9     extent that the increase is related to the ownership, management,
6-10     or operation of the company.
6-11                 (12)  "Qualified investment" means the investment of
6-12     cash by a certified capital company in a qualified business for the
6-13     purchase of any debt, debt participation, equity, or hybrid
6-14     security of any nature or description, including a debt instrument
6-15     or security that has the characteristics of debt but that provides
6-16     for conversion into equity or equity participation instruments such
6-17     as options or warrants.
6-18                 (13)  "State premium tax liability" means:
6-19                       (A)  any liability incurred by any person under
6-20     Subchapter A of this chapter; or
6-21                       (B)  if the tax liability imposed under
6-22     Subchapter A of this chapter on January 1, 2001, is eliminated or
6-23     reduced, any tax liability imposed on an insurance company or other
6-24     person that had premium tax liability under Subchapter A of this
6-25     chapter on that date.
6-26                 (14)  "Strategic investment area" means an area of this
 7-1     state that qualifies as a strategic investment area under
 7-2     Subchapter O, Chapter 171, Tax Code, or, after the expiration of
 7-3     that subchapter, an area that qualified as a strategic investment
 7-4     area under that subchapter immediately before its expiration.
 7-5                 (15)  "Strategic investment business" means a qualified
 7-6     business that has its principal business operations located in one
 7-7     or more strategic investment areas and intends to maintain business
 7-8     operations in the strategic investment areas after receipt of the
 7-9     investment by the certified capital company.
7-10           Art. 4.52.  DUTIES OF COMPTROLLER; RULES.  The comptroller
7-11     shall administer this subchapter and may adopt rules and forms as
7-12     necessary to implement this subchapter.
7-13           Art. 4.53.  CERTIFICATION.  (a)  The comptroller by rule
7-14     shall establish the application procedures for certified capital
7-15     companies.
7-16           (b)  An applicant must file an application in the form
7-17     prescribed by the comptroller accompanied by a nonrefundable
7-18     application fee of $7,500.  The application must include an audited
7-19     balance sheet of the applicant, with an unqualified opinion from an
7-20     independent certified public accountant, as of a date not more than
7-21     35 days before the date of the application.
7-22           (c)  To qualify as a certified capital company:
7-23                 (1)  the applicant must have, at the time of
7-24     application for certification, an equity  capitalization of at
7-25     least $500,000 in the form of unencumbered cash or cash
7-26     equivalents;
 8-1                 (2)  at least two principals or persons employed to
 8-2     manage the funds of the applicant must have at least four years of
 8-3     experience in the venture capital industry; and
 8-4                 (3)  the applicant must satisfy any additional
 8-5     requirement imposed by the comptroller by rule.
 8-6           (d)  The comptroller shall review the application,
 8-7     organizational documents, and business history of each applicant
 8-8     and shall ensure that the applicant satisfies the requirements of
 8-9     this subchapter.
8-10           (e)  Not later than the 30th day after the date an
8-11     application is filed, the comptroller shall:
8-12                 (1)  issue the certification; or
8-13                 (2)  refuse to issue the certification and communicate
8-14     in detail to the applicant the grounds for the refusal, including
8-15     suggestions for the removal of those grounds.
8-16           Art. 4.54.  MANAGEMENT BY CERTAIN ENTITIES PROHIBITED.
8-17     (a)  An insurance company, group of insurance companies, or other
8-18     persons who may have state premium tax liability or the affiliates
8-19     of the insurance companies or other persons may not, directly or
8-20     indirectly:
8-21                 (1)  manage a certified capital company;
8-22                 (2)  beneficially own, whether through rights, options,
8-23     convertible interests, or otherwise, more than 10 percent of the
8-24     outstanding voting securities of a certified capital company; or
8-25                 (3)  control the direction of investments for a
8-26     certified capital company.
 9-1           (b)  Subsection (a) of this article applies without regard to
 9-2     whether the insurance company or other person or the affiliate of
 9-3     the insurance company or other person is licensed by or transacts
 9-4     business in this state.
 9-5           (c)  This article does not preclude a certified investor,
 9-6     insurance company, or any other party from exercising its legal
 9-7     rights and remedies, including interim management of a certified
 9-8     capital company, if authorized by law, with respect to a certified
 9-9     capital company that is in default of its statutory or contractual
9-10     obligations to the certified investor, insurance company, or other
9-11     party.
9-12           Art. 4.55.  OFFERING MATERIAL USED BY CERTIFIED CAPITAL
9-13     COMPANY.  Any offering material involving the sale of securities of
9-14     the certified capital company must include the following statement:
9-15           By authorizing the formation of a certified capital
9-16           company, the State of Texas does not endorse the
9-17           quality of management or the potential for earnings of
9-18           the company and is not liable for damages or losses to
9-19           a certified investor in the company.  Use of the word
9-20           "certified" in an offering does not constitute a
9-21           recommendation or endorsement of the investment by the
9-22           comptroller of public accounts.  If applicable
9-23           provisions of law are violated, the State of Texas may
9-24           require forfeiture of unused premium tax credits and
9-25           repayments of used premium tax credits.
9-26           Art. 4.56.  REQUIREMENTS FOR CONTINUANCE OF CERTIFICATION.
 10-1    (a)  To continue to be certified, a certified  capital company
 10-2    shall make qualified investments according to the following
 10-3    schedule:
 10-4                (1)  before the third anniversary of its allocation
 10-5    date, a company must have made qualified investments in an amount
 10-6    cumulatively equal to at least 30 percent of its certified capital;
 10-7    and
 10-8                (2)  before the fifth anniversary of its allocation
 10-9    date, a company must have made qualified investments in an amount
10-10    cumulatively equal to at least 50 percent of its certified capital,
10-11    subject to Subsection (b) of this article.
10-12          (b)  At least 50 percent of the amount of qualified
10-13    investments required by Subsection (a)(2) of this article must be
10-14    placed in early stage businesses.  At least 30 percent of the
10-15    amount of qualified investments required by Subsections (a)(1) and
10-16    (2) of this article must be placed in a strategic investment
10-17    business.
10-18          (c)  The aggregate cumulative amount of all qualified
10-19    investments made by the certified capital company after its
10-20    allocation date shall be considered in the computation of the
10-21    percentage requirements under this subchapter.  Any proceeds
10-22    received from a qualified investment may be invested in another
10-23    qualified investment and count toward any requirement in this
10-24    subchapter with respect to investments of certified capital.
10-25          (d)  Nothing in this subchapter shall limit an insurance
10-26    company's ownership of nonvoting equity interests in a certified
 11-1    capital company.
 11-2          (e)  A business that is classified as a qualified business at
 11-3    the time of the first investment in the business by a certified
 11-4    capital company remains classified as a qualified business and may
 11-5    receive follow-on investments from any certified capital company.
 11-6    Except as provided by this subsection, a follow-on investment made
 11-7    under this subsection is a qualified investment even though the
 11-8    business may not meet the definition of a qualified business at the
 11-9    time of the follow-on investment.  A follow-on investment does not
11-10    qualify as a qualified investment if, at the time of the follow-on
11-11    investment, the qualified business no longer has its principal
11-12    business operations in this state.
11-13          (f)  A qualified investment may not be made at a cost to a
11-14    certified capital company greater than 15 percent of the total
11-15    certified capital of the company at the time of investment.
11-16          (g)  If, before the 90th day after the date that a certified
11-17    capital company makes an investment in a qualified business, the
11-18    qualified business moves its principal business operations from
11-19    this state, the investment may not be considered a qualified
11-20    investment for purposes of the percentage requirements under this
11-21    subchapter.
11-22          (h)  A certified capital company shall invest any certified
11-23    capital not invested in qualified investments only in the
11-24    following:
11-25                (1)  cash deposited with a federally insured financial
11-26    institution;
 12-1                (2)  certificates of deposit in a federally insured
 12-2    financial institution;
 12-3                (3)  investment securities that are obligations of the
 12-4    United States or its agencies or instrumentalities or obligations
 12-5    that are guaranteed fully as to principal and interest by the
 12-6    United States;
 12-7                (4)  debt instruments rated at least "A" or its
 12-8    equivalent by a nationally recognized credit rating organization,
 12-9    or issued by, or guaranteed with respect to payment by, an entity
12-10    whose unsecured indebtedness is rated at least "A" or its
12-11    equivalent by a nationally recognized credit rating organization,
12-12    and which indebtedness is not subordinated to other unsecured
12-13    indebtedness of the issuer or the guarantor;
12-14                (5)  obligations of this state or any municipality or
12-15    political subdivision of this state; or
12-16                (6)  any other investments approved in advance and in
12-17    writing by the comptroller.
12-18          Art. 4.57.  EVALUATION OF BUSINESS BY COMPTROLLER.  (a)  A
12-19    certified capital company may, before making an investment in a
12-20    business, request from the comptroller a written opinion as to
12-21    whether the business in which it proposes to invest is a qualified
12-22    business, an early stage business, or a strategic investment
12-23    business.
12-24          (b)  The comptroller shall, not later than the 15th business
12-25    day after the date of the receipt of a request under Subsection (a)
12-26    of this article, determine whether the business meets the
 13-1    definition of a qualified business, an early stage business, or a
 13-2    strategic investment business, as applicable, and notify the
 13-3    certified capital company of the determination and an explanation
 13-4    of its determination or notify the certified capital company that
 13-5    an additional 15 days will be needed to review and make the
 13-6    determination.
 13-7          (c)  If the comptroller fails to notify the certified capital
 13-8    company with respect to the proposed investment within the period
 13-9    specified by Subsection (b) of this article, the business in which
13-10    the company proposes to invest is considered to be a qualified
13-11    business, early stage business, or a strategic investment business,
13-12    as appropriate.
13-13          Art. 4.58.  REPORTS TO COMPTROLLER; AUDITED FINANCIAL
13-14    STATEMENT.  (a)  Each certified capital company shall report to the
13-15    comptroller as soon as practicable after the receipt of certified
13-16    capital:
13-17                (1)  the name of each certified investor from whom the
13-18    certified capital was received, including the certified investor's
13-19    insurance premium tax identification number;
13-20                (2)  the amount of each certified investor's investment
13-21    of certified capital and premium tax credits; and
13-22                (3)  the date on which the certified capital was
13-23    received.
13-24          (b)  Not later than January 31 of each year, each certified
13-25    capital company shall report to the comptroller:
13-26                (1)  the amount of the company's certified capital at
 14-1    the end of the preceding year;
 14-2                (2)  whether or not the company has invested more than
 14-3    15 percent of its total certified capital in any one business;
 14-4                (3)  each qualified investment that the company made
 14-5    during the preceding year and, with respect to each qualified
 14-6    investment, the number of employees of the qualified business at
 14-7    the time the qualified investment was made; and
 14-8                (4)  any other information required by the comptroller,
 14-9    including any information required by the comptroller to comply
14-10    with Article 4.73 of this code.
14-11          (c)  Not later than April 1 of each year, the company shall
14-12    provide to the comptroller an annual audited financial statement
14-13    that includes the opinion of an independent certified public
14-14    accountant.  The audit shall address the methods of operation and
14-15    conduct of the business of the company to determine whether:
14-16                (1)  the company is complying with this subchapter and
14-17    the rules adopted under this subchapter;
14-18                (2)  the funds received by the company have been
14-19    invested as required within the time provided by Article 4.56(a) of
14-20    this code; and
14-21                (3)  the company has invested the funds in qualified
14-22    businesses.
14-23          Art. 4.59.  RENEWAL.  (a)  Not later than January 31 of each
14-24    year, each certified capital company shall pay a nonrefundable
14-25    renewal fee of $5,000 to the comptroller.  If a certified capital
14-26    company fails to pay its renewal fee on or before that date, the
 15-1    company must pay, in addition to the renewal fee, a late fee of
 15-2    $5,000 to continue its certification.
 15-3          (b)  Notwithstanding Subsection (a) of this article, a
 15-4    renewal fee is not required within six months of the date on which
 15-5    the company's certification is issued under Article 4.53 of this
 15-6    code.
 15-7          Art. 4.60.  DISTRIBUTIONS; REPAYMENT OF DEBT.  (a)  A
 15-8    certified capital company may make a qualified distribution at any
 15-9    time.  To make a distribution or payment, other than a qualified
15-10    distribution, a company must have made qualified investments in an
15-11    amount cumulatively equal to 100 percent of its certified capital.
15-12          (b)  Notwithstanding Subsection (a) of this article, a
15-13    company may make repayments of principal and interest on its
15-14    indebtedness without any restriction, including repayments of
15-15    indebtedness of the company on which certified investors earned
15-16    premium tax credits.
15-17          (c)  If a business in which a qualified investment is made
15-18    relocates its principal business operations to another state during
15-19    the term of the certified capital company's investment in the
15-20    business, the cumulative amount of qualified investments made by
15-21    the certified capital company for purposes of satisfying the
15-22    requirements of Subsection (a) of this article only is reduced by
15-23    the amount of the certified capital company's qualified investments
15-24    in the business that has relocated.  This subsection does not apply
15-25    if the business demonstrates that it has returned its principal
15-26    business operations to this state not later than the 90th day after
 16-1    the date of its relocation.
 16-2          Art. 4.61.  ANNUAL REVIEW; DECERTIFICATION.  (a)  The
 16-3    comptroller shall conduct an annual review of each certified
 16-4    capital company to:
 16-5                (1)  ensure that the company continues to satisfy the
 16-6    requirements of this subchapter and that the company has not made
 16-7    any investment in violation of this subchapter; and
 16-8                (2)  determine the eligibility status of its qualified
 16-9    investments.
16-10          (b)  The cost of the annual review shall be paid by each
16-11    certified capital company according to a reasonable fee schedule
16-12    adopted by the comptroller.
16-13          (c)  A material violation of Article 4.56, 4.58, or 4.59 of
16-14    this code is grounds for decertification of the certified capital
16-15    company.  If the comptroller determines that a company is not in
16-16    compliance with Article 4.56, 4.58, or 4.59 of this code, the
16-17    comptroller shall notify the officers of the company in  writing
16-18    that the company may be subject to decertification after the 120th
16-19    day after the date of mailing of the notice, unless the
16-20    deficiencies are corrected and the company returns to compliance
16-21    with those articles.
16-22          (d)  The comptroller may decertify a certified capital
16-23    company, after opportunity for hearing, if the comptroller finds
16-24    that the company is not in compliance with Article 4.56, 4.58, or
16-25    4.59 of this code at the end of the period established by
16-26    Subsection (c) of this article.  Decertification under this
 17-1    subsection is effective on receipt of notice of decertification by
 17-2    the company.  The comptroller shall notify any appropriate state
 17-3    agency of the decertification.
 17-4          Art. 4.62.  ADMINISTRATIVE PENALTY.  (a)  The comptroller may
 17-5    impose an administrative penalty on a certified capital company
 17-6    that violates this subchapter.
 17-7          (b)  The amount of the penalty may not exceed $25,000, and
 17-8    each day a violation continues or occurs is a separate violation
 17-9    for the purpose of imposing a penalty.  The amount of the penalty
17-10    shall be based on:
17-11                (1)  the seriousness of the violation, including the
17-12    nature, circumstances, extent, and gravity of the violation;
17-13                (2)  the economic harm caused by the violation;
17-14                (3)  the history of previous violations;
17-15                (4)  the amount necessary to deter a future violation;
17-16                (5)  efforts to correct the violation; and
17-17                (6)  any other matter that justice may require.
17-18          (c)  Certified capital companies assessed penalties under
17-19    this subchapter may request a redetermination as provided in
17-20    Chapter 111, Tax Code.
17-21          (d)  The attorney general may sue to collect the penalty.
17-22          (e)  A proceeding to impose the penalty is considered to be a
17-23    contested case under Chapter 2001, Government Code.
17-24          Art. 4.63.  RECAPTURE AND FORFEITURE OF PREMIUM TAX CREDITS:
17-25    DECERTIFICATION OF COMPANY.  (a)  Decertification of a certified
17-26    capital company may cause the recapture of premium tax credits
 18-1    previously claimed and the forfeiture of future premium tax credits
 18-2    to be claimed by certified investors with respect to the company,
 18-3    as follows:
 18-4                (1)  decertification of a company on or before the
 18-5    third anniversary of its allocation date causes the recapture of
 18-6    any premium tax credit previously claimed and the forfeiture of any
 18-7    future premium tax credit to be claimed by a certified investor
 18-8    with respect to the company;
 18-9                (2)  for a company that meets the requirements for
18-10    continued certification under Article 4.56(a)(1) of this code and
18-11    subsequently fails to meet the requirements for continued
18-12    certification under Article 4.56(a)(2) of this code, any premium
18-13    tax credit that has been or will be taken by a certified investor
18-14    on or before the third anniversary of the allocation date is not
18-15    subject to recapture or forfeiture, but any premium tax credit that
18-16    has been or will be taken by a certified investor after the third
18-17    anniversary of the allocation date of the company is subject to
18-18    recapture or forfeiture;
18-19                (3)  for a company that has met the requirements for
18-20    continued certification under Articles 4.56(a)(1) and (2) of this
18-21    code and is subsequently decertified, any premium tax credit that
18-22    has been or will be taken by a certified investor on or before the
18-23    fifth anniversary of the allocation date is not subject to
18-24    recapture or forfeiture, but any premium tax credit to be taken
18-25    after the fifth anniversary of the allocation date is subject to
18-26    forfeiture only if the company is decertified on or before the
 19-1    fifth anniversary of its allocation date; and
 19-2                (4)  for a company that has invested an amount
 19-3    cumulatively equal to 100 percent of its certified capital in
 19-4    qualified investments, any premium tax credit claimed or to be
 19-5    claimed by a certified investor is not subject to recapture or
 19-6    forfeiture under this article.
 19-7          (b)  The comptroller shall send written notice to the address
 19-8    of each certified investor whose premium tax credit is subject to
 19-9    recapture or forfeiture, using the address shown on the last
19-10    premium tax filing.
19-11          Art. 4.64.  INDEMNITY AGREEMENTS AND INSURANCE AUTHORIZED.  A
19-12    certified capital company may agree to indemnify, or purchase
19-13    insurance for the benefit of, a certified investor for losses
19-14    resulting from the recapture or forfeiture of premium tax credits
19-15    under Article 4.63 of this code.  Any guaranty, indemnity, bond,
19-16    insurance policy, or other payment undertaking made under this
19-17    article may not be provided by more than one certified investor of
19-18    the certified capital company or affiliate of the certified
19-19    investor.
19-20          Art. 4.65.  PREMIUM TAX CREDIT.  (a)  A certified investor
19-21    who makes an investment of certified capital shall in the year of
19-22    investment earn a vested credit against state premium tax liability
19-23    equal to 100 percent of the certified investor's investment of
19-24    certified capital, subject to the limits imposed by this
19-25    subchapter.  A certified investor may take up to 10 percent of the
19-26    vested premium tax credit in any taxable year of the certified
 20-1    investor.
 20-2          (b)  The credit to be applied against state premium tax
 20-3    liability in any one year may not exceed the state premium tax
 20-4    liability of the certified investor for the taxable year.  Any
 20-5    unused credit against state premium tax liability may be carried
 20-6    forward indefinitely until the premium tax credits are used.
 20-7          (c)  A certified investor claiming a credit against state
 20-8    premium tax liability earned through an investment in a company is
 20-9    not required to pay any additional retaliatory tax levied under
20-10    Article 21.46 of this code as a result of claiming that credit.  An
20-11    investment made under this subchapter is a "Texas investment" for
20-12    purposes of Subchapter A of this chapter.
20-13          Art. 4.66.  PREMIUM TAX CREDIT ALLOCATION CLAIM FORM.  (a)  A
20-14    premium tax credit allocation claim must be prepared and executed
20-15    by a certified investor on a form provided by the comptroller.  The
20-16    certified capital company must file the claim with the comptroller
20-17    not later than February 15, 2002.  The premium tax credit
20-18    allocation claim form must include an affidavit of the certified
20-19    investor under which the certified investor becomes legally bound
20-20    and irrevocably committed to make an investment of certified
20-21    capital in a certified capital company in the amount allocated even
20-22    if the amount allocated is less than the amount of the claim,
20-23    subject only to the receipt of an allocation under Article 4.68 of
20-24    this code.
20-25          (b)  A certified investor may not claim a premium tax credit
20-26    under Article 4.65 of this code for an investment that has not been
 21-1    funded, even if the certified investor has committed to fund the
 21-2    investment.
 21-3          Art. 4.67.  TOTAL LIMIT ON CREDITS.  (a)  The total amount of
 21-4    certified capital for which premium tax credits may be allowed
 21-5    under this subchapter for all years in which premium tax credits
 21-6    are allowed is $200 million.
 21-7          (b)  The total amount of certified capital for which premium
 21-8    tax credits may be allowed for all certified investors under this
 21-9    subchapter may not exceed the amount that would entitle all
21-10    certified investors in certified capital companies to take total
21-11    credits of $20 million in a year.
21-12          (c)  A certified capital company and its affiliates may not
21-13    file premium tax credit allocation claims in excess of the maximum
21-14    amount of certified capital for which premium tax credits may be
21-15    allowed as provided in this article.
21-16          Art. 4.68.  PRO RATA ALLOCATION OF CREDITS.  (a)  If the
21-17    total premium tax credits claimed by all certified investors
21-18    exceeds the total limits on premium tax credits established by
21-19    Article 4.67(a) of this code, the comptroller shall allocate the
21-20    total amount of premium tax credits allowed under this subchapter
21-21    to certified investors in certified capital companies on a pro rata
21-22    basis in accordance with this article.
21-23          (b)  The pro rata allocation for each certified investor
21-24    shall be the product of:
21-25                (1)  a fraction, the numerator of which is the amount
21-26    of the premium tax credit allocation claim filed on behalf of the
 22-1    investor and the denominator of which is the total amount of all
 22-2    premium tax credit allocation claims filed on behalf of all
 22-3    certified investors; and
 22-4                (2)  the total amount of certified capital for which
 22-5    premium tax credits may be allowed under this subchapter.
 22-6          (c)  Not later than March 1, 2002, the comptroller shall
 22-7    notify each certified capital company of the amount of tax credits
 22-8    allocated to each certified investor.  Each certified capital
 22-9    company shall notify each certified investor of their premium tax
22-10    credit allocation.
22-11          (d)  If a certified capital company does not receive an
22-12    investment of certified capital equaling the amount of premium tax
22-13    credits allocated to a certified investor for which it filed a
22-14    premium tax credit allocation claim before the end of the 10th
22-15    business day after the date of receipt of notice of allocation, the
22-16    company shall notify the comptroller by overnight common carrier
22-17    delivery service and that portion of capital allocated to the
22-18    certified investor shall be forfeited.  The comptroller shall
22-19    reallocate the forfeited capital among the certified investors in
22-20    the other certified capital companies that originally received an
22-21    allocation so that the result after reallocation is the same as if
22-22    the initial allocation under this article had been performed
22-23    without considering the premium tax credit allocation claims that
22-24    were subsequently forfeited.
22-25          (e)  The maximum amount of certified capital for which
22-26    premium tax credit allocation may be allowed on behalf of any one
 23-1    certified investor and its affiliates, whether by one or more
 23-2    certified capital companies, may not exceed the greater of:
 23-3                (1)  $10 million; or
 23-4                (2)  15 percent of the maximum aggregate amount
 23-5    available under Article 4.67(a) of this code.
 23-6          Art. 4.69.  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. 4.70.  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. 4.71.  TRANSFERABILITY OF CREDIT.  (a)  The comptroller
23-18    shall adopt rules to facilitate the transfer or assignment of
23-19    premium tax credits by certified investors.  A certified investor
23-20    may transfer or assign premium tax credits only in compliance with
23-21    the rules adopted under this subsection.
23-22          (b)  The transfer or assignment of a premium tax credit does
23-23    not affect the schedule for taking the premium tax credit under
23-24    this subchapter.
23-25          Art. 4.72.  PROMOTION.  The Texas Department of Economic
23-26    Development shall promote the program established under this
 24-1    subchapter in the Texas Business and Community Economic Development
 24-2    Clearinghouse.
 24-3          Art. 4.73.  REPORT TO LEGISLATURE.  (a)  The comptroller
 24-4    shall prepare a biennial report with respect to results of the
 24-5    implementation of this subchapter.  The report must include:
 24-6                (1)  the number of certified capital companies holding
 24-7    certified capital;
 24-8                (2)  the amount of certified capital invested in each
 24-9    certified capital company;
24-10                (3)  the amount of certified capital the certified
24-11    capital company has invested in qualified businesses as of January
24-12    1, 2004, and the cumulative total for each subsequent year;
24-13                (4)  the total amount of tax credits granted under this
24-14    subchapter for each year that credits have been granted;
24-15                (5)  the performance of each certified capital company
24-16    with respect to renewal and reporting requirements imposed under
24-17    this subchapter;
24-18                (6)  with respect to the qualified businesses in which
24-19    certified capital companies have invested:
24-20                      (A)  the classification of the qualified
24-21    businesses according to the industrial sector and the size of the
24-22    business;
24-23                      (B)  the total number of jobs created by the
24-24    investment and the average wages paid for the jobs; and
24-25                      (C)  the total number of jobs retained as a
24-26    result of the investment and the average wages paid for the jobs;
 25-1    and
 25-2                (7)  the certified capital companies that have been
 25-3    decertified or that have failed to renew the certification and the
 25-4    reason for any decertification.
 25-5          (b)  The comptroller shall file the report with the governor,
 25-6    the lieutenant governor, and the speaker of the house of
 25-7    representatives not later than December 15 of each even-numbered
 25-8    year.
 25-9          Art. 4.74.  IMPLEMENTATION SUBJECT TO AVAILABLE REVENUE.
25-10    (a)  Notwithstanding any other provision of this subchapter, the
25-11    comptroller may implement this subchapter only if the comptroller
25-12    determines, on the basis of a revenue estimate made after the
25-13    adjournment sine die of the regular session of the 77th
25-14    Legislature, that revenues are anticipated in amounts sufficient to
25-15    finance all appropriations made during the regular session of the
25-16    77th Legislature, after making deductions for all reductions in
25-17    taxes, including the reduction in premium tax through premium tax
25-18    credits authorized under this subchapter.
25-19          (b)  If the comptroller determines under Subsection (a) of
25-20    this article that revenues are anticipated to support a part, but
25-21    less than all, of the premium  tax credits authorized under Article
25-22    4.67 of this code, the comptroller shall:
25-23                (1)  reduce the total amount of premium tax credits
25-24    allowed under that article in the amount necessary to comply with
25-25    Subsection (a) of this article; and
25-26                (2)  adopt rules as necessary to implement this
 26-1    subchapter after the reduction made under Subdivision (1) of this
 26-2    subsection.
 26-3          (c)  Rules adopted under Subsection (b)(2) of this article
 26-4    may adjust any deadline or other date established by this
 26-5    subchapter as necessary to implement this subchapter as limited by
 26-6    this article.
 26-7          (d)  The comptroller shall notify the governor, lieutenant
 26-8    governor, and speaker of the house of representatives of the
 26-9    determination made under Subsection (a) of this article.
26-10          SECTION 2.  Articles 4.01 through 4.08, 4.10, 4.11, 4.11A,
26-11    4.11B, 4.11C, 4.12, 4.17, 4.18, and 4.19, Insurance Code, are
26-12    redesignated as Subchapter A, Chapter 4, Insurance Code, and a
26-13    subchapter heading is added to read as follows:
26-14        SUBCHAPTER A.  IMPOSITION AND COLLECTION OF TAXES AND FEES
26-15          SECTION 3.   (a)  Subject to Article 4.74, Insurance Code, as
26-16    added by this Act, the comptroller of public accounts shall, not
26-17    later than the 60th day after the effective date of this Act, adopt
26-18    rules necessary to implement Subchapter B, Chapter 4, Insurance
26-19    Code, as added by this Act.  The comptroller shall begin accepting
26-20    applications for certification as a certified capital company under
26-21    that subchapter on November 1, 2001.
26-22          (b)  A certified investor may not make an investment with a
26-23    certified capital company under Subchapter B, Chapter 4, Insurance
26-24    Code, as added by this Act, before February 15, 2002.
26-25          SECTION 4.  This Act takes effect immediately if it receives
26-26    a vote of two-thirds of all the members elected to each house, as
 27-1    provided by Section 39, Article III, Texas Constitution.  If this
 27-2    Act does not receive the vote necessary for immediate effect, this
 27-3    Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 601 passed the Senate on
         April 4, 2001, by the following vote:  Yeas 25, Nays 3, one
         present, not voting; and that the Senate concurred in House
         amendments on May 15, 2001, by the following vote:  Yeas 29,
         Nays 0, one present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 601 passed the House, with
         amendments, on May 10, 2001, by the following vote:  Yeas 144,
         Nays 0, one present, not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor