By:  Jackson                                          S.B. No. 1682
         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 taxes and fees administered by the Comptroller
 1-3     related to the Insurance Code.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 1.16(b), Insurance Code, is amended to
 1-6     read as follows:
 1-7           (b)  Assessments for the expenses of such domestic
 1-8     examination which shall be sufficient to meet all the expenses and
 1-9     disbursements necessary to comply with the provisions of the laws
1-10     of Texas relating to the examination of insurance companies and to
1-11     comply with the provisions of this Article and Articles 1.17 and
1-12     1.18 of this Code, shall be made by the State Board of Insurance
1-13     upon the corporations or associations to be examined taking into
1-14     consideration annual premium receipts, and/or admitted assets that
1-15     are not attributable to 90 percent of pension plan contracts as
1-16     defined in Section 818(a) of the Internal Revenue Code of 1986 (26
1-17     U.S.C. Section 818(a)), and/or insurance in force; provided such
1-18     assessments shall be made and collected as follows:  (1) expenses
1-19     attributable directly to a specific examination including
1-20     employees' salaries and expenses and expenses provided by Article
1-21     1.28 of this Code shall be collected at the time of examination;
1-22     (2) assessments calculated annually for each corporation or
1-23     association which take into consideration annual premium receipts,
 2-1     and/or admitted assets that are not attributable to 90 percent of
 2-2     pension plan contracts as defined in Section 818(a) of the Internal
 2-3     Revenue Code of 1986 (26 U.S.C. Section 818(a)), and/or insurance
 2-4     in force shall be assessed annually for each such corporation or
 2-5     association.  In computing the assessments, the board may not
 2-6     consider insurance premiums for insurance contracted for by a state
 2-7     or federal governmental entity to provide welfare benefits to
 2-8     designated welfare recipients or contracted for in accordance with
 2-9     or in furtherance of Title 2, Human Resources Code, or the federal
2-10     Social Security Act (42 U.S.C. Section 301 et seq.). The amount of
2-11     the assessments paid in each taxable year to or for the use of the
2-12     State of Texas by any insurance corporation or association hereby
2-13     affected shall be allowed as a credit on the amount of premium
2-14     taxes to be paid by any such insurance corporation or association
2-15     for such taxable year except that a credit on or offset to the
2-16     amount of premium taxes may not be allowed on:  (1)  examination
2-17     expenses incurred by representatives of the department that are
2-18     directly attributable to an examination of the books, records,
2-19     accounts, or principal offices of a domestic insurance company
2-20     located outside this state; (2) examination expenses or fees paid
2-21     to a state other than this state; or (3) examination expenses paid
2-22     in a different taxable year [as provided by Article 1.28 of this
2-23     Code].
2-24           SECTION 2.  Article 4.10 Section 13, Insurance Code, is
2-25     amended to read as follows:
2-26           Sec. 13.  The amount of all examination and evaluation fees
 3-1     paid in each taxable year to or for the use of the State of Texas
 3-2     by an insurance carrier shall be allowed as a credit on the amount
 3-3     of premium taxes due under this article except that a credit on or
 3-4     offset to the amount of premium taxes may not be be allowed
 3-5     on:  (1) examination expenses incurred by representatives of the
 3-6     department that are directly attributable to an examination of the
 3-7     books, records, accounts, or principal offices of a domestic
 3-8     insurance company located outside this state; (2) examination
 3-9     expenses or fees paid to a state other than this state; or (3)
3-10     examination expenses paid in a different taxable year [as provided
3-11     by Article 1.28 of this code].  Any credit allowed by the
3-12     provisions of this section is in addition to any other credits
3-13     allowable by statute.
3-14           SECTION 3.  Article 4.11 Section 8, Insurance Code, is
3-15     amended to read as follows:
3-16           Sec. 8.  The amount of all examination and valuation fees
3-17     paid during each tax year to or for the use of the State of Texas
3-18     by an insurance carrier shall be allowed as a credit on the amount
3-19     of premium taxes due under this article except that a credit on or
3-20     offset to the amount of premium taxes may not be be allowed
3-21     on:  (1) examination expenses incurred by representatives of the
3-22     department that are directly attributable to an examination of the
3-23     books, records, accounts, or principal offices of a domestic
3-24     insurance company located outside this state; (2) examination
3-25     expenses or fees paid to a state other than this state; or (3)
3-26     examination expenses paid in a different taxable year [as provided
 4-1     by Article 1.28 of this code].  Any credit allowed by the
 4-2     provisions of this section is in addition to any other credits
 4-3     allowable by statute.
 4-4           SECTION 4.  Article 4.11B Sections 2(a)-(b), Insurance Code,
 4-5     are amended to read as follows:
 4-6           (a)  There is imposed on each reciprocal exchange transacting
 4-7     business in this state an annual tax equal to 1.6 [1.7] percent of
 4-8     its gross premium receipts.
 4-9           (b)  Except for the tax rate[,] and the amount of taxes
4-10     imposed[, and the investment provisions], Article 4.10 of this code
4-11     applies to the imposition, computation, and administration of the
4-12     tax imposed under this article in the same manner that Article
4-13     4.10, Insurance Code, applies to the taxes imposed under that
4-14     article.
4-15           SECTION 5.  Article 5.49(a), Insurance Code, is amended to
4-16     read as follows:
4-17           (a)  The State of Texas by and through the commissioner shall
4-18     annually determine the rate of assessment of a maintenance tax to
4-19     be paid on an annual or semiannual basis, as determined by the
4-20     comptroller.  The rate of assessment may not exceed one and
4-21     one-fourth percent of the correctly reported gross premiums of
4-22     fire, lightning, tornado, windstorm, hail, smoke or smudge,
4-23     cyclone, earthquake, volcanic eruption, rain, frost and freeze,
4-24     weather or climatic conditions, excess or deficiency of moisture,
4-25     flood, the rising of the waters of the ocean or its tributaries,
4-26     inland marine, home warranty, bombardment, invasion, insurrection,
 5-1     riot, civil war or commotion, military or usurped power, any order
 5-2     of a civil authority made to prevent the spread of a conflagration,
 5-3     epidemic, or catastrophe, vandalism or malicious mischief, strike
 5-4     or lockout, explosion as defined in Article 5.52 of this code,
 5-5     water or other fluid or substance resulting from the breakage or
 5-6     leakage of sprinklers, pumps, or other apparatus erected for
 5-7     extinguishing fires, water pipes, or other conduits or containers
 5-8     insurance coverage collected by all authorized insurers writing
 5-9     those types of insurance in this state.  The comptroller shall
5-10     collect the maintenance tax.
5-11           SECTION 6.  Article 9.59 Section 7, Insurance Code, is
5-12     amended to read as follows:
5-13           Sec. 7.  The amount of all examination and evaluation fees
5-14     paid in each taxable year to or for the use of the State of Texas
5-15     by a title insurance company shall be allowed as a credit on the
5-16     amount of premium taxes due under this article except that a credit
5-17     on or offset to the amount of premium taxes may not be be allowed
5-18     on:  (1) examination expenses incurred by representatives of the
5-19     department that are directly attributable to an examination of the
5-20     books, records, accounts, or principal offices of a domestic
5-21     insurance company located outside this state; (2) examination
5-22     expenses or fees paid to a state other than this state; or (3)
5-23     examination expenses paid in a different taxable year [as provided
5-24     by Article 1.28 of this code].  Any credit allowed by this section
5-25     is in addition to any other credits allowed by law.
5-26           SECTION 7.  Article 17.22(a), Insurance Code, is amended to
 6-1     read as follows:
 6-2           (a)  County mutual insurance companies shall be exempt from
 6-3     the operation of all insurance laws of this state, except such laws
 6-4     as are made applicable by their specific terms or as in this
 6-5     Chapter specifically provided.  In addition to such other Articles
 6-6     as may be made to apply by other Articles of this Code, county
 6-7     mutual insurance companies shall be subject to:
 6-8                 (1)  Subdivision 7 of Article 1.10 of this Code; and
 6-9                 (2)  Articles 1.15, 1.15A, 1.16, 1.24, 1.35B, 2.04,
6-10     2.05, 2.08, 2.10, 4.10, 5.12, 5.37, 5.38, 5.39, 5.40, 5.49, 21.21,
6-11     and 21.49 of this Code.
6-12           SECTION 8.  Section 101.251(b), Insurance Code, is amended to
6-13     read as follows:
6-14           (b)  Except as provided by Subsection (j), an unauthorized
6-15     insurer or the agent of the unauthorized insurer shall pay to the
6-16     comptroller, on a form prescribed by the comptroller, a premium
6-17     receipts tax of 4.85 percent of gross premiums charged for
6-18     insurance on a subject resident, located, or to be performed in
6-19     this state.
6-20           SECTION 9.  Section 112.058(b), Tax Code, is amended to read
6-21     as follows:
6-22           (b)  A protest payment relating to each tax collected by the
6-23     comptroller that is imposed by [Articles 1.14-1, 1.14-2, 4.10,
6-24     4.11, 14.42, 21.46, and 23.08,] the Insurance Code or other
6-25     insurance law of this state, [or by Section 28, Article 8306,
6-26     Revised Statutes, or by Section 33, Texas Health Maintenance
 7-1     Organization Act (Article 20A-33, Vernon's Texas Insurance Code),]
 7-2     shall be handled as follows:
 7-3                 (1)  [All protest payments made pursuant to
 7-4     requirements for the quarterly prepayment of premium tax or
 7-5     pursuant to the requirements for annual premium tax that become due
 7-6     after August 15, 1985, but before November 15, 1989, shall not be
 7-7     placed in the suspense account, but shall immediately be deposited
 7-8     in the General Revenue Fund.]
 7-9                 [(2)]  All protest payments made pursuant to
7-10     requirements for the quarterly prepayment of premium tax or
7-11     pursuant to the requirement for annual premium tax that become due
7-12     on or after November 15, 1989, are governed by Subchapter J,
7-13     Chapter 403, Government Code.
7-14                 (2)  The comptroller shall keep detailed records of
7-15     protest payments relating to the taxes collected by the comptroller
7-16     imposed by the Insurance Code or another insurance law of this
7-17     state.
7-18                 [(3)  The State Board of Insurance shall keep detailed
7-19     records of protest payments covered by Subdivision (1) relating to
7-20     the tax imposed by Articles 1.14-1, 1.14-2, 4.10, 4.11, 14.42,
7-21     21.46, and 23.08, Insurance Code, or by Section 28, Article 8306,
7-22     Revised Statutes, or by Section 33, Texas Health Maintenance
7-23     Organization Act (Article 20A-33, Vernon's Texas Insurance Code).]
7-24           SECTION 10.  Article 4.11C, Insurance Code, and Section
7-25     112.058(c), Tax Code, are repealed.
7-26           SECTION 11.  This act takes effect January 1, 2002.