Amend Amendment No. 53 by Rose to CSSB 14 by adding the
following appropriately numbered SECTIONS to the amendment and
renumbering subsequent SECTIONS accordingly:
SECTION _____. Article 21.49-4, Insurance Code, is amended
by amending Subsections (d), (e), (g), (h), (i), and (j), and adding
Subsection (k) to read as follows:
(d) The trust investment powers and limitations shall be the
same as those of any state bank with trust powers. The trust shall
adopt rules [and regulations] to guarantee all contingent
liabilities in the event of dissolution.
(e) The trust is not engaged in the business of insurance
under this code and other laws of this state and the provisions of
any chapters or sections of this code are declared inapplicable to a
trust organized and operated under this article, except as
identified in this article, provided that the Texas Department
[State Board] of Insurance may require any trust created under this
article to satisfy reasonable minimum requirements to insure the
capability of the trust to satisfy its contractual obligations.
(g) The trust shall file [, for informational purposes
only,] all rates and forms with the Texas Department of Insurance.
[State Board of Insurance.] Such rate and form filings are subject
to the rate and form requirements of Article 5.13-2, Insurance
Code.
(h) The trust shall file with the Texas Department of
Insurance [State Board of Insurance] all liability claims reports
which are required pursuant to Sections 38.151-38.162 [Articles
1.24A and 1.24B], Insurance Code.
(i) If the trust is found to be in violation of or to have
failed to comply with any provision of this code or any duly
promulgated rule [or regulation] of the Texas Department of
Insurance, [State Board of Insurance which is declared] applicable
to a trust organized and operated under this article, the
department [State Board of Insurance,] may order sanctions pursuant
to Sections 82.001-82.003 and 82.051-82.056 [7, Article 1.10,]
Insurance Code, [may order sanctions] for such violation.
(j) The trust shall file its independently audited annual
financial statement with the Texas Department of Insurance pursuant
to Article 1.15A, Insurance Code [State Board of Insurance; this
audit shall not be considered an examination document].
(k) The trust is subject to the examination authority of the
Texas Department of Insurance pursuant to Article 1.15, Insurance
Code.
SECTION _____. Article 21.49-4(f), Insurance Code, is
repealed.