H.B. No. 2614
AN ACT
relating to the applicability of certain insurance laws to Lloyd's
plans and reciprocal and interinsurance exchanges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.001(b), Insurance Code, is amended to
read as follows:
(b) The department may address a reasonable inquiry to any
[an] insurance company, including a Lloyd's plan or reciprocal or
interinsurance exchange, or an agent[,] or other holder of an
authorization relating to:
(1) the person's business condition; or
(2) any matter connected with the person's
transactions that the department considers necessary for the public
good or for the proper discharge of the department's duties.
SECTION 2. Section 941.003(b), Insurance Code, is amended
to read as follows:
(b) A Lloyd's plan is subject to:
(1) Section 5, Article 1.10;
(2) Article 1.15A;
(3) Subchapters A, Q, T, and U, Chapter 5;
(4) Articles 5.35, 5.38, 5.39, and 5.40[, and 5.49];
(5) Article [Articles 21.21 and] 21.49-8;
(6) Sections 822.203, 822.205, 822.210, and 822.212;
[and]
(7) Article 5.13-2, as provided by that article;
(8) Chapters 251, 252, and 541; and
(9) Section 38.001.
SECTION 3. Section 942.003(b), Insurance Code, is amended
to read as follows:
(b) An exchange is subject to:
(1) Section 5, Article 1.10;
(2) Articles 1.15, 1.15A, and 1.16;
(3) Subchapters A, Q, T, and U, Chapter 5;
(4) Articles 5.35, 5.37, 5.38, 5.39, and 5.40;
(5) Article [Articles 21.21 and] 21.49-8;
(6) Sections 822.203, 822.205, 822.210, 822.212,
861.254(a)-(f), 861.255, 862.001(b), and 862.003; [and]
(7) Article 5.13-2, as provided by that article;
(8) Chapter 541; and
(9) Section 38.001.
SECTION 4. Subchapter A, Chapter 551, Insurance Code, is
amended by adding Section 551.004 to read as follows:
Sec. 551.004. TRANSFER NOT CONSIDERED A REFUSAL TO RENEW.
For purposes of this chapter and Articles 5.06-1 and 5.06-3 of this
code, the transfer of a policyholder between admitted companies
within the same insurance group is not considered a refusal to
renew.
SECTION 5. Section 551.056, Insurance Code, is repealed.
SECTION 6. The change in law made by Section 38.001,
Insurance Code, as amended by this Act, applies only to an inquiry
made by the Texas Department of Insurance on or after the effective
date of this Act. An inquiry made by the Texas Department of
Insurance before the effective date of this Act is covered by the
law in effect at the time the inquiry is made, and that law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2614 was passed by the House on April
22, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2614 on May 26, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2614 was passed by the Senate, with
amendments, on May 20, 2005, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor