S.B. No. 1591
AN ACT
relating to accountant practice requirements for certain audits of
insurer financial reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 12, Article 1.15A,
Insurance Code, is amended to read as follows:
(c) The commissioner may not accept an audited financial
report prepared in whole or in part by an individual or firm who the
commissioner finds:
(1) has been convicted of fraud, bribery, a violation
of the Racketeer Influenced and Corrupt Organizations Act (18
U.S.C. Sections 1961 through 1968), or any state or federal
criminal offense involving dishonest conduct;
(2) has violated the insurance laws of this state with
respect to any report filed under this article; [or]
(3) has demonstrated a pattern or practice of failing
to detect or disclose material information in reports filed under
this article; or
(4) has directly or indirectly entered into an
agreement of indemnity or release of liability regarding an audit
of an insurer.
SECTION 2. Subsection (b), Section 14, Article 1.15A,
Insurance Code, is amended to read as follows:
(b) The examination of an insurer's financial reports shall
be conducted in accordance with generally accepted auditing
standards or with standards adopted by the Public Company
Accounting Oversight Board, as applicable. The accountant
conducting the audit shall consider:
(1) the standards specified [Consideration should
also be given to such other procedures illustrated] in the
Examiner's Handbook promulgated by the National Association of
Insurance Commissioners; or
(2) other analogous nationally recognized standards
adopted by commissioner rule.
SECTION 3. The changes in law made by this Act apply only to
an audit begun under Article 1.15A, Insurance Code, as amended by
this Act, on or after the effective date of this Act. An audit begun
or pending before that date is governed by the law in effect on the
date the audit is begun, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1591 passed the Senate on
April 21, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1591 passed the House on
May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor