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  80R7409 KCR-D
 
  By: Hancock H.B. No. 1848
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the frequency of certain examinations conducted by the
Texas Department of Insurance.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 401.052, Insurance Code, is amended to
read as follows:
       Sec. 401.052.  FREQUENCY OF EXAMINATION.  (a)  Subject to
Subsection (b) and except as provided by the rules adopted under
that subsection, the [The] department shall visit and examine a
carrier as frequently[:
             [(1)  annually during the first three years after the
carrier is organized or incorporated; and
             [(2)  except as provided by Subsection (b), once every
three years after the period described by Subdivision (1), or on a
more frequent basis] as the department considers necessary. At a
minimum, the department shall examine a carrier not less frequently
than once every five years.
       (b)  [If the commissioner determines that the financial
strength of a carrier justifies less frequent examinations than
those required under Subsection (a)(2), the department may conduct
the examination at intervals not less frequent than every five
years.] The commissioner shall adopt rules governing the frequency
of examinations of carriers that have been organized or
incorporated for less than five years [determination under this
subsection of whether the financial strength of a carrier justifies
less frequent examinations].
       SECTION 2.  This Act takes effect September 1, 2007.