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Amend CSHB 2752 by inserting the following new sections and 
renumber accordingly:
	SECTION ____.  Section 102.001, Insurance Code, is amended 
by amending Subdivision (1) and adding Subdivision (3) to read as 
follows:
		(1)  "Charitable gift annuity" means an annuity:                              
			(A)  that is payable over the lives of one or two 
individuals;             
			(B)  that is made in return for the transfer of 
cash or other property to a charitable organization or qualified 
educational organization; and
			(C)  the actuarial value of which is less than the 
value of the cash or other property transferred, with the 
difference in those values being a charitable deduction for federal 
tax purposes.
		(3)  "Qualified educational organization" means an 
issuer of a charitable gift annuity that is:
			(A)  an institution of higher education as defined 
by Section 61.003, Education Code;
			(B)  a private or independent institution of 
higher education as defined by Section 61.003, Education Code; or
			(C)  a foundation designated in writing by an 
institution described by Paragraph (A) or (B) to issue charitable 
gift annuities for the benefit of the institution.
	SECTION ____.  Section 102.002, Insurance Code, is amended 
to read as follows:
	Sec. 102.002.  QUALIFIED CHARITABLE GIFT ANNUITY.  (a) A 
charitable gift annuity is a qualified charitable gift annuity for 
purposes of this chapter if it was issued before September 1, 1995, 
or if it is:
		(1)  described by Section 501(m)(5), Internal Revenue 
Code of 1986; and     
		(2)  issued by a charitable organization that on the 
date of the annuity agreement:
			(A)  has, exclusive of the assets funding the 
annuity agreement, a minimum of $300,000 [$100,000] in unrestricted 
cash, cash equivalents, or publicly traded securities; and
			(B)  has been in continuous operation for at least 
three years or is a successor or affiliate of a charitable 
organization that has been in continuous operation for at least 
three years.
	(b)  A charitable gift annuity is a qualified charitable gift 
annuity if it is issued by a qualified educational organization 
that, on the date of the annuity agreement:
		(1)  has, exclusive of the assets funding the annuity 
agreement, a minimum of $300,000 in unrestricted cash, cash 
equivalents, or publicly traded securities; and
		(2)  has been in continuous operation for at least 
three years or is a successor or affiliate of an institution or 
foundation described by Section 102.001(3) that has been in 
continuous operation for at least three years.
	SECTION ____.  Subchapter C, Chapter 102, Insurance Code, is 
amended by amending Section 102.102 and adding Section 102.105 to 
read as follows:
	Sec. 102.102.  NOTICE AND APPROVAL OF QUALIFIED STATUS OF 
CHARITABLE ORGANIZATION [TO DEPARTMENT].  (a)  Not later than the 
60th day before the date on which a charitable organization sells 
the organization's first qualified charitable gift annuity, the [A] 
charitable organization [that issues qualified charitable gift 
annuities] shall:
		(1)  notify the department's annuities division in 
writing of the organization's intention to issue a charitable gift 
annuity; and
		(2)  request in writing the department's approval of 
the organization as a qualified charitable organization under this 
chapter [not later than the date on which the organization enters 
into the organization's first qualified charitable gift annuity 
agreement].
	(b)  The notice required by this section must:                                 
		(1)  be signed by an officer or director of the 
organization;               
		(2)  identify the organization; [and]                        
		(3)  certify that:                                                            
			(A)  the organization is a charitable 
organization; and                    
			(B)  the annuities issued by the organization are 
[qualified] charitable gift annuities; and
		(4)  be submitted in a form and manner adopted by the 
commissioner by rule under Subsection (c).
	(c)  The commissioner may adopt rules that establish the form 
and manner of information that a charitable organization must [may 
not be required to] submit to request approval under this section
[additional information except to determine appropriate penalties 
under Section 102.104].
	(d)  On receipt of notice and request for approval under this 
section, the department may:
		(1)  approve a request for a charitable organization to 
issue charitable gift annuities; or
		(2)  disapprove a request and notify the issuer in 
writing of the grounds for the disapproval in sufficient detail to 
allow remediation.
	(e)  A request under Subsection (b) is considered approved if 
the commissioner does not act on the request on or before the 60th 
day after the date the department received the request.
	(f)  The department may withdraw the approval of a request 
for qualified status of a charitable organization if the 
organization no longer satisfies the requirements for approval.  
The department shall notify the organization in writing of the 
grounds for the withdrawal of approval in sufficient detail to 
allow remediation.
	(g)  A proceeding under this chapter for the disapproval or 
withdrawal of approval is a contested case under Chapter 2001, 
Government Code.
	Sec. 102.105.  NOTICE OF QUALIFIED EDUCATIONAL ORGANIZATION 
STATUS.  (a)  Not later than the 60th day before the date on which a 
qualified educational organization sells the organization's first 
qualified charitable gift annuity, the organization shall:
		(1)  notify the department's annuities division in 
writing of the organization's intention to issue a charitable gift 
annuity; and
		(2)  request in writing the department's acknowledgment 
of the organization as a qualified educational organization under 
this chapter.
	(b)  The notice required by this section must:                          
		(1)  be signed by an officer or director of the 
organization;        
		(2)  identify the organization; and                                    
		(3)  certify that:                                                     
			(A)  the organization is an institution of higher 
education or a private or independent institution of higher 
education as defined by Section 61.003, Education Code, or a 
foundation designated by the institution as described by Section 
102.001(3); and
			(B)  the annuities issued by the organization are 
charitable gift annuities.
	(c)  On receipt of notice and request for acknowledgment 
under this section, the department shall acknowledge that the 
organization may issue a charitable gift annuity.
	SECTION ____.  Section 102.152, Insurance Code, is amended 
to read as follows:
	Sec. 102.152.  TREATMENT OF ANNUITY AS CHARITABLE GIFT 
ANNUITY;  ESTOPPEL.  In any litigation or other proceeding brought 
by or on behalf of a donor or the donor's heirs or distributees, an 
annuity that the donor has treated as a charitable gift annuity in a 
filing with the United States Internal Revenue Service shall be 
considered to be a qualified charitable gift annuity issued by a 
charitable organization or a qualified educational organization, 
as described by Subchapters A and B and Section 101.053(b).
	SECTION ____.  Section 1107.006, Insurance Code, is amended 
to read as follows:
	Sec. 1107.006.  MATURITY DATE.  [(a)]  In determining the 
value of benefits under Sections 1107.102, 1107.103, and 1107.104, 
[and subject to Subsection (b), if an annuity contract permits an 
election to have annuity payments begin on optional maturity 
dates,] the maturity date is [considered to be] the latest date on 
which an election is permitted by the contract, but[.
	[(b)  A maturity date determined under this section may] not 
[be] later than the later of:
		(1)  the next anniversary of the annuity contract that 
follows the annuitant's 70th birthday; or
		(2)  the 10th anniversary of the contract.                                    
	SECTION ____.  Section 1115.102, Insurance Code, is amended 
by adding Subsections (c) and (d) to read as follows:
	(c)  In addition to any other remedy available for a 
violation of this chapter, if the commissioner finds a pattern or 
practice of unsuitable sales of annuities, or such a pattern or 
practice is reasonably expected, because of the compensation 
offered by an insurer for the sale of annuities, the commissioner 
may, after notice and hearing, order the insurer to cease and desist 
or modify the compensation offered.
	(d)  An order issued under Subsection (c) may not include a 
regular salaried officer or employee of a licensed insurer, a 
jointly managed affiliate of a licensed insurer, or a licensed 
insurance agent if the officer or employee does not receive a 
commission or other compensation for the services of the officer or 
employee that is directly dependent on the amount of business done.
	SECTION ____.  Sections 2 and 3 of this Act apply only to an 
annuity that is delivered or issued for delivery on or after January 
1, 2010.  An annuity that is delivered or issued for delivery before 
January 1, 2010, is governed by the law as it existed immediately 
before the effective date of this Act, and that law is continued in 
effect for that purpose.
	SECTION ____.  Section 1107.006, Insurance Code, as amended 
by this Act, applies only to an annuity that is delivered or issued 
for delivery on or after June 1, 2010.  An annuity that is delivered 
or issued for delivery before June 1, 2010, is governed by the law 
as it existed immediately before the effective date of this Act, and 
that law is continued in effect for that purpose.
	SECTION ____.  Section 1115.102, Insurance Code, as amended 
by this Act, applies only to conduct that occurs on or after the 
effective date of this Act. Conduct that occurs before the 
effective date of this Act is covered by the law in effect when the 
conduct occurred, and the former law is continued in effect for that 
purpose.