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  81R5533 AJA-D
 
  By: Hinojosa S.B. No. 1168
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a rescission period for annuity contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 7, Insurance Code, is amended
  by adding Chapter 1116 to read as follows:
  CHAPTER 1116. REQUIRED PROVISIONS FOR ANNUITY CONTRACT
         Sec. 1116.001.  DEFINITION. In this chapter, "annuity"
  means a fixed, variable, or modified guaranteed annuity that is
  individually solicited, whether classified as an individual
  annuity or group annuity.
         Sec. 1116.002.  RESCISSION PERIOD REQUIRED. An annuity
  contract must:
               (1)  authorize the purchaser to rescind the contract
  and return it to the issuer without surrender fees for at least 30
  days after the date the contract is entered into; and
               (2)  provide for a refund to a purchaser who rescinds
  the contract during that period equal to the amount paid by the
  purchaser under the contract.
         SECTION 2.  The change in law made by this Act applies only
  to an annuity contract delivered or issued for delivery on or after
  January 1, 2010. A contract delivered or issued for delivery before
  January 1, 2010, is governed by the law in effect immediately before
  the effective date of this Act, and that law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.