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INTRODUCED
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HOUSE COMMITTEE SUBSTITUTE
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No
equivalent provision.
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ARTICLE
1. FORMATION, OPERATION, AND AUTHORITY OF ENTITIES
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SECTION 1. Title 6, Chapter
801, Insurance Code is amended to read as follows:
CHAPTER 801. INCORPORATION
AND CERTIFICATE OF AUTHORITY
SUBCHAPTER A. GENERAL
PROVISIONS
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SECTION
1.01. The heading to Chapter 801, Insurance Code, is amended to read as
follows:
CHAPTER
801. INCORPORATION; CERTIFICATE OF AUTHORITY
(No equivalent provision,
but no substantive change to this section in the introduced version.)
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Sec. 801.001.
APPLICABILITY OF LAW GOVERNING CORPORATIONS.
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SECTION
1.03. Sec. 801.0011. Substantially the same as introduced version.
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801.0021:
DEFINITIONS.
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SECTION
1.02. Section 801.001(2). Substantially the same as introduced version,
but makes technical corrections.
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No
equivalent provision.
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SECTION
1.04. Chapter 801, Insurance Code, is amended by adding Subchapter A-1,
and a heading is added to that subchapter to read as follows:
SUBCHAPTER
A-1. INCORPORATION OF INSURANCE COMPANIES; RELATED REGULATORY REQUIREMENTS
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Sec. 801.0023.
EXEMPTION FOR CERTAIN FRATERNAL BENEFIT SOCIETIES.
(No change to section
text.)
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No equivalent provision.
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SUBCHAPTER B INCORPORATION
OF INSURANCE COMPANIES
Sec. 801.004 FORMATION OF
COMPANY.
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No equivalent provision.
SECTION 1.05.
Sec. 801.021. Substantially the same as introduced version, but
makes technical corrections.
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Sec. 801.005. ARTICLES OF
INCORPORATION.
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SECTION
1.06. Sec. 801.022. Substantially the same as introduced version,
but makes technical corrections.
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Sec. 801.006. CAPITAL
STOCK AND SURPLUS REQUIREMENTS.
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SECTION
1.07. Sec. 801.023. Substantially the same as introduced version.
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Sec. 801.007.
COMMISSIONER MAY REQUIRE LARGER CAPITAL AND SURPLUS AMOUNTS.
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SECTION
1.08. Sec. 801.024. Substantially the same as introduced version.
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Sec. 801.008. IMPAIRMENT
OF CAPITAL AND SURPLUS.
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SECTION
1.09. Sec. 801.025. Substantially the same as introduced version,
but makes a technical correction.
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Sec. 801.009. ACTIONS OF
COMMISSIONER WHEN CAPITAL AND SURPLUS REQUIREMENTS NOT SATISFIED.
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SECTION
1.10. Sec. 801.026. Substantially the same as introduced version.
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Sec. 801.010. EXAMINATION
OF COMPANY.
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SECTION
1.11. Sec. 801.027. Substantially the same as introduced version.
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Sec. 801.011. COMPANY
NAME.
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SECTION
1.12. Sec. 801.028. Substantially the same as introduced version.
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Sec. 801.012. SAME OR
DECEPTIVELY SIMILAR NAME.
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SECTION
1.13. Sec. 801.029. Substantially the same as introduced version.
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SUBCHAPTER C ACTION BY THE
COMMISSIONER ON LICENSE APPLICATION, AMENDMENTS, AND RELATED MANAGEMENT
COMPETENCE, FITNESS, OR REPUTATION
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SECTION
1.14. Chapter 801, Insurance Code, is amended by adding Subchapter A-2,
and a heading is added to that subchapter to read as follows:
SUBCHAPTER
A-2. ISSUANCE AND AMENDMENT OF CHARTER AND CERTIFICATE OF AUTHORITY
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Sec. 801.013. APPLICATION
FOR CHARTER AND CERTIFICATE OF AUTHORITY.
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SECTION
1.15. Sec. 801.031. Substantially the same as introduced version.
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Sec. 801.014. ACTION ON
CHARTER AND/OR LICENSE APPLICATION OR CHARTER AND/OR LICENSE AMENDMENT
APPLICATION.
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SECTION
1.16. Sec. 801.032. Substantially the same as introduced version.
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Sec. 801.015. ISSUANCE OF
CERTIFICATE PROHIBITED.
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SECTION
1.17. Sec. 801.033. CERTAIN FELONIES; ISSUANCE OF
CERTIFICATE PROHIBITED. Substantially the same as introduced version.
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Sec. 801.016. REVOCATION
OF CERTIFICATE.
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SECTION
1.18. Sec. 801.034. CERTAIN FELONIES; REVOCATION OF
CERTIFICATE. Substantially the same as introduced version.
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Sec. 801.017. PETITION
FOR ISSUANCE OR REINSTATEMENT OF CERTIFICATE.
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SECTION
1.19. Sec. 801.035. Substantially the same as introduced version,
but makes technical corrections.
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Sec. 801.018: Adoption of
National Association of Insurance Commissioners Licensing Standards
(a) All domestic,
foreign, or alien insurance companies seeking to become authorized to
engage in the business of insurance in this state shall do so by utilizing
the most current versions of any processes and related forms adopted by the
National Association of Insurance Commissioners for charter and license
application.
(b) All domestic,
foreign, or alien insurance companies authorized to engage in the business
of insurance in the state of Texas, in requesting an amendment to any
certificate of authority orcharter, shall utilize the most current versions
of applicable processes and forms adopted by the National Association of
Insurance Commissioners.
(c) Any insurer
authorized under Chapter 801 shall provide written notice to the
Department, ,in the manner prescribed by the Commissioner, of any change in
contact information within thirty calendar days from the change.
(d) Any insurer
authorized under Chapter 801 shall provide written notice to the
Department, in the manner prescribed by the Commissioner, of any change in
officers or directors within thirty calendar days of instatement.
(e) Nothing in this
Section relieves an insurer of any obligation set out under Chapter 823 of
the Code.
(f) The commissioner may
exempt any class of insurance companies from the requirements of this
section if the commissioner believes the information required under this
subchapter will not be useful for regulatory purposes.
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SECTION
1.20. Subchapter A-2, Chapter 801, Insurance Code, as added by this Act,
is amended by adding Section 801.036 to read as follows:
Sec.
801.036. ADOPTION OF NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS
LICENSING STANDARDS. (a) A domestic, foreign, or alien insurance company
applying to become authorized to engage in the business of insurance in
this state must use the most current version of any processes and related
forms adopted by the National Association of Insurance Commissioners for charter
and license application.
(b) A
domestic, foreign, or alien insurance company authorized to engage in the
business of insurance in this state that requests an amendment to a charter
or certificate of authority must use the most current version of applicable
processes and forms adopted by the National Association of Insurance
Commissioners.
(c)
An insurer authorized under this chapter shall provide written notice to
the department, in the manner prescribed by the commissioner by rule, of a change in contact information
or a change of officers or directors not later than the 30th day after the
date of the change.
(d)
This section does not relieve an insurer of any obligation imposed under
Chapter 823.
(e)
The commissioner may exempt any class of insurance companies from the
requirements of this section if the commissioner determines the information
required under this section is not useful for regulatory purposes with respect to that class of companies.
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SEC. 801.019 APPLICATION
FOR AMENDMENT OF CHARTER.
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SECTION
1.21. Sec. 801.037. Substantially the same as introduced version.
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SUBCHAPTER CB.
CERTIFICATE OF AUTHORITY
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No equivalent provision.
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Sec. 801.051. APPROVAL,
DENIAL, OR DISAPPROVAL OF APPLICATION FOR CERTIFICATE; ELIGIBILITY;
HEARING. (Text of section stricken.)
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(See
repealed provisions in SECTION 3.01 below)
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Sec. 801.052. EFFECT AND
CONTENTS OF CERTIFICATE. (a) A certificate of authority issued to
an insurer under this chapter authorizes the insurer to engage in the
business of insurance. The certificate of authority must state the
specific lines of business or kind of insurance authorized under the
certificate.
A line of insurance or
kinds of insurance are defined as each line of business as specified in
this section, but are not limited to and may include any line of business
promulgated on the annual statement pages for which financial data is
required to be reported by the insurer or HMO.
(b) For an insurer that
is required to file the Life and Accident and Health Annual Statement, each
of the following is a line of business:
(1) ordinary life;
(2) group and individual
credit life;
(3) group life;
(4) industrial life;
(5) ordinary annuity;
(6) group annuity;
(7) ordinary annuity and
other fund deposits (variable life/variable annuity);
(8) group annuity and
other fund deposits (variable life/variable annuity);
(9) small employer
coverage;
(10) group and individual
credit accident and health;
(11) individual accident
and health coverage including collectively renewable accident and health,
noncancellable accident and health, guaranteed renewable accident and
health, non-renewable for stated reasons only accident and health, and
other accident only;
(12) group accident and
health other than association, large employer or small employer coverage;
(13) Medicare+Choice
plan;
(14) CHIP coverage;
(15) association
coverage;
(16) large employer
coverage.
(17) medicare supplement
(c) For an insurer that
is required to file the Property and Casualty Annual Statement each of the
following is a line of insurance:
(1) fire;
(2) allied lines;
(3) earthquake;
(4) flood;
(5) farmowners multiple
peril;
(6) homeowners multiple
peril;
(7) Texas commercial
multiple peril (non-liability portion);
(8) growing crops (all
other);
(9) multiple peril crop;
(10) inland marine;
(11) ocean marine;
(12) small employer
coverage;
(13) group and individual
credit accident and health;
(14) individual accident
and health coverage including collectively renewable accident and health,
noncancellable accident and health, guaranteed renewable accident and
health, non-renewable for stated reasons only accident and health, and
other accident only;
(15) group accident and
health other than association, largeemployer or small employer coverage;
(16) Medicare+Choice
plans;
(17) CHIP coverage;
(18) association
coverage;
(19) large employer
coverage;
(20) workers
compensation/employers liability;
(21) Texas commercial
multiple peril (liability portion);
(22) financial guaranty;
(23) medical malpractice
liability (physicians--including surgeons and osteopaths);
(24) medical malpractice
liability (all other health care professionals);
(25) medical malpractice
liability--hospitals;
(26) medical malpractice
liability (all other health care facilities);
(27) product liability;
(28) other general
liability; including professional liability
(29) fidelity and surety
(30) bail bonds
(31) glass;
(32) burglary and theft;
including forgery
(33) boiler and
machinery;
(34) credit;
(35) mortgage guaranty (
type I and type II);
(36) aircraft (all
perils);
(37) private passenger
auto no-fault personal injury protection;
(38) other private
passenger auto liability;
(39) commercial auto
no-fault personal injury protection;
(40) other commercial
auto liability;
(41) private passenger
auto physical damage;
(42) commercial auto
physical damage.
(43) hail (growing crops
only)
(44) rain
(45) title
(46) livestock mortality
(47) medicare supplement;
and
(48) warranty, including
contractual liability.
(d) For an HMO or insurer
that is required to file the Health Statement each of the following is a
line of insurance:
(1) small employer
coverage;
(2) large employer
coverage;
(3) health care services
for Medicaid delivered under a contract with the Texas Health and Human
Services Commission;
(4) health care services
for Medicare or a Medicare+Choice plan delivered under a contract with the
federal Centers for Medicare and Medicaid Service;
(5) CHIP coverage;
(6) individual coverage;
(7) association coverage;
(8) limited service group
coverage;
(9) limited service
individual coverage;
(10) single service group
coverage; and
(11) single service
individual coverage.
(12) medicare supplement
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SECTION
1.22. Section 801.052, Insurance Code, is amended to read as follows:
Sec.
801.052. EFFECT AND CONTENTS OF CERTIFICATE. (a) A certificate of
authority issued to an insurer under this chapter authorizes the insurer to
engage in the business of insurance. The certificate of authority must
state the specific lines of business or kinds of insurance
authorized under the certificate.
(b)
In this section, "line of business" and "kind of
insurance" include each line of business or kind of insurance listed
in Subsections (c), (d), and (e) and any line of business or kind of
insurance promulgated on the annual statement pages for which financial
data is required to be reported by the insurer or health maintenance
organization.
(c)
For an insurer required to file a life and accident and health annual
statement, each of the following is a line of business:
(1)
ordinary life;
(2)
group and individual credit life;
(3)
group life;
(4)
industrial life;
(5)
ordinary annuity;
(6)
group annuity;
(7)
ordinary annuity and other fund deposits (variable life or variable
annuity);
(8)
group annuity and other fund deposits (variable life or variable annuity);
(9) guaranteed investment contracts, funding
agreements, or similar instruments not based on mortality or morbidity
contingencies;
(10)
small employer coverage;
(11)
group and individual credit accident and health;
(12)
individual accident and health coverage, including collectively renewable
accident and health, noncancelable accident and health, guaranteed
renewable accident and health, nonrenewable for stated reasons only
accident and health, and other accident only;
(13)
group accident and health other than association, large employer, or small
employer coverage;
(14)
Medicare Plus Choice plan;
(15)
coverage under the state child health plan program commonly known as CHIP;
(16)
association coverage;
(17)
large employer coverage; and
(18)
Medicare supplement.
(d)
For an insurer required to file a property and casualty annual statement,
each of the following is a kind of
insurance:
(1) fire;
(2)
allied lines;
(3)
earthquake;
(4)
flood;
(5)
farm owners multiple peril;
(6)
homeowners multiple peril;
(7)
Texas commercial multiple peril (non-liability portion);
(8)
growing crops (all other);
(9)
multiple peril crop;
(10)
inland marine;
(11)
ocean marine;
(12)
small employer coverage;
(13)
group and individual credit accident and health;
(14)
individual accident and health coverage, including collectively renewable
accident and health, noncancelable accident and health, guaranteed renewable
accident and health, nonrenewable for stated reasons only accident and
health, and other accident only;
(15)
group accident and health other than association, large employer, or small
employer coverage;
(16)
Medicare Plus Choice plans;
(17)
coverage under the state child health plan program commonly known as CHIP;
(18)
association coverage;
(19)
large employer coverage;
(20)
workers' compensation or employers liability;
(21)
Texas commercial multiple peril (liability portion);
(22)
financial guaranty;
(23)
medical malpractice liability for physicians, including surgeons and
osteopaths;
(24)
medical malpractice liability for health care professionals other than
physicians;
(25)
medical malpractice liability for hospitals;
(26)
medical malpractice liability for health care facilities other than
hospitals;
(27)
product liability;
(28)
other general liability, including professional liability;
(29)
fidelity and surety;
(30)
bail bonds;
(31)
glass;
(32)
burglary and theft, including forgery;
(33)
boiler and machinery;
(34)
credit;
(35)
type I and type II mortgage guaranty;
(36)
aircraft (all perils);
(37)
private passenger auto no-fault personal injury protection;
(38)
other private passenger auto liability;
(39)
commercial auto no-fault personal injury protection;
(40)
other commercial auto liability;
(41)
private passenger auto physical damage;
(42)
commercial auto physical damage;
(43)
hail (growing crops only);
(44)
rain;
(45)
title;
(46)
livestock mortality;
(47)
Medicare supplement; and
(48)
warranty, including contractual liability.
(e)
For a health maintenance organization or insurer required to file a health
annual statement, each of the following is a line of business:
(1)
small employer coverage;
(2)
large employer coverage;
(3)
health care services for Medicaid delivered under a contract with the
Health and Human Services Commission;
(4)
health care services for Medicare or a Medicare Plus Choice plan delivered
under a contract with the federal Centers for Medicare and Medicaid
Services;
(5)
coverage under the state child health plan program commonly known as CHIP;
(6)
individual coverage;
(7)
association coverage;
(8)
limited service group coverage;
(9)
limited service individual coverage;
(10)
single service group coverage;
(11)
single service individual coverage; and
(12)
Medicare supplement.
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Sec. 801.053. DURATION OF
CERTIFICATE.
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(No equivalent provision,
but no substantive change to this section in the introduced version.)
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Sec. 801.054. PREFERENCE
FOR DOMESTIC COMPANY.
(No change to section
text.)
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No equivalent provision.
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Sec. 801.055. DEPOSIT OF
FEES.
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SECTION
1.23. Substantially the same as introduced version, but makes a technical
correction.
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Sec. 801.056. FAILURE TO
PROVIDE COMPLETE SET OF FINGERPRINTS: GROUND FOR DENIAL OF APPLICATION.
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SECTION
1.24. Substantially the same as introduced version, but makes a technical
correction.
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Sec. 801.057. FAILURE TO
FILE ANNUAL OR QUARTERLY STATEMENT: GROUND FOR REVOCATION OR
SUSPENSION.
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SECTION
1.25. Same as introduced version.
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SUBCHAPTER D C.
COMPETENCE, FITNESS, OR REPUTATION
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No equivalent provision.
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Sec. 801.101. DEPARTMENT
INQUIRY.
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(No equivalent provision,
but no substantive change to this section in the introduced version.)
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Sec. 801.102. DENIAL OF
APPLICATION OR REVOCATION OF CERTIFICATE.
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(No
equivalent provision, but no substantive change to this section in the
introduced version.)
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SUBCHAPTER D. FELONY
CONVICTION
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(See
repealed provisions in SECTION 3.01 below.)
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Sec. 801.151. ISSUANCE OF
CERTIFICATE PROHIBITED.
(Text of section stricken.)
(See Sec. 801.015 in the
introduced version.)
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(See
SECTION 1.17 above.)
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Sec. 801.152. REVOCATION
OF CERTIFICATE.
(Text of section stricken.)
(See Sec. 801.016 in the
introduced version.)
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(See
SECTION 1.18 above.)
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Sec. 801.153. PETITION
FOR ISSUANCE OR REINSTATEMENT OF CERTIFICATE.
Sec. 801.154. GRANT OF
PETITION.
Sec. 801.155. RULES
RELATING TO CONTENTS OF PETITION.
(Text of section stricken.)
(See Sec. 801.017 in the
introduced version.)
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(See
SECTION 1.19 above.)
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SECTION 2. Title 6, Chapter
802, Insurance Code is amended to read as follows:
CHAPTER 802. ANNUAL AND
QUARTERLY STATEMENT and STANDARDS
SUBCHAPTER A. ANNUAL AND
QUARTERLY STATEMENTS OF INSURANCE COMPANIES
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SECTION
1.26. The heading to Chapter 802, Insurance Code, is amended to read as
follows:
CHAPTER
802. ANNUAL AND QUARTERLY STATEMENTS; ACCOUNTING AND FINANCIAL
STANDARDS [STATEMENT]
(See
repealed provisions in SECTION 3.01 below.)
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Sec. 802.001.APPLICABILITY.
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SECTION
1.27. Sections 802.001, 802.002, and 802.003, Insurance Code, are amended
to read as follows:
Sec.
802.001. Substantially the same as introduced version.
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Section 802.0012.
FORM OF ANNUAL STATEMENT, QUARTERLY STATEMENT, AND ACTUARIAL OPINION.(a)
Insurers and other regulated entities must properly report each calendar
year to the department and the National Association of Insurance
Commissioners by completing, in accordance with applicable instructions,
due dates, and rules, the appropriate paper copy annual and quarterly
statement blanks, other reporting forms, and electronic filings specified
in this section and applicable rules.
(b) Each insurer other
regulated entity authorized to do the business of insurance in this state
must file its annual statement using:
(1) the annual statement
blanks, the quarterly statement blanks, the annual and quarterly
supplemental reporting forms, and the related instruction manuals as
adopted and published by the National Association of Insurance Commissioners
each year; and
(2) any the
Texas-specific reporting forms specified by rule.
(c) If an insurer fails
to deliver an annual or quarterly statement in a timely manner, the
department shall notify the company that the company may not issue new
insurance until the statement is delivered to the department.
(d) In this section,
"qualified actuary" means:
(1) a member in good
standing of the American Academy of Actuaries; or
(2) a person who has
otherwise demonstrated actuarial competence to the satisfaction of the
commissioner or an insurance regulatory official of another state in which
the insurance company is domiciled.
(d) An insurance company's annual statement must
include a statement of a qualified actuary entitled "Statement of
Actuarial Opinion," as set out in this Section and applicable rules,
that:
(1) is located on or is
attached to the first page of the annual statement; and
(2) provides the opinion
of the actuary relating to policy reserves and other actuarial items for
life insurance, accident and health insurance, and annuities, or loss and
loss adjustment expense reserves for property and casualty risks, as
described in the annual statement instructions of the National Association
of Insurance Commissioners as appropriate for the type of risks insured.
(a) The commissioner, as
necessary to obtain an accurate indication of the company's condition and
method of transacting business, may change the form of any annual statement
required to be filed by any kind of insurance company.
(b) The form may require
only information that relates to the business of the insurance company.
Sec. 802.002. ACTUARIAL
OPINION REQUIRED. (a) In this section, "qualified actuary" means:
(1) a member in good
standing of the American Academy of Actuaries; or
(2) a person who has
otherwise demonstrated actuarial competence to the satisfaction of the
commissioner or an insurance regulatory official of another state in which
the insurance company is domiciled.
(b) An insurance
company's annual statement must include a statement of a qualified actuary
entitled "Statement of Actuarial Opinion" that:
(1) is located on or is
attached to the first page of the annual statement; and
(2) provides the opinion
of the actuary relating to policy reserves and other actuarial items for
life insurance, accident and health insurance, and annuities, or loss and
loss adjustment expense reserves for property and casualty risks, as
described in the annual statement instructions of the National Association
of Insurance Commissioners as appropriate for the type of risks insured.
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Sec.
802.002. ANNUAL STATEMENT; QUARTERLY STATEMENT; ACTUARIAL OPINION
[REQUIRED]. (a) Insurers and other regulated entities must
properly report each calendar year to the department and the National Association
of Insurance Commissioners by completing, in accordance with applicable
instructions, due dates, and rules, the appropriate paper copy annual and
quarterly statement blanks, other reporting forms, and electronic filings
specified in this section and applicable rules.
(b)
Each insurer and other regulated entity authorized to engage in the
business of insurance in this state must file its annual statement using:
(1)
the annual statement blanks, the quarterly statement blanks, the annual and
quarterly supplemental reporting forms, and the related instruction manuals
as adopted and published by the National Association of Insurance
Commissioners each year; and
(2)
any reporting forms unique to this state required by the commissioner by
rule.
(c)
If an insurer or other regulated entity
fails to deliver an annual or quarterly statement in a timely manner, the
department shall notify the insurer or other entity that the insurer or
other entity may not issue new insurance until the date the statement is
delivered to the department.
(d)
In this section, "qualified actuary" means:
(1) a
member in good standing of the American Academy of Actuaries; or
(2) a
person who has otherwise demonstrated actuarial competence to the
satisfaction of the commissioner or an insurance regulatory official of
another state in which the insurance company is domiciled.
(e)
[(b)] An insurer's or other
regulated entity's [insurance
company's] annual statement must include a statement of a
qualified actuary, as prescribed by this section and applicable rules,
entitled "Statement of Actuarial Opinion," that:
(1) is
located on or is attached to the first page of the annual statement; and
(2)
provides the opinion of the actuary relating to policy reserves and other
actuarial items for life insurance, accident and health insurance, and
annuities, or loss and loss adjustment expense reserves for property and
casualty risks, as described in the annual statement instructions of the
National Association of Insurance Commissioners as appropriate for the type
of risks insured.
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Sec. 802.003. FILING DATE OF
ANNUAL STATEMENT DELIVERED BY POSTAL SERVICE. Except as otherwise
specifically provided, for an annual statement that is required to be filed
in the offices of the commissioner and that is delivered by the United
States Postal Service to the offices of the commissioner after the date on
which the annual statement is required to be filed, the date of filing is
the date of:
(1) the postal service
postmark stamped on the cover in which the document is mailed; or
(2) any other evidence of
mailing authorized by the postal service reflected on the cover in which
the document is mailed.
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Sec.
802.003. FILING DATE OF ANNUAL OR QUARTERLY STATEMENT DELIVERED BY
POSTAL SERVICE. Except as otherwise specifically provided, for an annual or quarterly statement that is required
to be filed in the offices of the commissioner and that is delivered by the
United States Postal Service to the offices of the commissioner after the
date on which the [annual]
statement is required to be filed, the date of filing is the date of:
(1) the
postal service postmark stamped on the cover in which the document is
mailed; or
(2) any
other evidence of mailing authorized by the postal service reflected on the
cover in which the document is mailed.
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Sec. 802.00452.
CONCURRENT FILING WITH NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS. (a)
Each domestic, foreign, or alien insurance company authorized to engage in
the business of insurance in this state shall file a copy of the company's
annual and quarterly statements with the National Association of Insurance
Commissioners at the time the company files the statements with the
commissioner.
(b) The statements
required by Subsection (a) must:
(1) meet requirements
adopted by the commissioner, including:
(A) a change in substance
or form;
(B) an additional filing;
and
(C) any requirement that
the statement be in a computer compatible format; and
(2) include the signed
jurat page and the actuarial opinion, as required by the jurisdiction in
which the insurance company is domiciled.
(c) The insurance company
shall also file with the National Association of Insurance Commissioners a
copy of any amendment or addition to the annual or quarterly statements
that is subsequently filed with the commissioner.
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SECTION
1.28. Sections 802.052, 802.053, 802.054, 802.055, and 802.056, Insurance
Code, are redesignated as Sections 802.004, 802.005, 802.006, 802.007, and
802.008, Insurance Code, and amended to read as follows:
Sec. 802.004
[802.052]. CONCURRENT FILING WITH NATIONAL ASSOCIATION OF INSURANCE
COMMISSIONERS. (a) Each domestic, foreign, or alien insurance company or other regulated entity to which this chapter
applies authorized to engage in the business of insurance in
this state shall file a copy of the company's annual and quarterly
statements [statement] with the National Association of
Insurance Commissioners at the time the company files the statements
[statement] with the commissioner.
(b) The statements
[statement] required by Subsection (a) must:
(1) meet
requirements adopted by the commissioner, including:
(A) a
change in substance or form;
(B) an
additional filing; and
(C) any
requirement that the statement be in a computer compatible format; and
(2)
include the signed jurat page and the actuarial opinion, as required by the
jurisdiction in which the insurance company is domiciled.
(c) The
insurance company shall also file with the National Association of
Insurance Commissioners a copy of any amendment or addition to the annual or
quarterly statements [statement] that is subsequently filed with
the commissioner.
|
|
Sec. 802.00553.
EXEMPTION AUTHORITY. The commissioner may exempt any class of insurance
companies from the requirements of this subchapter if the commissioner
believes the information required under this subchapter
will not be useful for regulatory purposes.
|
Sec. 802.005
[802.053]. EXEMPTION AUTHORITY. The commissioner may exempt any
class of insurance companies from the requirements of this chapter [subchapter]
if the commissioner believes the information required under this chapter [subchapter]
will not be useful for regulatory purposes with
respect to that class.
|
|
Sec. 802.00654.
COMPLIANCE.
|
Sec. 802.006
[802.054]. Substantially the same as introduced version.
|
|
Sec. 802.00755.
COSTS PAID BY INSURANCE COMPANY.
|
Sec. 802.007
[802.055]. Substantially the same as introduced version.
|
|
Sec. 802.00856.
STATUS OF REPORTS AND OTHER INFORMATION.
|
Sec. 802.008
[802.056]. Substantially the same as introduced version.
|
|
Sec. 802.009. ADOPTION OF
ACCOUNTING AND FINANCIAL STANDARDS.
|
SECTION
1.29. Substantially the same as introduced version.
|
|
SECTION 3. Title 6, Chapter
822, Insurance Code is amended to read as follows:
CHAPTER 822. GENERAL INCORPORATION
AND REGULATORY REQUIREMENTS FOR INSURANCE COMPANIES OTHER THAN LIFE,
HEALTH, OR ACCIDENT INSURANCE COMPANIES
|
SECTION
1.30. Same as introduced version.
|
|
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 822.001. APPLICABILITY
OF CHAPTER.
|
(No equivalent provision,
but no substantive change to this section in the introduced version.)
SECTION
1.31. Substantially the same as introduced version, but makes technical
corrections.
|
|
Sec. 822.002. APPLICABILITY
OF LAW GOVERNING CORPORATIONS.
|
(See
SECTION 1.03 above.)
|
|
Sec. 822.003. EFFECT ON
TRANSACTIONS BETWEEN INSURANCE COMPANIES AND OTHERS.
(Text of section stricken.)
SUBCHAPTER B. FORMATION AND STRUCTURE OF COMPANY
Sec. 822.051. FORMATION OF COMPANY.
(Text of section stricken.)
(See Sec. 801.004 in the introduced version.)
Sec. 822.052. ARTICLES OF INCORPORATION.
(Text of section stricken.)
(See Sec. 801.005 in the introduced version.)
|
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
SECTION 1.05 above.)
(See
SECTION 1.06 above.)
|
|
Sec. 822.053. COMPANY'S
NAME.
(Text of section stricken.)
(See Sec. 801.011 in the
introduced version.)
|
(See
SECTION 1.12 above.)
|
|
Sec. 822.054. CAPITAL
STOCK AND SURPLUS REQUIREMENTS.
(Text of section
stricken.)
(See Sec. 801.012 in the
introduced version.)
|
(See
SECTION 1.07 above.)
|
|
Sec. 822.055. SHARES OF
STOCK WITH PAR VALUE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.056. SHARES OF
STOCK WITHOUT PAR VALUE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.057. APPLICATION
FOR CHARTER.
(Text of section
stricken.)
(See Sec. 801.013 in the
introduced version.)
|
(See
SECTION 1.15 above.)
|
|
Sec. 822.058. ACTION BY COMMISSIONER
AFTER FILING OF APPLICATION FOR CHARTER.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.060. ACTION ON
APPLICATION.
(Text of section
stricken.)
(See Sec. 801.014 in the
introduced version.)
|
(See
SECTION 1.16 above.)
|
|
Sec. 822.061. ISSUANCE OF
CHARTER.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER C. AUTHORITY TO
ENGAGE IN BUSINESS IN THIS STATE
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.101. CERTIFICATE
OF AUTHORITY. (Text of section stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER D. MANAGEMENT
OF COMPANY
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.151. CONDUCTING
SHAREHOLDERS MEETING.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.152. BOARD OF
DIRECTORS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.153. ELECTION OF
DIRECTORS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.154. OFFICERS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.155. APPLICATION
FOR AMENDMENT OF CHARTER.
(Text of section
stricken.)
(See Sec. 801.019 above.)
|
(See
SECTION 1.21 above.)
|
|
Sec. 822.156. CERTIFICATE
REQUIRED FOR AMENDMENT OF CHARTER TO AUTHORIZE SHARES WITHOUT PAR VALUE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.157. ACTION BY
COMMISSIONER AFTER FILING OF APPLICATION FOR CHARTER AMENDMENT.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 822.158.
DETERMINATION ON APPLICATION FOR CHARTER AMENDMENT.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER BE.
CAPITAL, SURPLUS, AND GUARANTY FUND REQUIREMENTS
|
No equivalent provision.
|
|
Sec. 822.003201.
APPLICABILITY OF CAPITAL AND SURPLUS REQUIREMENTS.
|
Sec.
822.201. Substantially the same as introduced version.
|
|
Sec. 822.004202.
FULL COVERAGE AUTOMOBILE INSURANCE; DETERMINATION OF AMOUNTS.
(No change to section
text.)
|
No equivalent provision.
|
|
Sec. 822.005205.
UNENCUMBERED SURPLUS OR GUARANTY FUND REQUIREMENTS FOR CERTAIN INSURANCE
COMPANIES.
(No change to section
text.)
|
No equivalent provision.
|
|
Sec. 822.006206.
REPURCHASE OF CAPITAL STOCK BY TENDER OFFER OR PRIVATE TRANSACTION.
|
SECTION
1.32. Section 822.206. Substantially the same as introduced version.
|
|
Sec. 822.207007.
REPURCHASE OF CAPITAL STOCK ON OPEN MARKET.
|
SECTION
1.33. Section 822.207. Substantially the same as introduced version.
|
|
Sec. 822.208008.
APPLICATION FOR REPURCHASE OF COMPANY'S SHARES SUBJECT TO OTHER LAW.
(No change to section
text.)
|
No equivalent provision.
|
|
Sec. 822.209009.
REINVESTMENT OF CAPITAL STOCK.
(No change to section
text.)
|
No equivalent provision.
|
|
Sec. 822.212010.
INCREASE OF CAPITAL AND SURPLUS.
|
SECTION
1.34. Section 822.212. Substantially the same as introduced version, but
makes technical corrections.
|
|
SUBCHAPTER C. PROVISIONS
APPLICABLE TO CASUALTY INSURANCE
|
SECTION
1.35. Chapter 822, Insurance Code, is amended by adding Subchapter F to
read as follows:
SUBCHAPTER
F. PROVISIONS APPLICABLE TO CASUALTY COMPANIES
|
|
Sec. 822.250.
DEFINITIONS.
|
Sec.
822.251. Substantially the same as introduced version.
|
|
Sec. 822.251. DIVIDENDS.
|
SECTION
1.36. Sec. 822.252. Substantially the same as introduced version.
|
|
Sec. 822.252. MINIMUM
CAPITAL AND SURPLUS.
|
SECTION
1.37. Sec. 822.253. Substantially the same as introduced version.
|
|
Sec. 822.253. RULES
REGARDING CERTAIN ASSETS.
|
SECTION
1.38. Sec. 822.254. Substantially the same as introduced version.
|
|
Sec. 822.254. REAL
PROPERTY.
|
SECTION
1.39. Sec. 822.255. Substantially the same as introduced version.
|
|
Sec. 822.255. REVOCATION
OF CERTIFICATE.
|
SECTION
1.40. Sec. 822.256. Substantially the same as introduced version,
but makes technical corrections.
|
|
Sec. 822.256. PENALTY.
|
SECTION
1.41. Sec. 822.257. Substantially the same as introduced version,
but makes a technical correction.
|
|
Sec. 822.257. COLLECTION
OF PENALTY.
|
SECTION
1.42. Sec. 822.258. Substantially the same as introduced version,
but makes a technical correction.
|
|
Sec. 822.258. SECURITY
DEPOSIT.
|
SECTION
1.43. Sec. 822.259. Substantially the same as introduced version.
|
|
SECTION 4. Title 6, Chapter
841, Subchapters A - F, Insurance Code is amended to read as follows:
CHAPTER 841. LIFE, HEALTH, OR
ACCIDENT INSURANCE COMPANIES SUBCHAPTER A. GENERAL PROVISIONS
|
(No
equivalent provision, but no substantive change to this section in the
introduced version.)
|
|
Sec. 841.001. DEFINITIONS.
|
(No
equivalent provision, but no substantive change to this section in the
introduced version.)
|
|
Sec. 841.002. APPLICABILITY
OF CHAPTER AND OTHER LAW.
Sec. 841.003. APPLICABILITY
OF LAW GOVERNING CORPORATIONS.
|
SECTION
1.44. Sections 841.002 and 841.003, Insurance Code, are amended to read as
follows:
Sec.
841.002. Same as introduced version.
Sec.
841.003. Substantially the same as introduced version, but makes a
technical correction.
|
|
Sec. 841.004. NET ASSETS
DEFINED; RULES.
|
(No
equivalent provision, but no substantive change to this section in the
introduced version.)
|
|
SUBCHAPTER B. FORMATION
AND STRUCTURE OF DOMESTIC COMPANIES
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.051. FORMATION
OF COMPANY. -
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.052. ARTICLES OF
INCORPORATION.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.053. COMPANY
NAME.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.054. CAPITAL
STOCK AND SURPLUS REQUIREMENTS.
(Text of section
stricken.)
|
(See SECTION
1.07 above.)
|
|
Sec. 841.055. SHARES OF
STOCK.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.056.
REQUIREMENTS FOR SHARES OF STOCK WITH PAR VALUE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.057. REQUIREMENTS
FOR SHARES OF STOCK WITHOUT PAR VALUE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.058. APPLICATION
FOR CHARTER.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.059. ACTION BY
COMMISSIONER AND DEPARTMENT AFTER FILING.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.061. ACTION ON
APPLICATION.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.062. BEGINNING
OF CORPORATE EXISTENCE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.063.
ORGANIZATION MEETING.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER C. AUTHORITY TO
ENGAGE IN BUSINESS
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.101. CERTIFICATE
OF AUTHORITY REQUIRED.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.102. SCHEDULE OF
ASSETS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.103. ISSUANCE OF
CERTIFICATE OF AUTHORITY.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.005104.
TAX PAYMENT REQUIRED FOR ISSUANCE OF CERTAIN CERTIFICATES OF AUTHORITY.
|
SECTION
1.45. Same as introduced version.
|
|
SUBCHAPTER D. MANAGEMENT
OF COMPANY
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.151. CONDUCTING
SHAREHOLDERS' MEETING.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.152. BOARD OF
DIRECTORS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.153. ELECTION OF
DIRECTORS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.154. STAGGERED
TERMS FOR LARGE BOARD OF DIRECTORS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.155. OFFICERS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.156. AMENDMENT
OF CHARTER OR ARTICLES.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER BE.
CAPITAL AND SURPLUS
|
No equivalent provision.
|
|
Sec. 841.201. FORM OF
REQUIRED CAPITAL AND SURPLUS.
|
SECTION
1.46. Same as introduced version.
|
|
Sec. 841.202. AUTHORIZED
SHARES.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.203. COMPANY'S
REPURCHASE OF STOCK.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.204. EXEMPTION
FROM REQUIRED INCREASE OF CAPITAL AND SURPLUS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.205.
COMMISSIONER MAY REQUIRE LARGER CAPITAL AND SURPLUS AMOUNTS.
(Text of section
stricken.)
(See Sec. 801.007 in
introduced version.)
|
(See
SECTION 1.08 above.)
|
|
Sec. 841.206. IMPAIRMENT
OF CAPITAL AND SURPLUS.
(Text of section
stricken.)
(See Sec. 801.008 in
introduced version.)
|
(See
SECTION 1.09 above.)
|
|
Sec. 841.207. ACTIONS OF
COMMISSIONER WHEN CAPITAL AND SURPLUS REQUIREMENTS NOT SATISFIED.
(Text of section
stricken.)
(See Sec. 801.009 in
introduced version.)
|
(See
SECTION 1.10 above.)
|
|
SUBCHAPTER CF.
GENERAL POWERS, DUTIES, AND LIMITATIONS
|
No equivalent provision.
|
|
Sec. 841.251. EVIDENCE OF
EXPENDITURES.
|
(No
equivalent provision, but no substantive change to this section in the
introduced version.)
|
|
Sec. 841.252. PAYMENTS TO
OFFICERS, DIRECTORS, AND EMPLOYEES.
|
(No
equivalent provision, but no substantive change to this section in the
introduced version.)
|
|
Sec. 841.253. LIFE INSURANCE
COMPANY'S PAYMENT OF DIVIDENDS.
|
(No
equivalent provision, but no substantive change to this section in the
introduced version.)
|
|
Sec. 841.254. TRANSFER OF
STOCK.
|
(No
equivalent provision, but no substantive change to this section in the
introduced version.)
|
|
Sec. 841.255. ANNUAL
STATEMENT; FILING FEE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 841.2556.
BUSINESS IN SEPARATE DEPARTMENTS OF DOMESTIC INSURANCE COMPANY.
|
SECTION
1.47. Sections 841.256 and 841.257, Insurance Code, are amended to read as
follows:
Sec.
841.256. Substantially the same as introduced version.
|
|
Sec. 841.2567.
KINDS OF BUSINESS LIMITED.
|
Sec.
841.257. Substantially the same as introduced version.
|
|
Sec. 841.2578.
AGENTS FOR COMPANY THAT CEASES WRITING NEW BUSINESS.
|
No equivalent provision.
|
|
Sec. 841.2589.
ACTIVITIES OF DIRECTORS AND OFFICERS.
|
No equivalent provision.
|
|
Sec. 841.25960.
PROHIBITED COMMISSIONS.
|
No equivalent provision.
|
|
Sec. 841.2601.
CAUSES OF ACTION.
|
No equivalent provision.
|
|
SECTION 5. Title 6, Chapter
861, is repealed in its entirety.
|
Substantially
the same as introduced version. (See ARTICLE 3. REPEALER below and
redesignations of certain sections of Chapter 861.)
|
|
SECTION 6. Title 6, Chapter
882, Subchapters A - D, is amended and renumbered to read as follows:
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 882.001. APPLICABILITY
OF THIS CHAPTER AND OTHER LAW. Except to the extent of any conflict with
this chapter, a law governing a company organized under Chapter 801 and
operating under Chapter 841 applies to a mutual life insurance company organized under this chapter.
|
SECTION
1.48. Section 882.001, Insurance Code, is amended to read as follows:
Sec.
882.001. APPLICABILITY OF THIS CHAPTER AND OTHER LAW. Except to the
extent of any conflict with this chapter, a law governing a company
organized under Chapter 801 and operating under Chapter 841 applies
to a mutual life insurance company operating [organized] under this chapter.
|
|
Sec. 882.002. EXAMINATION
OF COMPANY.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.003. ANNUAL
STATEMENT.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER BE:
AGENTS
SUBCHAPTER CF:
GENERAL FINANCIAL REQUIREMENTS
SUBCHAPTER DG:
UNENCUMBERED SURPLUS REQUIREMENTS
SUBCHAPTER EH:
DIVIDENDS
SUBCHAPTER FI:
CONTINGENCY RESERVE
SUBCHAPTER GJ:
POLICY REQUIREMENTS
SUBCHAPTER HK:
TOTAL ASSUMPTION REINSURANCE AGREEMENTS
SUBCHAPTER IL:
MERGERS AND ACQUISITIONS
SUBCHAPTER JM:
CONVERSAION OF MUTUAL LIFE INSURANCE COMPANY TO STOCK LEGAL RESERVE LIFE
INSURANCE COMPANY
SUBCHAPTER KN:
CONVERSION OF CERTAIN MUTUAL ASSESSMENT COMPANIES OR ASSOCIATIONS TO MUTUAL
LIFE INSURANCE COMPANIES
SUBCHAPTER L0:
ENFORCEMENT PROVISIONS
SUBCHAPTER MP:
CONVERSION OF MUTUAL LIFE INSURANCE COMPANY TO INSURANCE HOLDING COMPANY
AND STOCK LIFE INSURANCE COMPANY
|
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
|
|
SUBCHAPTER B. FORMATION
AND STRUCTURE OF MUTUAL LIFE INSURANCE COMPANY
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.051. AUTHORITY
TO FORM COMPANY; PURPOSE.
(Text of section stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.052. FORMATION
OF COMPANY; ARTICLES OF INCORPORATION.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.053. COMPANY'S
NAME.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.054. INITIAL
BOARD OF DIRECTORS; TERM.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.055.
UNENCUMBERED SURPLUS REQUIREMENTS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.056. APPLICATION
FOR CHARTER.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.057. APPLICATION
PROCESS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.058. ACTION ON
APPLICATION.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.059. EXAMINATION
AFTER DETERMINATION.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER C. AUTHORITY TO
ENGAGE IN BUSINESS
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.101. ISSUANCE OF
CERTIFICATE OF AUTHORITY.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER D. MANAGEMENT
OF MUTUAL LIFE INSURANCE COMPANY
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.151. BOARD OF
DIRECTORS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.152. ADOPTION OF
INITIAL BYLAWS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.153. ANNUAL
MEETING.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.154. STAGGERED
TERMS FOR LARGE BOARD OF DIRECTORS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.155. VOTING BY
POLICYHOLDERS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.156. OFFICERS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.157. OFFICER
BONDS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 882.158. BYLAWS MUST
COMPLY WITH LAW.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SECTION 7. Title 6, Chapter
883, is amended to read as follows:
SUBCHAPTER A. GENERAL
PROVISIONS
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 883.001. DEFINITIONS.
|
SECTION
1.49. Same as introduced version.
|
|
Sec. 883.002. APPLICABILITY
OF CERTAIN GENERAL LAWS.
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 883.003. APPLICABILITY
OF TEXAS NON-PROFIT CORPORATION ACT.
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
SUBCHAPTER B. FORMATION,
STRUCTURE, AND MANAGEMENT OF COMPANY
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 883.051. FORMATION
OF COMPANY.
(Text of section
stricken.)
Sec. 883.052. ARTICLES OF
INCORPORATION.
(Text of section
stricken.)
Sec. 883.053. COMPANY'S
NAME.
(Text of section
stricken.)
Sec. 883.054. LOCATION OF
PRINCIPAL OR HOME OFFICE.
(Text of section
stricken.)
Sec. 883.055. BEGINNING
OF CORPORATE EXISTENCE.
(Text of section
stricken.)
Sec. 883.056. BOARD OF
DIRECTORS.
(Text of section
stricken.)
Sec. 883.057. MEMBERSHIP
OF PUBLIC OR PRIVATE ENTITIES IN COMPANY AUTHORIZED.
(Text of section
stricken.)
Sec. 883.058. MEMBERSHIP
VOTES.
(Text of section
stricken.)
SUBCHAPTER C. AUTHORITY TO
ENGAGE IN BUSINESS IN THIS STATE
Sec. 883.101. MUTUAL
INSURANCE BUSINESS.
(Text of section
stricken.)
Sec. 883.102. CHARTER AND
CERTIFICATE OF AUTHORITY REQUIRED.
(Text of section
stricken.)
Sec. 883.103.
AUTHORIZATION OF FOREIGN MUTUAL INSURANCE COMPANY TO ENGAGE IN BUSINESS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER BD.
POWERS, DUTIES, AND OPERATION OF COMPANY
|
No equivalent provision.
|
|
Sec. 883.004152.
PRIOR AUTHORITY NOT AFFECTED.
(No change to section
text.)
Sec. 883.005153.
POLICY RATES.
(No change to section
text.)
Sec. 883.006154.
MAXIMUM PREMIUMS.
(No change to section
text.)
Sec. 883.007155.
ISSUANCE OF POLICY FOR CASH PREMIUM ONLY.
(No change to section
text.)
Sec. 883.008156.
ASSESSMENT ON POLICYHOLDERS.
(No change to section
text.)
Sec. 883.009157.
REINSURANCE OF POLICY.
(No change to section
text.)
Sec. 883.010158.
REQUIREMENTS FOR COMPANIES WRITING BONDS.
(No change to section
text.)
Sec. 883.011159.
NECESSARY OR INCIDENTAL POWERS.
(No change to section
text.)
Sec. 883.012160.
RIGHTS AND PRIVILEGES OF CERTAIN COMPANIES RETAINED.
(No change to section
text.)
Sec. 883.013161.
DIVIDENDS.
(No change to section
text.)
Sec. 883.014162.
LOANS TO COMPANY.
(No change to section
text.)
|
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
No equivalent provision.
|
|
Sec. 883.015163.
IMMEDIATE NOTIFICATION WHEN ASSETS ARE INSUFFICIENT; EXAMINATION. The
president and the secretary of a mutual insurance company shall immediately
notify the commissioner any time the admitted assets of the company are
less than the largest single risk for which the company is liable. The
commissioner may make an examination into the affairs of the company as the
commissioner considers best.
|
SECTION
1.50. Section 883.163, Insurance Code, is amended to read as follows:
Sec.
883.163. IMMEDIATE NOTIFICATION WHEN ASSETS ARE INSUFFICIENT;
EXAMINATION. The president and the secretary of a mutual insurance company
operating under this chapter [the
law providing for the incorporation of mutual fire, lightning, hail, and
storm insurance companies] shall immediately notify the commissioner
any time the admitted assets of the company are less than the largest
single risk for which the company is liable. The commissioner may make an
examination into the affairs of the company as the commissioner considers
best.
|
|
SUBCHAPTER CE.
REGULATION OF COMPANY
|
No equivalent provision.
|
|
Sec. 883.201. SURPLUS
REQUIREMENTS.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 883.202. REQUIRED
DEPOSIT FOR COMPANIES WRITING BONDS.
(Text of section stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 883.016203.
RESERVES.
(No change to section
text.)
|
No equivalent provision.
|
|
Sec. 883.204. ANNUAL REPORT.
(Text of section stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 883.017205.
EXAMINATION OF FOREIGN MUTUAL INSURANCE COMPANY.
(No change to section
text.)
Sec. 883.018206.
FEES.
(No change to section
text.)
Sec. 883.019207.
PREMIUM TAX.
(No change to section
text.)
|
No equivalent provision.
No equivalent provision.
No equivalent provision.
|
|
SUBCHAPTER O. CRIMINAL
PENALTIES
Sec. 883.701. VIOLATION
OF CHAPTER.
(Text of section
stricken.)
Sec. 883.702. FAILURE TO
REPORT CONDITION.
(Text of section
stricken.)
Sec. 883.703. FALSE
STATEMENT OR MISAPPROPRIATION.
(Text of section
stricken.)
Sec. 883.704.
UNAUTHORIZED MUTUAL FIRE INSURANCE.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
|
|
SECTION 8. Title 6, Chapter
982, is amended to read as follows:
SUBCHAPTER A. GENERAL
PROVISIONS
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 982.001. DEFINITIONS.
Sec. 982.002. APPLICABILITY
OF CHAPTER.
Sec. 982.003. LIFE INSURANCE
COMPANIES WANTING TO LOAN MONEY.
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 982.004. FINANCIAL
STATEMENTS OF FOREIGN OR ALIEN INSURANCE COMPANIES.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER B. AUTHORITY
TO ENGAGE IN BUSINESS
Sec. 982.051. CERTIFICATE
OF AUTHORITY REQUIRED FOR LIFE, HEALTH, OR ACCIDENT COMPANIES.
(Text of section
stricken.)
Sec. 982.052. CERTIFICATE
OF AUTHORITY REQUIRED FOR OTHER COMPANIES.
(Text of section
stricken.)
|
(See repealed
provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
|
|
SUBCHAPTER C.
REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
|
No equivalent provision.
|
|
Sec. 982.101. FILING OF FINANCIAL
STATEMENT BY LIFE, HEALTH, OR ACCIDENT INSURANCE COMPANY.
(Text of section
stricken.)
Sec. 982.102. FILING OF
FINANCIAL STATEMENT BY OTHER INSURANCE COMPANY; EXAMINATION.
(Text of section
stricken.)
Sec. 982.103. FILING OF
FINANCIAL STATEMENT BY ALIEN INSURANCE COMPANY.
(Text of section
stricken.)
Sec. 982.104. FILING OF
ARTICLES OF INCORPORATION.
(Text of section
stricken.)
Sec. 982.105. CAPITAL
STOCK AND SURPLUS REQUIREMENTS FOR LIFE, HEALTH, OR ACCIDENT INSURANCE COMPANIES.
(Text of section
stricken.)
Sec. 982.106. CAPITAL
STOCK AND SURPLUS REQUIREMENTS FOR OTHER INSURANCE COMPANIES.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 982.107. APPLICABILITY
OF OTHER LAW.
Sec. 982.108. DEPOSIT
REQUIREMENTS FOR ALIEN INSURANCE COMPANY.
Sec. 982.109. DURATION OF
DEPOSIT BY LIFE, HEALTH, OR ACCIDENT INSURANCE COMPANIES.
Sec. 982.110. DURATION OF
DEPOSIT FOR OTHER INSURANCE COMPANIES.
Sec. 982.111. EXCEPTION TO
DEPOSIT REQUIREMENT: TRUSTEED ASSETS.
Sec. 982.112. EXCEPTION TO
DEPOSIT REQUIREMENT: DEPOSIT WITH OFFICER IN ANOTHER STATE.
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 982.113. ISSUANCE OF
CERTIFICATE OF AUTHORITY TO LIFE, HEALTH, OR ACCIDENT INSURANCE COMPANY.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 982.114. PAYMENT OF TAX
BY FOREIGN OR ALIEN LIFE INSURANCE COMPANY.
SUBCHAPTER BD.
TRUSTEED ASSETS OF ALIEN INSURANCE COMPANIES
Sec. 982.201. DEED OF
TRUST: GENERAL PROVISIONS.
Sec. 982.202. DEED OF
TRUST: APPROVAL BY COMMISSIONER.
Sec. 982.203. LOCATION OF
TRUSTEED ASSETS.
Sec. 982.204. WITHDRAWAL OF
TRUSTEED ASSETS.
SUBCHAPTER CE.
TRUSTEED SURPLUS OF ALIEN INSURANCE COMPANIES
Sec. 982.251. TRUSTEED
SURPLUS OF ALIEN INSURANCE COMPANY.
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
No equivalent provision.
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
No equivalent provision.
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 982.252. FORM AND
CONTENTS OF FINANCIAL STATEMENT OF ALIEN INSURANCE COMPANY.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
Sec. 982.253. IMPAIRMENT OF
TRUSTEED SURPLUS.
|
SECTION
1.51. Same as introduced version.
|
|
Sec. 982.254. FAILURE TO
ELIMINATE IMPAIRMENT OF TRUSTEED SURPLUS.
Sec. 982.255. EXAMINATION OF
ALIEN INSURANCE COMPANY.
SUBCHAPTER D F.
PROVISIONS APPLICABLE TO CERTAIN COMPANIES
Sec. 982.301. APPLICABILITY
OF SUBCHAPTER.
Sec. 982.302. REINSURANCE
NOT PROHIBITED.
Sec. 982.303. TEXAS LAW ACCEPTED.
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
No equivalent provision.
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 982.304. SAME OR
DECEPTIVELY SIMILAR NAME.
(Text of section
stricken.)
(See Sec. 801.012 above.)
|
(See
SECTION 1.13 above.)
|
|
Sec. 982.305. LIMITATION ON
ACTIONS IN OTHER STATE COURTS.
|
(No
equivalent provision, but introduced version does not substantially change
this section.)
|
|
Sec. 982.306. DEPOSIT FOR
FOREIGN CASUALTY COMPANY NOT REQUIRED.
(Text of section
stricken.)
|
(See
repealed provisions in SECTION 3.01 below.)
|
|
No
equivalent provision.
|
ARTICLE
2. CONFORMING AMENDMENTS
|
|
No
equivalent provision.
|
SECTION
2.01. Section 34.004, Insurance Code, is amended to read as follows:
Sec.
34.004. IMMUNITY FOR USE OF ANNUAL OR QUARTERLY STATEMENT
INFORMATION. (a) A person is not liable in a civil action, including an
action for libel or slander, for collecting, reviewing, analyzing,
disseminating, or reporting information collected from annual or
quarterly statements filed under Chapter 802 if the person is:
(1) the
department, the commissioner, or an employee of the department;
(2) a
member or employee of or delegate to the National Association of Insurance
Commissioners or an authorized committee, subcommittee, or task force of
that association; or
(3)
another person who is responsible for collecting, reviewing, analyzing, and
disseminating information from filed annual statement convention blanks.
(b)
Subsection (a) does not apply to a person who acts with malice.
|
|
No
equivalent provision.
|
SECTION
2.02. Section 38.003(b), Insurance Code, is amended to read as follows:
(b) For
purposes of this section, "insurer" means a reciprocal or
interinsurance exchange, mutual insurance company, capital stock company,
county mutual insurance company, Lloyd's plan, life, accident, or health or
casualty insurance company, health maintenance organization, mutual life
insurance company, mutual insurance company other than life, mutual, or
natural premium life insurance company, [general] casualty company,
fraternal benefit society, group hospital service company, or other legal
entity engaged in the business of insurance in this state. The term
includes an affiliate as described by Section 823.003(a) if that affiliate
is authorized to write and is writing insurance in this state.
|
|
No
equivalent provision.
|
SECTION
2.03. Section 222.001(a), Insurance Code, is amended to read as follows:
(a) This
chapter applies to any insurer, including a group hospital service
corporation, any health maintenance organization, and any managed care
organization that receives gross premiums or revenues subject to taxation
under Section 222.002, including companies operating under Subchapter F,
Chapter 822, or Chapter 841, 842, 843, [861,] 881, 882, 883,
884, 941, 942, 982, or 984, Insurance Code, Chapter 533, Government Code,
or Title XIX of the federal Social Security Act.
|
|
No
equivalent provision.
|
SECTION
2.04. Section 401.001(4), Insurance Code, is amended to read as follows:
(4)
"Insurer" means an insurer authorized to engage in business in
this state, including:
(A) a
life, health, or accident insurance company;
(B) a
fire and marine insurance company;
(C) a [general]
casualty company;
(D) a
title insurance company;
(E) a
fraternal benefit society;
(F) a
mutual life insurance company;
(G) a
local mutual aid association;
(H) a
statewide mutual assessment company;
(I) a
mutual insurance company other than a mutual life insurance company;
(J) a
farm mutual insurance company;
(K) a
county mutual insurance company;
(L) a
Lloyd's plan;
(M) a
reciprocal or interinsurance exchange;
(N) a
group hospital service corporation;
(O) a
stipulated premium company; and
(P) a
nonprofit legal services corporation.
|
|
No
equivalent provision.
|
SECTION
2.05. Section 404.004, Insurance Code, is amended to read as follows:
Sec.
404.004. CONSTRUCTION WITH LAW RELATING TO CAPITAL AND SURPLUS. The
commissioner's authority under Section 404.003 to require an increase in an
insurer's capital and surplus by contribution, and any capital and surplus
requirements imposed by the commissioner under that section, prevail over:
(1) the
capital and surplus requirements of:
(A)
Sections 801.023, 801.024, 801.026, 822.201, 822.202 [822.054,
822.201-822.203], 822.205, 822.212 [822.210-822.212, 841.054],
841.201, [841.204, 841.205, 841.207,] 884.206, 884.308, and 884.309;
and
(B)
Subchapter G, Chapter 841;
(2) any
other provision of this code or other law establishing capital and surplus
requirements for insurers; and
(3) any
rule adopted under a law described by Subdivision (1) or (2).
|
|
No
equivalent provision.
|
SECTION
2.06. Section 404.053(a), Insurance Code, is amended to read as follows:
(a) The
commissioner shall order an insurer to remedy an impairment of the
insurer's surplus, aggregate surplus, or aggregate of guaranty fund and
surplus, as applicable, by bringing the surplus to an acceptable level
specified by the commissioner, or to cease engaging in business in this
state, if the commissioner determines that:
(1) the
surplus required by Section 801.023 [822.054], 822.202, [822.203,]
822.205, [822.210, 822.211,] or 822.212 of a stock insurance company
engaged in the kind of insurance business described by the company's
certificate of authority:
(A) is
impaired by more than 50 percent; or
(B) is
less than the minimum level of surplus required by risk-based capital and
surplus rules adopted by the commissioner; or
(2) the
required aggregate of guaranty fund and surplus of a Lloyd's plan, or the
required aggregate surplus of a reciprocal or interinsurance exchange or of
a mutual company, other than a life insurance company, engaged in the kind
of insurance business described by the insurer's certificate of authority:
(A) is
impaired by more than 25 percent; or
(B) is
less than the minimum level of surplus required by risk-based capital and
surplus rules adopted by the commissioner.
|
|
No
equivalent provision.
|
SECTION
2.07. Section 424.001(2), Insurance Code, is amended to read as follows:
(2)
"Minimum capital and surplus" means the minimum amount of capital
stock and minimum amount of surplus required of an insurer under Section 801.023
[822.054 or 822.210].
|
|
No
equivalent provision.
|
SECTION
2.08. Section 424.056(a), Insurance Code, is amended to read as follows:
(a) Each
insurer's board of directors, or, if the insurer does not have a board of
directors, the corresponding authority designated by the insurer's charter,
bylaws, or plan of operation, shall adopt a written investment plan
consistent with the requirements of:
(1) this
chapter;
(2)
Sections 822.255 [822.204, 822.209, 861.258,] and 862.002;
and
(3)
other statutes governing investments by the insurer.
|
|
No
equivalent provision.
|
SECTION
2.09. Section 424.058, Insurance Code, is amended to read as follows:
Sec.
424.058. AUTHORIZED INVESTMENTS: FORM OF MINIMUM CAPITAL AND SURPLUS. An
insurer may invest the insurer's funds in excess of minimum capital and
surplus in any manner authorized by Subchapter A-1, Chapter 801, [Section
822.204] for investment of the insurer's minimum capital and surplus.
|
|
No
equivalent provision.
|
SECTION
2.10. Section 443.003, Insurance Code, is amended to read as follows:
Sec.
443.003. COVERED PERSONS. The provisions of this chapter apply to all:
(1)
insurers who are doing or have done an insurance business in this state and
against whom claims arising from that business may exist now or in the future
and to all persons subject to examination by the commissioner;
(2)
insurers who purport to do an insurance business in this state;
(3)
insurers who have insureds resident in this state;
(4)
other persons organized or doing insurance business, or in the process of
organizing with the intent to do insurance business in this state;
(5)
nonprofit health corporations and all fraternal benefit societies subject
to Chapters 844 and 885, respectively;
(6)
title insurance companies subject to Title 11;
(7)
health maintenance organizations subject to Chapter 843; and
(8)
surety and trust companies subject to Chapter 7, [general] casualty
companies subject to Subchapter F, Chapter 822 [861],
statewide mutual assessment companies subject to Chapter 881, mutual
insurance companies subject to Chapter 882 or 883, local mutual aid
associations subject to Chapter 886, burial associations subject to Chapter
888, farm mutual insurance companies subject to Chapter 911, county mutual
insurance companies subject to Chapter 912, Lloyd's plans subject to
Chapter 941, reciprocal or interinsurance exchanges subject to Chapter 942,
and fidelity, guaranty, and surety companies.
|
|
No
equivalent provision.
|
SECTION
2.11. Section 443.004(a)(13), Insurance Code, is amended to read as
follows:
(13)
"Insolvency" or "insolvent" means an insurer:
(A) is
unable to pay its obligations when they are due;
(B) does
not have admitted assets at least equal to all its liabilities; or
(C) has
a total adjusted capital that is less than that required under:
(i)
Chapter 801 [822], 841, or 843, as applicable; or
(ii)
applicable rules or guidelines adopted by the commissioner under Section 801.024
[822.210, 841.205,] or 843.404.
|
|
No
equivalent provision.
|
SECTION
2.12. Section 464.052(b), Insurance Code, is amended to read as follows:
(b) The
commissioner may identify collected penalties to be deposited into the fund
account from:
(1)
administrative penalties assessed by the commissioner for violations of
Chapter 101 or penalties under Section 822.257 [861.702],
including amounts collected through state warrant holds;
(2)
civil penalties assessed under Chapter 101 when the commissioner is the
party requesting penalties;
(3)
administrative penalties assessed by the commissioner against a person
holding a certificate of authority, license, registration, or other
authorization to engage in the business of insurance that is issued or
recognized by the commissioner for engaging in conduct outside the scope of
the person's certificate, license, registration, or authorization;
(4)
administrative penalties assessed by the commissioner against a person
holding a certificate of authority, license, registration, or authorization
issued or recognized by the commissioner for using unapproved forms, rates,
or advertisements if the forms, rates, or advertisements are required to be
approved by the commissioner before being used in this state; and
(5)
forfeitures of bonds issued under Section 101.353 or 101.354.
|
|
No
equivalent provision.
|
SECTION
2.13. Section 541.082(a), Insurance Code, is amended to read as follows:
(a) In
this section, "insurer" includes:
(1) a
life insurance company;
(2) a
health insurance company;
(3) an
accident insurance company;
(4) a [general]
casualty company;
(5) a
mutual life insurance company or other mutual insurance company;
(6) a
mutual or natural premium life insurance company;
(7) a
Lloyd's plan;
(8) a
county mutual insurance company;
(9) a
farm mutual insurance company;
(10) a
reciprocal or interinsurance exchange;
(11) a
fraternal benefit society;
(12) a
local mutual aid association;
(13) a
health maintenance organization;
(14) a
group hospital service corporation; or
(15) a
multiple employer welfare arrangement that holds a certificate of coverage
under Chapter 846.
|
|
No
equivalent provision.
|
SECTION
2.14. Section 544.101(1), Insurance Code, is amended to read as follows:
(1)
"Health benefit plan issuer" means an insurance company,
association, organization, group hospital service corporation, or health maintenance
organization that delivers or issues for delivery an individual, group,
blanket, or franchise insurance policy or insurance agreement, a group
hospital service contract, or an evidence of coverage that provides health
insurance or health care benefits. The term includes:
(A) a
life, health, and accident insurance company operating under Chapter 841 or
982;
(B) a [general]
casualty insurance company operating under Subchapter F, Chapter 822
[861];
(C) a
fraternal benefit society operating under Chapter 885;
(D) a
mutual life insurance company operating under Chapter 882;
(E) a
local mutual aid association operating under Chapter 886;
(F) a
statewide mutual assessment company operating under Chapter 881;
(G) a
mutual assessment company or mutual assessment life, health, and accident
association operating under Chapter 887;
(H) a
mutual insurance company operating under Chapter 883 that writes coverage
other than life insurance;
(I) a
Lloyd's plan operating under Chapter 941;
(J) a
reciprocal exchange operating under Chapter 942; and
(K) a
stipulated premium company operating under Chapter 884.
|
|
No
equivalent provision.
|
SECTION
2.15. Section 803.001(1), Insurance Code, is amended to read as follows:
(1)
"Domestic company" means any entity licensed, chartered, or
organized under this code, including:
(A) a
county mutual insurance company;
(B) a
farm mutual insurance company;
(C) a
fire and marine insurance company;
(D) a
fraternal benefit society;
(E) a [general]
casualty company;
(F) a
group hospital service corporation;
(G) a
health maintenance organization;
(H) a
life, health, and accident insurance company;
(I) a
Lloyd's plan;
(J) a
local mutual aid association;
(K) a
mutual life insurance company;
(L) a
mutual insurance company other than a mutual life insurance company;
(M) a
nonprofit legal services corporation;
(N) a
reciprocal exchange;
(O) a
statewide mutual assessment company;
(P) a
stipulated premium insurance company;
(Q) a
surety and trust company; and
(R) a title
insurance company.
|
|
No
equivalent provision.
|
SECTION
2.16. Section 826.203, Insurance Code, is amended to read as follows:
Sec.
826.203. APPLICABILITY OF CERTAIN LAWS; INCORPORATION. A mutual holding
company that results from the reorganization of a domestic mutual insurance
company operating [organized] under Chapter 883 must be
organized under Chapter 801 [Sections 883.051, 883.052, 883.054,
and 883.056]. The articles of incorporation, and any amendments to
those articles, of the mutual holding company are subject to approval of
the commissioner in the same manner as those of a mutual insurance company.
|
|
No
equivalent provision.
|
SECTION
2.17. Section 829.004(d), Insurance Code, is amended to read as follows:
(d) A
mutual holding company that results from a reorganization of an exchange
must be organized under Chapter 801 [Sections 883.051, 883.052,
883.054, and 883.056]. The articles of incorporation of the mutual
holding company, and any amendments to those articles, are subject to
approval of the commissioner in the same manner as those of a mutual
insurance company.
|
|
No
equivalent provision.
|
SECTION
2.18. Sections 841.301(a) and (c), Insurance Code, are amended to read as
follows:
(a) A
domestic insurance company may not assume liability on or indemnify one
person for any risk under one or more accident, health, or hospitalization
insurance policies, or a combination of those policies, in an amount that
exceeds $10,000, unless the amount of the issued, outstanding, and stated
capital of the company is at least equal to the minimum amount of capital
required for a newly incorporated company under Section 801.023 [841.054].
(c) A
domestic insurance company that is exempt under Subsection (b) shall
maintain its issued, outstanding, and stated capital in an amount that is
at least $100,000 and is at least:
(1) the
amount of capital held by the company on December 31, 1991, plus 10 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 1993;
(2) the
amount of capital held by the company on December 31, 1991, plus 20 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 1994;
(3) the
amount of capital held by the company on December 31, 1991, plus 30 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 1995;
(4) the
amount of capital held by the company on December 31, 1991, plus 40 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 1996;
(5) the
amount of capital held by the company on December 31, 1991, plus 50 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 1997;
(6) the
amount of capital held by the company on December 31, 1991, plus 60 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 1998;
(7) the
amount of capital held by the company on December 31, 1991, plus 70 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 1999;
(8) the
amount of capital held by the company on December 31, 1991, plus 80 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 2000; and
(9) the
amount of capital held by the company on December 31, 1991, plus 90 percent
of the difference between that amount and an amount equal to the minimum
amount of capital required for a newly incorporated company under former
Section 841.054, if the last date that the company writes a policy
described by Subsection (a) is during 2001.
|
|
No
equivalent provision.
|
SECTION
2.19. Sections 843.155(c) and (d), Insurance Code, are amended to read as
follows:
(c)
Sections 36.108 and 201.055 and Chapter 802 apply to the annual and
quarterly reports [report] of a health maintenance organization.
(d) The
annual and quarterly reports [report] filed by the health
maintenance organization shall be made publicly available on the
department's Internet website in a user-friendly format that allows
consumers to make direct comparisons of the financial and other data
reported by health maintenance organizations under this section.
|
|
No
equivalent provision.
|
SECTION
2.20. Section 862.002(e), Insurance Code, is amended to read as follows:
(e)
Section 822.255 [861.258] applies to real property acquired
under Subsection (c)(1), (2), or (3).
|
|
No
equivalent provision.
|
SECTION
2.21. Section 862.151, Insurance Code, is amended to read as follows:
Sec.
862.151. REDUCTION OF CAPITAL STOCK AND PAR VALUE OF SHARES. (a) If the
minimum surplus of a fire, marine, or inland marine insurance company is
impaired in excess of the amount permitted under Subchapter B, Chapter 404,
the commissioner may allow the company to amend its charter [as provided
by Sections 822.157 and 822.158] to reduce the amount of the company's
capital stock and the par value of its shares in proportion to the extent
of the permitted amount of impairment.
(b) A
company acting under Subsection (a):
(1) [may
not reduce the par value of its shares below the sum computed under Section
822.055;
[(2)]
may not deduct from the assets and property on hand more than $125,000;
(2)
[(3)] shall retain the remainder of the assets and property on hand
as surplus assets;
(3)
[(4)] may not distribute any of the assets or property to the
shareholders; and
(4)
[(5)] may not reduce the capital stock or surplus of the company to
an amount less than the minimum capital and the minimum surplus required by
Section [Sections] 822.202, [822.210, and 822.211,]
subject to Subchapter B, Chapter 404.
|
|
No
equivalent provision.
|
SECTION
2.22. Section 862.152(b), Insurance Code, is amended to read as follows:
(b) The
company shall promptly call on its shareholders for an amount necessary to
make the company's capital and surplus equal to the amount required by Section
801.023 [Sections 822.054 and 822.210], subject to Subchapter B,
Chapter 404.
|
|
No
equivalent provision.
|
SECTION
2.23. Section 862.153(a), Insurance Code, is amended to read as follows:
(a) If a
shareholder of the insurance company who is given notice under Section
862.152 does not pay the amount called for by the company under that
section, the company may:
(1)
require the return of the original certificate of stock held by the shareholder;
and
(2)
issue a new certificate for a number of shares that the shareholder may be
entitled to in the proportion that the value of the funds of the company,
computed without inclusion of any money or other property paid by
shareholders in response to the notice under Section 862.152, bears to the
total amount of the original capital and the minimum surplus of the company
required by Section 801.023 [822.054 or 822.210], subject to
Subchapter B, Chapter 404.
|
|
No
equivalent provision.
|
SECTION
2.24. Section 862.154, Insurance Code, is amended to read as follows:
Sec.
862.154. CREATION AND DISPOSAL OF NEW STOCK. (a) A fire, marine, or
inland marine insurance company that complies with Section 801.037 [Sections
822.155, 822.157, and 822.158] may:
(1)
create new stock;
(2)
dispose of the new stock according to applicable law; and
(3)
issue new certificates for the new stock.
(b) The
insurance company shall sell any new stock created under Subsection (a) for
an amount sufficient to make up any impairment of the company's required
minimum capital and to make up the surplus of the company as required by
Section 801.023 [822.054 or 822.210], subject to Subchapter
B, Chapter 404, but may not impair the capital of the company.
|
|
No
equivalent provision.
|
SECTION
2.25. Section 882.201, Insurance Code, is amended to read as follows:
Sec.
882.201. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a
mutual life insurance company organized under this chapter that has a
surplus of at least the minimum amount of capital and surplus required of a
capital stock company under Sections 801.023, 801.024 [841.054,
841.204, 841.205], 841.301, and 841.302.
|
|
No
equivalent provision.
|
SECTION
2.26. Section 882.301(a), Insurance Code, is amended to read as follows:
(a) A
mutual life insurance company that engages in the business of insurance in
this state shall maintain an unencumbered surplus of at least $100,000 that
consists of cash or classes of investment authorized by Section 801.023
[as provided by Section 882.055].
|
|
No
equivalent provision.
|
SECTION
2.27. Section 882.451, Insurance Code, is amended to read as follows:
Sec.
882.451. APPLICABILITY OF CERTAIN PROVISIONS. Sections 882.452, 882.453,
and 882.454 do not apply to a mutual life insurance company organized under
this chapter that has a surplus of at least the minimum amount of capital
and surplus required of a capital stock company under Sections 801.023,
801.024 [841.054, 841.204, 841.205], 841.301, and 841.302.
|
|
No
equivalent provision.
|
SECTION
2.28. Section 882.556(c), Insurance Code, is amended to read as follows:
(c) At a
meeting under Subsection (a), each policyholder[:
[(1)
is entitled to the number of votes as provided by Section 882.155; and
[(2)]
may vote:
(1)
[(A)] in person;
(2)
[(B)] by written proxy; or
(3)
[(C)] by mailed ballot.
|
|
No
equivalent provision.
|
SECTION
2.29. Section 882.701, Insurance Code, is amended to read as follows:
Sec.
882.701. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a
mutual life insurance company organized under this chapter that has a
surplus of at least the minimum amount of capital and surplus required of a
capital stock company under Sections 801.023, 801.024 [841.054,
841.204, 841.205], 841.301, and 841.302.
|
|
No
equivalent provision.
|
SECTION
2.30. Section 884.002(c), Insurance Code, is amended to read as follows:
(c) The
following provisions of this code apply to a stipulated premium company:
(1)
Article 21.47;
(2)
Section 38.001;
(3)
Chapter 86;
(4)
Subchapter A, Chapter 401;
(5)
Sections 401.051, 401.052, 401.054-401.062, 401.151, 401.152, 401.155, and
401.156;
(6)
Sections 403.001, 403.052, and 403.102;
(7)
Subchapter A, Chapter 404;
(8)
Section 421.001;
(9)
Subchapter D, Chapter 425;
(10)
Chapter 443;
(11)
Chapter 492, other than Sections 492.051(b) and (c);
(12)
Chapter 541;
(13)
Sections 801.001 and 801.002 [801.001-801.002];
(14)
Sections 801.052-801.055 [801.051-801.055];
(15)
Section 801.057;
(16)
Sections 801.101-801.102;
(17)
Subchapter A, Chapter 821;
(18)
Chapter 824;
(19)
Chapter 828;
(20)
Section 841.251;
(21)
Section 841.259;
(22)
Section 841.261;
(23)
Section 841.703; and
(24)
Chapter 4152.
|
|
No
equivalent provision.
|
SECTION
2.31. Section 884.402, Insurance Code, is amended to read as follows:
Sec.
884.402. ADDITIONAL COVERAGE. A stipulated premium company that, at the
time it begins to issue coverages under this subchapter, possesses the
amounts of capital and unencumbered surplus equal to or greater than the
corresponding amounts required for organization of a life and health
company under Sections 801.023, 801.024 [841.052, 841.054,
841.204, 841.205], 841.301, and 841.302 may, subject to Section
884.403:
(1)
issue any kind of life insurance coverage authorized by Chapter 3, 841, or
1701 or Title 7;
(2)
issue any kind of health or accident insurance coverage authorized by:
(A)
Title 7;
(B)
Chapter 3, 704, 841, 846, 982, 1201, 1202, 1203, 1210, 1251, 1252, 1253,
1254, 1301, 1351, 1354, 1359, 1364, 1368, 1501, 1504, 1505, 1506, 1552,
1575, 1576, 1579, 1581, 1625, 1651, 1652, or 1701;
(C)
Chapter 492, other than Sections 492.051(b) and (c);
(D)
Subchapter B, Chapter 38, Subchapter D, Chapter 425, Subchapter A or F,
Chapter 1204, Subchapter A, Chapter 1273, Subchapter A, B, or D, Chapter
1355, Subchapter A, Chapter 1366, Subchapter A, Chapter 1507;
(E)
Section 1204.151, 1204.153, 1204.154, or 1451.051; or
(F)
Chapter 177, Local Government Code; or
(3)
issue life insurance coverage through policies without cash surrender values
or nonforfeiture values and that exceed $10,000 on one life.
|
|
No
equivalent provision.
|
SECTION
2.32. Sections 885.453(c) and (d), Insurance Code, are amended to read as
follows:
(c) If
the fraternal benefit society is converting to a mutual life insurance
company:
(1) the
resolution authorizing the conversion must also state the amount of the
unencumbered surplus;
(2) the
amount and form of the unencumbered surplus must comply with Sections [882.055,]
882.301(a), 882.302, 882.304, and 882.404; and
(3) the
conversion must comply with Chapter 801 [Sections 882.056(a) and
(b), 882.057, 882.058, 882.059, and 882.101].
(d) If
the fraternal benefit society is converting to an incorporated stock
company:
(1) the
resolution authorizing the conversion must also state:
(A) the
amount of the surplus, the amount of capital stock authorized, and the
number of shares into which the capital stock is divided; and
(B) the
amount of capital stock to be immediately paid in;
(2) the
amounts and form of the surplus and capital must comply with Sections 801.023,
801.024 [841.054, 841.055, 841.056, 841.057, 841.204, 841.205],
841.301, and 841.302; and
(3) the
conversion must comply with Chapter 801 [Sections 841.058,
841.059(a)(1), 841.060, 841.061, 841.062, and 841.063].
|
|
No
equivalent provision.
|
SECTION
2.33. Section 887.003(b), Insurance Code, is amended to read as follows:
(b)
Except as provided by Section 887.004, this chapter applies to insurance
companies and associations, whether incorporated or not:
(1) that
issue policies or certificates of insurance on the lives of individuals on
a mutual assessment plan or that provide health and accident benefits on a
mutual assessment plan or whose funds are derived from assessments on
certificate holders or members; and
(2) that
are not governed by:
(A) Subchapter
F, Chapter 882;
(B)
Chapter 841, [861,] 882, 883, 885, 941, or 942; or
(C)
[(B)] Chapter 5, Title 78, Revised Statutes, as provided by Section
18, Chapter 40, Acts of the 41st Legislature, 1st Called Session, 1929, as
amended by Section 1, Chapter 60, General Laws, Acts of the 41st
Legislature, 2nd Called Session, 1929.
|
|
No
equivalent provision.
|
SECTION
2.34. Section 887.504, Insurance Code, is amended to read as follows:
Sec.
887.504. AMENDMENT OF CHARTER OR ARTICLES OF ASSOCIATION REQUIRED. On
authorization under Section 887.503, the board of directors and officers of
the association shall amend the association's charter or articles of
association to comply with Chapter 801 as applicable to a stock legal
reserve life insurance company [Sections 841.051, 841.052, and
841.053].
|
|
No
equivalent provision.
|
SECTION
2.35. Section 911.001(c), Insurance Code, is amended to read as follows:
(c)
Except to the extent of any conflict with this chapter, the following
provisions apply to a farm mutual insurance company:
(1)
Subchapter A, Chapter 32;
(2)
Subchapter D, Chapter 36;
(3)
Sections 31.002(2), 32.021(c), 32.023, 32.041, 33.002, 38.001,
81.001-81.004, 201.005, 201.055, 401.051, 401.052, 401.054-401.062, 401.103-401.106,
401.151, 401.152, 401.155, 401.156, 421.001, 801.052-801.055 [801.051-801.055],
801.057, 801.101, 801.102, [822.204,] 841.004, 841.251, 841.252,
862.101, 1806.001, 1806.101, 1806.103(b), and 1806.104-1806.107;
(4)
Chapter 86;
(5)
Subchapter A, Chapter 401;
(6)
Subchapter B, Chapter 404;
(7)
Chapter 422;
(8)
Subchapter B, Chapter 424, other than Section 424.052, 424.072, or 424.073;
(9)
Chapter 441;
(10)
Chapter 443;
(11)
Chapter 462;
(12)
Chapter 481;
(13)
Chapter 541;
(14)
Chapter 802;
(15)
Subchapter A, Chapter 805;
(16)
Chapter 824; and
(17)
Article 1.09-1.
|
|
No
equivalent provision.
|
SECTION
2.36. Section 911.101, Insurance Code, is amended to read as follows:
Sec.
911.101. AUTHORITY TO ENGAGE IN BUSINESS. Except to the extent of any
conflict with this chapter, a farm mutual insurance company must hold a
certificate of authority under Chapter 801 [Section 801.051]
to engage in the business of insurance in this state under this chapter.
|
|
No
equivalent provision.
|
SECTION
2.37. Section 911.308(c), Insurance Code, is amended to read as follows:
(c) A
company described by Subsection (b) shall invest the minimum unencumbered
surplus as provided by Subchapter A-1, Chapter 801 [Section
822.204]. The company may invest funds in excess of the minimum
unencumbered surplus as provided by the provisions of Subchapter B, Chapter
424, other than Sections 424.052, 424.072, and 424.073.
|
|
No
equivalent provision.
|
SECTION
2.38. Section 912.002(b), Insurance Code, is amended to read as follows:
(b) A
county mutual insurance company is subject to:
(1)
Sections 38.001, 401.051, 401.052, 401.054-401.062, 401.151, 401.152,
401.155, 401.156, 501.159, 501.202, 501.203, [822.204,] 1806.001,
1806.101, 1806.103(b), 1806.104-1806.107, 2002.002, and 2002.005;
(2)
Subchapter A, Chapter 86;
(3)
Subchapter A, Chapter 401;
(4) the
provisions of Subchapter B, Chapter 424, other than Sections 424.052,
424.072, and 424.073;
(5)
Chapters 221, 251, 252, 254, 541, and 2210; and
(6)
Articles 5.39 and 5.40.
|
|
No
equivalent provision.
|
SECTION
2.39. Section 912.308, Insurance Code, is amended to read as follows:
Sec.
912.308. AMOUNT AND INVESTMENT OF SURPLUS. (a) A county mutual insurance
company shall maintain an unencumbered surplus which may be invested only as
provided by Subchapter A-1, Chapter 801 [in items listed in Section
822.204]. The unencumbered surplus must be at least:
(1)
$25,000, if the company is organized to write insurance coverage locally in
only the county of its domicile;
(2)
$50,000, if the company is organized to write insurance coverage in only
the county of its domicile and any adjacent county; or
(3) an
amount equal to the aggregate of the minimum capital and minimum surplus
required under Sections 801.023 and [822.054,] 822.202[,
822.210, and 822.211,] for a fire insurance company if the county
mutual insurance company is organized to write insurance coverage
statewide.
(b)
Except as provided by Section 912.056, a county mutual insurance company is
subject to Subchapter B, Chapter 404, and Section [Sections
822.203, 822.210, and] 822.212.
|
|
No
equivalent provision.
|
SECTION
2.40. Sections 941.003(b) and (d), Insurance Code, are amended to read as
follows:
(b) A
Lloyd's plan is subject to:
(1)
Subchapter A, Chapter 5, Chapter 254, Subchapters A and B, Chapter 1806,
and Subtitle C, Title 10;
(2)
Articles 5.35, 5.39, and 5.40;
(3)
Article 5.13-2, as provided by that article, Chapter 2251, as provided by
that chapter, and Chapter 2301, as provided by that chapter;
(4)
Chapters 251, 252, 402, 541, and 2253;
(5)
Subchapter A, Chapter 401;
(6)
Subchapter B, Chapter 404;
(7)
Subchapter C, Chapter 1806; and
(8)
Sections 38.001, 501.159, [822.203,] 822.205, [822.210,]
822.212, 2002.005, 2002.051, and 2002.052.
(d)
Underwriters and their attorney in fact are subject to Sections 801.021,
801.031, 801.032 [822.051, 822.057, 822.058, 822.059, 822.060],
and 822.201, except that:
(1) the
articles of agreement executed by the underwriters are instead of the
articles of incorporation; and
(2) the
aggregate of the guaranty fund and unencumbered surplus of the Lloyd's plan
constitutes capital structure for purposes of Section 801.032 [822.060].
|
|
No
equivalent provision.
|
SECTION
2.41. Section 941.103, Insurance Code, is amended to read as follows:
Sec.
941.103. ISSUANCE OF CERTIFICATE OF AUTHORITY. On determination by the
department that the underwriters and attorney in fact have complied with
the law, the department shall, in accordance with Sections 801.001,
801.002, 801.052-801.055 [801.051-801.055], 801.057, and
801.101, issue a certificate of authority to the attorney in fact.
|
|
No
equivalent provision.
|
SECTION
2.42. Section 941.204(a), Insurance Code, is amended to read as follows:
(a) The
minimum guaranty fund and surplus required of a Lloyd's plan under Sections
801.023 [822.054], 822.202, [822.210, 822.211,] and
941.201 must be:
(1) in
cash; or
(2)
invested as provided by the[:
[(A)
Section 822.204; or
[(B)
any other] law governing the investment of the capital stock and minimum
surplus of a capital stock insurance company engaged in the same kind of
business.
|
|
No
equivalent provision.
|
SECTION
2.43. Section 941.353, Insurance Code, is amended to read as follows:
Sec.
941.353. REQUIREMENTS OF CONVERSION PLAN. The conversion plan must
provide that a capital stock insurance company will be formed in accordance
with Chapter 822, except that:
(1) the
company's required minimum capital and surplus must equal the required
minimum guaranty fund and surplus of the Lloyd's plan;
(2) the
company's assets may be in cash or in the form of an investment lawfully
held by the Lloyd's plan; and
(3) an
original examination [under Section 822.058(b)] is not required
unless directed by the commissioner.
|
|
No
equivalent provision.
|
SECTION 2.44.
Sections 942.003(b) and (e), Insurance Code, are amended to read as
follows:
(b) An
exchange is subject to:
(1)
Subchapter A, Chapter 5, Chapter 254, Subchapters A and B, Chapter 1806,
and Subtitle C, Title 10;
(2)
Articles 5.35, 5.39, and 5.40;
(3)
Article 5.13-2, as provided by that article, Chapter 2251, as provided by
that chapter, and Chapter 2301, as provided by that chapter;
(4)
Chapters 402, 541, and 2253;
(5)
Subchapter A, Chapter 401, and Sections 401.051, 401.052, 401.054-401.062
[401.054, 401.055, 401.056, 401.057, 401.058, 401.059, 401.060, 401.061,
401.062], 401.151, 401.152, 401.155, and 401.156;
(6)
Subchapter B, Chapter 404;
(7)
Subchapter C, Chapter 1806; and
(8)
Sections 38.001, 501.159, [822.203,] 822.205, [822.210,]
822.212, 822.254 [861.254(a)-(f), 861.255], 862.001(b),
862.003, 2002.002, 2002.005, 2002.051, and 2002.052.
(e)
Subscribers and their attorney in fact are subject to Sections 801.021,
801.031, 801.032 [822.051, 822.057-822.060], and 822.201, except
that:
(1) the
declaration of the subscribers prescribed by Section 942.053 replaces the
articles of incorporation; and
(2) the
unencumbered surplus of the exchange constitutes capital structure for
purposes of Section 801.032 [822.060].
|
|
No
equivalent provision.
|
SECTION
2.45. Section 942.052(d), Insurance Code, is amended to read as follows:
(d)
Instead of a bond, an attorney in fact may deposit with the appropriate
official of the exchange's state of domicile cash or securities of the kind
in which a [general] casualty company is authorized to invest its
funds. The deposit must be made in the same amount, and must be
conditioned, approved, and payable in the same manner, as a bond required
under this section.
|
|
No
equivalent provision.
|
SECTION
2.46. Section 942.053(b), Insurance Code, is amended to read as follows:
(b) The
declaration must include:
(1) the
name of the proposed exchange;
(2) the
kinds of insurance to be provided under the reciprocal or interinsurance
contract;
(3) a
copy of the form of the power of attorney or other authorization of the
attorney in fact under which the insurance is to be provided;
(4) the
location of each office from which the reciprocal or interinsurance
contracts are to be issued; and
(5) any
other information prescribed by the department[, including an affidavit
comparable to the affidavit prescribed by Section 822.057(a)(3)].
|
|
No
equivalent provision.
|
SECTION
2.47. Section 942.101(a), Insurance Code, is amended to read as follows:
(a) An
attorney in fact must hold a certificate of authority issued by the
department under Sections 801.001, 801.002, 801.052-801.055 [801.051-801.055],
801.057, 801.101, and 801.102. A certificate of authority obtained in
accordance with this section authorizes the attorney in fact named in the
certificate to exercise all powers and perform all duties of an attorney in
fact.
|
|
No
equivalent provision.
|
SECTION
2.48. Section 942.155(c), Insurance Code, is amended to read as follows:
(c) An
exchange shall maintain the required assets as to:
(1)
minimum surplus requirements[, as provided by Section 822.204]; and
(2)
other funds, as provided by the provisions of Subchapter B, Chapter 424,
other than Sections 424.052, 424.072, and 424.073.
|
|
No
equivalent provision.
|
SECTION
2.49. Section 961.002(b), Insurance Code, is amended to read as follows:
(b) The
following provisions of this code apply to a nonprofit legal services
corporation in the same manner that they apply to an insurer or a person
engaged in the business of insurance, to the extent the provisions do not
conflict with this chapter:
(1)
Articles 1.09-1 and 21.47;
(2)
Sections 31.002, 31.004, 31.007, 31.021, 31.022, 31.023, 31.026, 31.027,
32.021, 32.022(a), 32.023, 33.002, 33.006, 36.108, 38.001, 81.004, 201.005,
201.055, 401.051, 401.052, 401.054-401.062, 401.103-401.106, 401.151,
401.152, 401.155, 401.156, 801.001, 801.002, 801.052-801.055 [801.051-801.055],
801.057, 801.101, 801.102, 841.251, and 841.252;
(3)
Subchapter B, Chapter 31;
(4)
Subchapters A and C, Chapter 32;
(5) Subchapter
D, Chapter 36;
(6)
Subchapter A, Chapter 401;
(7)
Subchapter A, Chapter 542;
(8)
Subchapter A, Chapter 805; and
(9)
Chapters 86, 402, 441, 443, 481, 541, 802, and 824.
|
|
No
equivalent provision.
|
SECTION
2.50. Section 962.004, Insurance Code, is amended to read as follows:
Sec.
962.004. APPLICABILITY OF OTHER LAW. An insurer operating under this
chapter is subject to the following provisions, if not in conflict with
this chapter:
(1) the
other chapters of this code, including:
(A)
Chapter 221;
(B)
Chapter 281, other than any minimum capital and surplus requirements
specified in that chapter;
(C)
Chapter 822, including Sections [822.203,] 822.205[, 822.210,]
and 822.212; and
(D) [Chapter
861; and
[(E)]
Chapter 402; and
(2)
Section 171.0525, Tax Code.
|
|
No
equivalent provision.
|
SECTION
2.51. Section 962.054, Insurance Code, is amended to read as follows:
Sec.
962.054. INSURERS NOT MEETING CERTAIN REQUIREMENTS. To write the
insurance coverages authorized by Section 962.101, a domestic or foreign
insurer that does not meet the requirements of Sections 962.051 and 962.052
must comply with Chapter [Chapters] 822 [and 861].
|
|
No
equivalent provision.
|
SECTION
2.52. Section 962.055, Insurance Code, is amended to read as follows:
Sec.
962.055. CAPITAL AND SURPLUS REQUIREMENTS. A domestic or foreign insurer
operating under this chapter shall maintain the minimum capital and surplus
required by Section [Sections] 801.023 [822.054,
822.210, and 822.211].
|
|
No
equivalent provision.
|
SECTION
2.53. Section 982.251, Insurance Code, is amended to read as follows:
Sec.
982.251. TRUSTEED SURPLUS OF ALIEN INSURANCE COMPANY. The total value of
an alien insurance company's general state deposits and trusteed assets
less the total net amount of all the company's liabilities and reserves in
the United States[, as determined in accordance with Section 982.252,]
is the company's trusteed surplus in the United States.
|
|
No
equivalent provision.
|
SECTION
2.54. Section 1102.001(2), Insurance Code, is amended to read as follows:
(2)
"Insurer" means any insurer, including a:
(A)
life, accident, health, or casualty insurance company;
(B)
mutual life insurance company;
(C)
mutual insurance company other than a life insurance company;
(D)
mutual or natural premium life insurance company;
(E) [general]
casualty company;
(F)
Lloyd's plan or a reciprocal or interinsurance exchange;
(G)
fraternal benefit society; or
(H)
group hospital service corporation.
|
|
No
equivalent provision.
|
SECTION
2.55. Section 1132.001(a), Insurance Code, is amended to read as follows:
(a) In
this section, "insurer" means:
(1) a
life insurance company;
(2) an
accident insurance company;
(3) a [general]
casualty [insurance] company;
(4) a
mutual life insurance company;
(5) a
mutual or natural premium life insurance company;
(6) a
fraternal benefit society; or
(7) a
local mutual aid association.
|
|
No
equivalent provision.
|
SECTION
2.56. Section 1152.107(b), Insurance Code, is amended to read as follows:
(b) The
company shall file the statement:
(1) on a
form prescribed or approved by the department; and
(2)
simultaneously with the annual statement required by Chapter 802 [Sections
841.255 and 882.003].
|
|
No
equivalent provision.
|
SECTION
2.57. Section 1201.003(b), Insurance Code, is amended to read as follows:
(b)
Except as otherwise provided by this chapter, this chapter applies only to
an individual accident and health insurance policy delivered or issued for
delivery by:
(1) a
life, health, and accident insurance company;
(2) a
mutual insurance company, including:
(A) a
mutual life insurance company; and
(B) a
mutual assessment life insurance company;
(3) a
local mutual aid association;
(4) a
mutual or natural premium life or casualty insurance company;
(5) a [general]
casualty company;
(6) a
Lloyd's plan;
(7) a
reciprocal or interinsurance exchange;
(8) a
nonprofit hospital, medical, or dental service corporation, including a
corporation operating under Chapter 842; or
(9)
another insurer required by law to be authorized by the department.
|
|
No
equivalent provision.
|
SECTION
2.58. Section 1204.051(6), Insurance Code, is amended to read as follows:
(6)
"Insurer" means an insurance company, association, or
organization authorized to engage in business in this state under Subchapter
F, Chapter 822, or Chapter 841, [861,] 881, 882, 883, 884, 885,
886, 887, 888, 941, 942, or 982.
|
|
No
equivalent provision.
|
SECTION
2.59. Section 1254.001(a), Insurance Code, is amended to read as follows:
(a) In
this section, "insurer" means:
(1) a
life insurance company;
(2) a
health insurance company;
(3) an
accident insurance company;
(4) a [general]
casualty company;
(5) a
mutual life insurance company or other mutual insurance company;
(6) a
mutual or natural premium life insurance company;
(7) a
Lloyd's plan;
(8) a
reciprocal or interinsurance exchange;
(9) a
fraternal benefit society;
(10) a
local mutual aid association; or
(11) a
group hospital service corporation.
|
|
No
equivalent provision.
|
SECTION
2.60. Section 1273.001(3), Insurance Code, is amended to read as follows:
(3)
"Insurer" means an insurance company, association, or
organization authorized to engage in business in this state under Subchapter
F, Chapter 822, or Chapter 841, 842, [861,] 881, 882, 883, 884,
885, 886, 887, 888, 941, 942, or 982.
|
|
No
equivalent provision.
|
SECTION
2.61. Section 1451.102, Insurance Code, is amended to read as follows:
Sec.
1451.102. APPLICABILITY OF SUBCHAPTER. Except as provided by this
subchapter, this subchapter applies only to an individual, group, blanket,
or franchise insurance policy, insurance agreement, or group hospital
service contract that provides health benefits, accident benefits, or
health and accident benefits for medical or surgical expenses incurred as a
result of an accident or sickness and that is delivered, issued for
delivery, or renewed in this state by any incorporated or unincorporated
insurance company, association, or organization, including:
(1) a
fraternal benefit society operating under Chapter 885;
(2) a [general]
casualty company operating under Subchapter F, Chapter 822 [861];
(3) a
life, health, and accident insurance company operating under Chapter 841 or
982;
(4) a
Lloyd's plan operating under Chapter 941;
(5) a
local mutual aid association operating under Chapter 886;
(6) a
mutual insurance company writing insurance other than life insurance
operating under Chapter 883;
(7) a
mutual life insurance company operating under Chapter 882;
(8) a
reciprocal exchange operating under Chapter 942;
(9) a
statewide mutual assessment company, mutual assessment company, or mutual
assessment life, health, and accident association operating under Chapter
881 or 887; and
(10) a
stipulated premium company operating under Chapter 884.
|
|
No
equivalent provision.
|
SECTION
2.62. Section 1651.001(b), Insurance Code, is amended to read as follows:
(b) This
chapter applies only to a policy, certificate, or evidence of coverage that
is issued by:
(1) a
capital stock insurance company, including a life, health and accident, or
[general] casualty [insurance] company;
(2) a
mutual life insurance company;
(3) a
mutual assessment life insurance company, including a statewide mutual
assessment corporation, local mutual aid association, and burial
association;
(4) a mutual
or mutual assessment association, including an association subject to
Section 887.101;
(5) a
mutual insurance company other than a life insurance company;
(6) a
mutual or natural premium life or casualty insurance company;
(7) a
fraternal benefit society;
(8) a
Lloyd's plan insurer;
(9) a
reciprocal or interinsurance exchange;
(10) a
nonprofit medical, hospital, or dental service corporation, including a
company subject to Chapter 842;
(11) a
stipulated premium company;
(12) a
health maintenance organization under Chapter 843; or
(13)
another insurer required to be licensed by the department.
|
|
No
equivalent provision.
|
SECTION
2.63. Section 1652.003, Insurance Code, is amended to read as follows:
Sec.
1652.003. APPLICABILITY OF CHAPTER. This chapter applies to an individual
or group Medicare supplement benefit plan delivered or issued for delivery
in this state and, regardless of the place where the plan was delivered or
issued for delivery, a certificate that was issued under a group Medicare
supplement benefit plan and delivered or issued for delivery in this state,
if the plan or certificate is issued by:
(1) a
capital stock insurance company, including a life, health and accident, and
[general] casualty [insurance] company;
(2) a
mutual life insurance company;
(3) a
mutual assessment life insurance company, including a statewide mutual
assessment company, local mutual aid association, and burial association;
(4) a
mutual or mutual assessment association of any kind, including an association
subject to Section 887.102;
(5) a
mutual insurance company other than a life insurance company;
(6) a
mutual or natural premium life or casualty insurance company;
(7) a
fraternal benefit society;
(8) a
Lloyd's plan;
(9) a
reciprocal or interinsurance exchange;
(10) a
nonprofit hospital, medical, or dental service corporation, including a
corporation operating under Chapter 842;
(11) a
stipulated premium company;
(12)
another insurer that by law is required to be authorized by the department;
or
(13) a
health maintenance organization operating under Chapter 843, to the extent
required by federal law.
|
|
No
equivalent provision.
|
SECTION
2.64. Section 1701.003(a), Insurance Code, is amended to read as follows:
(a)
Except as provided by Subsection (b), this chapter applies to any insurer
that uses a document described by Section 1701.002 in this state,
including:
(1) a
life, accident, health, or casualty insurance company;
(2) a
mutual life insurance company;
(3) a
mutual insurance company other than a mutual life insurance company;
(4) a
mutual or natural premium life insurance company;
(5) a [general]
casualty company;
(6) a
Lloyd's plan;
(7) a
reciprocal or interinsurance exchange;
(8) a
fraternal benefit society; and
(9) a
group hospital service corporation.
|
|
No
equivalent provision.
|
SECTION
2.65. Section 1701.057(c), Insurance Code, is amended to read as follows:
(c) To
enable the department to determine compliance with Subsection (b), the
commissioner:
(1)
shall require an insurer to file the rates charged by that insurer for
individual accident and health insurance policies; and
(2) may
adopt and require an insurer to file in conjunction with the annual
statement required under Chapter 802 [Section 841.255, 982.101,
or 982.103] a form for reporting the insurer's experience on individual
accident and health insurance policy forms issued by the insurer.
|
|
No
equivalent provision.
|
SECTION
2.66. Section 2201.101, Insurance Code, is amended to read as follows:
Sec.
2201.101. ELIGIBILITY REQUIREMENTS. Except as otherwise provided by this
chapter, a risk retention group that applies to be chartered in this state
must:
(1) be
chartered and authorized to engage in the business of insurance under
Chapter 822, [861,] 883, or 942; and
(2)
comply with all the laws, rules, and requirements, including Chapter 804,
applicable to insurers authorized to engage in business under those
chapters and with Subchapter D to the extent those requirements do not
limit the laws, rules, or requirements of this state.
|
|
No
equivalent provision.
|
SECTION
2.67. Section 2201.104(a), Insurance Code, is amended to read as follows:
(a) In
addition to all other fees imposed on an insurer chartered and authorized
to engage in business under Chapter 822, [861,] 883, or 942, a risk
retention group chartered in this state shall pay a filing fee in an amount
not to exceed $1,000 as set by rules adopted by the commissioner.
|
|
No
equivalent provision.
|
SECTION
2.68. Section 2201.209(a), Insurance Code, is amended to read as follows:
(a) A
risk retention group that is authorized to engage in business in this state
under Subchapter C or D and that violates this chapter is subject to all
sanctions and penalties applicable to an insurer that holds a certificate
of authority under Chapter [Chapters] 822 [and 861],
including revocation of the authority to engage in business in this state.
|
|
No
equivalent provision.
|
SECTION
2.69. Sections 2551.001(a) and (c), Insurance Code, are amended to read as
follows:
(a)
Except as provided by Subsection (c) and unless the business of title
insurance or title insurance companies are expressly mentioned, the
provisions of this code other than this title do not apply to:
(1) a
corporation incorporated or engaging in business exclusively under this
title; or
(2) any
title insurance business engaged in by a corporation created under[:
[(A)]
Subdivision 57, Article 1302, Revised Statutes, before repeal of that
statute,[;
[(B)
Chapter 861;] or
[(C)]
any other law.
(c) To
the extent applicable, the following provisions of this code apply to a
title insurance company:
(1)
Articles 1.09-1 and 21.47;
(2)
Subsection (b), Article 1.04D;
(3)
Chapters 33, 82, 83, 84, 86, 102, 261, 281, 401, 402, 493, 494, 541, 547,
555, 701, 801, 802, 824, 828, 1805, and 2204;
(4)
Chapter 31, other than Section 31.005;
(5)
Chapter 32, other than Section 32.022(b);
(6)
Chapter 36, other than Sections 36.003, 36.004, and 36.101-36.105 [36.101-36.106];
(7)
Subchapter A, Chapter 38;
(8)
Subchapters A-G, Chapter 101;
(9)
Chapter 982, other than Sections 982.003 and [, 982.051, 982.101,
982.105, 982.106(b),] 982.109[, and 982.113]; and
(10)
Sections 37.052, 39.001, 39.002, 81.001, 81.002, 81.004, 201.004, 201.005,
201.051, 201.055, 403.001, 403.051, 403.101, 521.002-521.004, 801.021,
801.022(a)(1), (2), and (4), 801.031 except Subdivision (3), 801.032,
801.037, 801.053, 805.021, 822.001, [822.051, 822.052(1), (2), and
(3), 822.053, 822.057, except Subsection (a)(4), 822.058, 822.059, 822.060,
822.155, 822.157, 822.158, except Subsection (a)(5),] 841.004, 841.251,
841.252(a)-(c), and 4001.103.
|
|
No
equivalent provision.
|
SECTION
2.70. Section 2703.001(a), Insurance Code, is amended to read as follows:
(a) This
section applies to a corporation organized under this title, a foreign
corporation, and, to the extent that the corporation is engaged in the
business of title insurance, a corporation organized under another law,
including[:
[(1)]
Subdivision 57, Article 1302, Revised Statutes, before repeal of that
statute[; and
[(2)
Chapter 861].
|
|
No
equivalent provision.
|
SECTION
2.71. Section 3502.152, Insurance Code, is amended to read as follows:
Sec.
3502.152. CAPITAL AND SURPLUS REQUIREMENTS. An insurer may not write
mortgage guaranty insurance unless the insurer has the minimum capital and
surplus required [by Chapter 861] for a [general] casualty
company under Subchapter F, Chapter 822.
|
|
No
equivalent provision.
|
SECTION
2.72. Section 3503.201, Insurance Code, is amended to read as follows:
Sec.
3503.201. MERGER OR CONSOLIDATION OF CERTAIN COMPANIES. When two or more
companies authorized to write fidelity, guaranty, and surety insurance in
this state merge or consolidate and, incident to the merger or
consolidation, enter into a total reinsurance contract under which the
merged or ceding company is dissolved and that company's assets are
acquired and liabilities are assumed by the new or surviving company, the
commissioner, on finding that the contracting companies have on deposit
with the comptroller two or more deposits made for the same or similar
purposes under former Article 7.03, repealed by Chapter 388, Acts of the
55th Legislature, Regular Session, 1957, [or] under former
Section 861.252, or under Section 822.259 shall authorize the
comptroller to:
(1) retain
for a single purpose only the deposit of the greatest amount and value; and
(2)
permit the new or surviving company, on proper showing that there is
duplication of deposits and that the new or surviving company is the owner
of those deposits, to withdraw a duplicate or excessive deposit.
|
|
No
equivalent provision.
|
SECTION
2.73. Section 4001.009(a), Insurance Code, is amended to read as follows:
(a) As
referenced in Section 4001.003(9), a reference to an agent in the following
laws includes a subagent without regard to whether a subagent is
specifically mentioned:
(1)
Chapters 281, 402, 421-423, 441, 444, 461-463, 541-556, 558, 559, 703, 705,
821, 823-825, 827, 828, 844, 963, 1108, 1205-1208, 1211, 1213, 1214, 1352,
1353, 1357, 1358, 1360-1363, 1369, 1453-1455, 1503, 1550, [1801,]
1803, 2151-2154, 2201-2203, 2205-2213, 3501, 3502, 4007, 4102, and
4201-4203;
(2)
Chapter 403, excluding Section 403.002;
(3)
Subchapter A, Chapter 491;
(4)
Subchapter C, Chapter 521;
(5)
Subchapter A, Chapter 557;
(6) Subchapter
B, Chapter 805;
(7)
Subchapters D, E, and F, Chapter 982;
(8)
Subchapter D, Chapter 1103;
(9)
Subchapters B, C, D, and E, Chapter 1204, excluding Sections 1204.153 and
1204.154;
(10)
Subchapter B, Chapter 1366;
(11)
Subchapters B, C, and D, Chapter 1367, excluding Section 1367.053(c);
(12)
Subchapters A, C, D, E, F, H, and I, Chapter 1451;
(13)
Subchapter B, Chapter 1452;
(14)
Sections 551.004, 841.303, 982.001, 982.002, [982.004, 982.052, 982.102,
982.103, 982.104, 982.106,] 982.107, 982.108, 982.110, 982.111,
982.112, and 1802.001; and
(15)
Chapter 107, Occupations Code.
|
|
No
equivalent provision.
|
SECTION
2.74. Section 4007.001, Insurance Code, is amended to read as follows:
Sec.
4007.001. APPLICABILITY OF CHAPTER. This chapter applies only to an
insurance company authorized to engage in the business of insurance in this
state under:
(1) a
provision of:
(A) Subchapter
F, Chapter 822;
(B)
Chapter 5, 1805, or 2171; or
(C)
[(B)] Subtitle B, C, D, E, F, H, or I, Title 10; or
(2) Chapter
[861,] 862, 883, 911, 912, 941, 942, 984, or 3503.
|
|
No
equivalent provision.
|
SECTION
2.75. Section 1704.160(h), Occupations Code, is amended to read as
follows:
(h) The
certificate of authority to do business in this state issued [under
Section 861.102, Insurance Code,] to an applicant that is a corporation
is conclusive evidence of:
(1) the
sufficiency of the applicant's security; and
(2) the
applicant's solvency and credits.
|
|
No
equivalent provision.
|
ARTICLE
3. REPEALER
|
|
Except as highlighted, substantially
the same as house substitute version. (See stricken sections above and
SECTION 5 above that repeals Title 6, Chapter
861, in its entirety.)
|
SECTION
3.01. The following provisions of the Insurance Code are repealed:
(1) Section 36.106;
(2) Section 492.053;
(3)
Section 801.051;
(4) the
heading to Subchapter D, Chapter 801;
(5) the
heading to Subchapter A, Chapter 802;
(6) the
heading to Subchapter B, Chapter 802;
(7) Section 802.051;
(8)
Section 822.003;
(9) the
heading to Subchapter B, Chapter 822;
(10)
Section 822.055;
(11)
Section 822.056;
(12)
Section 822.058;
(13)
Section 822.061;
(14)
Subchapter C, Chapter 822;
(15) the
heading to Subchapter D, Chapter 822;
(16)
Section 822.151;
(17)
Section 822.152;
(18)
Section 822.153;
(19)
Section 822.154;
(20)
Section 822.156;
(21)
Section 822.157;
(22)
Section 822.158;
(23) Section 822.203;
(24) Section 822.204;
(25) Section 822.210;
(26) Section 822.211;
(27) the
heading to Subchapter B, Chapter 841;
(28)
Section 841.051;
(29)
Section 841.052;
(30)
Section 841.053;
(31)
Section 841.055;
(32)
Section 841.056;
(33)
Section 841.057;
(34)
Section 841.058;
(35)
Section 841.059;
(36)
Section 841.061;
(37)
Section 841.062;
(38)
Section 841.063;
(39) the
heading to Subchapter C, Chapter 841;
(40)
Section 841.101;
(41)
Section 841.102;
(42)
Section 841.103;
(43)
Subchapter D, Chapter 841;
(44)
Section 841.202;
(45)
Section 841.203;
(46)
Section 841.204;
(47)
Section 841.255;
(48) the
heading to Chapter 861;
(49) Subchapter
A, Chapter 861;
(50)
Subchapter B, Chapter 861;
(51)
Subchapter C, Chapter 861;
(52) the
heading to Subchapter D, Chapter 861;
(53)
Section 861.151;
(54)
Section 861.152;
(55)
Section 861.153;
(56)
Section 861.155;
(57)
Subchapter E, Chapter 861;
(58) the
heading to Subchapter F, Chapter 861;
(59)
Section 861.253;
(60)
Section 861.254;
(61)
Section 861.256;
(62)
Section 861.257;
(63) the
heading to Subchapter O, Chapter 861;
(64)
Section 882.002;
(65)
Section 882.003;
(66)
Subchapter B, Chapter 882;
(67)
Subchapter C, Chapter 882;
(68)
Subchapter D, Chapter 882;
(69)
Subchapter B, Chapter 883;
(70)
Subchapter C, Chapter 883;
(71) Section 883.151;
(72)
Section 883.201;
(73)
Section 883.202;
(74)
Section 883.204;
(75)
Subchapter O, Chapter 883;
(76)
Section 982.004;
(77)
Subchapter B, Chapter 982;
(78)
Section 982.101;
(79)
Section 982.102;
(80)
Section 982.103;
(81)
Section 982.104;
(82)
Section 982.105;
(83)
Section 982.106;
(84)
Section 982.113;
(85)
Section 982.252; and
(86)
Section 982.306.
|
|
No
equivalent provision.
|
ARTICLE
4. EFFECTIVE DATE
|
|
SECTION 9. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.
|
SECTION
4.01. Same as introduced version.
|