By: Thompson of Brazoria H.B. No. 2366
        (Senate Sponsor - LaMantia)
         (In the Senate - Received from the House May 3, 2023;
  May 5, 2023, read first time and referred to Committee on Business &
  Commerce; May 17, 2023, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the applicability of premium and maintenance taxes to
  the Texas Windstorm Insurance Association.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 221.001(b), Insurance Code, is amended
  to read as follows:
         (b)  This chapter does not apply to:
               (1)  a fraternal benefit society, including a fraternal
  benefit society operating under Chapter 885;
               (2)  a group hospital service corporation operating
  under Chapter 842;
               (3)  a stipulated premium company operating under
  Chapter 884;
               (4)  a mutual assessment association, company, or
  corporation regulated under Chapter 887;
               (5)  a purely cooperative or mutual fire insurance
  company carried on by its members solely for the protection of their
  own property and not for profit, except as provided by Section
  221.002(b)(13); [or]
               (6)  a farm mutual insurance company operating under
  Chapter 911, unless the company is acting as a fronting insurer; or
               (7)  the Texas Windstorm Insurance Association.
         SECTION 2.  Section 252.005, Insurance Code, is amended to
  read as follows:
         Sec. 252.005.  EXCEPTION.  This chapter does not apply to:
               (1)  a farm mutual insurance company operating under
  Chapter 911, unless the company is acting as a fronting insurer as
  defined by Section 221.001(c); [or]
               (2)  a mutual insurance company engaged in business
  under Chapter 12, Title 78, Revised Statutes, before that chapter's
  repeal 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, that
  retains the rights and privileges under the repealed law to the
  extent provided by those sections; or
               (3)  the Texas Windstorm Insurance Association.
         SECTION 3.  The changes in law made by this Act do not affect
  tax liability accruing before the 2023 calendar year.  That
  liability continues in effect as if this Act had not been enacted,
  and the former law is continued in effect for the collection of
  taxes due and for enforcement of the liability for those taxes.
         SECTION 4.  This Act takes effect September 1, 2023.
 
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