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A BILL TO BE ENTITLED
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AN ACT
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relating to credit to certain ceding insurers for reinsurance ceded |
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to certain assuming insurers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 492.104(b), Insurance Code, is amended |
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to read as follows: |
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(b) The funds held as security: |
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(1) must be held in the United States subject to |
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withdrawal solely by and under the exclusive control of the ceding |
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insurer or, in the case of a trust, held in a qualified United |
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States financial institution that has been granted the authority to |
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operate with fiduciary powers; and |
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(2) may be in the form of: |
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(A) cash; |
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(B) securities that[:
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[(i)
are readily marketable over a national
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exchange;
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[(ii)
have a maturity date of not later than
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one year;
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[(iii)] are listed by the Securities |
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Valuation Office of the National Association of Insurance |
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Commissioners[;] and |
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[(iv)] qualify as admitted assets; |
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(C) subject to Section 492.105, a clean, |
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irrevocable, unconditional letter of credit, issued or confirmed by |
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a qualified United States financial institution that has been |
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determined by the commissioner or the Securities Valuation Office |
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of the National Association of Insurance Commissioners to meet the |
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standards of financial condition and standing that are considered |
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necessary and appropriate to regulate the quality of financial |
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institutions whose letters of credit will be acceptable to the |
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commissioner; or |
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(D) another form of security acceptable to the |
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commissioner. |
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SECTION 2. Section 493.104(b), Insurance Code, is amended |
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to read as follows: |
|
(b) The funds held as security: |
|
(1) must be held in the United States subject to |
|
withdrawal solely by and under the exclusive control of the ceding |
|
insurer or, in the case of a trust, held in a qualified United |
|
States financial institution that has been granted the authority to |
|
operate with fiduciary powers; and |
|
(2) may be in the form of: |
|
(A) cash; |
|
(B) securities that[:
|
|
[(i)
are readily marketable over a national
|
|
exchange;
|
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[(ii)
have a maturity date of not later than
|
|
one year;
|
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[(iii)] are listed by the Securities |
|
Valuation Office of the National Association of Insurance |
|
Commissioners[;] and |
|
[(iv)] qualify as admitted assets; |
|
(C) subject to Section 493.105, a clean, |
|
irrevocable, unconditional letter of credit, issued or confirmed by |
|
a qualified United States financial institution that has been |
|
determined by the commissioner or the Securities Valuation Office |
|
of the National Association of Insurance Commissioners to meet the |
|
standards of financial condition and standing that are considered |
|
necessary and appropriate to regulate the quality of financial |
|
institutions whose letters of credit will be acceptable to the |
|
commissioner; or |
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(D) another form of security acceptable to the |
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commissioner. |
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SECTION 3. This Act applies to funds held as security on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |