84R17476 PMO-F
 
  By: Sheets H.B. No. 1344
 
  Substitute the following for H.B. No. 1344:
 
  By:  Guerra C.S.H.B. No. 1344
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to credit to certain ceding insurers for reinsurance ceded
  to certain assuming insurers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 492.104(b), Insurance Code, is amended
  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;
                           [(ii)     have a maturity date of not later than
  one year;
                           [(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 492.105, 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
                     (D)  another form of security acceptable to the
  commissioner.
         SECTION 2.  Section 493.104(b), Insurance Code, is amended
  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;
                           [(ii)     have a maturity date of not later than
  one year;
                           [(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
                     (D)  another form of security acceptable to the
  commissioner.
         SECTION 3.  This Act applies to funds held as security on or
  after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2015.