HBA-ATS C.S.H.B. 2711 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2711
By: Thompson
Insurance
4/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Article 21.39-B (Restriction on Transactions with Funds and Assets)
prohibits the director, member of a committee, or officer, or the clerk of
a domestic insurance company, who is charged with the duty of handling or
investing its funds, from depositing or investing those funds, except in
the corporate name of the insurer.  Despite this prohibition, it is a
common practice for two or more domestic insurers that operate together
under a holding company or under an administrative services agreement (to
share costs) to operate a risk pool.  Insurers in the risk pool spread the
risk they assumed when they agreed to cover a particular group by having
the pool or affiliates of the parent insurers reinsure the policies.  The
funds of the pool are usually deposited into one account.  Only after the
funds have been deposited are they then allocated to each participant in
the pool.  This practice may violate the prohibition against depositing
funds except in the corporate name of the insurer even if funds are not
misapplied. 

C.S.H.B. 2711 prohibits the official of a domestic insurer who is in charge
of the insurer's funds from depositing them, except in the insurer's
corporate name, in a pooling account with one or more affiliates, or in
accordance with a reinsurance agreement.  If the domestic insurer's funds
are deposited in a pooling account, only the domestic insurer and its
affiliates are authorized to hold funds in the pooling account.  Moreover,
the financial books and records of the companies in the pooling arrangement
must be detailed enough to identify specific insurance policies and
policyholders with premium funds received by the particular company issuing
the insurance.  A reinsurance agreement between a domestic insurer and its
affiliates must specifically authorize the deposit of premium funds to the
account of the affiliate that is assuming the reinsurance. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 21.39-B, Insurance Code, to prohibit the
official of a domestic insurer who is in charge of the insurer's funds from
depositing them, except in the insurer's corporate name, in a pooling
account with one or more affiliates, or in accordance with a reinsurance
agreement. Authorizes only the domestic insurer and its affiliate, if the
domestic insurer's funds are deposited in a pooling account, to hold funds
in the pooling account.  Provides that the financial books and records of
the companies must be detailed enough to identify specific insurance
policies and policyholders with premium funds received by the particular
company issuing the insurance. Provides that a reinsurance agreement
between a domestic insurer and its affiliates must specifically authorize
the deposit of premium funds to the account of the affiliate that is
assuming the reinsurance.  Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2711 modifies the original bill in SECTION 1 (in proposed Section
1(2), Article 21.39B, Insurance Code) by prohibiting the official of a
domestic insurer who is in charge of the insurer's funds from depositing
them, except in the insurer's corporate name, in a pooling account with one
or more affiliates, or in accordance with a reinsurance agreement, rather
than a reinsurance agreement with an affiliate.  The substitute also makes
a nonsubstantive change in the proposed addition of Section 2, Article
21.39B, Insurance Code.