HBA-MSH H.B. 3177 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3177
By: Solis, Jim
Insurance
4/22/2001
Introduced



BACKGROUND AND PURPOSE 

Increased investment in Texas business and entrepreneurship will help the
economy of Texas.  Certified capital companies are state-regulated,
privately-owned and operated venture capital funds that invest funds in
early stage companies that operate in Texas.  Insurance companies possess
large amounts of capital that could be used to invest as venture capital
through a certified capital company.  A tax credit may serve as an
incentive to increase such investment by insurance companies.   House Bill
3177 authorizes the creation of certified capital companies and provides a
tax credit to insurance companies that invest funds. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller of public accounts
SECTION 1 (Articles 4.52, 4.53, 4.64, 4.72, and 4.75, Insurance Code) and
SECTION 3 of this bill. 

ANALYSIS

House Bill 3177 amends the Insurance Code to require the comptroller of
public accounts (comptroller) to administer the provisions of the bill and
authorizes the comptroller to adopt rules and forms to implement the
provisions (Art. 4.52).  The bill sets forth the qualifications and
application procedures of a certified capital company (Art. 4.53).  The
bill prohibits the management or certain types of ownership or control of a
certified capital company by an insurance company, group of insurance
companies, or other person who may have a premium tax liability (Art.
4.54).  The bill sets forth provisions relating to the offering material
used by a certified capital company, requirements for continuance of
certification, evaluation of a business by the comptroller, reports to the
comptroller and audited financial statements, renewal of certification,
distributions and repayment of debt, annual review and decertification, and
recapture and forfeiture of premium tax credits (Arts. 4.55-4.61 and 4.63).
The bill authorizes the comptroller to impose an administrative penalty on
a certified capital company that violates the provisions of the bill in an
amount not to exceed $25,000 for each day a violation occurs (Art. 4.62).
The bill requires the comptroller to adopt rules under which premium tax
credits previously claimed by certified investors are subject to recapture
and future premium tax credits are subject to forfeiture with respect to an
investment made by a certified capital company in a qualified business if
the qualified business fails to maintain its principal business operations
in this state as required by the provisions of the bill (Art. 4.64).  The
bill authorizes a certified capital company to agree to indemnify against
losses resulting from the recapture or forfeiture of premium tax credits
(Art. 4.65). 

The bill provides that a certified investor who makes an investment of
certified capital in the year of investment earns a vested credit against
state premium tax liability equal to 100 percent of the certified
investor's investment of certified capital, subject to specified limits.
The bill authorizes a certified investor to take up to 10 percent of the
vested premium tax credit in any taxable year of the certified investor
(Art. 4.66). The bill provides that the total amount of certified capital
for which premium tax credits may be allowed under these provisions for all
years in which premium tax credits are allowed is $200 million.  The bill
prohibits the total amount of certified capital for which premium tax
credits may be allowed for all certified investors from exceeding the
amount that would entitle all certified investors in certified capital
companies to take total credits of $20 million in a year (Art. 4.68).  The
bill requires the comptroller to allocate the total mount of premium tax
credits allowed under the provisions of the bill to certified investors in
certified capital companies on a pro rate basis in accordance with
specified requirements (Art. 4.69). 

The bill sets forth provisions relating to the impact of tax credits
claimed by a certified investor on insurance rates and the transferability
of credit (Arts. 4.71 and 4.72).  The bill requires the comptroller to
prepare a biennial report the governor, lieutenant governor, and speaker of
the house with respect to the implementation of the provisions of the bill
and sets forth the required content of that report (Art. 4.74). The bill
provides that implementation of the provisions of the bill are subject to
available revenue (Art. 4.75).  The bill requires the comptroller to
implement the provisions of the bill not later than the 60th day after the
effective date of the bill.  The bill prohibits a certified investor from
making an investment with a certified capital company before September 1,
2002 (SECTION 3). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.