HBA-ATS H.B. 3042 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3042
By: Averitt
Insurance
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, the legislature gave broader authority to life insurance companies
to diversify their investment portfolios to increase their returns.  No
similar provision was made for property and casualty insurers.  Currently,
property and casualty insurers are authorized to buy put options or sell
call options and terminate them, buy or sell interest rate futures
contracts and options on interest rate futures contracts, or utilize such
other instruments or devices as are consistent with this article and are
traded on an established exchange regulated by the Securities and Exchange
Commission or the Commodities Futures Trading Commission only for purposes
of protecting such assets against the risk of changing asset values or
interest rates and for risk reduction. 

H.B. 3042 includes income generation in addition to risk reduction as a
valid purpose in which an insurer is authorized to engage, for purposes of
protecting its assets, in certain risk control transactions.  This bill
also authorizes an insurer to engage in securities lending, repurchase,
reverse repurchase and dollar roll transactions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 3 (Article 2.10-4, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 2.10, Texas Insurance Code, as follows:

5.  Adds this section to include any type or form of savings deposits, time
deposits, certificates of deposit, NOW accounts, and money market accounts
in solvent banks, savings and loan associations, and credit unions,
organized under U.S. or state laws among  the types of investments in which
an insurer (except a life, health, and accident insurer) is required to
invest its funds over and above its minimum capital and its minimum
surplus.  Provides an exception to the investment in these types of
investments by providing that the amount of the deposits in any one bank,
savings and loan association, or credit union will not exceed the greater
of 20 percent of the insurer's capital and surplus, the amount of federal
or state deposit insurance coverage pertaining to such deposit, or 10
percent of the amount of capital, surplus, and undivided profits of the
entity receiving such deposits. 

6.  Adds evidence of indebtedness in the list of investments of any
partnership or solvent dividend paying corporation from which an insurer
(except a life, health, and accident insurer) is required to invest its
funds over and above its minimum capital and its minimum surplus.
Redesignates this section from existing Section 5. 

7.  Deletes the prohibition that the aggregate of all investments made
under Subsection (c) of this section are not to exceed 25 percent of the
insurer's assets.  Redesignates this section from existing Section 6. 

14.  Adds this section to require the percentage authorizations and
limitations set forth in any or all of the provisions of this article to
apply only at the time of the original acquisition of an investment or at
the time a transaction is entered into.  Prohibits these percentage
authorizations and limitations from being applicable to the insurer or such
investment or transaction thereafter except as provided in this section.
Requires that any investment, once qualified under any subsection of this
section, to remain qualified notwithstanding any refinancing, restructuring
or modification of such investment.  Prohibits the insurer from engaging in
any such refinancing, restructuring or modification of any investment for
the purpose of circumventing the requirements or limitations of this
article. 

Redesignates existing Sections 7, 8, 9, 10, 11, and 12, to existing
Sections 8, 9, 10, 11, 12 and 13, respectively, and makes conforming
changes. 

SECTION 2.  Amends Article 2.10-3, Texas Insurance Code, as follows:

ART. 2.10-3.  New title: Securities Lending, Repurchase, Reverse Repurchase
and Dollar Roll Transactions 

(a) Adds this subsection to define "repurchase transaction," "reverse
repurchase transaction," "securities lending transaction," and "dollar roll
transaction"  for purposes of this article. 

(b) Adds this subsection to authorize an insurer to engage in securities
lending, repurchase, reverse repurchase and dollar roll transactions.
Requires the insurer to enter into a written agreement for all
transactions, except dollar roll transactions, that require each
transaction to terminate no more than one year from its inception. 

(c) Adds this subsection to require cash received in a transaction under
this article to be invested in accordance with this article and in a manner
that recognizes the liquidity needs of the transaction or used by the
insurer for its general corporate purposes.  Requires, the insurer, its
agent, or custodian, for as long as the transaction remains outstanding, to
maintain, as to acceptable collateral received in a transaction under this
subsection, either physically or through the book entry systems of the
Federal Reserve, Depository Trust Company, Participants Trust Company, or
other securities depositories approved by the commissioner on insurance
(commissioner): 

  _possession of the acceptable collateral;
  _a perfected security interest in the acceptable collateral; or
  _in the case of a jurisdiction outside of the United States, title to, or
rights of a secured creditor to, the acceptable collateral; 

(d) Prohibits an insurer from entering into a transaction if, as a result
of and after giving effect to the transaction the aggregate amount of
securities then loaned, sold to, or purchased from, any one business entity
counterparty under this article would exceed five percent of its assets.
(Provides that in calculating the amount sold to or purchased from a
business entity counterparty under repurchase or reverse repurchase
transactions, effect may be given to netting provisions under a master
written agreement); or the aggregate amount of all securities then loaned,
sold to, or purchased from all business entities under this article would
exceed 40 percent of its assets.  

(e) Provides that the amount of collateral required for securities lending,
repurchase and reverse repurchase transactions is the amount required
pursuant to the provisions of the Purposes and Procedures of the Securities
Valuation Office or such successor publication. 

Deletes existing Subsections (a) and (b).

SECTION 3.  Amends Article 2.10-4, Texas Insurance Code, as follows:

Sec. 1. Includes income generation in addition to risk reduction as a valid
purpose in which an insurer is authorized to engage, for purposes of
protecting its assets, in certain risk control transactions.  Makes
nonsubstantive changes. 

1. Defines "acceptable collateral," "business entity," "cap," "cash
equivalents," "collar,"  "counterparty exposure amount," "derivative
instrument," "derivative transaction," "floor," "forward," "future,"
"futures exchange," "hedging transaction," "income generation transaction,"
"market value," "option," "over-the-counter derivative instrument,"
"potential exposure," "qualified clearinghouse," "replication transaction,"
"securities exchange," "swap," "swaption," "underlying interest," and
"warrant." 

2.  Requires the board of directors of the insurer, before entering into
any derivative transaction, to approve a derivative use plan, as part of
the insurer's investment plan otherwise required by law, that describes
investment objectives and risk constraints, such as counterparty exposure
amounts; defines permissible transactions identifying the risks to be
hedged, the assets or liabilities being replicated; and requires compliance
with internal control procedures. 

3.  Requires the insurer to establish written internal control procedures
for a quarterly report to the board of directors relating to derivative
transactions; a system for determining whether hedging or replication
strategies utilized have been effective; a system of regular reports (not
less frequently than monthly) to management relating to derivative
transactions; written authorizations that identify the responsibilities and
limitations of authority of persons authorized to effect and maintain
derivative transactions; and documentation appropriate for each
transaction. 

4. Requires an insurer to be able to demonstrate to the commissioner, upon
request, the intended hedging characteristics and ongoing effectiveness of
the derivative transaction or combination of transactions through cash flow
testing, duration analysis, or other appropriate analysis.  

5. Requires an insurer to include all counterparty exposure amounts in
determining compliance with the limitations of Subsection (c). 

6.  Requires the insurer, 10 days prior to entering into the initial
hedging transaction, to notify the commissioner,  in writing that the
insurer's board of directors has adopted an investment plan which
authorizes hedging transactions, and that all hedging transactions will
comply with this article.  Requires insurers already engaged in hedging
transactions to notify the commissioner as set forth in the preceding
sentence within 30 days of the effective date of this article.  Authorizes
an insurer to enter into hedging transactions under this article, if as a
result of and after giving effect to each such transaction certain outcomes
are realized: 

  _the aggregate statement value of all outstanding options (other than
collars), caps, floors, swaptions and warrants (not attached to another
financial instrument purchased by the insurer) pursuant to this article
does not exceed 7.5 percent of its assets; 
  _the aggregate statement value of all outstanding options (other than
collars), swaptions, warrants, caps and floors written by the insurer
pursuant to this article does not exceed three percent of its assets; and 
  _the aggregate potential exposure of all outstanding collars, swaps,
forwards and futures entered into or acquired by the insurer pursuant to
this article does not exceed 6.5 percent of its assets. 
 
Authorizes the commissioner, whenever the derivative transactions entered
into under this Subsection 6, are not in compliance with this Subsection 6
or, if continued, may now or subsequently, create a hazardous financial
condition to the insurer which affects its policyholders, creditors, or the
general public, after notice and an opportunity for a hearing, to order the
insurer to take such action as may be reasonably necessary to rectify a
hazardous financial condition or to prevent an impending hazardous
financial condition from occurring.  

7.  Authorizes an insurer only to enter into an income generation
transaction if two enumerated conditions are met: 
 
8.  Authorizes an insurer to enter into replication transactions only with
prior written approval from the commissioner.  Authorizes the commissioner
to adopt such rules and regulations regarding replication transactions as
may be fair and reasonable to implement this subsection.  

9.  Authorizes an insurer to purchase or sell one or more derivative
instruments to offset, in whole or in part, any derivative instrument
previously purchased or sold, as the case may be, without regard to the
quantitative limitations of this article, provided that such offsetting
transaction utilizes the same type of derivative instrument as the
derivative instrument being offset.  

10.  Trading Requirements.  Requires each derivative instrument to be
traded on a securities exchange; entered into with, or guaranteed by, a
business entity; issued or written by or entered into with the issuer of
the underlying interest on which the derivative instrument is based; or in
the case of futures, traded through a broker which is registered as a
futures commission merchant under the Commodity Exchange Act or which has
received exemptive relief from such registration under Rule 30.10
promulgated under the Commodity Exchange Act. 

Deletes existing Subsection (a)-(d).

Sec. 2.  Makes a conforming change.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.