Bill Text: TX HB2467 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to excluding certain premiums, revenues, and fees from the determination of certain insurers' taxable gross premiums or revenues; affecting certain taxes.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB2467 Detail]

Download: Texas-2015-HB2467-Comm_Sub.html

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84R14162 KKR-F
By: King of Parker, Flynn, H.B. No. 2467
Thompson of Brazoria
Substitute the following for H.B. No. 2467:
By: Frullo C.S.H.B. No. 2467

A BILL TO BE ENTITLED
AN ACT
relating to excluding certain premiums, revenues, and fees from the
determination of certain insurers' taxable gross premiums or
revenues; affecting certain taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 222.002(c), Insurance Code, is amended
to read as follows:
(c) The following are not included in determining an
insurer's taxable gross premiums or a health maintenance
organization's taxable gross revenues:
(1) returned premiums or revenues;
(2) dividends applied to purchase paid-up additions to
insurance or to shorten the endowment or premium payment period;
(3) premiums received from an insurer for reinsurance;
(4) premiums or revenues received from the treasury of
the United States for insurance or benefits contracted for by the
federal government in accordance with or in furtherance of Title
XVIII of the Social Security Act (42 U.S.C. Section 1395c et seq.)
and its subsequent amendments;
(5) premiums or revenues paid on group health,
accident, and life policies or contracts in which the group covered
by the policy or contract consists of a single nonprofit trust
established to provide coverage primarily for employees of:
(A) a municipality, county, or hospital district
in this state; or
(B) a county or municipal hospital, without
regard to whether the employees are employees of the county or
municipality or of an entity operating the hospital on behalf of the
county or municipality; [or]
(6) premiums or revenues excluded by another law of
this state; or
(7) additional premiums, revenues, or fees related to
an insurer's recoupment of the health insurance providers fee
imposed under Section 9010 of the federal Patient Protection and
Affordable Care Act (Pub. L. No. 111-148), as amended by the Health
Care and Education Reconciliation Act of 2010 (Pub. L.
No. 111-152), whether the premiums, revenues, or fees are stated
separately or included in the rates charged for coverage.
SECTION 2. Section 257.003(b), Insurance Code, is amended
to read as follows:
(b) The gross premiums on which an assessment is based under
this chapter may not include:
(1) premiums received from the United States for
insurance contracted for by the United States in accordance with
or in furtherance of Title XVIII of the Social Security Act (42
U.S.C. Section 1395c et seq.) and its subsequent amendments; [or]
(2) premiums paid on group health, accident, and life
policies in which the group covered by the policy consists of a
single nonprofit trust established to provide coverage primarily
for employees of:
(A) a municipality, county, or hospital district
in this state; or
(B) a county or municipal hospital, without
regard to whether the employees are employees of the county or
municipality or of an entity operating the hospital on behalf of the
county or municipality; or
(3) additional premiums, revenues, or fees related to
an insurer's recoupment of the health insurance providers fee
imposed under Section 9010 of the federal Patient Protection and
Affordable Care Act (Pub. L. No. 111-148), as amended by the Health
Care and Education Reconciliation Act of 2010 (Pub. L.
No. 111-152), whether the premiums, revenues, or fees are stated
separately or included in the rates charged for coverage.
SECTION 3. The change in law made by this Act applies only
to a tax liability accruing on or after January 1, 2013.
SECTION 4. The comptroller of public accounts shall adopt
rules necessary to implement the changes in law made by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.