Bill Text: TX HB2839 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to a liquidity stress test for certain insurance companies.
Sponsorship: Bipartisan Bill
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB2839 Detail]
Download: Texas-2023-HB2839-Enrolled.html
| H.B. No. 2839 | ||
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| relating to a liquidity stress test for certain insurance | ||
| companies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 823, Insurance Code, is | ||
| amended by adding Section 823.0596 to read as follows: | ||
| Sec. 823.0596. LIQUIDITY STRESS TEST. (a) In this section: | ||
| (1) "Liquidity stress test framework" means an | ||
| evidence-based analysis that aims to capture the impact on | ||
| financial markets of aggregate asset sales of certain insurers | ||
| under various liquidity stress scenarios. | ||
| (2) "Scope criteria" means the designated exposure | ||
| bases, including minimum magnitudes of the bases for a specified | ||
| data year, adopted by the commissioner by rule under Subsection (e) | ||
| to establish a preliminary list of insurers included in the | ||
| liquidity stress test framework for that data year. | ||
| (3) "Ultimate controlling person" has the meaning | ||
| assigned by Section 823.055. | ||
| (b) The ultimate controlling person of an insurer shall file | ||
| the insurer's results of a specific year's liquidity stress test | ||
| performed using the liquidity stress test framework adopted by the | ||
| commissioner by rule under Subsection (e) if: | ||
| (1) this state is the lead state of the insurer's | ||
| group; and | ||
| (2) the insurer or the insurer's group meets the scope | ||
| criteria. | ||
| (c) The filing must be made on the reporting template for | ||
| the relevant year adopted by the commissioner by rule under | ||
| Subsection (e). | ||
| (d) The commissioner may exempt from the filing requirement | ||
| for a data year an insurer described by Subsection (b) after the | ||
| commissioner consults with other state insurance commissioners | ||
| regarding the impact that exempting the insurer may have on the | ||
| aggregation of liquidity stress test results filed by other | ||
| insurers with those states. | ||
| (e) The commissioner by rule shall adopt a liquidity stress | ||
| test framework, including scope criteria and reporting templates, | ||
| consistent with the framework published by the National Association | ||
| of Insurance Commissioners to facilitate the aggregation of results | ||
| from the liquidity stress test filed with this and other states. | ||
| (f) The commissioner shall collect the results filed under | ||
| Subsection (b) and report them to the National Association of | ||
| Insurance Commissioners in a manner that facilitates the | ||
| aggregation of other insurers' results filed with this and other | ||
| states. | ||
| (g) In addition to the confidentiality protections under | ||
| Section 823.011: | ||
| (1) a filing required by Subsection (b) in the | ||
| possession or control of the department that is obtained by, | ||
| created by, or disclosed to the commissioner or any other person, | ||
| including the National Association of Insurance Commissioners, is | ||
| recognized by this state as being proprietary and to contain trade | ||
| secrets; and | ||
| (2) the commissioner and any other person, including | ||
| the National Association of Insurance Commissioners, who receives a | ||
| filing required by Subsection (b) may not testify or be required to | ||
| testify in any private civil action concerning that filing. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2839 was passed by the House on May 2, | ||
| 2023, by the following vote: Yeas 143, Nays 1, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2839 was passed by the Senate on May | ||
| 24, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
