Texas Insurance Code Title 4, Chapter 424 - Investments For Certain Insurers

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 424.001 - Definitions
  In this chapter: (1) "Insurer" means any insurer organized under the laws of this state other than an insurer writing life, health, and accident insurance....

SUBCHAPTER B INVESTMENT OF FUNDS IN EXCESS

• Texas Section 424.002 - Inapplicability Of Certain Law
  The definition of "state" assigned by Section 311.005, Government Code, does not apply to this chapter. Added by Acts 2005, 79th Leg., Ch. 727 (H.B....
• Texas Section 424.051 - General Investment Authority Specified By Law
  An insurer may not invest the insurer's funds in excess of minimum capital and surplus, except that an insurer may invest as otherwise authorized by...
• Texas Section 424.052 - Additional General Investment Authority
  An insurer may make investments that are not otherwise authorized by this chapter or otherwise authorized by this code for the insurer if: (1) the...
• Texas Section 424.053 - Limitation As To Single Issuer Or Borrower
  (a) Notwithstanding Sections 424.051, 424.056-424.071, and 424.074, the aggregate amount of an insurer's investments in all or any type of securities, loans, obligations, or evidences...
• Texas Section 424.054 - Applicability Of Percentage Authorizations And Limitations
  (a) The percentage authorizations and limitations established by Sections 424.051, 424.053-424.071, and 424.074 apply only at the time an investment is originally acquired or a...
• Texas Section 424.055 - Waiver By Commissioner Of Quantitative Limitations
  (a) Notwithstanding Sections 424.051, 424.056-424.071, and 424.074, the commissioner may waive a quantitative limitation on any investment authorized by those laws if: (1) the insurer...
• Texas Section 424.056 - Written Investment Plan
  (a) Each insurer's board of directors, or, if the insurer does not have a board of directors, the corresponding authority designated by the insurer's charter,...
• Texas Section 424.057 - Investment Records
  An insurer shall maintain investment records covering each transaction. The insurer must be able to demonstrate at all times to the department that the insurer's...
• Texas Section 424.058 - Authorized Investments: Form Of Minimum Capital And Surplus
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in any manner authorized by Section 822.204 for investment of the...
• Texas Section 424.059 - Authorized Investments: Government Obligations
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in a bond or other evidence of indebtedness of any state...
• Texas Section 424.060 - Authorized Investments: Stock Of National Or State Bank
  (a) An insurer may invest the insurer's funds in excess of minimum capital and surplus in the stock of: (1) a national bank; or (2)...
• Texas Section 424.061 - Authorized Investments: Deposits In Certain Financial Institutions
  (a) Subject to this section, an insurer may invest in any type of savings deposit, time deposit, certificate of deposit, NOW account, or money market...
• Texas Section 424.062 - Authorized Investments: Certain Obligations Of Partnership Or Corporation
  (a) Except as provided by this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in a stock, bond,...
• Texas Section 424.063 - Authorized Investments: Mutual Funds
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in shares of a mutual fund engaged in business under the...
• Texas Section 424.064 - Authorized Investments: Real Property
  (a) Subject to this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in real property to the extent...
• Texas Section 424.065 - Acting As Real Estate Broker Or Salesperson Prohibited
  An insurer defined in Section 822.001 or 822.201 or another insurer specifically made subject to Sections 424.051, 424.053-424.071, and 424.074 may not engage in the...
• Texas Section 424.066 - Authorized Investments: Obligations Secured By Real Property Loans
  (a) Subject to this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in a bond, note, or evidence...
• Texas Section 424.067 - Authorized Investments: Transportation Equipment
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in: (1) an adequately secured equipment trust obligation, certificate, or other...
• Texas Section 424.068 - Authorized Investments: Investment In Foreign Jurisdiction
  (a) In addition to the investments in Canada authorized by Sections 424.051, 424.058-424.071, and 424.074 and subject to this section, an insurer may invest the...
• Texas Section 424.069 - Authorized Investments: Certain Loans
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in a loan on the pledge of any mortgage, stock, bond,...
• Texas Section 424.070 - Authorized Investments: Obligations Of Local Governmental Entities
  (a) Subject to this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in a bond or other interest-bearing...
• Texas Section 424.071 - Authorized Investments: The University Of Texas
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in an interest-bearing note or bond of The University of Texas...
• Texas Section 424.072 - Authorized Investments: Bonds Issued, Assumed, Or Guaranteed In International Market
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in bonds issued, assumed, or guaranteed by any of the following...
• Texas Section 424.073 - Authorized Investments: Insurer Engaged In Business In Foreign Country
  (a) Subject to this section, an insurer authorized by the law of a foreign country to engage in a line of insurance in which the...

SUBCHAPTER C INVESTMENT POOLS

• Texas Section 424.074 - Other Specifically Authorized Investments
  An insurer may invest the insurer's funds in excess of minimum capital and surplus in: (1) a savings account as authorized by Chapter 65, Finance...
• Texas Section 424.101 - Definitions
  In this subchapter: (1) "Business entity" means an association, corporation, joint stock company, joint venture, limited liability company, mutual fund trust, partnership, or other similar...
• Texas Section 424.102 - Authority To Invest In Pool
  An insurer may acquire investments and participate in an investment pool that is qualified under Section 424.103(b) and the investments of which are limited to...
• Texas Section 424.103 - Investment Pool Requirements And Qualifications
  (a) An investment pool must be a business entity. (b) To be qualified, an investment pool must: (1) have a written pooling agreement and a...
• Texas Section 424.104 - Authorized Investments For Short-term Investment Pool
  A short-term investment pool may contain only: (1) obligations described by Section 424.105; (2) money market funds described by Section 424.106; or (3) repurchase, reverse...
• Texas Section 424.105 - Short-term Investment Pool: Certain Short-term Obligations
  (a) Obligations contained in a short-term investment pool must meet the requirements of this section. (b) The obligations must: (1) have a rating by the...
• Texas Section 424.106 - Short-term Investment Pool: Certain Money Market Funds
  A short-term investment pool may contain a money market fund as described by 17 C.F.R. Section 270.2a-7 under the Investment Company Act of 1940 (15...
• Texas Section 424.107 - Authorized Investments For Authorized Investment Pool; Limitation
  (a) An authorized investment pool may contain only investments that a participating insurer is authorized to acquire by provisions of this code other than this...
• Texas Section 424.108 - General Insurer Investment Limitations
  An insurer may not acquire an investment in an investment pool if, as a result of and after making the investment, the aggregate amount of...
• Texas Section 424.109 - Designation Of Pool Manager; Qualifications
  (a) The pooling agreement for an investment pool must designate a pool manager. (b) The pool manager must be organized under the laws of the...
• Texas Section 424.110 - Pool Manager To Maintain Assets; Custody Agreement
  (a) The pool manager shall maintain the assets of the investment pool in one or more accounts, in the name of or on behalf of...
• Texas Section 424.111 - Pooling Agreement Provisions
  The pooling agreement for an investment pool must provide that: (1) 100 percent of the ownership interests in the pool must at all times be...
• Texas Section 424.112 - Withdrawals And Distributions
  (a) A pool participant must be able to make withdrawals on demand without penalty or other assessment on any business day, and settlement of funds...
• Texas Section 424.113 - Investment Pool Records
  The pool manager shall compile and maintain: (1) detailed accounting records that show: (A) the cash receipts and disbursements reflecting each pool participant's proportionate investment...
• Texas Section 424.114 - Inspection Of Records
  The pool manager shall make records of the investment pool available for inspection by the commissioner. Added by Acts 2005, 79th Leg., Ch. 727 (H.B....

SUBCHAPTER D DOLLAR ROLL, REPURCHASE, REVERSE REPURCHASE,

• Texas Section 424.115 - Reports Of Transactions Between Pool And Participant
  (a) A transaction between an investment pool and a pool participant is not subject to Subchapter C, Chapter 823, except that before entering into a...
• Texas Section 424.151 - Definitions
  In this subchapter: (1) "Dollar roll transaction" means two simultaneous transactions with settlement dates not more than 96 days apart, in one of which an...
• Texas Section 424.152 - Transactions Authorized
  An insurer may engage in dollar roll, repurchase, reverse repurchase, and securities lending transactions as provided by this subchapter. Added by Acts 2005, 79th Leg.,...
• Texas Section 424.153 - Period Of Transaction
  An insurer must enter into a written agreement for each transaction under this subchapter, other than a dollar roll transaction. The agreement must require that...
• Texas Section 424.154 - Cash Requirements
  With respect to cash received in a transaction under this subchapter, an insurer shall: (1) invest the cash in accordance with this subchapter and in...
• Texas Section 424.155 - Collateral Requirements
  (a) While a transaction under this subchapter is outstanding, the insurer or the insurer's agent or custodian shall maintain, as to acceptable collateral received in...
• Texas Section 424.156 - Percentage Limitations
  (a) An insurer may not enter into a transaction under this subchapter if, as a result of and after making the transaction, the aggregate amount...

SUBCHAPTER E RISK CONTROL TRANSACTIONS

• Texas Section 424.157 - Rules
  The commissioner may adopt reasonable rules and issue reasonable orders as necessary to implement this subchapter. Added by Acts 2005, 79th Leg., Ch. 727 (H.B....
• Texas Section 424.201 - Definitions
  In this subchapter: (1) "Acceptable collateral" means: (A) cash; (B) cash equivalents; (C) letters of credit and direct obligations; or (D) securities that are fully...
• Texas Section 424.202 - Risk Control Transactions Authorized
  (a) Except as provided by Subsection (b), an insurer may engage in a risk control transaction authorized by this subchapter to: (1) protect the insurer's...
• Texas Section 424.203 - Notice Of Intent To Engage In Risk Control Transactions Required
  (a) Before an insurer with a statutory net capital and surplus of less than $10 million engages in a transaction authorized under this subchapter, the...
• Texas Section 424.204 - Trading Requirements For Derivative Instruments
  Each derivative instrument must be: (1) traded on a securities exchange; (2) entered into with, or guaranteed by, a business entity; (3) issued or written...
• Texas Section 424.205 - Derivative Use Plan
  (a) Before an insurer enters into a derivative transaction, the insurer's board of directors must approve a derivative use plan as part of the insurer's...
• Texas Section 424.206 - Internal Control Procedures
  An insurer that enters into a derivative transaction shall establish written internal control procedures that require: (1) a quarterly report to the board of directors...
• Texas Section 424.207 - Ability To Demonstrate Hedging Characteristics And Effectiveness
  An insurer must be able to demonstrate to the commissioner on request the intended hedging characteristics and continuing effectiveness of a derivative transaction or combination...
• Texas Section 424.208 - Offsetting Transactions
  (a) Subject to this section, an insurer may purchase or sell one or more derivative instruments to wholly or partly offset a derivative instrument previously...
• Texas Section 424.209 - Inclusion Of Counterparty Exposure Amounts
  The insurer shall include all counterparty exposure amounts in determining compliance with the limitations of this subchapter. Added by Acts 2005, 79th Leg., Ch. 727...
• Texas Section 424.210 - Oversight By Commissioner
  (a) Not later than the 10th day before the date an insurer is scheduled to enter into an initial hedging transaction, the insurer shall notify...
• Texas Section 424.211 - Authority To Enter Into Hedging Transaction
  After providing notice under Section 424.210, an insurer may enter into a hedging transaction under this subchapter if as a result of and after making...
• Texas Section 424.212 - Authority To Enter Into Income Generation Transaction
  An insurer may enter into an income generation transaction only if: (1) as a result of and after making the transaction, the sum of the...
• Texas Section 424.213 - Limitation On Sale Of Call Option On Assets
  If an income generation transaction is a sale of a call option on assets, the insurer must, during the entire period the option is outstanding,...
• Texas Section 424.214 - Limitation On Sale Of Put Option On Assets
  (a) If an income generation transaction is a sale of a put option on assets, the insurer must: (1) during the entire period the option...
• Texas Section 424.215 - Limitation On Sale Of Call Option On Derivative Instrument
  If an income generation transaction is a sale of a call option on a derivative instrument, including a swaption, the insurer must: (1) during the...
• Texas Section 424.216 - Limitation On Sale Of Cap Or Floor
  If an income generation transaction is a sale of a cap or a floor, the insurer must, during the entire period the cap or floor...
• Texas Section 424.217 - Authority To Enter Replication Transaction
  (a) An insurer may enter into a replication transaction only with the prior written approval of the commissioner. (b) To be eligible for approval by...
• Texas Section 424.218 - Rules
  The commissioner may adopt rules consistent with this subchapter that prescribe reasonable limits, standards, and guidelines for: (1) the risk control transactions authorized under this...

Last modified: September 28, 2016