Sec. 425.152. AUTHORIZED INVESTMENTS: INVESTMENTS NOT OTHERWISE SPECIFIED OR PROHIBITED; INVESTMENTS AUTHORIZED BY OTHER LAW. (a) Subject to this section, an insurance company may make an investment that is not otherwise authorized by this subchapter and that is not specifically prohibited by statute, including any portion of an investment that exceeds the limits imposed by Sections 425.109-425.121, 425.124-425.132, and 425.151.
(b) If any aggregate or individual investment limitation imposed by Sections 425.109-425.121, 425.124-425.132, and 425.151 is exceeded, the excess portion of the investment is considered to be an investment under Subsection (a).
(c) The insurance company has the burden of establishing the value of an investment made under Subsection (a).
(d) The amount of a single investment made by an insurance company under Subsection (a) may not exceed 10 percent of the company's capital and surplus in excess of the statutory minimum capital and surplus applicable to that company.
(e) The aggregate amount of an insurance company's investments under Subsection (a) may not exceed the lesser of:
(1) five percent of the company's assets; or
(2) the amount of the company's capital and surplus that exceeds the amount of statutory minimum capital and surplus applicable to that company.
(f) An insurance company may invest in any investment authorized for an insurance company that is subject to this subchapter by a provision of this code other than this subchapter or by another law of this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Structure Texas Statutes
Title 4 - Regulation of Solvency
Subtitle B - Reserves and Investments
Chapter 425 - Reserves and Investments for Life Insurance Companies and Related Entities
Section 425.102. Inapplicability of Certain Law
Section 425.103. Applicability of Subchapter
Section 425.105. Written Investment Plan
Section 425.106. Investment Records; Demonstration of Compliance
Section 425.108. Authorized Investments and Transactions in General
Section 425.109. Authorized Investments: Government Obligations
Section 425.110. Authorized Investments: Obligations of and Other Investments in Business Entities
Section 425.112. Authorized Investments: Policy Loans
Section 425.113. Authorized Investments: Deposits in Certain Financial Institutions
Section 425.114. Authorized Investments: Insurance Company Investment Pools
Section 425.115. Authorized Investments: Equity Interests
Section 425.116. Authorized Investments: Preferred Stock
Section 425.117. Authorized Investments: Collateral Loans
Section 425.118. Authorized Investments: Obligations Secured by Real Property Loans
Section 425.1185. Authorized Investments: Mezzanine Real Estate Loans
Section 425.119. Authorized Investments: Real Property
Section 425.120. Authorized Investments: Oil, Gas, and Minerals
Section 425.122. Authorized Investments: Premium Loans
Section 425.123. Authorized Investments: Money Market Funds
Section 425.124. Authorized Investments: Risk Control Transactions
Section 425.125. Risk Control Transactions: Definitions
Section 425.126. Risk Control Transactions: Derivative Use Plan
Section 425.127. Risk Control Transactions: Internal Control Procedures
Section 425.128. Risk Control Transactions: Oversight by Commissioner
Section 425.129. Risk Control Transactions: Limitations on Income Generation Transactions
Section 425.130. Risk Control Transactions: Limitations on Replication Transactions
Section 425.131. Risk Control Transactions: Trading Requirements
Section 425.132. Risk Control Transactions: Offsetting Transactions
Section 425.151. Authorized Investments: Foreign Countries and United States Territories
Section 425.153. Authorized Investments: Certain Previously Authorized Investments
Section 425.154. Applicability of Percentage Authorizations and Limitations
Section 425.155. Qualification of Investments
Section 425.156. Distributions, Reinsurance, and Merger
Section 425.157. Aggregate Diversification Requirements
Section 425.158. Waiver by Commissioner of Quantitative Limitations
Section 425.159. Accounting Provisions
Section 425.160. Investments of Ceding Insurers
Section 425.161. Acting as Real Estate Broker or Salesperson Prohibited