Sec. 425.206.  AUTHORIZED INVESTMENTS FOR ALL FUNDS: CORPORATE BONDS, NOTES, AND DEBENTURES.  (a)  Subject to Subsection (e), an insurer may invest any of the insurer's funds and accumulations in a first mortgage bond or first lien note on real or personal property of:
(1)  a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment;
(2)  a solvent corporation that has not been in existence for five consecutive years but whose first mortgage bonds or first lien notes on real or personal property are fully guaranteed by a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment;
(3)  a solvent corporation that has not been in existence for five consecutive years but whose first mortgage bonds or first lien notes on real or personal property are secured by leases or other contracts executed by a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment, if the required rentals or other required payments under the leases or other contracts are sufficient in all circumstances to pay interest and principal when due on the bonds or notes; or
(4)  a solvent corporation that has not been in existence for five consecutive years preceding the investment, if:
(A)  the corporation has succeeded to the business and assets and has assumed the liabilities of another corporation; and
(B)  neither the successor corporation or the corporation succeeded has defaulted in the payment of any debt during the five years preceding the investment.
(b)  Subject to Subsection (e), an insurer may invest any of the insurer's funds and accumulations in a note or debenture of a corporation with a net worth of at least $5 million if:
(1)  a prior lien in excess of 10 percent of the net worth of the corporation does not exist against the real or personal property of the corporation at the time the note or debenture is issued; and
(2)  under the provisions of the indenture providing for the issuance of the note or debenture, a prior lien that exceeds 10 percent of the net worth of the corporation cannot be created against the real or personal property of the corporation at the time the note or debenture is issued.
(c)  Subject to Subsection (e), an insurer may invest any of the insurer's funds and accumulations in a note or debenture of a solvent corporation that has not been in existence for five consecutive years if:
(1)  a prior lien does not exist against the real or personal property of the corporation at the time the note or debenture is issued;
(2)  under the provisions of the indenture providing for the issuance of the note or debenture, a prior lien cannot be created against the real or personal property of the corporation at the time the note or debenture is issued; and
(3)  the note or debenture is:
(A)  secured by a lease or other contract executed by a solvent corporation that has a net worth of at least $5 million and has not defaulted in the payment of any debt during the five years preceding the investment, if the required rentals or other required payments under the lease or other contract are sufficient in all circumstances to pay interest and principal when due on the bond or note; or
(B)  fully guaranteed by a corporation described by Paragraph (A).
(d)  Subject to Subsection (e), an insurer may invest any of the insurer's funds and accumulations in a bond, bill of exchange, or other commercial note or bill of:
(1)  a solvent corporation that has not defaulted in the payment of any debt during the five years preceding the investment; or
(2)  a solvent corporation that has not been in existence for the five years preceding the investment, if:
(A)  the corporation has succeeded to the business and assets and has assumed the liabilities of another corporation;
(B)  neither the successor corporation or the corporation succeeded has defaulted in the payment of any debt during the five years preceding the investment;
(C)  the corporation has a net worth of at least $50 million; and
(D)  the corporation does not have long-term indebtedness that exceeds the corporation's net worth, as evidenced by the corporation's latest published financial statements or other financial data available to the public.
(e)  The amount of an insurer's investments in the bonds, notes, debentures, or other obligations of any one corporation may not exceed five percent of the insurer's admitted assets.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.