EXEMPTION FROM SURPLUS REQUIREMENTS

(a) A mutual assessment company or association is exempt from the surplus requirements of Section 882.653 if the company or association: (1) possesses an unencumbered surplus of at least $200,000; and (2) converted to a mutual life insurance company before September 1, 1999. (b) A mutual assessment company or association that is exempt under Subsection (a) and that was converted on or after September 1, 1989, shall immediately increase its surplus to an amount that satisfies Section 882.653 on: (1) a change of control of at least 50 percent of the voting securities of the converted company or association; or (2) if the converted company or association or the holding company that controls the converted company or association, if any, is not controlled by voting securities, a change of at least 50 percent of the ownership of the converted company or association or its holding company. (c) For purposes of Subsection (b), a transfer of ownership because of death, regardless of whether the decedent died testate or intestate, is not considered a change of control of a converted mutual assessment company or association or its holding company, if ownership is transferred only to one or more individuals, each of whom would have been an heir of the decedent if the decedent had died intestate.