1. (a) Section 101.051(b)(7) does not apply to:

   1. (1) a program otherwise authorized by law that is established:

      1. (A) by a political subdivision of this state;
      2. (B) by a state agency; or
      3. (C) under Chapter 791, Government Code; or
   2. (2) a multiple employer welfare arrangement that is fully insured as defined by 29 U.S.C. Section 1144(b)(6).

2. (b) Notwithstanding Subsection (a)(2), the commissioner may apply a law regulating the business of insurance to a multiple employer welfare arrangement described by that subdivision to the extent that the law provides:

   1. (1) standards requiring the maintenance of specified levels of contributions that the plan, or a trust established under the plan, must meet to be considered able to pay benefits in full when due; and
   2. (2) provisions to enforce the standards described by Subdivision (1).

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.