(a) An insurance company may, on prior approval of the department, purchase outstanding shares of the company's capital stock in accordance with the Texas Business Corporation Act either by making a tender offer or by entering into a negotiated private transaction.
(b) The application for approval under Subsection (a) must:
(1) state the number of shares offered;
(2) describe the shares;
(3) contain any pertinent information regarding the value of the shares, including:
(A) the price offered by the company for the shares;
(B) the book value of the shares; and
(C) the market value of the shares if a market exists for those shares; and
(4) demonstrate that the shares will be purchased using uncommitted earned surplus.
(c) Before filing the application the insurance company must present a copy of the application to the seller of the shares.
(d) The commissioner shall approve the application promptly if:
(1) the price offered by the insurance company for the shares appears to be a reasonably fair price; and
(2) the application complies with the requirements of this section and the Texas Business Corporation Act.