A charitable gift annuity is a qualified charitable gift annuity for purposes of this chapter if it was issued before September 1, 1995, or if it is:
(1) described by Section 501(m)(5), Internal Revenue Code of 1986; and
(2) issued by a charitable organization that on the date of the annuity agreement:
(A) has, exclusive of the assets funding the annuity agreement, a minimum of $100,000 in unrestricted cash, cash equivalents, or publicly traded securities; and
(B) has been in continuous operation for at least three years or is a successor or affiliate of a charitable organization that has been in continuous operation for at least three years.
Official text of the Texas Insurance Code as published by the Texas Legislative Council.