(a) Except as provided by Subsection (b), an insurer may engage in a risk control transaction authorized by this subchapter to:
(1) protect the insurer’s assets against the risk of changing asset values or interest rates;
(2) reduce risk; and
(3) generate income.
(b) An insurer with a statutory net capital and surplus as determined by the insurer’s most recent financial statement required to be filed with the department that is less than the minimum amount of capital and surplus required for a new charter and certificate of authority for the same type of insurer may not engage in a transaction authorized under this subchapter.