By:  Martin                                           H.B. No. 1681
       73R6161 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to windstorm insurance issued by the Texas Catastrophe
    1-3  Property Insurance Association.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 8(h) and (i), Article 21.49, Insurance
    1-6  Code, are amended to read as follows:
    1-7        (h)  Rates, including extended coverage rates covering risks
    1-8  or classes of risks written by the Association before December 31,
    1-9  1995, may not exceed the highest rate within the flexibility band
   1-10  relative to the applicable  benchmark rates promulgated by the
   1-11  Board under Subchapter M, Chapter 5, Insurance Code, for
   1-12  noncommercial lines of insurance.  Rates for noncommercial lines of
   1-13  insurance written by the Association on or after December 31, 1995,
   1-14  may not exceed the manual rate promulgated by the Board under
   1-15  Subchapter C, Chapter 5, Insurance Code.  Notwithstanding Article
   1-16  5.13-2, Insurance Code, the Board shall promulgate a manual rate
   1-17  for commercial risks and classes of risks written by the
   1-18  Association in accordance with Subchapter C, Chapter 5, Insurance
   1-19  Code.  Article 5.13-2, Insurance Code, does not apply to the rates
   1-20  of insurance written by the Association.
   1-21        If valid flood or rising water insurance coverage exists and
   1-22  is maintained on any risk being insured in the pool the State Board
   1-23  of Insurance may provide for a rate and reduction in rate of
   1-24  premium as may be appropriate.
    2-1        The State Board of Insurance shall make provision by rule and
    2-2  regulation requiring catastrophe reserves as part of the premium
    2-3  received on risks or classes of risks located in a catastrophe area
    2-4  and shall approve a catastrophe reinsurance pool or program that is
    2-5  funded through the excess of premiums over losses in a calendar
    2-6  year and may approve a catastrophe reinsurance pool funded through
    2-7  assessments of members of the Association.  The amount required to
    2-8  be reserved for catastrophes (as such catastrophes are defined by
    2-9  the Board) shall be that portion of the pure premium as is
   2-10  actuarially made attributable, as ascertained by the Board, to
   2-11  prospective catastrophic loss.  The portion of the pure premium
   2-12  attributable to prospective catastrophic loss shall not be income
   2-13  and shall be unearned until the occurrence of an applicable
   2-14  catastrophe as defined and shall be held in trust by the pool or
   2-15  trustee of the pool until losses are paid therefrom under such
   2-16  reasonable rules and regulations as the State Board of Insurance
   2-17  shall prescribe or approve.
   2-18        (i)  The Board annually shall promulgate extended coverage
   2-19  rates <based on sound actuarial principles>.  Rates for windstorm
   2-20  and hail insurance shall be 90 percent of the extended coverage
   2-21  rates.  Extended coverage rates shall be uniform throughout the
   2-22  first tier coastal counties.  The catastrophe element of extended
   2-23  coverage rates shall be uniform throughout the seacoast territory
   2-24  and shall be based on all monoline extended coverage loss
   2-25  experience of all regulated insurers authorized to do business in
   2-26  this state, including the Association, for property located in the
   2-27  seacoast territory, using the most recent 30 years' experience
    3-1  available.  Surcharges collected in the past and used in the
    3-2  development of current manual rates may not be excluded from future
    3-3  rate development as long as those surcharges were collected during
    3-4  the experience period used by the Board.
    3-5        SECTION 2.  Section 19, Article 21.49, Insurance Code, is
    3-6  amended to read as follows:
    3-7        Sec. 19.  Payment of Losses Exceeding $100 Million in Year;
    3-8  Premium Tax Credit.  If, in any calendar year, an <In the event
    3-9  any> occurrence or series of occurrences within the defined
   3-10  catastrophe area results in insured losses of the association
   3-11  totaling in excess of five percent of the total prospective
   3-12  liability of the association, as determined by the board of
   3-13  directors <$100 million within a single calendar year>, the
   3-14  proportion of the total loss allocable to each insurer shall be
   3-15  determined in the same manner as its participation in the
   3-16  association has been determined for the year under Subsection (c)
   3-17  of Section 5 of this article <the Texas Catastrophe Insurance Pool
   3-18  Act, as amended,> and any insurer which has paid its share of total
   3-19  losses exceeding that amount <$100 million> in a calendar year
   3-20  shall be entitled to credit the amount of that excess share against
   3-21  its premium tax under Article 4.10 of this code and its subsequent
   3-22  amendments <Article 7064, Revised Civil Statutes of Texas, 1925, as
   3-23  amended>.  The tax credit herein authorized shall be allowed at a
   3-24  rate not to exceed 10 <20> percent per year for 10 <five> or more
   3-25  successive years following the year of payment of the claims.  The
   3-26  balance of payments paid by the insurer and not claimed as such tax
   3-27  credit may be reflected in the books and records of the insurer as
    4-1  an admitted asset of the insurer for all purposes, including
    4-2  exhibition in annual statements pursuant to Article 6.12 of this
    4-3  code and its subsequent amendments <Insurance Code>.
    4-4        SECTION 3.  Article 21.49, Insurance Code, is amended by
    4-5  adding Sections 20 and 21 to read as follows:
    4-6        Sec. 20.  FUNDING FOR LOSSES CAUSED BY CERTAIN CATASTROPHIC
    4-7  WINDSTORMS.  (a)  The board of directors of the association, with
    4-8  the approval of the board, may issue revenue bonds in accordance
    4-9  with Article 21.49A of this code and its subsequent amendments to
   4-10  recoup a loss incurred as a result of a severe hurricane or other
   4-11  windstorm in a first tier coastal county.
   4-12        (b)  The board may not approve the issuance of revenue bonds
   4-13  under this section unless the board finds, after a hearing, that a
   4-14  portion of a first tier coastal county has suffered insured losses
   4-15  because of sustained wind forces of a least 130 miles per hour.
   4-16        Sec. 21.  REFERRALS PROHIBITED.  An insurer or an agent of an
   4-17  insurer may not refer to the association for coverage an applicant
   4-18  for insurance or an insured whose policy has been cancelled or not
   4-19  renewed.
   4-20        SECTION 4.  Subchapter E, Chapter 21, Insurance Code, is
   4-21  amended by adding Article 21.49A to read as follows:
   4-22        Art. 21.49A.  REVENUE BONDS TO FUND CATASTROPHIC LOSSES OF
   4-23  CATASTROPHE PROPERTY INSURANCE POOL
   4-24        Sec. 1.  DEFINITIONS.  In this article:
   4-25              (1)  "Association" means the Texas Catastrophe Property
   4-26  Insurance Association.
   4-27              (2)  "Authority" means the Texas Public Finance
    5-1  Authority.
    5-2              (3)  "Bond resolution" means the resolution or order
    5-3  authorizing the bonds to be issued under this article.
    5-4              (4)  "Seacoast territory" has the meaning assigned by
    5-5  Section 3, Article 21.49, of this code and its subsequent
    5-6  amendments.
    5-7        Sec. 2.  BONDS AUTHORIZED.  On behalf of the association, the
    5-8  Texas Public Finance Authority shall issue revenue bonds to recoup
    5-9  losses incurred by the association as provided by Section 20,
   5-10  Article 21.49, of this code and its subsequent amendments.
   5-11        Sec. 3.  APPLICABILITY OF OTHER STATUTES.  The following Acts
   5-12  and any subsequent amendments apply to bonds issued under this
   5-13  article to the extent consistent with this article:
   5-14              (1)  the Texas Public Finance Authority Act (Article
   5-15  601d, Vernon's Texas Civil Statutes);
   5-16              (2)  Chapter 656, Acts of the 68th Legislature, Regular
   5-17  Session, 1983 (Article 717q, Vernon's Texas Civil Statutes);
   5-18              (3)  Chapter 3, Acts of the 61st Legislature, Regular
   5-19  Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);
   5-20              (4)  the Bond Procedures Act of 1981 (Article 717k-6,
   5-21  Vernon's Texas Civil Statutes);
   5-22              (5)  Chapter 1078, Acts of the 70th Legislature,
   5-23  Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
   5-24  Statutes);
   5-25              (6)  Article 3, Chapter 53, Acts of the 70th
   5-26  Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
   5-27  Texas Civil Statutes);
    6-1              (7)  Article 717k-9, Revised Statutes; and
    6-2              (8)  Chapter 400, Acts of the 66th Legislature, 1979
    6-3  (Article 717m-1, Vernon's Texas Civil Statutes).
    6-4        Sec. 4.  LIMITS.  The authority may issue, on behalf of the
    6-5  fund, bonds in a total amount not to exceed $300 million.
    6-6        Sec. 5.  CONDITIONS.  (a)  Bonds may be issued at public or
    6-7  private sale.
    6-8        (b)  Bonds may mature not more than 20 years after the date
    6-9  issued.
   6-10        (c)  Bonds must be issued in the name of the association.
   6-11        Sec. 6.  ADDITIONAL COVENANTS.  In a bond resolution, the
   6-12  board of directors of the authority may make additional covenants
   6-13  with respect to the bonds and the designated income and receipts of
   6-14  the fund pledged to their payment and may provide for the flow of
   6-15  funds and the establishment, maintenance, and investment of funds
   6-16  and accounts with respect to the bonds.
   6-17        Sec. 7.  SPECIAL ACCOUNTS.  (a)  A bond resolution may
   6-18  establish special accounts in the fund including an interest and
   6-19  sinking fund account, reserve account, and other accounts.
   6-20        (b)  The board of directors of the association shall
   6-21  administer the accounts.
   6-22        Sec. 8.  SECURITY.  (a)  Bonds are payable only from the
   6-23  recoupment fee established by Section 9 of this article.
   6-24        (b)  Bonds are obligations solely of the association.  Bonds
   6-25  do not create a pledging, giving, or lending of the faith, credit,
   6-26  or taxing authority of this state.
   6-27        (c)  Each bond must include a statement that the state is not
    7-1  obligated to pay any amount on the bond and that the faith, credit,
    7-2  and taxing authority of this state are not pledged, given, or lent
    7-3  to those payments.
    7-4        (d)  Each bond issued under this article must state on its
    7-5  face that the bond is payable solely from the revenues pledged for
    7-6  that purpose and that the bond does not and may not constitute a
    7-7  legal or moral obligation of the state.
    7-8        Sec. 9.  RECOUPMENT FEE.  (a)  A recoupment fee shall be
    7-9  collected on each policy of windstorm and hail insurance issued or
   7-10  renewed by an insurer in the seacoast territory or by the
   7-11  association.
   7-12        (b)  The recoupment fee shall be in an amount set by the
   7-13  State Board of Insurance on the recommendation of the board of
   7-14  directors of the association and must be in an amount sufficient to
   7-15  pay all debt service on the bonds.
   7-16        (c)  An insurer shall pay the fee to the association as
   7-17  required by the plan of operation of the association.
   7-18        (d)  An insurer and the association may pass the recoupment
   7-19  fee through to each of their policyholders as a separate charge.
   7-20        Sec. 10.  TAX EXEMPT.  The bonds issued under this article,
   7-21  and any interest from the bonds, and all assets pledged to secure
   7-22  the payment of the bonds are free from taxation by the state or a
   7-23  political subdivision of this state.
   7-24        Sec. 11.  AUTHORIZED INVESTMENTS.  The bonds issued under
   7-25  this article constitute authorized investments under Article 2.10
   7-26  and Subpart A, Part I, Article 3.39, of this code and any
   7-27  subsequent amendments.
    8-1        Sec. 12.  STATE PLEDGE.  The state pledges to and agrees with
    8-2  the owners of any bonds issued in accordance with this article that
    8-3  the state will not limit or alter the rights vested in the program
    8-4  to fulfill the terms of any agreements made with the owners of the
    8-5  bonds or in any way impair the rights and remedies of those owners
    8-6  until the bonds, any premium or interest, and all costs and
    8-7  expenses in connection with any action or proceeding by or on
    8-8  behalf of those owners are fully met and discharged.  The program
    8-9  may include this pledge and agreement of the state in any agreement
   8-10  with the owners of the bonds.
   8-11        Sec. 13.  ENFORCEMENT BY MANDAMUS.  A writ of mandamus and
   8-12  all other legal and equitable remedies are available to any party
   8-13  at interest to require the fund and any other party to carry out
   8-14  agreements and to perform functions and duties under this article,
   8-15  the Texas Constitution, or a bond resolution.
   8-16        SECTION 5.  (a)  Except as provided by this section, this Act
   8-17  takes effect September 1, 1993.
   8-18        (b)  The change in law made by Section 1 of this Act applies
   8-19  only to rates for coverage that is delivered, issued for delivery,
   8-20  or renewed on or after January 1, 1994.  Rates for coverage that is
   8-21  delivered, issued for delivery, or renewed before January 1, 1994,
   8-22  are governed by the law as it existed immediately before the
   8-23  effective date of this Act, and that law is continued in effect for
   8-24  that purpose.
   8-25        (c)  The change in law made by Section 2 of this Act applies
   8-26  beginning tax year 1994.
   8-27        (d)  The board of directors of the Texas Catastrophe Property
    9-1  Insurance Association may issue revenue bonds as provided by
    9-2  Section 20, Article 21.49, Insurance Code, as added by this Act,
    9-3  only for losses incurred as a result of a hurricane or windstorm
    9-4  that occurs on or after June 1, 1993.
    9-5        SECTION 6.  The importance of this legislation and the
    9-6  crowded condition of the calendars in both houses create an
    9-7  emergency and an imperative public necessity that the
    9-8  constitutional rule requiring bills to be read on three several
    9-9  days in each house be suspended, and this rule is hereby suspended.