74R10426 MWV-F
          By Berlanga, et al.                                   H.B. No. 1194
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment, certification, organization, and
    1-3  regulation of dental provider organizations and dental provider
    1-4  plans.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
    1-7  amended by adding Article 21.53C to read as follows:
    1-8        Art. 21.53C.  DENTAL PROVIDER ORGANIZATIONS
    1-9        Sec. 1.  SHORT TITLE.  This article may be cited as the Texas
   1-10  Dental Provider Organization Act.
   1-11        Sec. 2.  DEFINITIONS.  In this article:
   1-12              (1)  "Basic dental care services" means dental care
   1-13  services that a member might reasonably require to maintain good
   1-14  dental health, including, as a minimum, diagnostic, preventative,
   1-15  and restorative services.
   1-16              (2)  "Dental care" means those services specifically
   1-17  defined as practicing dentistry under the laws of this state.
   1-18              (3)  "Dental care service" means a service incident to
   1-19  the furnishing of dental care.
   1-20              (4)  "Dental provider organization" means a person that
   1-21  arranges for or provides a dental provider plan to the person's
   1-22  members for a fee or other consideration.
   1-23              (5)  "Dental provider plan" means a plan under which a
   1-24  person undertakes to arrange for the availability of dental care
    2-1  services from one or more participating dentists on a
    2-2  fee-for-service basis and according to predetermined fees or fees
    2-3  that are discounted from the participating dentists' usual and
    2-4  customary fees.  The term does not include a plan or program that
    2-5  consists of arranging for, or the provision of, dental care
    2-6  services on a prepaid basis through insurance or otherwise, or the
    2-7  indemnification against or reimbursement for the cost of dental
    2-8  care services.
    2-9              (6)  "Dentist" means a person licensed to practice
   2-10  dentistry in this state.
   2-11              (7)  "Generally accepted accounting principles" means
   2-12  accounting principles and procedures for a general business
   2-13  corporation organized under the Texas Business Corporation Act but
   2-14  does not include the accounting requirements under this code for an
   2-15  insurer.
   2-16              (8)  "Member" means an individual who is enrolled in a
   2-17  dental provider plan and therefore is eligible to seek dental care
   2-18  services from a participating dentist according to predetermined or
   2-19  discounted fees.
   2-20              (9)  "Person" means an individual, partnership,
   2-21  association, organization, trust, corporation, or other entity.
   2-22        Sec. 3.  REQUIREMENT OF CERTIFICATE OF AUTHORITY.  (a)  A
   2-23  person may apply to the commissioner for and obtain a certificate
   2-24  of authority to establish and operate a dental provider
   2-25  organization and a dental provider plan in accordance with this
   2-26  article.
   2-27        (b)  A person may not establish or operate a dental provider
    3-1  organization or dental provider plan in this state, or sell or
    3-2  offer to sell or solicit offers to purchase or receive advance or
    3-3  periodic consideration in conjunction with a dental provider plan,
    3-4  unless the person holds a valid certificate of authority under this
    3-5  article.
    3-6        (c)  A foreign corporation registered to do business in this
    3-7  state as a foreign corporation under the Texas Business Corporation
    3-8  Act may obtain a certificate of authority in accordance with this
    3-9  article and other applicable state statutes.
   3-10        Sec. 4.  INITIAL CERTIFICATE; APPLICATION.  (a)  An applicant
   3-11  for an initial certificate of authority must submit an application
   3-12  on a form prescribed by the commissioner.  The application must:
   3-13              (1)  be accompanied by the nonrefundable application
   3-14  fee prescribed by Section 19 of this article;
   3-15              (2)  be verified by the applicant or by an officer or
   3-16  other authorized representative of the applicant; and
   3-17              (3)  include:
   3-18                    (A)  a copy of the applicant's basic
   3-19  organizational document, if any, including the articles of
   3-20  incorporation, articles of association, partnership agreement, or
   3-21  trust agreement, as applicable, any documents evidencing assumed
   3-22  names used, other applicable documents, and all amendments;
   3-23                    (B)  a copy of the bylaws, rules, or similar
   3-24  documents, if any, regulating the conduct of the applicant's
   3-25  internal affairs;
   3-26                    (C)  a list of the names, addresses, and official
   3-27  positions of the persons who are to be responsible for the conduct
    4-1  of the applicant's affairs, including each member of the board of
    4-2  directors, board of trustees, executive committee, or other
    4-3  governing body or committee, the principal officers if a
    4-4  corporation, and the partners or members if a partnership or
    4-5  association;
    4-6                    (D)  a sample copy of the form of a contract made
    4-7  or to be made between a dentist, other provider, marketing
    4-8  representative, or person listed in Paragraph (C) of this
    4-9  subdivision and the applicant;
   4-10                    (E)  each schedule of dental care service fees to
   4-11  be issued by the applicant under Section 9 of this article;
   4-12                    (F)  a current audited financial statement that
   4-13  includes:
   4-14                          (i)  a balance sheet;
   4-15                          (ii)  a statement of income and retained
   4-16  earnings; and
   4-17                          (iii)  a statement of cash flow;
   4-18                    (G)  a statement reasonably describing the
   4-19  geographic or metropolitan area, or both if applicable, to be
   4-20  served by the applicant;
   4-21                    (H)  a description of the procedures to be used
   4-22  by the applicant under Section 10 of this article in resolving a
   4-23  complaint from a member or participating dentist;
   4-24                    (I)  a copy of the dental provider organization's
   4-25  surety bond as required by Section 11(c) of this article; and
   4-26                    (J)  other information as the commissioner may
   4-27  require to make the determinations required by this article.
    5-1        (b)  The commissioner shall review an application when filed.
    5-2  The commissioner shall promptly notify the applicant of any
    5-3  deficiencies in the application and shall allow the applicant 60
    5-4  days to correct the deficiencies.  The commissioner shall delay
    5-5  final action on the application to allow the applicant to correct
    5-6  the deficiencies.
    5-7        (c)  If possible and unless final action is delayed to allow
    5-8  the applicant to correct deficiencies in the application, the
    5-9  commissioner shall issue the certificate or deny the application
   5-10  not later than the 60th day after the date the commissioner
   5-11  receives the application.  However, the applicant may request and
   5-12  the commissioner may grant a delay if necessary.
   5-13        (d)  The commissioner shall issue the certificate if the
   5-14  commissioner is satisfied that:
   5-15              (1)  each item in the application appears satisfactory;
   5-16              (2)  each person responsible for the conduct of the
   5-17  applicant's affairs is competent, trustworthy, and of good
   5-18  reputation;
   5-19              (3)  the dental provider plan constitutes an
   5-20  appropriate mechanism that effectively provides or arranges for the
   5-21  availability of basic dental care services on a fee-for-service
   5-22  basis at predetermined or discounted fees;
   5-23              (4)  the dental provider organization is fully
   5-24  responsible and may reasonably be expected to meet its obligations
   5-25  to members and prospective members; and
   5-26              (5)  the proposed method of operation, as shown by the
   5-27  information submitted under this section or as determined by
    6-1  independent investigation by the commissioner, is not contrary to
    6-2  state law.
    6-3        (e)  In making the determination under Subsection (d)(4) of
    6-4  this section, the commissioner shall consider:
    6-5              (1)  the dental provider organization's arrangement for
    6-6  availability of dental care services on a fee-for-service basis at
    6-7  predetermined or discounted fees, including the number of
    6-8  participating dentists as compared with the projected number of
    6-9  members, and its contractual relationships with its participating
   6-10  dentists;
   6-11              (2)  the schedule of dental care service fees; and
   6-12              (3)  the organization's financial soundness and the
   6-13  adequacy of its working capital.
   6-14        (f)  If after reviewing the application and giving the
   6-15  applicant a reasonable opportunity to correct any deficiencies the
   6-16  commissioner is of the opinion that the dental provider
   6-17  organization's proposed plan of operation does not meet the
   6-18  requirements of this section, the commissioner shall deny the
   6-19  application.  The commissioner shall notify the applicant of the
   6-20  denial and shall specify the reasons for the denial.
   6-21        Sec. 5.  RENEWAL.  (a)  A certificate of authority expires
   6-22  annually on April 1.
   6-23        (b)  An applicant must submit an application for renewal on a
   6-24  form prescribed by the commissioner.  The application must:
   6-25              (1)  be accompanied by the nonrefundable renewal fee
   6-26  prescribed by Section 19 of this article; and
   6-27              (2)  include any modifications or amendments of
    7-1  information required under Section 4(a) of this article as
    7-2  necessary to reflect any changes since the issuance of the
    7-3  preceding certificate.
    7-4        (c)  The commissioner is considered to have approved a
    7-5  modification or amendment unless the commissioner specifically
    7-6  disapproves of the change not later than the 30th day after the
    7-7  date the commissioner receives the information.  However, the
    7-8  commissioner may postpone action on the amendment or modification
    7-9  for an additional 30 days if necessary.
   7-10        (d)  A dental provider organization that files an application
   7-11  for renewal under this section before the date the certificate
   7-12  expires may continue to operate while the application is pending.
   7-13        (e)  Sections 4(c)-(f) of this article apply to an
   7-14  application for renewal.
   7-15        Sec. 6.  ANNUAL REPORT.  (a)  A dental provider organization
   7-16  shall file with an application for certificate of authority renewal
   7-17  a report covering the preceding calendar year.
   7-18        (b)  The annual report shall include an audited financial
   7-19  statement of the dental provider organization for the preceding
   7-20  year that is attested to by an independent certified public
   7-21  accountant.  The financial statement must include a balance sheet,
   7-22  statement of income and retained earnings, and statement of cash
   7-23  flow.
   7-24        Sec. 7.  NOTIFICATION OF CHANGE.  Any change in the ownership
   7-25  or control of a dental provider organization is subject to the
   7-26  prior approval of the commissioner under rules adopted by the
   7-27  commissioner.
    8-1        Sec. 8.  POWERS OF DENTAL PROVIDER ORGANIZATION.  (a)  A
    8-2  dental provider organization may arrange for the availability of
    8-3  dental care services on a fee-for-service basis according to
    8-4  predetermined or discounted fees or both predetermined and
    8-5  discounted fees with dentists or groups of dentists who have
    8-6  independent contracts with the organization.  A dental provider
    8-7  organization may not:
    8-8              (1)  pay consideration to a dentist in a manner that
    8-9  would constitute payment or prepayment for dental care services
   8-10  rendered to a member; or
   8-11              (2)  employ or contract with a dentist in a manner that
   8-12  is prohibited by a licensing law of this state under which the
   8-13  dentist is licensed.
   8-14        (b)  A dental provider organization may contract with a
   8-15  person for the performance on its behalf of functions such as
   8-16  marketing, enrollment, and administration.  A person who renders
   8-17  administrative services on behalf of a dental provider organization
   8-18  is not considered an "administrator" for purposes of Article
   8-19  21.07-6 of this code.
   8-20        (c)  In addition to the powers provided by this article, a
   8-21  dental provider organization has all powers given to a corporation,
   8-22  partnership, or association under the entity's organizational
   8-23  documents that do not conflict with this article or other
   8-24  applicable law.
   8-25        Sec. 9.  SCHEDULE OF DENTAL CARE SERVICE FEES AND LIST OF
   8-26  PARTICIPATING DENTISTS.  (a)  A dental provider organization shall
   8-27  provide each member of a dental provider plan who resides in this
    9-1  state:
    9-2              (1)  a schedule of dental care service fees that lists
    9-3  the predetermined or discounted fees or both, as applicable, for
    9-4  the dental care services available from the participating dentists;
    9-5  and
    9-6              (2)  a list of the participating dentists in the
    9-7  member's geographic or metropolitan area.
    9-8        (b)  A schedule of dental care service fees may not contain a
    9-9  provision or statement that is unjust, unfair, inequitable,
   9-10  misleading, or deceptive or that encourages misrepresentation.
   9-11        (c)  At a minimum, a schedule of dental care service fees
   9-12  must contain:
   9-13              (1)  a clear and complete statement of the dental care
   9-14  services that are available from participating dentists and any
   9-15  limitation or exclusion on the services available, including any
   9-16  payment features; and
   9-17              (2)  a clear and complete statement that:
   9-18                    (A)  the dental provider plan does not constitute
   9-19  dental insurance and is not a health maintenance organization
   9-20  contract; and
   9-21                    (B)  the dental provider organization does not
   9-22  reimburse the dentists or indemnify its members for the cost of
   9-23  dental care services received by the members.
   9-24        (d)  A dental provider organization shall file with the
   9-25  commissioner a schedule of dental care service fees to be used in
   9-26  this state before issuance, delivery, or use of the schedule.
   9-27  After filing the schedule with the commissioner, the dental
   10-1  provider organization may immediately issue, deliver, and use the
   10-2  schedule if the filing is accompanied by a certification on behalf
   10-3  of the filing dental provider organization that is signed by an
   10-4  attorney licensed in this state to practice law, an actuary
   10-5  familiar with the requirements of this article and the applicable
   10-6  rules and regulations adopted under this article, or the chief
   10-7  executive officer of the dental provider organization.  The
   10-8  certification must affirm that the certification is on behalf of
   10-9  the dental provider organization, that the dental provider
  10-10  organization is bound by the certification, that the person
  10-11  certifying has reviewed the filing, and that, based on the person's
  10-12  best knowledge, information, and belief, the filed schedule of
  10-13  dental care service fees complies with this article and the rules
  10-14  that are applicable to the schedule of dental care service fees
  10-15  being filed.  The schedule of dental care service fees filed with
  10-16  the required certification may be used by the dental provider
  10-17  organization until it has been affirmatively disapproved by the
  10-18  written order of the commissioner.  If the schedule of dental care
  10-19  service fees is affirmatively disapproved by the commissioner, the
  10-20  dental provider organization, on receiving written notice of the
  10-21  disapproval, shall immediately cease issuing, delivering, and using
  10-22  the schedule.
  10-23        (e)  The commissioner may disapprove any schedule that the
  10-24  commissioner determines violates or does not comply with this
  10-25  article or a rule adopted by the commissioner under this article.
  10-26  The commissioner shall notify the dental provider organization of
  10-27  the disapproval of a schedule and specify the reason for the
   11-1  disapproval.
   11-2        (f)  If a schedule of dental care service fees is disapproved
   11-3  under Subsection (d) or (e) of this section, the commissioner may,
   11-4  at the commissioner's discretion, order the dental provider
   11-5  organization to issue a corrected schedule of dental care service
   11-6  fees to replace the one previously issued, delivered, or used, or
   11-7  to amend and correct the schedule by endorsement or rider.  If a
   11-8  schedule of dental care service fees is filed under this section
   11-9  and is subsequently disapproved by the commissioner, the use of the
  11-10  schedule before the time it is disapproved is not a basis for
  11-11  disciplinary action against the dental provider organization by the
  11-12  commissioner, unless the disapproval is based on the failure of the
  11-13  schedule of dental care service fees to comply with the
  11-14  requirements of Subsection (c) of this section.
  11-15        (g)  The commissioner may require the dental provider
  11-16  organization to submit any relevant information the commissioner
  11-17  considers necessary in considering a filing made under this
  11-18  section.
  11-19        Sec. 10.  COMPLAINT RESOLUTION PROCEDURE.  (a)  A dental
  11-20  provider organization shall establish and maintain a complaint
  11-21  resolution system to provide reasonable procedures for the
  11-22  resolution of written complaints initiated by members that relate
  11-23  to the dental provider organization or the dental provider plan.
  11-24        (b)  The commissioner may examine the complaint resolution
  11-25  system and recommend improvements.
  11-26        Sec. 11.  PROTECTION AGAINST INSOLVENCY.  (a)  A dental
  11-27  provider organization to which a certificate of authority is issued
   12-1  shall maintain a minimum surplus of not less than $100,000, valued
   12-2  following generally accepted accounting principles.
   12-3        (b)  If a dental provider organization fails to comply with
   12-4  the surplus requirement of this section, the commissioner shall
   12-5  take appropriate action to assure that the continued operation of
   12-6  the dental provider organization is not hazardous to its members.
   12-7        (c)  A dental provider organization shall post with the state
   12-8  treasury a surety bond in the amount of $100,000 to secure the
   12-9  debts and obligations of the organization to its members.
  12-10        (d)  The commissioner may suspend, revoke, or refuse to renew
  12-11  a certificate of authority for failure to comply with this section.
  12-12        Sec. 12.  PROHIBITED PRACTICES; MARKETING AND ADVERTISING.
  12-13  (a)  A dental provider organization or a representative of an
  12-14  organization may not cause or knowingly permit the use of:
  12-15              (1)  advertising that is untrue or misleading;
  12-16              (2)  a solicitation that is untrue or misleading; or
  12-17              (3)  a schedule issued to members that is deceptive.
  12-18        (b)  Article 21.21 of this code and the Deceptive Trade
  12-19  Practices-Consumer Protection Act (Subchapter E, Chapter 17,
  12-20  Business & Commerce Code) apply to:
  12-21              (1)  a dental provider organization;
  12-22              (2)  the schedule of dental care service fees issued by
  12-23  a dental provider organization; and
  12-24              (3)  the sale of a dental provider plan by a
  12-25  representative of a dental provider organization.
  12-26        (c)  A marketing representative of a dental provider
  12-27  organization may not use marketing or advertising materials
   13-1  regarding the dental provider organization or dental provider plan
   13-2  unless the marketing or advertising materials have been approved by
   13-3  the dental provider organization.  A marketing representative is
   13-4  subject to this article.  Marketing or advertising materials
   13-5  regarding the dental provider organization must include a statement
   13-6  that:
   13-7              (1)  the dental provider plan does not constitute
   13-8  dental insurance and is not a health maintenance organization
   13-9  contract; and
  13-10              (2)  the dental provider organization does not
  13-11  reimburse the dentists or indemnify its members for the cost of
  13-12  dental care services received by the members.
  13-13        Sec. 13.  SUSPENSION, REVOCATION, OR NONRENEWAL OF
  13-14  CERTIFICATE OF AUTHORITY.  (a)  The commissioner may suspend,
  13-15  revoke, or refuse to renew a certificate of authority issued to a
  13-16  dental provider organization under this article if the commissioner
  13-17  finds that:
  13-18              (1)  the dental provider organization is operating
  13-19  significantly in contravention of its basic organizational
  13-20  documents or its dental provider plan or in a manner contrary to
  13-21  that described in and reasonably inferred from any other
  13-22  information submitted under Section 4 of this article;
  13-23              (2)  the dental provider organization has issued or
  13-24  used a schedule of dental care service fees that does not comply
  13-25  with Section 9 of this article;
  13-26              (3)  the dental provider organization cannot meet its
  13-27  obligations to its members or prospective members;
   14-1              (4)  the dental provider organization has failed to
   14-2  implement or maintain the complaint resolution system required by
   14-3  Section 10 of this article in a manner that allows for the
   14-4  reasonable resolution of valid complaints;
   14-5              (5)  the dental provider organization has advertised or
   14-6  marketed its dental provider plan in an untrue, misrepresentative,
   14-7  misleading, deceptive, or unfair manner, in a manner that fails to
   14-8  disclose that the dental provider plan does not constitute dental
   14-9  insurance and is not a health maintenance organization contract, or
  14-10  in a manner that otherwise does not comply with Section 12 of this
  14-11  article;
  14-12              (6)  the continued operation of the dental provider
  14-13  organization would be hazardous to its members; or
  14-14              (7)  the dental provider organization has otherwise
  14-15  failed to comply substantially with this article or with a rule
  14-16  adopted under this article.
  14-17        (b)  A dental provider organization may not, during the time
  14-18  a certificate of authority is suspended, enroll additional members
  14-19  or engage in advertising or solicitation.
  14-20        (c)  A dental provider organization whose certificate of
  14-21  authority is revoked or not renewed shall proceed to wind up its
  14-22  affairs immediately after the effective date of the order of
  14-23  revocation or the expiration date of its previous certificate of
  14-24  authority.  The organization may not:
  14-25              (1)  conduct further business except as essential to
  14-26  the orderly conclusion of the organization's affairs; or
  14-27              (2)  engage in further advertising or solicitation.
   15-1        (d)  The commissioner may, by written order, permit further
   15-2  operation of the organization as the commissioner may find is in
   15-3  the best interest of the members of the organization.
   15-4        Sec. 14.  RULES.  The commissioner may adopt reasonable rules
   15-5  as necessary and proper to implement this article.
   15-6        Sec. 15.  APPEALS.  A person who is affected by a rule,
   15-7  ruling, or decision of the commissioner, including disapproval of a
   15-8  schedule of dental care service fees, under this article may appeal
   15-9  the rule, ruling, or decision in accordance with Article 1.04 of
  15-10  this code.  The hearings requirements for a contested case
  15-11  prescribed by Chapter 2001, Government Code, apply to an appeal of
  15-12  a rule, ruling, or decision under this article.
  15-13        Sec. 16.  STATUTORY CONSTRUCTION IN RELATION TO OTHER LAWS.
  15-14  (a)  A solicitation of a member by a representative of a dental
  15-15  provider organization that has a certificate of authority does not
  15-16  violate a provision of law relating to solicitation or advertising
  15-17  by a dentist.
  15-18        (b)  This article does not permit a dental provider
  15-19  organization to practice dentistry as defined by the laws of this
  15-20  state.  A dental provider organization is not exempt from those
  15-21  laws.
  15-22        (c)  The provision of factually accurate information
  15-23  regarding dental care services, charges, and names and locations of
  15-24  participating dentists by a dental provider organization or its
  15-25  representatives to a potential member is not a violation of a law
  15-26  relating to solicitation or advertising by a dentist.  The
  15-27  information with respect to a participating dentist is not
   16-1  considered contrary to or in conflict with a law or regulation in
   16-2  the practice of dentistry.
   16-3        (d)  Unless an insurance law specifically applies to a dental
   16-4  provider organization or a dental provider plan, and except as
   16-5  provided by this article, dental provider organizations and dental
   16-6  provider plans are governed by this article and are exempt from all
   16-7  other provisions of the insurance laws of this state.
   16-8        (e)  A dental provider organization holding a valid
   16-9  certificate of authority is a "qualified carrier" as that term is
  16-10  defined in the Texas Employees Uniform Group Insurance Benefits Act
  16-11  (Article 3.50-2, Vernon's Texas Insurance Code).
  16-12        (f)  A dental provider plan is not a "health insurance
  16-13  policy" or an "employee benefit plan" as those terms are defined in
  16-14  this code.
  16-15        (g)  A dental provider organization is subject to Section 7,
  16-16  Article 1.10, and Article 1.10A of this code.
  16-17        Sec. 17.  PUBLIC RECORD.  An application, filing, or report
  16-18  required under this article is a public document, except that a
  16-19  report of an examination conducted by the department of a dental
  16-20  provider organization is considered a confidential document.  That
  16-21  document may be released if, in the opinion of the commissioner,
  16-22  release is in the public interest.
  16-23        Sec. 18.  INJUNCTIONS.  The commissioner may bring suit in a
  16-24  district court of Travis County against a dental provider
  16-25  organization or other person that appears to be violating or has
  16-26  violated this article or a rule issued under this article.  The
  16-27  commissioner may obtain injunctive and other relief as the court
   17-1  may consider appropriate.
   17-2        Sec. 19.  FEES.  (a)  A dental provider organization subject
   17-3  to this article shall pay to the commissioner the following fees:
   17-4              (1)  for filing the initial application for certificate
   17-5  of authority, a fee in an amount not to exceed $4,000;
   17-6              (2)  for annual renewal of the certificate of authority
   17-7  under this article, a fee in an amount not to exceed $3,000;
   17-8              (3)  for filing the annual report as required under
   17-9  this article, a fee in an amount not to exceed $500; and
  17-10              (4)  for filing each schedule of dental care service
  17-11  fees as required under this article, a fee in an amount not to
  17-12  exceed $100.
  17-13        (b)  The commissioner shall, within the limits prescribed by
  17-14  this section, set the fees to be charged under this section.
  17-15        (c)  The commissioner shall deposit fees collected under this
  17-16  section in the state treasury.
  17-17        SECTION 2.  (a)  This Act takes effect September 1, 1995.
  17-18        (b)  A dental provider organization existing and operating on
  17-19  the effective date of this Act must file an application for an
  17-20  initial certificate of authority not later than December 1, 1995.
  17-21        (c)  An applicant may continue to operate until the
  17-22  commissioner of insurance acts on the application.  The applicant
  17-23  is considered for the purposes of this Act to have a valid
  17-24  certificate while the application is pending.
  17-25        (d)  If the commissioner of insurance denies an application
  17-26  for a certificate of authority, the dental provider organization
  17-27  shall proceed to wind up its affairs in accordance with Section 13,
   18-1  Article 21.53C, Insurance Code, as added by this Act.
   18-2        SECTION 3.  The importance of this legislation and the
   18-3  crowded condition of the calendars in both houses create an
   18-4  emergency and an imperative public necessity that the
   18-5  constitutional rule requiring bills to be read on three several
   18-6  days in each house be suspended, and this rule is hereby suspended.