By Duncan                                             H.B. No. 1988
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to insurance rates and policy forms for certain lines of
    1-3  insurance.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 5.01, Insurance Code, is amended to read
    1-6  as follows:
    1-7        Art. 5.01.  RATES <FIXING RATE> OF PRIVATE PASSENGER MOTOR
    1-8  VEHICLE <AUTOMOBILE> INSURANCE; BENCHMARK
    1-9        Sec. 1.  PRIVATE PASSENGER MOTOR VEHICLE INSURANCE.
   1-10  (a)  Every insurance company, corporation, interinsurance exchange,
   1-11  mutual, reciprocal, association, Lloyd's, or other insurer,
   1-12  hereinafter called insurer, writing any form of private passenger
   1-13  motor vehicle insurance in this State, shall annually file with the
   1-14  department <State Board of Insurance, hereinafter called Board>, on
   1-15  forms prescribed by the commissioner <Board>, a report showing its
   1-16  premiums and losses on each classification of private passenger
   1-17  motor vehicle risks written in this State.
   1-18        (b)  <The Board shall have the sole and exclusive power and
   1-19  authority, and it shall be its duty to determine, fix, prescribe,
   1-20  and promulgate just, reasonable and adequate rates of premiums to
   1-21  be charged and collected by all insurers writing any form of
   1-22  insurance on motor vehicles in this State, including fleet or other
   1-23  rating plans designed to discourage loses from fire and theft and
    2-1  similar hazards and any rating plans designed to encourage the
    2-2  prevention of accidents.  In promulgating any such rating plans the
    2-3  Board shall give due consideration to the peculiar hazards and
    2-4  experience of individual risks, past and prospective, within and
    2-5  outside the State and to all other relevant factors, within and
    2-6  outside the State.  The Board shall have the authority also to
    2-7  alter or amend any and all of such rates of premiums so fixed and
    2-8  determined and adopted by it, and to raise or lower the same or any
    2-9  part thereof.>
   2-10        <(c)>  At least annually, the commissioner <Board> shall
   2-11  conduct a hearing to review the reports of premiums earned and
   2-12  losses incurred in the writing of motor vehicle insurance in this
   2-13  State and may fix, determine, and adopt benchmark <new> rates to be
   2-14  used in the writing of that insurance <in whole or in part or may
   2-15  alter or amend rates previously fixed, determined, and adopted by
   2-16  the Board to assure that those rates comply with the requirements
   2-17  of this subchapter>.
   2-18        (c) <(d)  Said Board shall have authority to employ clerical
   2-19  help, inspectors, experts, and other assistants, and to incur such
   2-20  other expenses as may be necessary in carrying out the provisions
   2-21  of this law, provided, however, that the number of employees and
   2-22  salary of each shall be fixed in the General Appropriation Bill
   2-23  passed by the Legislature.>  The commissioner <Board> shall
   2-24  ascertain as soon as practicable the annual insurance losses
   2-25  incurred under all policies on motor vehicles in this State, make
    3-1  and maintain a record thereof, and collect such data as will enable
    3-2  the commissioner <said Board> to classify the various motor
    3-3  vehicles of the State according to the risk and usage made thereof,
    3-4  and to classify and assign the losses according to the various
    3-5  classes of risks to which they are applicable; the commissioner
    3-6  <Board> shall also ascertain the amount of premiums on all such
    3-7  policies for each class of risks, and maintain a permanent record
    3-8  thereof in such manner as will aid in determining just, reasonable
    3-9  and adequate rates of premium.
   3-10        (d)  Private passenger motor <(e)  Motor> vehicle or
   3-11  automobile insurance as referred to in this article means
   3-12  <subchapter shall be taken and construed to mean> every form of
   3-13  insurance on any automobile or other vehicle not used for a
   3-14  business or commercial purpose <hereinafter enumerated> and <its
   3-15  operating equipment or> necessitated by reason of the liability
   3-16  imposed by law for damages arising out of the ownership, operation,
   3-17  maintenance, or use in this State of a private passenger <any>
   3-18  automobile, motorcycle, or motorbicycle, <truck, truck-tractor,
   3-19  tractor, traction engine, or any other self-propelled vehicle,> and
   3-20  including also every <vehicle,> trailer <or semi-trailer> pulled or
   3-21  towed by a private passenger motor vehicle<, but excluding every
   3-22  motor vehicle running only upon fixed rails or tracks>.  Workers'
   3-23  compensation insurance is excluded from the foregoing definition.
   3-24        Sec. 2.  ESTABLISHMENT OF BENCHMARK.  (a)  In this article:
   3-25              (1)  "Benchmark rate" means the rate for various
    4-1  coverages within a line of insurance that is set annually by the
    4-2  commissioner and relative to which the flexibility bands and
    4-3  statutory rate limitations apply.
    4-4              (2)  "Classification" means a generic application to
    4-5  similar risks within the same line.
    4-6              (3)  "Disallowed expenses" means:  (A) administrative
    4-7  expenses not including acquisition expenses, loss control, and
    4-8  safety engineering expenses, that exceed 110 percent of the
    4-9  industry median for those expenses:
   4-10                    (B)  lobbying expenses:
   4-11                    (C)  advertising expenses, other than advertising
   4-12  that is directly related to the services or products provided by
   4-13  the insurer, advertising designed and directed at loss prevention,
   4-14  or advertising the promotion of organizations exempt from federal
   4-15  taxation under Section 501(c)(3) of the Internal Revenue Code.
   4-16                    (D)  amounts paid by an insurer as damages in a
   4-17  suit against the insurer for bad faith or as fines or penalties for
   4-18  violation of law;
   4-19                    (E)  contributions to organizations engaged in
   4-20  legislative advocacy;
   4-21                    (F)  fees and penalties imposed on the insurer
   4-22  for civil or criminal violations of law;
   4-23                    (G)  contributions to social, religious,
   4-24  political, or fraternal organizations;
   4-25                    (H)  fees and assessments paid to advisory
    5-1  organizations; and
    5-2                    (I)  any unreasonably incurred expenses, as
    5-3  determined by the commissioner.
    5-4              (4)  "Flexibility band" means a range of rates relative
    5-5  to the benchmark rates set by the commissioner, within which an
    5-6  insurer, during a set period, may increase or decrease rate levels
    5-7  by classification without prior approval by the commissioner.
    5-8              (5)  "Rate" or "rating plan" means the charge for a
    5-9  particular coverage for each unit of exposure.
   5-10        (b)  The range of the flexibility band is 30 percent above
   5-11  and below the benchmark rate.
   5-12        Sec. 3.  OPERATION OF FLEXIBLE RATING PLAN.  (a)  Under the
   5-13  flexible rating plan prescribed by this article, rates used by
   5-14  insurers in writing private passenger motor vehicle insurance are
   5-15  determined through the application of the flexibility band to a
   5-16  benchmark rate and are implemented on a file and use basis.
   5-17        (b)  Each year, not later than October 15, the commissioner
   5-18  shall conduct a hearing to set a benchmark rate for each coverage
   5-19  within a line of insurance.  The hearing shall be conducted under
   5-20  Article 1.33B of this code.  The commissioner must set the
   5-21  benchmark rate based on the average of the prospective loss and
   5-22  expense experience of all insurers writing private passenger motor
   5-23  vehicle insurance in this state.  In promulgating the benchmark
   5-24  rate, the commissioner shall consider:
   5-25              (1)  past and prospective loss experience:
    6-1                    (A)  within the state; and
    6-2                    (B)  outside the state if the state data are not
    6-3  credible;
    6-4              (2)  the peculiar hazards and experience of individual
    6-5  risks, past and prospective, within and outside the state
    6-6              (3)  a fair and reasonable rate of return for all
    6-7  insurers writing this insurance;
    6-8              (4)  average expenses of operation of all insurers
    6-9  writing this line of business, less disallowed expenses;
   6-10              (5)  the extent and nature of competition in the
   6-11  market;
   6-12              (6)  investment income; and
   6-13              (7)  any other relevant factors.
   6-14        (c)  An insurer, the public insurance counsel, an insurance
   6-15  industry trade association, and any other interested person shall
   6-16  be admitted as a party and may present testimony at the hearing and
   6-17  may file information for consideration by the commissioner.
   6-18        (d)  An insurer shall use the benchmark rate set by the
   6-19  commissioner to develop rates the insurer uses for the year
   6-20  following the setting of the benchmark rate.
   6-21        (e)  An insurer may use any rate by classification within the
   6-22  flexibility band without prior approval by the commissioner. Not
   6-23  later than the 30th day after the effective date of the benchmark
   6-24  rate, each insurer which proposes to write private passenger motor
   6-25  vehicle insurance in this state during the effective period of the
    7-1  benchmark rate shall file with the department its proposed rate by
    7-2  classification and territory under the rating manual it uses to
    7-3  write that insurance.  The insurer shall include in the filing any
    7-4  statistics to support the rates to be used by the insurer as
    7-5  required by rule of the commissioner and this code.  Rates proposed
    7-6  in filings made under this subsection must be just, reasonable,
    7-7  adequate, nondiscriminatory, and not excessive for the risks to
    7-8  which they apply.  The filing must specify the date on which the
    7-9  rate takes effect.  After the effective date of the benchmark rate
   7-10  and before the date specified in the insurer's filing of a new
   7-11  rate, the insurer's previously filed rate remains in effect.
   7-12        (f)  An insurer may not use a rate outside the upper and
   7-13  lower limits of the flexibility band without the prior approval of
   7-14  the commissioner.  Except in cases in which the commissioner
   7-15  requests additional information under this subsection or in which a
   7-16  hearing is held under subsection (g) of this section, a filing made
   7-17  by an insurer to use a rate outside the flexibility band is
   7-18  considered approved by the commissioner unless the commissioner
   7-19  disapproves the filing not later than the 60th day after the date
   7-20  of the filing.  A filing to propose a rate outside the flexibility
   7-21  band must produce rates that are just, reasonable, adequate,
   7-22  nondiscriminatory, and not excessive for the risks to which they
   7-23  apply, or the commissioner shall disapprove the filing.  If the
   7-24  commissioner requests additional information regarding the filing,
   7-25  the commissioner shall act on the filing not later than the 60th
    8-1  day after the date the response to that request is received by the
    8-2  department.  The rate takes effect on the expiration of that 60-day
    8-3  period if the Commissioner fails to act within that period or on
    8-4  the date the commissioner affirmatively approves the rate, which
    8-5  ever date first occurs.
    8-6        (g)  An insurer, the public insurance counsel, and any other
    8-7  interested person may request, in writing, not later than the 30th
    8-8  day after the date of the filing under Subsection (f) of this
    8-9  section, that the commissioner hold a hearing on an insurer's
   8-10  filing to use a rate outside the flexibility band.  On receipt of
   8-11  such a request, the commissioner shall conduct a hearing under
   8-12  Article 1.33B of this code.  After the hearing, the commissioner
   8-13  has 60 days to disapprove the filing, or it is considered approved.
   8-14        (h)  To obtain approval for a rate outside the flexibility
   8-15  band, the insurer must show that the insurer serves or intends to
   8-16  serve a segment of the market that requires the rate proposed in
   8-17  the filing.
   8-18        (i)  The commissioner, by rule, shall adopt a rating manual
   8-19  of rating rules, classifications, and territories for private
   8-20  passenger motor vehicle insurance subject to this article and shall
   8-21  determine the benchmark rate for those classifications and
   8-22  territories.  The rating manual promulgated by the commissioner
   8-23  shall be used by an insurer unless the insurer receives approval to
   8-24  use its own manual under Subsection (j) of this section.
   8-25        (j)  Following written application and approval, an insurer
    9-1  may use its own rating manual relative to classifications of risks
    9-2  and territories that is different from that promulgated by the
    9-3  commissioner to calculate the rate used by that insurer for an
    9-4  individual risk.  The commissioner may approve the use of only such
    9-5  additions or refinements in the classifications plan and
    9-6  territorial definitions adopted by the commissioner as will produce
    9-7  subclassifications, which, when combined will enable consideration
    9-8  of the insurer's experience under both the commissioner's rating
    9-9  manual and the insurer's rating manual.  To obtain approval to use
   9-10  its own rating manual, the insurer shall follow the same procedures
   9-11  used for approval of a filing under Subsection (f) of this section.
   9-12        (k)  During a 12-month period, an insurer may not change a
   9-13  rate adopted under this section more than twice on a file and use
   9-14  basis.  Additional changes require the prior approval of the
   9-15  commissioner.
   9-16        (l)  An insurer which writes private passenger motor vehicle
   9-17  insurance subject to this subchapter is required to make rate
   9-18  filings under this section, using its own past and prospective
   9-19  premium and loss data, as well as its own data for expenses and for
   9-20  profit and contingency factors.  The insurer may supplement its own
   9-21  past and prospective premium and loss data with industry-wide data,
   9-22  as necessary.
   9-23        <(f)  Notwithstanding Subsections (a) through (d) of this
   9-24  article, on and after March 1, 1992, rates for motor vehicle
   9-25  insurance in this state are determined as provided by the flexible
   10-1  rating program adopted under Subchapter M of this chapter.  This
   10-2  subsection expires December 31, 1995.>
   10-3        SECTION 2.  Article 5.01B, Insurance Code, is amended to read
   10-4  as follows:
   10-5        Art. 5.01B.  Public Information.  <(a)>  Information filed or
   10-6  otherwise provided by an insurer to the commissioner <State Board
   10-7  of Insurance> for the purpose of determining, fixing, prescribing,
   10-8  promulgating, altering, or amending commercial automobile liability
   10-9  insurance rates under Article 5.13-2 <5.01> of this code <,
  10-10  obtaining a rate deviation under Article 5.03 of this code,> or
  10-11  reporting losses under Article 5.04-1 of this code is public
  10-12  information unless it is exempt under Subchapter C, Chapter 522,
  10-13  Government Code <Section 3(a), Chapter 424, Acts of the 63rd
  10-14  Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
  10-15  Texas Civil statutes), or Section (b) of this article>.
  10-16        <(b)  Information provided with an application under Section
  10-17  (d), Article 5.03, of this code is exempt from the disclosure
  10-18  requirements of this article.>
  10-19        SECTION 3.  Article 5.04, Insurance Code, is amended to read
  10-20  as follows:
  10-21        Art. 5.04.  Experience as Factor.  (a)  To insure the
  10-22  adequacy and reasonableness of rates the commissioner <Board> may
  10-23  take into consideration past and prospective experience, within and
  10-24  outside the State, and all other relevant factors, within and
  10-25  outside the State, gathered from a territory sufficiently broad to
   11-1  include the varying conditions of the risks involved and the
   11-2  hazards and liabilities assumed, and over a period sufficiently
   11-3  long to insure that the rates determined therefrom shall be just,
   11-4  reasonable and adequate, and to that end the commissioner <Board>
   11-5  may consult any advisory <rate making> organization or association
   11-6  that may now or hereafter exist.
   11-7        (b)  As a basis for motor vehicle rates under this
   11-8  subchapter, the commissioner <State Board of Insurance> shall use
   11-9  data from within this State to the extent that the data is credible
  11-10  and available.
  11-11        <(c)  Notwithstanding Subsections (a) and (b) of this
  11-12  article, on and after March 1, 1992, rates for motor vehicles are
  11-13  determined as provided by Subchapter M of this chapter.  This
  11-14  subsection expires December 31, 1995.>
  11-15        SECTION 4.  Article 5.05, Insurance Code, is amended to read
  11-16  as follows:
  11-17        Art. 5.05.  Reports on Experience.  (a)  Recording and
  11-18  Reporting of Loss Experience and Other Data.  The commissioner
  11-19  <Board> shall, after due consideration, promulgate reasonable rules
  11-20  and statistical plans, which may be modified from time to time and
  11-21  which shall be used thereafter by each insurer in the recording and
  11-22  reporting of its loss experience and such other data as may be
  11-23  required, in order that the total loss and expense experience of
  11-24  all insurers may be made available at least annually in such form
  11-25  and detail as may be necessary to aid in determining whether rates
   12-1  and rating systems in use under this subchapter comply with the
   12-2  standards adopted under this subchapter.  In promulgating such
   12-3  rules, the commissioner <Board> shall provide that rules be as
   12-4  uniform as is practicable to the rules and to the form of the
   12-5  statistical plans used in other states.
   12-6        (b)  Interchange of Rating Plan Data.  Reasonable rules may
   12-7  be promulgated by the commissioner <Board> after due consideration
   12-8  to allow the interchange of loss experience information as
   12-9  necessary for the application of rating plans.
  12-10        (c)  Consultation with other States.  In order to further
  12-11  uniform administration of rating laws, the commissioner <Board> and
  12-12  every insurer and advisory <rating> organization may exchange
  12-13  information and experience data with insurance supervisory
  12-14  officials, insurers and advisory <rating> organizations in other
  12-15  states and may consult and cooperate with them with respect to
  12-16  rate-making and the application of rating systems.
  12-17        (d)  The commissioner <Board> is hereby authorized and
  12-18  empowered to require sworn statements from any insurer affected by
  12-19  this article, showing its experience on any classification or
  12-20  classifications of risks and such other information which may be
  12-21  necessary or helpful in performing duties or authority imposed by
  12-22  law.  The commissioner <Board> shall prescribe the necessary forms
  12-23  for such statements and reports, having due regard to the rules,
  12-24  methods and forms in use in other states for similar purposes in
  12-25  order that uniformity of statistics may not be disturbed.
   13-1        (e)  The commissioner may designate one or more qualified
   13-2  organizations as statistical agents to assist in the gathering and
   13-3  compilation of loss and expense experience.  The commissioner may
   13-4  appoint as a statistical agent any organization that applies for
   13-5  such an appointment and is technically qualified to perform the
   13-6  duties assigned to it by the commissioner.  An insurer may fulfill
   13-7  its obligations under this article by reporting data to any
   13-8  organization that has been appointed as a statistical agent.  The
   13-9  commissioner may require that a statistical agent report data in a
  13-10  form that is easy to combine with the data of other agents and may
  13-11  designate a single agent for the purpose of combining the data.
  13-12        SECTION 5.  Article 5.06, Insurance Code, is amended to read
  13-13  as follows:
  13-14        Art. 5.06.  Policy Forms and Endorsements.  (a) <(1)>  The
  13-15  commissioner <Board> shall adopt a policy form and endorsements for
  13-16  private passenger <each type of> motor vehicle insurance <subject
  13-17  to this subchapter>.  The coverage provided by a policy form
  13-18  adopted under this subsection is the minimum coverage that may be
  13-19  provided under an insurance policy for that type of insurance in
  13-20  this State.  Each policy form must provide the coverages mandated
  13-21  under Articles 5.06-1 and 5.06-3 of this code, except that the
  13-22  coverages may be rejected by the named insured as provided by those
  13-23  articles.
  13-24        (b) <(2)>  Except as provided by Subsections (c) <(3)> and
  13-25  (d) <(4)> of this article, an insurer may only use a form adopted
   14-1  by the commissioner <Board> under this section in writing private
   14-2  passenger motor vehicle insurance that is delivered, issued for
   14-3  delivery, or renewed in this State.  A contract or agreement not
   14-4  written into the application and policy is <void and of no effect
   14-5  and> in violation of the provisions of this subchapter<,> and is
   14-6  sufficient cause for revocation of license of such insurer to write
   14-7  private passenger motor vehicle <automobile> insurance within this
   14-8  State.
   14-9        (c) <(3)>  The commissioner <Board> may approve the use of a
  14-10  policy form adopted by a national organization of insurance
  14-11  companies, or similar organization, if the form, with any
  14-12  endorsement to the form required and approved by the commissioner
  14-13  <Board>, provides coverage equivalent to the coverage provided by
  14-14  the form adopted by the commissioner <Board> under Subsection (a)
  14-15  <(1)> of this article <section>.
  14-16        (d) <(4)>  An insurer may use an endorsement to the policy
  14-17  form adopted or approved by the commissioner <Board> under this
  14-18  article if the endorsement is approved by the commissioner <Board>.
  14-19        (e) <(5)>  An insurer, if in compliance with applicable
  14-20  requirements and conditions, may issue and deliver a certificate of
  14-21  insurance as a substitute for the entire policy of insurance.  The
  14-22  certificate of insurance shall make reference to and identify the
  14-23  policy form adopted or approved by the commissioner <Board> for
  14-24  which the substitution of certificate is made.  The certificate
  14-25  shall be in such form as is prescribed by the commissioner <Board>.
   15-1  The certificate will represent the policy of insurance, and when
   15-2  issued, shall be evidence that the certificate holder is insured
   15-3  under the identified policy form.  The certificate is subject to
   15-4  the same limitations, conditions, coverages, selection of options,
   15-5  and other provisions of the policy as are provided in the policy
   15-6  and that insurance policy information is to be shown on and
   15-7  adequately referenced by the certificate of insurance issued by the
   15-8  insurer to the insured.  Reference shall be made in the
   15-9  certificate, or in subsequent attachments, to all endorsements to
  15-10  the policy of insurance.  The certificate shall be executed in the
  15-11  same manner as though a policy were issued.  When the certificate
  15-12  is substituted for the policy of insurance by an insurer, the
  15-13  insurer shall simultaneously furnish to the insured receiving the
  15-14  certificate an "outline of coverages", the form and content of
  15-15  which has been approved by the commissioner <Board>.  At the
  15-16  request of an insured at any time, an insurer which has substituted
  15-17  a certificate for a policy of insurance shall provide a copy of the
  15-18  policy.
  15-19        (f) <(6)  The Board may promulgate such rules as are
  15-20  necessary to implement the certificate in lieu of policy provision
  15-21  herein, including a rule limiting the application thereof to
  15-22  private passenger automobile policies.>
  15-23        <(7)>  The commissioner <Board> may not adopt or approve a
  15-24  policy form for private passenger automobile insurance or any
  15-25  endorsement to the policy if the policy or endorsement is not in
   16-1  plain language.  For the purposes of this subsection, a policy or
   16-2  endorsement is written in plain language if it achieves the minimum
   16-3  score established by the commissioner on the Flesch reading ease
   16-4  test or an equivalent test selected by the commissioner, or, at the
   16-5  option of the commissioner, if it conforms to the language
   16-6  requirements in a National Association of Insurance Commissioners
   16-7  model act relating to plain language.  This subsection does not
   16-8  apply to policy language that is mandated by state or federal law.
   16-9        (g) <(8)  The Board may withdraw its approval of a policy or
  16-10  endorsement form at any time, after notice and hearing.>
  16-11        <(9)>  An insurance policy or other document evidencing proof
  16-12  of purchase of a private passenger motor vehicle <personal
  16-13  automobile> insurance policy written for a term of less than 30
  16-14  days may not be used to obtain an original or renewal driver's
  16-15  license, an automobile registration or license plates, or a motor
  16-16  vehicle inspection certificate and must contain a statement as
  16-17  follows:
  16-18        "TEXAS LAW PROHIBITS USE OF THIS DOCUMENT TO OBTAIN A MOTOR
  16-19  VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL DRIVER'S
  16-20  LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES."
  16-21        (h) <(10)>  Before accepting any premium or fee for a private
  16-22  passenger motor vehicle <personal automobile> insurance policy or
  16-23  binder for a term of less than 30 days, an agent or insurer must
  16-24  make the following written disclosure to the applicant or insured:
  16-25        "TEXAS LAW PROHIBITS USE OF THIS POLICY OR BINDER TO OBTAIN A
   17-1  MOTOR VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL
   17-2  DRIVER'S LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES."
   17-3        SECTION 6.  Article 5.13, Insurance Code, is amended to read
   17-4  as follows:
   17-5        Art. 5.13.  Scope of Sub-chapter.  (a)  This Sub-chapter
   17-6  applies to every insurance company, corporation, interinsurance
   17-7  exchange, mutual, reciprocal, association, Lloyds, or other
   17-8  organization or insurer writing any of the characters of insurance
   17-9  business herein set forth, hereinafter called "Insurer"; provided
  17-10  that nothing in this entire Sub-chapter shall ever be construed to
  17-11  apply to any county or farm mutual insurance company or
  17-12  association, as regulated under Chapters 16 and 17 of this Code.
  17-13        (b)  This Sub-chapter applies to the writing of commercial
  17-14  motor vehicle insurance, casualty insurance and the writing of
  17-15  fidelity, surety, and guaranty bonds, on risks or operations in
  17-16  this State except as herein stated.
  17-17        (c)  This Sub-chapter does not apply to the writing of
  17-18  private passenger motor vehicle, life, health, accident,
  17-19  professional liability, reinsurance, aircraft, fraternal benefit,
  17-20  fire, lightning, tornado, windstorm, hail, smoke or smudge,
  17-21  cyclone, earthquake, volcanic eruption, rain, frost and freeze,
  17-22  weather or climatic conditions, excess or deficiency of moisture,
  17-23  flood, the rising of the waters of the ocean or its tributaries,
  17-24  bombardment, invasion, insurrection, riot, civil war or commotion,
  17-25  military or usurped power, any order of a civil authority made to
   18-1  prevent the spread of a conflagration, epidemic or catastrophe,
   18-2  vandalism or malicious mischief, strike or lockout, water or other
   18-3  fluid or substance, resulting from the breakage or leakage of
   18-4  sprinklers, pumps, or other apparatus erected for extinguishing
   18-5  fires, water pipes or other conduits or containers, or resulting
   18-6  from casual water entering through leaks or opening in buildings or
   18-7  by seepage through building walls, including insurance against
   18-8  accidental injury of such sprinklers, pumps, fire apparatus,
   18-9  conduits or container, workers' <workmen's> compensation, inland
  18-10  marine, ocean marine, marine, or title insurance; nor does this
  18-11  Sub-chapter apply to the writing of explosion insurance, except
  18-12  insurance against loss from injury to person or property which
  18-13  results accidentally from steam boilers, heaters or pressure
  18-14  vessels, electrical devices, engines and all machinery and
  18-15  appliances used in connection therewith or operation thereby.
  18-16        (d)  This Sub-chapter shall not be construed as limiting in
  18-17  any manner the types or classes of insurance which may be written
  18-18  by the several types of insurers under appropriate statutes or
  18-19  their charters or permits.
  18-20        (e)  The regulatory power herein conferred is vested in the
  18-21  commissioner <Board of Insurance Commissioners of the State of
  18-22  Texas>.  <Within the Board, the Casualty Insurance Commissioner
  18-23  shall have primary supervision of regulation herein provided,
  18-24  subject however to the final authority of the entire Board.>
  18-25        SECTION 7.  The heading of Article 5.13-2, Insurance Code, is
   19-1  amended to read as follows:
   19-2        Art. 5.13-2.  RATES FOR GENERAL LIABILITY, COMMERCIAL MOTOR
   19-3  VEHICLE, AND COMMERCIAL PROPERTY INSURANCE COVERAGE
   19-4        SECTION 8.  Sections 1, 2, 8, and 10, Article 5.13-2,
   19-5  Insurance Code, are amended to read as follows:
   19-6        Sec. 1.  Purpose.  <(a)>  This article governs the regulation
   19-7  of general liability, commercial motor vehicle, commercial
   19-8  property, all commercial casualty, and medical professional
   19-9  liability insurance rates and forms.  It does not govern private
  19-10  passenger motor vehicle insurance, <automobile> fidelity, surety,
  19-11  or guaranty bonds.  The purposes of this article are to:
  19-12              (1)  promote the public welfare by regulating insurance
  19-13  rates to prohibit excessive, inadequate, or unfairly discriminatory
  19-14  rates;
  19-15              (2)  promote availability of insurance;
  19-16              (3)  promote price competition among insurers to
  19-17  provide rates and premiums that are responsive to competitive
  19-18  market conditions;
  19-19              (4)  prohibit price-fixing agreements and other
  19-20  anticompetitive behavior by insurers;
  19-21              (5)  regulate the insurance forms used for lines of
  19-22  insurance subject to this article to ensure that they are not
  19-23  unjust, unfair, inequitable, misleading, or deceptive; and
  19-24              (6)  provide regulatory procedures for the maintenance
  19-25  of appropriate information reporting systems.
   20-1        <(b)  This article expires December 31, 1995.>
   20-2        Sec. 2.  Scope.  This article applies to all lines of general
   20-3  liability, commercial motor vehicle, commercial property, all
   20-4  commercial casualty, and medical professional liability insurance
   20-5  written under policies or contracts of insurance issued by a
   20-6  licensed insurer, other than a fidelity, surety, or guaranty bond
   20-7  <or an automobile policy>.  This article shall apply to a Lloyd's
   20-8  association in the writing of commercial motor vehicle insurance.
   20-9  "Commercial motor vehicle insurance" means that type of motor
  20-10  vehicle insurance that does not meet the definition of private
  20-11  passenger motor vehicle insurance contained in the rules and rating
  20-12  manual promulgated by the commissioner under the authority of
  20-13  Article 5.01 of this code.
  20-14        Sec. 8.  Forms  (a)  An insurance policy or printed
  20-15  endorsement form for use in writing the types of insurance subject
  20-16  to this article may not be delivered or issued for delivery in this
  20-17  state unless the form has been filed with and approved by the
  20-18  commissioner.
  20-19        (b)  Each filing shall be made not later than the 60th day
  20-20  before the date of any use or delivery for use.  At the expiration
  20-21  of the 60-day period a filed form is approved unless, before the
  20-22  expiration of the 60 days, the commissioner approves or disapproves
  20-23  the form by order.  Approval of a form by the commissioner
  20-24  constitutes a waiver of any unexpired portion of the 60-day period.
  20-25  The commissioner may extend by not more than an additional 10 days
   21-1  the period during which it may approve or disapprove a form by
   21-2  giving notice to the filer of the extension before the expiration
   21-3  of the initial period.  At the expiration of any extension and in
   21-4  the absence of any earlier approval or disapproval, the form shall
   21-5  be considered approved.  For good cause shown, the commissioner may
   21-6  withdraw the commissioner's approval at any time after notice and a
   21-7  hearing.
   21-8        (c)  A commissioner's order disapproving any form or any
   21-9  notice of the commissioner's intention to withdraw a previous
  21-10  approval must state the grounds for the disapproval in enough
  21-11  detail to reasonably inform the filer of the grounds.  An order of
  21-12  withdrawal of a previously approved form takes effect on the
  21-13  expiration of the prescribed period, but not sooner than the 30th
  21-14  day after the effective date of the withdrawal order, as prescribed
  21-15  by the commissioner.
  21-16        (d)  An insurer may not use in this state any form after
  21-17  disapproval of the form or withdrawal of approval by the
  21-18  commissioner.
  21-19        (e)  The commissioner may promulgate standard insurance
  21-20  policy forms, endorsements, and other related forms that may be
  21-21  used, at the discretion of the insurer, by an insurer instead of
  21-22  the insurer's own forms in writing insurance subject to this
  21-23  article.  <Forms submitted by insurers for approval under this
  21-24  section must provide coverage equivalent to that provided in the
  21-25  policy forms used for these lines of coverage on the effective date
   22-1  of this article.  An endorsement may not reduce coverage provided
   22-2  under the approved policy form.>
   22-3        (f)  Policy forms for use with large risks are exempt from
   22-4  the requirements of Subsection (a), (b), and (e) of this section.
   22-5  For purposes of this subsection "large risk" means:
   22-6              (1)  an insured that has total insured property values
   22-7  of $10 million or more;
   22-8              (2)  an insured that has total annual gross revenues of
   22-9  $20 million or more; or
  22-10              (3)  an insured that has a total premium of $50,000 or
  22-11  more for property insurance, $50,000 or more for general liability
  22-12  insurance, or $100,000 or more for multiperil insurance.
  22-13        Sec. 10.  ADMINISTRATIVE PROCEDURES <AND TEXAS REGISTER ACT
  22-14  APPLICABLE>.  Article 1.33B of this code <The provisions of the
  22-15  Administrative Procedure and Texas Register Act (Article 6252-13a,
  22-16  Vernon's Texas Civil Statutes)>, applies <apply> to all <rate>
  22-17  hearings required <conducted> under this article.
  22-18        SECTION 9.  Article 1.33B, Insurance Code is amended by
  22-19  adding section (g) to read:
  22-20        (g)  Relevant evidence in a proceeding to determine benchmark
  22-21  rates includes aggregate data related to premiums, losses and
  22-22  expenses that shall be provided by the Commissioner to all parties.
  22-23  The premium, loss, expense, profit, and rate of return experience
  22-24  of any individual insurer or other interested party is not relevant
  22-25  in a proceeding to determine a benchmark rate.
   23-1        SECTION 10.  Article 5.25, Insurance Code, is amended to read
   23-2  as follows:
   23-3        Art. 5.25.  <BOARD SHALL FIX> RATES FOR PRIVATE PROPERTY
   23-4  INSURANCE; DATA GATHERING
   23-5        Sec. 1.  ESTABLISHMENT OF BENCHMARK.  (A)  In this article:
   23-6              (1)  "Benchmark rate" means the rate for various
   23-7  coverages within a line of insurance that is set annually by the
   23-8  commissioner and relative to which the flexibility bands and
   23-9  statutory rate limitations apply.
  23-10              (2)  "Classification" means a generic application to
  23-11  similar risks within the same line.
  23-12              (3)  "Disallowed expenses" means:  (a)  administrative
  23-13  expenses not including acquisition expenses, loss control, and
  23-14  safety engineering expenses, that exceed 110 percent of the
  23-15  industry median for those expenses:
  23-16        (B)  lobbying expenses:
  23-17        (C)  advertising expenses, other than advertising that is
  23-18  directly related to the services or products provided by the
  23-19  insurer, advertising designed and directed at loss prevention, or
  23-20  advertising the promotion of organizations exempt from federal
  23-21  taxation under Section 501(c)(3) of the Internal Revenue Code.
  23-22        (D)  amounts paid by an insurer as damages in a suit against
  23-23  the insurer for bad faith or as fines or penalties for violation of
  23-24  law;
  23-25        (E)  contributions to organizations engaged in legislative
   24-1  advocacy;
   24-2        (F)  fees and penalties imposed on the insurer for civil or
   24-3  criminal violations of law;
   24-4        (G)  contributions to social, religious, political, or
   24-5  fraternal organizations;
   24-6        (H)  fees and assessments paid to advisory organizations; and
   24-7        (I)  any unreasonably incurred expenses, as determined by the
   24-8  commissioner.
   24-9              (4)  "Flexibility band" means a range of rates relative
  24-10  to the benchmark rates set by the commissioner, within which an
  24-11  insurer, during a set period, may increase or decrease rate levels
  24-12  by classification without prior approval by the commissioner.
  24-13              (5)  "Private property insurance" means homeowners
  24-14  insurance, farm and ranch owners insurance, residential fire
  24-15  insurance, and residential allied lines insurance.
  24-16              (6)  "Rate" or "rating plan" means the charge for a
  24-17  particular line for each unit of exposure.
  24-18        (b)  The range of the flexibility band is 30 percent above
  24-19  and below the benchmark rate.
  24-20        Sec. 2.  OPERATION OF FLEXIBLE RATING PLAN.  (a)  Under the
  24-21  flexible rating plan prescribed by this article, rates used by
  24-22  insurers in writing private property insurance are determined
  24-23  through the application of the flexibility band to a benchmark rate
  24-24  and are implemented on a file and use basis.
  24-25        (b)  Each year, not later than October 15, the commissioner
   25-1  shall conduct a hearing to set a benchmark rate for each coverage
   25-2  within a line of insurance.  The hearing shall be conducted under
   25-3  Article 1.33B of this code.  The commissioner must set the
   25-4  benchmark rate based on the average of the prospective loss and
   25-5  expense experience of all insurers writing private passenger motor
   25-6  vehicle insurance in this state.  In promulgating the benchmark
   25-7  rate, the commissioner shall consider:
   25-8              (1)  past and prospective loss experience:
   25-9                    (A)  within the state; and
  25-10                    (B)  outside the state if the state data are not
  25-11  credible;
  25-12              (2)  the peculiar hazards and experience of individual
  25-13  risks, past and prospective, within and outside the state;
  25-14              (3)  a fair and reasonable rate of return for all
  25-15  insurers writing this insurance;
  25-16              (4)  average expenses of operation of all insurers
  25-17  writing this line of business, less disallowed expenses;
  25-18              (5)  the extent and nature of competition in the
  25-19  market;
  25-20              (6)  investment income; and
  25-21              (7)  any other relevant factor.
  25-22        (c)  An insurer, the public insurance counsel, an insurance
  25-23  industry trade association, and any other interested person shall
  25-24  be admitted as a party and may present testimony at the hearing and
  25-25  may file information for consideration by the commissioner.
   26-1        (d)  An insurer shall use the benchmark rate set by the
   26-2  commissioner to develop rates the insurer uses for the year
   26-3  following the setting of the benchmark rate.
   26-4        (e)  An insurer may use any rate by classification within the
   26-5  flexibility band without prior approval by the commissioner.  Not
   26-6  later than the 30th day after the effective date of the benchmark
   26-7  rate, each insurer which proposes to write private property
   26-8  insurance in this state during the effective period of the
   26-9  benchmark rate shall file with the department its proposed rate by
  26-10  classification and territory under the rating manual it uses to
  26-11  write that insurance.  The insurer shall include in the filing any
  26-12  statistics to support the rates to be used by the insurer as
  26-13  required by rule of the commissioner and this code.  Rates proposed
  26-14  in filings made under this subsection must be just, reasonable,
  26-15  adequate, nondiscriminatory, and not excessive for the risks to
  26-16  which they apply.  The filing must specify the date on which the
  26-17  rate takes effect.  After the effective date of the benchmark rate
  26-18  and before the date specified in the insurer's filing of a new
  26-19  rate, the insurer's previously filed rate remains in effect.
  26-20        (f)  An insurer may not use a rate outside the upper and
  26-21  lower limits of the flexibility bands without the prior approval of
  26-22  the commissioner.  Except in cases in which the commissioner
  26-23  requests additional information under this subsection or in which a
  26-24  hearing is held under subsection (g) of this section, a filing made
  26-25  by an insurer to use a rate outside the flexibility bands is
   27-1  considered approved by the commissioner unless the commissioner
   27-2  disapproves the filing not later than the 60th day after the date
   27-3  of the filing.  A filing to propose a rate outside the flexibility
   27-4  bands must produce rates that are just, reasonable, adequate,
   27-5  nondiscriminatory, and not excessive for the risks to which they
   27-6  apply, or the commissioner shall disapprove the filing.  If the
   27-7  commissioner requests additional information regarding the filing,
   27-8  the commissioner shall act on the filing not later than the 60th
   27-9  day after the date the response to that request is received by the
  27-10  department.  The rate takes effect on the expiration of that 60-day
  27-11  period if the commissioner fails to act within that period or on
  27-12  the date the commissioner affirmatively approves the rate,
  27-13  whichever date first occurs.
  27-14        (g)  An insurer, the public insurance counsel, and any other
  27-15  interested person may request, in writing, not later than the 30th
  27-16  day after the date of the filing under Subsection (f) of this
  27-17  section, that the commissioner hold a hearing on an insurer's
  27-18  filing to use a rate outside the flexibility bands.  On receipt of
  27-19  such a request, the commissioner shall conduct a hearing under
  27-20  Article 1.33B of this code.  After the hearing, the commissioner
  27-21  has 60 days to disapprove the filing, or it is considered approved.
  27-22        (h)  To obtain approval for a rate outside the flexibility
  27-23  band, the insurer must show that the insurer serves or intends to
  27-24  serve a segment of the market that requires the rate proposed in
  27-25  the filing.
   28-1        (i)  The commissioner, by rule, shall adopt a rating manual
   28-2  of rating rules, classifications, and territories for private
   28-3  property insurance subject to this article and shall determine the
   28-4  benchmark rate for those classifications and territories.  The
   28-5  rating manual promulgated by the commissioner shall be used by an
   28-6  insurer unless the insurer receives approval to use its own manual
   28-7  under Subsection (j) of this section.
   28-8        (j)  Following written application and approval, an insurer
   28-9  may use its own rating manual relative to classifications of risks
  28-10  and territories that is different from that promulgated by the
  28-11  commissioner, to calculate the rate used by that insurer for an
  28-12  individual risk.  The commissioner may approve the use of only such
  28-13  additions or refinements in the classifications plan and
  28-14  territorial definitions adopted by the commissioner as will produce
  28-15  subclassifications, which, when combined will enable consideration
  28-16  of the insurer's experience under both the commissioner's rating
  28-17  manual and the insurer's rating manual.  To obtain approval to use
  28-18  its own rating manual, the insurer shall follow the same procedures
  28-19  used for approval of a filing under Subsection (f) of this section.
  28-20        (k)  During a 12-month period, an insurer may not change a
  28-21  rate adopted under this section on a file and use basis.
  28-22  Additional changes require the prior approval of the commissioner.
  28-23        (l)  An insurer which writes private property insurance is
  28-24  required to make rate filings under this section, using its own
  28-25  past and prospective premium and loss data, as well as its own data
   29-1  for expenses and for profit and contingency factors.  The insurer
   29-2  may supplement its own past and prospective premium and loss data
   29-3  with industry-wide data as necessary.
   29-4        Sec. 3.  DETERMINATION OF ANNUAL FIRE LOSS.  <a>  The
   29-5  department <State Board of Insurance shall have the sole and
   29-6  exclusive power and authority and it shall be its duty to
   29-7  prescribe, fix, determine and promulgate the rates of premiums to
   29-8  be charged and collected by fire insurance companies transacting
   29-9  business in this State.  Said Board shall also have authority to
  29-10  alter or amend any and all such rates of premiums so fixed and
  29-11  determined and adopted by it, and to raise or lower the same, or
  29-12  any part thereof, as herein provided.  Said Board shall have
  29-13  authority to employ clerical help, inspectors, experts and other
  29-14  assistants, and to incur such other expenses as may be necessary in
  29-15  carrying out the provisions of this law.  Said Board> shall
  29-16  ascertain as soon as practicable the annual fire loss in this
  29-17  State.  The department shall<,> obtain, make, and maintain a record
  29-18  of the fire loss <thereof> and collect such data with respect to
  29-19  the fire loss <thereto> as will enable the department <said Board>
  29-20  to classify the fire losses of this State, the causes thereof, and
  29-21  the amount of premiums collected therefor for each class of risks
  29-22  and the amount paid thereon, in such manner as will aid in
  29-23  determining equitable insurance rates, methods of reducing such
  29-24  fire losses and reducing the insurance rates of the State, or
  29-25  subdivisions of the State.  The commissioner <Board> may designate
   30-1  one or more advisory organizations or other agencies to gather,
   30-2  audit, and compile such experience of insurers, and the cost
   30-3  thereof shall be borne by such insurers.
   30-4        <(b)>  <Notwithstanding Subsection (a) of this article, on
   30-5  and after March 1, 1992, rates for homeowners and farm and ranch
   30-6  owner's residential fire and residential allied lines insurance
   30-7  coverage under this subchapter are determined as provided by
   30-8  Subchapter M of this chapter, and rates for other lines of
   30-9  insurance subject to this subchapter are determined as provided by
  30-10  Article 5.13-2 of this code.  This subsection does not affect the
  30-11  requirement for the Board to conduct inspections of commercial
  30-12  property and prescribe a manual of rules and rating schedules for
  30-13  commercial property under this subchapter.  This subsection expires
  30-14  December 31, 1995.>
  30-15        Sec. 4.  STATISTICAL AGENTS.  (a)  The commissioner may
  30-16  designate one or more qualified organizations as statistical agents
  30-17  to assist in the gathering and compilation of loss and expense
  30-18  experience.  The commissioner may appoint as a statistical agent
  30-19  any organization that applies for such an appointment and is
  30-20  technically qualified to perform the duties assigned to it by the
  30-21  commissioner.
  30-22        (b)  An insurer may fulfill its obligations under this
  30-23  article by reporting data to any organization that has been
  30-24  appointed as a statistical agent.  The commissioner may require
  30-25  that a statistical agent report data in a form that is easy to
   31-1  combine with the data of other agents and may designate a single
   31-2  agent for the purpose of combining the data.
   31-3        SECTION 11.  Article 5.28, Insurance Code, is amended to read
   31-4  as follows:
   31-5        Art. 5.28.  Statements and Books.  (a)  The commissioner may
   31-6  <Said Board is authorized and empowered to> require sworn
   31-7  statements for any period of time from any fire insurance company
   31-8  affected by this law and from any of its directors, officers,
   31-9  representatives, general agents, state agents, special agents, and
  31-10  local agents of the rates and premiums collected for fire insurance
  31-11  on each class of risks, on all property in this State and of the
  31-12  causes of fire, if such be known, if they are in possession of such
  31-13  data, and information, or can obtain it at a reasonable expense;
  31-14  and the commissioner may <said Board is empowered to> require such
  31-15  statements showing all necessary facts and information to enable
  31-16  the commissioner <said Board to make, amend and maintain the
  31-17  general basis schedules provided for in this law and the rules and
  31-18  regulations for applying same and to determine reasonable and
  31-19  proper maximum specific rates and> to determine and assist in the
  31-20  enforcement of the provisions of this law.
  31-21        (b)  The commissioner may <said Board shall> also <have the
  31-22  right, at its discretion>, either personally<,> or by someone duly
  31-23  authorized by the commissioner <it>, <to> visit the office whether
  31-24  general, local or otherwise, of any insurance company doing
  31-25  business in this State, and the home office of said company outside
   32-1  of this State, if there be such, and the office of any officers,
   32-2  directors, general agents, state agents, local agents or
   32-3  representatives of such company, and there require such company,
   32-4  its officers, agents or representatives, to produce for inspection
   32-5  by the commissioner or the commissioner's <said Board or any of its
   32-6  duly> authorized representative <representatives> all books,
   32-7  records and papers of such company or such agents and
   32-8  representatives; and the commissioner <said Board> or the
   32-9  commissioner's <its duly> authorized agent <agents> or
  32-10  representative <representatives> shall have the right to examine
  32-11  such books and papers and make or cause to be made copies thereof;
  32-12  and shall have the right to take testimony under oath with
  32-13  reference thereto, and to compel the attendance of witnesses for
  32-14  such purpose.
  32-15        (c)  The commissioner <said Board> shall be further empowered
  32-16  to require the fire insurance companies transacting business in
  32-17  this State or any of them, to furnish the commissioner <said Board>
  32-18  with any and all data which may be in their possession, either
  32-19  jointly or severally, including maps, tariffs, inspection reports
  32-20  and any and all data affecting fire insurance risks in this State,
  32-21  or in any portion thereof, and the commissioner <said Board> shall
  32-22  be empowered to require any two (2) or more of said companies, or
  32-23  any joint agent or representative of them, to turn over any and all
  32-24  such data in their possession, or any part thereof, to the
  32-25  commissioner <said Board> for the commissioner's <its> use in
   33-1  carrying out the provisions of this law.
   33-2        <(d)  Notwithstanding Subsection (a) of this article, on and
   33-3  after March 1, 1992, rates for homeowners and farm and ranch
   33-4  owner's residential fire and residential allied lines insurance
   33-5  coverage under this subchapter are determined as provided by
   33-6  Article Subchapter M of this chapter, and rates for other lines of
   33-7  insurance subject to this subchapter are determined as provided by
   33-8  5.13-2 of this code.  This subsection expires December 31, 1995.>
   33-9        SECTION 12.  Article 5.30, Insurance Code, is amended to read
  33-10  as follows:
  33-11        Art. 5.30.  Analysis of Rate.  <a>  When a policy of fire
  33-12  insurance shall be issued by any company transacting the business
  33-13  of fire insurance in this State, such company shall furnish the
  33-14  policyholder with a written or printed analysis of the rate or
  33-15  premium charged for such policy, showing the items of charge and
  33-16  credit which determine the rate, unless such policyholder has
  33-17  theretofore been furnished with such analysis of such rate.  All
  33-18  schedules of rates <promulgated by said Board> shall be open to the
  33-19  public, and every local agent of such fire insurance company shall
  33-20  have and exhibit to the public copies of such schedules covering
  33-21  all risks upon which he is authorized to write insurance.
  33-22        <(b)  Notwithstanding Subsection (a) of this article, on and
  33-23  after March 1, 1992, rates for homeowners and farm and ranch
  33-24  owner's residential fire and residential allied lines insurance
  33-25  coverage under this subchapter are determined as provided by
   34-1  Subchapter M of this chapter, and rates for other lines of
   34-2  insurance subject to this subchapter are determined as provided by
   34-3  Article 5.13-2 of this code.  This subsection expires December, 31,
   34-4  1995.>
   34-5        SECTION 13.  Article 5.35, Insurance Code, is amended to read
   34-6  as follows:
   34-7        Art. 5.35.  Policy Forms.  (a)  The commissioner <Board>
   34-8  shall adopt policy forms and endorsements for private property
   34-9  <each kind of> insurance as defined by Section 1(a), Article 5.25,
  34-10  <subject to this subchapter other than a line regulated under
  34-11  Article 5.13-2> of this code.  The coverage provided by policy
  34-12  forms and endorsements adopted under this subsection is the minimum
  34-13  coverage that may be provided under an insurance policy for that
  34-14  type of insurance in this State.
  34-15        (b)  Except as provided by Subsections (d) and (e) of this
  34-16  article, an insurer may only use forms adopted by the commissioner
  34-17  <Board> under this article in writing private property insurance
  34-18  <subject to this subchapter> in this State.
  34-19        (c)  An insurer may not enter into a contract or agreement
  34-20  concerning an individual policy that is not contained in the
  34-21  policy.  Such a contract or agreement is void.
  34-22        (d)  The commissioner <Board> may approve the use of policy
  34-23  forms adopted by a national organization of insurance companies, or
  34-24  similar organization, if the forms, with any endorsement to the
  34-25  forms required and approved by the commissioner <Board>, provides
   35-1  coverage equivalent to the coverage provided by the policy forms
   35-2  adopted by the commissioner <Board> under Subsection (a) of this
   35-3  article <section>.
   35-4        (e)  An insurer may use an endorsement to the policy forms
   35-5  adopted or approved by the commissioner <Board> under this article
   35-6  if the endorsement is approved by the commissioner <Board>.  Except
   35-7  as provided by Article 5.38 of this code, an endorsement may not
   35-8  reduce the coverage provided under the policy forms.
   35-9        (f)  The commissioner <Board> may not adopt or approve policy
  35-10  forms for personal fire or homeowner's insurance or any endorsement
  35-11  to the policy if the policy or endorsement is not in plain
  35-12  language.  For the purposes of this subsection, a policy or
  35-13  endorsement is written in plain language if it achieves the minimum
  35-14  score established by the commissioner on the Flesch reading ease
  35-15  test or an equivalent test selected by the commissioner or, at the
  35-16  option of the commissioner, if it conforms to the language
  35-17  requirements in a National Association of Insurance Commissioners
  35-18  model act relating to plain language.  This subsection does not
  35-19  apply to policy language that is mandated by state or federal law.
  35-20        (g)  The commissioner <Board> may withdraw <its> approval of
  35-21  a policy or endorsement form at any time, after notice and hearing.
  35-22        SECTION 14.  Article 5.39, Insurance Code, is amended to read
  35-23  as follows:
  35-24        Art. 5.39.  COMPLAIN OF <RATES OR> ORDER.  <(a)>  Any citizen
  35-25  or number of citizens of this State or any policyholder or
   36-1  policyholders, or any insurance company affected by this
   36-2  subchapter, or any board of trade, chamber of commerce, or other
   36-3  civic organization, or the civil authorities of any town, city, or
   36-4  village, shall have the right to file a petition with the
   36-5  commissioner <Board>, setting forth any cause of complaint that
   36-6  they may have as to any order made by the commissioner <this Board,
   36-7  or any rate fixed and determined by the Board>, and they shall have
   36-8  the right to offer evidence in support of the allegations of such
   36-9  petition by witnesses, or by depositions, or by affidavits; upon
  36-10  the filing of such petition, the party complained of, if other than
  36-11  the commissioner <Board>, shall be notified by the commissioner
  36-12  <Board> of the filing of such petition and a copy thereof furnished
  36-13  the party or parties, company or companies, of whom complaint is
  36-14  made, and the said petition shall be set down for a hearing at a
  36-15  time not exceeding thirty (30) days after the filing of such
  36-16  petition and the commissioner <Board> shall hear and determine said
  36-17  petition; but it shall not be necessary for the petitioners or any
  36-18  one of them to be present to present the cause to the commissioner
  36-19  <Board>, but the commissioner <they> shall consider the testimony
  36-20  of all witnesses, whether such witnesses testify in person or by
  36-21  depositions, or by affidavits, and if it be found that the
  36-22  complaint made in such petition is a just one, then the matter
  36-23  complained of shall be corrected or required to be corrected by the
  36-24  commissioner <said Board>.
  36-25        <(b)  Notwithstanding Subsection (a) of this article, on and
   37-1  after March 1, 1992, rates for homeowners and farm and ranch
   37-2  owner's residential fire and residential allied lines insurance
   37-3  coverage under this subchapter are determined, and hearings related
   37-4  to those rates are conducted, as provided by Subchapter M of this
   37-5  chapter, and rates for other lines of insurance subject to this
   37-6  subchapter are determined as provided by Article 5.13-2 of this
   37-7  code.  This subsection expires December 31, 1995.>
   37-8        SECTION 15.  Article 5.40, Insurance Code, is amended to read
   37-9  as follows:
  37-10        Art. 5.40.  Hearing of Protests.  (a)  The department <Board>
  37-11  shall give the public and all insurance companies to be affected by
  37-12  the commissioner's <its> orders <or decisions>, reasonable notice
  37-13  thereof, not exceeding thirty (30) days, and an opportunity to
  37-14  appear and be heard with respect to the same; which notice shall be
  37-15  published in one or more daily papers of the State, and such notice
  37-16  to any insurance company to be affected thereby shall be mailed
  37-17  addressed to the State or general agent of such company, if such
  37-18  address be known to the department <Board>, or, if not known, then
  37-19  such letter shall be addressed to some local agent of such company,
  37-20  or if the address of a local agent be unknown to the department
  37-21  <Board>, then by publication in one or more of the daily papers of
  37-22  the State, and the commissioner <Board> shall hear all protests or
  37-23  complaints from any insurance company or any citizen or any city,
  37-24  town, or village or any commercial or civic organization as to the
  37-25  <inadequacy or unreasonableness of any rates fixed by it or
   38-1  approved by it, or as to the inadequacy or unreasonableness of any
   38-2  general basis schedules promulgated by it or the> injustice of any
   38-3  order <or decision> by the commissioner <it>, and if any insurance
   38-4  company, or other person, or commercial or civic organization, or
   38-5  any city, town, or village, which shall be interested in any such
   38-6  order <or decision> shall be dissatisfied with any order
   38-7  <regulation, schedule or rate> adopted by the commissioner <such
   38-8  Board> such company or person, commercial or civic organization,
   38-9  city, town, or village shall have the right, within thirty (30)
  38-10  days after the issuance of the order <making of such regulation or
  38-11  order, or rate, or schedule> or within thirty (30) days after
  38-12  hearing above provided for, to bring an action against the
  38-13  department <said Board> in the District Court of Travis County to
  38-14  have such <regulation or> order <or schedule or rate> vacated or
  38-15  modified; and shall set forth in a petition therefor the principal
  38-16  grounds of objection to any or all of such <regulations, schedules,
  38-17  rates or> orders.  In any such suit the issue shall be formed and
  38-18  the controversy tried and determined as in other civil cases.  The
  38-19  court may set aside and vacate or annul any or all or any part of
  38-20  any <regulation, schedule> order <or rate promulgated or> adopted
  38-21  by the commissioner <said Board>, which shall be found by the court
  38-22  to be unreasonable or<,> unjust, <excessive or inadequate,> without
  38-23  disturbing others.  No injunction, interlocutory order or decree
  38-24  suspending or restraining, directly or indirectly, the enforcement
  38-25  of any <schedule, rate,> order <or regulation> of the commissioner
   39-1  <said Board> shall be granted.  <In such suit, the court, by
   39-2  interlocutory order, may authorize the writing and acceptance of
   39-3  fire insurance policies at any rate which in the judgment of court
   39-4  is fair and reasonable, during the pending of such suit, upon
   39-5  condition that the party to such suit in whose favor the said
   39-6  interlocutory order of said court may be, shall execute and file
   39-7  with the Board a good and sufficient bond to be first approved by
   39-8  said court, conditioned that the party giving said bond will abide
   39-9  the final judgment of said court and will pay to the Board whatever
  39-10  difference in the rate of insurance, it may be finally determined
  39-11  to exist between the rates as fixed by the Board complained of in
  39-12  such suit, and the rate finally determined to be fair and
  39-13  reasonable by the court in said suit, and the said Board, when it
  39-14  receives such difference in money, shall transmit the same to the
  39-15  parties entitled thereto.>
  39-16        (b)  Whenever any action shall be brought by any company
  39-17  under any provision of this article within said period of thirty
  39-18  (30) days, no penalties nor forfeitures shall attach or accrue on
  39-19  account of the failure of the plaintiff to comply with the orders<,
  39-20  schedules, rates or regulations> sought to be vacated in such
  39-21  action until the final determination of the same.
  39-22        (c)  Either party to any such action, if dissatisfied with
  39-23  the judgment or decree of said court, may appeal therefrom as in
  39-24  other civil cases.  No action shall be brought in any court of the
  39-25  United States to set aside any orders<, rates, schedules or
   40-1  regulations> made by the commissioner <said Board> under the
   40-2  provisions of this law until all of the remedies provided herein
   40-3  shall have been exhausted by the party complaining.
   40-4        <(d)  Notwithstanding Subsection (a)-(c) of this article, on
   40-5  and after March 1, 1992, rates for homeowners and farm and ranch
   40-6  owner's residential fire and residential allied lines insurance
   40-7  coverage under this subchapter are determined, and hearings related
   40-8  to those rates are conducted, as provided by Subchapter M of this
   40-9  chapter, and rates for other lines of insurance subject to this
  40-10  subchapter are determined as provided by Article 5.13-2 of this
  40-11  code.  This subsection expires December 31, 1995.>
  40-12        SECTION 16.  Article 5.41, Insurance Code, is amended to read
  40-13  as follows:
  40-14        Art. 5.41.  Rebating or Discrimination.  <(a)>  No company
  40-15  shall engage or participate in the insuring or reinsuring of any
  40-16  property in this State against loss or damage by fire except in
  40-17  compliance with the terms and provisions of this law; nor shall any
  40-18  such company knowingly write insurance at any <lesser> rate other
  40-19  than the rates <herein> provided by Articles 5.13-2 and 5.25 of
  40-20  this code <for>, and it shall be unlawful for any company so to do,
  40-21  unless it shall thereafter file an analysis of same with the
  40-22  commissioner <Board>, and it shall be unlawful for any company, or
  40-23  its officers, directors, general agents, state agents, special
  40-24  agents, local agents, or its representatives, to grant or contract
  40-25  for any special favor or advantages in the dividends or other
   41-1  profits to come thereon, or in commissions in the dividends or
   41-2  other profits to accrue thereon, or in commissions or division of
   41-3  commission, or any position or any valuable consideration or any
   41-4  inducement not specified in the policy contract of insurance; nor
   41-5  shall such company give, sell or purchase, offer to give, sell or
   41-6  purchase, directly or indirectly, as an inducement to insure or in
   41-7  connection therewith, any stocks, bonds or other securities of any
   41-8  insurance company or other corporation, partnership or individual,
   41-9  or any dividends or profits accrued or to accrue thereon, or
  41-10  anything of value whatsoever, not specified in the policy.  Nothing
  41-11  in this law shall be construed to prohibit a company from sharing
  41-12  its profits with its policyholders, if such agreement as to profit
  41-13  sharing shall be placed on or in the face of the policy, and such
  41-14  profit sharing shall be uniform and shall not discriminate between
  41-15  individuals or between classes.  No part of the profit shall be
  41-16  paid until the expiration of the policy.  Any company, or any of
  41-17  its officers, directors, general agents, state agents, special
  41-18  agents, local agents or its representatives, doing any of the acts
  41-19  in this article prohibited, shall be deemed guilty of unjust
  41-20  discrimination.  If any agent or company shall issue a policy
  41-21  without authority, and any policyholder holding such policy shall
  41-22  sustain a loss or damage thereunder, said company or companies
  41-23  shall be liable to the policyholder thereunder, in the same manner
  41-24  and to the same extent as if said company had been authorized to
  41-25  issue said policies, although the company issued said policy in
   42-1  violation of the provisions of this subchapter.  But this shall not
   42-2  be construed to give any company the right to issue any contract or
   42-3  policy of insurance other than as provided in this subchapter.
   42-4        <(b)  Notwithstanding Subsection (a) of this article, on and
   42-5  after March 1, 1992, rates for homeowners and farm and ranch
   42-6  owner's residential fire and residential allied lines insurance
   42-7  coverage under this subchapter are determined as provided by
   42-8  Subchapter M of this chapter, and rates for other lines of
   42-9  insurance subject to this subchapter are determined as provided by
  42-10  Article 5.13-2 of this code.  This subsection expires December 31,
  42-11  1995.>
  42-12        SECTION 17.  Subchapter C, Chapter 5, Insurance Code, is
  42-13  amended by adding Article 5.25-1 to read as follows:
  42-14        Art. 5.25-1.  RATES AND FORMS FOR OTHER LINES.  (a)  Rates,
  42-15  policy forms, and endorsements for lines of insurance other than
  42-16  private property insurance as defined by Section 1(a), Article
  42-17  5.25, of this code are filed, determined, and approved as provided
  42-18  by Article 5.13-2 of this code.
  42-19        (b)  This article does not affect the requirement that the
  42-20  commissioner conduct inspections of commercial property and
  42-21  prescribe a manual of rules and rating schedules for commercial
  42-22  property under this subchapter and does not affect the application
  42-23  of other provisions of this subchapter that are otherwise
  42-24  applicable to lines of insurance other than private property
  42-25  insurance as defined by Section 1(a), Article 5.25, of this code.
   43-1        SECTION 18.  The following laws are repealed:
   43-2              (1)  Articles 5.01-2, 5.03, 5.06-2, 5.11, 5.14, 5.15,
   43-3  5.19, 5.25A, 5.26, 5.29, 5.31, 5.32, 5.34, 5.41(b), 5.96(a-1),
   43-4  5.96A, 5.97, 5.97A, 5.98, 5.101, 17.22(b), and 21.69, Insurance
   43-5  Code; and
   43-6              (2)  Article 5.09(b), Insurance Code, as added by
   43-7  Chapter 242, Acts of the 72nd Legislature, 2nd Called Session,
   43-8  1991.
   43-9        SECTION 19.  This Act takes effect September 1, 1995, and
  43-10  applies only to an insurance policy that is delivered, issued for
  43-11  delivery, or renewed on or after January 1, 1996.  A policy that is
  43-12  delivered, issued for delivery, or renewed before January 1, 1996,
  43-13  is governed by the law as it existed immediately before the
  43-14  effective date of this Act, and that law is continued in effect for
  43-15  that purpose.
  43-16        SECTION 20.  The importance of this legislation and the
  43-17  crowded condition of the calendars in both houses create an
  43-18  emergency and an imperative public necessity that the
  43-19  constitutional rule requiring bills to be read on three several
  43-20  days in each house be suspended, and this rule is hereby suspended.