H.B. No. 2593
    1-1                                AN ACT
    1-2  relating to rates for commercial windstorm and hail insurance
    1-3  coverage through the Texas Catastrophe Property Insurance
    1-4  Association.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 3(h), Texas Catastrophe Property
    1-7  Insurance Pool Act (Article 21.49, Insurance Code), is amended to
    1-8  read as follows:
    1-9        (h)  "Catastrophe Area" means a city or a part of a city or a
   1-10  county or a part of a county in which it may be determined by the
   1-11  commissioner <Board>, after notice of not less than 10 days and a
   1-12  hearing, that windstorm and hail insurance is not reasonably
   1-13  available to a substantial number of owners of insurable property
   1-14  within that <such> city or a part of that city or a county or a
   1-15  part of that county, due to such insurable property being located
   1-16  within a city  or a part of that city or a county or a part of that
   1-17  county that is subject to unusually frequent and severe damage
   1-18  resulting from windstorms and/or hailstorms.  Such designation
   1-19  shall be revoked by the  commissioner <Board> if the commissioner
   1-20  <it> determines, after notice of not less than 10 days and a
   1-21  hearing, that windstorm and hail insurance in such catastrophe area
   1-22  is no longer reasonably unavailable to a substantial number of
   1-23  owners of insurable property within such designated city  or a part
    2-1  of that city or county or a part of that county.  If the
    2-2  Association shall determine that windstorm and hail insurance is no
    2-3  longer reasonably unavailable to a substantial number of owners of
    2-4  insurable property in any designated catastrophe area or areas,
    2-5  then the Association may request in writing that the  commissioner
    2-6  <Board> revoke the designation of any or all of such catastrophe
    2-7  areas and, after notice of not less than 10 days and a hearing, but
    2-8  within 30 days of such hearing, the commissioner <Board> shall
    2-9  either approve or reject the Association's request and shall, if
   2-10  such request be approved, revoke such designation or designations.
   2-11        SECTION 2.  Section 8(h), Texas Catastrophe Property
   2-12  Insurance Pool Act (Article 21.49, Insurance Code), is amended to
   2-13  read as follows:
   2-14        (h)(1)  Each extended coverage benchmark rate, flexibility
   2-15  band, and promulgated rate established by the commissioner <Board>
   2-16  in accordance with Chapter 5, Insurance Code, must be uniform
   2-17  throughout the first tier of coastal counties.
   2-18              (2)  The rates for noncommercial windstorm and hail
   2-19  insurance written by the association <before December 31, 1995,>
   2-20  shall be 90 percent of the modified extended coverage rates.  For
   2-21  purposes of this section, the modified extended coverage rate is
   2-22  the greater of the upper flexibility band for extended coverage
   2-23  established by the commissioner <board> under Article 5.101 of this
   2-24  code or 25 percent above the extended coverage benchmark rate
   2-25  established by the commissioner <board> under that article.
    3-1              (3)  Not later than August 1 of each year, the
    3-2  Association <The rates for noncommercial windstorm and hail
    3-3  insurance written by the association after December 31, 1995, shall
    3-4  be 90 percent of the manual rate for monoline extended coverage
    3-5  promulgated by the Board for noncommercial risks under Subchapter
    3-6  C, Chapter 5, Insurance Code.  Notwithstanding Article 5.13-2,
    3-7  Insurance Code, the Board> shall file with the department for
    3-8  approval by the commissioner <promulgate> a manual rate for
    3-9  commercial risks and classes of risks written by the Association
   3-10  developed in accordance with Subchapter C, Chapter 5, Insurance
   3-11  Code, which is applicable only to the extent consistent with this
   3-12  article.  The Association may not make such a filing more than one
   3-13  time in any 12-month period.  The rate for commercial windstorm and
   3-14  hail insurance written by the Association shall be 90 percent of
   3-15  the rate for extended coverage for commercial risks as developed in
   3-16  accordance with Subchapter C, Chapter 5, Insurance Code, to the
   3-17  extent consistent with this article.  Article 5.13-2, Insurance
   3-18  Code, does not apply to the rates of insurance written by the
   3-19  Association.  Article 1.33B of this code does not apply to a filing
   3-20  made under this subdivision and Subdivisions (4)-(10) of this
   3-21  subsection, or a department action with respect to the filing.
   3-22  <The rates for commercial windstorm and hail insurance written by
   3-23  the Association shall be 90 percent of the manual rates for
   3-24  extended coverage promulgated by the Board for commercial risks
   3-25  under Subchapter C, Chapter 5, Insurance Code.>
    4-1              (4)  Before approving or disapproving a filing, or
    4-2  modifying a filing, the commissioner shall provide all interested
    4-3  persons a reasonable opportunity to review the filing, obtain
    4-4  copies of the filing on payment of any legally required copying
    4-5  cost, and submit to the commissioner written comments or
    4-6  information related to the filing.
    4-7              (5)  The commissioner shall schedule an open meeting
    4-8  not later than the 45th day after the date on which the department
    4-9  receives the filing at which interested persons may present written
   4-10  or oral comments relating to the filing.   An open meeting under
   4-11  this subdivision is subject to Chapter 551, Government Code, but is
   4-12  not a contested case hearing under Chapter 2001, Government Code.
   4-13              (6)  The department shall file with the Texas Register
   4-14  notice that a filing has been made under Subdivision (3) of this
   4-15  subsection not later than the seventh day after the date the filing
   4-16  is received by the department.  The notice must include information
   4-17  relating to:
   4-18                    (A)  the availability of the filing for public
   4-19  inspection at the department during regular business hours and the
   4-20  procedures for obtaining copies of the filing;
   4-21                    (B)  procedures for making written comments
   4-22  related to the filing; and
   4-23                    (C)  the time, place, and date of the open
   4-24  meeting scheduled under Subdivision (5) of this subsection at which
   4-25  an interested person may submit either written or oral comments
    5-1  relating to the filing.
    5-2              (7)  After the conclusion of the open meeting, the
    5-3  commissioner shall approve or disapprove or modify the filing in
    5-4  writing on or before November 1 of the year in which the filing is
    5-5  made or the filing is deemed approved.  If the commissioner
    5-6  disapproves a filing, the commissioner shall state in writing the
    5-7  reasons for the disapproval and the criteria to be met by the
    5-8  Association to obtain approval.  The Association may file with the
    5-9  commissioner, not later than ten (10) days after the date on which
   5-10  the Association receives the commissioner's written disapproval, an
   5-11  amended filing bringing the filing into conformity with all
   5-12  criteria stated in the commissioner's written disapproval.
   5-13              (8)  Before approving or disapproving an amended
   5-14  filing, the commissioner shall provide all interested persons a
   5-15  reasonable opportunity to review the amended filing, obtain copies
   5-16  of the amended filing on payment of any legally required copying
   5-17  cost, and submit to the commissioner written comments or
   5-18  information related to the amended filing in the manner provided by
   5-19  Subdivision (4) of this subsection, and may hold a hearing not
   5-20  later than the 20th day after the date on which the department
   5-21  receives the amended filing in the manner provided by Subdivision
   5-22  (5) of this subsection.  Not later than the 10th day after the date
   5-23  on which the hearing on the amended filing is concluded, the
   5-24  commissioner shall approve or disapprove the amended filing.
   5-25  Within 30 days after the amended filing is received, the
    6-1  commissioner shall approve or disapprove an amended filing or it is
    6-2  deemed approved.  The requirements imposed under Subdivisions (6)
    6-3  and (7) of this subsection apply to a hearing conducted under this
    6-4  subdivision.
    6-5              (9)  In conjunction with the review of a filing or
    6-6  amended filing, the commissioner may request the Association to
    6-7  provide additional supporting information relating to the filing or
    6-8  amended filing, and any interested person may file a written
    6-9  request with the commissioner for additional supporting information
   6-10  relating to the filing or amended filing.  A request under this
   6-11  subdivision must be reasonable and must be directly related to the
   6-12  filing or amended filing.  The commissioner shall submit to the
   6-13  Association all requests for additional supporting information made
   6-14  under this subdivision for the commissioner's use and the use of
   6-15  any interested person.  The Association shall provide the
   6-16  information to the commissioner not later than the fifth day after
   6-17  the date on which the written request for additional supporting
   6-18  information is delivered to the Association.  The department shall
   6-19  notify an interested person who has requested additional
   6-20  information of the availability of the information not later than
   6-21  one business day after the date on which the commissioner receives
   6-22  the information from the Association.
   6-23              (10)  A filing made under this subsection may not
   6-24  reflect an annual premium rate change that is more than 15 percent
   6-25  (higher or lower) of the rate for commercial windstorm and hail
    7-1  insurance in each rate classification in effect on September 1,
    7-2  1995.  This subdivision expires January 1, 2001, provided however,
    7-3  that the commissioner may, after notice and hearing, suspend this
    7-4  subdivision upon a finding that a catastrophe loss or series of
    7-5  occurrences resulting in losses in the catastrophe area justify a
    7-6  need to assure rate adequacy in the catastrophe area and also
    7-7  justify a need to assure availability of insurance outside the
    7-8  catastrophe area.
    7-9              (11)  If valid flood or rising water insurance coverage
   7-10  exists and is maintained on any risk being insured in the pool, the
   7-11  commissioner <State Board of Insurance> may provide for a rate and
   7-12  reduction in rate of premium as may be appropriate.
   7-13              (12)  The catastrophe element of extended coverage
   7-14  rates promulgated or filed by the commissioner <Board> under this
   7-15  Act applicable to commercial risks written by the Association shall
   7-16  be uniform throughout the seacoast territory and shall be based on
   7-17  all monoline extended coverage loss experience of all regulated
   7-18  insurers authorized to do business in this state, including the
   7-19  Association, for property located in the seacoast territory, using
   7-20  the most recent 30 years' experience available.  Surcharges
   7-21  collected in the past and used in the development of current manual
   7-22  rates may not be excluded from future rate development as long as
   7-23  those surcharges were collected during the experience period used
   7-24  by the commissioner <Board>.
   7-25              (13)  The association shall either establish a
    8-1  reinsurance program or enter into a contract as provided in
    8-2  Subsection (i) of this section.  The Texas Department of Insurance
    8-3  may approve any reinsurance program.
    8-4        SECTION 3.  Not later than December 31, 1995, the
    8-5  commissioner of insurance shall submit to the governor, lieutenant
    8-6  governor, and speaker of the house of representatives a report
    8-7  containing the commissioner's conclusions and recommendations for
    8-8  further action regarding the treatment of claims resulting from a
    8-9  significant natural catastrophe.  The report must include:
   8-10              (1)  necessary administrative and legislative measures
   8-11  to adequately respond to a substantial volume of claims resulting
   8-12  from a significant natural catastrophe;
   8-13              (2)  administrative and legislative measures for
   8-14  coordination and cooperation among applicable state agencies as
   8-15  necessary to:
   8-16                    (A)  ensure prompt and fair payment of claims
   8-17  resulting from a significant natural catastrophe; and
   8-18                    (B)  protect the Texas Catastrophe Property
   8-19  Insurance Association from fraudulent claims; and
   8-20              (3)  an analysis of the adequacy of the rate structure
   8-21  of the Texas Catastrophe Property Insurance Association to ensure
   8-22  recovery by the association from financial losses resulting from a
   8-23  significant natural catastrophe.
   8-24        SECTION 4.  This Act takes effect on September 1, 1995, and
   8-25  applies only to an insurance policy that is delivered, issued for
    9-1  delivery, or renewed on or after January 1, 1996.  A policy that is
    9-2  delivered, issued for delivery, or renewed before January 1, 1996,
    9-3  is governed by the law as it existed immediately before the
    9-4  effective date of this Act, and that law is continued in effect for
    9-5  that purpose.
    9-6        SECTION 5.  The importance of this legislation and the
    9-7  crowded condition of the calendars in both houses create an
    9-8  emergency and an imperative public necessity that the
    9-9  constitutional rule requiring bills to be read on three several
   9-10  days in each house be suspended, and this rule is hereby suspended.