By Eiland, Berlanga, Hunter of Nueces,                H.B. No. 2593
             Luna, Munoz, et al.
          Substitute the following for H.B. No. 2593:
          By Counts                                         C.S.H.B. No. 2593
                                 A BILL TO BE ENTITLED
    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 8(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)(1)  Each extended coverage benchmark rate, flexibility
   1-10  band, and promulgated rate established by the commissioner <Board>
   1-11  in accordance with Chapter 5, Insurance Code, must be uniform
   1-12  throughout the first tier of coastal counties.
   1-13              (2)  The rates for noncommercial windstorm and hail
   1-14  insurance written by the association <before December 31, 1995,>
   1-15  shall be 90 percent of the modified extended coverage rates.  For
   1-16  purposes of this section, the modified extended coverage rate is
   1-17  the greater of the upper flexibility band for extended coverage
   1-18  established by the commissioner <board> under Article 5.101 of this
   1-19  code or 25 percent above the extended coverage benchmark rate
   1-20  established by the commissioner <board> under that article.
   1-21              (3)  Not later than August 1 of each year, the
   1-22  Association <The rates for noncommercial windstorm and hail
   1-23  insurance written by the association after December 31, 1995, shall
    2-1  be 90 percent of the manual rate for monoline extended coverage
    2-2  promulgated by the Board for noncommercial risks under Subchapter
    2-3  C, Chapter 5, Insurance Code.  Notwithstanding Article 5.13-2,
    2-4  Insurance Code, the Board> shall file with the department for
    2-5  approval by the commissioner <promulgate> a manual rate for
    2-6  commercial risks and classes of risks written by the Association
    2-7  developed in accordance with Subchapter C, Chapter 5, Insurance
    2-8  Code, which is applicable only to the extent consistent with this
    2-9  article.  The Association may not make such a filing more than one
   2-10  time in any 12-month period.  The rate for commercial windstorm and
   2-11  hail insurance written by the Association shall be 90 percent of
   2-12  the rate for extended coverage for commercial risks as developed in
   2-13  accordance with Subchapter C, Chapter 5, Insurance Code, to the
   2-14  extent consistent with this article.  Article 5.13-2, Insurance
   2-15  Code, does not apply to the rates of insurance written by the
   2-16  Association.  Article 1.33B of this code does not apply to a filing
   2-17  made under this subdivision and Subdivisions (4)-(10) of this
   2-18  subsection, or a department action with respect to the filing.
   2-19  <The rates for commercial windstorm and hail insurance written by
   2-20  the Association shall be 90 percent of the manual rates for
   2-21  extended coverage promulgated by the Board for commercial risks
   2-22  under Subchapter C, Chapter 5, Insurance Code.>
   2-23              (4)  Before approving or disapproving a filing, or
   2-24  modifying a filing, the commissioner shall provide all interested
   2-25  persons a reasonable opportunity to review the filing, obtain
    3-1  copies of the filing on payment of any legally required copying
    3-2  cost, and submit to the commissioner written comments or
    3-3  information related to the filing.
    3-4              (5)  The commissioner shall schedule an open meeting
    3-5  not later than the 45th day after the date on which the department
    3-6  receives the filing at which interested persons may present written
    3-7  or oral comments relating to the filing.   An open meeting under
    3-8  this subdivision is subject to Chapter 551, Government Code, but is
    3-9  not a contested case hearing under Chapter 2001, Government Code.
   3-10              (6)  The department shall file with the Texas Register
   3-11  notice that a filing has been made under Subdivision (3) of this
   3-12  subsection not later than the seventh day after the date the filing
   3-13  is received by the department.  The notice must include information
   3-14  relating to:
   3-15                    (A)  the availability of the filing for public
   3-16  inspection at the department during regular business hours and the
   3-17  procedures for obtaining copies of the filing;
   3-18                    (B)  procedures for making written comments
   3-19  related to the filing; and
   3-20                    (C)  the time, place and date of the open meeting
   3-21  scheduled under Subdivision (5) of this subsection at which an
   3-22  interested person may submit either written or oral comments
   3-23  relating to the filing.
   3-24              (7)  After the conclusion of the open meeting, the
   3-25  commissioner shall approve or disapprove or modify the filing in
    4-1  writing on or before November 1 of the year in which the filing is
    4-2  made or the filing is deemed approved.  If the commissioner
    4-3  disapproves a filing, the commissioner shall state in writing the
    4-4  reasons for the disapproval and the criteria to be met by the
    4-5  Association to obtain approval.  The Association may file with the
    4-6  Commissioner, not later than ten (10) days after the date on which
    4-7  the Association receives the Commissioner's written disapproval, an
    4-8  amended filing bringing the filing into conformity with all
    4-9  criteria stated in the Commissioner's written disapproval.
   4-10              (8)  Before approving or disapproving an amended
   4-11  filing, the commissioner shall provide all interested persons a
   4-12  reasonable opportunity to review the amended filing, obtain copies
   4-13  of the amended filing on payment of any legally required copying
   4-14  cost, and submit to the commissioner written comments or
   4-15  information related to the amended filing in the manner provided by
   4-16  Subdivision (4) of this subsection, and may hold a hearing not
   4-17  later than the 20th day after the date on which the department
   4-18  receives the amended filing in the manner provided by Subdivision
   4-19  (5) of this subsection.  Not later than the 10th day after the date
   4-20  on which the hearing on the amended filing is concluded, the
   4-21  commissioner shall approve or disapprove the amended filing.
   4-22  Within 30 days after the amended filing is received, the
   4-23  commissioner shall approve or disapprove an amended filing or it is
   4-24  deemed approved.  The requirements imposed under Subdivisions (6)
   4-25  and (7) of this subsection apply to a hearing conducted under this
    5-1  subdivision.
    5-2              (9)  In conjunction with the review of a filing or
    5-3  amended filing, the commissioner may request the Association to
    5-4  provide additional supporting information relating to the filing or
    5-5  amended filing, and any interested person may file a written
    5-6  request with the commissioner for additional supporting information
    5-7  relating to the filing or amended filing.  A request under this
    5-8  subdivision must be reasonable and must be directly related to the
    5-9  filing or amended filing.  The commissioner shall submit to the
   5-10  Association all requests for additional supporting information made
   5-11  under this subdivision for the commissioner's use and the use of
   5-12  any interested person.  The Association shall provide the
   5-13  information to the commissioner not later than the fifth day after
   5-14  the date on which the written request for additional supporting
   5-15  information is delivered to the Association.  The department shall
   5-16  notify an interested person who has requested additional
   5-17  information of the availability of the information not later than
   5-18  one business day after the date on which the commissioner receives
   5-19  the information from the Association.
   5-20              (10)  A filing made under this subsection may not
   5-21  reflect an annual premium rate change that is more than 15 percent
   5-22  (higher or lower) of the rate for commercial windstorm and hail
   5-23  insurance in each rate classification in effect on September 1,
   5-24  1995.  This subdivision expires January 1, 2001, provided however,
   5-25  that the commissioner may, after notice and hearing, suspend this
    6-1  subdivision upon a finding that a catastrophe loss or series of
    6-2  occurrences resulting in losses in the catastrophe area justify a
    6-3  need to assure rate adequacy in the catastrophe area and also
    6-4  justify a need to assure availability of insurance outside the
    6-5  catastrophe area.
    6-6              (11)  If valid flood or rising water insurance coverage
    6-7  exits and is maintained on any risk being insured in the pool, the
    6-8  commissioner <State Board of Insurance> may provide for a rate and
    6-9  reduction in rate of premium as may be appropriate.
   6-10              (12)  The catastrophe element of extended coverage
   6-11  rates promulgated or filed by the commissioner <Board> under this
   6-12  Act applicable to commercial risks written by the Association shall
   6-13  be uniform throughout the seacoast territory and shall be based on
   6-14  all monoline extended coverage loss experience of all regulated
   6-15  insurers authorized to do business in this state, including the
   6-16  Association, for property located in the seacoast territory, using
   6-17  the most recent 30 years' experience available.  Surcharges
   6-18  collected in the past and used in the development of current manual
   6-19  rates may not be excluded from future rate development as long as
   6-20  those surcharges were collected during the experience period used
   6-21  by the commissioner <Board>.
   6-22              (13)  The Association shall either establish a
   6-23  reinsurance program or enter into a contract as provided in
   6-24  Subsection (i) of this section.  The Texas Department of Insurance
   6-25  may approve any reinsurance program.
    7-1        SECTION 2.  This Act takes effect on September 1, 1995, and
    7-2  applies only to an insurance policy that is delivered, issued for
    7-3  delivery, or renewed on or after January 1, 1996.  A policy that is
    7-4  delivered, issued for delivery, or renewed before January 1, 1996,
    7-5  is governed by the law as it existed immediately before the
    7-6  effective date of this Act, and that law is continued in effect for
    7-7  that purpose.
    7-8        SECTION 3.  The importance of this legislation and the
    7-9  crowded condition of the calendars in both houses create an
   7-10  emergency and an imperative public necessity that the
   7-11  constitutional rule requiring bills to be read on three several
   7-12  days in each house be suspended, and this rule is hereby suspended.