By Smithee                                            H.B. No. 2697
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to rates for commercial windstorm and hail insurance in
    1-3  the Texas Catastrophe Property Insurance Association.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 21.49, Section 8(h), Insurance Code, is
    1-6  amended to read as follows:
    1-7        (h)  Each extended coverage benchmark rate, flexibility band,
    1-8  and promulgated rate established by the Commissioner in accordance
    1-9  with Chapter 5, Insurance Code, must be uniform throughout the
   1-10  first tier of coastal counties.
   1-11        The rates for noncommercial windstorm and hail insurance
   1-12  written by the Association <before December 31, 1995,> shall be 90
   1-13  percent of the modified extended coverage rates.  For purposes of
   1-14  this section, the modified extended coverage rate is the greater of
   1-15  the upper flexibility band for extended coverage established by the
   1-16  Commissioner under Article 5.101 of this code or 25 percent above
   1-17  the extended coverage benchmark rate established by the
   1-18  Commissioner under that article.
   1-19        <The rates for noncommercial windstorm and hail insurance
   1-20  written by the Association after December 31, 1995, shall be 90
   1-21  percent of the manual rate for monoline extended coverage
   1-22  promulgated by the Commissioner for noncommercial risks under
   1-23  Subchapter C, Chapter 5, Insurance Code.>  Notwithstanding Article
    2-1  5.13-2, Insurance Code, the <Board> Association shall <promulgate>
    2-2  file for approval by the Commissioner a manual rate for commercial
    2-3  risks and classes of risks written by the Association; provided the
    2-4  Association may not make such a filing more than one time in any
    2-5  12-month period. <in accordance with Subchapter C, Chapter 5,
    2-6  Insurance Code.>  Article 5.13-2, Insurance Code, does not apply to
    2-7  the rates of insurance written by the Association.  The Texas
    2-8  Department of Insurance shall file with the Texas Register notice
    2-9  that a filing has been made by the Association seven days after
   2-10  receipt of a filing.  An insured under a commercial policy written
   2-11  by the Association that is aggrieved with respect to a commercial
   2-12  filing or the office of public insurance counsel may make written
   2-13  application to the Commissioner for a hearing on a filing.  The
   2-14  application must specify the grounds on which the insured or office
   2-15  of public insurance counsel bases its request for hearing, and the
   2-16  application must be accompanied by written, specific facts and
   2-17  information supporting the grounds for objection to the filing.  An
   2-18  interested person shall make such application within 60 days after
   2-19  notice appears in the Texas Register.  If, after the review of the
   2-20  application for hearing and supporting facts and information, the
   2-21  Commissioner concludes that the application for hearing is made in
   2-22  good faith, that the insured or the public as represented by the
   2-23  office of public insurance counsel would be so aggrieved if the
   2-24  grounds in the request are established, and that those grounds
   2-25  otherwise justify holding the hearing, the Commissioner shall issue
    3-1  notice of a hearing to be held not later than the 30th day after
    3-2  the date of receipt of the application for hearing.  Additionally,
    3-3  the Commissioner must give at least 10 days' written notice of the
    3-4  hearing to the person or entity making the hearing application and
    3-5  to the Association.  The notice of hearing must specify which of
    3-6  the grounds stated in the request for hearing will be considered
    3-7  and whether the hearing is limited to consideration of all or part
    3-8  of the grounds stated in the application for hearing.
    3-9        If, after the hearing, the Commissioner finds that all or
   3-10  part of the filing does not meet the requirements of this article,
   3-11  the Commissioner shall issue an order specifying each aspect in
   3-12  which the filing fails to meet the requirements of this article.
   3-13        Each commercial filing and any information supporting the
   3-14  filing that is filed under this article is open to public
   3-15  inspection as of the date of the filing.  A commercial filing made
   3-16  by the Association is considered approved by the Commissioner on
   3-17  the 75th day following the date on which it is filed unless the
   3-18  Commissioner disapproves the filing before that time or issues
   3-19  notice of a hearing in accordance with this section.  If the
   3-20  Commissioner gives notice of hearing on an application, he may
   3-21  extend the date of approval or disapproval until the 60th day
   3-22  following the date of the close of the hearing.  <The rates for
   3-23  commercial windstorm and hail insurance written by the Association
   3-24  shall be 90 percent of the manual rates for extended coverage
   3-25  promulgated by the Board for commercial risks under Subchapter C,
    4-1  Chapter 5, Insurance Code.>
    4-2        If valid flood or rising water insurance coverage exists and
    4-3  is maintained on any risk being insured in the pool, the
    4-4  Commissioner may provide for a rate and reduction in rate of
    4-5  premium as may be appropriate.
    4-6        The catastrophe element of extended coverage rates
    4-7  promulgated or filed by the Commissioner under this Act applicable
    4-8  to commercial risks written by the Association shall be uniform
    4-9  throughout the seacoast territory and shall be based on all
   4-10  monoline extended coverage loss experience of all regulated
   4-11  insurers authorized to do business in this state, including the
   4-12  Association, for property located in the seacoast territory, using
   4-13  the most recent 30 years' experience available.  Surcharges
   4-14  collected in the past and used in the development of current manual
   4-15  rates may not be excluded from future rate development as long as
   4-16  those surcharges were collected during the experience period used
   4-17  by the Commissioner.
   4-18        The Association shall either establish a reinsurance program
   4-19  or enter into a contract as provided in Subsection (i) of this
   4-20  section.  The Texas Department of Insurance may approve any
   4-21  reinsurance program.
   4-22        SECTION 2.  This Act takes effect September 1, 1995.
   4-23        SECTION 3.  The importance of this legislation and the
   4-24  crowded condition of the calendars in both houses create an
   4-25  emergency and an imperative public necessity that the
    5-1  constitutional rule requiring bills to be read on three several
    5-2  days in each house be suspended, and this rule is hereby suspended
    5-3  and that this Act take effect and be in force according to its
    5-4  terms, and it is so enacted.