By Duncan                                             H.B. No. 2915
          Substitute the following for H.B. No. 2915:
          By Duncan                                         C.S.H.B. No. 2915
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  to amend Article 3.42, Texas Insurance Code, relating to approval
    1-3  and use of life, health and accident insurance policy forms.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 3.42, Insurance Code, is amended to read
    1-6  as follows:
    1-7        Art. 3.42.  Policy Form Approval.  (a)  No policy, contract
    1-8  or certificate of life, term or endowment insurance, group life or
    1-9  term insurance, industrial life insurance, accident or health
   1-10  insurance, group accident or health insurance, hospitalization
   1-11  insurance, group hospitalization insurance, medical or surgical
   1-12  insurance, group medical or surgical insurance, or fraternal
   1-13  benefit insurance, and no annuity or pure endowment contract or
   1-14  group annuity contract, shall be delivered, issued or used in this
   1-15  state by a life, accident, health or casualty insurance company, a
   1-16  mutual life insurance company, mutual insurance company other than
   1-17  life, mutual or natural premium life insurance company, general
   1-18  casualty company, Lloyds, reciprocal or interinsurance exchange,
   1-19  fraternal benefit society, group hospitalization service or any
   1-20  other insurer, unless the form of said policy, contract or
   1-21  certificate has been filed with the department <State Board of
   1-22  Insurance> as provided by Subsections <in Paragraph> (c) and (d) of
   1-23  this Article.  Provided, however, that this Article shall not apply
    2-1  to any society, company or other insurer whose activities are by
    2-2  statute exempt from the control of the department <State Board of
    2-3  Insurance> and which is entitled by statute to an exemption
    2-4  certificate from the department <said Board> in evidence of its
    2-5  exempt status; provided, further, that this Act shall not be
    2-6  construed to enlarge the powers of any of the insurers subject to
    2-7  this Article.
    2-8        (b)  No application form which is required to be or is
    2-9  attached to the policy, contract or certificate, and no rider or
   2-10  endorsement to be attached to, printed upon or used in connection
   2-11  with any policy, contract or certificate described by Subsection
   2-12  <in Paragraph> (a) of this Article shall be delivered, issued or
   2-13  used in this state by any insurer described by Subsection <in
   2-14  Paragraph> (a) of this Article unless the form of said application,
   2-15  rider or endorsement has been filed with the department <State
   2-16  Board of Insurance> as provided by Subsections <in Paragraph> (c)
   2-17  and (d) of this Article.  Each individual accident and sickness
   2-18  policy application form, which is required to be or is attached to
   2-19  the policy, shall comply with the rules and regulations of the
   2-20  commissioner adopted under <Board promulgated pursuant to>
   2-21  Subchapter G of this chapter.  Provided, however, that this Article
   2-22  shall not apply to riders or endorsements which relate to the
   2-23  manner of distribution of benefits or to the reservation of rights
   2-24  and benefits under such policies, contracts and certificates, and
   2-25  which are used at the request of the holder of the policy, contract
    3-1  or certificate.
    3-2        (c)  Each <(1)  Every such> filing <hereby> required under
    3-3  Subsection (a) or (b) of this Article shall be made prior to any
    3-4  such issuance, delivery or use of such form, contract or policy.
    3-5  On that filing, the <The> insurer may immediately issue, deliver
    3-6  and use such form, contract or policy, provided such filing shall
    3-7  be accompanied by a certification on behalf of the filing insurer,
    3-8  signed by either an attorney licensed to practice law in this
    3-9  state, an actuary familiar with the requirements of this Code and
   3-10  the applicable rules and regulations adopted pursuant thereto, or
   3-11  the chief executive officer of such filing insurer or a person
   3-12  designated by that officer.  Such certification must affirm that it
   3-13  is on behalf of the insurer, that the insurer is bound thereby,
   3-14  that the person certifying has reviewed the filing, and that, based
   3-15  upon that person's best knowledge, information, and belief, such
   3-16  filed form, contract, or policy complies in all respects with the
   3-17  provisions of this Code and the adopted rules and regulations that
   3-18  are applicable to such policy, contract, certificate, application,
   3-19  rider, endorsement, or other form being filed.  At the expiration
   3-20  of 60 <sixty> days after receipt of such filed form, contract or
   3-21  policy by the department <State Board of Insurance>, such form,
   3-22  contract or policy shall be deemed approved by the department
   3-23  <State Board of Insurance> unless prior thereto it has been
   3-24  affirmatively either approved or disapproved by the written order
   3-25  of the commissioner <Board>, or the insurer has requested in
    4-1  writing that the approval period <deemer> be extended for an
    4-2  additional period <of time,> not to exceed 45 <sixty> days.  The
    4-3  request for extension shall be considered granted upon being
    4-4  received by the department <State Board of Insurance>.  Only one
    4-5  extension may be granted.  On the expiration of the extension, the
    4-6  form is considered approved unless the commissioner has taken
    4-7  affirmative action to either approve or disapprove the form before
    4-8  the expiration of the extension.   If such policy, contract or form
    4-9  is affirmatively disapproved by the commissioner <Board>, the
   4-10  insurer, upon receiving written notice thereof, shall immediately
   4-11  cease issuing or using such policy, contract or form.  If any such
   4-12  filed contract, policy or form is used, issued, or delivered prior
   4-13  to either affirmative or statutory deemer approval, and if
   4-14  corrections are required to be made before the commissioner will
   4-15  approve the contract, policy, or form <approval in order> to bring
   4-16  the contract, policy or form into complete compliance with the
   4-17  provisions of this Code and the applicable rules of the
   4-18  commissioner <State Board of Insurance>, the commissioner
   4-19  <Commissioner, at his discretion,> may order the insurer either to
   4-20  reissue a corrected contract, policy or form to replace the one
   4-21  previously issued, delivered, or used, or to amend and correct it
   4-22  by endorsement or rider.  If a contract, policy or form is
   4-23  disapproved or approval is withdrawn under the provisions of
   4-24  Section (i) <(f)> of this Article, the commissioner <Commissioner>
   4-25  may<, at his discretion,> order a similar replacement or amendment
    5-1  to correct the original contract, policy or form.  In the event it
    5-2  is determined after notice and opportunity for hearing that Texas
    5-3  insureds have been financially damaged by the use of a contract,
    5-4  policy or form filed and used under this subsection but that has
    5-5  not been approved as provided by this subsection and that does not
    5-6  comply with this Code and legally adopted applicable rules of the
    5-7  commissioner <State Board of Insurance>, and the commissioner
    5-8  determines that the insurer intentionally used and issued that
    5-9  contract, policy, or form with the knowledge that it did not comply
   5-10  with this Code or those applicable rules, the commissioner
   5-11  <Commissioner of Insurance> may order the insurer to make complete
   5-12  restitution to those financially damaged insureds in such form and
   5-13  amount and within such time period as determined by the
   5-14  commissioner <Commissioner>.  This section shall not be construed
   5-15  to be in derogation or to in any way limit the applicability of any
   5-16  otherwise applicable statute, but the commissioner may not impose
   5-17  other sanctions or penalties on an insurer for the issuance of a
   5-18  form, policy or contract filed under this subsection except as
   5-19  specifically provided in this subsection.
   5-20        (d) <(2)>  In lieu of an as and alternative to such filing
   5-21  being accompanied by such certification as required by Subsection
   5-22  (c) of this Article <in paragraph (1) above>, any such filing
   5-23  required hereby shall be made no less than 60 <sixty> days in
   5-24  advance of any such issuance, delivery, or use of such form, and at
   5-25  the expiration of 60 <sixty> days the form so filed shall be deemed
    6-1  approved by the commissioner <State Board of Insurance> unless
    6-2  prior thereto it has been affirmatively approved or disapproved by
    6-3  the written order of the commissioner <said Board>.  Approval of
    6-4  any such form by the commissioner <such Board> shall constitute a
    6-5  waiver of any unexpired portion of the waiting period, or periods,
    6-6  herein provided.
    6-7              <(3)  Those filed policies, contracts or forms which
    6-8  are subject to either Section 11, Article 3.28, or Section 9,
    6-9  Article 3.44a of this Code, may be filed and used in accordance
   6-10  with paragraph (1) above, but such filed policies, contracts or
   6-11  forms shall not be deemed to be approved by the expiration of the
   6-12  sixty days provided for in either paragraph (1) or (2) hereof, and
   6-13  such policies, contracts or forms must be either affirmatively
   6-14  approved or disapproved by the Board under this Article within such
   6-15  sixty days.  The insurer may request once in writing that such
   6-16  sixty-day period be extended for an additional sixty days, which
   6-17  request shall be considered granted upon being received by the
   6-18  State Board of Insurance.>
   6-19        (e) <(4)>  The department <State Board of Insurance> shall
   6-20  charge and receive the following fees in an amount to be determined
   6-21  by the commissioner <Board> not to exceed the following:
   6-22              (1) <(i)>  for a filing of policy forms, amendments,
   6-23  endorsements, and riders filed for review under this Article,
   6-24  unless exempted pursuant to Section (i) <(e)> of this Article, $100
   6-25  <$200.00>; and
    7-1              (2) <(ii)>  for a filing of policy forms, amendments,
    7-2  endorsements, and riders, exempted from review pursuant to Section
    7-3  (i) <(e)> of this Article, $50 <$100.00>.
    7-4        (f)  The commissioner <Board> shall, within the limits fixed
    7-5  by Subsection (f) of this Article <this subsection>, prescribe the
    7-6  fees to be charged under Subsection (f) of this Article <this
    7-7  subsection>. Fees collected under that <this> subsection shall be
    7-8  deposited in the State Treasury <to the credit of the State Board
    7-9  of Insurance operating fund>.
   7-10        (g) <(d)>  The order of the commissioner <State Board of
   7-11  Insurance> disapproving any such form or withdrawing a previous
   7-12  approval must <shall> state the grounds for such disapproval or
   7-13  withdrawal, and must describe in adequate detail the changes
   7-14  necessary to obtain approval.  The insurer is entitled to 45 days
   7-15  after the date of the order to make the changes required to correct
   7-16  the deficiencies noted in the order.  The commissioner has 45 days
   7-17  to approve or disapprove the form filed for reconsideration or the
   7-18  form is considered approved for purposes of this Article.
   7-19        (h) <(e)>  The commissioner <State Board of Insurance> may,
   7-20  by written order, exempt from the requirements of this Article for
   7-21  so long as the commissioner considers <it deems> proper, any
   7-22  insurance document or form specified in such order, to which in the
   7-23  commissioner's <its> opinion <either (i)> this Article may not
   7-24  practically be applied, <(ii)> the form's preparation, use, and
   7-25  meaning have become routine or commonplace, or <(iii)> the filing
    8-1  and approval of such form or document are, in the commissioner's
    8-2  <its> opinion, not desirable, appropriate, required, or necessary
    8-3  for the protection of the public.  Additionally, the commissioner
    8-4  <State Board of Insurance> may, after notice and hearing, adopt
    8-5  reasonable rules and amendments to rules that are necessary for the
    8-6  commissioner <it> to establish guidelines, procedures, methods,
    8-7  standards, and criteria by which the various and different types of
    8-8  forms and documents submitted to the department <Board> are to be
    8-9  reviewed and approved by the commissioner <Board> as <being> in
   8-10  compliance with this article or exempted under this subsection, and
   8-11  to provide those guidelines, procedures, methods, standards, and
   8-12  criteria by which a summary review and approval may be given to
   8-13  those particular types of forms and documents designated by the
   8-14  commissioner <Board> that, in the commissioner's <its> opinion,
   8-15  will expedite the review and approval process of those forms and
   8-16  documents.
   8-17        (i) <(f)>  The commissioner <State Board of Insurance> may
   8-18  disapprove any such form, or, after notice and hearing, may
   8-19  withdraw any previous approval thereto if the form:<, and only if,>
   8-20              (1)  violates <It is in any respect in violation of> or
   8-21  does not comply with this Code or any valid rule relating thereto
   8-22  duly adopted by the commissioner <State Board of Insurance>, or is
   8-23  otherwise contrary to law; or
   8-24              (2)  <It> contains provisions or has any titles or
   8-25  headings which are unjust, encourage misrepresentation or are
    9-1  deceptive.
    9-2        (j)  If a form subject to Subsection (i) of this Article has
    9-3  been on file with the department for at least 180 days and has been
    9-4  previously affirmatively approved by the commissioner, considered
    9-5  approved under the operation of this Article, or exempted from the
    9-6  approval requirements as provided by this Article, the commissioner
    9-7  may withdraw the previous approval or the exemption from the
    9-8  approval requirements only if the form violates or does not comply
    9-9  with specific requirements under this Code or a rule adopted under
   9-10  the Code unless the commissioner finds proof of gross
   9-11  misrepresentation or fraud to the policyholder.
   9-12        (k) <(g)(1)>  The commissioner <Board> may, after notice and
   9-13  hearing, withdraw any previous approval of an individual accident
   9-14  and sickness insurance policy form if, after consideration of all
   9-15  relevant facts, the commissioner <Board> finds that the benefits
   9-16  provided under such policy form are unreasonable in relation to the
   9-17  premium charged, or the reserve required by Article 6.01 of this
   9-18  code is not maintained by the insurer on the policies issued upon
   9-19  such policy form.  The commissioner <Board> shall from time to time
   9-20  as conditions warrant, and after notice and hearing, promulgate
   9-21  such reasonable rules and regulations and amendments thereto as are
   9-22  necessary to establish the standard or standards by which any
   9-23  previous approval of such <a> policy form may be withdrawn.  Any
   9-24  such rule or regulation shall be promulgated in accordance with
   9-25  Section 10, Chapter 397, Acts of the 54th Legislature, 1955
   10-1  (Article 3.70-10, Vernon's Texas Insurance Code).  Nothing in this
   10-2  section shall be construed as granting the commissioner <State
   10-3  Board of Insurance> any power or authority to determine, fix,
   10-4  prescribe, or promulgate the rates to be charged for any individual
   10-5  accident and sickness insurance policy or policies.
   10-6        (l)  If a form subject to Subsection (k) of this Article has
   10-7  been on file with the department for at least 360 days and has been
   10-8  previously affirmatively approved by the commissioner, considered
   10-9  approved under the operation of this Article, or exempted from the
  10-10  approval requirements as provided by this Article, the commissioner
  10-11  may withdraw the previous approval or the exemption from the
  10-12  approval requirements only if the form violates or does not comply
  10-13  with specific requirements under this Code or a rule adopted under
  10-14  this Code unless the commissioner finds proof of gross
  10-15  misrepresentation or fraud to the policyholder.
  10-16        (m) <(2)>  The commissioner <Board> shall require the filing
  10-17  of all rates to be charged for individual accident and sickness
  10-18  policies and may adopt necessary forms to be filed by insurers in
  10-19  conjunction with the annual statement required under Articles 3.07
  10-20  and 3.20-1 <3.20> of this code for reporting the experience on all
  10-21  individual accident and sickness insurance policy forms issued by
  10-22  the insurer so as to determine compliance with Subsection (l) <(1)>
  10-23  of this Article <section>.
  10-24        (n) <(h)>  Appeals from any order of the commissioner <State
  10-25  Board of Insurance> issued under this Article may be taken into the
   11-1  District Court of Travis County, Texas, in accordance with Article
   11-2  1.04 <21.80> of this code, or any amendment thereof.
   11-3        (o) <(i)>  No policy, contract, or certificate filed pursuant
   11-4  to this article that contains a coordination of benefits provision
   11-5  may be approved for use in this state unless it also provides the
   11-6  order of benefit determination for insured dependent children.  An
   11-7  order of benefits determination provision may not be approved
   11-8  unless it complies with the standards specified in Subsection (i)
   11-9  <Section (f)> of this article.  The commissioner <State Board of
  11-10  Insurance> is authorized to promulgate and may order such provision
  11-11  as is necessary in the accomplishment of the purpose of this
  11-12  subsection <section>.
  11-13        (p) <(j)>  The commissioner <State Board of Insurance> is
  11-14  hereby authorized to adopt such reasonable rules and regulations as
  11-15  are necessary to implement and accomplish the specific provisions
  11-16  of this Article and are within the standards and purposes of this
  11-17  Article.  The commissioner shall adopt rules under this Article in
  11-18  compliance with Chapter 2001, Government Code.  A rule adopted
  11-19  under this Article may not be repealed or amended until the first
  11-20  anniversary of the adoption of the rule unless the commissioner
  11-21  finds in a public hearing after notice that there is a compelling
  11-22  public need for the amendment or repeal of the rule or part of the
  11-23  rule.
  11-24        <(k)  The department shall develop and implement rules to
  11-25  improve procedures for approval of policy forms under this
   12-1  article.>
   12-2        SECTION 3.  This Act takes effect September 1, 1995, and
   12-3  applies only to an insurance policy, contract, or form that is
   12-4  delivered, issued for delivery, or renewed on or after January 1,
   12-5  1996.  A policy, contract, or form that is delivered, issued for
   12-6  delivery, or renewed before January 1, 1996, is governed by the law
   12-7  as it existed immediately before the effective date of this Act,
   12-8  and that law is continued in effect for that purpose.
   12-9        SECTION 3.  The importance of this legislation and the
  12-10  crowded condition of the calendars in both houses create an
  12-11  emergency and an imperative public necessity that the
  12-12  constitutional rule requiring bills to be read on three several
  12-13  days in each house be suspended, and this rule is hereby suspended.