1-1        By:  Wentworth                                  S.B. No. 1365
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 21, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 11, Nays 1; April 21, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                            By:  Wentworth
    1-7  Amend S.B. No. 1365 in SECTION 2 (Introduced version, page 3, line
    1-8  19; committee printing page 2, line 27) after "non-profit" by
    1-9  striking "nonmembership".
   1-10  COMMITTEE AMENDMENT NO. 2                            By:  Wentworth
   1-11  Amend S.B. No. 1365 on page 3 between lines 15 and 16 insert the
   1-12  following:
   1-13        SECTION 2.  Subsection (a), Section 23.01, Insurance Code, is
   1-14  amended to read as follows:
   1-15        (a)  On application of any <Any> seven or more persons <on
   1-16  application> to the secretary of state for a corporate charger
   1-17  under the Texas Non-Profit Corporation Act a <as a nonmembership>
   1-18  corporation may be incorporated for the sole purpose of
   1-19  establishing, maintaining, and operating non-profit legal service
   1-20  plans, whereby legal services may be provided by such corporation
   1-21  through contracting attorneys as is hereinafter provided.
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to prepaid legal services contracts.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Article 5.13-1, Insurance Code, is amended by
   1-27  amending Subsections (a), (b), and (f) and by adding Subsection (g)
   1-28  to read as follows:
   1-29        (a)  Every insurer governed by Subchapter B of Chapter 5 of
   1-30  the Insurance Code, as amended, and every life, health, and
   1-31  accident insurer governed by Chapter 3 of the Insurance Code, as
   1-32  amended, is authorized to issue prepaid legal services contracts.
   1-33  Every such insurer or rating organization authorized under Article
   1-34  5.16 of the Insurance Code shall file with the State Board of
   1-35  Insurance all rules and forms applicable to prepaid legal service
   1-36  contracts in a manner to be established by the State Board of
   1-37  Insurance.  <All rates, rating plans, and charges shall be
   1-38  established in accordance with actuarial principles for various
   1-39  categories of insureds.  Rates, rating plans, and charges shall not
   1-40  be excessive, inadequate, unfairly discriminatory, and the benefits
   1-41  shall be reasonable with respect to the rates charged.>
   1-42  Certification, by a qualified actuary, to the appropriateness of
   1-43  the charges, rates, or rating plans, based upon reasonable
   1-44  assumptions, shall  accompany the filing along with adequate
   1-45  supporting information.
   1-46        (b)  The State Board of Insurance shall, within a reasonable
   1-47  period, approve any form if the requirements of this section are
   1-48  met.  It shall be unlawful to issue such forms until approved or to
   1-49  use such schedules of charges, rates, or rating plans until filed
   1-50  <and approved>.  If the State Board of Insurance has good cause to
   1-51  believe such rates and rating plans do not comply with the
   1-52  standards of this article, it shall give notice in writing to every
   1-53  insurer or rating organization which filed such rates or rating
   1-54  plans, stating therein in what manner and to what extent such
   1-55  noncompliance is alleged to exist and specifying therein a
   1-56  reasonable time, not less than 30 days thereafter, in which such
   1-57  noncompliance may be corrected.  If the board has not acted on any
   1-58  form, rate, rating plan, or charges within 30 days after the filing
   1-59  of same, they shall be deemed approved.  The board may require the
   1-60  submission of whatever relevant information is deemed necessary in
   1-61  determining whether to approve or disapprove a filing made pursuant
   1-62  to this section.
   1-63        (f)  To provide for the actuarial soundness of a prepaid
   1-64  legal services contract issued under this article, the State Board
   1-65  of Insurance may require that prepaid legal services contracts have
   1-66  rates that are adequate to reasonably provide the benefits under
   1-67  the prepaid legal services contracts.  This subsection does not
   1-68  apply to a prepaid legal services contract that provides  only
    2-1  consultation and advice on simple legal matters, either alone or in
    2-2  combination with a referral service, and that provides fee
    2-3  discounts for other matters.
    2-4        (g)  The State Board of Insurance may not determine, fix,
    2-5  prescribe, set, or promulgate maximum rates or maximum amounts of
    2-6  premium to be charged  for a prepaid legal services contract issued
    2-7  under this chapter.  Nothing in this Act shall be construed as
    2-8  compelling the State Board of Insurance to establish standard or
    2-9  absolute rates and the board is specifically authorized, in its
   2-10  discretion, to approve different rates for different insurers for
   2-11  the same risk or risks on the types of insurance covered by this
   2-12  article.  The board shall<; nor shall this  article be construed as
   2-13  to require the State Board of Insurance to establish a single or
   2-14  uniform rate for each risk or risks or to compel all insurers to
   2-15  adhere to such rates previously filed by other insurers; and the
   2-16  board is empowered to approve such different rates for different
   2-17  insurers, and is required to> approve such rates as filed by any
   2-18  insurer unless it finds that such filing does not meet the
   2-19  requirements of this article.
   2-20        SECTION 2.  Articles 23.10, 23.14, and 23.15, Insurance Code,
   2-21  are amended to read as follows:
   2-22        Art. 23.10.  CORPORATIONS NON-PROFIT; FUNDS; INVESTMENTS.
   2-23  The corporations complying with the requirements of this  chapter
   2-24  shall be governed and conducted as non-profit nonmembership
   2-25  organizations for the purpose of contracting for and obtaining
   2-26  legal services for their participants through contracting
   2-27  attorneys, in consideration of the payment by the participants of a
   2-28  definite sum to fund the payment of attorneys fees for the legal
   2-29  services to be furnished by the contracting attorneys.  Provided
   2-30  further, that each such corporation shall have two funds, namely:
   2-31  the claim fund and the expense fund.  The claim fund shall be
   2-32  composed of at least  70 <80> percent of the regular payments by
   2-33  participants, and the application fees.  The percentage amounts
   2-34  above stated may be modified by the State Board of Insurance upon
   2-35  showing that such is in the best interest of the then existing
   2-36  persons receiving legal services under contract or that such is
   2-37  necessary for the development of the corporation during its first
   2-38  year of existence.  The application fees shall be paid by
   2-39  applicants prior to issuance of a benefit certificate, and shall
   2-40  not apply as a part of the cost of receiving benefits under the
   2-41  benefit certificate issued.  Claim fund investments may include,
   2-42  besides lawful money and demand deposits, only certificates of
   2-43  deposits, share accounts, and time deposits in public banks and
   2-44  savings and loan institutions whose deposits are insured by a
   2-45  federal governmental agency, and obligations of a state or the
   2-46  federal government; and the expense fund investments may include
   2-47  only such as are legal investments for the capital, surplus, and
   2-48  contingency funds of capital stock life insurance companies.  The
   2-49  net income from the investments shall  accrue to the funds,
   2-50  respectively, from which the investments were made.  The claim fund
   2-51  shall be disbursed only for the payment of valid claims, taxes on
   2-52  income of such fund, security transfer costs, <and> refunds of fees
   2-53  paid into such fund,<; and to the extent approved by the State
   2-54  Board of Insurance,> cost of settling contested claims, expenses
   2-55  directly incurred on or for preservation of investments of the
   2-56  claim fund, and contracts authorized under Article 23.19 of this
   2-57  code.
   2-58        Art. 23.14.  SUPERVISION.  (a)  Every corporation complying
   2-59  with the requirements of this chapter shall, before accepting
   2-60  applications  for participation in said non-profit legal service
   2-61  plan, have sufficient money in its expense fund to cover initial
   2-62  operations and shall submit to the State Board of Insurance a plan
   2-63  of operation together with a rate schedule of its charges to
   2-64  participants and a schedule and projections of costs of legal
   2-65  services to be contracted for on behalf of the participants; which
   2-66  plan<, rate schedule,> and the sufficiency of expense fund shall
   2-67  first be approved by the State Board of Insurance  as adequate,
   2-68  fair, and reasonable <and not excessive> before such corporation
   2-69  shall engage in business.  The  State Board of Insurance shall have
   2-70  continuing control over the plan of operation of such corporation
    3-1  <and its rate schedule of charges to participants>.  No change in
    3-2  such plan <or rate schedule> shall be effectuated without its first
    3-3  being filed and approved by the State Board of Insurance.
    3-4        (b)  The State Board of Insurance may not determine, fix,
    3-5  prescribe, set, or promulgate maximum rates or maximum amounts of
    3-6  premium to be charged for a non-profit legal services plan under
    3-7  this chapter.
    3-8        Art. 23.15.  DUTIES OF CONTRACTING ATTORNEYS; ADEQUATE
    3-9  FINANCIAL STANDING <APPROVAL OF RATES>.  <The State Board of
   3-10  Insurance shall likewise approve the ratio of benefits to be paid
   3-11  to anticipated  revenues from the rate schedule proposed to be used
   3-12  if such be found to be actuarially sound.  No prepaid legal
   3-13  services contract or benefit certificate thereunder shall be issued
   3-14  by corporations complying with this chapter without such finding.>
   3-15  The contracting attorneys shall guarantee to the participants the
   3-16  services stated under the benefit certificates and shall agree to
   3-17  perform such services which they agree to render to the
   3-18  participants under the benefit certificates without there being any
   3-19  liability for  the cost thereof to  the participants beyond the
   3-20  funds of such corporation held for their benefit in accordance with
   3-21  the plan of operation of the corporation.  Such corporations may
   3-22  issue prepaid legal service contracts without such guarantees and
   3-23  providing for indemnity for costs of attorney services where the
   3-24  attorney is not  a contracting attorney under such rules and
   3-25  regulations as may be approved by the State Board of Insurance
   3-26  provided that the State Board of Insurance be satisfied that the
   3-27  plan of operation, financial standing and experience of the
   3-28  corporation (including but not limited to a proper amount of free
   3-29  surplus) is adequate to assure the performance of such contracts.
   3-30        SECTION 3.  This Act takes effect September 1, 1995, and
   3-31  applies only to a prepaid legal services contract or a contract or
   3-32  benefit certificate under a nonprofit legal services plan that is
   3-33  delivered, issued for delivery, or renewed on or after January 1,
   3-34  1996.  A contract or benefit certificate that is delivered, issued
   3-35  for delivery, or renewed before January 1, 1996, is governed by the
   3-36  law as it existed immediately before the effective date of this
   3-37  Act, and that law is continued in effect for that purpose.
   3-38        SECTION 4.  The importance of this legislation and the
   3-39  crowded condition of the calendars in both houses create an
   3-40  emergency and an imperative public necessity that the
   3-41  constitutional rule requiring bills to be read on three several
   3-42  days in each house be suspended, and this rule is hereby suspended.
   3-43                               * * * * *