By:  Ellis                                            S.B. No. 1558
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the providing of fire and extended coverage insurance
    1-2  in areas with inadequate fire and extended coverage insurance.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 1, 3, 5, 6, 6A, 8, 8A, and 8B, Article
    1-5  21.49, Insurance Code, are amended to read as follows:
    1-6        Sec. 1.  Declaration and Purpose.  It is hereby declared by
    1-7  the Legislature that an adequate market for windstorm and<,> hail
    1-8  insurance and fire and extended coverage insurance is necessary to
    1-9  the economic welfare of the State of Texas and that without such
   1-10  insurance the orderly growth and development of the State of Texas
   1-11  would be severely impeded.  It is therefore the purpose of this Act
   1-12  to provide a method whereby adequate windstorm and<,> hail
   1-13  insurance and fire and extended coverage insurance may be obtained
   1-14  in certain designated portions of the State of Texas.
   1-15        Sec. 3.  Definitions.  In this Act, unless the context
   1-16  clearly dictates to the contrary:
   1-17        (c)  "Plan of Operation" means the plan for providing Texas
   1-18  windstorm and hail insurance in a catastrophe area and Texas fire
   1-19  and extended coverage <explosion> insurance in an inadequate fire
   1-20  insurance and extended coverage insurance area which plan has been
   1-21  adopted by the Board for operation by the Association pursuant to
   1-22  the provisions of this Act, which plan may, among other things,
   1-23  provide for limits of liability for each structure insured, and/or
    2-1  the corporeal movable property located therein.
    2-2        (e)  "Texas Fire and Extended Coverage <Explosion> Insurance"
    2-3  means insurance against direct loss to insurable property as a
    2-4  result of fire, lightning, windstorm, hail, <and> explosion, riot,
    2-5  civil commotion, smoke, aircraft, and land vehicles, as such terms
    2-6  shall be defined and limited in policies and forms approved by the
    2-7  State Board of Insurance.
    2-8        (f)  "Insurable Property" means immovable property at fixed
    2-9  locations in a catastrophe area or in an inadequate fire and
   2-10  extended coverage insurance area or corporeal movable property
   2-11  located therein (as may be designated in the plan of operation)
   2-12  which property is determined by the Association, pursuant to the
   2-13  criteria specified in the plan of operation to be in an insurable
   2-14  condition against windstorm, hail and/or fire and extended coverage
   2-15  <explosion> as appropriate, as determined by normal underwriting
   2-16  standards; provided, however, that insofar as windstorm and hail
   2-17  insurance is concerned, any structure located within a catastrophe
   2-18  area, commenced on or after the 30th day following the publication
   2-19  of the plan of operation, not built or continuing in compliance
   2-20  with building specifications set forth in the plan of operation
   2-21  shall not be an insurable risk under this Act except as otherwise
   2-22  provided under this Act. A structure, or an addition thereto, which
   2-23  is constructed in conformity with plans and specifications that
   2-24  comply with the specifications set forth in the plan of operation
   2-25  at the time construction commences shall not be declared ineligible
    3-1  for windstorm and hail insurance as a result of subsequent changes
    3-2  in the building specifications set forth in the plan of operation.
    3-3  When repair of damage to a structure involves replacement of items
    3-4  covered in the building specifications as set forth in the plan of
    3-5  operation, such repairs must be completed in a manner to comply
    3-6  with such specifications for the structure to continue within the
    3-7  definition of Insurable Property for windstorm and hail insurance.
    3-8  Nothing in this Act shall preclude special rating of individual
    3-9  risks as may be provided in the plan of operation. For purposes of
   3-10  this Act, all structures which are located within those areas
   3-11  designated as units under the federal Coastal Barrier Resources Act
   3-12  (Public Law 97-348) and for which construction has commenced on or
   3-13  after July 1, 1991 shall not be considered insurable property.
   3-14        (i)  "Inadequate Fire and Extended Coverage Insurance Area"
   3-15  means a geographic area <city or county which is, or is within an
   3-16  area, designated as a catastrophe area, as defined in Paragraph
   3-17  (h), above, and in> which it may be determined by the Board, after
   3-18  notice of not less than 10 days and a hearing, that fire and
   3-19  extended coverage <explosion> insurance is not reasonably available
   3-20  to a substantial number of owners of insurable property within such
   3-21  geographic area <city or county>.  Such designation shall be
   3-22  revoked by the Board if it determines, after 10 days' notice and a
   3-23  hearing, that fire and extended coverage <explosion> insurance in
   3-24  such inadequate fire and extended coverage insurance area is no
   3-25  longer reasonably unavailable to a substantial number of owners of
    4-1  insurable property within such designated geographic area <city or
    4-2  county>.  If the Association shall determine that fire and extended
    4-3  coverage <explosion> insurance is no longer reasonably unavailable
    4-4  to a substantial number of owners of insurable property in any
    4-5  designated inadequate fire and extended coverage insurance area or
    4-6  areas, then the Association may request in writing that the Board
    4-7  revoke the designation of any or all such inadequate fire and
    4-8  extended coverage insurance areas, and, after notice of not less
    4-9  than 10 days and a hearing, but within 30 days of such hearing, the
   4-10  Board shall either approve or reject the Association's request and
   4-11  shall, if such request is approved, revoke such designation or
   4-12  designations.
   4-13        Sec. 5.  Operation of the Texas Catastrophe Property
   4-14  Insurance Association; Association Board of Directors.  (a)  The
   4-15  Association shall, pursuant to the provisions of this Act and the
   4-16  plan of operation, and with respect to insurance on insurable
   4-17  property, have the power on behalf of its members to cause to be
   4-18  issued policies of insurance to applicants, to assume reinsurance
   4-19  from its members, and to cede reinsurance to its members and to
   4-20  purchase reinsurance on behalf of its members.
   4-21        (b)   All members of the Association shall participate in its
   4-22  writings, expenses, profits and losses in the proportion that the
   4-23  net direct premiums of such member written in this State during the
   4-24  preceding calendar year bears to the aggregate net direct premiums
   4-25  written in this State by all members of the Association, as
    5-1  furnished to the Association by the Board after review of annual
    5-2  statements, other reports and other statistics the Board shall deem
    5-3  necessary to provide the information herein required and which the
    5-4  Board is hereby authorized and empowered to obtain from any member
    5-5  of the Association, provided, however, that a member shall, in
    5-6  accordance with the plan of operation, be entitled to receive
    5-7  credit for similar insurance voluntarily written in the area
    5-8  designated by the Board and its participation in the writings in
    5-9  the Association shall be reduced in accordance with the provisions
   5-10  of the plan of operation.  Each member's participation in the
   5-11  Association shall be determined annually in the manner provided in
   5-12  the plan of operation.  For purposes of determining participation
   5-13  in the Association, two or more members having a common ownership
   5-14  or operating in this State under common management or control shall
   5-15  be treated as if they constituted a single member and also shall
   5-16  include the net direct premiums, as defined by this article, of any
   5-17  affiliated insurance company that is under such common management
   5-18  or control including affiliated insurance companies that are not
   5-19  authorized to transact property insurance in this State.  Any
   5-20  insurer authorized to write and engaged in writing any insurance,
   5-21  the writing of which required such insurer to be a member of the
   5-22  Association, who becomes authorized to engage in writing such
   5-23  insurance shall become a member of the Association on the 1st day
   5-24  of January immediately following such authorization and the
   5-25  determination of such insurer's participation in the Association
    6-1  shall be made as of the date of such membership in the same manner
    6-2  as for all other members of the Association.
    6-3        (c)  The plan of operation of the Association shall provide
    6-4  for efficient, economical, fair, and nondiscriminatory
    6-5  administration of the Association.  The Board by rule shall adopt
    6-6  the plan of operation with the advice of the board of directors of
    6-7  the Association.  The Association may present recommended changes
    6-8  in the plan of operation to the Board at periodic hearings
    6-9  conducted by the Board for that purpose, or at hearings relating to
   6-10  property and casualty insurance rates.  The Association must
   6-11  present a proposed change to the Board in writing in the manner
   6-12  prescribed by the Board.  A change proposed by the Association does
   6-13  not take effect unless adopted by the Board by rule.
   6-14        (d)  The plan of operation must include:
   6-15              (1)  a plan for the equitable assessment of the members
   6-16  of the Association to defray losses and expenses;
   6-17              (2)  underwriting standards;
   6-18              (3)  procedures for the acceptance and cession of
   6-19  reinsurance;
   6-20              (4)  procedures for determining the amount of insurance
   6-21  to be provided to specific risks;
   6-22              (5)  time limits and procedures for processing
   6-23  applications for insurance; and
   6-24              (6)  other provisions as deemed necessary by the Board
   6-25  to carry out the purposes of this Act.
    7-1        (e)  The Board may develop programs to improve the efficient
    7-2  operation of the Association, including a program designed to
    7-3  create incentives for insurers to write windstorm and hail
    7-4  insurance voluntarily to cover property located in a catastrophe
    7-5  area, especially property located on the barrier islands, and to
    7-6  create incentives for insurers to write fire and extended coverage
    7-7  insurance voluntarily to cover property located in an inadequate
    7-8  fire and extended coverage insurance area.
    7-9        (f)  Any interested person may petition the Board to modify
   7-10  the plan of operation in accordance with the Administrative
   7-11  Procedure <and Texas Register> Act (Chapter 2001, Government Code
   7-12  <Article 6252-13a, Vernon's Texas Civil Statutes>).
   7-13        (g)  The board of directors of the Association is responsible
   7-14  and accountable to the Board.  The board of directors is composed
   7-15  of twelve <nine> members as follows:
   7-16              (1)  six <five> representatives of different insurers
   7-17  who are members of the Association who shall be elected by members
   7-18  as provided in the plan of operation;
   7-19              (2)  two representatives of the general public,
   7-20  nominated by the office of public insurance counsel, who, as of the
   7-21  date of the appointment, reside in a catastrophe area and who are
   7-22  policyholders, as of the date of the appointment, of the
   7-23  Association; <and>
   7-24              (3)  one representative of the general public,
   7-25  nominated by the office of public insurance counsel, who, as of the
    8-1  date of the appointment, resides in an inadequate fire and extended
    8-2  coverage insurance area and who is a policyholder, as of the date
    8-3  of the appointment, of the Association;
    8-4              (4) <(3)>  two local recording agents licensed under
    8-5  this Code with demonstrated experience in the Association, and
    8-6  whose principal offices, as of the date of the appointment, are
    8-7  located in a catastrophe area;<.> and
    8-8              (5)  one local recording agent licensed under this Code
    8-9  with demonstrated experience in writing fire and extended coverage
   8-10  insurance, and whose principal office, as of the date of the
   8-11  appointment, is located in an inadequate fire and extended coverage
   8-12  insurance area.
   8-13        (h)  Members of the board of directors of the Association
   8-14  serve three-year staggered terms, with the terms of three members
   8-15  expiring on the third Tuesday of March of each year.  A person may
   8-16  hold a seat on the board of directors for not more than three
   8-17  consecutive full terms, not to exceed nine years.
   8-18        (i)  The persons appointed as provided by Subsections (g)(2),
   8-19  <and> (g)(3), (g)(4), and (g)(5) of this section must be from
   8-20  different counties.
   8-21        (j)  The board of directors of the Association shall elect an
   8-22  executive committee consisting of a chairman, vice-chairman, and
   8-23  secretary-treasurer from its membership.  At least one of those
   8-24  officers must be a member appointed under Subsection (g)(2) or
   8-25  Subsection (g)(4)<(3)> of this section.
    9-1        (k)  Except for an emergency meeting of the Association or
    9-2  the board of directors of the Association, the Association shall
    9-3  notify the Board not later than the 11th day before the date of
    9-4  each meeting of the board of directors of the Association or a
    9-5  meeting of the members of the Association.  Except for closed or
    9-6  executive sessions authorized by Section 2, Chapter 271, Acts of
    9-7  the 60th Legislature, Regular Session, 1967 (Article 6252-17,
    9-8  Vernon's Texas Civil Statutes), meetings of the board of directors
    9-9  of the Association and members of the Association shall be open to
   9-10  any member of the Board or the member's designated representative
   9-11  and to members of the public.  Notice of meetings of the
   9-12  Association or board of directors of the Association shall be given
   9-13  as provided by Chapter 271, Acts of the 60th Legislature, Regular
   9-14  Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes).
   9-15        (l)  If an occurrence or series of occurrences within the
   9-16  defined catastrophe area results in insured losses that result in
   9-17  tax credits under Section 19(4) of this article in a single
   9-18  calendar year, the Association shall immediately notify the Board
   9-19  of that fact.  The Board on receiving notice shall immediately
   9-20  notify the Governor and appropriate committees of each house of the
   9-21  Legislature of the amount of insured losses eligible for tax
   9-22  credits under Section 19(4) of this article.
   9-23        Sec. 6.  Eligibility:  Application.  (a)  Any person having
   9-24  an insurable interest in insurable property located in an area
   9-25  designated by the Board shall be entitled to apply to the
   10-1  Association for insurance provided for under the plan of operation
   10-2  and for an inspection of the property under such rules and
   10-3  regulations, including an inspection fee, if any, as determined by
   10-4  the Board of Directors of the Association and approved by the State
   10-5  Board of Insurance.  The term "insurable interest" as used in this
   10-6  subsection shall be deemed to include any lawful and substantial
   10-7  economic interest in the safety or preservation of property from
   10-8  loss, destruction or pecuniary damage.  Application shall be made
   10-9  on behalf of the applicant by a Local Recording Agent and shall be
  10-10  submitted on forms prescribed by the Association.  The application
  10-11  shall contain a statement as to whether or not the applicant has or
  10-12  will submit the premium in full from personal funds, or if not, to
  10-13  whom a balance is or will be due.
  10-14        (b)  Insurable property located in an inadequate fire and
  10-15  extended coverage insurance area that is also located in a
  10-16  catastrophe area may not be insured for the peril of windstorm and
  10-17  hail under a Texas fire and extended coverage insurance policy
  10-18  issued by the Association.  Such insurable property shall be
  10-19  insured by the Association for the peril of windstorm and hail
  10-20  under a Texas windstorm and hail insurance policy.
  10-21        (c) <(b)>  If the Association determines that the property is
  10-22  insurable, the Association, upon payment of the premium, shall
  10-23  cause to be issued a policy of insurance as may be provided in the
  10-24  plan for a term of one year.  In the event an agent or some other
  10-25  person, firm, or corporation shall finance the payment of all or a
   11-1  portion of the premium and there is a balance due for the financing
   11-2  of such premium and such balance, or any installment thereof, is
   11-3  not paid within 10 days after the due date, the agent or other
   11-4  person, firm, or corporation to whom such balance is due may
   11-5  request cancellation of the insurance by returning the policy, with
   11-6  proof that the insured was notified of such return, or by
   11-7  requesting the Association to cancel such insurance by notice
   11-8  mailed to the insured and any others shown in the policy as having
   11-9  an insurable interest in the property.  Upon completion of
  11-10  cancellation, the Association shall refund the unearned premium,
  11-11  less any minimum retained premium set forth in the plan of
  11-12  operation, to the person, firm, or corporation to whom the unpaid
  11-13  balance is due.  In the event an insured requests cancellation of
  11-14  insurance, the Association shall make refund of such unearned
  11-15  premium payable to the insured and the holder of an unpaid balance.
  11-16  The Local Recording Agent, who submitted the application, shall
  11-17  refund the commission on any unearned premium in the same manner.
  11-18        (d) <(c)>  Any policy issued pursuant to the provisions of
  11-19  this Act may be renewed annually, upon application therefor, so
  11-20  long as the property continues to meet the definition of "insurable
  11-21  property" set forth in Section 3 of this Act.
  11-22        Sec. 6A.  INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE IN A
  11-23  CATASTROPHE AREA.  (a)  This section applies only to inspections
  11-24  for windstorm and hail insurance in a catastrophe area.
  11-25        (b) <(a)>  Except as otherwise provided by this Subsection,
   12-1  all structures that are constructed or repaired or to which
   12-2  additions are made on or after January 1, 1988, to be considered
   12-3  insurable property for windstorm and hail insurance from the
   12-4  Association, must be inspected or approved by the Board for
   12-5  compliance with the building specifications in the plan of
   12-6  operation.  Roofing materials satisfy the building specifications
   12-7  in the plan of operation if those materials pass the UL Standard
   12-8  997 or a comparable test certified by the Board and are installed
   12-9  as required by the Board to promote the wind resistance of the
  12-10  materials.  A structure constructed, repaired, or to which
  12-11  additions were made before January 1, 1988, that is located in an
  12-12  area covered at the time by a building code recognized by the
  12-13  Association shall be considered an insurable property for windstorm
  12-14  and hail insurance from the Association without compliance with the
  12-15  inspection or approval requirements of this Section or the plan of
  12-16  operation.  A structure constructed, repaired, or to which
  12-17  additions were made before January 1, 1988, that is located in an
  12-18  area not covered by a building code recognized by the Association
  12-19  shall be considered an insurable property for windstorm and hail
  12-20  insurance from the Association without compliance with the
  12-21  inspection or approval requirements of this Section or the plan of
  12-22  operation if that structure has been previously insured by a
  12-23  licensed insurance company authorized to do business in this State
  12-24  and the risk is in essentially the same condition as when
  12-25  previously insured, except for normal wear and tear, and without
   13-1  any structural change other than a change made according to code.
   13-2  Evidence of previous insurance includes a copy of a previous
   13-3  policy, copies of cancelled checks or agent's records that show
   13-4  payments for previous policies, and a copy of the title to the
   13-5  structure or mortgage company records that show previous policies.
   13-6  The Board may appoint or employ qualified inspectors as defined in
   13-7  this Section to perform any inspections required by this Section.
   13-8        (c) <(b)>  The Board shall issue for each structure that
   13-9  qualifies a certificate of compliance that is evidence of
  13-10  insurability of the structure by the Association.
  13-11        (d) <(c)>  The Board may charge a reasonable inspection fee
  13-12  for each inspection in an amount that does not exceed 50 percent of
  13-13  the actual cost of the inspection exclusive of training and general
  13-14  administrative costs.  The fee shall be paid before a certificate
  13-15  of compliance may be issued.
  13-16        (e) <(d)>  A "qualified inspector" includes a person
  13-17  determined by the Board to be qualified to perform building
  13-18  inspections because of training or experience.  A qualified
  13-19  inspector must be approved and appointed or employed by the Board
  13-20  to perform building inspections.  The Board may charge a reasonable
  13-21  fee not to exceed $200 for the filing of applications and
  13-22  determining the qualifications of persons for appointment as
  13-23  qualified inspectors.
  13-24        (f) <(e)>  The Board shall promulgate rules and forms to
  13-25  effect the provisions of this Section under the Administrative
   14-1  Procedure <and Texas Register> Act (Chapter 2001, Government Code
   14-2  <Article 6252-13a, Vernon's Texas Civil Statutes>).  In
   14-3  promulgating those rules, the Board should consider the following:
   14-4              (1)  insuring that inspections conducted by the Board
   14-5  are done within 48 hours of the time an inspection request is made;
   14-6              (2)  providing periodic inspections to allow building
   14-7  to proceed without stopping to await inspections;
   14-8              (3)  allowing inspections to be coordinated, when
   14-9  possible, with inspections by other governmental subdivisions;
  14-10              (4)  allowing continued construction if an inspection
  14-11  is not made in a timely manner with minimum disturbance of a
  14-12  structure for subsequent inspections;
  14-13              (5)  providing inspection standards including:
  14-14                    (A)  the number of inspections; and
  14-15                    (B)  the items to be inspected for compliance
  14-16  with the building specifications set forth in the plan of
  14-17  operation; and
  14-18              (6)  furthering knowledge and understanding of the
  14-19  building specifications through education programs for builders,
  14-20  contractors, and other appropriate persons.
  14-21        (g) <(f)>  The Board shall appoint an advisory committee to
  14-22  advise and make recommendations to the Board on building
  14-23  specifications in the plan of operation.  The advisory committee
  14-24  should be composed of at least one representative of the
  14-25  Association, a representative of the residential building industry
   15-1  in the catastrophe area, a representative of municipal building
   15-2  officials in the catastrophe area, a registered professional
   15-3  engineer who is a resident of the catastrophe area with knowledge
   15-4  of building codes, a representative of the Board, a county
   15-5  commissioner or county judge, and other persons as may be deemed
   15-6  appropriate by the Board.  Before the adoption of a change in the
   15-7  building specifications in the plan of operation, the Board shall
   15-8  give the members of the advisory committee notice required by the
   15-9  <Section 5,> Administrative Procedure <and Texas Register> Act
  15-10  (Chapter 2001, Government Code <Article 6251-13a, Vernon's Texas
  15-11  Civil Statutes>).
  15-12        (h) <(g)>  The Board may make agreements and contracts as
  15-13  necessary to effect the provisions of this Section.
  15-14        (i) <(h)>  The Board may charge a reasonable fee to cover the
  15-15  cost of making building specifications and inspection standards
  15-16  available to the public.
  15-17        (j) <(i)>  All fees collected by the Board under this Section
  15-18  shall be deposited in the State Treasury to the credit of the State
  15-19  Board of Insurance operating fund.
  15-20        (k) <(j)>  After notice and hearing, the Board may cancel or
  15-21  revoke an appointment or authorization made, issued, or existing
  15-22  under this Section if the holder or possessor of the appointment or
  15-23  authorization is found to be in violation of, or to have failed to
  15-24  comply with, specific provisions of this Section or any rule or
  15-25  regulation of the Board made under this Section.  In lieu of
   16-1  cancellation or revocation, the Board may order one or more of the
   16-2  following sanctions, if it determines from the facts that it would
   16-3  be fair, reasonable, or equitable:
   16-4              (1)  suspending the authorization or appointment for a
   16-5  specific period, not to exceed one year;
   16-6              (2)  an order directing the holder or possessor of the
   16-7  authorization or appointment to cease and desist from the specified
   16-8  activity determined to be in violation of specific provisions of
   16-9  this Section or rules and regulations of the Board made pursuant to
  16-10  this Section or from failing to comply with those provisions of
  16-11  this Section or the rules and regulations promulgated under this
  16-12  Section; or
  16-13              (3)  if the person authorized or appointed is found by
  16-14  the Board to have knowingly, wilfully, fraudulently, or with gross
  16-15  negligence signed or caused to be prepared an inspection report
  16-16  that contains a false, fictitious, or fraudulent statement or
  16-17  entry, directing the holder or possessor of the authorization or
  16-18  appointment to remit within a specified time, not to exceed 60
  16-19  days, a specified monetary forfeiture not to exceed $5,000 for the
  16-20  violation or failure to comply.
  16-21        (l) <(k)>  A monetary forfeiture paid as a result of an order
  16-22  issued under Subsection (k)<(j)>(3) of this Section shall be
  16-23  deposited to the credit of the general revenue fund.  If it is
  16-24  found after hearing that any holder or possessor has failed to
  16-25  comply with an order issued under Subsection (k)<(j)> of this
   17-1  Section, the Board shall, unless its order is lawfully stayed,
   17-2  cancel the authorization or appointment of the holder or possessor.
   17-3  The Board may informally dispose of any matter under Subsection
   17-4  (k)<(j)> of this Section by consent order or default.
   17-5        Sec. 8.  RATES, RATING PLANS, AND RATE RULES APPLICABLE TO
   17-6  WINDSTORM AND HAIL INSURANCE IN A CATASTROPHE AREA.  (a)  This
   17-7  Section 8 shall apply only to windstorm and hail insurance in a
   17-8  catastrophe area.  The Association shall file with the Board every
   17-9  manual of classifications, rules, rates which shall include
  17-10  condition charges, every rating plan, and every modification of any
  17-11  of the foregoing which it proposes to use.  Every such filing shall
  17-12  indicate the character and the extent of the coverage contemplated
  17-13  and shall be accompanied by the policies and endorsements forms
  17-14  proposed to be used, which said forms and endorsements may be
  17-15  designed specifically for use by the Association and without regard
  17-16  to other forms filed with, approved by, or promulgated by the Board
  17-17  for use in this State. The Association may not file changes that
  17-18  would result in a reduction of coverages or an increase in an
  17-19  applicable deductible.
  17-20        (b)  Repealed by Acts 1991, 72nd Leg., ch. 242, Sec.
  17-21  12.01(7), eff. Sept. 1, 1991.
  17-22        (c)  Any filing made by the Association pursuant hereto shall
  17-23  be submitted to the Board and as soon as reasonably possible after
  17-24  the filing has been made the Board shall, in writing, approve,
  17-25  modify, or disapprove the same; provided that any filing shall be
   18-1  determined approved unless modified or disapproved within 30 days
   18-2  after date of filing.
   18-3        (d)  If at any time the Board finds that a filing so approved
   18-4  no longer meets the requirements of this Act, it may, after a
   18-5  hearing held on not less than 20 days' notice to the Association
   18-6  specifying the matters to be considered at such hearing, issue an
   18-7  order withdrawing its approval thereof.  Said order shall specify
   18-8  in what respects the Board finds that such filing no longer meets
   18-9  the requirements of this Act and shall be effective not less than
  18-10  30 days after its issuance.
  18-11        (e)  All rates shall be made in accordance with the following
  18-12  provisions:
  18-13              (1)  Due consideration shall be given to the past and
  18-14  prospective loss experience within and outside the State of hazards
  18-15  for which insurance is made available through the plan of
  18-16  operation, if any, to expenses of operation including acquisition
  18-17  costs, to a reasonable margin for profit and contingencies, and to
  18-18  all other relevant factors, within and outside the State.
  18-19              (2)  Risks may be grouped by classifications for the
  18-20  establishment of rates and minimum premiums.  Classification rates
  18-21  may be modified to produce rates for individual risks in accordance
  18-22  with rating plans which establish standards for measuring
  18-23  variations in such risks on the basis of any or all of the factors
  18-24  mentioned in the preceding paragraph.  Such rates may include rules
  18-25  for classification of risks insured thereunder and rate
   19-1  modifications thereof.  All such provisions, however, as respects
   19-2  rates, classifications, standards and premiums shall be without
   19-3  prejudice to or prohibition of provision by the Association for
   19-4  consent rates on individual risks if the rate and risk are
   19-5  acceptable to the Association and as is similarly provided for, or
   19-6  as is provided for, in Article 5.26(a), Texas Insurance Code, and
   19-7  this provision or exception on consent rates is irrespective of
   19-8  whether or not any such risk would otherwise be subject to or the
   19-9  subject of a provision of rate classification or eligibility.
  19-10              (3)  Rates shall be reasonable, adequate, not unfairly
  19-11  discriminatory, and nonconfiscatory as to any class of insurer.
  19-12              (4)  Commissions paid to agents shall be reasonable,
  19-13  adequate, not unfairly discriminatory and nonconfiscatory.
  19-14        (f)  For the purpose of this Act the applicant under Section
  19-15  6(a) hereof shall be considered to have consented to the
  19-16  appropriate rates and classifications authorized by this Act
  19-17  irrespective of any and all other rates or classifications.
  19-18        (g)  All premiums written and losses paid under this Act as
  19-19  appropriate shall be included in applicable classifications for
  19-20  general rate making purposes.
  19-21        (h)  Each extended coverage benchmark rate, flexibility band,
  19-22  and promulgated rate established by the Board in accordance with
  19-23  Chapter 5, Insurance Code, must be uniform throughout the first
  19-24  tier of coastal counties.
  19-25        The rates for noncommercial windstorm and hail insurance
   20-1  written by the Association <association> before December 31, 1995,
   20-2  shall be 90 percent of the modified extended coverage rates.  For
   20-3  purposes of this section, the modified extended coverage rate is
   20-4  the greater of the upper flexibility band for extended coverage
   20-5  established by the Board <board> under Article 5.101 of this code
   20-6  or 25 percent above the extended coverage benchmark rate
   20-7  established by the Board <board> under that article.
   20-8        The rates for noncommercial windstorm and hail insurance
   20-9  written by the Association <association> after December 31, 1995,
  20-10  shall be 90 percent of the manual rate for monoline extended
  20-11  coverage promulgated by the Board for noncommercial risks under
  20-12  Subchapter C, Chapter 5, Insurance Code.  Notwithstanding Article
  20-13  5.13-2, Insurance Code, the Board shall promulgate a manual rate
  20-14  for commercial risks and classes of risks written by the
  20-15  Association in accordance with Subchapter C, Chapter 5, Insurance
  20-16  Code.  Article 5.13-2, Insurance Code, does not apply to the rates
  20-17  of insurance written by the Association.  The rates for commercial
  20-18  windstorm and hail insurance written by the Association shall be 90
  20-19  percent of the manual rates for extended coverage promulgated by
  20-20  the Board for commercial risks under Subchapter C, Chapter 5,
  20-21  Insurance Code.
  20-22        If valid flood or rising water insurance coverage exists and
  20-23  is maintained on any risk being insured in the pool the State Board
  20-24  of Insurance may provide for a rate and reduction in rate of
  20-25  premium as may be appropriate.
   21-1        The catastrophe element of extended coverage rates
   21-2  promulgated by the Board under this Act applicable to commercial
   21-3  risks written by the Association shall be uniform throughout the
   21-4  seacoast territory and shall be based on all monoline extended
   21-5  coverage loss experience of all regulated insurers authorized to do
   21-6  business in this state, including the Association, for property
   21-7  located in the seacoast territory, using the most recent 30 years'
   21-8  experience available.  Surcharges collected in the past and used in
   21-9  the development of current manual rates may not be excluded from
  21-10  future rate development as long as those surcharges were collected
  21-11  during the experience period used by the Board.
  21-12        The Association <association> shall either establish a
  21-13  reinsurance program or enter into a contract as provided in
  21-14  Subsection (i) of this section.  The Texas Department of Insurance
  21-15  may approve any reinsurance program.
  21-16        (i)  The association may enter into a written agreement with
  21-17  the Texas Department of Insurance under which the Association
  21-18  <association> members relinquish their net equity pursuant to the
  21-19  written agreement on an annual basis by making payments to a fund
  21-20  known as the catastrophe reserve trust fund to be held by the Texas
  21-21  Department of Insurance outside the state treasury to protect
  21-22  policyholders of the Association <association> and to reduce the
  21-23  potential for payments by members of the Association <association>
  21-24  giving rise to tax credits in the event of loss or losses.
  21-25        The catastrophe reserve trust fund shall be kept and
   22-1  maintained by the Texas Department of Insurance pursuant to the
   22-2  written agreement between the Association <association>, the Texas
   22-3  Department of Insurance, the state treasurer, and the comptroller.
   22-4  Legal title to money and investments in the fund is in the Texas
   22-5  Department of Insurance unless or until paid out as provided by the
   22-6  written agreement.  The state treasurer, as custodian, shall
   22-7  administer the funds strictly and solely as provided by the
   22-8  agreement and the state may not take any action with respect to the
   22-9  fund other than as specified by this act and the agreement.
  22-10        On the effective date of an agreement, all funds held on
  22-11  behalf of or paid to the Association <association> under one or
  22-12  more reinsurance plans or programs may be immediately paid to the
  22-13  catastrophe reserve trust fund.  Thereafter, at the end of either
  22-14  each calendar year or policy year, the Association <association>
  22-15  may pay the net equity of a member, including all premium and other
  22-16  revenue of the Association <association> in excess of incurred
  22-17  losses and operating expenses to the catastrophe reserve trust fund
  22-18  or a reinsurance program approved by the Commissioner of Insurance.
  22-19        The written agreement shall establish the procedure relating
  22-20  to the disbursement of funds from the catastrophe reserve trust
  22-21  fund to policyholders in the event of an occurrence or series of
  22-22  occurrences within the defined catastrophe area that results in
  22-23  insured losses and operating expenses of the Association
  22-24  <association> greater than $100 million.
  22-25        Sec. 8A.  REPLACEMENT COST COVERAGE FOR WINDSTORM AND HAIL
   23-1  INSURANCE IN A CATASTROPHE AREA.  (a)  This section shall apply
   23-2  only to windstorm and hail insurance coverage in a catastrophe
   23-3  area.
   23-4        (b) <(a)>  A policy of windstorm and hail insurance issued by
   23-5  the Association may include replacement cost coverage for one and
   23-6  two-family dwellings, as that term is defined in the Texas Personal
   23-7  Lines Manual <General Basis Schedule>, subject to any applicable
   23-8  deductibles and the limits for the coverage purchased by the
   23-9  insured.  The replacement cost coverage does not apply to outdoor
  23-10  antennas, aerials, carpeting, awnings, appliances, or other outdoor
  23-11  equipment, whether or not attached to the insured dwelling.
  23-12        (c) <(b)>  If, at the time of loss, the total amount of
  23-13  insurance applicable to the dwelling is equal to 80 percent or more
  23-14  of the full replacement cost of the dwelling or equal to the
  23-15  maximum amount of insurance otherwise available through the
  23-16  Association, coverage applicable to the dwelling under the policy
  23-17  is extended to include the full cost of repair or replacement,
  23-18  without a deduction for depreciation.  If, at the time of loss, the
  23-19  total amount of insurance applicable to the dwelling is equal to
  23-20  less than 80 percent of the full replacement cost of the dwelling
  23-21  and less than the maximum amount of insurance available through the
  23-22  Association, liability for loss under the policy may not exceed the
  23-23  replacement cost of that part of the dwelling damaged or destroyed,
  23-24  less depreciation.
  23-25        (d) <(c)>  The Board may promulgate such rules and
   24-1  regulations as necessary to implement this section.
   24-2        Sec. 8B.  INDIRECT LOSSES; WINDSTORM AND HAIL INSURANCE IN A
   24-3  CATASTROPHE AREA <PERSONAL LINES>.  (a)  This section shall apply
   24-4  only to windstorm and hail insurance in a catastrophe area.
   24-5        (b) <(a)>  Except as provided by Subsections (c) <(b)> and
   24-6  (d) <(c)> of this section, a policy of windstorm and hail insurance
   24-7  issued by the Association <association> for a dwelling, as that
   24-8  term is defined by the Texas Department of Insurance or its
   24-9  successor, must include coverage for wind-driven rain damage,
  24-10  regardless of whether an opening is made by the wind, loss of use,
  24-11  and consequential losses, according to forms approved by the
  24-12  commissioner and for a premium paid by the insured based on rates
  24-13  established by rule adopted by the commissioner.  A policy of
  24-14  windstorm and hail insurance issued by the Association
  24-15  <association> for tenant contents of a dwelling or other
  24-16  residential building must include coverage for loss of use and
  24-17  consequential losses, according to forms approved by the
  24-18  commissioner <board> and for a premium paid by the insured based on
  24-19  rates established by rule adopted by the commissioner.  The
  24-20  Association <association> shall provide coverage under this section
  24-21  as directed by rule of the commissioner.
  24-22        (c) <(b)>  The Association <association> is not required to
  24-23  offer coverage for indirect losses as provided by Subsection (a) of
  24-24  this section unless that coverage was excluded from a companion
  24-25  policy in the voluntary market.
   25-1        (d) <(c)>  The Association <association> is not required to
   25-2  provide coverage for (1) "loss of use" if such "loss of use" is
   25-3  loss of rents or loss of rental value; or (2) "additional living
   25-4  expenses" when the property insured is a secondary or a non-primary
   25-5  residence.
   25-6        SECTION 2.  Article 21.49, Insurance Code, is amended by
   25-7  adding a new Section 7A to read as follows:
   25-8        Sec. 7A.  RATES, RATING PLANS, AND RATE RULES APPLICABLE TO
   25-9  FIRE AND EXTENDED COVERAGE INSURANCE IN AN INADEQUATE FIRE AND
  25-10  EXTENDED COVERAGE INSURANCE AREA.  (a)  Rates, rating plans, and
  25-11  rate rules for fire and extended coverage insurance for commercial
  25-12  properties in an inadequate fire and extended coverage insurance
  25-13  area shall be governed by Article 5.13-2 of this Code.  The
  25-14  Association shall perform the same filing functions for rates as an
  25-15  individual insurer under Article 5.13-2 of this Code.
  25-16        (b)  The rates, rating plans, and rate rules applicable to
  25-17  fire and extended coverage insurance for residential properties in
  25-18  an inadequate fire and extended coverage insurance area shall be
  25-19  governed by Article 5.101 of this Code.  The benchmark rates
  25-20  established pursuant to Article 5.101 of this Code that are to be
  25-21  used for these residential properties shall be the benchmark rates
  25-22  that are at the uppermost flexibility band for fire and extended
  25-23  coverage insurance.
  25-24        SECTION 3.  The Act takes effect September 1, 1995.
  25-25        SECTION 4.  The importance of this legislation and the
   26-1  crowded condition of the calendars in both houses create an
   26-2  emergency and an imperative public necessity that the
   26-3  constitutional rule requiring bills to be read on three several
   26-4  days in each house be suspended, and this rule is hereby suspended.