Amend SB 385 on third reading by adding the following new
sections, appropriately numbered, and renumbering the subsequent
sections accordingly:
      SECTION _____.  Article 1.35A, Vernon's Texas Insurance Code,
is amended by adding Subsection (e) to read as follows:
      (e)  The office of public insurance counsel shall develop and
implement a rating system to compare and evaluate, on an objective
basis, the quality of care provided by, and the performance of
health maintenance organizations.
            (1)  In developing the rating system, the office may
use information or data from any person, agency, organization, or
governmental unit that the office deems reliable.
            (2)  The office shall develop and issue annually
consumer report cards that identify and compare health maintenance
organizations in this state.  The consumer report card may be based
on information or data from any person, agency, organization, or
governmental unit that the office deems reliable.
            (3)  The department of insurance and the health care
information council shall provide information or data as requested
by the office of public insurance counsel in furtherance of these
duties.
            (4)  The office is entitled to information provided by
health maintenance organizations to the commissioner under this
code or another insurance law of this state, including confidential
information.  The office may not make public confidential
information provided to the office under this subsection, but may
disclose a summary of the information that does not directly or
indirectly identify the health maintenance organization that is the
subject of the information.  The office may not release, and a
person or entity may not gain access to, any confidential
information.
            (5)  The office of public insurance counsel shall
provide a copy of the consumer report to any person on request on
payment of a reasonable fee.
      SECTION ____.  Subsection (a), Article 1.35B, Vernon's Texas
Insurance Code, is amended to read as follows:
      (a)  To defray the costs of creating, administering, and
operating the office of public insurance counsel, the comptroller
shall collect the following assessments annually in connection with
the collection of other taxes imposed on insurers:
            (1)  each property and casualty insurer authorized to
do business in this state shall pay an annual assessment of 5.7
cents for each policy of property and casualty insurance in force
at year end in this state;
            (2)  each insurer shall pay an annual assessment of 5.7
<3> cents for each individual policy, and for each certificate of
insurance evidencing coverage under a group policy, of life,
health, or accident insurance written for delivery and placed in
force with the initial premium thereon paid in full in this state
during each calendar year if the insurer is authorized to do
business in this state under:
                  (A)  Chapter 3, 10, 11, 14, 20, 22, 23, or 25 of
this code;
                  (B)  Chapter 113, Acts of the 53rd Legislature,
Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance
Code);
                  (C)  Section 1, Chapter 417, Acts of the 56th
Legislature, Regular Session, 1959 (Article 3.49-2, Vernon's Texas
Insurance Code);
                  (D)  the Texas Employees Uniform Group Insurance
Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code);
                  (E)  the Texas State College and University
Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
Texas Insurance Code);
                  (F)  Section 1, Chapter 123, Acts of the 60th
Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's Texas
Insurance Code);
                  (G)  Section 1, Chapter 387, Acts of the 55th
Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
Insurance Code);
                  (H)  Sections 1 to 3A and 4 to 13, Chapter 397,
Acts of the 54th Legislature, Regular Session, 1955 (Articles
3.70-1 to 3.70-3A and 3.70-4 to 3.70-11, Vernon's Texas Insurance
Code); or
                  (I)  the Texas Health Maintenance Organization
Act (Chapter 20A, Vernon's Texas Insurance Code); and
            (3)  each title insurance company authorized to do
business in this state shall pay an annual assessment of 5.7 cents
for each owner policy and mortgage policy of title insurance
written for delivery in this state during each calendar year and
for which the full basic premium is charged.