1-1 AN ACT
1-2 relating to rates for certain lines of insurance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Article 5.101, Insurance Code, is
1-5 amended by adding Subsection (r) to read as follows:
1-6 (r) In order to avoid the circumvention of the flexible
1-7 rating program, and notwithstanding any other provision of this
1-8 article, a county mutual insurance company may not use a rate for
1-9 an insured on private passenger automobile insurance, other than
1-10 insurance on mobile homes and single interest insurance, that,
1-11 after the application of all discounts and policy fees, is lower
1-12 than the highest rate allowed under the flexibility band for that
1-13 line, if the county mutual insurance company is directly or
1-14 indirectly controlled by a holding company, as that term is defined
1-15 by Article 21.49-1 of this code, that also directly or indirectly
1-16 controls another insurance company, including a Lloyds or
1-17 reciprocal exchange, which writes private passenger automobile
1-18 insurance in Texas.
1-19 SECTION 2. This Act applies only to a rate applicable to an
1-20 insurance policy that is delivered, issued for delivery, or renewed
1-21 on or after January 1, 1998. A rate applicable to an insurance
1-22 policy that is delivered, issued for delivery, or renewed before
1-23 January 1, 1998, is governed by the law as it existed immediately
1-24 before the effective date of this Act, and that law is continued in
2-1 effect for this purpose.
2-2 SECTION 3. This Act takes effect September 1, 1997.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1662 was passed by the House on May
13, 1997, by the following vote: Yeas 88, Nays 43, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1662 on May 29, 1997, by the following vote: Yeas 86, Nays 52,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1662 was passed by the Senate, with
amendments, on May 22, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor