By Eiland, Stiles, Berlanga, Bonnen, Hawley,          H.B. No. 1853

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to coverage provided under certain policies issued through

 1-3     the Texas Catastrophe Property Insurance Association.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 8(h)(13), Texas Catastrophe Property

 1-6     Insurance Pool Act (Article 21.49, Insurance Code), is amended  to

 1-7     read as follows:

 1-8                 (13)  The association shall either establish a

 1-9     reinsurance program approved by the Texas Department of Insurance

1-10     or enter into a contract as provided in Subsection (i) of this

1-11     section.  With the approval of the [The] Texas Department of

1-12     Insurance, the association may establish a [approve any]

1-13     reinsurance program that operates in addition to or in concert with

1-14     a contract entered into under Subsection (i) of this section.

1-15           SECTION 2.  Sections 8A(a) and (c), Texas Catastrophe

1-16     Property Insurance Pool Act (Article 21.49, Insurance Code), are

1-17     amended to read as follows:

1-18           (a)  A policy of windstorm and hail insurance issued by the

1-19     Association may include replacement cost coverage for one and

1-20     two-family dwellings, including outbuildings, as provided under the

1-21     dwelling extension coverage in the policy [as that term is defined

1-22     in the  General Basis Schedule], subject to any applicable

1-23     deductibles and the limits for the coverage purchased by the

1-24     insured.  [The replacement cost coverage does not apply to outdoor

1-25     antennas, aerials, carpeting, awnings, appliances, or other outdoor

 2-1     equipment, whether or not attached to the insured dwelling.]

 2-2           (c)  The Commissioner [Board] may promulgate such rules and

 2-3     regulations as necessary to implement this section.

 2-4           SECTION 3.  Section 8D, Texas Catastrophe Property Insurance

 2-5     Pool Act (Article 21.49, Insurance Code), is amended to read as

 2-6     follows:

 2-7           Sec. 8D.  LIABILITY LIMITS.  (a)  The maximum limits of

 2-8     liability under a [A] policy of windstorm and hail insurance issued

 2-9     by the Association under this Act shall be proposed by the board of

2-10     directors of the Association and must be approved by the

2-11     Commissioner.  The maximum limits of liability for [provide]

2-12     coverage on [for] any one insurable property may not be less than

2-13     [in  amounts equal to]:

2-14                 (1)  $350,000 [$250,000] for a dwelling, including an

2-15     individually owned townhouse unit, and the corporeal movable

2-16     property located in or about the dwelling, and as an extension of

2-17     coverage, away from those premises, as provided under the policy

2-18     [the term "dwelling" is defined in the special dwelling,

2-19     homeowners, or farm and ranch property owners schedules of the

2-20     General Basis Schedule];

2-21                 (2)  $2,192,000 [$2 million] for a building and the

2-22     corporeal movable property located in the building that is owned

2-23     by, and at least 75 percent of which is occupied by, a governmental

2-24     entity, or that is not owned by, but is wholly and exclusively

2-25     occupied by, a governmental entity;

2-26                 (3)  $125,000 [$750,000 per building for an apartment,

2-27     condominium, or townhouse defined as a risk under the apartment

 3-1     house rating schedule, residential condominium rating schedule, or

 3-2     townhouse unit rating schedule of the General Basis Schedule and

 3-3     the corporeal movable property of the owner of the structure in

 3-4     which the apartment, condominium, or townhouse is located;]

 3-5                 [(4)  $100,000] for individually owned corporeal

 3-6     movable property located in an apartment unit, residential

 3-7     condominium unit, or townhouse unit that is occupied by the owner

 3-8     of that  property, and as an extension of coverage, away from those

 3-9     premises, as provided under the policy; and

3-10                 (4)  $1,500,000 [(5)  $1 million] for a structure other

3-11     than a dwelling or a public building and the corporeal movable

3-12     property located in that structure and, as an extension of

3-13     coverage, away from those premises, as provided under the policy.

3-14           (b)  Notwithstanding Subsection (a) of this section, the

3-15     liability limit imposed under Subsection (a)(2) of this section is

3-16     frozen, and the indexing and adjustments provided by this section

3-17     do not apply to that liability limit, until the liability limit

3-18     imposed on a structure subject to Subsection (a)(4) of this section

3-19     and the corporeal property located in that structure reaches or

3-20     exceeds $2,192,000,  at which time the liability limit shall be

3-21     indexed and adjusted as provided for a risk under Subsection (a)(4)

3-22     of this section.

3-23           (c)  Liability limits for insurable property that is not

3-24     covered under Subsection (a) of this section shall be established

3-25     by the plan of operation.

3-26           (d)  Not later than September 30 of each year, the board of

3-27     directors of the Association [(c)  The Board, as part of the annual

 4-1     rate hearings conducted by the Board,] shall propose adjustments to

 4-2     [adjust] the liability limits for inflation.  The proposed

 4-3     adjustments shall be made  in increments of $1,000, rounded to the

 4-4     nearest $1,000, considering[, including] the limits set by

 4-5     Subsection (a) of this section, at a rate that reflects any change

 4-6     in the BOECKH [BOECK] Index.  If the BOECKH Index ceases to exist,

 4-7     the board of directors of the Association shall propose

 4-8     adjustments to the nearest $1,000 in round numbers to the liability

 4-9     limits for inflation based on any [or] other index that the board

4-10     determines [may] accurately reflects [reflect] changes in the cost

4-11     of construction or residential values in the catastrophe area.  An

4-12     adjustment to the liability limits  that is approved by the

4-13     Commissioner applies to each policy of windstorm and hail insurance

4-14     delivered, issued for delivery, or renewed on or after January 1 of

4-15     the year following the approval by the Commissioner of the

4-16     adjustment to the liability limits.  The indexing of the liability

4-17     limits [of liability] shall adjust for changes occurring [apply as

4-18     determined by the Board] on and after January 1, 1997 [1992].

4-19           (e)  The board of directors of the Association may propose

4-20     additional increases in the liability limits as it determines

4-21     necessary to implement the purposes of this Act.

4-22           (f)  Not later than the 10th day after the date on which the

4-23     proposed adjustment to the liability limits is determined under

4-24     Subsection (a), (b), (d), or (e) of this section, the Association

4-25     shall file its proposed adjustments with the Commissioner in

4-26     writing.  The filing must include:

4-27                 (1)  a statement of the proposed adjusted liability

 5-1     limits;

 5-2                 (2)  a statement of the liability limits in effect

 5-3     immediately preceding the effective date of the proposed

 5-4     adjustment;

 5-5                 (3)  a brief summary of the changes to the BOECKH Index

 5-6     or other index on which the proposed adjustments are based; and

 5-7                 (4)  a brief summary of the computations used in

 5-8     determining the proposed adjustments.

 5-9           (g)  Not later than the 60th day after the date of receipt of

5-10     the filing made under Subsection (f) of this section, and after

5-11     notice and hearing, the Commissioner by order shall approve,

5-12     disapprove, or modify the proposed adjustments to the liability

5-13     limits.

5-14           (h) [(d)]  Notwithstanding Subsections [(b) and] (c)-(g) of

5-15     this section, the Commissioner [Board] may not approve adjustments

5-16     of [adjust] liability limits to amounts lower than the amounts

5-17     prescribed [adopted] under Subsection (a) of this section.

5-18           (i)  Article 1.33B of this code does not apply to an action

5-19     taken under this section.  [(e)  A policyholder who is insured on

5-20     September 1, 1991, for an amount higher than the liability limits

5-21     prescribed by Subsection (a) of this section may not be required to

5-22     reduce the insurance coverage to an amount lower than the amount in

5-23     effect on September 1, 1991.]

5-24           SECTION 4.  The Texas Catastrophe Property Insurance Pool Act

5-25     (Article 21.49, Insurance Code) is amended by adding Section 8E to

5-26     read as follows:

5-27           Sec. 8E.  REINSURED EXCESS LIMITS.  (a)  Notwithstanding any

 6-1     other law, the Association may issue a policy of windstorm and hail

 6-2     insurance that includes coverage for an amount in excess of a

 6-3     liability limit proposed by the Association and approved by the

 6-4     Commissioner under Section 8D of this Act if the Association first

 6-5     obtains, from a reinsurer approved by the Commissioner, reinsurance

 6-6     for the full amount of policy exposure above the limits approved by

 6-7     the Commissioner for any given type of risk.

 6-8           (b)  The premium charged by the Association for the excess

 6-9     coverage shall be equal to the amount of the reinsurance premium

6-10     charged to the Association by the reinsurer, plus any payment to

6-11     the Association that is approved by the Commissioner.

6-12           (c)  The Commissioner shall adopt rules as necessary to

6-13     implement this section.  The Association may not issue excess

6-14     coverage under this section until those rules are adopted.

6-15           (d)  Article 1.33B of this code does not apply to an action

6-16     taken under this section.

6-17           SECTION 5.  Section 19(a), Texas Catastrophe Property

6-18     Insurance Pool Act (Article 21.49, Insurance Code), is amended to

6-19     read as follows:

6-20           (a)  If, in any calendar year, an occurrence or series of

6-21     occurrences within the defined catastrophe area results in insured

6-22     losses and operating expenses of the association in excess of

6-23     premium and other revenue of the association, any excess losses

6-24     shall be paid as follows:

6-25                 (1)  $100 million shall be assessed to the members of

6-26     the association with the proportion of the loss allocable to each

6-27     insurer determined in the same manner as its participation in the

 7-1     association has been determined for the year under Section 5(c) of

 7-2     this Act;

 7-3                 (2)  any losses in excess of $100 million shall be paid

 7-4     from [either] the catastrophe reserve trust fund established under

 7-5     Section 8(i) of this Act and [or] any reinsurance program

 7-6     established by the association;

 7-7                 (3)  for losses in excess of those paid under

 7-8     Subdivisions (1) and (2) of this subsection, an additional $200

 7-9     million shall be assessed to the members of the association with

7-10     the proportion of the loss allocable to each insurer determined in

7-11     the same manner as its participation in the association has been

7-12     determined for the year under Section 5(c) of this Act;

7-13                 (4)  any losses in excess of those paid under

7-14     Subdivisions (1), (2), and (3) of this subsection shall be assessed

7-15     against members of the association, with the proportion of the

7-16     total loss allocable to each insurer determined in the same manner

7-17     as its participation in the association has been determined for the

7-18     year under Section 5(c) of this Act.

7-19           SECTION 6.  The Texas Catastrophe Property Insurance Pool Act

7-20     (Article 21.49, Insurance Code), as amended by this Act, applies

7-21     only to a policy of windstorm or hail insurance that is delivered,

7-22     issued for delivery, or renewed on or after January 1, 1998.  A

7-23     policy that is delivered, issued for delivery, or renewed before

7-24     January 1, 1998, is governed by the law as it existed immediately

7-25     before the effective date of this Act, and that law is continued in

7-26     effect for this purpose.

7-27           SECTION 7.  (a)  This Act takes effect September 1, 1997.

 8-1           (b)  The board of directors of the Texas Catastrophe Property

 8-2     Insurance Association shall propose initial adjustments for the

 8-3     liability limits imposed under  Section 8D, Texas Catastrophe

 8-4     Property Insurance Pool Act (Article 21.49, Insurance Code), as

 8-5     amended by this Act, not later than September 30, 1997.

 8-6           SECTION 8.  The importance of this legislation and the

 8-7     crowded condition of the calendars in both houses create an

 8-8     emergency and an imperative public necessity that the

 8-9     constitutional rule requiring bills to be read on three several

8-10     days in each house be suspended, and this rule is hereby suspended.