1-1 AN ACT
1-2 relating to administrative procedures for certain orders and
1-3 decisions of the Texas Department of Insurance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 1.10B, Insurance Code, is amended to read
1-6 as follows:
1-7 Art. 1.10B. MAILING PROCEDURES FOR CERTAIN ORDERS AND
1-8 DECISIONS. [(a)] Notwithstanding Section 2001.142, Government
1-9 Code [the requirements of Subsection (b), Section 16,
1-10 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-11 Vernon's Texas Civil Statutes)], the department [State Board of
1-12 Insurance] shall mail to each party and the party's attorney of
1-13 record in a contested case before the department [board] or the
1-14 commissioner [of insurance] a copy of the department's [board's] or
1-15 commissioner's written decision or order in that case by certified
1-16 mail, return receipt requested.
1-17 [(b) Notwithstanding the requirements of Subsection (e),
1-18 Section 16, Administrative Procedure and Texas Register Act
1-19 (Article 6252-13a, Vernon's Texas Civil Statutes), a motion for
1-20 rehearing in a contested case must be filed not later than the 15th
1-21 day after the date of receipt of the decision or order under
1-22 Section (a) of this article. For purposes of this section, the
1-23 date of receipt of the decision or order is the date it is
1-24 delivered as reflected on the return receipt or the fifth day after
2-1 the date of the postmark stamped on the certified correspondence
2-2 under Section (a) of this article, whichever date is later.]
2-3 SECTION 2. Subsection (b), Article 1.33B, Insurance Code,
2-4 is amended to read as follows:
2-5 (b) The State Office of Administrative Hearings established
2-6 under Chapter 2003, Government Code, [591, Acts of the 72nd
2-7 Legislature, Regular Session, 1991 (Article 6252-13f, Vernon's
2-8 Texas Civil Statutes), and its subsequent amendments] shall conduct
2-9 any administrative hearing required to be held or that may be held
2-10 under this code or another insurance law of this state. This
2-11 article applies only to hearings required to be held before a
2-12 decision may be rendered or action taken by the commissioner or the
2-13 department.
2-14 SECTION 3. Subsection (c)(1), Article 1.33B, Insurance Code,
2-15 is amended to read as follows:
2-16 (1) Rate promulgation proceedings shall be governed by
2-17 the provisions of this subsection and shall be treated as a
2-18 contested case under the Administrative Procedure [and Texas
2-19 Register] Act, Chapter 2001, Government Code [(Article 6252-13a,
2-20 Vernon's Texas Civil Statutes)]. Accordingly, the procedures
2-21 before the commissioner shall be guided by the principles and
2-22 procedures for contested cases as provided by [in] the
2-23 Administrative Procedure [and Texas Register] Act, Chapter 2001,
2-24 Government Code, [(Article 6252-13a, Vernon's Texas Civil
2-25 Statutes)] and the Texas Rules of Civil Procedure to the extent not
2-26 inconsistent with the provisions of this subsection.
2-27 SECTION 4. This Act takes effect September 1, 1997.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 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. 1902 was passed by the House on April
22, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1902 was passed by the Senate on May
8, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor