By: Lucio S.B. No. 1197
97S0730/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the cost estimate of Texas Department of Insurance
1-2 rules.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 1.03B, Insurance Code, is amended to read
1-5 as follows:
1-6 Art. 1.03B. FISCAL IMPACT OF DEPARTMENT RULES. (a) This
1-7 article applies to any rule adopted by the commissioner in
1-8 accordance with Chapter 2001, Government Code [the Administrative
1-9 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
1-10 Civil Statutes)].
1-11 (b) If the fiscal note or the public benefit-cost note
1-12 required by Subdivisions (4) and (5), Section 2001.0241, Government
1-13 Code [5(a), Administrative Procedure and Texas Register Act
1-14 (Article 6252-13a, Vernon's Texas Civil Statutes)], fails to
1-15 accurately state the reasonable actual costs required, and the
1-16 reasonable actual costs required exceed the costs stated by at
1-17 least 10 [25] percent of the costs stated, the rule is void
1-18 effective on the date the rule is adopted.
1-19 (c) In the event a cost estimate described in Subsection (b)
1-20 of the Article is stated in a range, the high figure in the
1-21 estimate shall not exceed the low figure by 15 percent.
1-22 SECTION 2. If any provision of this Act or its application
1-23 to any person or circumstance is held invalid, the invalidity does
2-1 not affect other provisions or applications of this Act that can be
2-2 given effect without the invalid provision or application, and to
2-3 this end the provisions of this Act are declared to be severable.
2-4 SECTION 3. Any rule adopted by the commissioner of insurance
2-5 which is not in conformity to the standards set forth in Section 1
2-6 of this Act shall be null and void and of no force or effect.
2-7 SECTION 4. If this Act is in conflict with any other law,
2-8 rule, regulation, or provision of the Insurance Code, this Act
2-9 shall control.
2-10 SECTION 5. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.