AN ACT
1-1 relating to rate filings for certain lines of insurance.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (e), Section 3, Article 5.101,
1-4 Insurance Code, is amended to read as follows:
1-5 (e) An insurer may use any rate by classification within the
1-6 flexibility band without prior approval by the commissioner. The
1-7 rate may not include expenses disallowed under Subsection (o) of
1-8 this section. Within 30 days of the effective date of the
1-9 benchmark rate for a particular line, each insurer which proposes
1-10 to write that line of insurance in this state during the effective
1-11 period of the benchmark rate shall file with the commissioner its
1-12 proposed rate by line, and by classification and territory under
1-13 the rating manual promulgated by the commissioner, unless the
1-14 insurer has obtained approval from the commissioner under
1-15 Subsection (l) of this section to use its own rating manual. The
1-16 insurer shall include in the filing any statistics to support the
1-17 rates to be used by the insurer as required by rule of the
1-18 commissioner, including information necessary to evidence that the
1-19 calculation of the rate does not include disallowed expenses.
1-20 Rates proposed in filings made under this subsection must be just,
1-21 reasonable, adequate and not excessive for the risks to which they
1-22 apply. The rate takes effect on the date specified by the insurer,
1-23 but not later than the 60th day after the date of filing of the
2-1 rate with the commissioner. For the purpose of this section, the
2-2 date the rate is received by the commissioner is the date of
2-3 filing. From and after the effective date of the benchmark rate
2-4 and prior to the insurer's specified effective date of a new rate,
2-5 the insurer's previously filed rate shall remain in effect.
2-6 Subject to the limitations contained in Subsection (p) of this
2-7 section, an insurer may continue its previously filed rates or make
2-8 additional rate filings based on the previous benchmark rate for
2-9 new policies or policies renewing prior to the specified effective
2-10 date of its new rate.
2-11 SECTION 2. This Act takes effect September 1, 1997, and
2-12 applies only to an insurance policy that is delivered, issued for
2-13 delivery, or renewed on or after January 1, 1998. A policy that is
2-14 delivered, issued for delivery, or renewed before January 1, 1998,
2-15 is governed by the law as it existed immediately before the
2-16 effective date of this Act, and that law is continued in effect for
2-17 that purpose.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1498 passed the Senate on
April 10, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1498 passed the House on
May 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor