By:  Sibley                                           S.B. No. 1499

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation and policy forms of certain lines of

 1-2     insurance.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1, Article 5.13-2, Insurance Code, is

 1-5     amended to read as follows:

 1-6           Sec. 1.  Purpose.  This article governs the regulation of

 1-7     general liability, commercial property, which shall include farm

 1-8     and ranch owners and farm and ranch policies, all commercial

 1-9     casualty, and medical professional liability insurance rates and

1-10     forms.  It does not govern automobile, fidelity, surety, or

1-11     guaranty bonds.  The purposes of this article are to:

1-12                 (1)  promote the public welfare by regulating insurance

1-13     rates to prohibit excessive, inadequate, or unfairly discriminatory

1-14     rates;

1-15                 (2)  promote availability of insurance;

1-16                 (3)  promote price competition among insurers to

1-17     provide rates and premiums that are responsive to competitive

1-18     market conditions;

1-19                 (4)  prohibit price-fixing agreements and other

1-20     anticompetitive behavior by insurers;

1-21                 (5)  regulate the insurance forms used for lines of

1-22     insurance subject to this article to ensure that they are not

1-23     unjust, unfair, inequitable, misleading, or deceptive; and

1-24                 (6)  provide regulatory procedures for the maintenance

 2-1     of appropriate information reporting systems.

 2-2           SECTION 2.  Subsection (e), Section 8, Article 5.13-2,

 2-3     Insurance Code, is amended to read as follows:

 2-4           (e)  The commissioner may promulgate standard insurance

 2-5     policy forms, endorsements, and other related forms that may be

 2-6     used, at the discretion of the insurer, by an insurer instead of

 2-7     the insurer's own forms in writing insurance subject to this

 2-8     article.  The commissioner may disapprove a form or endorsement

 2-9     filed under this section, or withdraw any previous approval

2-10     thereof, if the form or endorsement:

2-11                 (1)  violates or does not comply with this code, or any

2-12     valid rule relating thereto duly adopted by the commissioner, or is

2-13     otherwise contrary to law; or

2-14                 (2)  contains provisions or has any titles or headings

2-15     which are unjust, encourage misrepresentation, are deceptive, or

2-16     violate public policy.  [Forms submitted by insurers for approval

2-17     under this section must provide coverage equivalent to that

2-18     provided in the policy forms used for these lines of coverage on

2-19     the effective date of this article.  An endorsement may not reduce

2-20     coverage provided under the approved policy form.]

2-21           SECTION 3.  Subsection (b), Article 5.25, Insurance Code, is

2-22     amended to read as follows:

2-23           (b)  Notwithstanding Subsection (a) of this article, on and

2-24     after March 1, 1992, rates for homeowners and [farm and ranch

2-25     owner's] residential fire and residential allied lines insurance

2-26     coverage under this subchapter are determined as provided by

2-27     Subchapter M of this chapter, and rates for other lines of

 3-1     insurance subject to this subchapter are determined as provided by

 3-2     Article 5.13-2 of this code.  This subsection does not affect the

 3-3     requirement for the commissioner to conduct inspections of

 3-4     commercial property and prescribe a manual of rules and rating

 3-5     schedules for commercial property under this subchapter.

 3-6           SECTION 4.  Subsection (b), Article 5.25A, Insurance Code, is

 3-7     amended to read as follows:

 3-8           (b)  Notwithstanding Subsection (a) of this article, on and

 3-9     after March 1, 1992, rates for homeowners and [farm and ranch

3-10     owner's] residential fire and residential allied lines insurance

3-11     coverage under this subchapter are determined as provided by

3-12     Subchapter M of this chapter, and rates for other lines of

3-13     insurance subject to this subchapter are determined as provided by

3-14     Article 5.13-2 of this code.

3-15           SECTION 5.  Subsection (i), Article 5.26, Insurance Code, is

3-16     amended to read as follows:

3-17           (i)  Notwithstanding Subsections (a)-(h) of this article, on

3-18     and after March 1, 1992, rates for homeowners and [farm and ranch

3-19     owner's] residential fire and residential allied lines insurance

3-20     coverage under this subchapter are determined as provided by

3-21     Subchapter M of this chapter, and rates for other lines of

3-22     insurance subject to this subchapter are determined as provided by

3-23     Article 5.13-2 of this code.

3-24           SECTION 6.  Subsection (d), Article 5.28, Insurance Code, is

3-25     amended to read as follows:

3-26           (d)  Notwithstanding Subsection (a) of this article, on and

3-27     after March 1, 1992, rates for homeowners and [farm and ranch

 4-1     owner's] residential fire and residential allied lines insurance

 4-2     coverage under this subchapter are determined as provided by

 4-3     Subchapter M of this chapter, and rates for other lines of

 4-4     insurance subject to this subchapter are determined as provided by

 4-5     Article 5.13-2 of this code.

 4-6           SECTION 7.  Subsection (b), Article 5.29, Insurance Code, is

 4-7     amended to read as follows:

 4-8           (b)  Notwithstanding Subsection (a) of this article, on and

 4-9     after March 1, 1992, rates for homeowners and [farm and ranch

4-10     owner's] residential fire and residential allied lines insurance

4-11     coverage under this subchapter are determined as provided by

4-12     Subchapter M of this chapter, and rates for other lines of

4-13     insurance subject to this subchapter are determined as provided by

4-14     Article 5.13-2 of this code.

4-15           SECTION 8.  Subsection (b), Article 5.30, Insurance Code, is

4-16     amended to read as follows:

4-17           (b)  Notwithstanding Subsection (a) of this article, on and

4-18     after March 1, 1992, rates for homeowners and [farm and ranch

4-19     owner's] residential fire and residential allied lines insurance

4-20     coverage under this subchapter are determined as provided by

4-21     Subchapter M of this chapter, and rates for other lines of

4-22     insurance subject to this subchapter are determined as provided by

4-23     Article 5.13-2 of this code.

4-24           SECTION 9.  Subsection (b), Article 5.31, Insurance Code, is

4-25     amended to read as follows:

4-26           (b)  Notwithstanding Subsection (a) of this article, on and

4-27     after March 1, 1992, rates for homeowners and [farm and ranch

 5-1     owner's] residential fire and residential allied lines insurance

 5-2     coverage under this subchapter are determined as provided by

 5-3     Subchapter M of this chapter, and rates for other lines of

 5-4     insurance subject to this subchapter are determined as provided by

 5-5     Article 5.13-2 of this code.

 5-6           SECTION 10.  Subsection (b), Article 5.32, Insurance Code, is

 5-7     amended to read as follows:

 5-8           (b)  Notwithstanding Subsection (a) of this article, on and

 5-9     after March 1, 1992, rates for homeowners and [farm and ranch

5-10     owner's] residential fire and residential allied lines insurance

5-11     coverage under this subchapter are determined as provided by

5-12     Subchapter M of this chapter, and rates for other lines of

5-13     insurance subject to this subchapter are determined as provided by

5-14     Article 5.13-2 of this code.

5-15           SECTION 11.  Subsection (a), Section 2, Article 5.33B,

5-16     Insurance Code, as added by Section 10, Chapter 415, Acts of the

5-17     74th Legislature, 1995, is amended to read as follows:

5-18           (a)  "Residential property insurance" means insurance against

5-19     loss to real or tangible personal property at a fixed location

5-20     provided in a homeowners policy or[,] residential fire and allied

5-21     lines policy[, or farm and ranch owners policy].

5-22           SECTION 12.  Subsection (b), Article 5.34, Insurance Code, is

5-23     amended to read as follows:

5-24           (b)  Notwithstanding Subsection (a) of this article, on and

5-25     after March 1, 1992, rates for homeowners and [farm and ranch

5-26     owner's] residential fire and residential allied lines insurance

5-27     coverage under this subchapter are determined as provided by

 6-1     Subchapter M of this chapter, and rates for other lines of

 6-2     insurance subject to this subchapter are determined as provided by

 6-3     Article 5.13-2 of this code.

 6-4           SECTION 13.  Article 5.35, Insurance Code, is amended to read

 6-5     as follows:

 6-6           Art. 5.35.  POLICY FORMS.  (a)  The commissioner [Board]

 6-7     shall adopt policy forms and endorsements for each kind of

 6-8     insurance subject to this subchapter other than a line regulated

 6-9     under Article 5.13-2 of this code that may be used by an insurer

6-10     without filing for approval to use such forms.  [The coverage

6-11     provided by policy forms and endorsements adopted under this

6-12     subsection is the minimum coverage that may be provided under an

6-13     insurance policy for that type of insurance in this State.]

6-14           (b)  The commissioner may also adopt policy forms and

6-15     endorsements of national insurers or policy forms and endorsements

6-16     adopted by a national organization of insurance companies or

6-17     similar organization on policy forms and endorsements.  Policy

6-18     forms and endorsements may be adopted under this subsection for

6-19     each kind of insurance subject to this subchapter other than a line

6-20     regulated under Article 5.13-2 of this code on the request of an

6-21     insurer. For purposes of this subsection, "national insurer" means

6-22     an insurer subject to this article that, either directly or

6-23     together with its affiliates as part of an insurance holding

6-24     company system as those terms are defined by Article 21.49-1 of

6-25     this code, is licensed to do business and write the kinds of

6-26     insurance that are subject to this subchapter in 26 or more states

6-27     and maintains minimum annual direct written premiums for

 7-1     residential property insurance of $750 million in the aggregate for

 7-2     all states.  [Except as provided by Subsections (d) and (e) of this

 7-3     article, an insurer may only use forms adopted by the Board under

 7-4     this article in writing insurance subject to this subchapter in

 7-5     this State.]

 7-6           (c)  The commissioner may approve the use of policy forms and

 7-7     endorsements adopted by a national organization of insurance

 7-8     companies or a similar organization, if such forms or endorsements

 7-9     are filed with and are approved by the commissioner in accordance

7-10     with this article.  [An insurer may not enter into a contract or

7-11     agreement concerning an individual policy that is not contained in

7-12     the policy.  Such a contract or agreement is void.]

7-13           (d)  An insurer may use an endorsement to the policy forms

7-14     adopted or approved by the commissioner under this article if the

7-15     endorsement is approved by the commissioner pursuant to this

7-16     article.  [The Board may approve the use of policy forms adopted by

7-17     a national organization of insurance companies, or similar

7-18     organization, if the forms, with any endorsement to the forms

7-19     required and approved by the Board, provides coverage equivalent to

7-20     the coverage provided by the policy forms adopted by the Board

7-21     under Subsection (a) of this section.]

7-22           (e)  Unless adopted or approved by the commissioner pursuant

7-23     to Subsection (a), (b), or (c) of this article or, in the case of

7-24     an endorsement, under Subsection (d) of this article, an insurance

7-25     policy or endorsement for use in writing the types of insurance

7-26     subject to this article may not be delivered or issued for delivery

7-27     in this state.  [An insurer may use an endorsement to the policy

 8-1     forms adopted or approved by the Board under this article if the

 8-2     endorsement is approved by the Board.  Except as provided by

 8-3     Article 5.38 of this code, an endorsement may not reduce the

 8-4     coverage provided under the policy forms.]

 8-5           (f)  Each filing pursuant to Subsection (c) or (d) of this

 8-6     article shall be made not later than the 60th day before the date

 8-7     of any use or delivery for use.  At the expiration of the 60-day

 8-8     period, a filed form or endorsement is approved unless before the

 8-9     expiration of the 60 days the commissioner either disapproves the

8-10     form or endorsement by order or approves the form or endorsement.

8-11     Approval of a form or endorsement by the commissioner constitutes a

8-12     waiver of any unexpired portion of the 60-day period.  The

8-13     commissioner may extend, by not more than an additional 30 days,

8-14     the period during which the commissioner may approve or disapprove

8-15     a form or endorsement by giving notice to the filer of the

8-16     extension before the expiration of the initial period.  At the

8-17     expiration of any extension and in the absence of any earlier

8-18     approval or disapproval, the form or endorsement shall be

8-19     considered approved.  For good cause shown, the commissioner may

8-20     withdraw the commissioner's approval at any time after notice and

8-21     hearing.

8-22           (g)(1)  The commissioner may disapprove a policy form or

8-23     endorsement filed under this article, or withdraw any previous

8-24     approval thereof, if the policy form or endorsement:

8-25                       (A)  violates or does not comply with this code,

8-26     or any valid rule relating thereto duly adopted by the

8-27     commissioner, or is otherwise contrary to law; or

 9-1                       (B)  contains provisions or has any titles or

 9-2     headings which are unjust, encourage misrepresentation, are

 9-3     deceptive, or violate public policy.

 9-4                 (2)  The commissioner's order disapproving any form or

 9-5     endorsement or any notice of the commissioner's intention to

 9-6     withdraw a previous approval must state the grounds for the

 9-7     disapproval in enough detail to reasonably inform the filer of the

 9-8     grounds.  An order of withdrawal of a previously filed form or

 9-9     endorsement takes effect on the expiration of the prescribed period

9-10     but not sooner than the 60th day after the effective date of the

9-11     withdrawal order, as prescribed by the commissioner.

9-12           (h)  The commissioner [Board] may not adopt or approve policy

9-13     forms for personal fire or homeowner's insurance or any endorsement

9-14     to the policy if the policy or endorsement is not in plain

9-15     language.  For the purposes of this subsection, a policy or

9-16     endorsement is written in plain language if it achieves the minimum

9-17     score established by the commissioner on the Flesch reading ease

9-18     test or an equivalent test selected by the commissioner or, at the

9-19     option of the commissioner, if it conforms to the language

9-20     requirements in a National Association of Insurance Commissioners

9-21     model act relating to plain language.  This subsection does not

9-22     apply to policy language that is mandated by state or federal law.

9-23           (i)  An insurer may not use in this state any form or

9-24     endorsement after disapproval of the form or endorsement or

9-25     withdrawal of approval by the commissioner.

9-26           (j)  Notwithstanding Article 1.35A of this code, the office

9-27     of public insurance counsel may submit written comments to the

 10-1    commissioner and otherwise participate regarding individual company

 10-2    filings made pursuant to this article.

 10-3          [(g)  The Board may withdraw its approval of a policy or

 10-4    endorsement form at any time, after notice and hearing.]

 10-5          SECTION 14.  Subsection (b), Article 5.39, Insurance Code, is

 10-6    amended to read as follows:

 10-7          (b)  Notwithstanding Subsection (a) of this article, on and

 10-8    after March 1, 1992, rates for homeowners and [farm and ranch

 10-9    owner's] residential fire and residential allied lines insurance

10-10    coverage under this subchapter are determined, and hearings related

10-11    to those rates are conducted, as provided by Subchapter M of this

10-12    chapter, and rates for other lines of insurance subject to this

10-13    subchapter are determined as provided by Article 5.13-2 of this

10-14    code.

10-15          SECTION 15.  Subsection (d), Article 5.40, Insurance Code, is

10-16    amended to read as follows:

10-17          (d)  Notwithstanding Subsections (a)-(c) of this article, on

10-18    and after March 1, 1992, rates for homeowners and [farm and ranch

10-19    owner's] residential fire and residential allied lines insurance

10-20    coverage under this subchapter are determined, and hearings related

10-21    to those rates are conducted, as provided by Subchapter M of this

10-22    chapter, and rates for other lines of insurance subject to this

10-23    subchapter are determined as provided by Article 5.13-2 of this

10-24    code.

10-25          SECTION 16.  Subsection (b), Article 5.41, Insurance Code, is

10-26    amended to read as follows:

10-27          (b)  Notwithstanding Subsection (a) of this article, on and

 11-1    after March 1, 1992, rates for homeowners and [farm and ranch

 11-2    owner's] residential fire and residential allied lines insurance

 11-3    coverage under this subchapter are determined as provided by

 11-4    Subchapter M of this chapter, and rates for other lines of

 11-5    insurance subject to this subchapter are determined as provided by

 11-6    Article 5.13-2 of this code.

 11-7          SECTION 17.  Section 5, Article 5.73, Insurance Code, is

 11-8    amended to read as follows:

 11-9          Sec. 5.  The authority granted under this article shall be

11-10    reviewed during the normal Sunset cycle of the Texas Department of

11-11    Insurance [expires September 1, 1997].

11-12          SECTION 18.  Section 4, Article 5.101, Insurance Code, is

11-13    amended to read as follows:

11-14          Sec. 4.  EFFECT OF ENDORSEMENTS.  An insurer that provides

11-15    additional or reduced coverage through an endorsement to a policy

11-16    subject to this article may assess an additional or reduced charge

11-17    for coverage under the endorsement only with the prior approval of

11-18    the commissioner.

11-19          SECTION 19.  This Act takes effect September 1, 1997, and

11-20    applies only to an insurance policy that is delivered, issued for

11-21    delivery, or renewed on or after January 1, 1998.  A policy that is

11-22    delivered, issued for delivery, or renewed before January 1, 1998,

11-23    is governed by the law as it existed immediately before the

11-24    effective date of this Act, and that law is continued in effect for

11-25    that purpose.

11-26          SECTION 20.  The importance of this legislation and the

11-27    crowded condition of the calendars in both houses create an

 12-1    emergency and an imperative public necessity that the

 12-2    constitutional rule requiring bills to be read on three several

 12-3    days in each house be suspended, and this rule is hereby suspended.