1-1     By:  Sibley                                           S.B. No. 1499

 1-2           (In the Senate - Filed March 13, 1997; March 20, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     April 4, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 1; April 4, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1499                  By:  Sibley

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the regulation and policy forms of certain lines of

1-11     insurance.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 1, Article 5.13-2, Insurance Code, is

1-14     amended to read as follows:

1-15           Sec. 1.  Purpose.  This article governs the regulation of

1-16     general liability, commercial property, which shall include farm

1-17     and ranch owners and farm and ranch policies, all commercial

1-18     casualty, and medical professional liability insurance rates and

1-19     forms.  It does not govern automobile, fidelity, surety, or

1-20     guaranty bonds.  The purposes of this article are to:

1-21                 (1)  promote the public welfare by regulating insurance

1-22     rates to prohibit excessive, inadequate, or unfairly discriminatory

1-23     rates;

1-24                 (2)  promote availability of insurance;

1-25                 (3)  promote price competition among insurers to

1-26     provide rates and premiums that are responsive to competitive

1-27     market conditions;

1-28                 (4)  prohibit price-fixing agreements and other

1-29     anticompetitive behavior by insurers;

1-30                 (5)  regulate the insurance forms used for lines of

1-31     insurance subject to this article to ensure that they are not

1-32     unjust, unfair, inequitable, misleading, or deceptive; and

1-33                 (6)  provide regulatory procedures for the maintenance

1-34     of appropriate information reporting systems.

1-35           SECTION 2.  Subsection (e), Section 8, Article 5.13-2,

1-36     Insurance Code, is amended to read as follows:

1-37           (e)  The commissioner may promulgate standard insurance

1-38     policy forms, endorsements, and other related forms that may be

1-39     used, at the discretion of the insurer, by an insurer instead of

1-40     the insurer's own forms in writing insurance subject to this

1-41     article.  The commissioner may disapprove a form or endorsement

1-42     filed under this section, or withdraw any previous approval

1-43     thereof, if the form or endorsement:

1-44                 (1)  violates or does not comply with this code, or any

1-45     valid rule relating thereto duly adopted by the commissioner, or is

1-46     otherwise contrary to law; or

1-47                 (2)  contains provisions or has any titles or headings

1-48     which are unjust, encourage misrepresentation, are deceptive, or

1-49     violate public policy.  [Forms submitted by insurers for approval

1-50     under this section must provide coverage equivalent to that

1-51     provided in the policy forms used for these lines of coverage on

1-52     the effective date of this article.  An endorsement may not reduce

1-53     coverage provided under the approved policy form.]

1-54           SECTION 3.  Subsection (b), Article 5.25, Insurance Code, is

1-55     amended to read as follows:

1-56           (b)  Notwithstanding Subsection (a) of this article, on and

1-57     after March 1, 1992, rates for homeowners and [farm and ranch

1-58     owner's] residential fire and residential allied lines insurance

1-59     coverage under this subchapter are determined as provided by

1-60     Subchapter M of this chapter, and rates for other lines of

1-61     insurance subject to this subchapter are determined as provided by

1-62     Article 5.13-2 of this code.  This subsection does not affect the

1-63     requirement for the commissioner to conduct inspections of

1-64     commercial property and prescribe a manual of rules and rating

 2-1     schedules for commercial property under this subchapter.

 2-2           SECTION 4.  Subsection (b), Article 5.25A, Insurance Code, is

 2-3     amended to read as follows:

 2-4           (b)  Notwithstanding Subsection (a) of this article, on and

 2-5     after March 1, 1992, rates for homeowners and [farm and ranch

 2-6     owner's] residential fire and residential allied lines insurance

 2-7     coverage under this subchapter are determined as provided by

 2-8     Subchapter M of this chapter, and rates for other lines of

 2-9     insurance subject to this subchapter are determined as provided by

2-10     Article 5.13-2 of this code.

2-11           SECTION 5.  Subsection (i), Article 5.26, Insurance Code, is

2-12     amended to read as follows:

2-13           (i)  Notwithstanding Subsections (a)-(h) of this article, on

2-14     and after March 1, 1992, rates for homeowners and [farm and ranch

2-15     owner's] residential fire and residential allied lines insurance

2-16     coverage under this subchapter are determined as provided by

2-17     Subchapter M of this chapter, and rates for other lines of

2-18     insurance subject to this subchapter are determined as provided by

2-19     Article 5.13-2 of this code.

2-20           SECTION 6.  Subsection (d), Article 5.28, Insurance Code, is

2-21     amended to read as follows:

2-22           (d)  Notwithstanding Subsection (a) of this article, on and

2-23     after March 1, 1992, rates for homeowners and [farm and ranch

2-24     owner's] residential fire and residential allied lines insurance

2-25     coverage under this subchapter are determined as provided by

2-26     Subchapter M of this chapter, and rates for other lines of

2-27     insurance subject to this subchapter are determined as provided by

2-28     Article 5.13-2 of this code.

2-29           SECTION 7.  Subsection (b), Article 5.29, Insurance Code, is

2-30     amended to read as follows:

2-31           (b)  Notwithstanding Subsection (a) of this article, on and

2-32     after March 1, 1992, rates for homeowners and [farm and ranch

2-33     owner's] residential fire and residential allied lines insurance

2-34     coverage under this subchapter are determined as provided by

2-35     Subchapter M of this chapter, and rates for other lines of

2-36     insurance subject to this subchapter are determined as provided by

2-37     Article 5.13-2 of this code.

2-38           SECTION 8.  Subsection (b), Article 5.30, Insurance Code, is

2-39     amended to read as follows:

2-40           (b)  Notwithstanding Subsection (a) of this article, on and

2-41     after March 1, 1992, rates for homeowners and [farm and ranch

2-42     owner's] residential fire and residential allied lines insurance

2-43     coverage under this subchapter are determined as provided by

2-44     Subchapter M of this chapter, and rates for other lines of

2-45     insurance subject to this subchapter are determined as provided by

2-46     Article 5.13-2 of this code.

2-47           SECTION 9.  Subsection (b), Article 5.31, Insurance Code, is

2-48     amended to read as follows:

2-49           (b)  Notwithstanding Subsection (a) of this article, on and

2-50     after March 1, 1992, rates for homeowners and [farm and ranch

2-51     owner's] residential fire and residential allied lines insurance

2-52     coverage under this subchapter are determined as provided by

2-53     Subchapter M of this chapter, and rates for other lines of

2-54     insurance subject to this subchapter are determined as provided by

2-55     Article 5.13-2 of this code.

2-56           SECTION 10.  Subsection (b), Article 5.32, Insurance Code, is

2-57     amended to read as follows:

2-58           (b)  Notwithstanding Subsection (a) of this article, on and

2-59     after March 1, 1992, rates for homeowners and [farm and ranch

2-60     owner's] residential fire and residential allied lines insurance

2-61     coverage under this subchapter are determined as provided by

2-62     Subchapter M of this chapter, and rates for other lines of

2-63     insurance subject to this subchapter are determined as provided by

2-64     Article 5.13-2 of this code.

2-65           SECTION 11.  Subsection (a), Section 2, Article 5.33B,

2-66     Insurance Code, as added by Section 10, Chapter 415, Acts of the

2-67     74th Legislature, 1995, is amended to read as follows:

2-68           (a)  "Residential property insurance" means insurance against

2-69     loss to real or tangible personal property at a fixed location

 3-1     provided in a homeowners policy or[,] residential fire and allied

 3-2     lines policy[, or farm and ranch owners policy].

 3-3           SECTION 12.  Subsection (b), Article 5.34, Insurance Code, is

 3-4     amended to read as follows:

 3-5           (b)  Notwithstanding Subsection (a) of this article, on and

 3-6     after March 1, 1992, rates for homeowners and [farm and ranch

 3-7     owner's] residential fire and residential allied lines insurance

 3-8     coverage under this subchapter are determined as provided by

 3-9     Subchapter M of this chapter, and rates for other lines of

3-10     insurance subject to this subchapter are determined as provided by

3-11     Article 5.13-2 of this code.

3-12           SECTION 13.  Article 5.35, Insurance Code, is amended to read

3-13     as follows:

3-14           Art. 5.35.  POLICY FORMS.  (a)  The commissioner [Board]

3-15     shall adopt policy forms and endorsements for each kind of

3-16     insurance subject to this subchapter other than a line regulated

3-17     under Article 5.13-2 of this code that may be used by an insurer

3-18     without filing for approval to use such forms.  [The coverage

3-19     provided by policy forms and endorsements adopted under this

3-20     subsection is the minimum coverage that may be provided under an

3-21     insurance policy for that type of insurance in this State.]

3-22           (b)  The commissioner may also adopt policy forms and

3-23     endorsements of national insurers or policy forms and endorsements

3-24     adopted by a national organization of insurance companies or

3-25     similar organization on policy forms and endorsements.  Policy

3-26     forms and endorsements may be adopted under this subsection for

3-27     each kind of insurance subject to this subchapter other than a line

3-28     regulated under Article 5.13-2 of this code on the request of an

3-29     insurer. For purposes of this subsection, "national insurer" means

3-30     an insurer subject to this article that, either directly or

3-31     together with its affiliates as part of an insurance holding

3-32     company system as those terms are defined by Article 21.49-1 of

3-33     this code, is licensed to do business and write the kinds of

3-34     insurance that are subject to this subchapter in 26 or more states

3-35     and maintains minimum annual direct written premiums for

3-36     residential property insurance of $750 million in the aggregate for

3-37     all states.  [Except as provided by Subsections (d) and (e) of this

3-38     article, an insurer may only use forms adopted by the Board under

3-39     this article in writing insurance subject to this subchapter in

3-40     this State.]

3-41           (c)  The commissioner may approve the use of policy forms and

3-42     endorsements adopted by a national organization of insurance

3-43     companies or a similar organization, if such forms or endorsements

3-44     are filed with and are approved by the commissioner in accordance

3-45     with this article.  [An insurer may not enter into a contract or

3-46     agreement concerning an individual policy that is not contained in

3-47     the policy.  Such a contract or agreement is void.]

3-48           (d)  An insurer may use an endorsement to the policy forms

3-49     adopted or approved by the commissioner under this article if the

3-50     endorsement is approved by the commissioner pursuant to this

3-51     article.  [The Board may approve the use of policy forms adopted by

3-52     a national organization of insurance companies, or similar

3-53     organization, if the forms, with any endorsement to the forms

3-54     required and approved by the Board, provides coverage equivalent to

3-55     the coverage provided by the policy forms adopted by the Board

3-56     under Subsection (a) of this section.]

3-57           (e)  Unless adopted or approved by the commissioner pursuant

3-58     to Subsection (a), (b), or (c) of this article or, in the case of

3-59     an endorsement, under Subsection (d) of this article, an insurance

3-60     policy or endorsement for use in writing the types of insurance

3-61     subject to this article may not be delivered or issued for delivery

3-62     in this state.  [An insurer may use an endorsement to the policy

3-63     forms adopted or approved by the Board under this article if the

3-64     endorsement is approved by the Board.  Except as provided by

3-65     Article 5.38 of this code, an endorsement may not reduce the

3-66     coverage provided under the policy forms.]

3-67           (f)  Each filing pursuant to Subsection (c) or (d) of this

3-68     article shall be made not rather than the 60th day before the date

3-69     of any use or delivery for use.  At the expiration of the 60-day

 4-1     period, a filed form or endorsement is approved unless before the

 4-2     expiration of the 60 days the commissioner either disapproves the

 4-3     form or endorsement by order or approves the form or endorsement.

 4-4     Approval of a form or endorsement by the commissioner constitutes a

 4-5     waiver of any unexpired portion of the 60-day period.  The

 4-6     commissioner may extend, by not more than an additional 30 days,

 4-7     the period during which the commissioner may approve or disapprove

 4-8     a form or endorsement by giving notice to the filer of the

 4-9     extension before the expiration of the initial period.  At the

4-10     expiration of any extension and in the absence of any earlier

4-11     approval or disapproval, the form or endorsement shall be

4-12     considered approved.  For good cause shown, the commissioner may

4-13     withdraw the commissioner's approval at any time after notice and

4-14     hearing.

4-15           (g)(1)  The commissioner may disapprove a policy form or

4-16     endorsement filed under this article, or withdraw any previous

4-17     approval thereof, if the policy form or endorsement:

4-18                       (A)  violates or does not comply with this code,

4-19     or any valid rule relating thereto duly adopted by the

4-20     commissioner, or is otherwise contrary to law; or

4-21                       (B)  contains provisions or has any titles or

4-22     headings which are unjust, encourage misrepresentation, are

4-23     deceptive, or violate public policy.

4-24                 (2)  The commissioner's order disapproving any form or

4-25     endorsement or any notice of the commissioner's intention to

4-26     withdraw a previous approval must state the grounds for the

4-27     disapproval in enough detail to reasonably inform the filer of the

4-28     grounds.  An order of withdrawal of a previously filed form or

4-29     endorsement takes effect on the expiration of the prescribed period

4-30     but not sooner than the 60th day after the effective date of the

4-31     withdrawal order, as prescribed by the commissioner.

4-32           (h)  The commissioner [Board] may not adopt or approve policy

4-33     forms for personal fire or homeowner's insurance or any endorsement

4-34     to the policy if the policy or endorsement is not in plain

4-35     language.  For the purposes of this subsection, a policy or

4-36     endorsement is written in plain language if it achieves the minimum

4-37     score established by the commissioner on the Flesch reading ease

4-38     test or an equivalent test selected by the commissioner or, at the

4-39     option of the commissioner, if it conforms to the language

4-40     requirements in a National Association of Insurance Commissioners

4-41     model act relating to plain language.  This subsection does not

4-42     apply to policy language that is mandated by state or federal law.

4-43           (i)  An insurer may not use in this state any form or

4-44     endorsement after disapproval of the form or endorsement or

4-45     withdrawal of approval by the commissioner.

4-46           [(g)  The Board may withdraw its approval of a policy or

4-47     endorsement form at any time, after notice and hearing.]

4-48           SECTION 14.  Subsection (b), Article 5.39, Insurance Code, is

4-49     amended to read as follows:

4-50           (b)  Notwithstanding Subsection (a) of this article, on and

4-51     after March 1, 1992, rates for homeowners and [farm and ranch

4-52     owner's] residential fire and residential allied lines insurance

4-53     coverage under this subchapter are determined, and hearings related

4-54     to those rates are conducted, as provided by Subchapter M of this

4-55     chapter, and rates for other lines of insurance subject to this

4-56     subchapter are determined as provided by Article 5.13-2 of this

4-57     code.

4-58           SECTION 15.  Subsection (d), Article 5.40, Insurance Code, is

4-59     amended to read as follows:

4-60           (d)  Notwithstanding Subsections (a)-(c) of this article, on

4-61     and after March 1, 1992, rates for homeowners and [farm and ranch

4-62     owner's] residential fire and residential allied lines insurance

4-63     coverage under this subchapter are determined, and hearings related

4-64     to those rates are conducted, as provided by Subchapter M of this

4-65     chapter, and rates for other lines of insurance subject to this

4-66     subchapter are determined as provided by Article 5.13-2 of this

4-67     code.

4-68           SECTION 16.  Subsection (b), Article 5.41, Insurance Code, is

4-69     amended to read as follows:

 5-1           (b)  Notwithstanding Subsection (a) of this article, on and

 5-2     after March 1, 1992, rates for homeowners and [farm and ranch

 5-3     owner's] residential fire and residential allied lines insurance

 5-4     coverage under this subchapter are determined as provided by

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

 5-6     insurance subject to this subchapter are determined as provided by

 5-7     Article 5.13-2 of this code.

 5-8           SECTION 17.  Section 4, Article 5.101, Insurance Code, is

 5-9     amended to read as follows:

5-10           Sec. 4.  EFFECT OF ENDORSEMENTS.  An insurer that provides

5-11     additional or reduced coverage through an endorsement to a policy

5-12     subject to this article may assess an additional or reduced charge

5-13     for coverage under the endorsement only with the prior approval of

5-14     the commissioner.

5-15           SECTION 18.  This Act takes effect September 1, 1997, and

5-16     applies only to an insurance policy that is delivered, issued for

5-17     delivery, or renewed on or after January 1, 1998.  A policy that is

5-18     delivered, issued for delivery, or renewed before January 1, 1998,

5-19     is governed by the law as it existed immediately before the

5-20     effective date of this Act, and that law is continued in effect for

5-21     that purpose.

5-22           SECTION 19.  The importance of this legislation and the

5-23     crowded condition of the calendars in both houses create an

5-24     emergency and an imperative public necessity that the

5-25     constitutional rule requiring bills to be read on three several

5-26     days in each house be suspended, and this rule is hereby suspended.

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