By McCall                                             H.B. No. 1898
         76R8169 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to credit property insurance.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter C of Chapter 5, Insurance Code, is
 1-5     amended by adding Article 5.53-1 to read as follows:
 1-6           Art. 5.53-1.  CREDIT PROPERTY INSURANCE.  (a)  This article
 1-7     applies to the filing of all rates and rate schedules used in the
 1-8     writing of credit property insurance by every authorized insurer,
 1-9     including lloyds plan insurers, county mutual insurers and
1-10     reciprocal or interinsurance exchanges.
1-11           (b)  All premium rates or schedules of premium rates used in
1-12     conjunction with credit property insurance delivered or issued for
1-13     delivery in this state and covering property located in this state
1-14     shall be filed with the Commissioner.
1-15           (c)  "Credit property insurance" means insurance that
1-16     provides coverage in conjunction with an open or closed end
1-17     consumer credit transaction that qualifies as a retail installment
1-18     transaction as defined in the Finance Code, Section 345.001.
1-19           (d)  Within sixty (60) days after the filing of any such
1-20     rates or rate schedules, the Commissioner shall disapprove any such
1-21     rates or rate schedules if the benefits provided are not reasonable
1-22     in relation to the premium charged.  If the Commissioner does not
1-23     disapprove a rate within sixty (60) days, it shall be deemed
1-24     approved.  If the Commissioner requests additional information
 2-1     regarding the filing, the Commissioner shall act within sixty (60)
 2-2     days after the receipt of the response to that request.
 2-3                 (1)  The Commissioner shall not disapprove a rate or
 2-4     rate schedule that is just, reasonable, adequate, not confiscatory,
 2-5     or not excessive.  The Commissioner may request information from
 2-6     any insurer with respect to compensation paid for the sale of
 2-7     credit property insurance, expenses, losses, profits, and any other
 2-8     relevant data relating to the premium rate.
 2-9                 (2)  Premium rates or premium rate schedules for credit
2-10     property insurance shall be considered just, reasonable, adequate
2-11     and not excessive if it can be reasonably anticipated that a loss
2-12     ratio of "claims incurred" to "earned premiums" is no less than 55
2-13     percent.
2-14           (e)  Any insurer may revise its premium rates or schedules of
2-15     premium rates from time to time, and shall file the revised
2-16     schedules with the Commissioner.  No insurer shall issue any credit
2-17     property insurance policy for which the premium rate differs from
2-18     that determined by the schedules and classes of business of the
2-19     insurer as then on file with the Commissioner.
2-20           (f)  If the Commissioner disapproves a filing, the
2-21     Commissioner shall issue an order specifying how the filing fails
2-22     to meet the requirements of this article.  The filer is entitled to
2-23     a hearing on written request made to the Commissioner not later
2-24     than the 30th day after the effective date of the disapproval
2-25     order.  Upon such request, the Commissioner shall conduct a hearing
2-26     under Chapter 2001, Government Code (the Administrative Procedure
2-27     Act) after which hearing, the Commissioner shall have 60 days to
 3-1     approve or disapprove the filing or it is deemed approved.
 3-2           (g)  If the Commissioner disapproves a schedule of rates that
 3-3     is in effect, the Commissioner may issue a disapproval order only
 3-4     after a hearing held after at least 20 days written notice to the
 3-5     insurer that made the filing.  An insurer may continue to use any
 3-6     such rate during the hearing process.  An order of disapproval must
 3-7     be issued not later than the 15th day after the close of the
 3-8     hearing and must specify how the schedule of rates fails to meet
 3-9     the requirements of this article.  The order of disapproval must
3-10     also state the date on which the further use of that schedule of
3-11     rates is prohibited.  The Commissioner shall set the date not
3-12     earlier than the 45th day after the date on which the hearing
3-13     closes.
3-14           SECTION 2.  The provisions of this Act shall take effect
3-15     January 1, 2000, and apply to all credit property insurance
3-16     policies delivered or issued for delivery after that date.
3-17           SECTION 3.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended,
3-22     and that this Act take effect and be in force from and after its
3-23     passage, and it is so enacted.