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.