1-1     By:  Smithee (Senate Sponsor - Sibley)                H.B. No. 2752
 1-2           (In the Senate - Received from the House April 29, 1999;
 1-3     April 30, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 11, 1999, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to joint underwriting and reinsurance advisory
 1-9     organizations.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 1, Article 5.73, Insurance Code, is
1-12     amended to read as follows:
1-13           Sec. 1.  Except as provided by Section 4A(c) of this article,
1-14     an [Every] insurer transacting business in the state may, but is
1-15     not required to, subscribe to an advisory organization and is
1-16     permitted to submit to and receive from any advisory organization
1-17     statistical plans, historical data, prospective loss costs,
1-18     supplementary rating information, policy forms and endorsements,
1-19     research, rates of individual insurers that are effective at the
1-20     time the information is submitted or received or that have been
1-21     effective, and performance of inspections except [final rates or]
1-22     recommendations regarding profit or expense provisions, other than
1-23     loss adjustment expenses.
1-24           SECTION 2.  Section 4A, Article 5.73, Insurance Code, is
1-25     amended to read as follows:
1-26           Sec. 4A.  (a) An advisory organization may file prospective
1-27     loss costs, supplementary rating information, and policy forms with
1-28     the commissioner.  An insurer that subscribes to an advisory
1-29     organization may use this information and may incorporate the
1-30     information into the insurer's filings.  A filing made by an
1-31     advisory organization under this section is subject to the
1-32     provisions of this code or the other insurance laws of this state
1-33     governing rate filings [not receive from or supply to insurers
1-34     transacting insurance in this state the information described in
1-35     Section 1 of this article unless the advisory organization
1-36     establishes a subsidiary that:]
1-37                 [(1)  is domiciled in this state;]
1-38                 [(2)  has an office in this state; and]
1-39                 [(3)  has a governing board composed of:]
1-40                       [(A)  an ex officio member appointed by the
1-41     commissioner; and]
1-42                       [(B)  five representatives of property and
1-43     casualty insurers licensed in this state who subscribe to or
1-44     purchase products from the advisory organization].
1-45           (b)  A corporation, unincorporated association, partnership,
1-46     or individual may apply to the commissioner for a license as an
1-47     [Each] advisory organization for the types of insurance the
1-48     applicant specifies in the application.  An applicant must:
1-49                 (1)  [shall] file with the commissioner:
1-50                       (A)  a copy of the applicant's:
1-51                             (i)  [its] constitution and bylaws;
1-52                             (ii)[,]  article of agreement or
1-53     association, or certificate of incorporation; and
1-54                             (iii)  [a copy of the] rules governing the
1-55     applicant's [its] activities as an advisory organization; and
1-56                       (B)  a statement of qualifications to act as an
1-57     advisory organization; and
1-58                 (2)  pay a $100 license fee.
1-59           (c)  An insurer may not submit information to or receive
1-60     information from an advisory organization as described by Section 1
1-61     of this article unless the advisory organization holds a license
1-62     issued under this article.
1-63           (d)  The commissioner shall issue a license to an applicant,
1-64     without regard to the state of domicile or residence of the
 2-1     applicant or the location of the applicant's place of business if
 2-2     the commissioner determines that the applicant is qualified.
 2-3           (e)  The commissioner shall grant or deny a license to an
 2-4     applicant on or before the 60th day after the date the commissioner
 2-5     receives the application.
 2-6           (f)  A license issued under this article remains in effect
 2-7     until the commissioner suspends or revokes the license.
 2-8           (g)  Each advisory organization shall file with the
 2-9     commissioner a list showing each subscriber company doing business
2-10     in this state and the products or information the subscriber
2-11     company purchases.  The filing required by this subsection shall be
2-12     made at least quarterly.
2-13           (h) [(d)]  On request by the commissioner, each advisory
2-14     organization shall report to the department a summary of the
2-15     actuarial assumptions, trend factors, economic factors, and other
2-16     criteria used in trending data for companies doing business in this
2-17     state.
2-18           SECTION 3.  Section 4B, Article 5.73, Insurance Code, is
2-19     amended to read as follows:
2-20           Sec. 4B.  The commissioner may review the rate filing of an
2-21     [Each] insurer that relies [relying] on the prospective loss costs
2-22     provided by an advisory organization and may require the insurer to
2-23     provide the insurer's actual data and loss experience in addition
2-24     to the information provided by the advisory organization [must
2-25     justify, by expert evidence, its need for that information on the
2-26     grounds of insufficiency of that insurer's data and experience.
2-27     Such justification may be made by affidavit by a qualified actuary
2-28     or after notice and opportunity for a hearing.  An insurer unable
2-29     to demonstrate its need for prospective loss costs provided by an
2-30     advisory organization may not file or use that information].
2-31           SECTION 4.  (a)  This Act takes effect September 1, 1999.
2-32           (b)  An advisory organization that is in existence and
2-33     operating as an advisory organization on the effective date of this
2-34     Act may provide information as described by Section 1, Article
2-35     5.73, Insurance Code, as amended by this Act, pending issuance or
2-36     denial of a license under Section 4A, Article 5.73, Insurance Code,
2-37     as amended by this Act.
2-38           SECTION 5.  The importance of this legislation and the
2-39     crowded condition of the calendars in both houses create an
2-40     emergency and an imperative public necessity that the
2-41     constitutional rule requiring bills to be read on three several
2-42     days in each house be suspended, and this rule is hereby suspended.
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