By Burnam                                              H.B. No. 304
         77R1152 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of the flexible rating system to
 1-3     insurance written by county mutual insurance companies, Lloyd's
 1-4     associations, and reciprocal or interinsurance exchanges.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 5.101, Insurance Code, is amended by
 1-7     adding Section 6 to read as follows:
 1-8           Sec. 6.  APPLICATION OF FLEX-RATING TO COUNTY MUTUAL
 1-9     INSURANCE COMPANIES, LLOYD'S ASSOCIATIONS, AND RECIPROCAL AND
1-10     INTERINSURANCE EXCHANGES.  (a)  This article applies to:
1-11                 (1)  a county mutual insurance company;
1-12                 (2)  an underwriter at a Lloyd's; and
1-13                 (3)  a reciprocal or interinsurance exchange.
1-14           (b)  Except as provided by Subsection (c) of this section,
1-15     each county mutual insurance company, underwriter at a Lloyd's, and
1-16     reciprocal or interinsurance exchange is subject to the rate and
1-17     rating manual filing requirements of Section 3 of this article.
1-18           (c)  The commissioner shall establish separate benchmark
1-19     rates for county mutual insurance companies.  In promulgating
1-20     benchmark rates applicable to county mutual insurance companies,
1-21     the commissioner shall consider the factors described by Section
1-22     3(c) of this article based only on the experience of county mutual
1-23     insurance companies.  A county mutual insurance company may use
1-24     multiple rating tiers or rating programs within that company, but
 2-1     must make a separate filing for each rating tier or rating program.
 2-2           SECTION 2.   Article 17.22, Insurance Code, is amended to
 2-3     read as follows:
 2-4           Art. 17.22.  APPLICATION OF [EXEMPTION FROM] INSURANCE LAWS.
 2-5     (a)  County mutual insurance companies shall be exempt from the
 2-6     operation of all insurance laws of this state, except such laws as
 2-7     are made applicable by their specific terms or as in this Chapter
 2-8     specifically provided.
 2-9           (b)  In addition to any laws made applicable under Subsection
2-10     (a) [such other Articles as may be made to apply by other Articles]
2-11     of this article [Code], county mutual insurance companies are
2-12     [shall be] subject to:
2-13                 (1)  Chapter 82 [Subdivision 7 of Article 1.10] of this
2-14     code [Code];
2-15                 (2)  Section 38.001 of this code; and
2-16                 (3)  [(2)]  Articles 1.15, 1.15A, 1.16, [1.24,] 2.04,
2-17     2.05, 2.08, 2.10, 4.10, 5.12, 5.37, 5.38, 5.39, 5.40, 5.49, 5.101,
2-18     21.21, and 21.49 of this code [Code].
2-19           [(b)  The flexible rating program created under Subchapter M,
2-20     Chapter 5, of this code does not apply to county mutual insurance
2-21     companies.]
2-22           SECTION 3.  Article 18.23(b), Insurance Code, is amended to
2-23     read as follows:
2-24           (b)  In addition to any laws made applicable under Subsection
2-25     (a) of this article [such Articles as may be made to apply by other
2-26     Articles of this Chapter], underwriters at a Lloyds' are [shall not
2-27     be exempt from and shall be] subject to Articles 1.15A, 2.20, 5.35,
 3-1     5.38, 5.39, 5.40, 5.49, 5.101, 21.21, and 21.49-8 of this code
 3-2     [Code].
 3-3           SECTION 4.  Article 19.12(b), Insurance Code, is amended to
 3-4     read as follows:
 3-5           (b)  In addition to any laws made applicable under Subsection
 3-6     (a) [such Articles as may be made to apply by other Articles] of
 3-7     this article [Code], reciprocal or inter-insurance exchanges are
 3-8     [shall not be exempt from and shall be] subject to:
 3-9                 (1)  Section 5, Article 1.10, of this code [Code]; and
3-10                 (2)  Articles 1.15, 1.15A, 1.16,  2.20, 5.35, 5.37,
3-11     5.38, 5.39, 5.40, 5.101, 6.12, 8.07, 21.21, and 21.49-8 of this
3-12     code [Code].
3-13           SECTION 5.  This Act applies only to rates for an insurance
3-14     policy that is delivered, issued for delivery, or renewed on or
3-15     after January 1, 2002.  Rates for a policy that is delivered,
3-16     issued for delivery, or renewed before January 1, 2002, are
3-17     governed by the law as it existed immediately before the effective
3-18     date of this Act, and that law is continued in effect for that
3-19     purpose.
3-20           SECTION 6.  This Act takes effect September 1, 2001.