By Eiland, Seaman                                     H.B. No. 1162
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the development of Texas Windstorm Insurance
 1-3     Association insurance rates.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 8(h), Article 21.49, Insurance Code, is
 1-6     amended to read as follows:
 1-7           (h)(1)  Each [extended coverage benchmark rate, flexibility
 1-8     band, and promulgated] rate established by the commissioner in
 1-9     accordance with this section [Chapter 5, Insurance Code,] must be
1-10     uniform throughout the first tier of coastal counties.
1-11                 (2)  [The rates for noncommercial windstorm and hail
1-12     insurance written by the association shall be 90 percent of the
1-13     modified extended coverage rates.  For purposes of this section,
1-14     the modified extended coverage rate is the greater of the upper
1-15     flexibility band for extended coverage established by the
1-16     commissioner under Article 5.101 of this code or 25 percent above
1-17     the extended coverage benchmark rate established by the
1-18     commissioner under that article.]
1-19                 [(3)]  Not later than August 15 [1] of each year, the
1-20     Association shall file with the department for approval by the
1-21     commissioner a proposed manual rate for all types [commercial
1-22     risks] and classes of risks [written by the Association developed
1-23     in accordance with Subchapter C, Chapter 5, Insurance Code, which
1-24     is applicable only to the extent consistent with this article.  The
 2-1     Association may not make such a filing more than one time in any
 2-2     12-month period.  The rate for commercial windstorm and hail
 2-3     insurance written by the Association shall be 90 percent of the
 2-4     rate for extended coverage for commercial risks as developed in
 2-5     accordance with Subchapter C, Chapter 5, Insurance Code, to the
 2-6     extent consistent with this article.  Article 5.13-2, Insurance
 2-7     Code, does not apply to the rates of insurance] written by the
 2-8     Association.  Chapter 40 [Article 1.33B] of this code does not
 2-9     apply to a filing made under this [subdivision and Subdivisions
2-10     (4)-(10) of this] subsection[,] or  a department action with
2-11     respect to the filing.
2-12                 (3) [(4)]  Before approving or disapproving a filing,
2-13     or modifying a filing, the commissioner shall provide all
2-14     interested persons a reasonable opportunity to review the filing,
2-15     obtain copies of the filing on payment of any legally required
2-16     copying cost, and submit to the commissioner written comments or
2-17     information related to the filing.
2-18                 (4) [(5)]  The commissioner shall schedule an open
2-19     meeting not later than the 45th day after the date on which the
2-20     department receives the filing at which interested persons may
2-21     present written or oral comments relating to the filing.  An open
2-22     meeting under this subdivision is subject to Chapter 551,
2-23     Government Code, but is not a contested case hearing under Chapter
2-24     2001, Government Code.
2-25                 (5) [(6)]  The department shall file with the Texas
2-26     Register notice that a filing has been made under Subdivision (2)
2-27     [(3)] of this subsection not later than the seventh day after the
 3-1     date the filing is received by the department.  The notice must
 3-2     include information relating to:
 3-3                       (A)  the availability of the filing for public
 3-4     inspection at the department during regular business hours and the
 3-5     procedures for obtaining copies of the filing;
 3-6                       (B)  procedures for making written comments
 3-7     related to the filing; and
 3-8                       (C)  the time, place, and date of the open
 3-9     meeting scheduled under Subdivision (4) [(5)] of this subsection at
3-10     which an interested person may submit either written or oral
3-11     comments relating to the filing.
3-12                 (6) [(7)]  After the conclusion of the open meeting,
3-13     the commissioner shall approve or disapprove or modify the filing
3-14     in writing on or before November 15 [1] of the year in which the
3-15     filing is made or the filing is deemed approved.  If the
3-16     commissioner disapproves a filing, the commissioner shall state in
3-17     writing the reasons for the disapproval and the criteria to be met
3-18     by the Association to obtain approval.  The Association may file
3-19     with the commissioner, not later than 30 [ten (10)] days after the
3-20     date on which the Association receives the commissioner's written
3-21     disapproval, an amended filing bringing the filing into conformity
3-22     with all criteria stated in the commissioner's written disapproval.
3-23                 (7) [(8)]  Before approving or disapproving an amended
3-24     filing, the commissioner shall provide all interested persons a
3-25     reasonable opportunity to review the amended filing, obtain copies
3-26     of the amended filing on payment of any legally required copying
3-27     cost, and submit to the commissioner written comments or
 4-1     information related to the amended filing in the manner provided by
 4-2     Subdivision (3) [(4)] of this subsection, and may hold a hearing
 4-3     not later than the 20th day after the date on which the department
 4-4     receives the amended filing in the manner provided by Subdivision
 4-5     (4) [(5)] of this subsection.  Not later than the 10th day after
 4-6     the date on which the hearing on the amended filing is concluded,
 4-7     the commissioner shall approve or disapprove the amended filing.
 4-8     Within 30 days after the amended filing is received, the
 4-9     commissioner shall approve without changes, approve as modified by
4-10     the commissioner, or disapprove an amended filing or it is deemed
4-11     approved.  The requirements imposed under Subdivisions (5) and (6)
4-12     [and (7)] of this subsection apply to a hearing conducted under
4-13     this subdivision.
4-14                 (8) [(9)]  In conjunction with the review of a filing
4-15     or amended filing, the commissioner may request the Association to
4-16     provide additional supporting information relating to the filing or
4-17     amended filing, and any interested person may file a written
4-18     request with the commissioner for additional supporting information
4-19     relating to the filing or amended filing.  A request under this
4-20     subdivision must be reasonable and must be directly related to the
4-21     filing or amended filing.  The commissioner shall submit to the
4-22     Association all requests for additional supporting information made
4-23     under this subdivision for the commissioner's use and the use of
4-24     any interested person.  Unless a different period is requested by
4-25     the Association and approved by the commissioner, the [The]
4-26     Association shall provide the information to the commissioner not
4-27     later than the fifth day after the date on which the written
 5-1     request for additional supporting information is delivered to the
 5-2     Association.  The department shall notify an interested person who
 5-3     has requested additional information of the availability of the
 5-4     information not later than one business day after the date on which
 5-5     the commissioner receives the information from the Association.
 5-6                 (9) [(10)]  A rate established and authorized by the
 5-7     commissioner [filing made] under this subsection may not reflect an
 5-8     average [annual premium] rate change that is more than 10 [15]
 5-9     percent [(]higher or lower than[) of] the rate for commercial or 10
5-10     percent higher or lower than the rate for noncommercial windstorm
5-11     and hail insurance in effect on the date the filing is made.  The
5-12     rate may not reflect a rate change for an individual rating class
5-13     that is 15 percent higher or lower than the rate for that
5-14     individual class in effect on the date the filing is made.  The [in
5-15     each rate classification in effect on September 1, 1995.  This
5-16     subdivision expires January 1, 2003, provided however, that the]
5-17     commissioner may, after notice and hearing, suspend this
5-18     subdivision upon a finding that a catastrophe loss or series of
5-19     occurrences resulting in losses in the catastrophe area justify a
5-20     need to assure rate adequacy in the catastrophe area and also
5-21     justify a need to assure availability of insurance outside the
5-22     catastrophe area.  This subdivision expires December 31, 2005.
5-23                 (10) [(11)]  If valid flood or rising water insurance
5-24     coverage exists and is maintained on any risk being insured in the
5-25     pool, the commissioner may provide for a rate and reduction in rate
5-26     of premium as may be appropriate.
5-27                 (11) [(12)]  The catastrophe element used to develop
 6-1     [of extended coverage] rates [promulgated or filed by the
 6-2     commissioner] under this Act applicable to [commercial] risks
 6-3     written by the Association shall be uniform throughout the seacoast
 6-4     territory. The catastrophe element of the rates must be developed
 6-5     using:
 6-6                       (A)  90 percent of both the [and shall be based
 6-7     on all] monoline extended coverage loss experience and related
 6-8     premium income for [of] all [regulated] insurers, other than
 6-9     [authorized to do business in this state, including] the
6-10     Association, for covered property located in the seacoast
6-11     territory[,] using not less than the most recent 30 years of
6-12     [years'] experience available; and
6-13                       (B)  100 percent of both the loss experience and
6-14     related premium income for the Association for covered property
6-15     using not less than the most recent 30 years of experience
6-16     available.
6-17                 (12)  The noncatastrophe element of the noncommercial
6-18     rates must be developed using:
6-19                       (A)  90 percent of both the monoline extended
6-20     coverage loss experience and related premium income for all
6-21     insurers, other than the Association, for covered property located
6-22     in the catastrophe area of the seacoast territory using the most
6-23     recent 10 years of experience available; and
6-24                       (B)  100 percent of both the loss experience and
6-25     related premium income for the Association for covered property
6-26     using the most recent 10 years of experience available.
6-27                 (13)  The noncatastrophe element of the commercial
 7-1     rates must be developed using 100 percent of both the loss
 7-2     experience and related premium income for the Association for
 7-3     covered property using the most recent 10 years of experience
 7-4     available.
 7-5                 (14)  Surcharges collected in the past and used in the
 7-6     development of current [manual] rates may not be excluded from
 7-7     future rate development as long as those surcharges were collected
 7-8     during the experience period considered [used] by the commissioner.
 7-9                 (15)  Not earlier than March 31 of the year before the
7-10     year in which a filing is to be made, the department shall value
7-11     the loss and loss adjustment expense data to be used for the
7-12     filing.
7-13                 (16)  Not later than June 1 of each year, the
7-14     department shall provide the experience data to be used in
7-15     establishing the rates under this subsection in that year to the
7-16     Association and other interested persons.  On request from the
7-17     department, an insurer shall provide the data to the department or
7-18     the department may obtain the data from a designated statistical
7-19     agent, as defined by Section 38.201 of this code.
7-20                 (17) [(13)]  The association shall either establish a
7-21     reinsurance program approved by the Texas Department of Insurance
7-22     or make payments into the catastrophe reserve trust fund
7-23     established under Subsection (i) of this section.  With the
7-24     approval of the Texas Department of Insurance, the association may
7-25     establish a reinsurance program that operates in addition to or in
7-26     concert with the catastrophe reserve trust fund established under
7-27     Subsection (i) of this section.
 8-1           SECTION 2. This Act takes effect September 1, 2001.