1-1     By:  Eiland, Seaman (Senate Sponsor - Jackson)        H.B. No. 1162
 1-2           (In the Senate - Received from the House April 11, 2001;
 1-3     April 17, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 1, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 1, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the development of Texas Windstorm Insurance
 1-9     Association insurance rates.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 8(h), Article 21.49, Insurance Code, is
1-12     amended to read as follows:
1-13           (h)(1)  Each [extended coverage benchmark rate, flexibility
1-14     band, and promulgated] rate established by the commissioner in
1-15     accordance with this section [Chapter 5, Insurance Code,] must be
1-16     uniform throughout the first tier of coastal counties.
1-17                 (2)  [The rates for noncommercial windstorm and hail
1-18     insurance written by the association shall be 90 percent of the
1-19     modified extended coverage rates.  For purposes of this section,
1-20     the modified extended coverage rate is the greater of the upper
1-21     flexibility band for extended coverage established by the
1-22     commissioner under Article 5.101 of this code or 25 percent above
1-23     the extended coverage benchmark rate established by the
1-24     commissioner under that article.]
1-25                 [(3)]  Not later than August 15 [1] of each year, the
1-26     Association shall file with the department for approval by the
1-27     commissioner a proposed manual rate for all types [commercial
1-28     risks] and classes of risks [written by the Association developed
1-29     in accordance with Subchapter C, Chapter 5, Insurance Code, which
1-30     is applicable only to the extent consistent with this article.  The
1-31     Association may not make such a filing more than one time in any
1-32     12-month period.  The rate for commercial windstorm and hail
1-33     insurance written by the Association shall be 90 percent of the
1-34     rate for extended coverage for commercial risks as developed in
1-35     accordance with Subchapter C, Chapter 5, Insurance Code, to the
1-36     extent consistent with this article.  Article 5.13-2, Insurance
1-37     Code, does not apply to the rates of insurance] written by the
1-38     Association.  Chapter 40 [Article 1.33B] of this code does not
1-39     apply to a filing made under this [subdivision and Subdivisions
1-40     (4)-(10) of this] subsection[,] or  a department action with
1-41     respect to the filing.
1-42                 (3) [(4)]  Before approving or disapproving a filing,
1-43     or modifying a filing, the commissioner shall provide all
1-44     interested persons a reasonable opportunity to review the filing,
1-45     obtain copies of the filing on payment of any legally required
1-46     copying cost, and submit to the commissioner written comments or
1-47     information related to the filing.
1-48                 (4) [(5)]  The commissioner shall schedule an open
1-49     meeting not later than the 45th day after the date on which the
1-50     department receives the filing at which interested persons may
1-51     present written or oral comments relating to the filing.  An open
1-52     meeting under this subdivision is subject to Chapter 551,
1-53     Government Code, but is not a contested case hearing under Chapter
1-54     2001, Government Code.
1-55                 (5) [(6)]  The department shall file with the Texas
1-56     Register notice that a filing has been made under Subdivision (2)
1-57     [(3)] of this subsection not later than the seventh day after the
1-58     date the filing is received by the department.  The notice must
1-59     include information relating to:
1-60                       (A)  the availability of the filing for public
1-61     inspection at the department during regular business hours and the
1-62     procedures for obtaining copies of the filing;
1-63                       (B)  procedures for making written comments
1-64     related to the filing; and
 2-1                       (C)  the time, place, and date of the open
 2-2     meeting scheduled under Subdivision (4) [(5)] of this subsection at
 2-3     which an interested person may submit either written or oral
 2-4     comments relating to the filing.
 2-5                 (6) [(7)]  After the conclusion of the open meeting,
 2-6     the commissioner shall approve or disapprove or modify the filing
 2-7     in writing on or before November 15 [1] of the year in which the
 2-8     filing is made or the filing is deemed approved.  If the
 2-9     commissioner disapproves a filing, the commissioner shall state in
2-10     writing the reasons for the disapproval and the criteria to be met
2-11     by the Association to obtain approval.  The Association may file
2-12     with the commissioner, not later than 30 [ten (10)] days after the
2-13     date on which the Association receives the commissioner's written
2-14     disapproval, an amended filing bringing the filing into conformity
2-15     with all criteria stated in the commissioner's written disapproval.
2-16                 (7) [(8)]  Before approving or disapproving an amended
2-17     filing, the commissioner shall provide all interested persons a
2-18     reasonable opportunity to review the amended filing, obtain copies
2-19     of the amended filing on payment of any legally required copying
2-20     cost, and submit to the commissioner written comments or
2-21     information related to the amended filing in the manner provided by
2-22     Subdivision (3) [(4)] of this subsection, and may hold a hearing
2-23     not later than the 20th day after the date on which the department
2-24     receives the amended filing in the manner provided by Subdivision
2-25     (4) [(5)] of this subsection.  Not later than the 10th day after
2-26     the date on which the hearing on the amended filing is concluded,
2-27     the commissioner shall approve or disapprove the amended filing.
2-28     Within 30 days after the amended filing is received, the
2-29     commissioner shall approve without changes, approve as modified by
2-30     the commissioner, or disapprove an amended filing or it is deemed
2-31     approved.  The requirements imposed under Subdivisions (5) and (6)
2-32     [and (7)] of this subsection apply to a hearing conducted under
2-33     this subdivision.
2-34                 (8) [(9)]  In conjunction with the review of a filing
2-35     or amended filing, the commissioner may request the Association to
2-36     provide additional supporting information relating to the filing or
2-37     amended filing, and any interested person may file a written
2-38     request with the commissioner for additional supporting information
2-39     relating to the filing or amended filing.  A request under this
2-40     subdivision must be reasonable and must be directly related to the
2-41     filing or amended filing.  The commissioner shall submit to the
2-42     Association all requests for additional supporting information made
2-43     under this subdivision for the commissioner's use and the use of
2-44     any interested person.  Unless a different period is requested by
2-45     the Association and approved by the commissioner, the [The]
2-46     Association shall provide the information to the commissioner not
2-47     later than the fifth day after the date on which the written
2-48     request for additional supporting information is delivered to the
2-49     Association.  The department shall notify an interested person who
2-50     has requested additional information of the availability of the
2-51     information not later than one business day after the date on which
2-52     the commissioner receives the information from the Association.
2-53                 (9) [(10)]  A rate established and authorized by the
2-54     commissioner [filing made] under this subsection may not reflect an
2-55     average [annual premium] rate change that is more than 10 [15]
2-56     percent [(]higher or lower than[) of] the rate for commercial or 10
2-57     percent higher or lower than the rate for noncommercial windstorm
2-58     and hail insurance in effect on the date the filing is made.  The
2-59     rate may not reflect a rate change for an individual rating class
2-60     that is 15 percent higher or lower than the rate for that
2-61     individual class in effect on the date the filing is made.  The [in
2-62     each rate classification in effect on September 1, 1995.  This
2-63     subdivision expires January 1, 2003, provided however, that the]
2-64     commissioner may, after notice and hearing, suspend this
2-65     subdivision upon a finding that a catastrophe loss or series of
2-66     occurrences resulting in losses in the catastrophe area justify a
2-67     need to assure rate adequacy in the catastrophe area and also
2-68     justify a need to assure availability of insurance outside the
2-69     catastrophe area.  This subdivision expires December 31, 2005.
 3-1                 (10) [(11)]  If valid flood or rising water insurance
 3-2     coverage exists and is maintained on any risk being insured in the
 3-3     pool, the commissioner may provide for a rate and reduction in rate
 3-4     of premium as may be appropriate.
 3-5                 (11) [(12)]  The catastrophe element used to develop
 3-6     [of extended coverage] rates [promulgated or filed by the
 3-7     commissioner] under this Act applicable to [commercial] risks
 3-8     written by the Association shall be uniform throughout the seacoast
 3-9     territory. The catastrophe element of the rates must be developed
3-10     using:
3-11                       (A)  90 percent of both the [and shall be based
3-12     on all] monoline extended coverage loss experience and related
3-13     premium income for [of] all [regulated] insurers, other than
3-14     [authorized to do business in this state, including] the
3-15     Association, for covered property located in the seacoast
3-16     territory[,] using not less than the most recent 30 years of
3-17     [years'] experience available; and
3-18                       (B)  100 percent of both the loss experience and
3-19     related premium income for the Association for covered property
3-20     using not less than the most recent 30 years of experience
3-21     available.
3-22                 (12)  The noncatastrophe element of the noncommercial
3-23     rates must be developed using:
3-24                       (A)  90 percent of both the monoline extended
3-25     coverage loss experience and related premium income for all
3-26     insurers, other than the Association, for covered property located
3-27     in the catastrophe area of the seacoast territory using the most
3-28     recent 10 years of experience available; and
3-29                       (B)  100 percent of both the loss experience and
3-30     related premium income for the Association for covered property
3-31     using the most recent 10 years of experience available.
3-32                 (13)  The noncatastrophe element of the commercial
3-33     rates must be developed using 100 percent of both the loss
3-34     experience and related premium income for the Association for
3-35     covered property using the most recent 10 years of experience
3-36     available.
3-37                 (14)  Surcharges collected in the past and used in the
3-38     development of current [manual] rates may not be excluded from
3-39     future rate development as long as those surcharges were collected
3-40     during the experience period considered [used] by the commissioner.
3-41                 (15)  Not earlier than March 31 of the year before the
3-42     year in which a filing is to be made, the department shall value
3-43     the loss and loss adjustment expense data to be used for the
3-44     filing.
3-45                 (16)  Not later than June 1 of each year, the
3-46     department shall provide the experience data to be used in
3-47     establishing the rates under this subsection in that year to the
3-48     Association and other interested persons.  On request from the
3-49     department, an insurer shall provide the data to the department or
3-50     the department may obtain the data from a designated statistical
3-51     agent, as defined by Section 38.201 of this code.
3-52                 (17) [(13)]  The association shall either establish a
3-53     reinsurance program approved by the Texas Department of Insurance
3-54     or make payments into the catastrophe reserve trust fund
3-55     established under Subsection (i) of this section.  With the
3-56     approval of the Texas Department of Insurance, the association may
3-57     establish a reinsurance program that operates in addition to or in
3-58     concert with the catastrophe reserve trust fund established under
3-59     Subsection (i) of this section.
3-60           SECTION 2. This Act takes effect September 1, 2001.
3-61                                  * * * * *