77R11414 E                           
         By Brimer, Eiland, Wise                               H.B. No. 1195
         Substitute the following for H.B. No. 1195:
         By Eiland                                         C.S.H.B. No. 1195
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to rates, forms, and maintenance taxes for commercial
 1-3     automobile insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5          ARTICLE 1.  AMENDMENTS EFFECTIVE UNTIL SEPTEMBER 1, 2005
 1-6           SECTION 1.01. Sections 1 and 2, Article 5.13-2, Insurance
 1-7     Code, are amended to read as follows:
 1-8           Sec. 1.  PURPOSE.  (a)  This article governs the regulation
 1-9     of general liability, commercial automobile, commercial property,
1-10     [which shall include farm and ranch owners and farm and ranch
1-11     policies,] all commercial casualty, and medical professional
1-12     liability insurance rates and forms.  It does not govern personal
1-13     automobile insurance or[,] fidelity, surety, or guaranty bonds.
1-14           (b)  The purposes of this article are to:
1-15                 (1)  promote the public welfare by regulating insurance
1-16     rates to prohibit excessive, inadequate, or unfairly discriminatory
1-17     rates;
1-18                 (2)  promote availability of insurance;
1-19                 (3)  promote price competition among insurers to
1-20     provide rates and premiums that are responsive to competitive
1-21     market conditions;
1-22                 (4)  prohibit price-fixing agreements and other
1-23     anticompetitive behavior by insurers;
1-24                 (5)  regulate the insurance forms used for lines of
 2-1     insurance subject to this article to ensure that they are not
 2-2     unjust, unfair, inequitable, misleading, or deceptive; and
 2-3                 (6)  provide regulatory procedures for the maintenance
 2-4     of appropriate information reporting systems.
 2-5           Sec. 2.  SCOPE.  This article applies to all lines of general
 2-6     liability, commercial automobile, commercial property, all
 2-7     commercial casualty, and medical professional liability insurance
 2-8     written under policies or contracts of insurance issued by a
 2-9     licensed insurer, other than a fidelity, surety, or guaranty bond
2-10     [or an automobile insurance policy].
2-11           SECTION 1.02. Section 5, Article 5.13-2, Insurance Code, is
2-12     amended by amending Subsection (a)  and adding Subsections (f) and
2-13     (g) to read as follows:
2-14           (a)  Except as provided by Subsection (f) of this section,
2-15     each [Each] insurer shall file with the commissioner all rates,
2-16     supplementary rating information, and reasonable and pertinent
2-17     supporting information for risks written in this state.
2-18           (f)  Subsections (a), (b), (c), (d), (e), and (g) of this
2-19     section do not apply to an insurance policy sold to a large
2-20     commercial automobile risk.  In this subsection, "large commercial
2-21     automobile risk" means:
2-22                 (1)  an insured that has total insured property values
2-23     of $5 million or more;
2-24                 (2)  an insured that has total annual gross revenues of
2-25     $10 million or more; or
2-26                 (3)  an insured that has a total premium of $25,000 or
2-27     more for property insurance, $25,000 or more for general liability
 3-1     insurance, $25,000 or more for commercial automobile insurance, or
 3-2     $50,000 or more for multiperil insurance.
 3-3           (g)  A commercial automobile insurance rate may not be used
 3-4     without the prior approval of the commissioner.  A filing made by
 3-5     an insurer subject to the approval of the commissioner under this
 3-6     subsection is considered approved unless the commissioner
 3-7     disapproves the filing not later than the 60th day after the date
 3-8     of filing, or if the commissioner requests additional information
 3-9     regarding the filing, not later than the 60th day after the date
3-10     the commissioner receives the response to the request for
3-11     additional information.  This subsection expires September 1, 2003.
3-12           SECTION 1.03. Section 8, Article 5.13-2, Insurance Code, is
3-13     amended by amending Subsection (f) and adding Subsections (g), (h),
3-14     and (i) to read as follows:
3-15           (f)  Policy forms for use with large risks are exempt from
3-16     the requirements of Subsections (a), (b), and (e) of this section.
3-17           (g)  For purposes of this section [subsection], "large risk"
3-18     means:
3-19                 (1)  an insured that has total insured property values
3-20     of $5 million or more;
3-21                 (2)  an insured that has total annual gross revenues of
3-22     $10 million or more; or
3-23                 (3)  an insured that has a total premium of $25,000 or
3-24     more for property insurance, $25,000 or more for general liability
3-25     insurance, $25,000 or more for commercial automobile insurance, or
3-26     $50,000 or more for multiperil insurance.
3-27           (h)  A commercial automobile insurance policy form used for a
 4-1     large risk must contain language similar to the following:  "This
 4-2     policy is exempt from the rate filing and policy form approval
 4-3     requirements of Article 5.13-2, Insurance Code."
 4-4           (i)  A commercial automobile insurance policy delivered or
 4-5     issued for delivery in this state must be accompanied by an outline
 4-6     that summarizes the coverage and other relevant information
 4-7     provided by the policy.  The commissioner shall prescribe the
 4-8     content and format of the outline, including the style,
 4-9     arrangement, overall appearance, size, color,  prominence of type,
4-10     and arrangement of text and captions.  The outline must include:
4-11                 (1)  a description of the principal coverages provided
4-12     in the policy;
4-13                 (2)  a statement of any exceptions or limits contained
4-14     in the policy;
4-15                 (3)  a statement of the renewal provision, including
4-16     any reservation by the insurer of a right to change premiums;
4-17                 (4)  a statement that the outline is a summary of the
4-18     policy issued or applied for and that the policy should be
4-19     consulted to determine governing contractual provisions;
4-20                 (5)  a statement that it is not the policy for which
4-21     the application was made, if the policy is issued on a basis other
4-22     than that applied for; and
4-23                 (6)  any other statements, descriptions, or other
4-24     information that the commissioner determines is reasonably
4-25     necessary to carry out the purposes of this article.
4-26           SECTION 1.04. Article 5.13-2, Insurance Code, is amended by
4-27     adding Section 11 to read as follows:
 5-1           Sec. 11.  RULES. The commissioner may adopt rules necessary
 5-2     to implement this article.
 5-3           SECTION 1.05. Article 5.01(f), Insurance Code, is amended to
 5-4     read as follows:
 5-5           (f)  Notwithstanding Subsections (a) through (d) of this
 5-6     article, [on and after March 1, 1992,] rates for motor vehicle
 5-7     insurance in this state are determined as provided by Article
 5-8     5.13-2 of this code or by the flexible rating program adopted under
 5-9     Subchapter M  of this chapter, as applicable.
5-10           SECTION 1.06. Article 5.01-2(b), Insurance Code, is amended
5-11     to read as follows:
5-12           (b)  Rates [On and after March 1, 1992, rates] for motor
5-13     vehicle insurance written by a Lloyd's plan insurer or a reciprocal
5-14     or interinsurance exchange are determined as provided by Article
5-15     5.13-2 of this code or by the flexible rating program adopted under
5-16     Subchapter M of this chapter, as applicable.
5-17           SECTION 1.07. Article 5.03(g), Insurance Code, is amended to
5-18     read as follows:
5-19           (g)  Notwithstanding Subsections [Sections] (a) through (e)
5-20     of this article, [on and after March 1, 1992,] rates for motor
5-21     vehicles are determined as provided by Article 5.13-2 of this code
5-22     or by the flexible rating program adopted under Subchapter M of
5-23     this chapter, as applicable.
5-24           SECTION 1.08. Article 5.04(c), Insurance Code, is amended to
5-25     read as follows:
5-26           (c)  Notwithstanding Subsections (a) and (b) of this article,
5-27     [on and after March 1, 1992,] rates for motor vehicles are
 6-1     determined as provided by Article 5.13-2 of this code or by the
 6-2     flexible rating program adopted under Subchapter M of this chapter,
 6-3     as applicable.
 6-4           SECTION 1.09. Article 5.06, Insurance Code, is amended by
 6-5     adding Subsection (11) to read as follows:
 6-6           (11)  This article does not apply to forms used by insurers
 6-7     for commercial automobile insurance.
 6-8           SECTION 1.10. Article 5.09(c), Insurance Code, is amended to
 6-9     read as follows:
6-10           (c)  Notwithstanding Subsection (a) of this article, [on and
6-11     after March 1, 1992,] rates for motor vehicles are determined as
6-12     provided by Article 5.13-2 of this code or by the flexible rating
6-13     program adopted under Subchapter M of this chapter, as applicable. 
6-14           SECTION 1.11. Article 5.11(c), Insurance Code, is amended to
6-15     read as follows:
6-16           (c)  Notwithstanding Subsections (a) and (b) of this article,
6-17     [on and after March 1, 1992,] rates for motor vehicles are
6-18     determined as provided by Article 5.13-2 of this code or by the
6-19     flexible rating program adopted under Subchapter M of this chapter,
6-20     as applicable.
6-21           SECTION 1.12. Article 5.12(a), Insurance Code, is amended to
6-22     read as follows:
6-23           (a)  The State of Texas by and through the commissioner shall
6-24     annually determine the rate of assessment of a maintenance tax to
6-25     be paid on an annual or semiannual basis, as determined by the
6-26     comptroller.  The rate of assessment may not exceed one-fifth of
6-27     one percent of the correctly reported gross motor vehicle insurance
 7-1     premiums of all authorized insurers writing motor vehicle
 7-2     insurance, other than commercial automobile insurance, in this
 7-3     state.  The comptroller shall collect the maintenance tax.
 7-4           SECTION 1.13. Article 5.14(b), Insurance Code, is amended to
 7-5     read as follows:
 7-6           (b)  Notwithstanding Subsection (a) of this article, [on and
 7-7     after October 1, 1991,] rates and forms for general liability,
 7-8     commercial automobile, and commercial property insurance coverage
 7-9     subject to  this subchapter are determined as provided by Article
7-10     5.13-2 of this code.
7-11           SECTION 1.14. Article 5.15(h), Insurance Code, is amended to
7-12     read as follows:
7-13           (h)  Notwithstanding Subsections (a)-(g) of this article,
7-14     rates for general liability, commercial automobile, commercial
7-15     property, and all  commercial casualty insurance coverage under
7-16     this article are determined, and hearings related to those rates
7-17     are conducted, as provided by Article 5.13-2 of this code.
7-18           SECTION 1.15. Article 5.24(a), Insurance Code, is amended to
7-19     read as follows:
7-20           (a)  The State of Texas by and through the commissioner shall
7-21     annually determine the rate of assessment of a maintenance tax to
7-22     be paid on an annual or semiannual basis, as determined by the
7-23     comptroller.  The rate of assessment may not exceed two-fifths of
7-24     one percent of the correctly reported gross premiums of all classes
7-25     of insurance covered by this subchapter, other than commercial
7-26     automobile insurance, of all authorized insurers writing those
7-27     classes of  insurance in this state.  The rate of assessment may
 8-1     not exceed one-fifth of one percent of the correctly reported gross
 8-2     premiums of all insurers writing commercial automobile insurance in
 8-3     this state.  The comptroller shall collect the maintenance tax.
 8-4           SECTION 1.16. Article 5.96(a-1), Insurance Code, is amended
 8-5     to read as follows:
 8-6           (a-1)  This article does not apply to commercial automobile
 8-7     insurance. Except as provided by Section 5(d), Article 5.101, of
 8-8     this code, this  article does not apply to the setting of benchmark
 8-9     rates for motor vehicle insurance and fire and allied lines
8-10     insurance under Subchapter M of this chapter.
8-11           SECTION 1.17. Section 1, Article 5.101, Insurance Code, is
8-12     amended to read as follows:
8-13           Sec. 1.  PURPOSE.  (a)  The program on flexible rating is
8-14     designed to help stabilize the rates charged for insurance in lines
8-15     of property and casualty insurance covered by Subchapters A and C
8-16     of this chapter.
8-17           (b)  This article does not apply to:
8-18                 (1)  ocean marine insurance;
8-19                 (2)  inland marine insurance;
8-20                 (3)  fidelity, surety and guaranty bond insurance;
8-21                 (4)  errors and omissions insurance;
8-22                 (5)  directors' and officers' liability insurance;
8-23                 (6)  general liability insurance;
8-24                 (7)  commercial property insurance or commercial
8-25     automobile insurance;
8-26                 (8)  workers' compensation insurance;
8-27                 (9)  professional liability insurance for physicians
 9-1     and health care providers as defined in Article 5.15-1 of this
 9-2     code;  or
 9-3                 (10)  attorney's professional liability insurance.
 9-4           SECTION 1.18. (a)  The commissioner of insurance shall
 9-5     assemble information, conduct hearings, and take any other measures
 9-6     necessary to assess changes in the insurance marketplace resulting
 9-7     from the implementation of this article in relation to commercial
 9-8     automobile insurance.
 9-9           (b)  Not later than January 1 of each odd-numbered year, the
9-10     commissioner shall report on the assessment made under Subsection
9-11     (a)  of this section and include recommendations to the
9-12     legislature. The commissioner shall provide the report to:
9-13                 (1)  the presiding officer of each house of the
9-14     legislature; and
9-15                 (2)  the presiding officer of each committee in the
9-16     legislature that has primary jurisdiction over the Texas Department
9-17     of Insurance.
9-18           SECTION 1.19. Section 5.01B, Insurance Code, is repealed.
9-19           SECTION 1.20. (a)  This article takes effect September 1,
9-20     2001, and applies only to an insurance policy that is delivered,
9-21     issued for delivery, or renewed on or after January 1, 2002.  A
9-22     policy that is delivered, issued for delivery, or renewed before
9-23     January 1, 2002, is governed by the law as it existed immediately
9-24     before the effective date of this article, and that law is
9-25     continued in effect for this purpose.
9-26           (b)  This article expires September 1, 2005.
9-27        ARTICLE 2. REENACTMENT OF LAW EFFECTIVE ON SEPTEMBER 1, 2005
 10-1          SECTION 2.01. Sections 1 and 2, Article 5.13-2, Insurance
 10-2    Code, are reenacted to read as follows:
 10-3          Sec. 1.  PURPOSE.  This article governs the regulation of
 10-4    general liability, commercial property, which shall include farm
 10-5    and ranch owners and farm and ranch policies, all commercial
 10-6    casualty, and medical professional liability insurance rates and
 10-7    forms.  It does not govern automobile, fidelity, surety, or
 10-8    guaranty bonds.  The purposes of this article are to:
 10-9                (1)  promote the public welfare by regulating insurance
10-10    rates to prohibit excessive, inadequate, or unfairly discriminatory
10-11    rates;
10-12                (2)  promote availability of insurance;
10-13                (3)  promote price competition among insurers to
10-14    provide rates and premiums that are responsive to competitive
10-15    market conditions;
10-16                (4)  prohibit price-fixing agreements and other
10-17    anticompetitive behavior by insurers;
10-18                (5)  regulate the insurance forms used for lines of
10-19    insurance subject to this article to ensure that they are not
10-20    unjust, unfair, inequitable, misleading, or deceptive; and
10-21                (6)  provide regulatory procedures for the maintenance
10-22    of appropriate information reporting systems.
10-23          Sec. 2.  SCOPE.  This article applies to all lines of general
10-24    liability, commercial property, all commercial casualty, and
10-25    medical professional liability insurance written under policies or
10-26    contracts of insurance issued by a licensed insurer, other than a
10-27    fidelity, surety, or guaranty bond or an automobile insurance
 11-1    policy.
 11-2          SECTION 2.02. Section 5(a), Article 5.13-2, Insurance Code,
 11-3    is reenacted to read as follows:
 11-4          (a)  Each insurer shall file with the commissioner all rates,
 11-5    supplementary rating information, and reasonable and pertinent
 11-6    supporting information for risks written in this state.
 11-7          SECTION 2.03. Section 8(f), Article 5.13-2, Insurance Code,
 11-8    is reenacted to read as follows:
 11-9          (f)  Policy forms for use with large risks are exempt from
11-10    the requirements of Subsections (a), (b), and (e) of this section.
11-11    For purposes of this subsection, "large risk" means:
11-12                (1)  an insured that has total insured property values
11-13    of $5 million or more;
11-14                (2)  an insured that has total annual gross revenues of
11-15    $10 million or more; or
11-16                (3)  an insured that has a total premium of $25,000 or
11-17    more for property insurance, $25,000 or more for general liability
11-18    insurance, or $50,000 or more for multiperil insurance.
11-19          SECTION 2.04. Article 5.01(f), Insurance Code, is reenacted
11-20    to read as follows:
11-21          (f)  Notwithstanding Subsections (a)  through (d) of this
11-22    article, on and after March 1, 1992, rates for motor vehicle
11-23    insurance in this state are determined as provided by the flexible
11-24    rating program adopted under Subchapter M of this chapter.
11-25          SECTION 2.05. Article 5.01-2(b), Insurance Code, is reenacted
11-26    to read as follows:
11-27          (b)  On and after March 1, 1992, rates for motor vehicle
 12-1    insurance written by a Lloyd's plan insurer or a reciprocal or
 12-2    interinsurance exchange are determined as provided by the flexible
 12-3    rating program adopted under Subchapter M of this chapter.
 12-4          SECTION 2.06. Article 5.03(g), Insurance Code, is reenacted
 12-5    to read as follows:
 12-6          (g)  Notwithstanding Sections (a)  through (e) of this
 12-7    article, on and after March 1, 1992, rates for motor vehicles are
 12-8    determined as provided by Subchapter M of this chapter.
 12-9          SECTION 2.07. Article 5.04(c), Insurance Code, is reenacted
12-10    to read as follows:
12-11          (c)  Notwithstanding Subsections (a)  and (b) of this
12-12    article, on and after March 1, 1992, rates for motor vehicles are
12-13    determined as provided by Subchapter M of this chapter.
12-14          SECTION 2.08. Article 5.09(c), Insurance Code, is reenacted
12-15    to read as follows:
12-16          (c)  Notwithstanding Subsection (a)  of this article, on and
12-17    after March 1, 1992, rates for motor vehicles are determined as
12-18    provided by Subchapter M of this chapter.
12-19          SECTION 2.09. Article 5.11(c), Insurance Code, is reenacted
12-20    to read as follows:
12-21          (c)  Notwithstanding Subsections (a)  and (b) of this
12-22    article, on and after March 1, 1992, rates for motor vehicles are
12-23    determined as provided by Subchapter M of this chapter.
12-24          SECTION 2.10. Article 5.12(a), Insurance Code, is reenacted
12-25    to read as follows:
12-26          (a)  The State of Texas by and through the commissioner shall
12-27    annually determine the rate of assessment of a maintenance tax to
 13-1    be paid on an annual or semiannual basis, as determined by the
 13-2    comptroller.  The rate of assessment may not exceed one-fifth of
 13-3    one percent of the correctly reported gross motor vehicle insurance
 13-4    premiums of all authorized insurers writing motor vehicle insurance
 13-5    in this state.  The comptroller shall collect the maintenance tax.
 13-6          SECTION 2.11. Article 5.14(b), Insurance Code, is reenacted
 13-7    to read as follows:
 13-8          (b)  Notwithstanding Subsection (a)  of this article, on and
 13-9    after October 1, 1991, rates and forms for general liability and
13-10    commercial property insurance coverage subject to this subchapter
13-11    are determined as provided by Article 5.13-2 of this code.
13-12          SECTION 2.12. Article 5.15(h), Insurance Code, is reenacted
13-13    to read as follows:
13-14          (h)  Notwithstanding Subsections (a)-(g) of this article,
13-15    rates for general liability, commercial property, and all
13-16    commercial casualty insurance coverage under this article are
13-17    determined, and hearings related to those rates are conducted, as
13-18    provided by Article 5.13-2 of this code.
13-19          SECTION 2.13. Article 5.24(a), Insurance Code, is reenacted
13-20    to read as follows:
13-21          (a)  The State of Texas by and through the commissioner shall
13-22    annually determine the rate of assessment of a maintenance tax to
13-23    be paid on an annual or semiannual basis, as determined by the
13-24    comptroller.  The rate of assessment may not exceed two-fifths of
13-25    one percent of the correctly reported gross premiums of all classes
13-26    of insurance covered by this subchapter of all authorized insurers
13-27    writing those classes of insurance in this state.  The comptroller
 14-1    shall collect the maintenance tax.
 14-2          SECTION 2.14. Article 5.96(a-1), Insurance Code, is reenacted
 14-3    to read as follows:
 14-4          (a-1)  Except as provided by Section 5(d), Article 5.101, of
 14-5    this code, this article does not apply to the setting of benchmark
 14-6    rates for motor vehicle insurance and fire and allied lines
 14-7    insurance under Subchapter M of this chapter.
 14-8          SECTION 2.15. Section 1, Article 5.101, Insurance Code, is
 14-9    reenacted to read as follows:
14-10          Sec. 1.  PURPOSE. The program on flexible rating is designed
14-11    to help stabilize the rates charged for insurance in lines of
14-12    property and casualty insurance covered by Subchapters A and C of
14-13    this chapter.  This article does not apply to:
14-14                (1)  ocean marine insurance;
14-15                (2)  inland marine insurance;
14-16                (3)  fidelity, surety and guaranty bond insurance;
14-17                (4)  errors and omissions insurance;
14-18                (5)  directors' and officers' liability insurance;
14-19                (6)  general liability insurance;
14-20                (7)  commercial property insurance;
14-21                (8)  workers' compensation insurance;
14-22                (9)  professional liability insurance for physicians
14-23    and health care providers as defined in Article 5.15-1 of this
14-24    code; or
14-25                (10)  attorney's professional liability insurance.
14-26          SECTION 2.16. Section 5.01B, Insurance Code, is reenacted and
14-27    amended to read as follows:
 15-1          Art. 5.01B.  PUBLIC INFORMATION. (a)  Information filed or
 15-2    otherwise provided by an insurer to the department [State Board of
 15-3    Insurance] for the purpose of determining, fixing, prescribing,
 15-4    promulgating, altering, or amending commercial automobile liability
 15-5    insurance rates under Article 5.01 of this code, obtaining a rate
 15-6    deviation under Article 5.03 of this code, or reporting losses
 15-7    under Article 5.04-1 of this code is public information unless it
 15-8    is exempt under Chapter 551, Government Code [Section 3(a), Chapter
 15-9    424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
15-10    6252-17a, Vernon's Texas Civil Statutes)], or Section (b) of this
15-11    article.
15-12          (b)  Information provided with an application under Section
15-13    (d), Article 5.03, of this code is exempt from the disclosure
15-14    requirements of this article.
15-15          SECTION 2.17. Rates for commercial automobile insurance may
15-16    not be increased for a period of two years after the effective date
15-17    of this Act.
15-18          SECTION 2.18. This article takes effect September 1, 2005,
15-19    and applies only to an insurance policy that is delivered, issued
15-20    for delivery, or renewed on or after January 1, 2006.
15-21    Notwithstanding Section 1.20(b) of this Act, a policy that is
15-22    delivered, issued for delivery, or renewed before January 1, 2006,
15-23    is governed by the law as it existed immediately before September
15-24    1, 2005, and that law is continued in effect for that purpose.