77R9358 PB-D                           
         By Smithee                                            H.B. No. 1945
         Substitute the following for H.B. No. 1945:
         By Smithee                                        C.S.H.B. No. 1945
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the rulemaking authority of the commissioner of
 1-3     insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading to Chapter 36, Insurance Code, is
 1-6     amended to read as follows:
 1-7                CHAPTER 36. DEPARTMENT [RULES AND] PROCEDURES
 1-8           SECTION 2. Subtitle A, Title 2, Insurance Code, is amended by
 1-9     adding Chapter 41 to read as follows:
1-10                        CHAPTER 41.  DEPARTMENT RULES
1-11                     SUBCHAPTER B.  EMERGENCY RULEMAKING
1-12           Sec. 41.051.  EMERGENCY RULEMAKING AUTHORITY OF COMMISSIONER.
1-13     (a)  Notwithstanding Subchapter A or any other insurance law of
1-14     this state, the commissioner may adopt emergency rules as provided
1-15     by this subchapter.
1-16           (b)  The commissioner may adopt emergency rules as provided
1-17     by this subchapter if the commissioner determines, based on good
1-18     cause, that an emergency exists in the business of insurance or
1-19     another business regulated by the department under this code or
1-20     another insurance law of this state.  For purposes of this
1-21     subsection, an emergency exists if changes in federal laws or
1-22     regulations or unexpected changes in market conditions threaten the
1-23     ability of:
1-24                 (1)  residents of this state to obtain or retain
 2-1     insurance coverage or other coverage regulated by the department;
 2-2     or
 2-3                 (2)  insurers to provide insurance coverage or other
 2-4     coverage regulated by the department.
 2-5           (c)  The commissioner may not exercise emergency rulemaking
 2-6     authority under this subchapter during a regular session of the
 2-7     legislature.
 2-8           Sec. 41.052.  REQUIREMENTS FOR EMERGENCY RULES. (a)  To adopt
 2-9     an emergency rule under this subchapter, the commissioner must:
2-10                 (1)  declare an emergency in the business of insurance
2-11     or another business regulated by the department;
2-12                 (2)  propose an emergency rule that specifies a remedy
2-13     for the particular circumstances resulting in the emergency; and
2-14                 (3)  schedule a public hearing on the proposed
2-15     emergency rule, with public notice and notice to the governor,
2-16     lieutenant governor, and speaker of the house of representatives.
2-17           (b)  An emergency rule adopted under this subchapter takes
2-18     effect on the last day of the hearing required under Subsection (a)
2-19     and expires on the last day of the regular legislative session that
2-20     occurs after the adoption of the emergency rule unless legislative
2-21     authorization for the rule is granted during that legislative
2-22     session.
2-23           SECTION 3. Subchapter A, Chapter 36, Insurance Code, is
2-24     redesignated as Subchapter A, Chapter 41, Insurance Code, and
2-25     amended to read as follows:
2-26                  SUBCHAPTER A. GENERAL RULEMAKING [RULES]
2-27           Sec. 41.001 [36.001].  RULES FOR GENERAL AND UNIFORM
 3-1     APPLICATION. (a)  The commissioner may adopt rules for the conduct
 3-2     and execution of the powers and duties of the department only as
 3-3     authorized by statute.
 3-4           (b)  Rules adopted under this section must have general and
 3-5     uniform application.
 3-6           (c)  The commissioner shall publish the rules in a format
 3-7     organized by subject matter.  The published rules shall be kept
 3-8     current and be available in a form convenient to any interested
 3-9     person.
3-10           Sec. 41.002 [36.002].  FISCAL IMPACT OF CERTAIN DEPARTMENT
3-11     RULES. (a)  A rule adopted by the commissioner under Chapter 2001,
3-12     Government Code, is void if:
3-13                 (1)  the fiscal note or the public benefit-cost note
3-14     required by Section 2001.024, Government Code, does not accurately
3-15     state the reasonable actual costs required; and
3-16                 (2)  the reasonable actual costs required exceed the
3-17     stated costs by at least 25 percent.
3-18           (b)  A rule that is void under this section is void beginning
3-19     on the date the rule is adopted.
3-20           Sec. 41.003 [36.003].  RULES RESTRICTING ADVERTISING OR
3-21     COMPETITIVE BIDDING. The commissioner may not adopt rules
3-22     restricting advertising or competitive bidding by a person
3-23     regulated by the department except to prohibit false, misleading,
3-24     or deceptive practices by the person.
3-25           Sec. 41.004 [36.004].  COMPLIANCE WITH NATIONAL ASSOCIATION
3-26     OF INSURANCE COMMISSIONERS REQUIREMENTS. The department may not
3-27     require an insurer to comply with a rule, regulation, directive, or
 4-1     standard adopted by the National Association of Insurance
 4-2     Commissioners, including a rule, regulation, directive, or standard
 4-3     relating to policy reserves, unless application of the rule,
 4-4     regulation, directive, or standard is expressly authorized by
 4-5     statute and approved by the commissioner.
 4-6           SECTION 4. This Act takes effect September 1, 2001, and
 4-7     applies only to a rule adopted by the commissioner of insurance on
 4-8     or after that date.