By Thompson, Moreno of Harris, et al.                 H.B. No. 2159
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to premium rates and minimum reserves for credit life and
 1-3     accident and health insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 3, Article 3.28, Insurance Code, is
 1-6     amended to read as follows:
 1-7           Sec. 3.  Computation of Minimum Standard. The minimum
 1-8     standard for the valuation of all such policies and contracts
 1-9     issued prior to the operative date of Article 3.44a (the Standard
1-10     Nonforfeiture Law for Life Insurance)  shall be that provided in
1-11     Section 12 of this article.  Except as otherwise provided in
1-12     Sections 4 and 5 of this article, the minimum standard for the
1-13     valuation of all such policies and contracts issued on or after the
1-14     operative date of Article 3.44a (the Standard Nonforfeiture Law for
1-15     Life Insurance) shall be the commissioners reserve valuation
1-16     methods defined in Sections 6, 7, and 10 of this article, three and
1-17     one-half per cent (3 1/2%) interest; in the case of policies and
1-18     contracts, other than annuity and pure endowment contracts, issued
1-19     on or after June 14, 1973, four per cent (4%) interest for such
1-20     policies issued prior to August 29, 1977; or five and one-half per
1-21     cent (5 1/2%) interest for single premium life insurance policies
1-22     and four and one-half per cent (4 1/2%) interest for all other such
1-23     policies issued on and after August 29, 1977, and the following
1-24     tables:
 2-1           (a)  For all ordinary policies of life insurance issued on
 2-2     the standard basis, excluding any disability and accidental death
 2-3     benefits in such policies, the Commissioners 1941 Standard Ordinary
 2-4     Mortality Table for such policies issued prior to the operative
 2-5     date of Section 6 of the Standard Nonforfeiture Law for Life
 2-6     Insurance, as amended, the Commissioners 1958 Standard Ordinary
 2-7     Mortality Table for such policies issued on or after the operative
 2-8     date of Section 6 of the Standard Nonforfeiture Law for Life
 2-9     Insurance, as amended, and prior to the operative date of Section 8
2-10     of the Standard Nonforfeiture Law for Life Insurance, as amended,
2-11     provided that for any category of such policies issued on female
2-12     risks, all modified net premiums and present values referred to in
2-13     this Act may be calculated according to an age not more than three
2-14     years younger than the actual age of the insured for policies
2-15     issued prior to August 29, 1977 and not more than six years younger
2-16     than the actual age of the insured for policies issued on and after
2-17     August 29, 1977; and for such policies issued on or after the
2-18     operative date of Section 8 of the Standard Nonforfeiture Law for
2-19     Life Insurance, as amended, (i) the Commissioners 1980 Standard
2-20     Ordinary Mortality Table, or (ii) at the election of the company
2-21     for any one or more specified plans of life insurance, the
2-22     Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year
2-23     Select Mortality Factors, or (iii) any ordinary mortality table
2-24     adopted after 1980 by the National Association of Insurance
2-25     Commissioners that is approved by regulation promulgated by the
2-26     State Board of Insurance for use in determining the minimum
2-27     standard valuation for such policies.
 3-1           (b)  For all industrial life insurance policies issued on the
 3-2     standard basis, excluding any disability and accidental death
 3-3     benefits in such policies, the 1941 Standard Industrial Mortality
 3-4     Table for such policies issued prior to the operative date of
 3-5     Section 7 of the Standard Nonforfeiture Law for Life Insurance, as
 3-6     amended, and for such policies issued on or after such operative
 3-7     date, the Commissioners 1961 Standard Industrial Mortality Table or
 3-8     any industrial mortality table adopted after 1980 by the National
 3-9     Association of Insurance Commissioners that is approved by
3-10     regulation promulgated by the State Board of Insurance for use in
3-11     determining the minimum standard of valuation for such policies.
3-12           (c)  For individual annuity and pure endowment contracts,
3-13     excluding any disability and accidental death benefits in such
3-14     policies, the 1937 Standard Annuity Mortality Table, or, at the
3-15     option of the company, the Annuity Mortality Table for 1949,
3-16     Ultimate, or any modification of either of these tables approved by
3-17     the State Board of Insurance.
3-18           (d)  For group annuity and pure endowment contracts,
3-19     excluding any disability and accidental death benefits in such
3-20     policies, the Group Annuity Mortality Table for 1951, any
3-21     modification of such table approved by the State Board of
3-22     Insurance, or, at the option of the company, any of the tables or
3-23     modifications of tables specified for individual annuity and pure
3-24     endowment contracts.
3-25           (e)  For total and permanent disability benefits in or
3-26     supplementary to ordinary policies or contracts, for policies or
3-27     contracts issued on or after January 1, 1966, the tables of Period
 4-1     2 disablement rates and the 1930 to 1950 termination rates of the
 4-2     1952 Disability Study of the Society of Actuaries, with due regard
 4-3     to the type of benefit, or any tables of disablement rates and
 4-4     termination rates adopted after 1980 by the National Association of
 4-5     Insurance Commissioners that are approved by regulation promulgated
 4-6     by the State Board of Insurance for use in determining the minimum
 4-7     standard of valuation for such policies; for policies or contracts
 4-8     issued on or after January 1, 1961, and prior to January 1, 1966,
 4-9     either such tables or, at the option of the company, the Class (3)
4-10     Disability Table (1926); and for policies issued prior to January
4-11     1, 1961, the Class (3) Disability Table (1926).  Any such table
4-12     shall, for active lives, be combined with a mortality table
4-13     permitted for calculating the reserves for life insurance policies.
4-14           (f)  For accidental death benefits in or supplementary to
4-15     policies, for policies issued on or after January 1, 1966, the 1959
4-16     Accidental Death Benefits Table or any accidental death benefits
4-17     table adopted after 1980 by the National Association of Insurance
4-18     Commissioners that is approved by regulation promulgated by the
4-19     State Board of Insurance for use in determining the minimum
4-20     standard of valuation for such policies; for policies issued on or
4-21     after January 1, 1961, and prior to January 1, 1966, either such
4-22     table or, at the option of the company, the Inter-Company Double
4-23     Indemnity Mortality Table; and for policies issued prior to January
4-24     1, 1961, the Inter-Company Double Indemnity Mortality Table.
4-25     Either table shall be combined with a mortality table permitted for
4-26     calculating the reserves for life insurance policies.
4-27           (g)  For group life insurance, life insurance issued on the
 5-1     substandard basis and other special benefits, such tables as may be
 5-2     approved by the State Board of Insurance.
 5-3           (h)  Notwithstanding any other law, the minimum reserve
 5-4     requirements applicable to a credit life policy issued under
 5-5     Article 3.53 of this code are met if, in aggregate, the reserves
 5-6     are maintained at 100 percent of the 1980 Commissioner's Standard
 5-7     Ordinary Mortality Table, with interest not to exceed 5.5 percent,
 5-8     but in no event shall the reserves be less than the unearned
 5-9     premium reserve required for such policies.  The Commissioner may
5-10     use another mortality table adopted after 1980 by the National
5-11     Association of Insurance Commissioners provided the Commissioner
5-12     approves such mortality table by rule.  This subsection expires
5-13     September 1, 2013.
5-14           SECTION 2. (a)  Subsection A, Section 8, Article 3.53,
5-15     Insurance Code, is amended to read as follows:
5-16           A. (1)  Any insurer may revise its schedules of premium rates
5-17     for various classes of business from time to time, and shall file
5-18     such revised schedules and classes of business with the
5-19     commissioner [Commissioner].  No insurer shall issue any credit
5-20     life insurance policy or credit accident and health insurance
5-21     policy for which the premium rate exceeds that determined by the
5-22     schedules and classes of business of such insurer as then on file
5-23     with the commissioner [Commissioner].
5-24                 (2)  The commissioner [State Board of Insurance] may,
5-25     after notice and hearing, by rule adopt [and promulgate] a
5-26     presumptive premium rate for various classes of business and terms
5-27     of coverage [which shall be presumed, subject to a rebuttal of such
 6-1     presumption, to be just, reasonable, adequate, and not excessive].
 6-2     An insurer that does not adopt a different rate under Subdivision
 6-3     (5) of this subsection shall adopt the presumptive rate adopted by
 6-4     the commissioner.  Except as provided in this article, any [Any]
 6-5     hearing conducted or order adopting a presumptive rate pursuant to
 6-6     this section shall be held in accordance with the rulemaking
 6-7     [contested case] provisions of Chapter 2001, Government Code [the
 6-8     Administrative Procedure and Texas Register Act (Article 6252-13a,
 6-9     Vernon's Texas Civil Statutes)].  The commissioner shall set forth
6-10     in his order adopting a presumptive rate findings and conclusions
6-11     on all material issues presented at the hearing.
6-12                 (3)  In determining the presumptive premium rate, the
6-13     commissioner [board] shall consider reasonable acquisition costs,
6-14     loss ratios, and administrative expenses, reserves, loss settlement
6-15     expenses, the type or class of business, the duration of various
6-16     credit transactions, reasonable and adequate profits to the
6-17     insurers, and other relevant data.  The commissioner [board] may
6-18     not set a presumptive premium rate that is unjust, unreasonable,
6-19     inadequate, confiscatory, or excessive to the insurers, the
6-20     insureds, or agents.  The commissioner [board] may not fix or limit
6-21     the amount of compensation actually paid by a company to an agent.
6-22     The commissioner [board] may request information from any insurer
6-23     or agent with respect to compensation paid for the sale of credit
6-24     insurance, expenses, losses, profits, and any other relevant data
6-25     relating to the presumptive premium rate and it is the duty of each
6-26     insurer or agent to provide such information to the commissioner
6-27     [board] in a timely manner.
 7-1                 (4)  Any person aggrieved by the action of the
 7-2     commissioner [board] in the setting of a presumptive rate or any
 7-3     other action taken with regard to the setting of such presumptive
 7-4     rate may, not later than the 30th day after [within 30 days from]
 7-5     the date the commissioner adopts a presumptive rate order, file a
 7-6     petition for judicial review in a district court in Travis County.
 7-7     The scope of judicial review shall be pursuant to Section 2001.174,
 7-8     Government Code [board took the action complained of appeal in
 7-9     accordance with Article 1.04 of this code].
7-10                 (5)  An insurer electing to deviate from the benchmark
7-11     rate shall file with the commissioner the insurer's proposed rate
7-12     for credit life and credit health and accident insurance, including
7-13     commission rates and how those rates are paid or charged.  If the
7-14     proposed rate represents a rate increase, the insurer shall specify
7-15     the amount of and the reason for the increase.  The commissioner
7-16     may reject any rate increase if the commissioner finds that the
7-17     increase is not actuarially justified.  Except as provided by
7-18     Subdivision (6) of this subsection, an insurer may not use a rate
7-19     that is more than 30 percent higher or more than 30 percent lower
7-20     than the presumptive rate.  Except as provided by this section, a
7-21     rate that complies with this subdivision is valid and in compliance
7-22     with the requirements of this section and other applicable law.
7-23                 (6)  An insurer may file with the commissioner a
7-24     proposed rate for credit life and credit accident and health
7-25     insurance that is more than 30 percent higher than or more than 30
7-26     percent lower than the presumptive rate adopted by the commissioner
7-27     under this section.  The commissioner may disapprove a rate filed
 8-1     under this subdivision on the ground that the rate does not comply
 8-2     with the terms of this section.  A rate filed under this
 8-3     subdivision is considered approved and the insurer may use the rate
 8-4     if the rate is not disapproved by the commissioner before the 60th
 8-5     day after the date the insurer filed the rate.
 8-6                 (7)  A rate filed under this section is not excessive
 8-7     unless the rate is unreasonably high for the coverage provided and
 8-8     a reasonable degree of competition does not exist with respect to
 8-9     the classification to which the rate is applicable.  A rate filed
8-10     under this section is not inadequate unless either the rate is
8-11     insufficient to sustain projected losses and expenses, or the rate
8-12     substantially impairs, or is likely to impair substantially,
8-13     competition with respect to the sale of the product.
8-14                 (8)  A hearing under Subdivision (6) shall be a
8-15     contested case hearing conducted under Chapter 2001, Government
8-16     Code.  Judicial review of any action of the commissioner under
8-17     Subdivision (6) shall be governed by Subchapter D, Chapter 36, of
8-18     this code.
8-19           (b)  The changes made by this Act to Subsection A, Section 8,
8-20     Article 3.53, Insurance Code, expire September 1, 2005.
8-21           SECTION 3. (a)  Section 40.003(c), Insurance Code, is amended
8-22     to read as follows:
8-23           (c)  This chapter does not apply to a proceeding conducted
8-24     under Article 1.04D or to a proceeding relating to:
8-25                 (1)  approving or reviewing rates or rating manuals
8-26     filed by an individual company, unless the rates or manuals are
8-27     contested;
 9-1                 (2)  adopting a rule;
 9-2                 (3)  adopting or approving a policy form or policy form
 9-3     endorsement; [or]
 9-4                 (4)  adopting or approving a plan of operation for an
 9-5     organization subject to the jurisdiction of the department; or
 9-6                 (5)  adopting a presumptive rate under Article 3.53.
 9-7           (b)  The changes made by this Act to Section 40.003(c),
 9-8     Insurance Code, expire September 1, 2005.
 9-9           SECTION 4.  Before January 31, 2005, the commissioner of
9-10     insurance, in consultation with the office of public insurance
9-11     counsel, shall submit a report to the 79th Legislature regarding
9-12     the effect of the changes made by this Act to Article 3.53,
9-13     Insurance Code, on rates for credit life and accident and health
9-14     insurance in this state.
9-15           SECTION 5.  This Act takes effect immediately if it receives
9-16     a vote of two-thirds of all the members elected to each house, as
9-17     provided by Section 39, Article III, Texas Constitution.  If this
9-18     Act does not receive the vote necessary for immediate effect, this
9-19     Act takes effect September 1, 2001.