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Substitute the following for the Geren amendment:
Floor Amendment No. 25 to CSHB 4 by Rose as follows:
(1) On page 6 of the amendment, strike line 1, and substitute
the following: "a preponderance of the evidence presented by an
insurer that:".
(2) On page 6 of the amendment, line 12, strike "unreasonable
or".
(3) On page 7 of the amendment, line 25, strike "85" and
substitute "81".
(4) On page 8 of the amendment, strike lines 2 through 6 and
substitute the following: "coverage on January 1, 2003, or, if the
insurer did not insure that insured on January 1, 2003, 81 percent
of the amount the insurer would have charged that insured on January
1, 2003. An insurer may".
(5) On page 8 of the amendment, strike lines 8 through 10 and
substitute the following: "A proceeding under this article is a
contested case under Chapter 2001, Government Code. The
commissioner shall not grant the exception unless the insurer
proves by a preponderance of the evidence that the rate reduction is
confiscatory. If the insurer meets this evidentiary burden, the
commissioner may grant the exception only to the extent that the
reduction is confiscatory."