Amend Amendment No. 25 by Rose to CSHB 4 (beginning on page 
565, amendment packet) 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:".
	(3) On page 8, line 6, after "insured", add provided that the 
rate was adequate and not artificially inflated prior to or after 
the determination of constitutionality.
	(4) 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."
			(A) If the commissioner makes no determination as 
to a rate reduction in accordance with Article 5.163, Section 1, 
then an insurer may not charge an insured for professional 
liability insurance for physicians and health care providers issued 
or renewed on or after the second anniversary of the 30th day after 
the effective date of the constitutional amendment containing a 
$250,000 cap on noneconomic damages in all health care liability 
claims or the date the cap was determined to be constitutional and 
before the third anniversary of the 30th day after the effective 
date of the constitutional amendment or the date the cap was 
determined to be constitutional an amount that exceeds 80 percent 
of the amount the insurer charged or would have charged the insured 
for the same coverage.
			(B) If the commissioner makes no determination as 
to a rate reduction in accordance with Article 5.163, Section 1, 
then an insurer may not charge an insured for professional 
liability insurance for physicians and health care providers issued 
or renewed on or after the third anniversary of the 30th day after 
the effective date of the constitutional amendment containing a 
$250,000 cap on noneconomic damages in all health care liability 
claims or the date the cap was determined to be constitutional and 
before the fourth anniversary of the 30th day after the effective 
date of the constitutional amendment or the date the cap was 
determined to be constitutional an amount that exceeds 75 percent 
of the amount the insurer charged or would have charged the insured 
for the same coverage.