Amend Amendment No. 25 by Rose to CSHB 4 (beginning on page 
565, amendment packet), on page 8 of the amendment, between lines 10 
and 11, by inserting the following:
	Art. 5.166.  FILING OF RATE INFORMATION WITH DEPARTMENT; 
REPORT TO LEGISLATURE
	Sec. 1.  PURPOSE.  The purpose of this article is to require 
insurers writing professional liability insurance for physicians 
and health care providers in this state to annually file with the 
commissioner of insurance rates and supporting data, including 
current rates and estimated rates to be charged in the year 
following the filing date for the purpose of the preparation of a 
summary report for submission to each legislature and the 
determination by the commissioner of equitable rate reductions 
under Article 5.163 of this code.  Information submitted under this 
article must be sufficient for the commissioner to determine the 
extent of equitable rate reductions under Article 5.163 of this 
code.  The commissioner's report shall contain a review of the 
rates, presented in a manner that protects the identity of 
individual insurers:
		(1)  to inform the legislature as to whether the rates 
are just, adequate, and reasonable and not excessive or unfairly 
discriminatory; and
		(2)  to assist in the determination of the most 
effective and efficient regulatory system for professional 
liability insurance for physicians and health care providers in 
Texas.
	Sec. 2.  DEFINITIONS.  In this article:                                 
		(1)  "Insurer" means an insurer described by Article 
5.162 of this code.
		(2)  "Supplementary rating information" means any 
manual, rating schedule, plan of rules, rating rules, 
classification systems, territory codes and descriptions, rating 
plans, and other similar information used by the insurer to 
determine the applicable premium for an insured.  The term includes 
factors and relativities, such as increased limits factors, 
classification relativities, deductible relativities, premium 
discount, and other similar factors and rating plans such as 
experience, schedule, and retrospective rating.
		(3)  "Security" or "securities" has the meaning 
assigned by Section 4, The Securities Act (Article 581-4, Vernon's 
Texas Civil Statutes).
	Sec. 3.  RATE INFORMATION.  (a)  Insurers must file rates for 
professional liability insurance for physicians and health care 
providers and supporting information with the commissioner in 
accordance with the requirements determined by the commissioner 
under this article.
	(b)  Filings made by each insurer must be sufficient to 
respond to the commissioner's request for information under this 
article and must provide both current rates and estimated rates for 
the year following the required filing date of this article based on 
information reasonably known to the insurer at the time of filing.
	(c)  The insurer shall file, in a format specified by the 
commissioner, including an electronic format:
		(1)  all rates for professional liability insurance for 
physicians and health care providers, supplementary rating 
information, underwriting guidelines, reasonable and pertinent 
supporting information for risks written in the state, and all 
applicable rating manuals;
		(2)  actuarial support, including all statistics, 
data, or other information to support the rates, supplementary 
rating information, and underwriting guidelines used by the 
insurer;
		(3)  the policy fees, service fees, and other fees that 
are charged under Article 21.35B of this code;
		(4)  information on the insurer's losses from 
investments in securities, whether publicly or privately traded, 
including investments in the securities of companies required by 
any oversight agency to restate earnings within the 24 months 
preceding the filing date, possessed and used by the insurer to 
determine premiums or underwriting for professional liability 
insurance for physicians and health care providers, as this 
information relates to the rates described by Section 1 of this 
article;
		(5)  information on the insurer's costs of reinsurance 
possessed and used by the insurer to determine premiums or 
underwriting for professional liability insurance for physicians 
and health care providers, as this information relates to the rates 
described by Section 1 of this article;
		(6)  a complete explanation, and an electronic copy, of 
all computer models used by the insurer not protected by a contract 
with a third party; and
		(7)  a complete explanation of any changes to 
underwriting guidelines, rates, and supplementary rating 
information since the last filing under this article.
	(d)  The commissioner shall determine the date on which the 
filing is due.
	(e)  The commissioner may require additional information as 
provided by Section 4 of this article.
	(f)  The commissioner shall issue an order specifying the 
information that insurers must file to comply with this article and 
the date on which the filing is due.
	(g)  The commissioner is not required to hold a hearing 
before issuing the order required under Subsection (f) of this 
section.
	(h)  The commissioner shall notify an affected insurer of the 
order requiring the rate filing information under this section on 
the day the order is issued.
	Sec. 4.  ADDITIONAL INFORMATION.  After the initial rate 
submission under Section 3 of this article, the commissioner may 
require an insurer to provide additional, reasonable information 
for purposes of the clarification or completeness of the initial 
rate submission.
	Sec. 5.  USE OF FILED RATE INFORMATION.  (a)  Information 
filed by an insurer with the department under this article that is 
confidential under a law that applied to the insurer before the 
effective date of this article remains confidential and is not 
subject to disclosure under Chapter 552, Government Code, except 
that the information may be disclosed as provided by Section 
552.008, Government Code, relating to information for legislative 
purposes.  Information disclosed pursuant to Section 552.008, 
Government Code, shall be provided in a commonly used electronic 
format, including in spreadsheet or comma-delimited format, if so 
requested.  The information may not be released to the public except 
in summary form in the report required under Section 6 of this 
article.
	(b)  Subsection (a) of this section does not preclude the use 
of information filed under this article as evidence in prosecuting 
a violation of this code.  Confidential information described by 
Subsection (a) of this section that is used in prosecuting a 
violation is subject to a protective order until all appeals of the 
case have been exhausted.  If an insurer is found, after the 
exhaustion of all appeals, to have violated this code, a copy of the 
confidential information used as evidence of the violation is no 
longer presumed to be confidential.
	Sec. 6.  REPORT.  (a)  The commissioner shall, on a date 
determined by the commissioner, submit a report to the governor, 
the lieutenant governor, the speaker of the house of 
representatives, and the members of the legislature on the 
information collected from the filings required under this article.  
The report may be created based on a sample of the information 
provided under Section 3 of this article.
	(b)  The report required under this section shall provide a 
summary review of the rates currently charged and estimated to be 
charged over the year following the date of the report, presented in 
a manner that protects the identity of individual insurers:
		(1)  to inform the legislature as to whether the rates 
are just, adequate, and reasonable and not excessive or unfairly 
discriminatory; and
		(2)  to assist the legislature in the determination of 
the most effective and efficient regulatory system for professional 
liability insurance for physicians and health care providers in 
this state.
	Sec. 7.  NOTIFICATION; NONCOMPLIANCE.  The commissioner 
shall notify the governor, the lieutenant governor, the speaker of 
the house of representatives, and the members of the legislature of 
the names of the insurers whom the commissioner requested to make 
the rate filings under this article and the names of the insurers 
who did not respond in whole or in part to the commissioner's 
request.  This notification shall be made by separate letter on the 
fourth day following the date on which the commissioner determines 
the filing is due under Section 3(f) of this article.
	Sec. 8.  APPLICATION OF CERTAIN LAW.  Chapter 40 of this code 
does not apply to an action of the commissioner under Section 3(f) 
of this article.
	Sec. 9.  FAILURE TO COMPLY.  An insurer that fails to comply 
with any request for information issued by the commissioner under 
this article is subject, after notice and opportunity for hearing, 
to sanctions as provided by Chapters 82 and 84 of this code.