Amend CSSB 14 as follows:                                                    

(1)  In SECTION 1.01 of the bill, in the recital (page 1, line 	8, house committee printing), strike "Subchapter Q" and substitute 
"Subchapters Q and S".
	(2)  In SECTION 1.01 of the bill, in the heading to added 
Article 5.142, Insurance Code (page 1, lines 10-11, house committee 
printing), strike "PERSONAL AUTOMOBILE INSURANCE COVERAGE AND".
	(3)  In SECTION 1.01 of the bill, in Section 1(a) of added 
Article 5.142, Insurance Code (page 1, line 13, house committee 
printing), strike "personal automobile insurance and".
	(4)  In SECTION 1.01 of the bill, in Section 1(b)(1) of added 
Article 5.142, Insurance Code (page 1, lines 16-17, house committee 
printing), strike "personal automobile insurance rates and".
	(5)  In SECTION 1.01 of the bill, in Section 1(b)(2) of added 
Article 5.142, Insurance Code (page 1, lines 20-21, house committee 
printing), strike "personal automobile and".
	(6)  In SECTION 1.01 of the bill, strike Section 2(a)(5) of 
added Article 5.142, Insurance Code (page 3, line 13 through page 4, 
line 4, house committee printing), and substitute the following:
		(5)  "Insurer" means an insurance company, reciprocal 
or interinsurance exchange, mutual insurance company, capital 
stock company, county mutual insurance company, Lloyd's plan, or 
other legal entity authorized to write  residential property 
insurance in this state.  The term includes an affiliate, as 
described by this code, if that affiliate is authorized to write 
residential property insurance.  The term does not include:
			(A)  the Texas Windstorm Insurance Association 
under Article 21.49 of this code;
			(B)  the FAIR Plan Association under Article 
21.49A of this code; or
			(C)  an insurer that is not engaged in the 
business of residential property insurance in this state before the 
effective date of S.B. 14, Acts of the 78th Legislature, Regular 
Session, 2003.
	(7)  In SECTION 1.01 of the bill, strike Section 2(a)(7) of 
added Article 5.142, Insurance Code (page 4, lines 7-16, house 
committee printing).
	(8)  In SECTION 1.01 of the bill, in Section 2(a)(9) of added 
Article 5.142, Insurance Code (page 4, line 27, house committee 
printing), strike "personal automobile insurance or".
	(9)  In SECTION 1.01 of the bill, in Section 2(a) of added 
Article 5.142, renumber subdivisions appropriately.
	(10)  In SECTION 1.01 of the bill (page 20, line 11, through 
page 23, line 7, house committee printing), strike Sections 3-7 of 
added Article 5.143, Insurance Code, and substitute the following:
	Sec. 3.  REDUCED FILING.  For an insurer with a market share 
of less than five percent, the commissioner shall consider insurer 
and market-specific attributes, as applicable, and shall 
promulgate filing requirements for those insurers accordingly to 
accommodate premium volume and loss experience, targeted markets, 
limitations on coverage, and any potential barriers to market entry 
or growth in the market.
	(11)  Renumber the Sections of added Article 5.143, 
Insurance Code, appropriately.
	(12)  In SECTION 1.01 of the bill, following added Subchapter 
Q, Chapter 5, Insurance Code (page 24, between lines 4 and 5, house 
committee printing), insert:
SUBCHAPTER S. REFUND
Art. 5.146. REFUND OF EXCESSIVE OR DISCRIMINATORY PREMIUM; DISCOUNT. (a) In this article: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, Lloyd's plan, or other legal entity authorized to write residential property insurance in this state. The term includes an affiliate, as described by this code, if that affiliate is authorized to write residential property insurance. The term does not include: (A) the Texas Windstorm Insurance Association under Article 21.49 of this code; or (B) the FAIR Plan Association under Article 21.49A of this code. (2) "Personal automobile insurance" means motor vehicle insurance coverage for the ownership, maintenance, or use of a private passenger, utility, or miscellaneous type motor vehicle, including a motor home, trailer, or recreational vehicle, that is: (A) owned or leased by an individual or individuals; and (B) not primarily used for the delivery of goods, materials, or services, other than for use in farm or ranch operations. (3) "Residential property insurance" means insurance coverage against loss to real or tangible personal property at a fixed location that is provided through a homeowners policy, including a tenants policy, a condominium owners policy, or a residential fire and allied lines policy. (b) Except as provided by Subsection (d) of this article, if the commissioner determines that an insurer has charged a rate for personal automobile insurance or residential property insurance that is excessive or discriminatory, as described by Article 5.13-2, 5.101, or 5.142 of this code, the commissioner may order the insurer to: (1) issue a refund of the excessive or discriminatory portion of the premium directly to each affected policyholder if the amount of that portion of the premium is at least 7.5 percent of the total premium charged for the coverage; or (2) provide each affected policyholder a future premium discount in the amount of the excessive or discriminatory portion of the premium if the amount of that portion of the premium is less than 7.5 percent. (c) On or before the 20th day after the date an order is issued under this article, an insurer may request a rate hearing to be conducted by the State Office of Administrative Hearings to determine whether the rate that is subject to the order is excessive and discriminatory. The office of public insurance counsel may participate in a hearing conducted under this subsection and present evidence at the hearings. (d) After completion of the rate hearing under Subsection (c) of this section, the administrative law judge shall prepare a proposal for decision under Section 40.058 of this code and remand the case to the commissioner recommending: (1) that the commissioner affirm the commissioner's order; or (2) additional review of the order by the commissioner to be completed not later than the 10th day after the date the commissioner receives the administrative law judge's proposal, that the parties enter into negotiations, or that the commissioner take other appropriate action with respect to the order within a time period specified by the administrative law judge. (e) An action or failure to act of the commissioner under Subsection (d) of this section is subject to appeal under Subchapter D, Chapter 36, of this code. (f) This article does not apply to rates for personal automobile insurance or residential property insurance for which an insurer has obtained prior approval of those rates under Section 5, Article 5.142, or Section 5A, Article 5.13-2, of this code. (g) This article does not apply to a rate subject to Section 12, Article 5.13-2, of this code. This subsection expires September 1, 2003. (13) In ARTICLE 1 of the bill, strike PART B of the bill (page 24, lines 5-11, house committee printing) and substitute the following:
PART B. RATES FOR CERTAIN PERSONAL AUTOMOBILE INSURANCE
SECTION 1.02. The heading to Article 5.101, Insurance Code, is amended to read as follows: Art. 5.101. FLEXIBLE RATING PROGRAM FOR PERSONAL AUTOMOBILE [CERTAIN] INSURANCE [LINES] SECTION 1.03. Section 1, Article 5.101, Insurance Code, is amended to read as follows: Sec. 1. [PURPOSE;] APPLICABILITY. (a) [The program on flexible rating is designed to help stabilize the rates charged for insurance in lines of property and casualty insurance covered by Subchapters A and C of this chapter. [(b)] This article applies only to personal automobile insurance [does not apply to: [(1) ocean marine insurance; [(2) inland marine insurance; [(3) fidelity, surety and guaranty bond insurance; [(4) errors and omissions insurance; [(5) directors' and officers' liability insurance; [(6) general liability insurance; [(7) commercial property insurance; [(8) workers' compensation insurance; [(9) professional liability insurance for physicians and health care providers as defined in Article 5.15-1 of this code; or [(10) attorney's professional liability insurance]. (b) [(c)] Notwithstanding Subsection (a) of this section, this article does not apply to premium rates for motor vehicle insurance computed using a mile-based rating plan under Article 5.01-4 of this code. SECTION 1.04. Section 3, Article 5.101, Insurance Code, is amended by amending Subsection (e) and adding Subsection (r) to read as follows: (e) An insurer may use any rate by classification within the flexibility band without prior approval by the commissioner. The rate may not include expenses disallowed under Subsection (o) of this section. Within 30 days of the effective date of the benchmark rate for a particular line, each insurer which proposes to write that line of insurance in this state during the effective period of the benchmark rate shall file with the commissioner its proposed rate by line, and by classification and territory under the rating manual promulgated by the commissioner, unless the insurer has obtained approval from the commissioner under Subsection (l) of this section to use its own rating manual. The insurer shall include in the filing any statistics to support the rates to be used by the insurer as required by rule of the commissioner, including information necessary to evidence that the calculation of the rate does not include disallowed expenses. [Rates proposed in filings made under this subsection must be just, reasonable, adequate and not excessive for the risks to which they apply.] The rate takes effect on the date specified by the insurer, but not later than the 60th day after the date of filing of the rate with the commissioner. For the purpose of this section, the date the rate is received by the commissioner is the date of filing. From and after the effective date of the benchmark rate and prior to the insurer's specified effective date of a new rate, the insurer's previously filed rate shall remain in effect. Subject to the limitations contained in Subsection (p) of this section and Section 3B of this article, an insurer may continue to use its previously filed rates or may make additional rate filings based on the previous benchmark rate for new policies or policies renewing prior to the specified effective date of its new rate. (r) An insurer who writes insurance in a line subject to this article is subject to the rating standards described by Section 3A of this article. SECTION 1.05. Article 5.101, Insurance Code, is amended by adding Sections 3A, 3B, 3C, and 7 to read as follows: Sec. 3A. RATING STANDARDS. (a) Rates used by insurers subject to this article may not be excessive, inadequate, unreasonable, or unfairly discriminatory for the risks to which they apply. (b) For purposes of this section, a rate is: (1) excessive if the rate is likely to produce a long-term profit that is unreasonably high in relation to the insurance coverage provided; (2) inadequate if the rate is insufficient to sustain projected losses and expenses to which the rate applies, and continued use of the rate: (A) endangers the solvency of an insurer using the rate; or (B) has the effect of substantially lessening competition or creating a monopoly within any market; or (3) unfairly discriminatory if the rate: (A) cannot be actuarially justified; (B) does not bear a reasonable relationship to the expected loss and expense experience among risks; or (C) is based wholly or partly on the race, creed, color, ethnicity, or national origin of the policyholder or an insured. Sec. 3B. CHANGE OF RATE WITHIN FLEXIBILITY BAND; REQUIRED FILING. Notwithstanding Section 3(e) of this article, an insurer who changes a rate used by the insurer that is established within the flexibility band shall file the changed rate with the department in the manner prescribed by rule by the commissioner. Sec. 3C. REFUND. If the commissioner determines that rates of an insurer do not comply with the rating standards established under this article and are excessive or discriminatory, the commissioner may order the insurer to make a refund in the manner prescribed by Article 5.146 of this code. Sec. 7. EXPIRATION. This article expires effective September 1, 2004. (14) In ARTICLE 2 of the bill (page 38, line 22, through page 39, line 1, house committee printing), strike SECTION 2.04 and substitute the following: SECTION 2.04. Articles 21.49-2U and 21.49-2V, Insurance Code, as added by this article, apply only to an insurance policy delivered, issued for delivery, or renewed on or after January 1, 2004. A policy delivered, issued for delivery, or renewed before that date is governed by the law as it existed immediately before January 1, 2004, and that law is continued in effect for that purpose. (15) In SECTION 3.07 of the bill, in added Section 12(e), Article 5.13-2, Insurance Code (page 44, line 5, house committee printing), between "by rule" and the period, insert "required as provided by Subsection (b) of this section in connection with the rating criteria". (16) In SECTION 3.07 of the bill, in added Section 12(i), Article 5.13-2, Insurance Code (page 45, line 2, house committee printing), between "disapproval" and "of the rate", insert "or reduction". (17) In SECTION 3.07 of the bill, in added Section 12(i), Article 5.13-2, Insurance Code (page 45, line 3, house committee printing), between "disapproval" and "order", insert "or reduction". (18) In SECTION 3.07 of the bill, in added Section 12(n), Article 5.13-2, Insurance Code (page 46, line 26, house committee printing), strike "the policyholder" and substitute "a person who is a policyholder at the time the refund is ordered". (19) In SECTION 3.07 of the bill, in added Section 12(n), Article 5.13-2, Insurance Code (page 47, line 1, house committee printing), between "overcharge" and "plus", insert "that would have otherwise been required to be refunded". (20) In SECTION 3.07 of the bill, in added Section 12(n), Article 5.13-2, Insurance Code (page 47, line 2, house committee printing), between "percent" and the period, insert ", as a credit to the next renewal policy premium". (21) In SECTION 4.01 of the bill, in amended Article 5.13, Insurance Code (page 50, line 26 through page 51, line 2, house committee printing), strike the underlined language and substitute the following: code, except that Article 5.13-2 of this code shall apply to a county mutual insurance company with respect to personal automobile and commercial automobile insurance, residential and commercial property insurance, and inland marine insurance (22) In SECTION 4.01 of the bill, in amended Article 5.13, Insurance Code (page 51, line 25, house committee printing), strike "noncommercial". (23) In SECTION 4.02 of the bill, in the amended heading to Article 5.13-2, Insurance Code (page 52, line 17, house committee printing), strike "COMMERCIAL INLAND MARINE" and substitute "INLAND MARINE". (24) In SECTION 4.03 of the bill, in amended Section 1, Article 5.13-2, Insurance Code (page 52, lines 22-23, house committee printing), strike "commercial inland marine" and substitute "inland marine". (25) In SECTION 4.03 of the bill, in amended Section 2, Article 5.13-2, Insurance Code (page 53, lines 16-17, house committee printing), strike "commercial inland marine" and substitute "inland marine". (26) In ARTICLE 4 of the bill, strike SECTION 4.04 of the bill (page 53, line 22 through page 54, line 6, house committee printing) and substitute the following: SECTION 4.04. Section 3, Article 5.13-2, Insurance Code, is amended to read as follows: Sec. 3. DEFINITIONS. (a) In this article: (1) "Disallowed expenses" includes: (A) administrative expenses, not including acquisition, loss control, and safety engineering expenses, that exceed 110 percent of the industry median for those expenses; (B) lobbying expenses; (C) advertising expenses, other than for advertising: (i) directly related to the services or products provided by the insurer; or (ii) designed and directed at loss prevention; (D) amounts paid by an insurer: (i) as damages in an action brought against the insurer for bad faith, fraud, or any matters other than payment under the insurance contract; or (ii) as fees, fines, penalties, or exemplary damages for a civil or criminal violation of law; (E) contributions to: (i) social, religious, political, or fraternal organizations; or (ii) organizations engaged in legislative advocacy; (F) except as authorized by rule by the commissioner, fees and assessments paid to advisory organizations; and (G) any unreasonably incurred expenses, as determined by the commissioner after notice and hearing. (2) "Filer" means an insurer that files rates, prospective loss costs, or supplementary rating information under this article. (3) [(2)] "Insurer" means an insurer to which Article 5.13 of this code applies, but does not include the Texas Windstorm Insurance Association, the FAIR Plan Association, or the Texas Automobile Insurance Plan Association. All provisions of this article shall apply to Lloyd's plans, reciprocals and interinsurance exchanges, and county mutual insurance companies with respect to the lines of insurance described in Section 1 of this article, except that [However,] the provisions of Sections 4, 5, 6, and 7 of this article shall not apply to Lloyd's or reciprocals with respect to commercial property insurance. (4) [(3)] "Prospective loss costs" means that portion of a rate that does not include provisions for profit or expenses, other than loss adjustment expenses, that is based on historical aggregate losses and loss adjustment expenses projected by development to their ultimate value and through trending to a future point in time. (5) [(4)] "Rate" means the cost of insurance per exposure unit, whether expressed as a single number or as a prospective loss cost, with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, before any application of individual risk variations based on loss or expense considerations. (6) "Rating manual" means a publication or schedule that lists rules, classifications, territory codes and descriptions, rates, premiums, and other similar information used by an insurer to determine the applicable premium charged an insured. (7) "Residential property insurance" means insurance coverage against loss to real or tangible personal property at a fixed location that is provided through a homeowners policy, including a tenants policy, a condominium owners policy, or a residential fire and allied lines policy. [The term does not include a minimum premium.] (8) [(5)] "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, including [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. (9) [(6)] "Supporting information" means: (A) the experience and judgment of the filer and the experience or information of other insurers or advisory organizations relied on by the filer; (B) the interpretation of any other information relied on by the filer; (C) descriptions of methods used in making the rates; and (D) any other information required by the department to be filed. (b) For purposes of this article, a rate is: (1) excessive if the rate is likely to produce a long-term profit that is unreasonably high in relation to the insurance coverage provided; (2) inadequate if the rate is insufficient to sustain projected losses and expenses to which the rate applies, and continued use of the rate: (A) endangers the solvency of an insurer using the rate; or (B) has the effect of substantially lessening competition or creating a monopoly within any market; or (3) unfairly discriminatory if the rate: (A) cannot be actuarially justified; (B) does not bear a reasonable relationship to the expected loss and expense experience among risks; or (C) is based wholly or partly on the race, creed, color, ethnicity, or national origin of the policyholder or an insured. (27) In ARTICLE 4 of the bill, strike SECTIONS 4.05 and 4.06 (page 54, lines 7-18, house committee printing) and substitute the following: SECTION 4.05. Section 4, Article 5.13-2, Insurance Code, is amended by amending Subsections (b) and (d) and adding Subsection (f) to read as follows: (b) In setting rates, an insurer shall consider: (1) past and prospective loss experience inside this state, and outside this state if the state data are not credible; (2) the peculiar hazards and experiences of individual risks, past and prospective, inside and outside this state; (3) the insurer's actuarially credible historical premium, exposure, loss, and expense experience; (4) [any applicable] catastrophe hazards within this state; (5) operating [(3) operation] expenses, excluding disallowed expenses; (6) [(4)] investment income; (7) [(5)] a reasonable margin for profit [and contingencies]; and (8) [(6)] any other [relevant] factors inside and outside this state determined to be relevant by the insurer and not disallowed by the commissioner. (d) Rates established under this article may not be excessive, inadequate, unreasonable, or unfairly discriminatory for the risks to which they apply [and may not be unreasonable]. (f) In determining a rating territory, an insurer shall use methods based on actuarially sound principles. SECTION 4.06. Section 5, Article 5.13-2, Insurance Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows: (a) Except as provided by Section 5A of this article, each [Each] insurer shall file with the commissioner all rates, applicable rating manuals, supplementary rating information, and additional [reasonable and pertinent supporting] information as required by the commissioner for risks written in this state. (a-1) The commissioner by rule shall determine the information required to be provided in the filing, including: (1) the categories of supporting information; (2) the categories of supplementary rating information; (3) any statistics or other information to support the rates to be used by the insurer, including information necessary to evidence that the computation of the rate does not include disallowed expenses; and (4) information concerning policy fees, service fees, and other fees that are charged or collected by the insurer under Article 21.35A or 21.35B of this code. (a-2) For an insurer with less than five percent of the market, the commissioner shall consider insurer and market-specific attributes, as applicable, and shall promulgate filing requirements accordingly to accommodate premium volume and loss experience, targeted markets, limitations on coverage, and any potential barriers to market entry or growth. SECTION 4.07. Article 5.13-2, Insurance Code, is amended by adding Sections 5A and 8A to read as follows: Sec. 5A. PRIOR APPROVAL REQUIRED FOR CERTAIN INSURERS. (a) The commissioner by order may require an insurer to file with the commissioner all rates, supplementary rate information, and any supporting information as prescribed by this section if the commissioner determines that: (1) an insurer's rates require supervision because of the insurer's financial condition; (2) an insurer's rates require supervision because of the insurer's rating practices; or (3) a statewide insurance emergency exists. (b) Except as provided by Subsection (k) of this section, an insurer may not use a rate until the rate has been filed with the department and approved by the commissioner as provided by this section. For purposes of this section, a rate is filed with the department on the date the rate filing is received by the department. (c) Not later than the 30th day after the date the rate is filed with the department, the commissioner shall: (1) approve the rate if the commissioner determines that the rate complies with the requirements of this article; or (2) disapprove the rate if the commissioner determines that the rate does not comply with the requirements of this article. (d) Except as provided by Subsection (f) of this section, if the rate has not been approved or disapproved by the commissioner before the expiration of the 30-day period described by Subsection (c) of this section, the rate is considered approved and the insurer may use the rate unless the rate proposed in the filing represents an increase of 12.5 percent or more from the insurer's prior filed rate. (e) The commissioner and the insurer may not by agreement extend the 30-day period described by Subsection (c) of this section. (f) For good cause, the commissioner may extend the period for approval or disapproval of a rate for one additional 30-day period on the expiration of the 30-day period described by Subsection (c) of this section. (g) If the department determines that the information filed by the insurer under this article is incomplete or otherwise deficient, the department, not later than the 10th day after the date the insurer files the rate with the department, may request additional information from the insurer. If the department requests additional information from the insurer during the first 30-day review period provided under Subsection (c) of this section or under the second 30-day review period provided under Subsection (f) of this section, the period of time between the date of the department's submission of the request for additional information to the insurer and the date of the receipt of the additional information by the department from the insurer is not counted to determine what constitutes the first 30-day review period or the second 30-day review period. For purposes of this subsection, the date of the department's submission of the request for additional information is the date of the electronic mailing or telephone call or the postmarked date on the department's letter relating to the request for additional information. (h) The commissioner shall approve the rate filing if the proposed rate is adequate, not excessive, and not unfairly discriminatory. (i) If the commissioner approves a rate filing, the commissioner shall provide written or electronic notification of the approval to the insurer. On receipt of the notice of the commissioner's approval of a rate, the insurer may use the rate. (j) From the date of the filing of the rate with the department to the effective date of the new rate, the insurer's previously filed rate that is in effect on the date of the filing remains in effect. (k) After approval of a rate filing under this section, an insurer may use any rate subsequently filed by the insurer, without prior approval of the commissioner, if the subsequently filed rate does not exceed the lesser of 107.5 percent of the rate approved by the commissioner or 110 percent of any rate used by the insurer within the previous 12-month period. Filed rates under this subsection take effect on the date specified by the insurer. (l) If the commissioner disapproves a rate filing under Subsection (c)(2) of this section, the commissioner shall issue an order in the manner prescribed by Section 7(b) of this article. The insurer is entitled to a hearing in accordance with Section 7(b) of this article. (m) The commissioner may require an insurer to file the insurer's rates under this section until the commissioner determines that the conditions described by Subsection (a) of this section no longer exist. Sec. 8A. INLAND MARINE FORMS AND RATES. The commissioner shall adopt rules governing the manner in which forms and rates for classifications of risks for inland marine insurance, as determined by the commissioner, are regulated. (28) Renumber current SECTIONS 3.09, 3.10, and 3.11 of the bill, adding Sections 13, 14, and 15, Article 5.13-2, Insurance Code (page 47, line 15 through page 50, line 13, house committee printing), as SECTIONS 4.08, 4.09, and 4.10 of the bill, and renumber the SECTIONS of ARTICLE 3 of the bill appropriately. (29) In renumbered SECTION 4.08 of the bill, in added Section 13(c), Article 5.13-2, Insurance Code (page 48, line 12, house committee printing), after "in this state.", insert "After the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003, and before the first annual adjustment by the commissioner, the commissioner may adjust the computation of the rate index under this section as the commissioner determines necessary." (30) In renumbered SECTION 4.08 of the bill, in added Section 13(f), Article 5.13-2, Insurance Code (page 48, line 22, house committee printing), between "insurance" and "at nonstandard rates", strike "polices" and insert "policies only". (31) In renumbered SECTION 4.08 of the bill, in added Section 13(f), Article 5.13-2, Insurance Code (page 48, line 25, house committee printing), following the period, insert: "In setting rates, an insurance company subject to this subsection must comply with the rating standards established by this article. Not later than the first day on which any change in the rates becomes effective, the company shall for informational purposes file the rates and any additional information required by the department. The commissioner by rule shall determine the information required to be provided in the filing under this subsection. The commissioner may inspect the books and records of the company at any time to ensure compliance with the rating standards. An insurance company described by this subsection is subject to Article 5.146 of this code. A county mutual insurance company not described by this section is subject to Article 21.81 of this code and is required to comply with the filing requirements of this article and Article 5.142 of this code and any other provision of this code applicable to a county mutual insurance company." (32) In renumbered SECTION 4.08 of the bill, in the first sentence of added Section 13(h), Article 5.13-2, Insurance Code (page 49, lines 5-6, house committee printing), strike "have served or are serving" and substitute "have served exclusively or are serving exclusively". (33) In renumbered SECTION 4.08 of the bill, in the first sentence of added Section 13(h), Article 5.13-2, Insurance Code (page 49, line 6, house committee printing), between "market" and the period, insert "and meet capitalization and solvency requirements set by the commissioner". (34) In renumbered SECTION 4.08 of the bill, in the second sentence of added Section 13(h), Article 5.13-2, Insurance Code (page 49, lines 7-8, house committee printing), strike "as having served or serving the nonstandard market" and substitute "under this subsection". (35) In renumbered SECTION 4.08 of the bill, in added Section 13, Article 5.13-2, Insurance Code (page 49, between lines 8 and 9, house committee printing), insert new Subsections (i) and (j) to read as follows: (i) Notwithstanding Article 17.02 or Section 912.004 or 912.102 of this code, the commissioner may issue a new charter to a county mutual insurance company to write insurance coverage exclusively in a nonstandard market as necessary to provide: (1) adequate capacity in that market; and (2) reasonably affordable insurance in that market. (j) The commissioner may adopt rules as necessary to implement this section. (36) In renumbered SECTION 4.10 of the bill, in added Section 15, Article 5.13-2, Insurance Code (page 49, line 17, house committee printing), strike "PREMIUM CHARGES" and substitute "RATE INCREASE". (37) In ARTICLE 4 of the bill (page 54, between lines 17 and 18) insert new SECTIONS 4.11, 4.12, and 4.13 to read as follows: SECTION 4.11. Article 5.13-2, Insurance Code, is amended by adding Sections 16 and 17 to read as follows: Sec. 16. RIGHTS OF PUBLIC INSURANCE COUNSEL. (a) On request to the commissioner, the public insurance counsel may review all rate filings and additional information provided by an insurer under this article. Confidential information reviewed under this subsection remains confidential. (b) The public insurance counsel, not later than the 30th day after the date of a rate filing under this article, may object to an insurer's rate filing or the criteria relied on by the insurer to determine the rate by filing a written objection with the commissioner. The written objection must contain the reasons for the objection. Sec. 17. ADVISORY ORGANIZATIONS. (a) An advisory organization may file with the commissioner for use by insurers loss and loss adjustment expense information. An insurer that subscribes to the advisory organization may use information filed under this subsection after the information is approved by the commissioner. (b) An advisory organization may not publish rates for insurance subject to this article. SECTION 4.12. A county mutual insurance company required to make informational rate filings under Section 13(f), Article 5.13-2, Insurance Code, as added by this Act, shall make an initial informational rate filing, as required by the commissioner, not later than the 30th day after the effective date of this article. SECTION 4.13. This article takes effect September 1, 2004, except that Sections 13, 14, and 15, Article 5.13-2, Insurance Code, as added by this article, take effect on the effective date of this Act. (38) In SECTION 7.01, in added Section 6(b)(1), Article 21.21-6, Insurance Code, strike "and the same risk" (page 60, line 22, house committee printing), and substitute ", other than for the classifications applicable alike to persons of every race, color, religion, ethnicity, or national origin". (39) In SECTION 7.01, in added Section 6(b)(2), Article 21.21-6, Insurance Code, strike "and the same risk" (page 60, line 26, house committee printing), and substitute ", other than a rate reflecting the classifications applicable alike to persons of every race, color, religion, ethnicity, or national origin". (40) In SECTION 8.05 of the bill, in added Section 15, Article 21.49A, Insurance Code (page 68, line 22), between "association" and "may not be distributed", insert "shall be used to mitigate losses, including the purchase of reinsurance and the offset of future assessments, and". (41) In SECTION 9.01 of the bill, strike amended Article 5.01(f), Insurance Code (page 69, lines 5-14, house committee printing), and substitute the following: (f) Notwithstanding Subsections (a) through (d) of this article, on and after the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003 [March 1, 1992], rates for personal automobile insurance in this state are determined as provided by Article 5.101 of this code, and rates for commercial motor vehicle insurance in this state are determined as provided by Article 5.13-2 [the flexible rating program adopted under Subchapter M] of this code [chapter]. On and after September 1, 2004, rates for personal automobile insurance and commercial automobile insurance in this state are determined as provided by Article 5.13-2 of this code. (42) In SECTION 9.03 of the bill, strike amended Article 5.01-2(b), Insurance Code (page 69, line 24 through page 70, line 3, house committee printing), and substitute the following: (b) On and after the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003 [March 1, 1992], rates for personal automobile [motor vehicle] insurance written by a Lloyd's plan insurer or a reciprocal or interinsurance exchange are determined as provided by the flexible rating program adopted under Subchapter M of this chapter. This subsection expires September 1, 2004. (43) In SECTION 9.04 of the bill, in amended Section 4(a), Article 5.01-4, Insurance Code (page 70, line 8, house committee printing), strike "Subchapter Q [M] of this chapter" and substitute "Subchapter M of this chapter". (44) In SECTION 9.04 of the bill, in amended Section 4(b), Article 5.01-4, Insurance Code (page 70, line 15, house committee printing), strike "Subchapter Q [M] of this chapter" and substitute "Subchapter M of this chapter". (45) In SECTION 9.05 of the bill, strike amended Article 5.03(g), Insurance Code (page 70, line 19 through page 71, line 1, house committee printing), and substitute the following: (g) Notwithstanding Sections (a) through (e) of this article, on and after the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003 [March 1, 1992], rates for personal automobile insurance in this state are determined as provided by Article 5.101 of this code, and rates for commercial motor vehicle insurance in this state [vehicles] are determined as provided by Article 5.13-2 [Subchapter M] of this code [chapter]. On and after September 1, 2004, rates for personal automobile insurance and commercial automobile insurance in this state are determined as provided by Article 5.13-2 of this code. (46) In SECTION 9.06 of the bill, strike amended Article 5.04(c), Insurance Code (page 71, lines 4-13, house committee printing), and substitute the following: (c) Notwithstanding Subsections (a) and (b) of this article, on and after the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003 [March 1, 1992], rates for personal automobile insurance in this state are determined as provided by Article 5.101 of this code, and rates for commercial motor vehicle insurance in this state [vehicles] are determined as provided by Article 5.13-2 [Subchapter M] of this code [chapter]. On and after September 1, 2004, rates for personal automobile insurance and commercial automobile insurance in this state are determined as provided by Article 5.13-2 of this code. (47) In SECTION 9.07 of the bill, in added Subsection (12)(a), Article 5.06, Insurance Code (page 71, line 17, house committee printing), strike "personal". (48) In SECTION 9.10 of the bill, strike amended Article 5.09(c), Insurance Code (page 74, lines 1-10, house committee printing), and substitute the following: (c) Notwithstanding Subsection (a) of this article, on and after the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003 [March 1, 1992], rates for personal automobile insurance in this state are determined as provided by Article 5.101 of this code, and rates for commercial motor vehicle insurance in this state [vehicles] are determined as provided by Article 5.13-2 [Subchapter M] of this code [chapter]. On and after September 1, 2004, rates for personal automobile insurance and commercial automobile insurance in this state are determined as provided by Article 5.13-2 of this code. (49) In SECTION 9.11 of the bill, strike amended Article 5.11(c), Insurance Code (page 74, lines 13-22, house committee printing), and substitute the following: (c) Notwithstanding Subsections (a) and (b) of this article, on and after the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003 [March 1, 1992], rates for personal automobile insurance in this state are determined as provided by Article 5.101 of this code, and rates for commercial motor vehicle insurance in this state [vehicles] are determined as provided by Article 5.13-2 [Subchapter M] of this code [chapter]. On and after September 1, 2004, rates for personal automobile insurance and commercial automobile insurance in this state are determined as provided by Article 5.13-2 of this code. (50) In SECTION 9.28 of the bill, in amended Article 5.53(g), Insurance Code (page 84, lines 21-26, house committee printing), strike the underlined language and substitute the following: On and after September 1, 2004, rates for inland marine insurance are determined as provided by Article 5.13-2 of this code. Notwithstanding any other provision in this article, policy forms and endorsements for inland marine insurance are regulated under Article 5.13-2 of this code. An insurer may continue to use policy forms and endorsements approved by the commissioner under this article on or before the effective date of S.B. 14, Acts of the 78th Legislature, Regular Session, 2003. (51) In SECTION 9.29 of the bill, strike amended Article 5.96(a-1), Insurance Code (page 85, lines 4-9, house committee printing), and substitute the following: (a-1) This [Except as provided by Section 5(d), Article 5.101, of this code, this] article does not apply to the setting of [benchmark] rates for personal automobile [motor vehicle] insurance under Article 5.101 of this code, rates for [and] fire and allied lines insurance under Subchapter Q [M] of this chapter or, on and after September 1, 2004, rates for personal automobile insurance and fire and allied lines insurance under Article 5.13-2 of this code. (52) In SECTION 9.31(a) of the bill, strike added Section 912.002(c), Insurance Code (page 85, line 24 through page 86, line 7, house committee printing), and substitute the following: (c) Rate regulation for a residential fire and allied lines insurance policy written by a county mutual insurance company is subject to Subchapter Q, Chapter 5. On and after September 1, 2004, rate regulation for a personal automobile insurance policy and a residential fire and allied lines insurance policy written by a county mutual insurance company is subject to Article 5.13-2. A county mutual insurance company is subject to Subchapter O, Chapter 5. The commissioner may adopt rules as necessary to implement this subsection. (53) In SECTION 9.31(b) of the bill, strike amended Article 17.22(b), Insurance Code (page 86, lines 10-19, house committee printing), and substitute the following: (b) Rate regulation for a residential fire and allied lines insurance policy written by a county mutual insurance company is subject to Subchapters O and Q, Chapter 5, of this code. The commissioner may adopt rules as necessary to implement this subsection. The flexible rating program created under Subchapter M, Chapter 5, of this code does not apply to county mutual insurance companies. This subsection expires June 1, 2003. (54) In SECTION 9.33(a) of the bill, strike amended Section 941.003(b), Insurance Code (page 87, lines 12-21, house committee printing), and substitute the following: (b) A Lloyd's plan is subject to: (1) Section 5, Article 1.10; (2) Article 1.15A; (3) Subchapters [Subchapter] A, O, Q, R, and S, Chapter 5; (4) Articles 5.35, 5.38, 5.39, 5.40, and 5.49; (5) Articles 21.21 and 21.49-8; [and] (6) Sections 822.203, 822.205, 822.210, and 822.212; and (7) Article 5.13-2, as provided by that article. (55) In SECTION 9.33(b) of the bill, strike added Article 18.23(c), Insurance Code (page 87, line 24 through page 88, line 4, house committee printing), and substitute the following: (c) Rate regulation for a personal automobile insurance policy written by a Lloyd's plan is subject to Subchapter M, Chapter 5, of this code. Rate regulation for a homeowners or residential fire and allied lines insurance policy written by a Lloyd's plan is subject to Subchapter Q, Chapter 5, of this code. The commissioner may adopt rules as necessary to implement this subsection. A Lloyd's plan is subject to Subchapter O, Chapter 5, of this code. This subsection expires June 1, 2003. (56) In SECTION 9.34(a) of the bill, strike amended Section 942.003(b), Insurance Code (page 88, lines 7-16, house committee printing), and substitute the following: (b) An exchange is subject to: (1) Section 5, Article 1.10; (2) Articles 1.15, 1.15A, and 1.16; (3) Subchapters [Subchapter] A, O, Q, R, and S, Chapter 5; (4) Articles 5.35, 5.37, 5.38, 5.39, and 5.40; (5) Articles 21.21 and 21.49-8; [and] (6) Sections 822.203, 822.205, 822.210, 822.212, 861.254(a)-(f), 861.255, 862.001(b), and 862.003; and (7) Article 5.13-2, as provided by that article. (57) In SECTION 9.34(b) of the bill, strike added Article 19.12(c), Insurance Code (page 88, lines 19-27, house committee printing), and substitute the following: (c) Rate regulation for a personal automobile insurance policy written by a reciprocal or interinsurance exchange is subject to Subchapter M, Chapter 5, of this code. Rate regulation for a homeowners or residential fire and allied lines insurance policy written by a reciprocal or interinsurance exchange is subject to Subchapter Q, Chapter 5, of this code. The commissioner may adopt rules as necessary to implement this subsection. A reciprocal or interinsurance exchange is subject to Subchapter O, Chapter 5, of this code. This subsection expires June 1, 2003. (58) Strike SECTION 9.37 of the bill (page 89, lines 11-23, house committee printing), and substitute the following: SECTION 9.37. (a) On the effective date of this Act, the following laws are repealed: (1) Articles 5.03-2, 5.03-3, 5.03-4, and 5.03-5, Insurance Code; (2) Articles 5.26(h), 5.33A, 5.33C, 5.50, and 40.061, Insurance Code; (3) Section 5(b), Article 5.13-2, Insurance Code; (4) Section 4C, Article 5.73, Insurance Code; and (5) Article 5.33B, Insurance Code, as added by Chapter 337, Acts of the 74th Legislature, Regular Session, 1995. (b) Effective September 1, 2004, Sections 941.003(c) and 942.003(c), Insurance Code, are repealed. (59) In ARTICLE 9 of the bill, insert the following appropriately numbered new SECTIONS and renumber ARTICLE 9 of the bill appropriately: SECTION 9.__. (a) Effective June 1, 2003, Section 912.201, Insurance Code, is amended to read as follows: Sec. 912.201. SCHEDULE OF CHARGES. A county mutual insurance company shall file with the department a schedule of the amounts the company charges a policyholder or an applicant for a policy, regardless of the term the company uses to refer to those charges, including "rate," "policy fee," "inspection fee," "membership fee," or "initial charge." An insurer shall file the schedules required under this section according to rules promulgated by the commissioner. (b) Until June 1, 2003, Section 6, Article 17.25, Insurance Code, is amended to read as follows: Sec. 6. FILE SCHEDULE OF CHARGES. Such companies shall file with the Board a schedule of its rates, the amount of policy fee, inspection fee, membership fee, or initial charge by whatever name called, to be charged its policyholders or those applying for policies. Items required under this section shall be filed according to rules promulgated by the commissioner. SECTION 9.__. Section 1(2), Article 21.81, Insurance Code, is amended to read as follows: (2) "Authorized insurer" means any insurer authorized by the Texas Department of Insurance to write motor vehicle liability coverage under the provisions of Chapter 5 of this code. Except as provided by Section 13(f), Article 5.13-2, of this code, the [The] term does not include an insurer organized under Chapter 17 of this code. (60) Insert the following new ARTICLE, appropriately numbered, and renumber the ARTICLES of the bill accordingly:
ARTICLE __. INFORMATIONAL RATE FILINGS
FOR CERTAIN COMPANIES
SECTION ____. Chapter 911, Insurance Code, as effective June 1, 2003, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. INFORMATIONAL RATE FILINGS
FOR RESIDENTIAL PROPERTY INSURANCE
Sec. 911.351. APPLICABILITY. This subchapter applies only to the regulation of rates for residential property insurance issued by a farm mutual insurance company. Sec. 911.352. DEFINITION. In this subchapter, "residential property insurance" means insurance coverage against loss to real or tangible personal property at a fixed location that is provided through a residential fire and allied lines policy. Sec. 911.353. INFORMATIONAL RATE FILINGS. A farm mutual insurance company shall file with the department, for informational purposes only, all rates and additional information as required by the commissioner for residential property insurance risks written in this state. Sec. 911.354. RATING STANDARDS. (a) Rates established by a farm mutual insurance company for residential property insurance may not be excessive, inadequate, unreasonable, or unfairly discriminatory for the risks to which they apply. (b) For purposes of this subchapter, a rate is: (1) excessive if the rate is likely to produce a long-term profit that is unreasonably high in relation to the insurance coverage provided; (2) inadequate if the rate is insufficient to sustain projected losses and expenses to which the rate applies, and continued use of the rate: (A) endangers the solvency of a company using the rate; or (B) has the effect of substantially lessening competition or creating a monopoly within any market; or (3) unfairly discriminatory if the rate: (A) cannot be actuarially justified; (B) does not bear a reasonable relationship to the expected loss and expense experience among risks; or (C) is based in whole or in part on the race, creed, color, ethnicity, or national origin of the policyholder or an insured. SECTION ____. Chapter 912, Insurance Code, as effective June 1, 2003, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. INFORMATIONAL RATE FILINGS
FOR PERSONAL AUTOMOBILE INSURANCE
Sec. 912.351. APPLICABILITY. This subchapter applies only to the regulation of rates for personal automobile insurance issued by a county mutual insurance company. Sec. 912.352. DEFINITION. In this subchapter, "personal automobile insurance" means motor vehicle insurance coverage for the ownership, maintenance, or use of a private passenger, utility, or miscellaneous type motor vehicle, including a motor home, trailer, or recreational vehicle, that is: (1) owned or leased by an individual or individuals; and (2) not primarily used for the delivery of goods, materials, or services, other than for use in farm or ranch operations. Sec. 912.353. INFORMATIONAL RATE FILINGS. A county mutual insurance company shall file with the department, for informational purposes only, all rates and additional information as required by the commissioner for personal automobile insurance risks written in this state. Sec. 912.354. RATING STANDARDS. (a) Rates established by a county mutual insurance company for personal automobile insurance may not be excessive, inadequate, unreasonable, or unfairly discriminatory for the risks to which they apply. (b) For purposes of this subchapter, a rate is: (1) excessive if the rate is likely to produce a long-term profit that is unreasonably high in relation to the insurance coverage provided; (2) inadequate if the rate is insufficient to sustain projected losses and expenses to which the rate applies, and continued use of the rate: (A) endangers the solvency of a company using the rate; or (B) has the effect of substantially lessening competition or creating a monopoly within any market; or (3) unfairly discriminatory if the rate: (A) cannot be actuarially justified; (B) does not bear a reasonable relationship to the expected loss and expense experience among risks; or (C) is based in whole or in part on the race, creed, color, ethnicity, or national origin of the policyholder or an insured. Sec. 912.355. REFUND OF EXCESSIVE OR DISCRIMINATORY PREMIUM; DISCOUNT. A county mutual insurance company required to make informational rate filings under this subchapter is, with regard to the rates required to be filed, subject to Article 5.146. Sec. 912.356. EXPIRATION. This subchapter expires September 1, 2004. SECTION ____. A farm mutual insurance company required to make informational rate filings under Subchapter H, Chapter 911, Insurance Code, as added by this Act, shall make an initial informational rate filing as required by the commissioner not later than the 30th day after the effective date of this Act. SECTION ____. (a) A county mutual insurance company required to make informational rate filings under Subchapter H, Chapter 912, Insurance Code, as added by this Act, shall make an initial informational rate filing as required by the commissioner not later than the 30th day after the effective date of this Act. (b) The expiration of Subchapter H, Chapter 912, Insurance Code, as added by this Act, does not affect an action or proceeding against a county mutual insurance company subject to that law for a failure to comply with that law before its expiration, regardless of when the action or proceeding was commenced, and that law is continued in effect for this purpose. SECTION ____. This article takes effect June 1, 2003.