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Amend CSSB 14 by adding a new Article to the bill,
appropriately numbered, as follows:
ARTICLE _____. PRIOR APPROVAL
SECTION_____.01. Chapter 21, Insurance Code, is amended by
adding new Article 21.21-F to read as follows:
Article 21.21-2F. Prior Approval. Notwithstanding any other
law to the contrary, other than a statute mandating a rate rollback,
no insurer may change a rate, rating factor, policy form, or
endorsement for personal automobile or residential property
insurance that has not been expressly approved by the commissioner.
This article applies to all insurers writing personal automobile
and residential property insurance, including Lloyds plan,
reciprocal, interexchange, county mutual, and farm mutual
insurers.
If the commissioner has not issued an order approving the
filing within 30 days after the filing of the application, the
insurer may request a hearing on the application, to be held at the
State Office of Administrative Hearings under Government Code
Chapter 2001. The burden of proof in any such hearing shall be on
the insurer. The hearings examiner must issue a proposal for
decision within 30 days after the filing of the request for a
hearing. The hearings examiner's proposed order shall be final
unless the commissioner issues a different order within 15 days
after the commissioner receives the proposed order.