Amend CSSB 14 as follows:                                                    
	(1)  On page 6, line 17 between "(a)" and "An" insert 
"Notwithstanding any other law, Article 5.26-1 applies to rates for 
residential property insurance during the rollback period 
identified in Article 5.26-1".
	(2)  Strike SECTION 3.07 of the bill by adding a new Article 
to the bill, appropriately numbered, as follows:

ARTICLE _____ RATE ROLLBACK FOR HOMEOWNERS INSURANCE
	SECTION _____.01.  Subchapter C, Chapter 5, Insurance Code, 
is amended by adding Article 5.26-1 to read as follows:
	Article 5.26-1.  Rate Rollback                                          
	Sec. 1.  No insurer may charge rates for residential property 
insurance on policies issued or renewed during the rollback period 
that are greater than the insurer's rates for the same type of 
coverage that were in effect on January 1, 2001.
	Sec. 2.  "The rollback period" begins October 1, 2003, and 
ends September 30, 2004.
	Sec. 3.  In the event of any conflict between this article and 
Article 5.26 of this chapter, Article 5.142 of this code, or any 
other law, this article shall prevail.
	Sec. 4.  A replacement value policy in effect during the 
rollback period is the same type of policy as an HOB policy in 
effect on January 1, 2001 and an actual cash value policy in effect 
during the rollback period is the same type of policy as an HOA 
policy in effect on January 1, 2001.  If an insurer was not writing 
insurance in this state on January 1, 2001, then its rates shall be 
deemed to be the benchmark rates set by the Commissioner in effect 
on January 1, 2001.
	Sec. 5.  Every insurer subject to this article shall file with 
the Department no later than July 1, 2003 a copy of all of its rates 
and rating factors in effect in this state on January 1, 2001, and 
shall include a sworn affidavit from an officer of the company 
attesting that the rates filed were the rates in effect on January 
1, 2001.
	Sec. 6.  During the rollback period, the Commissioner may 
permit an insurer to charge higher rates than those provided in 
section (1) of this article only if higher rates are required by the 
Texas or United States Constitution.  In that event, the 
Commissioner shall only permit the insurer to increase rates to the 
minimum level required to comply with the Texas and United States 
constitutions.  Any insurer that seeks to charge rates in excess of 
the amounts provided in section (1) of this article must file with 
the Commissioner, no later than July 1, 2003, a written request to 
do so.  The request must include all evidence the insurer will rely 
on at the hearing, including a written and sworn copy of all 
testimony and all exhibits that will be offered.  An insured, the 
public insurance counsel, and any other interested person may 
participate in the hearing.  Notwithstanding any other provision of 
this code or the Government Code, the hearing shall not be conducted 
by the State Office of Administrative Hearings, but directly by the 
commissioner.  The burden of proof is on the insurer to show that 
the rate reduction specified in section (1) would produce rates in 
violation of the Texas or U.S. constitution.  The Commissioner 
shall conduct the hearing no later than September 1, 2003, and issue 
an order on the request no later than September 5, 2003.  Not later 
than the 10th day after the date of the commissioner's order, the 
insurer, an insured, the public insurance counsel, or any other 
interested person may file a petition for judicial review in a 
district court in Travis County.  The standard of review of the 
commissioner's order is substantial evidence.  During the appeal 
brought by an insurer, the insurer may charge rates above those in 
effect on January 1, 2001.  If on final appeal the court finds that 
rates below those actually charged by the insurer would have 
complied with the Texas and U.S. constitutions, the insurer shall 
refund the difference in overcharged premium to each policyholder 
(calculated by subtracting the premium under the rates determined 
by the court to comply with the Texas and U.S. constitutions from 
the premiums actually charged by the insurer), plus twelve percent 
simple interest per annum.
	Sec. 7.  This article applies to all insurers, including a 
reciprocal or interinsurance exchange, mutual, capital stock 
company, fraternal benefit society, farm mutual, local mutual aid 
association, county mutual insurance company, association, Lloyd's 
plan company, and any other entity writing residential property 
insurance.