Amend CSSB 14 by adding the following appropriately numbered 
ARTICLE and renumbering existing ARTICLES of the bill 
appropriately:
	ARTICLE _____. RATES FOR PROFESSIONAL LIABILITY INSURANCE FOR 
PHYSICIANS AND HEALTH CARE PROVIDERS
	SECTION _____.01. Chapter 5, Insurance Code, is amended by 
adding Subchapter T to read as follows:
	SUBCHAPTER T. RATES FOR PROFESSIONAL LIABILITY INSURANCE FOR 
PHYSICIANS AND HEALTH CARE PROVIDERS
	Art. 5.161. CONTINGENT ROLLBACK. (a) If a cap on noneconomic 
damages in health care liability claims becomes constitutional by 
voter approval of an amendment to the Texas Constitution or is 
determined to be constitutional by the supreme court, any insurer 
that delivers, issues for delivery, or renews a policy of 
professional liability insurance for physicians or health care 
providers in this state on or after the 30th day after the effective 
date of the constitutional amendment or the date the cap was 
determined to be constitutional may not charge more for the policy 
than 85 percent of the amount the insurer charged that insured for 
the same coverage immediately before the effective date of the 
constitutional amendment or the date that the cap was determined to 
be constitutional, or, if the insurer did not insure that insured 
immediately before that date, 85 percent of the amount the insurer 
would have charged that insured, provided that the rate was not 
artificially inflated prior to the determination of 
constitutionality.  An insurer may petition the commissioner for an 
exception to the rate reduction.  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.  The contingent rate rollback required 
by this article does not apply to a policy or coverage delivered, 
issued for delivery, or renewed for a public hospital in this state.
	(b) If a cap on noneconomic damages in health care liability 
claims becomes constitutional by voter approval of an amendment to 
the Texas Constitution or is determined to be constitutional by the 
supreme court, 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 cap on noneconomic damages in 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, provided that the rate 
was not artificially inflated prior to the determination of 
constitutionality.
	(c) If a cap on noneconomic damages in health care liability 
claims becomes constitutional by voter approval of an amendment to 
the Texas Constitution or is determined to be constitutional by the 
supreme court, 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 cap on noneconomic damages in 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, provided that the rate was not artificially 
inflated prior to the determination of constitutionality.