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Amend the Hardcastle amendment by striking Art. 21.49-2K and
substituting the following:
Art. 21.49-2K. MIGRATION OF AUTO INSUREDS. (a) In order to
prevent the circumvention of the state's rate regulation of
personal automobile insurance through the migration of insureds
from insurers subject to regulation to county mutual insurers, and
notwithstanding any other law, a county mutual insurance company
that is affiliated with an automobile insurer subject to Article
5.101 of this code may not write personal automobile insurance for
any insured at a rate, including any applicable policy fee, that,
after the application of any discount available to the insured, is
lower than the highest rate allowed under the flexibility band for
that classification and territory after the application of
mandatory discounts and surcharges under department rules.
(b) Not later than the 60th day after the effective date of a
benchmark rate, a county mutual insurance company shall make any
filing necessary to comply with this section. The rates of the
county mutual insurance company that are in effect on the effective
date of the benchmark rate continue in effect until the filing is
made.
(c) This section applies only to a rate applicable to new
insurance policies that are delivered or issued for delivery to be
effective on or after January 1, 2004 and to a renewal insurance
policy that is delivered or issued for delivery to be effective on
or after January 1, 2005. A county mutual insurance company writing
risks within the flexibility bands on the effective date of this Act
shall file with the commissioner of insurance a transition plan
demonstrating the orderly transition for renewal policies. The
commissioner of insurance may adopt reasonable rules necessary to
implement the transition of renewal policies.
(d) This section does not apply to single interest insurance
or insurance on mobile homes, motor homes, travel trailers,
motorcycles, antique/classic, custom or specialty automobiles.