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Amend CSSB 14 (House Committee Printing) as follows:
(1) Insert the following new ARTICLE 4A to read as follows:
ARTICLE 4A. EXEMPTIONS FROM CERTAIN RATE REQUIREMENTS
SECTION 4A.01. Subchapter B, Chapter 5, Insurance Code, is
amended by adding Article 5.13-2C to read as follows:
Art. 5.13-2C. EXEMPTIONS FROM RATE FILING AND APPROVAL
REQUIREMENTS FOR CERTAIN INSURERS
Sec. 1. DEFINITIONS. In this article:
(1) "Credit score" has the meaning assigned by Article
21.49-2U of this code.
(2) "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.
(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.
Sec. 2. APPLICABILITY. (a) Except as provided by
Subsection (b) of this section, this article applies only to an
insurer that, during the calendar year preceding the date filing is
otherwise required under Article 5.13-2 or Article 5.142 of this
code, issued residential property insurance policies in this state
that accounted for less than two percent of the total amount of
premiums collected by insurers for residential property insurance
policies issued in this state, more than 50 percent of which cover
property:
(1) valued at less than $100,000; and
(2) located in an area designated by the commissioner
as underserved for residential property insurance under Article
5.35-3 of this code.
(b) If an insurer described by Subsection (a) of this
section is a member of an affiliated insurance group, this article
applies to the insurer only if the total aggregate premium
collected by the group accounts for less than two percent of the
total amount of premiums collected by insurers for residential
property insurance policies issued in this state.
Sec. 3. EXEMPTION. (a) Except as provided by Subsection (b)
of this section, an insurer described by Section 2 of this article
is exempt from the rate filing and approval requirements of Article
5.142 of this code, and, on and after September 1, 2004, Article
5.13-2 of this code.
(b) An insurer described by Section 2 of this article that
proposes to increase the premium rates charged policyholders for a
residential property insurance product by 10 percent or more than
the amount the insurer charged policyholders for the same or an
equivalent residential property insurance product during the
preceding calendar year must file the insurer's proposed rates in
accordance with Article 5.142 or Article 5.13-2 of this code, as
applicable, and obtain approval of the proposed rates as provided
by the applicable article.
(2) Strike added Subchapter H, Chapter 911, Insurance Code.