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Amend CSSB 14 following ARTICLE 4 of the bill (page 54 between
lines 18 and 19) by inserting the following new ARTICLE,
appropriately numbered, and renumbering subsequent ARTICLES and
SECTIONS of the bill appropriately:
ARTICLE _____. SANCTIONS FOR RATES IN VIOLATION OF CODE
SECTION _____.01. Chapter 82, Insurance Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. ADDITIONAL SANCTIONS FOR RATES IN VIOLATION OF CODE
Sec. 82.101. RATE REFUND. (a) Notwithstanding any other
provision of this code, the commissioner by order issued after
notice and opportunity for hearing may require a company regulated
by the commissioner to make a refund of an excessive premium
charged.
(b) The commissioner may require a refund under this section
if the commissioner finds that the premium was charged under a
rate, rating manual, rating schedule, plan of rules, rating rule,
classification system, territory code or description, or other
similar information used by the insurer to determine the applicable
premium that violates:
(1) this code or another insurance code of this state;
or
(2) a rating criteria or standard established by or
under this code or another insurance code of this state.
Sec. 82.102. AMOUNT OF REFUND. Except as provided by Section
82.103, an insurer required to make a refund under this section
shall pay to the individual who paid the premium:
(1) the total amount of premium paid in violation of a
law, criteria, or standard described by Subsection (a)(1) or (2)
during the entire period the excessive premium was paid; and
(2) reasonable interest on that amount, in a amount
established by the commissioner, beginning on the date on which the
excessive premium was paid and ending on the date the refund is
paid.
Sec. 82.103. DE MINIMUS REFUND NOT REQUIRED. The
commissioner shall declare a rate found to be excessive under this
subchapter by 7.5 percent or less to be de minimus. A company is not
required to directly refund an overcharge of less than 7.5 percent
to a person who is a policyholder at the time the refund is ordered
if the company agrees to reduce future rates by the amount of the
overcharge that would have otherwise been to be refunded plus the
prime rate of interest, as determined by the commissioner, plus one
percent.
Sec. 82.104. REMEDY CUMULATIVE. The sanction authorized by
this subchapter is in addition to any other sanction authorized by
this code or other insurance law by this state, including any other
law authorizing or requiring the payment of a refund. This section
does not authorize the commissioner to require a company to make
more than one refund with respect to the same excessive premium.
SECTION _____.02. This article applies only to refund of
premium billed on or after the effective date of this Act. Premium
billed before the effective date of this Act is governed by the law
as it existed at the time the premium was billed.