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Amend CSSB 14 as follows:
SECTION 1. Art. 1.15, Texas Insurance Code, is amended by
adding a new Section 11 as follows:
Sec. 11. (a) The Department shall review any insurer or
group of insurers licensed to write private passenger automobile or
residential property insurance in this state for purposes of
ascertaining the business practices, performance, and operations
of an insurer. Insurers shall make available to the Department for
review or duplication all papers, books, records, documents, files,
or other relevant information.
(b) The review shall be independent of the examination of
financial condition of the insurer, and include but not be limited
to advertising, trade, rating, claim, underwriting, and other
practices, performance, or operations not wholly related to the
financial solvency of an insurer.
(c) For insurers with a market share greater than five
percent in either private passenger automobile or residential
property insurance, the Department shall conduct a review no less
than every twelve months. For insurers with a market share less
than or equal to five percent in either private passenger
automobile or residential property insurance, the Department shall
conduct a review no less than every two years. The period between
reviews shall begin on the completion of the previous review under
this Section. Market share shall be determined by the most recent
four consecutive calendar quarters for which market share data is
available.
(d) The Department may conduct non-financial and financial
reviews of an insurer under this Article simultaneously. The
review shall result in distinct and separate reports on financial
practices, performance and operations and on nonfinancial
practices, performance and operations.
(e) The Department shall publish a schedule of mandatory
reviews no later than September 1 of each year for the upcoming
twelve-month period. The schedule shall not preclude the
Department from conducting reviews on a more frequent basis. To the
greatest extent possible, the Department shall notify an insurer of
an upcoming review not on the published schedule, unless there is
probable and documented cause for a known violation of this Code and
notification may result in the possible destruction or alteration
of information subject to review under this Article.
(f) This Section shall not be construed to be exclusive
authority or limit reviews, reports, or remedies in any manner. All
other provisions of this Code or any other law are in addition to,
and shall be harmonized with, the provisions of this Section.
SECTION 2. The Department shall publish the schedule for
reviews under Sec. 11, Art. 1.15, Texas Insurance Code, no later
than 90 days after the effective date of this Act. All initial
reviews shall be completed in accordance with the schedule
published by the Commissioner.