SRC-TJG, LBB, MSY S.B. 14 78(R)BILL ANALYSIS


Senate Research CenterS.B. 14
By: Jackson
Business & Commerce
7/25/2003
Enrolled


DIGEST AND PURPOSE 

The commissioner of insurance (commissioner) establishes benchmark rates
for automobile and residential property insurance.  Most homeowners and
many automobile owners are insured by companies not subject to benchmark
rate regulation.  S.B. 14 regulates the rates of personal automobile and
homeowners insurance under a prior approval system with a 30-day review
period by the Texas Department of Insurance (TDI) and one 30-day
extension.  If the rate has not been approved or disapproved during the
first 30-day review period, and TDI does not request an extension, the
rate is deemed approved.  If the rate has not been approved or disapproved
during either the first 30-day review period or the 30-day extension, the
rate is deemed approved.  The prior approval system would apply to
insurers writing homeowners and personal auto insurance in Texas,
including county mutuals, Lloyd's plan companies, and reciprocal or
interinsurance exchanges.  Under the prior approval system, an insurer is
required to file rates, rating manuals, supplementary supporting data, and
policy and service fees.  The bill also addresses rate standards, public
disclosure requirements, rights of insureds and the public insurance
counsel, required quarterly legislative reports, rate hearings, appeals,
judicial review, and circumstances for refund of overcharged premiums.   

Policy forms for automobile insurance are currently promulgated by the
commissioner, and all insurers writing automobile insurance in the state
are required to use the promulgated standard forms.  Currently,
residential property insurers may use either promulgated standard forms or
forms of national insurers or national organizations of insurers that have
been approved or adopted by the commissioner.  S.B. 14 regulates both
personal automobile and residential property insurance forms under a prior
approval system with a 60-day period for review by the insurance
department.  If a filed form is not approved or disapproved during the
60-day review period, the form is deemed approved and may be used by the
insurer.  The bill also addresses form standards, public disclosure
requirements, and the public insurance counsel's participation in the form
filing process. 

The bill also regulates commercial automobile insurance rates and forms
under the same system as commercial property insurance. 

Currently, the use of credit scoring by automobile and residential
property insurers is not regulated, and many insurers use credit scoring
in determining whether to write a risk or how to rate the risk.  S.B. 14
regulates the use of credit scoring through specified restrictions,
disclosure requirements, filing of credit models, and required appeal
procedures.  The bill restricts the use of credit information by insurers
including prohibitions on (1) using disputed credit information subject to
a pending dispute, medical bill collection information,  and number of
insurance inquiries or non-consumer-initiated credit inquiries; (2) making
a determination in whole or in part on the fact that a person has little
or no credit history or on a person's ownership or possession of a
particular type of credit card, charge card, or debit card; (3)  using
credit information that is arbitrary, capricious, or unfairly
discriminatory; (4) using the race, color, religion, or national origin of
an insured or applicant; and (5) using the gender of an insured or
applicant.  The bill requires insurers to file credit scoring models with
the insurance department; such models are subject to disclosure under the
public information act.  The bill prohibits consumer reporting agencies,
with certain exceptions, from providing or selling data or lists that
include any information submitted in conjunction with an insurance inquiry
about a consumer's credit information or a request for a credit report or
insurance score.   The bill requires an insurer to indemnify, defend, and
hold its agents harmless from and against all liability, fees, and costs
that arise out of or relate to the actions, errors, or omissions of an
agent who obtains or uses credit information or insurance scores for the
insurer if the agent follows the instructions of or procedures established
by the insurer and complies with applicable law or rule. 

S.B. 14 requires residential property insurers to file the insurer's
initial rates, supporting information, and supplementary rating
information not later than the 10th day after the effective date of the
article.  The insurer may notify TDI that the insurer is using the rate
filing required under S.B. 310 passed earlier this session or the insurer
may file a new rate and supporting information.  The filed rates are
subject to approval or modification by TDI not later than the 20th day
after the effective date of this article for each insurer with $10 million
or more in direct written premium during 2002, and not later than the 80th
day after the effective date of this article for each insurer with less
than $10 million in direct written premium during 2002.  The insurer may
appeal TDI's modification of its rates to the commissioner not later than
the 10th day after the date of receipt by the insurer of the notification
of the modification.  The bill addresses hearing procedures for the
appealed rates, judicial review procedures, and use of existing rates or
modified rates during the pendency of the appeal.  The bill requires an
insurer writing personal automobile insurance in this state to file its
initial rates with TDI in accordance with a schedule determined by the
commissioner. 

Currently, insurers for all lines of insurance must file their
underwriting guidelines with TDI upon request.  The filed guidelines are
confidential.  S.B. 14 requires all personal automobile and residential
property insurers to file their underwriting guidelines with TDI.  The
guidelines are subject to disclosure under the public information act.
The bill continues TDI's authority  to request underwriting guidelines for
other lines of insurance. 

Currently, some insurers are exempt from the filing of a withdrawal plan
upon withdrawing from writing insurance in the state or reducing the
insurer's total annual premium volume by 75 percent or more in any line,
including Lloyd's plan insurers, reciprocals or interinsurance exchanges,
and county mutuals.  Currently, the commissioner is required to approve a
withdrawal plan unless the commissioner holds a hearing before the 31st
day after the date the plan is filed. S.B. 14 provides that all insurers,
including Lloyd's plan insurers, reciprocals or interinsurance exchanges,
and county mutuals, are subject to the requirements of the withdrawal plan
statute. The bill authorizes the commissioner to determine the date that
the withdrawal is to begin and to modify, restrict, or limit the
withdrawal in any manner if the commissioner finds that any line of
insurance described in the filed withdrawal plan is not offered in the
state in a quantity or manner adequate to cover the risks or protect the
interests of the citizens of Texas.  

The bill creates a property and casualty legislative oversight committee
comprised of seven members, including the chair of the Senate Business and
Commerce Committee, the chair of the House Committee on Insurance, two
members of the senate appointed by the lieutenant governor, two members of
the house of representatives appointed by the speaker of the house, and
the public insurance counsel.  The purpose of the committee is to (1)
monitor the progress of property and casualty insurance regulation reform,
including the fairness of rates, underwriting guidelines, rating manuals,
the availability of coverage, the effect of rate rollbacks, credit
scoring, and regulation of the homeowners and auto insurance markets; (2)
receive information about rules relating to property and casualty
insurance; and (3) review insurance department legislative
recommendations.  The committee shall report not later than November 15 of
each even-numbered year to the governor, lieutenant governor, and speaker
of the house of representatives on an analysis of any problems caused by
property and casualty insurance regulation reform and  make legislative
recommendations to address problems and foster stability and availability
within the industry.  The committee is abolished September 1, 2007. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 1.01 (Section 3, Section 4, and Section 16, Article 5.142, and
Article 5.171, Insurance Code), SECTION 2.01 (Section 6, Article 5.145,
Insurance Code), SECTION 3.01(Section 13, Article 21.49-2U, Insurance
Code), SECTION 5.03 (Section 2, Article 5.13-2 Insurance Code), SECTION
6.06 ( Section 5, Article 5.13-2, Insurance Code), SECTION 6.08 (Section
13, Article  5.13-2, Insurance Code), SECTION 6.10 (Section 15, Article
5.13-2, Insurance Code), SECTION 9.02 (Section 5, Article 21.49, Insurance
Code), SECTION 9.03 (Section 6A, Article 21.49, Insurance Code), SECTION
9.04 (Section 6C, Article 21.49, Insurance Code), SECTION 9.05 (Section
6D, Article 21.49, Insurance Code), SECTION 12.05 (Section 2A and 2B,
Article 21.74, Insurance Code), SECTION 15.03 (Section 36.005, Insurance
Code) SECTION 21.40 (Section 912.002, Insurance Code), and SECTION 21.43
(Section 941.003, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.01.  Amends Chapter 5, Insurance Code, by adding Subchapter Q,
S, and U as follows: 

SUBCHAPTER Q.  RATES FOR CERTAIN LINES

Art.  5.142.  RATES FOR RESIDENTIAL PROPERTY INSURANCE COVERAGE

Sec.  1.  SCOPE.  Provides that this article governs the regulation of
rates for residential property insurance. 

Sec.  2.  DEFINITIONS.  (a) Defines "advisory organization,"
"classification," "disallowed expenses," "filer," "insurer," "line,"
"rate," "rating manual," "residential property insurance," "supplementary
rating information," and  "supporting information." 

(b) Provides that for purposes of this subchapter, a rate is excessive if
it meets certain conditions, inadequate if it meets certain conditions, or
unfairly discriminatory if it meets certain conditions. 

Sec.  3.  RATING CRITERIA.  (a)  Requires an insurer to set rates for each
line in accordance with this section.  
  
  (b)  Requires an insurer to consider certain factors in setting rates.

(c)  Authorizes an insurer to group risks by classification for the
establishment of rates and minimum premiums and modify classification
rates to produce rates for individual risks in accordance with rating
plans that establish standards for measuring variations in those risks on
the basis of any factors listed in Subsection (b) of this section. 

(d)  Prohibits rates established under this section from being excessive,
inadequate, unreasonable, or unfairly discriminatory for the risks to
which they apply. 

(e)  Requires an insurer to use its own historical premium and loss data ,
as well as its own data for expenses and for profit and contingency
factors, in setting rates applicable to policyholders in this state.
Authorizes the commissioner of insurance (commissioner) to require an
audit of the insurer's historical premium and loss data.  Authorizes the
insurer to separately supplement its own historical premium and loss data
with industry-wide historical premium and loss data for this state as
necessary.  Authorizes the commissioner by rule to establish requirements
for reporting historical premium and loss data under this subsection. 

Sec.  4.  RATE FILINGS.  (a)  Requires an insurer to file with the Texas
Department of Insurance (TDI) all rates, supplementary rating information,
supporting information, and all applicable rating manuals for risks
written in this state.  Requires the insurer to include in the filing any
statistics or other information to support the rates to be used by the
insurer and as required by the commissioner by rule, including information
necessary to evidence that the computation of the rate does not include
disallowed expenses.  Requires an insurer to include in the filing all
information concerning policy fees, service fees, and other fees that are
charged or collected by the insurer under Article 21.35B of this code. 
 
(b)  Requires the insurer to file with each rate filing a certificate by
an officer of the insurer that all rate classifications, the rates
applicable to those classifications, and the risk factors to which those
classifications apply are based on reasonably sound and verifiable
actuarial principles and that no classifications are unfairly
discriminatory. 

(c)  Authorizes the commissioner to simplify filing requirements by rule
for small insurers and new insurers, subject to certain limitations. 

Sec.  5.  PRIOR APPROVAL REQUIRED.  (a)  Prohibits an insurer from using a
rate until the rate has been filed with TDI and approved by the
commissioner as provided by this section.  Provides that for purposes of
this section, a rate is filed with TDI the date the rate filing is
received by TDI. 

(b)  Requires the commissioner, not later than the 30th day after the date
the rate is filed with TDI to approve the rate if the commissioner
determines that the rate complies with the requirements of this article or
disapprove the rate if the commissioner determines that the rate does not
comply with the requirements of this article. 

(c)  Requires the commissioner to provide written or electronic
notification of the approval to the insurer,  if the commissioner approves
a rate filing.  Authorizes the insurer to use the rate, on receipt of the
notice of the commissioner's approval of a rate. 

(d)  Provides that the rate is deemed approved and authorizes the insurer
to use the rate, except as provided by Subsection (e) of this section or
Section 9 of this article, if the rate has not been approved or
disapproved by the commissioner before the expiration of the 30-day period
described by Subsection (b) of this section. 

(e)  Authorizes the commissioner to extend the period for approval or
disapproval of a rate filing for an additional 30-day period on the
expiration of the 30-day period described by Subsection (b) of this
section.  Provides that if the rate has not been approved or disapproved
by the commissioner before the expiration of the additional 30-day period
described in this subsection, the rate is deemed approved and the insurer
is authorized to  use the rate.  Prohibits the commissioner from extending
the period for approval or disapproval of a rate filing beyond the
additional 30-day period described in this subsection. 

(f)  Requires that if TDI has requested additional information from the
insurer during the first 30-day review period provided under Subsection
(b) of this section or under the second 30-day review period provided
under Subsection (e) of this section, the period of time between the date
of TDI's submission of the request for additional information to the
insurer and the date of the receipt of the additional information by TDI
from the insurer not be counted in the days to determine what constitutes
the first 30-day review period or the second 30-day review period.
Provides that for purposes of this subsection, the date of  TDI's
submission of the request for additional information is the date of the
email or telephone call or postmarked date on the letter pertaining to the
request for additional information. 

(g)  Requires that from the date of the filing of the rate with the
commissioner to the effective date of the new rate, the insurer's
previously filed rate that is in effect as provided in this article remain
in effect. 

Sec. 6.  DISAPPROVAL; WITHDRAWAL OF APPROVAL.  (a)  Requires the
commissioner to disapprove a rate filed under this article if the
commissioner determines that the rate does not meet the requirements of
this article.  Authorizes the commissioner to consider the extent and
nature of market competition in the personal automobile  insurance and
residential property insurance markets and the availability or lack of
availability of personal automobile insurance and residential property
insurance in determining whether to disapprove any rates filed under this
article. 

(b)  Requires the commissioner to issue an order specifying in what
respects the rate filing fails to meet the requirements of this article,
if the commissioner disapproves a rate filing before the 30th day after
the date of the filing of the rate with TDI, as provided in Section
5(b)(2) of this article and Subsection (e) of this section, or before the
expiration of the additional 30-day period as provided in Section 5(e) of
this article and Subsection (e) of this section.  Requires  the
commissioner's order to include the rates and terms which the commissioner
would approve for use by the insurer, if the insurer has filed all of the
information required to be filed under Section 4 of this article.
Provides that filer is entitled to a hearing on written request to the
commissioner not later than the 30th day after the effective date of the
disapproval order. 

(c)  Requires the commissioner to notify in writing the insurer that made
the filing and authorizes issuance of a withdrawal of approval order only
after a hearing held not sooner than the 20th day after the date of the
written notice, if the commissioner withdraws approval of a rate that is
in effect,.  Requires the order to be issued not later than the 15th day
after the close of the hearing and to specify how the rate fails to meet
the requirements of this article.  Requires the order to state the future
date on which the further use of the disapproved rate is prohibited and,
if applicable, specify the interim rate as provided in Subsection (d) of
this section. 

(d)  Authorizes the commissioner to specify an interim rate at the time
the order is issued, if an insurer has no legally effective rate because
of an order withdrawing the approval of rates that are in effect.
Authorizes the interim rate to be modified by the commissioner on the
commissioner's own motion or on motion by the insurer.  Requires the
interim rate or any modification of that rate to take effect on the date
specified in the commissioner's order. 

(e)  Requires a commissioner's order disapproving a rate or withdrawing
the previous approval of a rate, and any notice of the commissioner's
intent to withdraw a previous approval, to state the grounds for the
disapproval or for the withdrawal of previous approval in sufficient
detail to reasonably inform the filer of the grounds. 

(f)  Prohibits an insurer from using a rate in this state after
disapproval or withdrawal of approval of the rate by the commissioner,
except as provided by Section 13(b) of this article. 

Sec. 7.  SUPERVISION REQUIREMENT.  Authorizes the commissioner to require
the insurer to file with the commissioner all rates, supplementary rating
information, and any supporting information prescribed by the
commissioner, if the commissioner determines after a hearing that an
insurer's rates require supervision because of the insurer's financial
condition or the insurer's rating practices. 

Sec. 8.  PUBLIC INFORMATION.  Provides that each rate filing and any
supporting information filed under this article are subject to disclosure
under Chapter 552 (Public Information), Government Code, as of the date
the filing is received by the commissioner. 

Sec. 9.  RIGHTS OF INSUREDS, PUBLIC INSURANCE COUNSEL, AND OTHERS.
Authorizes an insured, the public insurance counsel, and any other
interested person to make a written application to the commissioner not
later than the 20th day after the date of a rate filing under Section 5 of
this article requesting a hearing on the rate filing. Requires the
application to specify the grounds on which the applicant is requesting
the hearing.  Requires the commissioner to conduct a hearing under Chapter
2001  (Administrative Procedure), Government Code, if the commissioner
finds that the application is made in good faith and that the applicant
establishes reasonable grounds to justify holding the hearing.  Provides
that after that hearing, the commissioner has 30 days to disapprove the
filing under Section 6 of this article, or it is deemed approved. 

Sec. 10.  QUARTERLY LEGISLATIVE REPORT.  (a)  Requires each insurer
subject to this article to file with the commissioner on a quarterly basis
information relating to changes in losses, premiums, and market share. 

(b)  Requires the commissioner to report on a quarterly basis to the
governor, the lieutenant governor, and the speaker of the house of
representatives on the information provided by the insurers' reports,
summary information obtained from market conduct examinations and analyses
to the extent such information is not confidential by law, and consumer
complaints received by the TDI. 

Sec. 11.  RATE HEARINGS; ADMINISTRATIVE PROCEDURES.  Provides that Chapter
2001, Government Code, applies to all hearings on rates conducted under
this article.  Provides that to the extent of any conflict between this
article and Chapter 2001, Government Code, this article prevails. 

Sec. 12.  APPEAL.  Authorizes an insurer, the public insurance counsel, or
an interested person described by Section 9 of this article aggrieved by
an order of the commissioner issued under this article to, not later than
the 30th day after the date the commissioner issued the order, appeal the
order in accordance with Chapter 36 D, of this code. 

Sec. 13.  JUDICIAL REVIEW.  (a)  Authorizes an insurer to file a petition
for judicial review in a district court in Travis County not later than
the 10th day after the date of receipt of the commissioner's order under
Section 6(c) of this article.  Provides that the standard of review of the
commissioner's order is substantial evidence. 

(b)  Authorizes an insurer to charge either its existing rates or the
rates as ordered by the commissioner, during the pendency of the appeal. 

Sec. 14.  REFUND REQUIRED.  Requires an insurer to refund the difference
in overcharged premium to each policyholder, plus interest, if on final
appeal the court upholds the commissioner's determination as to rates.
Provides that the interest rate is the prime rate plus one percent as
published in The Wall Street Journal on the first day of each calendar
year that is not a Saturday, Sunday, or legal holiday. 

Sec. 15.  NOTICE TO POLICYHOLDER.  Requires an insurer to send to each
holder of a policy of insurance subject to this article notice of any rate
increase scheduled to take effect on the renewal of the policy that
exceeds 10 percent of the amount paid by the policyholder for coverage
under the policy immediately before renewal. 

Sec. 16.  RULES.  Requires the commissioner to adopt rules as necessary to
implement this article. 

 Sec. 17.  EXPIRATION.  Provides that this article expires December 1,
2004. 
 
SUBCHAPTER S.  REFUND

Art. 5.144.  REFUND OF EXCESSIVE OR DISCRIMINATORY PREMIUM; DISCOUNT.  (a)
Defines "insurer," "personal automobile insurance," and "residential
property insurance." 

(b)  Authorizes the commissioner, except as provided by Subsection (d) of
this article, if the commissioner determines that an insurer has charged a
rate for personal automobile insurance or residential property insurance
that is excessive or unfairly discriminatory, as described by Article
5.13-2 or 5.101 of this code,  to: 

(1)  issue a refund of the excessive or unfairly discriminatory portion of
the premium directly to each affected policyholder if the amount of that
portion of the premium is at least 7.5 percent of the total premium
charged for the coverage; or 
   (2)  if the amount of that portion of the premium is less than 7.5
percent: 
(A)  provide each affected policyholder who renews the policy a future
premium discount in the amount of the excessive or unfairly discriminatory
portion of the premium; and 
(B)  provide each affected policyholder who does not renew or whose
coverage is otherwise terminated a refund in the amount described by
Subdivision (1) of this subsection. 

(c)  Authorizes an insurer, on or before the 20th day after the date an
order is issued under this article, to request a rate hearing to be
conducted by the State Office of Administrative Hearings to determine
whether the rate that is subject to the order is excessive and
discriminatory.  Authorizes the office of public insurance counsel to
participate in a hearing conducted under this subsection and present
evidence at the hearings. 

(d)  Authorizes the administrative law judge , after completion of the
rate hearing under Subsection (c) of this section, to prepare a proposal
for decision under Section 40.058 of this code and remand the case to the
commissioner recommending: 

  (1)  that the commissioner affirm the commissioner's order; or
(2)  additional review of the order by the commissioner to be completed
not later than the 10th day after the date the commissioner receives the
administrative law judge's proposal, that the parties enter into
negotiations, or that the commissioner take other appropriate action with
respect to the order within a time period specified by the administrative
law judge. 

(e)  Provides that an action or failure to act of the commissioner under
Subsection (d) of this section is subject to appeal under Subchapter D,
Chapter 36 of this code. 

(f)  Provides that this article does not apply to rates for personal
automobile insurance or residential property insurance for which an
insurer has obtained prior approval of those rates under Section 5A,
Article 5.13-2 of this code. 

(g)  Provides that Subsection (b) of this section applies prospectively to
a rate filed on or after the effective date of S.B. No. 14, Acts of the
78th Legislature, Regular Session, 2003. 

SUBCHAPTER U.  RATING TERRITORIES FOR CERTAIN LINES

Art. 5.171.  RATING TERRITORIES.  Prohibits an insurer from using rating
territories that subdivide a county unless the county is subdivided and
the rate for any subdivisions within that county is not greater than 15
percent higher than the rate used in any other subdivisions in the county
by that insurer, except that the commissioner may by rule allow a greater
rate difference for residential property insurance or personal automobile
insurance. 

Art. 5.172.  APPLICATION TO CERTAIN INSURERS.  Provides that this
subchapter does not apply to a county mutual insurance company, a Lloyd's
plan, and a reciprocal or interinsurance exchange, before January 1, 2004,
notwithstanding Sections 912.002, 941.003, 942.003, or any other provision
of this code. 

 PART B.  RATES FOR CERTAIN PERSONAL AUTOMOBILE INSURANCE

SECTION 1.02.  Amends the heading to Article 5.101, Insurance Code, to
read as follows: 

Art. 5.101.  FLEXIBLE RATING PROGRAM FOR PERSONAL AUTOMOBILE
INSURANCE  

SECTION 1.03.  Amends Section 1, Article 5.101, Insurance Code, as follows:

Sec. 1.  New heading: APPLICABILITY.  (a)  Provides that this article
applies only to personal automobile insurance. 

  (b)  Redesignated from Subsection (c).

SECTION 1.04.  Amends Section 2, Article 5.101, Insurance Code, by adding
Subdivision (6) to define  "personal automobile insurance." 

SECTION 1.05.  Amends Section 3, Article 5.101, Insurance Code, by
amending Subsection (e) and adding Subsection (r), as follows: 

(e)  Authorizes  an insurer to continue to use its previously filed rates
or make additional rate filings based on the previous benchmark rate for
new policies or policies renewing prior to the specified effective date of
its new rate, subject to certain limitations.  Deletes language requiring
rates proposed in filings made under this subsection to be just,
reasonable, adequate and not excessive for the risks to which they apply.

 (r)  Provides that an insurer who writes insurance in a line subject to
this article is subject to the rating standards described by Section 3A of
this article. 

SECTION 1.06.  Amends Article 5.101, Insurance Code, by adding Sections
3A, 3B, 3C, and 7, as follows: 

Sec. 3A.  RATING STANDARDS.  (a)  Prohibits rates used by insurers subject
to this article to be excessive, inadequate, unreasonable, or unfairly
discriminatory for the risks to which they apply. 

 (b)  Provides that for purposes of this section, a rate is:

(1)  excessive if the rate is likely to produce a long-term profit that is
unreasonably high in relation to the insurance coverage provided; 
(2)  inadequate if the rate is insufficient to sustain projected losses
and expenses to which the rate applies, and continued use of the rate: 
   (A)  endangers the solvency of an insurer using the rate; or
(B)  has the effect of substantially lessening competition or creating a
monopoly within any market; or 
  (3)  unfairly discriminatory if the rate:
   (A)  is not based on sound actuarial principles;
(B)  does not bear a reasonable relationship to the expected loss and
expense experience among risks; or 
(C)  is based wholly or partly on the race, creed, color, ethnicity, or
national origin of the policyholder or an insured. 

Sec. 3B.  CHANGE OF RATE WITHIN FLEXIBILITY BAND; REQUIRED FILING.
Requires an insurer who changes a rate used by the insurer that is
established within the flexibility band to file the changed rate with TDI
in the manner prescribed by rule by the commissioner, notwithstanding
Section 3(e) of this article. 

Sec. 3C.  REFUND.  Authorizes the commissioner to order the insurer to
make a refund in the manner prescribed by Article 5.144 of this code, if
the commissioner determines  that rates of an insurer do not comply with
the rating standards established under this article and are excessive or
discriminatory. 

 Sec. 7.  EXPIRATION.  Provides that this article expires December 1, 2004.


PART C.  TRANSITION

SECTION 1.07.  Requires an insurer's initial filing under Section 10,
Article 5.142, Insurance Code, as added by this article, to include the
information required under that section beginning with the calendar
quarter beginning January 1, 2003. 

ARTICLE 2.  POLICY FORMS AND ENDORSEMENTS

SECTION 2.01.  Amends Chapter 5, Insurance Code, by adding Subchapter T,
as follows: 

SUBCHAPTER T.  POLICY FORMS FOR CERTAIN LINES

Art. 5.145.  POLICY FORMS FOR PERSONAL AUTOMOBILE INSURANCE COVERAGE AND
RESIDENTIAL PROPERTY INSURANCE COVERAGE 

Sec. 1.  DEFINITIONS.  Defines "insurer," "personal automobile insurance,"
and "residential property insurance." 

Sec. 2.  REGULATION OF POLICY FORMS AND ENDORSEMENTS.  (a)  Provides that
an insurer is governed by the provisions of Section 8, Article 5.13-2 of
this code, relating to policy forms and endorsements for personal
automobile insurance and residential property insurance, notwithstanding
any other provision in this code and except as provided by this section. 

(b)  Authorizes an insurer to continue to use the policy forms and
endorsements promulgated, approved, or adopted under Articles 5.06 and
5.35 of this code on notification to the commissioner in writing that the
insurer will continue to use those forms. 

Sec. 3.  REQUIREMENTS FOR FORMS; PLAIN LANGUAGE REQUIREMENT.  (a) Requires
each form filed under this article to comply with applicable state and
federal law. 

(b)  Requires each form for a policy of personal automobile insurance to
provide the coverages mandated under Articles 5.06-1 and 5.06-3 of this
code unless the coverages are rejected by the named insured in the manner
provided by those articles. 

(c)  Prohibits use of a form if it is not in plain language.  Provides
that for the purposes of this section, a form is written in plain language
if it achieves the minimum score established by the commissioner on the
Flesch reading ease test or an equivalent test selected by the
commissioner or, at the option of the commissioner, if it conforms to the
language requirements in a National Association of Insurance Commissioners
model act relating to plain language. Provides that this section does not
apply to policy language that is mandated by state or federal law. 

Sec. 4.  PERSONAL AUTOMOBILE INSURANCE.  (a)  Provides that a contract or
agreement that is not written into the application for insurance coverage
and the personal automobile insurance policy is void and of no effect and
violates this article and Subchapter A of this chapter. 

(b)  Provides that a contract or agreement described by Subsection (a) of
this  section constitutes grounds for the revocation of the certificate of
authority of an insurer to write personal automobile insurance in this
state. 

Sec. 5.  PUBLIC INSURANCE COUNSEL.  Authorizes the office of public
insurance counsel to submit written comments to the commissioner and
otherwise participate regarding individual company filings made under
Article 5.13-2 of this code, notwithstanding Article 1.35A of this code. 

Sec. 6.  RULEMAKING.  Authorizes the commissioner to adopt reasonable and
necessary rules to implement this article. 

ARTICLE 3.  USE OF CREDIT SCORING

PART  A.  CREDIT SCORING

SECTION 3.01.  Amends Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.492U, as follows: 

Art. 21.49-2U.  USE OF CREDIT SCORING IN CERTAIN PERSONAL LINES OF
INSURANCE 

Sec. 1. DEFINITIONS.  Defines "adverse effect," "agent," "applicant for
insurance coverage," "consumer," "consumer reporting agency," "credit
information," "credit report," "credit score," "insurance score,"
"insured," "insurer," and "personal insurance."  

Sec. 2.  APPLICATION.  Provides that this article applies to an insurer
that writes personal insurance coverage and uses credit information or
credit reports for the underwriting or rating of that coverage. 

Sec. 3.  PROHIBITED USE OF CREDIT INFORMATION.  (a)  Prohibits an insurer
from: 
(1)  using a credit score that is computed using factors that constitute
unfair discrimination; 
(2)  denying, cancelling, or nonrenewing a policy of personal insurance
solely on the basis of credit information without consideration of any
other applicable underwriting factor independent of credit information; or 
(3)  taking an action that results in an adverse effect against a consumer
because the consumer does not have a credit card account without
consideration of any other applicable factor independent of credit
information. 

(b)  Prohibits an insurer from considering an absence of credit
information or an inability to determine credit information for an
applicant for insurance coverage or insured as a factor in underwriting or
rating an insurance policy unless the insurer: 

   (1)  has statistical, actuarial, or reasonable underwriting information
that: 
(A)  is reasonably related to actual or anticipated loss experience; and
(B)  shows that the absence of credit information could result in actual
or anticipated loss differences; 
(2)  treats the consumer as if the applicant for insurance coverage or
insured had neutral credit information, as defined by the insurer; or 
(3)  excludes the use of credit information as a factor in underwriting
and uses only other underwriting criteria. 

Sec. 4.  NEGATIVE FACTORS.  (a)  Prohibits an insurer from using any of
the following as a negative factor in any credit scoring methodology or in
reviewing credit information to underwrite or rate a policy of personal
insurance: 

  (1)  a credit inquiry that is not initiated by the consumer;
 (2)  an inquiry relating to insurance coverage, if so identified on a
consumer's credit report; or 
(3)  a collection account with a medical industry code, if so identified
on the consumer's credit report. 

(b)  Requires multiple lender inquiries made within 30 days of a prior
inquiry, if coded by the consumer reporting agency on the consumer's
credit report as from the home mortgage industry, to be considered by an
insurer as only one inquiry. 

(c)  Requires multiple lender inquiries made within 30 days of a prior
inquiry, if coded by the consumer reporting agency on the consumer's
credit report as from the motor vehicle lending industry, to be considered
by an insurer as only one inquiry. 

Sec. 5.  EFFECT OF EXTRAORDINARY EVENTS.  (a)  Requires an insurer, on
written request from an applicant for insurance coverage or an insured, to
provide reasonable exceptions to the insurer's rates, rating
classifications, or underwriting rules for a consumer whose credit
information has been directly influenced by a catastrophic illness or
injury, by the death of a spouse, child, or parent, by temporary loss of
employment, by divorce, or by identity theft.  Provides that in such a
case, the insurer may consider only credit information not affected by the
event or shall assign a neutral credit score. 

(b)  Authorizes an insurer to require reasonable written and independently
verifiable documentation of the event and the effect of the event on the
person's credit before granting an exception.  Provides that an insurer is
not required to consider repeated events or events the insurer
reconsidered previously as an extraordinary event. 

(c)  Authorizes an insurer to also consider granting an exception to an
applicant for insurance coverage or an insured for an extraordinary event
not listed in this section. 

(d)  Provides that an insurer is not out of compliance with any law or
rule relating to underwriting, rating, or rate filing as a result of
granting an exception under this article. 

Sec. 6.  DISPUTE RESOLUTION; ERROR CORRECTION.  (a)  Requires the insurer
to re-underwrite and re-rate the insured not later than the 30th day after
the date of receipt of the notice, if it is determined through the dispute
resolution process established under Section 611(a)(5), Fair Credit
Reporting Act (15 U.S.C. Section 1681i), as amended, that the credit
information of a current insured was inaccurate or incomplete or could not
be verified and the insurer receives notice of that determination from the
consumer reporting agency or from the insured. 

(b)  Requires the insurer to make any adjustments necessary within 30
days, consistent with the insurer's underwriting and rating guidelines,
after reunderwriting or re-rating the insured.   Requires the insurer to
credit the amount of overpayment if an insurer determines that the insured
has overpaid premium. Requires the insurer to compute the overpayment back
to the shorter of: 

  (1)  the last 12 months of coverage; or
  (2)  the actual policy period.

Sec. 7.  DISCLOSURE TO CONSUMERS FOR USE OF CREDIT SCORING.  (a)
Authorizes an insurer to use credit scoring to develop rates, rating
classifications, or underwriting criteria regarding lines of insurance
subject to this article except for factors that constitute unfair
discrimination. 

(b)  Requires an insurer that uses credit scoring in the underwriting or
rating of  insurance subject to this article to disclose to each applicant
for insurance coverage that the applicant's credit report may be used in
the underwriting or rating of the applicant's policy.  Requires the
disclosure to be provided at the time of application by the insurer or
agent and provides that it may be given orally, in writing, or
electronically. 
  
(c)  Provides that if a policy is issued to the applicant for insurance
coverage, an insurer or agent is not required to make the disclosure
required under Subsection (b) of this section on any subsequent renewal of
the coverage. 

(d)  Requires an insurer or its agents to disclose to its customers, on a
form promulgated by the commissioner, whether credit information will be
obtained on the applicant or insured or on any other member or members of
the applicant's or insured's household and used as part of the insurance
credit scoring process. Requires the insurer to disclose to the applicant
the name of each person on whom credit information was obtained or used
and how each person's credit information was used to underwrite or rate
the policy, if credit information is obtained or used on the applicant or
insured, or on any member of the applicant's or insured's household. 

Sec. 8.  NOTICE OF ACTION RESULTING IN ADVERSE EFFECT.  (a)  Requires an
insurer that takes an action resulting in an adverse effect with respect
to an applicant for insurance coverage or insured based in whole or in
part on information contained in a credit report, to provide certain
information to the applicant or insured within 30 days. 
  
(b)  Requires the insurer to include a description of not more than four
factors that were the primary influences of the action resulting in the
adverse effect. 

(c)  Provides that the use by the insurer of a generalized term such as
"poor credit history," "poor credit rating," or "poor credit score" does
not constitute sufficient notice under this section of the action
resulting in the adverse effect. 

(d)  Provides that standardized credit explanations provided by a consumer
reporting agency or other third-party vendors are also sufficient to
comply with this section. 

Sec. 9.  MANDATED FILING WITH DEPARTMENT.  Requires an insurer that uses
credit scores to underwrite and rate risks to file the credit scoring
models or other credit scoring processes with TDI.  Authorizes another
entity to file credit scoring models on behalf of an insurer.  Provides
that a filing that includes credit scoring may include loss experience
justifying the use of credit information. 

Sec. 10.  PUBLIC INFORMATION.  Provides that a credit scoring model filed
for purposes of compliance with this article, as of the date the filing is
received by the department: 

  (1)  is public information;
(2)  is not subject to any exceptions to disclosure under Chapter 552,
Government Code; and 
  (3)  cannot be withheld from disclosure under any other law.

Sec. 11.  INDEMNIFICATION.  (a)  Requires an insurer to indemnify, defend,
and hold its agent harmless from and against all liability, fees, and
costs that arise out of or relate to the actions, errors, or omissions of
an agent who obtains or uses credit information or credit scores for the
insurer if the agent follows the instructions of or procedures established
by the insurer and complies with any applicable law or rule. 

(b)  Prohibits this section from being construed to establish a cause of
action that does not exist in the absence of this section. 
 
Sec. 12.  SALE OF POLICY TERM INFORMATION BY CONSUMER REPORTING AGENCY
PROHIBITED.  (a)  Prohibits a consumer reporting agency from providing or
selling data or lists that include any information that, in whole or in
part, was submitted in conjunction with an insurance inquiry about a
consumer's credit information or a request for a credit report or credit
score, including: 

(1)  the expiration dates of an insurance policy or any other information
that may identify periods during which a consumer's insurance may expire;
and 
  (2)  the terms and conditions of the consumer's insurance coverage.

(b)  Provides that the restriction under Subsection (a) of this section
does not apply to data or lists that the consumer reporting agency
provides to: 

  (1)  the agent from whom information was received;
  (2)  the insurer on whose behalf the agent acted; or
  (3)  that insurer's affiliates.

(c)  Prohibits this section from being construed to restrict the ability
of an insurer to obtain a claims history report or a report regarding a
motor vehicle. 

Sec. 13.  RULES.  (a)  Authorizes the commissioner to adopt rules as
necessary to implement this article. 

(b)  Requires the commissioner to promulgate by rule the allowable
differences in rates charged by insurers due solely to the difference in
credit scores. 

Sec. 14.  EFFECT OF VIOLATION.  Provides that an insurer that violates
this article or a rule adopted under this article commits an unfair
practice in violation of Article 21.21 of this code and is subject to
sanctions under Chapter 82 of this code. 

Sec. 15.  REPORT.  (a)  Requires the commissioner to submit a report to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the members of the 79th Legislature on the
information collected from the insurer filings required under this article
and other information obtained by TDI regarding the use of credit
information by insurers.  Requires the report to be submitted before
January 1, 2005. 

  (b)  Requires the report required under this section to include certain
information. 

  (c)  Provides that this section expires March 1, 2005.

 Sec. 16.  DUTIES OF DEPARTMENT.  Requires TDI to:

(1)  update insurer profiles maintained on TDI's Internet website to
provide information to consumers stating whether or not an insurer uses
credit scoring; and 
(2)  post the report required under Section 15 of this article on TDI's
Internet website. 

PART B.  TRANSITION

SECTION 3.02.  Requires an insurer that is using an insurance credit score
system on the effective date of this Act to file the insurance credit
scoring models described by Section 9, Article 21.49-2U, Insurance Code,
as added by this article, with the commissioner of insurance not later
than the 90th day after the effective date of this Act.  Requires an
insurer that uses an insurance credit score system after the effective
date of this Act to file the insurer's insurance credit scoring models
with the commissioner of insurance before using those models. 

SECTION 3.03.  (a)  Provides that this article applies only to a
residential property or personal  automobile insurance policy: 

  (1)  that is delivered, issued for delivery, or renewed on or after
January 1, 2004; 
  (2)  the application for which is submitted on or after January 1, 2004;
or 
(3)  that is subject to determination of denial, cancellation, or
nonrenewal on or after January 1, 2004. 

(b)  Provides that a residential property or personal automobile insurance
policy delivered, issued for delivery, or renewed before January 1, 2004,
or the application for which is submitted before January 1, 2004, or that
is subject to determination of denial, cancellation, or nonrenewal before
January 1, 2004, is governed by the law as it existed immediately before
January 1, 2004, and that law is continued in effect for that purpose. 

ARTICLE 4.  INITIAL RATE FILINGS; RATE REDUCTION

SECTION 4.01.  Amends Subchapter C, Chapter 5, Insurance Code, by adding
Article 5.26-1, as follows: 

 Art. 5.26-1.  RESIDENTIAL PROPERTY INSURANCE INITIAL RATE FILINGS;
RATE REDUCTION 

Sec. 1.  APPLICATION; DEFINITIONS.  (a)  Provides that this article
applies only to residential property insurance. 

(b)  Provides that the definitions adopted under Article 5.142 of this
code apply to this article. 

Sec. 2.  INITIAL RATE FILING.  (a)  Requires each insurer subject to
Article 5.142 of this code to file the insurer's rates, supporting
information, and supplementary rating information with the commissioner,
not later than the 20th day after the effective date of this article.
Authorizes the insurer to notify TDI that the insurer is using the rate
filing submitted under Article 5.141 of this code to comply with the
requirements of this article, or the insurer may file an update to the
material filed under Article 5.141 of this code. Requires an insurer to
use a rate filed under this subsection not later than the 30th day after
the effective date of S.B. No. 14, Acts of the 78th Legislature, Regular
Session, 2003. 

(b)  Authorizes TDI to approve the rate filed by an insurer under
Subsection (a) of this section or modify a filed rate not later than the
60th day after the effective date of this article for each insurer with
$10 million or more in direct written residential property insurance
premium in this state during 2002 and not later than the 90th day after
the effective date of this article for each insurer with less than $10
million in direct written residential property insurance premium.
Requires an approved or modified rate under this subsection to be just,
reasonable, adequate, not excessive, and not unfairly discriminatory for
the risks to which it applies. Provides that TDI has exclusive
jurisdiction to determine a rate under this subsection.  Requires TDI to
notify the insurer of the applicable rate.  Requires the rate determined
by TDI under this subsection or determined under Subsection (c) of this
section to take effect on the date specified by the insurer, but not later
than the later of: 

(1)  the 30th day after the date the commissioner notifies the insurer of
the rate determination under this subsection; or 
(2)  the 30th day after the date the rate filed by the insurer is deemed
approved under Subsection (c) of this section. 

(c)  Provides that a rate filed by an insurer under Subsection (a) of this
section that is not modified on or before the applicable deadline for
modification described by Subsection (b) is deemed approved on the date of
the applicable deadline for  modification. 

Sec. 3.  APPEAL TO COMMISSIONER.  Authorizes an insurer to appeal TDI's
decision to the commissioner, not later than the 10th day after the date
of receipt by the insurer of notification from TDI of rates determined by
TDI under Section 2(b) of this article.  

Sec. 4.  HEARING.  Requires the commissioner to conduct a hearing and
issue an order on the insurer's appeal not later than the 30th day after
the date of receipt of notification of an insurer's appeal under Section 3
of this article.  Provides that the burden of proof is on the insurer to
show, by clear and convincing evidence, that the rate reduction specified
by TDI would produce inadequate rates.  Provides that the hearing shall
not be conducted by the State Office of Administrative Hearings, but
directly by the commissioner, notwithstanding any other provision of this
code or the Government Code.  Authorizes the commissioner, by order, to
affirm the rate reduction, grant a lesser rate reduction, or order a
greater rate reduction than the rate reduction imposed under Section 2(b)
of this article. 

Sec. 5.  JUDICIAL REVIEW.  (a)  Authorizes an insurer to file a petition
for judicial review in a district court of Travis County, not later than
the 10th day after the date of receipt of the commissioner's order under
Section 4 of this article.  Provides that the standard of review of the
commissioner's order is substantial evidence. 

(b) Authorizes an insurer to charge either its existing rates or the rates
as ordered by the commissioner, during the pendency of the appeal. 

Sec. 6.  REFUND REQUIRED.  Requires the insurer to refund the difference
in overcharged premium to each policyholder, plus interest, if on final
appeal the court upholds the commissioner's determination that the
insurer's rates are excessive.  Provides that the interest rate is the
prime rate plus one percent as published in The Wall Street Journal on the
first day of each calendar year that is not a Saturday, Sunday, or legal
holiday. 

 Sec. 7.  EXPIRATION.  (a)  Provides that this article expires September
1, 2004. 

(b)  Provides that the expiration of this article does not affect an
action or proceeding against an insurer subject to that law for a failure
to comply with that law before its expiration, regardless of when the
action or proceeding was commenced, and that law is continued in effect
for that purpose. 

ARTICLE 5.  RATE REGULATION EFFECTIVE UNTIL DECEMBER 1, 2004

SECTION 5.01.  Amends Article 5.13, Insurance Code,  as follows:

Art. 5.13.  New heading:  SCOPE OF SUBCHAPTER.  (a)  Provides that this
subchapter applies to every insurance company, corporation, interinsurance
exchange, mutual, reciprocal, association, Lloyd's plan, or other
organization or insurer writing any of the characters of insurance
business herein set forth, hereinafter called "Insurer"; provided that
nothing in this entire subchapter shall be construed to apply to any
county or farm mutual insurance company or association, as regulated under
Chapters 16 and 17 of this code, except that Article 5.13-2 of this code
shall apply to a county mutual insurance company with respect to rates for
commercial automobile insurance. 

(b)  Provides that this subchapter applies to the writing of casualty
insurance and the writing of fidelity, surety, and guaranty bonds, on
risks or operations in this State except as herein stated. 

(c)  Changes "workmen's" compensation to "workers'" compensation.  Makes
nonsubstantive changes. 

  (d)  Makes a conforming change.

(e)  Provides that the regulatory power herein conferred is vested in the
commissioner, rather than the Board of Insurance Commissioners of the
State of Texas.  Deletes language relating to the Casualty Insurance
Commissioner having primary supervision of regulation herein provided.  

SECTION 5.02.  Amends the heading of Article 5.13-2, Insurance Code, to
read as follows: 

 Art. 5.13-2.  RATES AND FORMS FOR CERTAIN PROPERTY AND CASUALTY
INSURANCE  

SECTION 5.03.  Amends Sections 1 and 2, Article 5.13-2, Insurance Code, as
follows: 

Sec. 1.  PURPOSE.  Provides that this article governs the regulation of
insurance described by Section 2 of this article.  

Sec. 2.  SCOPE.  (a)  Provides that this article applies to all lines of
certain insurance written under policies or contracts of insurance issued
by an insurer authorized to engage in the business of insurance in this
state. 
  
(b)  Provides that this article does not apply to a line of insurance
regulated under Subchapter A or C of this chapter, except as otherwise
specifically provided by this article. 

(c)  Requires the commissioner to adopt rules governing the manner in
which forms and rates for the various classifications of risks insured
under inland marine insurance, as determined by the commissioner, are
regulated. 

SECTION 5.04.  Amends Subdivision (2), Section 3, Article 5.13-2,
Insurance Code, to redefine "insurer." 

SECTION 5.05.  Provides that this article expires December 1, 2004.

ARTICLE 6.  RATE REGULATION EFFECTIVE DECEMBER 1, 2004

SECTION 6.01.  Amends Article 5.13, Insurance Code, as follows:

Art. 5.13.  New heading:  SCOPE OF SUBCHAPTER.  (a)  Provides that this
subchapter applies to every insurance company, corporation, interinsurance
exchange, mutual, reciprocal, association, Lloyd's plan, or other
organization or insurer writing any of the characters of insurance
business herein set forth, hereinafter called "Insurer"; provided that
nothing in this entire subchapter shall be construed to apply to any
county or farm mutual insurance company or association, as regulated under
Chapters 911 and 912, rather than Chapters 16 and 17, of this code, except
that Article 5.13-2 of this code shall apply to a county mutual insurance
company with respect to personal automobile and commercial automobile
insurance, residential and commercial property insurance, and inland
marine insurance. 

  (b)  Creates this subsection from existing text.  Makes a conforming
change. 

(c)  Includes noncommercial inland marine in the list of writings that
this subchapter does not apply to.  Makes conforming changes. 

  (d)  Makes a conforming change.

(e)  Provides that the regulatory power herein conferred is vested in the
commissioner, rather than the Board of Insurance Commissioners of the
State of Texas.  Deletes language requiring that within the board, the
Casualty Insurance  Commissioner have primary supervision of regulation
herein provided, subject however to the final authority of the entire
Board. 

SECTION 6.02.  Amends the heading of Article 5.13-2, Insurance Code, to
read as follows: 

Art. 5.13-2.  RATES AND FORMS FOR CERTAIN PROPERTY AND CASUALTY
INSURANCE  

SECTION 6.03.  Amends Sections 1 and 2, Article 5.13-2, Insurance Code, as
follows: 

Sec. 1.  PURPOSE.  Provides that this article governs the regulation of
insurance described by Section 2 of this article. 

Sec. 2.  SCOPE.  (a)  Provides that this article applies to all lines of
the following insurance written under policies or contracts of insurance
issued by an insurer authorized to engage in the business of insurance in
this state: 

  (1)  general liability insurance;
(2)  residential and commercial property insurance, including farm and
ranch insurance and farm and ranch owners insurance; 
(3)  personal and commercial casualty insurance, except as provided by
Subsection (b) of this section; 
  (4)  medical professional liability insurance;
  (5)  fidelity and surety bonds other than criminal court appearance
bonds; 
  (6)  personal umbrella insurance;
  (7)  personal liability insurance;
  (8)  guaranteed auto protection (GAP) insurance;
  (9)  involuntary unemployment insurance;
  (10)  financial guaranty insurance;
  (11)  inland marine insurance;
  (12)  rain insurance;
  (13)  hail insurance on farm crops; and
  (14)  personal and commercial automobile insurance.

(b)  Requires the commissioner to adopt rules governing the manner in
which forms and rates for the various classifications of risks insured
under inland marine insurance, as determined by the commissioner, are
regulated. 

SECTION 6.04.  Amends Section 3, Article 5.13-2, Insurance Code, as
follows: 

Sec. 3.  DEFINITIONS.  Defines "disallowed expenses," "insurer," "rating
manual," and "residential property insurance."   

  (b)  Provides what a rate is for purposes of this article.
  
SECTION 6.05.  Amends Section 4, Article 5.13-2, Insurance Code, by
amending Subsections (b) and (d) and adding Subsection (f), as follows: 

 (b)  Requires an insurer to consider certain factors in setting rates.
  
 (d)  Prohibits rates established under this article from being excessive,
inadequate,  unreasonable, or unfairly discriminatory for the risks to
which they apply. 

 (f)  Requires an insurer to use methods based on sound actuarial
principles. 

SECTION 6.06.  Amends Section 5, Article 5.13-2, Insurance Code, by
amending Subsection (a) and adding Subsections (a-1) and (a-2), as
follows: 

(a)  Requires each insurer to file with the commissioner all rates,
applicable rating  manuals, supplementary rating information, and
additional information as required by the commissioner for risks written
in this state. 

(a-1)  Requires the commissioner by rule to determine the information
required to be provided in the filing, including: 
 
  (1)  the categories of supporting information; 
  (2)  the categories of supplementary rating information;
  (3)  any statistics or other information to support the rates to be used
by the   insurer, including information necessary to evidence that the
computation of the   rate does not include disallowed expenses; and  
  (4)  information concerning policy fees, service fees, and other fees
that are   charged or collected by the insurer under Article 21.35A or
21.35B of this code. 

(a-2)  Requires the commissioner to consider insurer and market-specific
attributes, as applicable, and  promulgate filing requirements accordingly
to accommodate premium volume and loss experience, targeted markets,
limitations on coverage, and any potential barriers to market entry or
growth, for an insurer with less than five percent of the market. 

SECTION 6.07.  Amends Article 5.13-2, Insurance Code, by adding Section
5A, as follows: 

Sec. 5A.  PRIOR APPROVAL REQUIRED FOR CERTAIN INSURERS.  (a)  Requires the
commissioner by order to require an insurer to file with the commissioner
all rates, supplementary rate information, and any supporting information
as prescribed by this section if the commissioner determines that: 

(1)  an insurer's rates require supervision because of the insurer's
financial condition; 
(2)  an insurer's rates require supervision because of the insurer's
rating practices; or 
  (3)  a statewide insurance emergency exists.

(b)  Prohibits an insurer from using a rate until the rate has been filed
with TDI and approved by the commissioner as provided by this section,
except as provided by Subsection (k) of this section.  Provides that for
purposes of this section, a rate is filed with TDI on the date the rate
filing is received by TDI. 

(c)  Requires the commissioner, not later than the 30th day after the date
the rate is filed with TDI, to: 

(1)  approve the rate if the commissioner determines that the rate
complies with the requirements of this article; or 
(2)  disapprove the rate if the commissioner determines that the rate does
not comply with the requirements of this article. 

(d)  Provides that, except as provided by Subsection (f) of this section,
if the rate has not been approved or disapproved by the commissioner
before the expiration of the 30-day period described by Subsection (c) of
this section, the rate is considered approved and the insurer may use the
rate unless the rate proposed in the filing represents an increase of 12.5
percent or more from the insurer's prior filed rate. 

(e)  Prohibits the commissioner and the insurer from by agreement
extending the 30-day period described by Subsection (c) of this section. 

(f)  Authorizes the commissioner, for good cause, to extend the period for
approval or disapproval of a rate for one additional 30-day period on the
expiration of the 30-day period described by Subsection (c) of this
section. 

 (g)  Authorizes TDI  to request additional information from the insurer,
if TDI determines that the information filed by the insurer under this
article is incomplete or otherwise deficient.   Provides that if TDI
requests additional information from the insurer during the first 30-day
review period provided under Subsection (c) of this section or under the
second 30-day review period provided under Subsection (f) of this section,
the period of time between the date of TDI's submission of the request for
additional information to the insurer and the date of the receipt of the
additional information by TDI from the insurer is not counted to determine
what constitutes the first 30-day review period or the second 30-day
review period. Provides that for purposes of this subsection, the date of
TDI's submission of the request for additional information is the date of
the electronic mailing or telephone call or the postmarked date on the
department's letter relating to the request for additional information. 

(h)  Requires the commissioner to approve the rate filing if the proposed
rate is adequate, not excessive, and not unfairly discriminatory. 

(i)  Requires the commissioner to provide written or electronic
notification of the approval to the insurer, if the commissioner approves
a rate filing.  Authorizes the insurer to use the rate, on receipt of the
notice of the commissioner's approval of a rate. 

(j)  Provides that from the date of the filing of the rate with TDI to the
effective date of the new rate, the insurer's previously filed rate that
is in effect on the date of the filing remains in effect. 

(k) Authorizes an insurer to use any rate subsequently filed by the
insurer, without prior approval of the commissioner, if the subsequently
filed rate does not exceed the lesser of 107.5 percent of the rate
approved by the commissioner or 110 percent of any rate used by the
insurer within the previous 12-month period, after approval of a rate
filing under this section.  Provides that filed rates under this
subsection take effect on the date specified by the insurer. 

(l)  Requires the commissioner to issue an order in the manner prescribed
by Section 7(b) of this article, if the commissioner disapproves a rate
filing under Subsection (c)(2) of this section.  Provides that the insurer
is entitled to a hearing in accordance with Section 7(b) of this article. 

(m)  Authorizes the commissioner to require an insurer to file the
insurer's rates under this section until the commissioner determines that
the conditions described by Subsection (a) of this section no longer
exist. 

SECTION 6.08.  Amends Article 5.13-2, Insurance Code, by adding Section
13, as follows: 

Sec. 13.  STANDARD RATE INDEX FOR PERSONAL AUTOMOBILE INSURANCE;
EXEMPTION.  (a)  Provides that this section governs rate regulation of
personal automobile insurance issued by a county mutual insurance company
as prescribed by this section. 

(b)  Requires the commissioner to annually compute and publish a statewide
standard rate index that accurately reflects the average statewide rates
for classifications for certain coverages for personal automobile
insurance policies, using standard and generally accepted actuarial
techniques. 
  
(c)  Requires the commissioner to compute the rate index using the
benchmark rate in effect for personal automobile insurance under Article
5.101 of this code on the effective date of S.B. No. 14, Acts of the 78th
Legislature, Regular Session, 2003, and adjusted annually thereafter by
the commissioner to reflect average changes in claims costs in the
personal automobile insurance market in this state.  Authorizes the
commissioner, after the effective date of S.B. No. 14, Acts of the 78th
Legislature, Regular Session, 2003, and before the first annual adjustment
by the commissioner, to adjust the computation of the rate index under
this section as the commissioner determines necessary. 

(d)  Authorizes the commissioner to compute and establish standard rate
indexes other than the rate index required under Subsection (b) of this
section for any of the personal automobile insurance coverages listed
under that subsection as necessary to implement this section. 

(e)  Provides that for purposes of this section, "nonstandard rates" means
rates that are 30 percent or more above the standard rate index as
determined by the commissioner under this section. 

(f)  Provides that a county mutual insurance company that issues personal
automobile insurance policies only at nonstandard rates is subject to
filing requirements as determined by the commissioner by rule if the
insurer and the insurer's affiliated companies or group have a market
share of less than 3.5 percent.  Requires an insurance company subject to
this subsection to comply with the rating standards established by this
article, in setting rates.  Requires the company to for informational
purposes file the rates and any additional information required by TDI,
not later than the first day on which any change in the rates becomes
effective.  Requires the commissioner by rule to determine the information
required to be provided in the filing under this subsection. Authorizes
the commissioner to inspect the books and records of the company at any
time to ensure compliance with the rating standards.  Provides that an
insurance company described by this subsection is subject to Article 5.144
of this code.  Provides that a county mutual insurance company not
described by this section is subject to Article 21.81 of this code and is
required to comply with the filing requirements of this article and any
other provision of this code applicable to a county mutual insurance
company. 

(g)  Authorizes the commissioner by rule to designate other types of
insurers that historically and as of the effective date of S.B. No. 14,
Acts of the 78th Legislature, Regular Session, 2003, have served
exclusively or are serving exclusively the high-risk, nonstandard market
and meet capitalization and solvency requirements set by the commissioner.
Provides that an insurer designated by the commissioner under this
subsection is governed by this section. 

SECTION 6.09.  Amends Article 5.13-2, Insurance Code, by adding Section
14, as follows: 

Sec. 14.  REVIEW OF RATES.  Requires the commissioner to consider any
state or federal legislation that has been enacted and that may impact
rates for liability coverage included in a policy subject to this article,
in reviewing rates under this article. 

SECTION 6.10.  Amends Article 5.13-2, Insurance Code, by adding Section
15, as follows: 

Sec. 15.  NOTICE OF RATE INCREASE.  (a)  Requires an insurer to send a
policyholder of a policy of residential property insurance issued by the
insurer notice of any rate increase scheduled to take effect on the
renewal of the policy that will result in an increase in the premium
amount to be paid by the policyholder that is at least 10 percent greater
than the lesser of the premium amount paid by the policyholder for
coverage under the policy during: 

  (1)  the 12-month period preceding the renewal date of the policy; or
  (2)  the policy period preceding the renewal date of the policy.

(b)  Requires an insurer to send the notice required by Subsection (a) of
this section before the renewal date but not later than the 30th day
before the date the  rate increase is scheduled to take effect. 

  (c)  Authorizes the insurer to send the notice required by Subsection
(a) of this section to any policyholder of residential property insurance
issued by the insurer, regardless of whether that policyholder's premium
amount to be paid will increase as a result of the scheduled rate change,
in addition to the mandatory notice under Subsection (a) of this section. 

(d)  Authorizes the commissioner by rule to exempt an insurer from the
notice requirements under this section for a short-term policy, as defined
by the commissioner, that is written by the insurer. 

SECTION 6.11.  Amends Article 5.13-2, Insurance Code, by adding Section
16, as follows: 

Sec. 16.  RIGHTS OF PUBLIC INSURANCE COUNSEL.  (a)  Authorizes the public
insurance counsel to review all rate filings and additional information
provided by an insurer under this article, on request to the commissioner.
Provides that confidential information reviewed under this subsection
remains confidential.  

(b)  Authorizes the public insurance counsel, not later than the 30th day
after the date of a rate filing under this article, to object to an
insurer's rate filing or the criteria relied on by the insurer to
determine the rate by filing a written objection with the commissioner.
Requires the written objection to contain the reasons for the objection. 

SECTION 6.12.  Requires a county mutual insurance company required to make
informational rate filings under Section 13(f), Article 5.13-2, Insurance
Code, as added by this Act, to make an initial informational rate filing,
as required by the commissioner of insurance, not later than the 30th day
after the effective date of this article. 

SECTION 6.13.  Provides that this article takes effect December 1, 2004,
except that Sections 14 and 15, Article 5.13-2, Insurance Code, as added
by this article, take effect on the effective date of this Act. 

ARTICLE 7.  EXEMPTIONS FROM CERTAIN RATE REQUIREMENTS

SECTION 7.01.  Amends Subchapter B, Chapter 5, Insurance Code, by adding
Article 5.13-2C, as follows: 

 Art 5.13-2C.  EXEMPTIONS FROM RATE FILING AND APPROVAL
REQUIREMENTS FOR CERTAIN INSURERS 

 Sec. 1.  DEFINITIONS.  Defines "insurer" and "residential property
insurance." 

Sec. 2.  APPLICABILITY.  (a)  Provides that, 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 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 certain property. 

(b)  Provides that 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)  Provides that, 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 and
of Article 5.13-2 of this code. 

(b)  Requires 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
to file the insurer's proposed rates in accordance with Article 5.142 or
5.13-2 of this code, as applicable, and obtain approval of the proposed
rates as provided by the applicable article. 

(c)  Provides that Article 5.142 of this code does not apply to an insurer
described by Section 2 of this article, except as provided by Subsection
(b) of this section. 

ARTICLE 8.  REGULATION OF UNDERWRITING GUIDELINES

SECTION 8.01.  Amends Subchapter A, Chapter 38, Insurance Code, by
amending Section 38.002 and adding Section 38.003, as follows: 

Sec. 38.002.  UNDERWRITING GUIDELINES FOR PERSONAL AUTOMOBILE AND
RESIDENTIAL PROPERTY INSURANCE; FILING; CONFIDENTIALITY.   
(a)  Defines "insurer," "personal automobile insurance," "residential
property insurance," and  "underwriting guideline." 

(b)  Requires each insurer to file with TDI a copy of the insurer's
underwriting guidelines.  Requires the insurer to update its filing each
time the underwriting guidelines are changed.  Requires a group of
insurers that files one set of underwriting guidelines for the group, to
identify which underwriting guidelines apply to each company in the group. 

(c)  Authorizes the office of public insurance counsel to obtain a copy of
each insurer's underwriting guidelines. 

(d)  Authorizes TDI or the office of public insurance counsel to disclose
to the public a summary of an insurer's underwriting guidelines in a
manner that does not directly or indirectly identify the insurer. 

(e)  Requires underwriting guidelines to be sound, actuarially justified,
or otherwise substantially commensurate with the contemplated risk.
Prohibits underwriting guidelines from being unfairly discriminatory. 

(f)  Provides that the underwriting guidelines are subject to Chapter 552,
Government Code. 

Sec. 38.003.  UNDERWRITING GUIDELINES FOR OTHER LINES; CONFIDENTIALITY.
(a)  Provides that this section applies to all underwriting guidelines
that are not subject to Section 38.002. 

  (b)  Defines "insurer."

(c)  Creates this subsection from existing text.  Redesignates Subsections
(b)-(f) as (d)-(h).  

SECTION 8.02.  Amends Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.492V, as follows: 

Art. 21.49-2V.  MEMBERSHIP DUES; ISSUANCE AND RENEWAL OF POLICY.  (a)
Authorizes an insurer to require that membership dues in its sponsoring
organization be paid as a condition for issuance or renewal of a policy,
except as otherwise provided by  law. 

  (b)  Provides that for purposes of this article, "insurer" includes a
county mutual   insurance company, a Lloyd's plan, and a reciprocal or
interinsurance exchange. 

ARTICLE 9.  WINDSTORM INSURANCE

SECTION 9.01.  Amends, Section 3(f), Article 21.49, Insurance Code, to
redefine  "insurable property." 

SECTION 9.02.  Amends Section 5, Article 21.49, Insurance Code, by adding
Subsection (m) to authorize  the commissioner by rule to supplement the
building specifications in the plan of operation with the structural
provisions of the International Residential Code for one- and twofamily
dwellings, as published by the International Code Council, or by an
analogous entity recognized by TDI, after January 1, 2004, for geographic
areas specified by the commissioner. Authorizes the commissioner by rule
to adopt subsequent editions of that code and adopt any supplements
published by the International Code Council and amendments to that code,
for those specified geographic areas. 

SECTION 9.03.  Amends Section 6A, Article 21.49, Insurance Code, by
amending Subsections (a), (d), (h), (j), and (k) and adding Subsections
(j-1) and (k-1), as follows: 

(a)  Requires all structures that are constructed or repaired or to which
additions are made on or after January 1, 1988, to be considered insurable
property for windstorm and hail insurance from the Association, be
inspected or approved by the Board for compliance with the plan of
operation.  Requires the commissioner by rule to adopt the 2003
International Residential Code  for one- and two-family dwellings
published by the International Code Council , rather than authorize the
supplementation the building specifications in the plan of operation,
after January 1, 2004, rather than 2002, for geographic areas specified by
the commissioner.  Authorizes the commissioner by rule to adopt a
subsequent edition of that code and adopt any supplements published by the
International Code Council and amendments to the code.  Deletes language
requiring roofing materials to satisfy the building specifications in the
plan of operation if those materials pass the UL Standard 997 or a
comparable test certified by the Board and are installed as required by
the Board to promote the wind resistance of the materials.  Evidence of
previous insurance includes a copy of a previous policy, copies of
canceled checks or agent's records that show payments for previous
policies, and a copy of the title to the structure or mortgage company
records that show previous policies.  Requires a person after January 1,
2004, to submit a notice of a rather than an application for, windstorm
inspection to the unit responsible for certification of windstorm
inspections at TDI before beginning to construct, alter, remodel, enlarge,
or repair a structure.  Deletes language referring to failure to submit a
timely application and the authorization of the Board to appoint or employ
qualified inspectors as defined in this Section to perform any inspections
required by this Section. 

(d)  Authorizes a windstorm inspection to only be performed by a qualified
inspector. Redefines "qualified inspector." 

(h)  Authorizes TDI, rather than the board, to charge a reasonable fee to
cover the cost of making building requirements, rather than
specifications, and inspection standards available to the public. 

(j)  Authorizes TDI, after notice and hearing, to cancel or revoke an
appointment made under this section if the holder of the appointment is
found to be in violation of, or to have failed to comply with, specific
provisions of this section or any rule or regulation of the commissioner
made under this section.  Authorizes the commissioner, in lieu of
cancellation or revocation, to order one or more of certain sanctions, if
the commissioner determines from the facts that it would be fair,
reasonable, or equitable.  Makes conforming changes. 
 
(j-1)  Authorizes the commissioner to take action against the appointed
person in the manner provided by Subsection (j) of this section, if an
appointed person is an engineer licensed by the Texas Board of
Professional Engineers who is found by TDI to have knowingly, wilfully,
fraudulently, or with gross negligence signed or caused to be prepared an
inspection report that contains a false or fraudulent statement or entry
but prohibits the commissioner from levying any monetary fine against an
appointed person who is a licensed engineer. 

(k)  Requires TDI, unless the order is lawfully stayed, to cancel the
appointment of the person if it is found after hearing that any appointed
person has failed to comply with an order issued under Subsection (j) of
this section.  Authorizes TDI to informally dispose of any matter under
Subsection (j) of this section by consent order or default.  Makes
conforming changes. 

(k-1)  Requires the commissioner to notify the Texas Board of Professional
Engineers of each order issued by the commissioner against an appointed
person who is an engineer licensed by the Texas Board of Professional
Engineers, including an order suspending, canceling, or revoking the
appointment of that person.  Makes conforming changes. 

SECTION 9.04.  Amends Subsections (b), (f), (g), (h), (k), (l), and (m),
Section 6C, Article 21.49, Insurance Code, as follows: 

 (b)  Makes a conforming change.

(f)  Requires the advisory committee to analyze and make recommendations
for changes regarding procedures described under Section 5(d) of this
article that are adopted by the commissioner in the plan of operation.
Requires the advisory committee to seek to balance the concerns of all
affected parties, including consumers, builders, and the association. 

(g)  Requires each proposal for a change in an applicable procedure,
rather than building specification to be submitted to the commissioner.
Requires each proposal to be submitted separately in writing and contain
certain information. 

 (h)  Makes a conforming change.

 (k)  Makes a conforming change.

 (l)  Makes a conforming change.

(m)  Deletes language authorizing the commissioner by rule to adopt a
recommendation of the advisory committee by amending the plan of operation
and, in amending the plan, to adopt a specification by reference.  Makes a
conforming change. 

SECTION 9.05.  Amends Article 21.49, Insurance Code, adding Section 6D, as
follows: 

Sec. 6D.  APPOINTMENT OF ENGINEERS; RULES.  (a)  Requires the
commissioner, on the request of an engineer licensed by the Texas Board of
Professional Engineers, to appoint the engineer under this article not
later than the 10th day after the date of the engineer's delivery to the
commissioner of information demonstrating that the engineer is qualified
to perform windstorm inspections under this article. 

(b)  Requires the commissioner to adopt rules to determine the information
the commissioner will consider in appointing engineers under Subsection
(a) of this section. 

SECTION 9.06.  Repealer:  Subsections (c) and (e), Section 6A, Article
21.49, Insurance Code.  

SECTION 9.07.  Amends Subdivision (9), Subsection (h), Section 8, Article
21.49, Insurance  Code, to delete language providing that this subdivision
expires December 31, 2005. 

SECTION 9.08.  Makes application of this Act prospective for Section 3(f),
Article 21.49, Insurance Code, as amended by this article.  

SECTION 9.09.  Makes application of this Act prospective to January 1,
2004 for Article 21.49, Insurance Code, as amended by this article, other
than Section 3(f).  

SECTION 9.10.  Provides that except as provided by Section 9.08 of this
Act, this article takes effect January 1, 2004. 

ARTICLE 10.  WITHDRAWAL REQUIREMENTS

SECTION 10.01.  (a)  Provides that effective June 1, 2003, Section
827.001, Insurance Code, is amended as follows: 

 Sec. 827.001.  New heading:  DEFINITIONS.  Defines "insurer" and "rating
territory."  

(b)  Provides that until June 1, 2003, Subsection (a), Article 21.49-2C,
Insurance Code, is amended by adding Subdivision (4), to define "insurer." 

SECTION 10.02.  (a)  Provides that effective June 1, 2003, Section
827.002, Insurance Code, is amended as follows: 

Sec. 827.002.  EXEMPTION.  Provides that this chapter does not apply to a
transfer of business from an insurer to a company that: 

  (1)  is within the same insurance group as the insurer; 
  (2)  is authorized to engage in the business of insurance in this state;
and 
(3)  is not a reciprocal or interinsurance exchange, a Lloyd's plan, a
county mutual insurance company, or a farm mutual insurance company. 

(b)  Until June 1, 2003, Subsection (b), Article 21.49-2C, Insurance Code,
is amended to provide that this article does not apply to the transfer of
the business from an insurer to a company that is within the same
insurance group as the insurer and is admitted to do business in this
state.  Provides that this subsection expires June 1, 2003. 

SECTION 10.03.  (a)  Provides that effective June 1, 2003, Section
827.003, Insurance Code, is amended as follows: 

Sec. 827.003.  WITHDRAWAL PLAN REQUIRED.  Requires an insurer to file with
the commissioner a plan for orderly withdrawal if the insurer proposes to: 

(1)  reduce the insurer's total annual premium volume by 50, rather than
75 percent or more; 
(2)  reduce the insurer's annual premium by 75 percent or more in a line
of insurance in this state; or 
(3)  reduce in this state, or in any applicable rating territory, the
insurer's total annual premium volume in a line of personal automobile or
residential property insurance by 50 percent or more. 

(b)  Provides that until June 1, 2003, Subdivision (1), Subsection (a),
Article 21.49-2C, Insurance Code, is amended to provide that this
subdivision expires June 1, 2003.  Requires an insurer to file with the
commissioner a plan for orderly withdrawal if the insurer proposes to
reduce its total annual premium volume by 50 percent or more, proposes to
reduce the insurer's annual premium by 75 percent or more in a line of
insurance in this state, or proposes, in a personal line of motor vehicle
insurance or residential property insurance, to reduce its total annual
premium volume in a rating territory by 50 percent or more.  Makes
conforming changes. 
   
SECTION 10.04.  (a)  Provides that effective June 1, 2003, Section
827.005, Insurance Code, is amended as follows: 

 Sec. 827.005.  APPROVAL OF WITHDRAWAL PLAN.  (a)  Provides an exception.

(b)  Authorizes the commissioner to modify, restrict, or limit a
withdrawal plan under this section as necessary if the commissioner finds
that a line of insurance subject to the withdrawal plan is not offered in
a quantity or manner to adequately cover the risks in this state or to
adequately protect the residents of this state and policyholders in this
state.  Authorizes the commissioner by order to set the date on which the
insurer's withdrawal begins. 

(c)  Creates this subsection from existing text to provide that a
withdrawal plan is deemed approved if the commissioner: 

(1)  does not hold a hearing on the plan before the 61st, rather than
31st, day after the date the plan is filed with the commissioner; or 
(2)  does not deny approval before the 61st day after the date a hearing
on the plan is held. 

(b)  Provides that until June 1, 2003, Subsections (e) and (f), Article
21.49-2C, Insurance Code, are amended as follows: 

  (e)  Provides an exception. 

(f)  Authorizes the commissioner to modify, restrict, or limit a
withdrawal plan under this section as necessary if the commissioner finds
that a line of insurance subject to the withdrawal plan is not offered in
a quantity or manner to adequately cover the risks in this state or to
adequately protect the residents of this state and policyholders in this
state.  Authorizes the commissioner by order to set the date on which the
insurer's withdrawal begins.  Requires the withdrawal plan to be deemed
approved if the commissioner has not held a hearing within 60, rather than
30, days after the plan is filed with the commissioner or has not denied
approval within 60 days after the hearing.  Makes a conforming change. 

SECTION 10.05.  (a)  Provides that effective June 1, 2003, Section
827.008, Insurance Code, is amended as follows: 

Sec. 827.008.  RESTRICTION PLAN.  (a)  Requires the insurer to file a
proposed restriction plan with the commissioner for the commissioner's
review and approval before an insurer, in response to a catastrophic
natural event that occurred during the preceding six months, may restrict
writing new business in a rating territory in a line of personal
automobile, rather than comprehensive motor vehicle, or residential
property insurance. 

(b)  Authorizes the commissioner to modify, restrict, or limit a
restriction plan under this section as necessary if the commissioner finds
that a line of insurance subject to the restriction plan is not offered in
this state in a quantity or manner to adequately cover the risks in this
state or to adequately protect the residents of this state and
policyholders in this state in light of the impact of the catastrophic
natural event.  Authorizes the commissioner by order to set the date on
which the insurer's restriction begins.  Deletes language providing that
the commissioner's approval of a restriction plan filed under Subsection
(a) is not required.  

  (c)  Makes conforming changes.

  (b)  Provides that until June 1, 2003, Subdivision (2), Subsection (a),
Article 21.49-2C, Insurance Code, is amended to  authorize the
commissioner to modify,  restrict, or limit a restriction plan under this
section as necessary if the commissioner finds that a line of insurance
subject to the restriction plan is not offered in this state in a quantity
or manner to adequately cover the risks in this state or to adequately
protect the residents of this state and policyholders in this state in
light of the impact of the catastrophic natural event.  Authorizes the
commissioner by order to set the date on which the insurer's restriction
begins. Makes conforming changes. 

SECTION 10.06.  (a)  Makes conforming changes.

(b)  Provides that until June 1, 2003, Subsection (g), Article 21.49-2C,
Insurance Code, is amended to require notice and hearing to be governed by
provisions of Chapter 2001, Government Code, related to contested cases
and by Chapter 40 of this code, rather than of Subsection (b), Article
1.33B, Insurance Code.  Makes conforming changes. 

SECTION 10.07.  Makes application of this Act prospective.

ARTICLE 11.  REVENUE BOND PROGRAM

PART A.  FAIR PLAN ASSOCIATION

SECTION 11.01.  Amends Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.49A1, as follows: 

 Art. 21.49A-1.  REVENUE BOND PROGRAM FOR FAIR PLAN ASSOCIATION

Sec. 1.  PURPOSE.  Provides that the legislature finds that the issuance
of public securities to provide a method to raise funds to provide
residential property insurance through the FAIR Plan Association in this
state is for the benefit of the public and in furtherance of a public
purpose. 

Sec. 2.  DEFINITIONS.  Defines "association," "public security
resolution," "bond," "board," and "insurer." 

Sec. 3.  PUBLIC SECURITIES AUTHORIZED; APPLICATION OF TEXAS PUBLIC FINANCE
AUTHORITY ACT.  (a)  Requires the Texas Public Finance Authority to issue
public securities to: 

  (1)  fund the association, including:
   (A)  to establish and maintain reserves to pay claims;
   (B)  to pay operating expenses; and
   (C)  to purchase reinsurance;
  (2)  pay costs related to issuance of the public securities; and
(3)  pay other costs related to the public securities as may be determined
by the board. 

(b)  Provides that to the extent not inconsistent with this article,
Chapter 1232, Government Code, applies to public securities issued under
this article.  Provides that in the event of a conflict, this article
controls. 

Sec. 4.  APPLICABILITY OF OTHER STATUTES.  Provides that the following
laws apply to public securities issued under this article to the extent
consistent with this article: 

  (1)  Chapters 1201, 1202, 1204, 1205, 1231, and 1371, Government Code;
and 
  (2)  Subchapter A, Chapter 1206, Government Code.

Sec. 5.  LIMITS.  Authorizes the Texas Public Finance Authority to issue,
on behalf of the association, public securities in a total amount not to
exceed $75 million. 

 Sec. 6.  CONDITIONS.  (a)  Authorizes public securities issued under this
article to be issued at public or private sale. 

(b)  Prohibits public securities to mature not more than 10 years after
the date issued. 
 
 (c)  Requires public securities to be issued in the name of the
association. 

Sec. 7.  ADDITIONAL COVENANTS.  Authorizes the board to make additional
covenants with respect to the public securities and the designated income
and receipts of the association pledged to their payment, and to provide
for the flow of funds and the establishment, maintenance, and investment
of funds and accounts with respect to the public securities, in a public
security resolution. 

Sec. 8.  SPECIAL ACCOUNTS.  (a)  Authorizes a public security resolution
to establish special accounts, including an interest and sinking fund
account, reserve account, and other accounts. 

(b)  Requires the association to administer the accounts in accordance
with Article 21.49A of this code. 

Sec. 9.  SECURITY.  (a)  Provides that public securities are payable only
from the service fee established under Section 10 of this article or other
amounts that the association is authorized to levy, charge, and collect. 

(b)  Provides that public securities are obligations solely of the
association. Provides that public securities do not create a pledging,
giving, or lending of the faith, credit, or taxing authority of this
state. 

(c)  Requires each public security to include a statement that the state
is not obligated to pay any amount on the public security and that the
faith, credit, and taxing authority of this state are not pledged, given,
or lent to those payments. 

(d)  Requires each public security issued under this article to state on
its face that the public security is payable solely from the revenues
pledged for that purpose and that the public security does not and may not
constitute a legal or moral obligation of the state. 

 Sec. 10.  SERVICE FEE.  (a)  Authorizes a service fee to be assessed
against: 

  (1)  each insurer; and
  (2)  the association.

(b)  Requires the service fee to be set by the commissioner in an amount
sufficient to pay all debt service on the public securities.  Requires the
service fee to be paid by each insurer and the association as required by
the commissioner by rule. 

(c)  Requires the comptroller to collect the service fee and TDI to
reimburse the comptroller in the manner described by Article 4.19 of this
code. 

(d)  Authorizes the commissioner, in consultation with the comptroller, to
coordinate payment and collection of the service fee with other payments
made by insurers and collected by the comptroller. 

(e)  Provides that as a condition of engaging in the business of insurance
in this state, an insurer agrees that if the company leaves the property
insurance market in this state the insurer remains obligated to pay, until
the public securities are retired, the insurer's share of the service fee
assessed under this section in an amount proportionate to that insurer's
share of the property insurance market,  including residential property
insurance, in this state as of the last complete reporting period before
the date on which the insurer ceases to engage in that insurance business
in this state.  Requires the proportion assessed against the insurer to be
based on the insurer's gross premiums for property insurance, including
residential property insurance, for the insurer's last reporting period. 

Sec. 11.  TAX EXEMPT.  Provides that the public securities issued under
this article, any interest from those public securities, and all assets
pledged to secure the payment of the public securities are free from
taxation by the state or a political subdivision of this state. 

Sec. 12.  AUTHORIZED INVESTMENTS.  Provides that the public securities
issued under this article constitute authorized investments under Articles
2.10 and 3.33 and Subpart A, Part I, Article 3.39 of this code. 

Sec. 13.  STATE PLEDGE.  Provides that the state pledges to and agrees
with the owners of any public securities issued in accordance with this
article that the state will not limit or alter the rights vested in the
association to fulfill the terms of any agreements made with the owners of
the public securities or in any way impair the rights and remedies of
those owners until the public securities, bond premium, if any, or
interest, and all costs and expenses in connection with any action or
proceeding by or on behalf of those owners, are fully met and discharged.
Authorizes the association to include this pledge and agreement of the
state in any agreement with the owners of the public securities. 

Sec. 14.  ENFORCEMENT BY MANDAMUS.  Provides that a writ of mandamus and
all other legal and equitable remedies are available to any party at
interest to require the association and any other party to carry out
agreements and to perform functions and duties under this article, the
Texas Constitution, or a public security resolution. 

SECTION 11.02.  Amends Section 3(e), Article 21.49A, Insurance Code, to
require  
the plan of operation to provide for certain items.
  
SECTION 11.03.  Amends Section 5(d), Article 21.49A, Insurance Code, to
make a conforming change. 

SECTION 11.04.  Amends Section 11, Article 21.49A, Insurance Code, as
follows: 

Sec. 11.  ASSESSMENTS AND PREMIUM SURCHARGES.  Requires the association,
at the direction of the commissioner,  to either request the issuance of
public securities as authorized by Article 21.49A-1 of this code or assess
participating insurers in accordance with this section, should a deficit
occur in the association.  Authorizes each insurer to charge a premium
surcharge on every property insurance policy issued by it insuring
property in this state, the effective date of which policy is within the
three-year period commencing 90 days after the date of assessment by the
association under this section.   

SECTION 11.05.  Amends Article 21.49A, Insurance Code, by adding Section
15, as follows: 

Sec. 15.  RETENTION OF PROFITS.  Requires the association to retain any
profits of the association to be used for the purposes of the association.
Requires the profits of the association to be used to mitigate losses,
including the purchase of reinsurance and the offset of future
assessments, and prohibits the profit from being distributed to insurers. 

PART B.  TRANSITION

SECTION 11.06.  Provides that the changes in law made by this article to
Article 21.49A, Insurance Code, apply only to the profits earned by the
FAIR Plan Association in accordance with Article 21.49A on or after the
effective date of this Act. 

ARTICLE 12.  SANCTIONS, PENALTIES, AND PAYMENT UNDER CERTAIN POLICIES

 SECTION 12.01.  Amends Section 5, Article 21.21-6, Insurance Code, as
added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995,
as follows: 

 Sec. 5.  SANCTIONS.  (a)  Creates this subsection from existing text to
provide that any  legal entity engaged in the business of insurance in
this state found to be in violation of or failing to comply with this
article is subject to the sanctions authorized by Chapter 82, rather than
in Article 1.10, of this code or administrative penalties authorized by
Chapter 84, rather than under Article 1.10E, of this code.  Authorizes the
commissioner to utilize the cease and desist procedures authorized by
Chapter 83, rather than Article 1.10A, of this code. 

(b)  Provides that it is not a defense to an action of the commissioner
under Subsection (a) of this section that the contract giving rise to the
alleged violation was entered into before the effective date of this
article. 

SECTION 12.02.  Amends Subchapter B, Chapter 21, Insurance Code, by adding
Article 21.216A, as follows: 

 Art. 21.21-6A.  CRIMINAL PENALTY.  (a)  Defines "person."

  (b)  Provides circumstances under which a person commits an offense.

  (c)  Provides that an offense under this article is a state jail felony.

SECTION 12.03.  Amends Section 3(c), Article 21.21-8, Insurance Code,  to
require all actions under this article to be commenced on or before the
second anniversary of, rather than within 12 months after, the date on
which the plaintiff was denied insurance or the unfair act occurred or the
date the plaintiff, in the exercise of reasonable diligence, should have
discovered the occurrence of the unfair act. 

SECTION 12.04.  Amends Section 1, Article 21.74, Insurance Code, by
amending Subdivisions (1) and (2) and adding Subdivision (4), as follows: 

  (1)  Redefines "holocaust victim."
  (2)  Redefines "insurer."
  (4)  Defines "proceeds."

SECTION 12.05.  Amends Article 21.74, Insurance Code, by adding Sections
2A and 2B as follows: 

Sec. 2A.  FILINGS AND CERTIFICATES OF INSURANCE.  (a)  Provides that this
section applies to each insurer engaging in business in the state that,
directly or through a related company, sold to persons in Europe insurance
policies described by Section 1 of this article or dowry or educational
insurance policies that were in effect during the period of 1920 to 1945,
whether the sale occurred before or after the insurer and the related
company became related. 

(b)  Requires each insurer to file or cause to be filed with the
commissioner certain information.  

  (c)  Requires each insurer to certify certain information.
  
(d)  Requires the commissioner by rule to require that insurers update the
information submitted to the commissioner under this section at reasonable
intervals. 

Sec. 2B.  ESTABLISHMENT AND MAINTENANCE OF REGISTRY; PUBLIC ACCESS.  (a)
Requires the commissioner to establish and maintain within TDI a central
registry containing records and information relating to insurance policies
described by  Section 2A(a) of this article of Holocaust victims, living
and deceased.  Requires the registry to be known as the Holocaust Era
Insurance Registry. 

(b)  Requires the commissioner by rule to establish appropriate mechanisms
to ensure public access to the registry. 

  (c)  Provides that information contained in the registry:
  (1)  is public information;
(2)  is not subject to any exceptions to disclosure under Chapter 552,
Government Code; and 
  (3)  cannot be withheld from disclosure under any other law.

SECTION 12.06.  (a)  Makes application of this Act prospective as it
applies to Article 21.216A, Insurance Code, as added by this Act.  

(b)  Provides that Section 3(c), Article 21.21-8, Insurance Code, as
amended by this Act, applies to a cause of action for which the
limitations period established under that subsection before its amendment
by this Act has not expired on the effective date of this Act. 

SECTION 12.07.  Requires an insurer subject to Article 21.74, Insurance
Code, as amended by this Act, to file the information and certification
required by Section 2A of that article, not later than the 180th day after
the effective date of this Act. 

ARTICLE 13.  RATES STANDARDS

SECTION 13.01.  Amends Chapter 1, Insurance Code, by adding Article 1.02,
as follows: 

 Art. 1.02.  RATING.  (a)  Defines "insurer."

(b)  Requires rates used under this code to be just, fair, reasonable,
adequate, not confiscatory and not excessive for the risks to which they
apply, and not unfairly discriminatory.  Prohibits an insurer from using
rates that violate this article. 

  (c)  Provides that for purposes of this article, a rate is:

(1)  excessive if the rate is likely to produce a long-term profit that is
unreasonably high in relation to the insurance coverage provided; 
(2)  inadequate if the rate is insufficient to sustain projected losses
and expenses to which the rate applies, and continued use of the rate: 
   (A)  endangers the solvency of an insurer using the rate; or
(B)  has the effect of substantially lessening competition or creating a
monopoly within any market; or 
  (3)  unfairly discriminatory if the rate:
   (A)  is not based on sound actuarial principles;
(B)  does not bear a reasonable relationship to the expected loss and
expense experience among risks; or 
(C)  is based in whole or in part on the race, creed, color, ethnicity, or
national origin of the policyholder or an insured. 

ARTICLE 14.  LEGISLATIVE OVERSIGHT COMMITTEE

SECTION 14.01.  Amends Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.4920, as follows: 

Art. 21.49-20.  PROPERTY AND CASUALTY LEGISLATIVE OVERSIGHT COMMITTEE.
(a)  Defines "committee." 

  (b)  Provides the composition of the committee.
 
(c)  Provides that an appointed member of the committee serves at the
pleasure of the appointing official.  Requires the appointing officials to
attempt to appoint persons who represent the gender composition, minority
populations, and geographic regions of the state, in making appointments
to the committee. 

(d)  Provides that the committee is subject to Chapter 325, Government
Code (Texas Sunset Act).  Provides that unless continued in existence as
provided by that chapter, the committee is abolished September 1, 2007. 

  (e)  Requires the committee to perform certain functions.
  
(f)  Authorizes the committee to request reports and other information
from TDI as necessary to carry out this section. 

(g)  Requires the committee to report to the governor, lieutenant
governor, and speaker of the house of representatives on the committee's
activities under Subsection (e) of this section, not later than November
15 of each even-numbered year.  Requires the report to include certain
information. 
  
ARTICLE 15.  RULEMAKING

SECTION 15.01.  Amends Section 36.001, Insurance Code, as follows:

Sec. 36.001.  New heading:  GENERAL RULEMAKING AUTHORITY.  (a)  Authorizes
the commissioner to adopt any rules necessary and appropriate to implement
the powers and duties of TDI under this code and other laws of this state. 

(b)  Requires rules adopted under this section to have general and uniform
application. Deletes language requiring the commissioner to publish the
rules in a format organized by subject matter and requiring the published
rules to be kept current and be available in a form convenient to any
interested person. 

SECTION 15.02.  Amends Section 36.004, Insurance Code, to provide an
exception. 
 
SECTION 15.03.  Amends Subchapter A, Chapter 36, Insurance Code, by adding
Section 36.005, as follows: 

Sec. 36.005.  INTERIM RULES TO COMPLY WITH FEDERAL REQUIREMENTS. (a)
Authorizes the commissioner to adopt rules to implement state
responsibility in compliance with a federal law or regulation or action of
a federal court relating to a person or activity under the jurisdiction of
TDI under certain circumstances. 

(b)  Authorizes the commissioner to adopt a rule under this section only
if the federal action requiring the adoption of a rule occurs or takes
effect between sessions of the legislature or at such time during a
session of the legislature that sufficient time does not remain to permit
the preparation of a recommendation for legislative action or permit the
legislature to act.  Requires a rule adopted under this section to remain
in effect only until 30 days following the end of the next session of the
legislature unless a law is enacted that authorizes the subject matter of
the rule.  Provides that if a law is enacted that authorizes the subject
matter of the rule, the rule will continue in effect. 

SECTION 15.04.  Amends Subsection (p), Article 3.42, Insurance Code, to
provide that the commissioner is hereby authorized to adopt reasonable
rules as necessary to implement and accomplish the purposes of this
Article.  Requires the commissioner to adopt rules under this Article in
compliance with Chapter 2001, Government Code, rather than the
Administrative Procedure Act.  Prohibits a rule adopted under this Article
from being repealed or amended until after the first anniversary of the
adoption of the rule unless the commissioner finds that it is in the
significant and material interests of the citizens of this state or that
it is necessary as a result of  legislative enactment to amend, repeal, or
adopt a  rule or part of a rule. 

SECTION 15.05.  Repealer:  Section 36.002, Insurance Code.


ARTICLE 16.  CANCELLATION OF CERTAIN INSURANCE POLICIES

SECTION 16.01.  Amends Section 4, Article 21.49-2B, Insurance Code, by
amending Subsection (i) and adding Subsection (j), as follows: 

(i)  Authorizes an insurer to cancel any insurance policy other than a
personal automobile or homeowners insurance policy if the policy has been
in effect less than 90 days. Authorizes an insurer to cancel a personal
automobile insurance policy if the policy has been in effect less than 60
days.  Authorizes an insurer to cancel a homeowners insurance policy if
the policy has been in effect less than 60, rather than 90, days under
certain circumstances. 
  
(j)  Provides that for the purposes of Subsection (i), an inspection
report is deemed accepted if an insurer does not reject the inspection
report given to the insurer under Subsection (i)(2) before the 11th day
after the date the inspection report is received by the insurer. 
ARTICLE 17.  N.A.I.C. FEES

SECTION 17.01.  Amends Section 802.055, Insurance Code, as effective June
1, 2003, as follows: 

Sec. 802.055.  New heading:  COSTS PAID BY INSURANCE COMPANY.  Requires an
insurance company to pay all costs of preparing and furnishing to the
National Association of Insurance Commissioners the information required
under Section 802.052, including any related filing fees. 

ARTICLE 18.  MEDICAL LIABILITY INSURANCE
UNDERWRITING ASSOCIATION

SECTION 18.01.  Amends Subdivision (5), Subsection (b), Section 4, Article
21.49-3, Insurance Code, to replace references to the "board" with
"department."  Requires any assessment or contribution to be reimbursed to
the members, or to the state to the extent that the members have recouped
their assessments using premium tax credits as provided under Subsection
(b)(3) of this section, with interest at a rate to be approved by the
commissioner, subject to the approval of the commissioner, rather than the
board.  Replaces reference to Article 6.12 with Section 862.001. 

ARTICLE 19.  CERTAIN INSURANCE TRUSTS

SECTION 19.01.  Amends Subsection (b), Article 21.49-4, Insurance Code, to
authorize an incorporated association, the purpose of which, among other
things, shall be to federate and bring into one compact organization the
entire profession licensed to practice medicine and surgery or dentistry
in the State of Texas, or a portion of the members of the profession
licensed to practice medicine who are practicing a particular specialty
within the practice of medicine or surgery in the state or are practicing
within a particular region of the state to create a trust to self-insure
physicians or dentists and by contract or otherwise agree to insure other
members of the organization or association against health care liability
claims and related risks on complying with certain conditions. 
  
ARTICLE 20.  INSURER INTERESTS IN CERTAIN REPAIR FACILITIES

SECTION 20.01.  Amends Subdivision (4), Section 2306.001, Occupations
Code, as added by H.B. No. 1131, Acts of the 78th Legislature, Regular
Session, 2003, to define "insurer." 

SECTION 20.02.  Provides that Subdivision (4), Section 2306.001,
Occupations Code, as  amended by this article, is contingent on the
passage of H.B. No. 1131, Acts of the 78th Legislature, Regular Session.
Provides that if that legislation does not become law, Subdivision (4),
Section 2306.001, Occupations Code, as amended by this article, has no
effect. 


ARTICLE 21.  CONFORMING AMENDMENTS; REPEALER

SECTION 21.01.  Amends Subsection (f), Article 5.01, Insurance Code, to
provide that, notwithstanding Subsections (a) through (d) of this article,
on and after the effective date of S.B. No. 14, Acts of the 78th
Legislature, Regular Session, 2003, rather than March 1, 1992, rates for
personal automobile insurance in this state are determined as provided by
Article 5.101 of this code, and rates for commercial motor vehicle
insurance in this state are determined as provided by Article 5.13-2,
rather than the flexible rating program adopted under Subchapter M, of
this code.  Provides that on and after December 1, 2004, rates for
personal automobile insurance and commercial automobile insurance in this
state are determined as provided by Article 5.13-2 of this code. 

SECTION 21.02.  Amends Section 4, Article 5.01C, Insurance Code, as
follows: 

Sec. 4.  FORMS.  Requires an insurer selling short-term liability
insurance policies under this article to use the policy forms adopted by
the commissioner under Article 5.06 of this code or filed and in effect as
provided by Article 5.145 of this code unless the insurer is exempt from
using those forms. 

SECTION 21.03.  Amends Subsection (b), Article 5.01-2, Insurance Code, to
provide that this subsection expires December 1, 2004.  Makes conforming
changes. 

SECTION 21.04.  Amends Section 4, Article 5.01-4, Insurance Code, as
follows: 

Sec. 4.  APPLICABILITY OF CERTAIN LAWS.  (a)  Requires an insurer, in
reporting incurred losses and earned premiums as required under this
subchapter or Subchapter M of this chapter, or on and after December 1,
2004, under Article 5.13-2 of this code, to separately report experience
based on use of the mile-based rating plan and the timebased rating plan. 

  (b)  Makes a conforming change.

SECTION 21.05.  Amends Subsection (g), Article 5.03, Insurance Code, to
provide that notwithstanding Sections (a) through (e) of this article, on
and after the effective date of S.B. No. 14, Acts of the 78th Legislature,
Regular Session, 2003, rates for personal automobile insurance in this
state are determined as provided by Article 5.101 of this code, and rates
for commercial motor vehicle insurance in this state are determined as
provided by Article 5.13-2 of this code. Provides that on and after
December 1, 2004, rates for personal automobile insurance and commercial
automobile insurance in this state are determined as provided by Article
5.13-2 of this code. 

SECTION 21.06.  Amends Subsection (c), Article 5.04, Insurance Code, to
make conforming changes. 

SECTION 21.07.  Amends Article 5.06, Insurance Code, by adding Subsection
(12) to provide that, notwithstanding Subsections (1)-(10) of this
article, policy forms and endorsements for automobile insurance in this
state are regulated under Article 5.13-2 of this code. 

(b)  Authorizes an insurer to continue to use the policy forms and
endorsements promulgated, approved, or adopted by the commissioner under
this article before the effective date of S.B. No. 14, Acts of the 78th
Legislature, Regular Session, 2003, on notification in writing to the
commissioner that the insurer will continue to use the policy forms and
endorsements promulgated, approved, or adopted by the commissioner under
this article. 
 
SECTION 21.08.  Amends Subsection (2), Article 5.06-1, Insurance Code, as
follows: 
 
(c)  Authorizes the commissioner, rather than the board, in the policy
forms adopted under Article 5.06 of this code, to define "uninsured motor
vehicle" to exclude certain motor vehicles whose operators are in fact
uninsured.  Authorizes the commissioner in the policy forms filed under
Article 5.145 of this code to allow the term "uninsured motor vehicle" to
be defined to exclude certain motor vehicles whose operators are in fact
uninsured. 

(d)  Includes the portion of a policy form filed under Article 5.145 of
this code in relation to policy coverage.  Makes a conforming change. 

SECTION 21.09.  Amends Article 5.06-6, Insurance Code, as follows:

Art. 5.06-6.  COVERAGES FOR SPOUSES AND FORMER SPOUSES.  Requires a
personal automobile policy or any similar policy form adopted or approved
by the commissioner, rather than the State Board of Insurance under
Article 5.06 of this code or filed under Article 5.145 of this code that
covers liability arising out of ownership, maintenance, or use of a motor
vehicle of a spouse, who is otherwise insured by the policy, to contain a
provision to continue coverage for the spouse during a period of
separation in contemplation of divorce. 

SECTION 21.10.  Amends Subsection (c), Article 5.09, Insurance Code, to
make conforming changes. 

SECTION 21.11.  Amends Subsection (c), Article 5.11, Insurance Code,  to
make conforming changes. 

SECTION 21.12.  Amends Subsection (b), Article 5.25, Insurance Code, to
make conforming changes. 

SECTION 21.13.  Amends Subsection (b), Article 5.25A, Insurance Code, to
make conforming changes. 

SECTION 21.14.  Amends Article 5.25-2, Insurance Code, as follows:

 Art. 5.25-2.  CITY FIRE LOSS LISTS

 Sec. 1.  Redefines "list."

 Sec. 2.  (a) Makes conforming changes.

  (b)  Requires the list to include certain information.
  
  (c)  Makes a conforming change.

 Sec. 3 through Sec. 8.  Make conforming change.

SECTION 21.15.  Amends Subsection (i), Article 5.26, Insurance Code, to
provide that, notwithstanding Subsections (a)-(h) of this article, on and
after the effective date of S.B. No. 14, Acts of the 78th Legislature,
Regular Session, 2003, rates for homeowners and residential fire and
residential allied lines insurance coverage under this subchapter are
determined as provided by Subchapter Q, rather than M, of this chapter,
and rates for other lines of insurance subject to this subchapter are
determined as provided by Article 5.13-2 of this code, except that on and
after December 1, 2004, rates for all lines of insurance subject to this
subchapter are determined as provided by Article 5.13-2 of this code. 

SECTION 21.16.  Amends Article 5.28(d), Insurance Code, to make conforming
changes. 

 SECTION 21.17.  Amends Article 5.29(b), Insurance Code, to make
conforming changes. 
 
SECTION 21.18.  Amends Article 5.30(b), Insurance Code, to make conforming
changes. 

SECTION 21.19.  Amends Article 5.31(b), Insurance Code, to make conforming
changes. 

SECTION 21.20.  Amends Article 5.32(b), Insurance Code, to make conforming
changes. 

SECTION 21.21.  Amends Article 5.34(b), Insurance Code, to make conforming
changes. 

SECTION 21.22.  Amends Article 5.35, Insurance Code, by adding Subsection
(k), as follows: 

(k)(1)  Provides that notwithstanding Subsections (a)-(j) of this article,
policy forms and endorsements for residential property insurance in this
state are regulated under Article 5.13-2 of this code. 

(2)  Authorizes an insurer to continue to use the policy forms and
endorsements promulgated, approved, or adopted by the commissioner under
this article before the effective date of S.B. No. 14, Acts of the 78th
Legislature, Regular Session, 2003, on notification in writing to the
commissioner that the insurer will continue to use the policy forms and
endorsements promulgated, approved, or adopted by the commissioner under
this article. 

SECTION 21.23.  Amends Article 5.35-1, Insurance Code, to make a
conforming change. 
 
SECTION 21.24.  Amends Article 5.36, Insurance Code, to make conforming
changes. 

SECTION 21.25.  Amends Article 5.39(b), Insurance Code, to make conforming
changes. 

SECTION 21.26.  Amends Article 5.40(d), Insurance Code, to make conforming
changes. 

SECTION 21.27.  Amends Article 5.41(b), Insurance Code, to make conforming
changes. 
 
SECTION 21.28.  Amends Article 5.52, Insurance Code, as follows:

Art. 5.52.  PROVISIONS GOVERNING LIGHTNING, WINDSTORM, HAIL, INVASION,
RIOT, VANDALISM, STRIKES, LOCKOUTS AND OTHER INSURANCE; "EXPLOSION"
DEFINED.  (a)  Creates this subsection from existing text and makes a
conforming change. 

(b)  Provides that notwithstanding Subsection (a) of this section, rain
insurance and hail insurance on farm crops are governed by Article 5.13-2
of this code. 

  (c)  Creates this subsection from existing text and replaces the word
"above" with   "in this article." 

SECTION 21.29.  Amends Article 5.53, Insurance Code, as follows:

Art. 5.53.  New heading:  APPLICATION TO MARINE INSURANCE.  Requires the
provisions of this article to apply to all insurance which is now or
hereafter defined by statute, by rules of the commissioner, rather than by
ruling of the Board of Insurance Commissioners, or by lawful custom, as
marine insurance.  Prohibits the provisions of Chapter 5 of this code,
other than this article, to apply to marine insurance as defined by this
article.  Deletes Subsections (a)-(h) relating to class rates and rating
plans. 

SECTION 21.30.  Amends Section 1(a), Article 5.53-A, Insurance Code,  to
provide that any company licensed to engage in the business of fire
insurance and its allied lines, or inland marine insurance, or both, is
authorized to write home warranty insurance or home protection insurance
in this state. 
 
SECTION 21.31.  Amends Subsection (a-1), Article 5.96, Insurance Code, to
provide that this article does not apply to the setting of rates for
personal automobile insurance under Article 5.101 of this code, rates for
fire and allied lines insurance under Subchapter Q of this chapter or, on
and after December 1, 2004, rates for personal automobile insurance and
fire and allied lines insurance under Article 5.13-2 of this code.  Makes
conforming changes. 

SECTION 21.32.  Amends Subsections (a) through (d) and (f) through (m),
Article 5.97, Insurance Code, as follows: 

(a)  Authorizes TDI, rather than the State Board of Insurance, to take
action on filings for standard and uniform rates, rating plans, manual
rules, classification plans, statistical plans, and policy and endorsement
forms, or any modification of any of these for the lines of insurance
regulated in Subchapter B, Chapter 5, of this code under the procedure
specified in this article. 

 (b) through (d)  Make conforming changes.

(f)  Authorizes the commissioner, rather than requires the board, to hold
a hearing to consider the proposal or enter an order implementing or
denying the proposal.  Makes conforming changes. 

 (g) through (j)  Make a conforming change.

(k)  Provides that any person aggrieved by an order of the commissioner
is entitled to redress as provided by Article 5.23 of this code. 

(l)  Provides that Chapters 2001 and 2002, Government Code, do not apply
to   commissioner or TDI action taken under this article. 

 (m)  Makes conforming changes.

SECTION 21.33.  Amends Subsection (c), Article 21.28-E, Insurance Code, to
prohibit the provisions of this article from applying to marine insurance
as defined by Article 5.53. 

SECTION 21.34.  Amends Section (4)(b)(4), Article 21.49-3, Insurance Code,
to make conforming changes. 

SECTION 21.35.  Amends Section (5)(a), Article 21.55, Insurance Code, to
make conforming changes. 

SECTION 21.36.  Amends Article 21.56(e), Insurance Code, to make
conforming changes. 

SECTION 21.37.  Amends Section 8, Article 21.77, Insurance Code, as
follows: 

Sec. 8.  POLICY FORMS.  Requires all policy forms for insurance written
under this article to be prescribed by the commissioner as provided in
Article 5.06 of this code or filed and in effect as provided in Article
5.145 of this code.  Makes a conforming change. 

SECTION 21.38.  Amends Article 21.79E, Insurance Code, as follows:

Art. 21.79E.  CREDIT INVOLUNTARY UNEMPLOYMENT INSURANCE.  Requires any
insurer authorized to write any form of casualty insurance in this state
to also be authorized to write group or individual credit involuntary
unemployment insurance indemnifying a debtor for installment or other
periodic payments on the indebtedness while the debtor is involuntarily
unemployed, including policy forms and endorsements which define
involuntary unemployment to provide coverage and a premium charge for
interruption or reduction of a debtor's income during periods of leave
(paid or otherwise) authorized by the Federal Family and Medical Leave Act
of 1993 (29 U.S.C. Section 2601 et seq.), as amended, or other state or
federal laws.  Authorizes such insurance to be  written alone or in
conjunction with credit life insurance, credit accident and health
insurance, or both, in policies issued by any authorized insurer, but not
in contravention of the Texas Free Enterprise and Antitrust Act of 1983,
rather than Chapter 15, Business & Commerce Code.  Authorizes rates and
forms for such insurance to be made and filed in accordance with Article
5.13-2, rather than Articles 5.14 and 5.15 of this code. 

SECTION 21.39.  Amends Subdivision (2), Section 1, Article 21.81,
Insurance Code, to redefine "authorized insurer." 

SECTION 21.40.  (a)  Provides that effective June 1, 2003, Section
912.002, Insurance Code, is amended by amending Subsection (a) and adding
Subsection (c), as follows: 

(a)  Provides that a county mutual insurance company is exempt from the
operation of all insurance laws of this state except laws that are made
applicable by their specific terms or except as specifically provided by
this chapter. 

(c)  Provides that rate regulation for a residential fire and allied lines
insurance policy written by a county mutual insurance company is subject
to Subchapters Q and U, Chapter 5.  Provides that on and after December 1,
2004, rate regulation for a personal automobile insurance policy and a
residential fire and allied lines insurance policy written by a county
mutual insurance company is subject to Article 5.13-2.  Provides that a
county mutual insurance company is subject to Subchapter U, Chapter 5.
Authorizes the commissioner to adopt rules as necessary to implement this
subsection. 

(b)  Provides that until June 1, 2003, Subsection (b), Article 17.22,
Insurance Code, is amended as follows: 

(b)  Provides that rate regulation for a residential fire and allied lines
insurance policy written by a county mutual insurance company is subject
to Subchapters O and Q, Chapter 5 of this code.  Authorizes the
commissioner to adopt rules as necessary to implement this subsection.
Provides that this subsection expires June 1, 2003. 

SECTION 21.405.  Amends Subchapter A, Chapter 912, Insurance Code, by
adding Section 912.005, as follows: 

Sec. 912.005.  LIMITATION ON TRANSFER OF BUSINESS TO COUNTY MUTUAL
INSURANCE COMPANY.  Prohibits an insurer from transferring more than 10
percent of the insurer's insurance policies to a county mutual insurance
company without the prior approval of the commissioner. 

SECTION 21.41.  Amends Section 912.152, Insurance Code, as follows:

Sec. 912.152.  POLICY FORMS.  (a)  Provides that a county mutual insurance
company is subject to Articles 5.06, 5.35, and 5.145. 

(b)  Requires county mutual insurance companies to file policy forms under
Article 5.145 or continue to use the standard policy forms and
endorsements promulgated under Articles 5.06 and 5.35 on notification to
the commissioner in writing in the manner prescribed by those articles
that those forms will continue to be used. 

SECTION 21.42.  (a)  Provides that effective June 1, 2003, Section
912.201, Insurance Code, is amended as follows: 

Sec. 912.201.  SCHEDULE OF CHARGES.   Requires a county mutual insurance
company to file premium, expense, and loss experience data with TDI in the
manner prescribed by the commissioner.  Requires an insurer to file the
schedules and data required under this section according to rules
promulgated by the commissioner. 
 
(b)  Provides that until June 1, 2003, Section 6, Article 17.25, Insurance
Code, is amended as follows: 

Sec. 6.  FILE SCHEDULE OF CHARGES.  Requires items required under this
section to be filed according to rules promulgated by the commissioner. 

SECTION 21.43.  (a)  Provides that effective June 1, 2003, Subsection (b),
Section 941.003, Insurance Code, is amended as follows: 

 (b)  Provides that a Lloyd's plan is subject to:
  (1)  Section 5, Article 1.10;
  (2)  Article 1.15A;
  (3)  Subchapters A, Q, T, and U, Chapter 5;
  (4)  Articles 5.35, 5.38, 5.39, 5.40, and 5.49;
  (5)  Articles 21.21 and 21.49-8; 
  (6)  Sections 822.203, 822.205, 822.210, and 822.212; and
  (7)  Article 5.13-2, as provided by that article.

(b)  Provides that until June 1, 2003, Article 18.23, Insurance Code, is
amended by adding Subsection (c), as follows: 

(c)  Provides that rate regulation for a personal automobile insurance
policy written by a Lloyd's plan is subject to Subchapter M, Chapter 5 of
this code.  Provides that rate regulation for a homeowners or residential
fire and allied lines insurance policy written by a Lloyd's plan is
subject to Subchapter Q, Chapter 5 of this code.  Authorizes the
commissioner to adopt rules as necessary to implement this subsection.
Provides that a Lloyd's plan is subject to Subchapter O, Chapter 5 of this
code.  Provides that this subsection expires June 1, 2003. 

SECTION 21.44.  (a)  Provides that effective June 1, 2003, Subsection (b),
Section 942.003, Insurance Code, is amended as follows: 

 (b)  Provides that an exchange is subject to:
  (1)  Section 5, Article 1.10;
  (2)  Articles 1.15, 1.15A, and 1.16;
  (3)  Subchapters A, Q, T, and U, Chapter 5;
  (4)  Articles 5.35, 5.37, 5.38, 5.39, and 5.40;
  (5)  Articles 21.21 and 21.49-8; 
(6)  Sections 822.203, 822.205, 822.210, 822.212, 861.254(a)-(f), 861.255,
862.001(b), and 862.003; and 
  (7)  Article 5.13-2, as provided by that article

(b)  Provides that until June 1, 2003, Article 19.12, Insurance Code, is
amended by adding Subsection (c), as follows: 

(c)  Provides that rate regulation for a personal automobile insurance
policy written by a reciprocal or interinsurance exchange is subject to
Subchapter M, Chapter 5 of this code. Provides that rate regulation for a
homeowners or residential fire and allied lines insurance policy written
by a reciprocal or interinsurance exchange is subject to Subchapter Q,
Chapter 5 of this code.  Authorizes the commissioner to adopt rules as
necessary to implement this subsection.  Provides that a reciprocal or
interinsurance exchange is subject to Subchapter O, Chapter 5 of this
code.  Provides that this subsection expires June 1, 2003. 

SECTION 21.45.  Amends Section 502.153(d), Transportation Code,  to
provide that a personal automobile policy used as evidence of financial
responsibility under this section must comply with Article 5.06 or 5.145,
Insurance Code. 
 
SECTION 21.46.  Amends Section 521.143(c), Transportation Code,  to makes
a conforming change. 

SECTION 21.47.  Repealer: 

  (1)  Articles 5.03-2, 5.03-3, 5.03-4, and 5.03-5, Insurance Code;
(2)  Subsection (h), Article 5.26, and Articles 5.33C, 5.50, and 40.061,
Insurance Code; 
  (3)  Subsection (b), Section 5, Article 5.13-2, Insurance Code;
  (4)  Section 4C, Article 5.73, Insurance Code;
(5)  Article 5.33B, Insurance Code, as added by Chapter 337, Acts of the
74th Legislature, Regular Session, 1995; 
  (6)  Articles 5.14, 5.15, and 5.15B, Insurance Code;
  (7)  Subsection (e), Article 5.97, Insurance Code; and
  (8)  Subdivision (2), Subsection (b), Section 4, Article 21.49-3,
Insurance Code. 

SECTION 21.48.  Repealer:  Article 5.33A, Insurance Code.

ARTICLE 22.  GENERAL TRANSITION; SEVERABILITY; EFFECTIVE DATE

SECTION 22.01.  Provides that the amendment of statutory provisions by
this Act does not affect the repeal of those provisions by Section 31,
Chapter 1419, Acts of the 77th Legislature, Regular Session, 2001. 

SECTION 22.02.  Makes application of this Act prospective.

SECTION 22.03.  Provides that if any provision of this Act or its
application to any person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to this end
the provisions of this Act are declared to be severable. 

SECTION 22.04.  Effective date:  upon passage or September 1, 2003.