78R5914 KCR-D

By:  Coleman                                                      H.B. No. 2282


A BILL TO BE ENTITLED
AN ACT
relating to requiring certain insurers of motor vehicles to file rate information; providing an administrative penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 5, Insurance Code, is amended by adding Subchapter R to read as follows:
SUBCHAPTER R. FILING OF MOTOR VEHICLE INSURANCE
RATES FOR REPORT TO LEGISLATURE
Art. 5.161. FILING OF RATE INFORMATION; REPORT Sec. 1. PURPOSE. The purpose of this article is to require a one-time rate filing by insurers writing motor vehicle insurance in this state. Immediately after the effective date of this article and on request of the commissioner of insurance, insurers writing motor vehicle insurance in this state shall file rates and supporting data, including current rates and estimated rates to be charged in the six-month period following the effective date of this article, with the department for the purpose of the commissioner's preparation of a summary report for submission to the 78th Legislature. The report shall contain a review of the rates filed, presented in a manner that protects the identity of individual insurers and must: (1) inform the legislature as to whether the rates are just, adequate, and reasonable and not excessive or unfairly discriminatory; and (2) assist the legislature in determining the most effective and efficient regulatory system for motor vehicle insurance in this state. Sec. 2. DEFINITIONS. In this article: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual, capital stock company, county mutual insurance company, association, Lloyd's plan, or other entity authorized to write motor vehicle insurance in this state. The term includes an affiliate as described by Section 823.003(a) of this code if that affiliate is writing motor vehicle insurance in this state. (2) "Motor vehicle" means any private passenger motor vehicle that is registered in this state and has a gross weight of 25,000 pounds or less. (3) "Supplementary rating information" means any manual, rating schedule, plan of rules, rating rules, classification systems, territory codes and descriptions, rating plans, and other similar information used by an insurer to determine the premium for an insured. The term includes factors and relativities, including increased limits factors, classification relativities, deductible relativities, premium discounts, and other similar factors and rating plans such as experience, schedule, and retrospective rating. (4) "Security" or "securities" has the meaning assigned by Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil Statutes). Sec. 3. RATE INFORMATION. (a) Insurers must file motor vehicle insurance rates and supporting information with the department in accordance with the requirements determined by the commissioner under this article. (b) Filings made by each insurer must be sufficient to respond to the commissioner's request for information under this article and, based on information reasonably known to the insurer at the time of filing, must provide: (1) current rates; and (2) estimated rates for the six-month period following the effective date of this article. (c) The insurer shall file, in a format specified by the commissioner: (1) all motor vehicle insurance rates, supplementary rating information, underwriting guidelines, reasonable and pertinent supporting information for risks written in this state, and all applicable rating manuals; (2) actuarial support, including all statistics, data, or other information to support the rates, supplementary rating information, use of credit scoring, and underwriting guidelines used by the insurer; (3) the policy fees, service fees, and other fees charged under Article 21.35A or 21.35B of this code; (4) information concerning the credit scoring formulas and methodologies used by the insurer to determine motor vehicle insurance premiums or underwriting and any other information requested by the commissioner relating to the insurer's use of credit scoring to determine premiums or underwriting for motor vehicle insurance; (5) information on the insurer's losses from investments in securities, whether publicly or privately traded, including investments in the securities of companies required by any oversight agency to restate earnings within the 24 months preceding the effective date of this article, used by the insurer to determine premiums or underwriting for motor vehicle insurance, as this information relates to the rates described by Section 1 of this article; (6) information on the insurer's costs of reinsurance, including costs incurred subsequent to September 11, 2001, used by the insurer to determine premiums or underwriting for motor vehicle insurance, as this information relates to the rates described by Section 1 of this article; (7) a complete explanation and an electronic copy of all computer models used by the insurer, including credit scoring and catastrophe models, not protected by a contract with a third party; and (8) a complete explanation of all changes to underwriting guidelines, rates, and supplementary rating information made since January 1, 2000. (d) An insurer that has a share of the motor vehicle insurance market in this state of five percent or more shall file the rating information required under this section. The commissioner shall determine which insurers that have a share of the motor vehicle insurance market in this state of less than five percent are required to file the rating information under this article. (e) The commissioner shall determine the date on which the filing is due. (f) The commissioner may require only one filing of rates and supporting information by an insurer under this section and may require additional information as provided by Section 4 of this article. The commissioner shall require the filing of rates provided by this article to be made not later than the 30th day after the effective date of this article. (g) The commissioner shall issue an order specifying: (1) the information that insurers must file to comply with this article; and (2) the date on which the filing is due. (h) The commissioner is not required to hold a hearing before issuing the order required under Subsection (g) of this section. (i) The commissioner shall notify an affected insurer of the order requiring the rate filing information under this section on the day the order is issued. Sec. 4. ADDITIONAL INFORMATION. After the initial rate submission under Section 3 of this article, the commissioner may require an insurer to provide additional reasonable information necessary to clarify or complete the initial rate submission. Sec. 5. USE OF FILED RATE INFORMATION. (a) Information filed by an insurer with the department under this article that is confidential under a law that applied to the insurer before the effective date of this article remains confidential and is not subject to disclosure under Chapter 552, Government Code, except that the information may be disclosed as provided by Section 552.008, Government Code. Information disclosed under Section 552.008, Government Code, shall be provided in a commonly used electronic format, including in spreadsheet or comma-delimited format, if so requested. The information may not be released to the public except in summary form in the report required under Section 6 of this article. (b) Subsection (a) of this section does not preclude the use of information filed under this article as evidence in prosecuting a violation of this code. Confidential information described by Subsection (a) of this section that is used in prosecuting a violation is subject to a protective order until all appeals of the case have been exhausted. If an insurer is found, after the exhaustion of all appeals, to have violated this code, a copy of the confidential information used as evidence of the violation is no longer presumed to be confidential. Sec. 6. REPORT. (a) The commissioner shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the members of the legislature on the information collected from the filings required under this article. The report shall be submitted not later than the 30th day after the effective date of this article. The report may be created based on a sample of the information provided under Section 3 of this article. (b) The report required under this section shall provide a summary review of the rates currently charged and estimated to be charged over the six months following the effective date of this article, presented in a manner that protects the identity of individual insurers, and must: (1) inform the legislature as to whether the rates are just, adequate, and reasonable and not excessive or unfairly discriminatory; and (2) assist the legislature in determining the most effective and efficient regulatory system for motor vehicle insurance in this state. Sec. 7. NOTIFICATION; NONCOMPLIANCE. The commissioner shall notify the governor, the lieutenant governor, the speaker of the house of representatives, and the members of the legislature of the names of the insurers whom the commissioner requested to make the rate filings under this article and the names of the insurers who did not respond in whole or in part to the commissioner's request. This notification shall be made by a separate letter on the fourth day following the date on which the commissioner determines the filing is due under Section 3(g) of this article. Sec. 8. APPLICATION OF CERTAIN LAW. Chapter 40 of this code does not apply to an action of the commissioner under Section 3(g) of this article. Sec. 9. FAILURE TO COMPLY. An insurer that fails to comply with any request for information issued by the commissioner under this article is subject, after notice and opportunity for hearing, to sanctions as provided by Chapters 82 and 84 of this code. Sec. 10. EXPIRATION. This article expires December 31, 2003. SECTION 2. The expiration of Article 5.161, Insurance Code, as added by this Act, 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. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.