78R15352 E
By:  Jackson, et al.                                              S.B. No. 14 
Substitute the following for S.B. No. 14:                                     
By:  Smithee                                                  C.S.S.B. No. 14 
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of residential property and commercial 
and personal automobile insurance; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
ARTICLE 1.  RATE REQUIREMENTS
PART A.  RATE FILINGS
	SECTION 1.01.  Chapter 5, Insurance Code, is amended by 
adding Subchapter Q to read as follows:
SUBCHAPTER Q.  RATES FOR CERTAIN LINES
	Art. 5.142.  RATES FOR PERSONAL AUTOMOBILE INSURANCE 
COVERAGE AND RESIDENTIAL PROPERTY INSURANCE COVERAGE
	Sec. 1.  SCOPE; PURPOSE.  (a)  This article governs the 
regulation of rates for personal automobile insurance and 
residential property insurance.
	(b)  The purposes of this article are to:                               
		(1)  promote the public welfare by regulating personal 
automobile insurance rates and residential property insurance 
rates to prohibit excessive, inadequate, unreasonable, or unfairly 
discriminatory rates;
		(2)  promote the availability of personal automobile 
and residential property insurance;
		(3)  promote price competition among insurers to 
provide rates and premiums that are responsive to competitive 
market conditions; and
		(4)  prohibit price-fixing agreements and other 
anticompetitive behavior by insurers.
	Sec. 2.  DEFINITIONS.  (a)  In this article:                            
		(1)  "Advisory organization" means an organization 
licensed under Article 5.73 of this code.
		(2)  "Classification" means the grouping of risks with 
similar risk characteristics so that differences in expected costs 
may be appropriately recognized.
		(3)  "Disallowed expenses" includes:                                   
			(A)  administrative expenses, not including 
acquisition, loss control, and safety engineering expenses, that 
exceed 110 percent of the industry median for those expenses;
			(B)  lobbying expenses;                                               
			(C)  advertising expenses, other than for 
advertising:              
				(i)  directly related to the services or 
products provided by the insurer; or
				(ii)  designed and directed at loss 
prevention;                    
			(D)  amounts paid by an insurer:                                      
				(i)  as damages in an action brought against 
the insurer for bad faith, fraud, or any matters other than payment 
under the insurance contract; or
				(ii)  as fees, fines, penalties, or 
exemplary damages for a civil or criminal violation of law;
			(E)  contributions to:                                                
				(i)  social, religious, political, or 
fraternal organizations; or  
				(ii)  organizations engaged in legislative 
advocacy;               
			(F)  except as authorized by rule by the 
commissioner, fees and assessments paid to advisory organizations; 
and
			(G)  any unreasonably incurred expenses, as 
determined by the commissioner after notice and hearing.
		(4)  "Filer" means an insurer that files rates, 
supplementary rating information, supporting information, rating 
manuals, or any other information required to be filed under this 
article.
		(5)  "Insurer" means an insurance company, reciprocal 
or interinsurance exchange, mutual insurance company, capital 
stock company, county mutual insurance company except as provided 
by Section 13, Article 5.13-2, of this code, Lloyd's plan, or other 
legal entity authorized to write personal automobile insurance or 
residential property insurance in this state.  The term includes an 
affiliate, as described by this code, if that affiliate is 
authorized to write personal automobile insurance or residential 
property insurance.  The term does not include:
			(A)  the Texas Windstorm Insurance Association 
under Article 21.49 of this code;
			(B)  the FAIR Plan Association under Article 
21.49A of this code;   
			(C)  the Texas Automobile Insurance Plan 
Association under Article 21.81 of this code; or
			(D)  an insurer that is not engaged in the 
business of personal automobile insurance or residential property 
insurance in this state before the effective date of S.B. 14, Acts 
of the 78th Legislature, Regular Session, 2003.
		(6)  "Line" means a type of insurance subject to this 
article.       
		(7)  "Personal automobile insurance" means motor 
vehicle insurance coverage for the ownership, maintenance, or use 
of a private passenger, utility, or miscellaneous type motor 
vehicle, including a motor home, trailer, or recreational vehicle, 
that is:
			(A)  owned or leased by an individual or 
individuals; and           
			(B)  not primarily used for the delivery of goods, 
materials, or services, other than for use in farm or ranch 
operations.
		(8)  "Rate" means the cost of insurance per exposure 
unit, whether expressed as a single number or as a prospective loss 
cost, with an adjustment to account for the treatment of expenses, 
profit, and individual insurer variation in loss experience, and 
before any application of individual risk variations based on loss 
or expense considerations.
		(9)  "Rating manual" means a publication or schedule 
that lists rules, classifications, territory codes and 
descriptions, rates, premiums, and other similar information used 
by an insurer to determine the applicable premium charged an 
insured for personal automobile insurance or residential property 
insurance.
		(10)  "Residential property insurance" means insurance 
coverage against loss to real or tangible personal property at a 
fixed location that is provided through a homeowners policy, 
including a tenants policy, a condominium owners policy, or a 
residential fire and allied lines policy.
		(11)  "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 the insurer to 
determine the applicable premium for an insured.  The term includes 
factors and relativities, including increased limits factors, 
classification relativities, deductible relativities, premium 
discount, and other similar factors and rating plans, including 
experience, schedule, and retrospective rating.
		(12)  "Supporting information" means:                                  
			(A)  the experience and judgment of the filer and 
the experience or information of advisory organizations or other 
insurers relied on by the filer;
			(B)  the interpretation of any other information 
relied on by the filer;
			(C)  descriptions of methods used in making the 
rates; and          
			(D)  any other information required by the 
commissioner by rule to be filed.
	(b)  For purposes of this subchapter, 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)  cannot be actuarially justified;                                 
			(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.
	Sec. 3.  RATING CRITERIA.  (a)  An insurer shall set rates 
for each line in accordance with this section.
	(b)  In setting rates, an insurer shall consider:                       
		(1)  past and prospective loss experience inside this 
state, and outside this state if the state data are not credible;
		(2)  the peculiar hazards and experiences of individual 
risks, past and prospective, inside and outside this state;
		(3)  the insurer's actuarially credible historical 
premium, exposure, loss, and expense experience;
		(4)  catastrophe hazards within this state;                            
		(5)  operating expenses, excluding disallowed 
expenses;              
		(6)  investment income;                                                
		(7)  a reasonable margin for profit; and                               
		(8)  any other factors inside and outside this state 
determined to be relevant by the insurer and not disallowed by the 
commissioner.
	(c)  An insurer may:                                                    
		(1)  group risks by classification for the 
establishment of rates and minimum premiums; and
		(2)  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 factor listed in Subsection (b) of this section.
	(d)  Rates established under this section may not be 
excessive, inadequate, unreasonable, or unfairly discriminatory 
for the risks to which they apply.
	(e)  In setting rates applicable solely to policyholders in 
this state, an insurer shall use its own historical premium and loss 
data, as well as its own data for expenses and for profit and 
contingency factors.  The commissioner may require an audit of the 
insurer's historical premium and loss data.  The insurer may 
separately supplement its own historical premium and loss data with 
industry-wide historical premium and loss data from this state as 
necessary.  The commissioner by rule may establish requirements for 
reporting historical premium and loss data under this subsection.
	(f)  In determining a rating territory, an insurer shall use 
methods based on sound actuarial principles.
	Sec. 4.  RATE FILINGS.  (a)  An insurer shall file with the 
department all rates, applicable rating manuals, supplementary 
rating information, and additional information on an annual basis 
as required by the commissioner for risks written in this state.
	(b)  The commissioner by rule shall 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.
	(c)  The insurer shall 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 as to race, color, 
religion, ethnicity, or national origin.
	(d)  Other than the annual rate filings required under 
Subsection (a) of this section, the commissioner may require an 
insurer to file with the department all rates, applicable rating 
manuals, supplementary rating information, and additional 
information required under Subsections (b) and (c) of this section:
		(1)  on using a new policy form that has been approved 
by the commissioner for a line of insurance offered by the insurer;
		(2)  on changing the underwriting guidelines used by 
the insurer;    
		(3)  if the commissioner receives a substantial number 
of consumer complaints, as determined by the commissioner, about an 
insurer's prices or practices;
		(4)  if the commissioner determines that there is a 
significant difference between the insurer's current loss trends 
and the insurer's prospective loss trends reported in the prior 
annual rate filing; or
		(5)  if the commissioner otherwise determines that good 
cause exists to review an insurer's rating information.
	(e)  Unless otherwise required by the commissioner, after an 
initial annual rate filing required under this section is approved 
by the commissioner, an insurer is not required to make subsequent 
annual filings if the rate to be used by the insurer is the same as 
the rate in effect.
	(f)  An insurer shall provide to the department in the manner 
prescribed by the commissioner information necessary to verify the 
information filed by the insurer under Subsection (c) of this 
section.
	(g)  The commissioner by rule shall establish what 
constitutes "good cause" for purposes of Subsection (d)(5) of this 
section.
	(h)  The commissioner may not require an insurer to file 
information that is not contained in the books and records kept by 
the insurer in the insurer's normal course of business.
	Sec. 5.  PRIOR APPROVAL REQUIRED.  (a)  Except as provided by 
Subsection (j) of this section, an insurer may not use a rate until 
the rate has been filed with the department and approved by the 
commissioner as provided by this section.  For purposes of this 
section, a rate is filed with the department on the date the rate 
filing is received by the department.
	(b)  Not later than the 30th day after the date the rate is 
filed with the department, the commissioner shall:
		(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.
	(c)  Except as provided by Subsection (e) of this section or 
Section 9(c) 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, 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 and approved rate.
	(d)  The commissioner and the insurer may not by agreement 
extend the 30-day period described by Subsection (b) of this 
section.
	(e)  For good cause, the commissioner may 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 (b) of this section.
	(f)  If the department determines that the information filed 
by the insurer under this article is incomplete or otherwise 
deficient, the department, not later than the 10th day after the 
date the insurer files the rate with the department, may request 
additional information from the insurer.  If the department 
requests 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 the 
department's submission of the request for additional information 
to the insurer and the date of the receipt of the additional 
information by the department from the insurer is not counted to 
determine what constitutes the first 30-day review period or the 
second 30-day review period.  For purposes of this subsection, the 
date of the department'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.
	(g)  The commissioner shall approve the rate filing if the 
proposed rate is adequate, not excessive, and not unfairly 
discriminatory.
	(h)  If the commissioner approves a rate filing, the 
commissioner shall provide written or electronic notification of 
the approval to the insurer.  On receipt of the notice of the 
commissioner's approval of a rate, the insurer may use the rate.
	(i)  From the date of the filing of the rate with the 
department 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.
	(j)  After approval of a rate filing under this section, an 
insurer may 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.  Filed rates under this 
subsection take effect on the date specified by the insurer.
	Sec. 6.  DISAPPROVAL OF RATE.  (a)  The commissioner may 
disapprove a rate filed under this article if the commissioner 
determines that the rate does not meet the requirements of this 
article.
	(b)  If the commissioner disapproves a rate, the 
commissioner shall notify the insurer that made the rate filing and 
shall issue a disapproval order on the date the commissioner 
provides notice to the insurer.  The notice to the insurer and the 
commissioner's disapproval order must specify how the rate fails to 
meet the requirements of this article.  The commissioner may 
provide the notice electronically if a subsequent written notice is 
also provided.  The order must state the date on which the further 
use of the disapproved rate is prohibited.  The commissioner may 
specify in the order a rate that would be approved by the 
commissioner.
	(c)  An insurer may not use a rate in this state after 
disapproval of the rate by the commissioner.
	(d)  An insurer whose rate is disapproved under this section 
is not entitled to a hearing before the commissioner's disapproval 
order is issued.
	(e)  After receiving notice of the commissioner's 
disapproval of the rate filed by the insurer, the insurer, not later 
than the 20th day after the date a disapproval order is issued under 
this section, may request:
		(1)  a rate hearing to be conducted by the State Office 
of Administrative Hearings; or
		(2)  a binding arbitration to be conducted by 
arbitrators selected in the manner described by Subsection (h) of 
this section.
	(f)  After completion of the rate hearing under Subsection 
(e)(1) of this section, the administrative law judge shall 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;          
		(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;
		(3)  adoption of a temporary rate pending further 
review; or         
		(4)  adoption of the rate filed by the insurer.                        
	(g)  An insurer requesting binding arbitration under 
Subsection (e)(2) of this section:
		(1)  waives the insurer's right to appeal the 
commissioner's disapproval of a filed rate beyond the binding 
arbitration; and
		(2)  shall pay the entire cost of the binding 
arbitration.           
	(h)  Binding arbitration conducted under Subsection (e) of 
this section must be conducted by three arbitrators, one selected 
by the department, one selected by the insurer, and one agreed on by 
the arbitrators chosen by the department and the insurer.  The three 
arbitrators shall reach a decision by considering a rate proposed 
by the insurer and a rate proposed by the department.  The rate 
proposed by the department or by the insurer on which two of the 
three arbitrators agree shall be the insurer's effective rate.
	(i)  The office of public insurance counsel may participate 
in a hearing or binding arbitration conducted under this section 
and present evidence at the hearing or arbitration.
	Sec. 7.  BASIS FOR RATE APPROVAL.  (a)  In deciding whether 
to approve or disapprove a rate filing of an insurer under this 
article, the commissioner shall consider whether:
		(1)  the insurer's rate complies with the rating 
criteria adopted under Section 3 of this article;
		(2)  the insurer's underwriting guidelines are fair and 
not discriminatory;
		(3)  the insurer has applied credit scoring in 
accordance with Article 21.49-2U of this code; and
		(4)  any applicable management fees charged by the 
insurer comply with law and are not unreasonable or excessive under 
accepted regulatory standards.
	(b)  The insurer must itemize any applicable management fees 
charged by the insurer, including an analysis of each fee that 
states each component of the fee, and an itemization of 
profit-load.
	Sec. 8.  USE OF UNDERWRITING GUIDELINES AND RATING MANUALS.  
On approval of a rate filing by the commissioner under Section 5 of 
this article, and subject to Article 21.49-2V of this code, if 
applicable, an insurer may use the insurer's underwriting 
guidelines and rating manuals in preparing future rate filings as 
required under this article.
	Sec. 9.  EFFECT OF INSURER NONCOMPLIANCE.  (a)  If the 
commissioner determines that any of the information required under 
Section 4 of this article to be included in the rate filing has not 
been provided to the department by an insurer in the rate filing, 
the commissioner in writing shall notify the insurer:
		(1)  that the insurer is not in compliance with this 
article; and    
		(2)  the date by which the insurer must provide the 
information not included in the rate filing.
	(b)  Unless the commissioner determines otherwise, the 
30-day approval period described under Section 5(b) of this article 
does not begin until the date the commissioner determines that the 
insurer has filed a complete rate filing as required by this 
article.  For purposes of this subsection, a rate filing is 
considered complete on the later of:
		(1)  the 11th day after the date an insurer files a rate 
with the department under this article; or
		(2)  the day the department receives all information 
requested under Section 5(f) of this article.
	(c)  Section 5(c) of this article does not apply to an 
insurer that:  
		(1)  has violated this article, another law, or a rule 
adopted under this code relating to:
			(A)  rating information required to be provided by 
an insurer; or   
			(B)  rates generally;                                                 
		(2)  has violated any law or rule adopted under this 
code relating to underwriting requirements; or
		(3)  has not complied with an order issued by the 
commissioner during the three years preceding the date of the rate 
filing required under this article.
	(d)  If a rate filed by an insurer described by Subsection 
(c) of this section has not been approved or disapproved by the 
commissioner before the expiration of the 30-day period described 
by Section 5(b) of this article, the rate is considered denied.  An 
insurer may appeal the commissioner's disapproval of a rate under 
this subsection as provided by Section 6 of this article.
	Sec. 10.  PUBLIC INFORMATION.  Subject to Section 552.110, 
Government Code, each rate filing and any supporting information 
filed under this article are public information and must be 
disclosed under Chapter 552, Government Code, as of the date the 
filing is received by the commissioner.
	Sec. 11.  CERTAIN USE OF FILED RATE INFORMATION.  (a)  Any 
information filed by an insurer with the department under this 
article may be disclosed to:
		(1)  individual members, agencies, or committees of the 
legislature; and
		(2)  an agency in the executive branch of state 
government or an employee of that agency.
	(b)  An individual member, agency, or committee of the 
legislature that receives information under Subsection (a)(1) of 
this section may use the information only for legislative purposes.  
An agency or employee of an agency that receives information under 
Subsection (a)(2) of this section may use the information only for 
the official purposes of the agency.
	(c)  Confidential information disclosed under this section 
remains confidential.
	Sec. 12.  SUPERVISION REQUIREMENT.  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, the commissioner may require the 
insurer to file with the commissioner all rates, supplementary 
rating information, and any supporting information prescribed by 
the commissioner.
	Sec. 13.  RIGHTS OF PUBLIC INSURANCE COUNSEL.  (a)  On 
request to the commissioner, the public insurance counsel may 
review all rate filings and additional information provided by an 
insurer under this article.  Confidential information reviewed 
under this subsection remains confidential.
	(b)  The public insurance counsel, not later than the 30th 
day after the date of a rate filing under Section 5 of this article, 
may 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.  The written objection must contain the reasons 
for the objection.
	Sec. 14.  RATE HEARINGS; ADMINISTRATIVE PROCEDURES.  Subject 
to Chapter 40 of this code, Chapter 2001, Government Code, applies 
to all hearings on rates conducted under this article.  To the 
extent of any conflict between this article and Chapter 2001, 
Government Code, this article prevails.
	Sec. 15.  APPEAL.  (a)  An insurer or the public insurance 
counsel may, not later than the 30th day after the date the 
commissioner issues an order under this article, appeal the order 
in accordance with Subchapter D, Chapter 36, of this code.
	(b)  An insurer that appeals an order of the commissioner 
issued under this article shall pay all costs associated with the 
appeal, including any attorney's fees incurred by the department, 
if the insurer does not prevail on appeal.
	Sec. 16.  BURDEN OF PROOF.  To prevail in a rate hearing 
under Section 14 of this article or an appeal under Section 15 of 
this article, an insurer must establish that the commissioner's 
order is an abuse of discretion.
	Sec. 17.  RULES.  The commissioner shall adopt rules as 
necessary to implement this article.
	Sec. 18.  NOTICE TO POLICYHOLDER.  (a)  An insurer shall 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.
	(b)  The insurer shall 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.
	Sec. 19.  ADVISORY ORGANIZATIONS.  (a)  An advisory 
organization may file with the commissioner for use by insurers 
loss and loss adjustment expense information.  An insurer that 
subscribes to the advisory organization may use information filed 
under this subsection after the information is approved by the 
commissioner.
	(b)  An advisory organization may not publish rates for 
insurance subject to this article.
	Art. 5.143.  EXCEPTIONS TO RATE FILING AND APPROVAL 
REQUIREMENTS      
	Sec. 1.  DEFINITIONS.  In this article:                                 
		(1)  "Insurer" means a property and casualty insurer 
authorized to engage in the business of residential property 
insurance in this state.  The term includes:
			(A)  a Lloyd's plan, a county mutual insurance 
company, and a reciprocal or interinsurance exchange; and
			(B)  the affiliate of an insurer, as described by 
this code.        
		(2)  "Residential property insurance" includes:                        
			(A)  homeowners insurance; and                                        
			(B)  residential fire and allied lines insurance.                     
	Sec. 2.  INSURER MARKET SHARE.  An insurer with a market 
share of five percent or more that acquires an interest in an 
insurer with a smaller market share or that splits into smaller 
entities, to be owned in whole or in part by the insurer with the 
larger market share, is required to continue to file rates for all 
affected entities, as required by the commissioner under Section 3 
of this article.
	Sec. 3.  EXEMPTION FROM CERTAIN FILING REQUIREMENTS.  (a)  On 
the request of an insurer, the commissioner may, in accordance with 
this article, partially or wholly exempt the insurer from:
		(1)  the requirement to file certain data with the 
department; and   
		(2)  the rate approval requirements adopted under 
Article 5.142 of this code.
	(b)  An exemption under Subsection (a)(1) of this section 
does not apply to requirements that the insurer file its rates and 
its market capacity information with the department.
	(c)  An exemption granted under Subsection (a) may be limited 
to a specific period.
	Sec. 4.  REDUCED FILING--INSURER WITH MARKET SHARE OF FIVE 
PERCENT OR MORE.  An insurer with a market share of five percent or 
more is subject to rate approval under Article 5.142 of this code.  
However, on request by the insurer, the commissioner may grant the 
insurer a partial reduction in the amount of data required to be 
filed with the department if:
		(1)  the commissioner has determined:                                  
			(A)  that the filed rate represents an increase of 
not more than 7.5 percent of the rate previously approved for use by 
the insurer under this article; and
			(B)  that granting the reduced filing will not 
adversely affect consumers or the market; and
		(2)  the insurer certifies to the department, and the 
commissioner finds, that the insurer is in compliance with the 
requirements adopted under Section 6 of this article.
	Sec. 5.  REDUCED FILING--INSURER WITH MARKET SHARE OF LESS 
THAN FIVE PERCENT.  (a)  An insurer with a market share of less than 
five percent is subject to the rate filing requirements of Article 
5.142 of this code.  However, on request of the insurer, the 
commissioner may grant the insurer a partial or total reduction in 
the amount of supporting information required to be filed with the 
department or in the rate approval requirements imposed under 
Article 5.142 of this code if:
		(1)  the commissioner has determined that granting the 
request will not adversely affect consumers or the market; and
		(2)  the insurer certifies to the department, and the 
commissioner finds, that the insurer is in compliance with the 
requirements adopted under Section 6 of this article.
	(b)  An insurer subject to this section may file for an 
exemption under Subsection (a) of this section at any time.
	Sec. 6.  INSURER REQUIREMENTS.  To be eligible for a 
reduction in rate filing or approval requirements under Section 4 
or 5 of this article, an insurer:
		(1)  shall agree, through an enforceable contract 
entered into with the department, that the insurer will not leave 
the residential property insurance market in this state, or 
substantially reduce its market share in this state, before the 
first anniversary of the date of the agreement, without:
			(A)  the express approval of the commissioner; and                    
			(B)  the filing of a withdrawal plan that is 
satisfactory to the commissioner;
		(2)  shall certify that the insurer's average filed 
rates do not exceed the rates used by the insurer during the 
preceding year by the greater of:
			(A)  7.5 percent; or                                                  
			(B)  2.5 percent plus the established or projected 
cost-of-living increase for the preceding year, as determined by 
the commissioner;
		(3)  must have promptly responded to prior data 
requirements and requests from the department; and
		(4)  may not be subject to any contested disciplinary 
action by the department.
	Sec. 7.  REDUCED FILING--INSURER WITH MARKET SHARE OF LESS 
THAN ONE-HALF OF ONE PERCENT.  (a)  Subject to Section 5 of this 
article, an insurer that has a market share of less than one-half of 
one percent is subject to the rate filing requirements of Article 
5.142 of this code, but may, on request to the commissioner, be 
exempted from any other specific filing for a period not to exceed 
three years from the date of the insurer's request if the 
commissioner:
		(1)  does not disapprove the rate filing made by the 
insurer; and    
		(2)  determines that granting the request will not 
adversely affect consumers or the market.
	(b)  An insurer subject to this section may file for an 
exemption under Subsection (a) of this section at any time.
	Sec. 8.  EFFECT OF SURPLUS LINES COVERAGE.  (a)  An eligible 
surplus lines insurer is exempt from the rate filing and approval 
requirements adopted under Article 5.142 of this article except as 
provided by Subsection (b) of this section.
	(b)  An insurer affiliated with an eligible surplus lines 
insurer must add all surplus lines coverage written by the 
affiliate to the insurer's total writings to determine if the 
insurer's market share is five percent or more on a finding by the 
commissioner, after notice and opportunity for hearing, that the 
insurer is using the surplus lines affiliate to avoid rate 
regulation.  If the five percent threshold is exceeded, all the 
insurer's rates, including rates for surplus lines coverage, are 
subject to the filing and approval requirements adopted under 
Article 5.142 of this article.
	Sec. 9.  RATE STANDARDS.  (a)  Rates otherwise exempt from 
regulation under the provisions of this article may not be 
excessive, inadequate, unreasonable, or unfairly discriminatory 
for the risks to which they apply.
	(b)  In determining a rating territory, an insurer shall use 
methods based on sound actuarial principles.
	Sec. 10.  FILING FROM INSURER BOOKS AND RECORDS.  The 
commissioner may not require an insurer to file information that is 
not contained in the books and records kept by the insurer in the 
insurer's normal course of business.
PART B.  CONFORMING AMENDMENT
	SECTION 1.02.  Section 4C, Article 5.73, Insurance Code, is 
amended to read as follows:
	Sec. 4C.  Except as provided by Section 19, Article 5.142, of 
this code, an [An] insurer may not receive from an advisory 
organization prospective loss costs for personal automobile, 
homeowners', or dwelling fire insurance.
PART C.  TRANSITION
	SECTION 1.03.  An insurer that was not rate regulated before 
the effective date of Article 5.142, Insurance Code, as added by 
this article, may renew business in an affiliated company as 
necessary to comply with this article. Business renewed in an 
affiliated company is not considered nonrenewed business of the 
company from which the business is transferred.
	SECTION 1.04.  (a)  Articles 5.142 and 5.143, Insurance 
Code, as added by this article, expire September 1, 2004.
	(b)  The expiration of Articles 5.142 and 5.143, Insurance 
Code, as added by this article, does not affect an action or 
proceeding against an insurer subject to those laws for a failure to 
comply with those laws before their expiration, regardless of when 
the action or proceeding is commenced, and those laws are continued 
in effect for this purpose.
ARTICLE 2.  UNDERWRITING GUIDELINES AND REQUIREMENTS;
USE OF CREDIT SCORING
	SECTION 2.01.  Subchapter E, Chapter 21, Insurance Code, is 
amended by adding Article 21.49-2U to read as follows:
	Art. 21.49-2U.  USE OF CREDIT SCORING IN CERTAIN PERSONAL 
LINES OF INSURANCE
	Sec. 1. DEFINITIONS.  In this article:                                  
		(1)  "Adverse effect" means an action taken by an 
insurer in  connection with the underwriting of insurance for a 
consumer that results in the denial of coverage, the cancellation 
or nonrenewal of coverage, or the offer to and acceptance by a 
consumer of a policy form, premium rate, or deductible other than 
the policy form, premium rate, or deductible  for which the consumer 
specifically applied.
		(2)  "Agent" means a person licensed or required to be 
licensed as a general property and casualty insurance agent under 
Article 21.14 of this code.
		(3)  "Applicant for insurance coverage" means an 
individual who has applied to an insurer for coverage under a 
personal insurance policy.
		(4)  "Consumer" means an individual whose credit 
information is used or whose credit score is computed in the 
underwriting or rating of a personal insurance policy.  The term 
includes an applicant for insurance coverage.
		(5)  "Consumer reporting agency" means any person that, 
for monetary fees or dues or on a cooperative nonprofit basis, 
regularly engages in the practice of assembling or evaluating 
consumer credit information or other information on consumers for 
the purpose of furnishing consumer reports to third parties.
		(6)  "Credit information" means any credit-related 
information derived from a credit report, found on a credit report 
itself, or provided in an application for personal insurance.  The 
term does not include information that is not credit-related, 
regardless of whether that information is contained in a credit 
report or in an application for insurance coverage or is used to 
compute a credit score.
		(7)  "Credit report" means any written, oral, or other 
communication of information by a consumer reporting agency that:
			(A)  bears on a consumer's creditworthiness, 
credit standing, or credit capacity; and
			(B)  is used or expected to be used or collected in 
whole or in part to serve as a factor to determine personal 
insurance premiums, eligibility for coverage, or tier placement.
		(8)  "Credit score" or "insurance score" means a number 
or rating derived from an algorithm, computer application, model, 
or other process that is based on credit information and used to 
predict the future insurance loss exposure of a consumer.
		(9)  "Insured" means a consumer who has purchased an 
insurance policy from an insurer.
		(10)  "Insurer" means an insurer authorized to write 
property and casualty insurance in this state, including an 
insurance company, reciprocal or interinsurance exchange, mutual 
insurance company, capital stock company, county mutual insurance 
company, association, Lloyd's plan, or other entity writing 
personal insurance in this state.  The term includes an affiliate, 
as described by this code, if that affiliate is authorized to write 
personal insurance in this state.  The term does not include an 
eligible surplus lines insurer under this code.
		(11)  "Personal insurance" means:                                      
			(A)  a personal automobile insurance policy;                          
			(B)  a residential property insurance policy;                         
			(C)  a residential fire and allied lines insurance 
policy; or       
			(D)  a noncommercial insurance policy covering a 
boat, personal watercraft, snowmobile, or recreational vehicle.
	Sec. 2.  APPLICATION.  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)  An 
insurer may not:
		(1)  use a credit score that is computed using factors 
that constitute unfair discrimination, as that term is used under 
Article 21.21-6 of this code, as added by Chapter 415, Acts of the 
74th Legislature, Regular Session, 1995;
		(2)  deny, cancel, or nonrenew 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)  take 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)  An insurer may not consider 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)  An insurer may not use 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)  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, shall 
be considered by an insurer as only one inquiry.
	(c)  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, shall be considered by an insurer as only one inquiry.
	Sec. 5.  EFFECT OF EXTRAORDINARY EVENTS.  (a)  
Notwithstanding any other law, an insurer shall, on written request 
from an applicant for insurance coverage or an insured, 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, or by identity theft.  In such a case, the 
insurer may consider only credit information not affected by the 
event or shall assign a neutral credit score.
	(b)  An insurer may 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.  
An insurer is not required to consider repeated events or events the 
insurer reconsidered previously as an extraordinary event.
	(c)  An insurer may also consider granting an exception to an 
applicant for insurance coverage or an insured for an extraordinary 
event not listed in this section.
	(d)  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)  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, the insurer 
shall re-underwrite and re-rate the insured not later than the 30th 
day after the date of receipt of the notice.
	(b)  After re-underwriting or re-rating the insured, the 
insurer shall make any adjustments necessary within 30 days, 
consistent with the insurer's underwriting and rating guidelines.  
If an insurer determines that the insured has overpaid premium, the 
insurer shall credit the amount of overpayment.  The insurer shall 
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)  An insurer may use credit scoring to develop rates, rating 
classifications, or underwriting criteria regarding lines of 
insurance subject to this article except as prohibited by Article 
21.21-6 of this code, as added by Chapter 415, Acts of the 74th 
Legislature, Regular Session, 1995.
	(b)  An insurer that uses credit scoring in the underwriting 
or rating of insurance subject to this article shall 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.  The disclosure must be provided at the time of application 
by the insurer or agent and may be given in writing or 
electronically.
	(c)  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)  Use of the following sample disclosure statement 
constitutes compliance with this section:  "In connection with this 
application for insurance, we may review your credit report or 
obtain or use a credit score based on the information contained in 
that credit report.  We may use a third party in connection with the 
development of your credit score."
	Sec. 8.  NOTICE OF ACTION RESULTING IN ADVERSE EFFECT.  (a)  
If an insurer 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, the 
insurer shall provide to the applicant or insured within 30 days:
		(1)  written or electronic notice of the action 
resulting in an adverse effect and the reasons for that action;
		(2)  the name, address, and telephone number of the 
consumer reporting agency, including a toll-free number 
established by the agency and the consumer reporting agency's 
Internet website, if applicable;
		(3)  written or electronic notice that the consumer 
reporting agency did not make the decision to take the action 
resulting in an adverse effect and will be unable to provide the 
applicant or insured the specific reasons why the action was taken; 
and
		(4)  written or electronic notice of the applicant's or 
insured's right to:
			(A)  obtain a free copy of the consumer report 
from the consumer reporting agency during the 60-day period after 
the date of the notice; and
			(B)  dispute with the consumer reporting agency 
the accuracy or completeness of any information in the consumer 
report furnished by the agency.
	(b)  The insurer shall include a description of not more than 
four factors that were the primary influences of the action 
resulting in the adverse effect.
	(c)  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)  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.  (a)  An insurer 
that uses credit scores to underwrite and rate risks shall file 
within 90 days of the effective date of this article the insurer's 
scoring models or other credit scoring processes with the 
department.  Another entity may file credit scoring models on 
behalf of an insurer.  A filing that includes credit scoring may 
include loss experience justifying the use of credit information.
	(b)  A filing relating to credit information is a trade 
secret and is confidential for purposes of Chapter 552, Government 
Code.
	Sec. 10.  INDEMNIFICATION.  (a)  An insurer shall 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)  This section may not be construed to establish a cause 
of action that does not exist in the absence of this section.
	Sec. 11.  SALE OF POLICY TERM INFORMATION BY CONSUMER 
REPORTING AGENCY PROHIBITED.  (a)  A consumer reporting agency may 
not provide or sell 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)  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)  This section may not be construed to restrict the 
ability of an insurer to obtain a claims history report or a report 
regarding a motor vehicle.
	Sec. 12.  RULES.  The commissioner may adopt rules as 
necessary to implement this article.
	Sec. 13.  EFFECT OF VIOLATION.  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. 14.  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 79th Legislature 
on the information collected from the insurer filings required 
under this article and other information obtained by the department 
regarding the use of credit information by insurers.  The report 
must be submitted before January 1, 2005.
	(b)  The report required under this section must include:               
		(1)  a summary statement regarding the use of credit 
information, credit reports, and credit scores by insurers, 
presented in a manner that protects the identity of individual 
insurers and consumers;
		(2)  a description of insurer practices and the effect 
of different credit models, presented in a manner that protects the 
identity of individual insurers and consumers;
		(3)  the number of consumer complaints submitted to the 
department regarding the use of credit information;
		(4)  a description of favorable and unfavorable effects 
on consumers related to the use of credit scoring from information 
that may be provided by insurers, including the number of consumers 
receiving lower or higher premiums;
		(5)  any disproportionate impact on any class of 
individuals, including classes based on income, race, or ethnicity, 
resulting from the use of credit, to the extent that information is 
readily available;
		(6)  recommendations from the department to the 
legislature regarding the use of credit information by insurers; 
and
		(7)  any other information considered necessary by the 
commissioner. 
	(c)  This section expires March 1, 2005.                                
	Sec. 15.  DUTIES OF DEPARTMENT.  The department shall:                  
		(1)  update insurer profiles maintained on the 
department'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 14 of this 
article on the department's Internet website.
	SECTION 2.02.  Subchapter E, Chapter 21, Insurance Code, is 
amended by adding Article 21.49-2V to read as follows:
	Art. 21.49-2V.  REQUIREMENTS REGARDING UNDERWRITING 
GUIDELINES        
	Sec. 1.  DEFINITIONS.  In this article:                                 
		(1)  "Insurer" means an insurer authorized to write 
property and casualty insurance in this state, including an 
insurance company, reciprocal or interinsurance exchange, mutual 
insurance company, capital stock company, county mutual insurance 
company, association, and Lloyd's plan.  The term includes an 
affiliate, as described by this code, if that affiliate is 
authorized to write insurance subject to this article in this 
state.  The term does not include an agent licensed under Chapter 21 
of this code.
		(2)  "Underwriting guideline" means a rule, standard, 
marketing decision, or practice that is used by an insurer or an 
agent of an insurer to examine, bind, accept, reject, cancel, or 
limit insurance coverage to groups of consumers of insurance.
	Sec. 2.  APPLICATION.  This article applies only to an 
insurer that writes:
		(1)  a personal automobile insurance policy;                           
		(2)  a homeowners insurance policy;                                    
		(3)  a farm and ranch or farm and ranch owners insurance 
policy; or  
		(4)  a residential fire and allied lines insurance 
policy.           
	Sec. 3.  SUBMISSION OF GUIDELINES BY INSURER.  (a)  Each 
insurer must submit to the commissioner and the office of public 
insurance counsel, in the form prescribed by the department, the 
insurer's underwriting guidelines.  The information submitted 
under this subsection must be sufficient to permit the department 
to analyze the propriety of the use of the underwriting guidelines.
	(b)  Underwriting guidelines must be sound, actuarially 
justified, or otherwise substantially commensurate with the 
contemplated risk.  Underwriting guidelines may not be unfairly 
discriminatory.  The commissioner may, however, authorize an 
insurer to use underwriting guidelines that are applicable to 
certain groups if the underwriting guidelines are based on criteria 
that do not discriminate based on race, sex, religion, ethnicity, 
or national origin.
	(c)  The office of public insurance counsel may file with the 
commissioner any objections of that office to the use of an 
underwriting guideline submitted under Subsection (a) of this 
section.
	(d)  Except as provided by Section 4(b) of this article, any 
change by an insurer in an underwriting guideline submitted under 
Subsection (a) of this section must be filed with the department not 
later than the 10th day after the date on which the insurer begins 
to use the changed guideline.
	Sec. 4.  EXAMINATION BY COMMISSIONER.  (a)  The commissioner 
may approve, reject, or choose not to approve or reject an 
underwriting guideline filed under Section 3(d) of this article.  
If the commissioner does not reject or chooses not to approve or 
reject an underwriting guideline filed under Section 3(d) of this 
article, the insurer may use the filed underwriting guideline.
	(b)  An insurer that proposes a change in an underwriting 
guideline that will result in the re-underwriting and nonrenewal of 
more than 10 percent of the insurer's policyholders must file the 
proposed change with the department.  The insurer may use the filed 
underwriting guideline beginning on the 11th day after the date the 
insurer files the guideline if the commissioner does not reject the 
guideline on or before the 10th day after the date the insurer files 
the guideline.
	Sec. 5.  ISSUANCE AND RENEWAL CONDITION.  Except as 
otherwise provided by law, an insurer may require that membership 
dues in its sponsoring organization be paid as a condition for 
issuance or renewal of a policy.
	Sec. 6.  CONFIDENTIALITY.  (a)  An insurer that provides 
information to the commissioner or the office of public insurance 
counsel under Section 3 or 4 of this article may request the office 
of the attorney general to classify the information as proprietary 
information confidential under Section 552.110, Government Code.
	(b)  Unless the office of the attorney general makes a 
determination under Subsection (a) of this section that the 
information is confidential proprietary information, the 
information is public information.
	SECTION 2.03.  Section 38.002, Insurance Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  In this section, "insurer" includes a reciprocal or 
interinsurance exchange, a county mutual insurance company, and a 
Lloyd's plan.
	SECTION 2.04.  Articles 21.49-2U and 21.49-2V, Insurance 
Code, as added by this article, apply only to an insurance policy 
delivered, issued for delivery, or renewed on or after the 
effective date of this Act.  A policy delivered, issued for 
delivery, or renewed before that date is governed by the law as it 
existed immediately before the effective date of this Act, and that 
law is continued in effect for that purpose.
ARTICLE 3.  COMMERCIAL AUTOMOBILE INSURANCE
	SECTION 3.01.  Article 5.13, Insurance Code, is amended to 
read as follows:  
	Art. 5.13.  SCOPE OF SUBCHAPTER [SUB-CHAPTER].  (a)  This 
subchapter [Sub-chapter] applies to every insurance company, 
corporation, interinsurance exchange, mutual, reciprocal, 
association, Lloyd's plan, [Lloyds] 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 [Sub-chapter] shall [ever] 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 [Code].
	(b)  This subchapter [Sub-chapter] 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)  Except as otherwise provided by this subchapter, this 
subchapter [This Sub-chapter] does not apply to the writing of 
motor vehicle, life, health, accident, professional liability, 
reinsurance, aircraft, fraternal benefit, fire, lightning, 
tornado, windstorm, hail, smoke or smudge, cyclone, earthquake, 
volcanic eruption, rain, frost and freeze, weather or climatic 
conditions, excess or deficiency of moisture, flood, the rising of 
the waters of the ocean or its tributaries, bombardment, invasion, 
insurrection, riot, civil war or commotion, military or usurped 
power, any order of a civil authority made to prevent the spread of 
a conflagration, epidemic or catastrophe, vandalism or malicious 
mischief, strike or lockout, water or other fluid or substance, 
resulting from the breakage or leakage of sprinklers, pumps, or 
other apparatus erected for extinguishing fires, water pipes or 
other conduits or containers, or resulting from casual water 
entering through leaks or opening in buildings or by seepage 
through building walls, including insurance against accidental 
injury of such sprinklers, pumps, fire apparatus, conduits or 
container, workers' [workmen's] compensation, inland marine, ocean 
marine, marine, or title insurance; nor does this subchapter
[Sub-chapter] apply to the writing of explosion insurance, except 
insurance against loss from injury to person or property which 
results accidentally from steam boilers, heaters or pressure 
vessels, electrical devices, engines and all machinery and 
appliances used in connection therewith or operation thereby.
	(d)  This subchapter [Sub-chapter] shall not be construed as 
limiting in any manner the types or classes of insurance which may 
be written by the several types of insurers under appropriate 
statutes or their charters or permits.
	(e)  The regulatory power herein conferred is vested in the 
commissioner [Board of Insurance Commissioners of the State of 
Texas.  Within the Board, the Casualty Insurance Commissioner shall 
have primary supervision of regulation herein provided, subject 
however to the final authority of the entire Board].
	SECTION 3.02.  The heading to Article 5.13-2, Insurance 
Code, is amended to read as follows:
	Art. 5.13-2.  RATES FOR GENERAL LIABILITY, COMMERCIAL 
AUTOMOBILE, AND COMMERCIAL PROPERTY INSURANCE COVERAGE
	SECTION 3.03.  Sections 1 and 2, Article 5.13-2, Insurance 
Code, are amended to read as follows:
	Sec. 1.  PURPOSE.  This article governs the regulation of 
general liability, commercial automobile, commercial property, 
which shall include farm and ranch owners and farm and ranch 
policies, all commercial casualty, and medical professional 
liability insurance rates and forms.  It does not govern 
[automobile,] fidelity, surety, or guaranty bonds.  The purposes of 
this article are to:
		(1)  promote the public welfare by regulating insurance 
rates to prohibit excessive, inadequate, or unfairly 
discriminatory rates;
		(2)  promote availability of insurance;                                       
		(3)  promote price competition among insurers to 
provide rates and premiums that are responsive to competitive 
market conditions;
		(4)  prohibit price-fixing agreements and other 
anticompetitive behavior by insurers;
		(5)  regulate the insurance forms used for lines of 
insurance subject to this article to ensure that they are not 
unjust, unfair, inequitable, misleading, or deceptive; and
		(6)  provide regulatory procedures for the maintenance 
of appropriate information reporting systems.
	Sec. 2.  SCOPE.  This article applies to all lines of general 
liability, commercial automobile, commercial property, all 
commercial casualty, and medical professional liability insurance 
written under policies or contracts of insurance issued by a 
licensed insurer, other than a fidelity, surety, or guaranty bond 
or an automobile insurance policy.
	SECTION 3.04.  Section 3(2), Article 5.13-2, Insurance Code, 
is amended to read as follows:
		(2)  "Insurer" means an insurer to which Article 5.13 
of this code applies, but does not include the Texas Windstorm 
Insurance Association.  However, the provisions of Sections 4, 5, 
6, and 7 of this article shall not apply to Lloyd's plans or 
reciprocals with respect to commercial property insurance.  The 
provisions of Sections 4, 5, 6, and 7 of this article shall apply to 
county mutual insurance companies with respect to commercial 
automobile insurance.
	SECTION 3.05.  Article 5.13-2, Insurance Code, is amended by 
adding Section 11 to read as follows:
	Sec. 11.  APPLICATION TO CERTAIN INSURERS.  (a)  
Notwithstanding Article 5.13 of this code, any other provision of 
this article, or any other provision of this code, an insurer that 
becomes authorized to write personal automobile insurance or 
residential property insurance in this state on or after the 
effective date of S.B. 14, Acts of the 78th Legislature, Regular 
Session, 2003, including a reciprocal or interinsurance exchange, 
mutual insurance company, capital stock company, county mutual 
insurance company, and a Lloyd's plan, is subject to Sections 4, 5, 
6, and 7 of this article in relation to rates for personal 
automobile insurance or residential property insurance.
	(b)  This section expires September 1, 2004.                            
	SECTION 3.06.  This article expires September 1, 2004.                         
	SECTION 3.07.  Article 5.13-2, Insurance Code, is amended by 
adding Section 12 to read as follows:
	Sec. 12.  RESIDENTIAL PROPERTY INSURANCE.  (a)  
Notwithstanding any other provision of this article, Article 5.13 
of this code, or Subchapter Q of this chapter, rates for residential 
property insurance are determined under this article in accordance 
with this section.  This section applies to any insurer subject to 
Article 5.142 of this code.  This section applies only to rates for 
residential property insurance.
	(b)  Not later than the fifth day after the effective date of 
S.B. 14, Acts of the 78th Legislature, Regular Session, 2003, the 
commissioner shall adopt rating criteria for the review of initial 
rate filings made under this article.  The rating criteria must be 
those the commissioner shall use to determine if a filed rate 
complies with the rate standards described by this article.
	(c)  The rating criteria adopted under this section shall be 
posted on the Internet and distributed by bulletin.
	(d)  The commissioner may use the procedures for adopting an 
emergency rule under Chapter 2001, Government Code, to adopt rating 
criteria under this section and may modify those procedures as 
necessary to adopt rating criteria within the time established by 
Subsection (b) of this section.
	(e)  Not later than the 20th day after the rating criteria 
are published under Subsection (c) of this section, each insurer 
authorized to write residential property insurance in this state 
shall file with the commissioner the insurer's rates, supporting 
information, and supplementary rating information and any other 
information required by the commissioner by rule.  The insurer may 
reference a rate filed by the insurer in accordance with S.B. 310, 
Acts of the 78th Legislature, Regular Session, 2003, or otherwise 
previously filed, if that information is updated and supplemented 
as necessary to comply with this subsection.
	(f)  Except as otherwise provided by Subsections (g) and (h) 
of this section, the rate filed by an insurer under this section 
shall take effect on the 10th day after the date the commissioner 
receives the insurer's filing required under Subsection (e) of this 
section.
	(g)  An insurer may decrease a rate in accordance with this 
article or file a request with the commissioner to increase the 
insurer's rate that is in effect.  The commissioner may approve the 
rate increase if the commissioner finds that the rate in effect is 
inadequate or confiscatory.
	(h)  Not later than the 120th day after the date an insurer 
files its rates under this article, the department shall review the 
rate filing to ensure compliance with this article.  The 
commissioner by order may disapprove or further reduce an insurer's 
rate filed under Subsection (e) of this section if the commissioner 
finds that the insurer's rate is excessive.  An insurer is not 
entitled to a hearing prior to the issuance of an order by the 
commissioner under this subsection.
	(i)  After receiving notice of the commissioner's 
disapproval of the rate filed by the insurer, the insurer, not later 
than the 10th day after the date a disapproval order is issued under 
Subsection (h) of this section, may request a rate hearing to be 
conducted by the State Office of Administrative Hearings in 
accordance with Chapter 40 of this code.  To prevail in a hearing 
conducted under this subsection, an insurer must establish that a 
reduced rate would be inadequate or confiscatory.
	(j)  After completion of the rate hearing under Subsection 
(i) of this section, the administrative law judge shall 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;          
		(2)  additional review of the order by the 
commissioner, that the parties enter into negotiations, or that the 
commissioner take other appropriate action with respect to the 
order;
		(3)  adoption of a temporary rate pending further 
review; or         
		(4)  adoption of the rate filed by the insurer.                        
	(k)  An insurer may appeal a decision made under Subsection 
(j) of this section to the Travis County district court, or the 
insurer may request a binding arbitration to be conducted by 
arbitrators selected in the manner described by Subsection (l) of 
this section.
	(l)  Binding arbitration conducted under Subsection (k) of 
this section must be conducted by three arbitrators, one selected 
by the department, one selected by the insurer, and one agreed on by 
the arbitrators chosen by the department and the insurer.  The three 
arbitrators shall reach a decision by considering a rate proposed 
by the insurer and a rate proposed by the department.  The rate 
proposed by the department or by the insurer on which two of the 
three arbitrators agree shall be the insurer's effective rate.
	(m)  During the time a hearing or an appeal is pending under 
this section, an insurer may use its rate in effect or a rate 
approved by the commissioner. After a final determination is made 
under Subsection (i), (k), or (l) of this section, if the insurer is 
ordered to reduce its rate in effect to comply with the rating 
determination, the commissioner may order a refund to a 
policyholder as provided by Subsection (n) of this section.
	(n)  The commissioner's order under Subsection (m) of this 
section may require the insurer to reduce the insurer's rates to 
comply with the rate standards under this article and to make a 
refund to policyholders in an amount equal to the excess of premiums 
paid under the insurer's invalidated rates, plus interest as 
provided by this subsection.  The interest on the refund amount 
begins to accrue on the first day a policyholder pays an excess 
premium and ceases to accrue on the date the insurer issues the 
refund under this subsection.  The commissioner shall declare a 
rate found to be excessive under this section by 3.5 percent or less 
to be de minimus.  An insurer is not required to directly refund an 
overcharge of less than 3.5 percent to the policyholder if the 
insurer agrees to reduce future rates by the amount of the 
overcharge plus the prime rate of interest, as determined by the 
commissioner, plus one percent.
	(o)  An insurer has the burden of proof in any hearing or 
appeal under this section.
	(p)  An insurer requesting binding arbitration under 
Subsection (k) of this section shall pay the entire cost of the 
binding arbitration.
	(q)  This section expires September 1, 2004.                            
	SECTION 3.08.  The expiration of Section 12, Article 5.13-2, 
Insurance Code, as added by this article, does not affect a hearing 
or proceeding conducted under Section 12, Article 5.13-2, in 
connection with an action taken under that law before its 
expiration regardless of when the hearing or proceeding was 
commenced, and that law is continued in effect for this purpose.
	SECTION 3.09.  Article 5.13-2, Insurance Code, is amended by 
adding Section 13 to read as follows:
	Sec. 13.  STANDARD RATE INDEX FOR PERSONAL AUTOMOBILE 
INSURANCE; EXEMPTION.  (a)  Notwithstanding Article 5.142 of this 
code or any other provision of this article, this article governs 
rate regulation of personal automobile insurance issued by a county 
mutual insurance company as prescribed by this section.
	(b)  Using standard and generally accepted actuarial 
techniques, the commissioner shall annually compute and publish a 
statewide standard rate index that accurately reflects the average 
statewide rates for classifications for each of the following 
coverages for personal automobile insurance policies:
		(1)  bodily injury liability;                                          
		(2)  property damage liability;                                        
		(3)  personal injury protection;                                       
		(4)  medical payments;                                                 
		(5)  uninsured and underinsured motorists;                             
		(6)  physical damage--collision; and                                   
		(7)  physical damage--other than collision.                            
	(c)  The commissioner shall 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. 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.
	(d)  The commissioner may 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)  For purposes of this section, "nonstandard rates" means 
rates that are 130 percent or more than the standard rate index as 
determined by the commissioner under this section.
	(f)  A county mutual insurance company that issues personal 
automobile insurance polices at nonstandard rates is not subject to 
the filing requirements of this article or Article 5.142 of this 
code if the insurer and the insurer's affiliated companies or group 
have a market share of less than 3.5 percent.
	(g)  A county mutual insurance company described by 
Subsection (f) of this section that increases its aggregate rates 
by 10 percent or more in a 12-month period must file its rates in 
accordance with this article.
	(h)  The commissioner by rule may designate other types of 
insurers that historically and as of the effective date of S.B. 14, 
Acts of the 78th Legislature, Regular Session, 2003, have served or 
are serving the high-risk, nonstandard market. An insurer 
designated by the commissioner as having served or serving the 
nonstandard market is governed by this section.
	SECTION 3.10.  Article 5.13-2, Insurance Code, is amended by 
adding Section 14 to read as follows:
	Sec. 14.  REVIEW OF RATES.  In reviewing rates under this 
article, the commissioner shall 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.
	SECTION 3.11.  Article 5.13-2, Insurance Code, is amended by 
adding Section 15 to read as follows:
	Sec. 15.  NOTICE OF PREMIUM CHARGES.  (a)  An insurer shall 
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)  An insurer shall 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)  In addition to the mandatory notice under Subsection (a) 
of this section, the insurer may 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.
	(d)  The commissioner by rule may 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.
ARTICLE 4.  RATE REGULATION EFFECTIVE SEPTEMBER 1, 2004
	SECTION 4.01.  Article 5.13, Insurance Code, is amended to 
read as follows:  
	Art. 5.13.  SCOPE OF SUBCHAPTER [SUB-CHAPTER].  (a)  This 
subchapter [Sub-chapter] applies to every insurance company, 
corporation, interinsurance exchange, mutual, reciprocal, 
association, Lloyd's plan, [Lloyds] 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 [Sub-chapter] shall [ever] be construed to 
apply to any county or farm mutual insurance company or 
association, as regulated under Chapters 911 [16] and 912 [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 personal 
and commercial automobile insurance and residential and commercial 
property insurance [Code].
	(b)  This subchapter [Sub-chapter] 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)  Except as otherwise provided by this subchapter, this 
subchapter [This Sub-chapter] does not apply to the writing of 
motor vehicle, life, health, accident, professional liability, 
reinsurance, aircraft, fraternal benefit, fire, lightning, 
tornado, windstorm, hail, smoke or smudge, cyclone, earthquake, 
volcanic eruption, rain, frost and freeze, weather or climatic 
conditions, excess or deficiency of moisture, flood, the rising of 
the waters of the ocean or its tributaries, bombardment, invasion, 
insurrection, riot, civil war or commotion, military or usurped 
power, any order of a civil authority made to prevent the spread of 
a conflagration, epidemic or catastrophe, vandalism or malicious 
mischief, strike or lockout, water or other fluid or substance, 
resulting from the breakage or leakage of sprinklers, pumps, or 
other apparatus erected for extinguishing fires, water pipes or 
other conduits or containers, or resulting from casual water 
entering through leaks or opening in buildings or by seepage 
through building walls, including insurance against accidental 
injury of such sprinklers, pumps, fire apparatus, conduits or 
container, workers' [workmen's] compensation, noncommercial inland 
marine, ocean marine, marine, or title insurance; nor does this 
subchapter [Sub-chapter] apply to the writing of explosion 
insurance, except insurance against loss from injury to person or 
property which results accidentally from steam boilers, heaters or 
pressure vessels, electrical devices, engines and all machinery and 
appliances used in connection therewith or operation thereby.
	(d)  This subchapter [Sub-chapter] shall not be construed as 
limiting in any manner the types or classes of insurance which may 
be written by the several types of insurers under appropriate 
statutes or their charters or permits.
	(e)  The regulatory power herein conferred is vested in the 
commissioner [Board of Insurance Commissioners of the State of 
Texas.  Within the Board, the Casualty Insurance Commissioner shall 
have primary supervision of regulation herein provided, subject 
however to the final authority of the entire Board].
	SECTION 4.02.  The heading to Article 5.13-2, Insurance 
Code, is amended to read as follows:
	Art. 5.13-2.  RATES FOR GENERAL LIABILITY, PERSONAL AND 
COMMERCIAL AUTOMOBILE, COMMERCIAL INLAND MARINE, AND RESIDENTIAL 
AND COMMERCIAL PROPERTY INSURANCE COVERAGE
	SECTION 4.03.  Sections 1 and 2, Article 5.13-2, Insurance 
Code, are amended to read as follows:
	Sec. 1.  PURPOSE.  This article governs the regulation of 
general liability, personal and commercial automobile, commercial 
inland marine, residential and commercial property, which shall 
include farm and ranch owners and farm and ranch policies, all 
commercial casualty, and medical professional liability insurance 
rates and forms.  It does not govern [automobile,] fidelity, 
surety, or guaranty bonds.  The purposes of this article are to:
		(1)  promote the public welfare by regulating insurance 
rates to prohibit excessive, inadequate, or unfairly 
discriminatory rates;
		(2)  promote availability of insurance;                                       
		(3)  promote price competition among insurers to 
provide rates and premiums that are responsive to competitive 
market conditions;
		(4)  prohibit price-fixing agreements and other 
anticompetitive behavior by insurers;
		(5)  regulate the insurance forms used for lines of 
insurance subject to this article to ensure that they are not 
unjust, unfair, inequitable, misleading, or deceptive; and
		(6)  provide regulatory procedures for the maintenance 
of appropriate information reporting systems.
	Sec. 2.  SCOPE.  This article applies to all lines of general 
liability, personal and commercial automobile, commercial inland 
marine, residential and commercial property, all commercial 
casualty, and medical professional liability insurance written 
under policies or contracts of insurance issued by a licensed 
insurer, other than a fidelity, surety, or guaranty bond [or an 
automobile insurance policy].
	SECTION 4.04.  Section 3(2), Article 5.13-2, Insurance Code, 
is amended to read as follows:
		(2)  "Insurer" means an insurer to which Article 5.13 
of this code applies, but does not include the Texas Windstorm 
Insurance Association or the Texas FAIR Plan Association.  However, 
the provisions of Sections 4, 5, 6, and 7 of this article shall not 
apply to Lloyd's plans or reciprocals with respect to commercial 
property insurance.  The provisions of Sections 4, 5, 6, and 7 of 
this article shall apply to Lloyd's plans, reciprocal and 
interinsurance exchanges, and county mutual insurance companies 
with respect to personal and commercial automobile insurance and 
residential property insurance.
	SECTION 4.05.  Section 5(a), Article 5.13-2, Insurance Code, 
is amended to read as follows:
	(a)  Each insurer shall file with the commissioner all rates, 
supplementary rating information, and reasonable and pertinent 
supporting information for risks written in this state. For an 
insurer with less than five percent of the market, the commissioner 
shall consider insurer and market-specific attributes, as 
applicable, and shall 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.
	SECTION 4.06.  This article takes effect September 1, 2004.                    
ARTICLE 5.  POLICY FORMS AND ENDORSEMENTS
	SECTION 5.01.  Chapter 5, Insurance Code, is amended by 
adding Subchapter R to read as follows:
SUBCHAPTER R.  POLICY FORMS FOR CERTAIN LINES
	Art. 5.145.  POLICY FORMS FOR PERSONAL AUTOMOBILE INSURANCE 
COVERAGE AND RESIDENTIAL PROPERTY INSURANCE COVERAGE
	Sec. 1.  DEFINITIONS.  In this article:                                 
		(1)  "Insurer" means an insurance company, reciprocal 
or interinsurance exchange, mutual insurance company, capital 
stock company, county mutual insurance company, Lloyd's plan, or 
other legal entity authorized to write personal automobile 
insurance or residential property insurance in this state.  The 
term includes an affiliate, as described by this code, if that 
affiliate is authorized to write and is writing personal automobile 
insurance or residential property insurance in this state.  The 
term does not include:
			(A)  the Texas Windstorm Insurance Association 
under Article 21.49 of this code;
			(B)  the FAIR Plan Association under Article 
21.49A of this code; or
			(C)  the Texas Automobile Insurance Plan 
Association under Article 21.81 of this code.
		(2)  "Personal automobile insurance" means motor 
vehicle insurance coverage for the ownership, maintenance, or use 
of a private passenger, utility, or miscellaneous type motor 
vehicle, including a motor home, trailer, or recreational vehicle, 
that is:
			(A)  owned or leased by an individual or 
individuals; and           
			(B)  not primarily used for the delivery of goods, 
materials, or services, other than for use in farm or ranch 
operations.
		(3)  "Residential property insurance" means insurance 
coverage against loss to residential real property at a fixed 
location, or tangible personal property, that is provided in a 
homeowners policy, including a tenants policy, a condominium owners 
policy, or a residential fire and allied lines policy.
	Sec. 2.  REGULATION OF POLICY FORMS AND ENDORSEMENTS.  
Notwithstanding any other provision in this code, 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.
ARTICLE 6.  WITHDRAWAL REQUIREMENTS
	SECTION 6.01.  (a)  Effective June 1, 2003, Section 827.001, 
Insurance Code, is amended to read as follows:
	Sec. 827.001.  DEFINITIONS [DEFINITION].  In this chapter:
		(1)  "Affiliate" has the meaning described by Section 
823.003.       
		(2)  "Insurer" means an insurance company or other 
legal entity authorized to engage in the business of insurance in 
this state, including a reciprocal or interinsurance exchange, a 
Lloyd's plan, and a county mutual insurance company.  The term 
includes an affiliate.  The term does not include an eligible 
surplus lines insurer regulated under Chapter 981.
		(3)  "Rating [, "rating] territory" means a rating 
territory established by the department.
	(b)  Until June 1, 2003, Subsection (a), Article 21.49-2C, 
Insurance Code, is amended by adding Subdivisions (4) and (5) to 
read as follows:
		(4)  "Affiliate" has the meaning described by Section 
2, Article 21.49-1, of this code.  This subdivision expires June 1, 
2003.
		(5)  "Insurer" means an insurance company or other 
legal entity authorized to engage in the business of insurance in 
this state, including a reciprocal or interinsurance exchange, a 
Lloyd's plan, and a county mutual insurance company.  The term 
includes an affiliate.  The term does not include an eligible 
surplus lines insurer regulated under Article 1.14-2 of this code.  
This subdivision expires June 1, 2003.
	SECTION 6.02.  (a)  Effective June 1, 2003, Section 827.002, 
Insurance Code, is amended to read as follows:
	Sec. 827.002.  EXEMPTION.  This chapter does not apply to a 
transfer of business from an insurer to a company that:
		(1)  is under common ownership with the insurer; [and]       
		(2)  is authorized to engage in the business of 
insurance in this state; and
		(3)  is subject to, and has not been exempted from, rate 
regulation under Article 5.142 or on and after September 1, 2004, is 
subject to rate regulation under Article 5.13-2.
	(b)  Until June 1, 2003, Subsection (b), Article 21.49-2C, 
Insurance Code, is amended to read as follows:
	(b)  This article does not apply to the transfer of the 
business from an insurer to a company that is under common 
ownership, is admitted to do business in this state, and is subject 
to, and has not been exempted from, rate regulation under Article 
5.142 of this code.  This subsection expires June 1, 2003.
	SECTION 6.03.  (a)  Effective June 1, 2003, Section 827.003, 
Insurance Code, is amended to read as follows:
	Sec. 827.003.  WITHDRAWAL PLAN REQUIRED.  An [authorized] 
insurer shall file with the commissioner a plan for orderly 
withdrawal if the insurer proposes to:
		(1)  withdraw from writing a line of insurance in this 
state or reduce the insurer's total annual premium volume by 75 
percent or more; or
		(2)  reduce, in a rating territory, the insurer's total 
annual premium volume in a personal line of motor vehicle 
comprehensive or residential property insurance by 50 percent or 
more.
	(b)  Until June 1, 2003, Subsection (a)(1), Article 
21.49-2C, Insurance Code, is amended to read as follows:
		(1)  This subdivision expires June 1, 2003. An 
[authorized] insurer shall file with the commissioner a plan for 
orderly withdrawal if the insurer proposes to withdraw from writing 
a line of insurance in this state or to reduce its total annual 
premium volume by 75 percent or more or proposes, in a personal line 
of motor vehicle comprehensive or residential property insurance, 
to reduce its total annual premium volume in a rating territory by 
50 percent or more.  The insurer's plan shall be constructed to 
protect the interests of the people of this state and shall indicate 
the date it intends to begin and complete its withdrawal plan and 
must contain provisions for:
			(A)  meeting the insurer's contractual 
obligations;                        
			(B)  providing service to its Texas policyholders 
and claimants; and       
			(C)  meeting any applicable statutory 
obligations, such as the payment of assessments to the guaranty 
fund and participation in any assigned risk plans or joint 
underwriting arrangements.
	SECTION 6.04.  (a)  Effective June 1, 2003, Section 
827.010(d), Insurance Code, is amended to read as follows:
	(d)  To impose or renew a moratorium under this section, the 
commissioner must determine, after notice and hearing, that a 
catastrophic event has occurred and that as a result of that event a 
particular line of insurance is not reasonably expected to be 
available to a substantial number of policyholders or potential 
policyholders in this state or, in the case of [personal] lines of 
personal automobile [motor vehicle comprehensive] or residential 
property insurance, in a rating territory.
	(b)  Until June 1, 2003, Subsection (g), Article 21.49-2C, 
Insurance Code, is amended to read as follows:
	(g)  The commissioner may impose a moratorium of up to two 
years on the approval of plans for withdrawal or implementation of 
plans to restrict the writing of new business pursuant to 
Subsection (a)(2) of this section, including those such plans 
implemented subsequent to the commissioner's publishing of notice 
of intention to impose a moratorium regarding the catastrophic 
event related to such plans, and may renew the moratorium annually.  
To impose or renew a moratorium, the commissioner must find after 
notice and public hearing that a catastrophic event has occurred 
and that as a result of the event, the relevant line of insurance is 
not reasonably expected to be available to a substantial number of 
policyholders or potential policyholders in this state, or in the 
case of [personal] lines of personal automobile [motor vehicle 
comprehensive] or residential property insurance, in a rating 
territory.  Such notice and hearing shall be governed by provisions 
of Chapter 2001, Government Code, related to contested cases and by 
Chapter 40 of this code [of Subsection (b), Article 1.33B, 
Insurance Code].  The commissioner shall, by rule, establish 
reasonable criteria for applying the above set forth standards for 
determining whether to impose a moratorium.  The commissioner may 
limit a moratorium on withdrawal from or reduction in personal 
lines insurance to certain geographical areas of this state.
ARTICLE 7.  INSURANCE DISCRIMINATION
	SECTION 7.01.  Article 21.21-6, Insurance Code, as added by 
Chapter 415, Acts of the 74th Legislature, Regular Session, 1995, 
is amended by adding Section 6 to read as follows:
	Sec. 6.  CRIMINAL PENALTY.  (a)  In this section, "person" 
means a legal entity described in Section (2)(a), (b), (e), (f), or 
(j) of this article or its officers or directors.
	(b)  A person commits an offense if the person, with criminal 
negligence:
		(1)  offers insurance coverage at a premium based on a 
rate that is, because of race, color, religion, ethnicity, or 
national origin, different from another premium rate offered or 
used by the person for the same coverage and the same risk; or
		(2)  collects an insurance premium based on a rate that 
is, because of race, color, religion, ethnicity, or national 
origin, different from another premium rate offered or used by the 
person for the same coverage and the same risk.
	(c)  An offense under this section is a state jail felony.              
ARTICLE 8.  REVENUE BOND PROGRAM
PART A.  FAIR PLAN ASSOCIATION
	SECTION 8.01.  Subchapter E, Chapter 21, Insurance Code, is 
amended by adding Article 21.49A-1 to read as follows:
	Art. 21.49A-1.  REVENUE BOND PROGRAM FOR FAIR PLAN 
ASSOCIATION        
	Sec. 1.  PURPOSE.  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.  In this article:                                 
		(1)  "Association" means the FAIR Plan Association 
established under Article 21.49A of this code.
		(2)  "Public security resolution" means the resolution 
or order authorizing public securities to be issued under this 
article.
		(3)  "Bond" means any debt instrument or public 
security issued by the Texas Public Finance Authority.
		(4)  "Board" means the board of directors of the Texas 
Public Finance Authority.
		(5)  "Insurer" means any insurer required to 
participate in the association under Section 5, Article 21.49A, of 
this code, including a Lloyd's plan or a reciprocal or 
interinsurance exchange.
	Sec. 3.  PUBLIC SECURITIES AUTHORIZED; APPLICATION OF TEXAS 
PUBLIC FINANCE AUTHORITY ACT.  (a)  At the request of the 
association, the Texas Public Finance Authority shall 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)  To the extent not inconsistent with this article, 
Chapter 1232, Government Code, applies to public securities issued 
under this article.  In the event of a conflict, this article 
controls.
	Sec. 4.  APPLICABILITY OF OTHER STATUTES.  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.  The Texas Public Finance Authority may 
issue, on behalf of the association, public securities in a total 
amount not to exceed $75 million.
	Sec. 6.  CONDITIONS.  (a)  Public securities issued under 
this article may be issued at public or private sale.
	(b)  Public securities may mature not more than 10 years 
after the date issued.
	(c)  Public securities must be issued in the name of the 
association. 
	Sec. 7.  ADDITIONAL COVENANTS.  In a public security 
resolution, the board may make additional covenants with respect to 
the public securities and the designated income and receipts of the 
association pledged to their payment, and may provide for the flow 
of funds and the establishment, maintenance, and investment of 
funds and accounts with respect to the public securities.
	Sec. 8.  SPECIAL ACCOUNTS.  (a)  A public security resolution 
may establish special accounts, including an interest and sinking 
fund account, reserve account, and other accounts.
	(b)  The association shall administer the accounts in 
accordance with Article 21.49A of this code.
	Sec. 9.  SECURITY.  (a)  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)  Public securities are obligations solely of the 
association.  Public securities do not create a pledging, giving, 
or lending of the faith, credit, or taxing authority of this state.
	(c)  Each public security must 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)  Each public security issued under this article must 
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)  A service fee may be assessed 
against:   
		(1)  each insurer; and                                                 
		(2)  the association.                                                  
	(b)  The service fee shall be set by the commissioner in an 
amount sufficient to pay all debt service on the public securities.  
The service fee shall be paid by each insurer and the association as 
required by the commissioner by rule.
	(c)  The comptroller shall collect the service fee and the 
department shall reimburse the comptroller in the manner described 
by Article 4.19 of this code.
	(d)  The commissioner, in consultation with the comptroller, 
may coordinate payment and collection of the service fee with other 
payments made by insurers and collected by the comptroller.
	(e)  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.  The proportion assessed against the insurer shall 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.  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.  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.  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.  The association may include this pledge and 
agreement of the state in any agreement with the owners of the 
public securities.
	Sec. 14.  ENFORCEMENT BY MANDAMUS.  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 8.02.  Section 3(e), Article 21.49A, Insurance Code, 
is amended to read as follows:
	(e)  The plan of operation shall provide:                                      
		(1)  for establishment of a FAIR Plan Association for 
the issuing of residential property insurance pursuant to this Act 
and the distribution of the losses and the expenses in the writing 
of such insurance in this state;
		(2)  that all insurers licensed to write property 
insurance and writing residential property insurance shall 
participate in the writings, expenses, [profits,] and losses of the 
association, in the proportion that the net direct premiums, of 
each participating insurer, written in this state during the 
preceding calendar year, bear to the aggregate net direct premium 
written in this state by all participating insurers; such 
information shall be determined in accordance with the residential 
property statistical plan adopted by the commissioner;
		(3)  that a participating insurer is entitled to 
receive credit for similar insurance voluntarily written in a 
designated underserved area and its participation in the writings 
in the association shall be reduced in accordance with the 
provisions of the plan of operation;
		(4)  for the immediate binding of eligible risks; for 
the use of premium installment payment plans, adequate marketing, 
and service facilities; and for the establishment of reasonable 
service standards;
		(5)  procedures for efficient, economical, fair, and 
nondiscriminatory administration of the FAIR Plan Association;
		(6)  procedures for determining the net level of 
participation required for each insurer in the FAIR Plan 
Association;
		(7)  for the use of deductibles and other underwriting 
devices and for assessment of all members in amounts sufficient to 
operate the association; and establish maximum limits of liability 
to be placed through the program; and commissions to be paid to the 
licensed agents submitting applications;
		(8)  that the association issue policies in its own 
name;                   
		(9)  reasonable underwriting standards for determining 
insurability of the risk;
		(10)  procedures for the assumption and ceding of 
reinsurance by the association; and
		(11)  any other procedures or operational matters 
deemed necessary by the governing committee or the commissioner.
	SECTION 8.03.  Section 5(d), Article 21.49A, Insurance Code, 
is amended to read as follows:
	(d)  Each insurer must participate in the writings, 
expenses, [profits,] and losses of the association in the 
proportion that its net direct premiums written bear to the 
aggregate net direct premiums written by all insurers.
	SECTION 8.04.  Section 11, Article 21.49A, Insurance Code, 
is amended to read as follows:
	Sec. 11.  ASSESSMENTS AND PREMIUM SURCHARGES. Should a 
deficit occur in the association, the association, at the direction 
of the commissioner, shall 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. Each [and 
each] insurer may 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. The amount of the surcharge shall be calculated 
on the basis of a uniform percentage of the premium on such policies 
equal to one-third of the ratio of the amount of an insurer's 
assessment to the amount of its direct earned premiums as reported 
in its financial statement to the department for the calendar year 
immediately preceding the year in which the assessment is made, 
such that over the period of three years the aggregate of all such 
surcharges by an insurer shall be equal to the amount of the 
assessment of such insurer. The minimum surcharges on a policy may 
be $1; all surcharges may be rounded to the nearest dollar.
	SECTION 8.05.  Article 21.49A, Insurance Code, is amended by 
adding Section 15 to read as follows:
	Sec. 15.  RETENTION OF PROFITS. The association shall retain 
any profits of the association to be used for the purposes of the 
association. The profits of the association may not be distributed 
to insurers.
PART B.  TRANSITION
	SECTION 8.06.  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 9.  CONFORMING AMENDMENTS; REPEALER
	SECTION 9.01.  Article 5.01(f), Insurance Code, is amended 
to read as follows:
	(f)  Notwithstanding Subsections (a) through (d) of this 
article, on and after the effective date of S.B. 14, Acts of the 
78th Legislature, Regular Session, 2003 [March 1, 1992], rates for 
personal automobile insurance in this state are determined as 
provided by Subchapter Q of this chapter, and rates for commercial
motor vehicle insurance in this state are determined as provided by 
Article 5.13-2 [the flexible rating program adopted under 
Subchapter M] of this code [chapter].  On and after September 1, 
2004, rates for personal automobile insurance in this state are 
determined as provided by Article 5.13-2 of this code.
	SECTION 9.02.  Section 4, Article 5.01C, Insurance Code, is 
amended to read as follows:
	Sec. 4.  FORMS.  An insurer selling short-term liability 
insurance policies under this article must 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 9.03.  Article 5.01-2(b), Insurance Code, is amended 
to read as follows:
	(b)  On and after the effective date of S.B. 14, Acts of the 
78th Legislature, Regular Session, 2003 [March 1, 1992], rates for 
personal automobile [motor vehicle] insurance written by a Lloyd's 
plan insurer or a reciprocal or interinsurance exchange are 
determined as provided by [the flexible rating program adopted 
under] Subchapter Q [M] of this chapter.  This subsection expires 
June 1, 2003.
	SECTION 9.04.  Section 4, Article 5.01-4, Insurance Code, is 
amended to read as follows:
	Sec. 4.  APPLICABILITY OF CERTAIN LAWS.  (a)  In reporting 
incurred losses and earned premiums as required under this 
subchapter or [,] Subchapter Q [M] of this chapter, or on and after 
September 1, 2004, under Article 5.13-2 [or Chapter 17] of this 
code, an insurer shall separately report experience based on use of 
the mile-based rating plan and the time-based rating plan.
	(b)  The classifications used by an insurer for motor 
vehicles insured under the mile-based rating plan are exempt from 
the provisions of this subchapter other than this article, [and] 
Subchapter Q [M] of this chapter, and on and after September 1, 
2004, Article 5.13-2 of this code.
	SECTION 9.05.  Article 5.03(g), Insurance Code, is amended 
to read as follows:
	(g)  Notwithstanding Sections (a) through (e) of this 
article, on and after the effective date of S.B. 14, Acts of the 
78th Legislature, Regular Session, 2003 [March 1, 1992], rates for 
personal automobile insurance in this state are determined as 
provided by Subchapter Q of this chapter, and rates for commercial
motor vehicle insurance in this state [vehicles] are determined as 
provided by Article 5.13-2 [Subchapter M] of this code [chapter].  
On and after September 1, 2004, rates for personal automobile 
insurance in this state are determined as provided by Article 
5.13-2 of this code.
	SECTION 9.06.  Article 5.04(c), Insurance Code, is amended 
to read as follows:
	(c)  Notwithstanding Subsections (a) and (b) of this 
article, on and after the effective date of S.B. 14, Acts of the 
78th Legislature, Regular Session, 2003 [March 1, 1992], rates for 
personal automobile insurance in this state are determined as 
provided by Subchapter Q of this chapter, and rates for commercial
motor vehicle insurance in this state [vehicles] are determined as 
provided by Article 5.13-2 [Subchapter M] of this code [chapter].  
On and after September 1, 2004, rates for personal automobile 
insurance in this state are determined as provided by Article 
5.13-2 of this code.
	SECTION 9.07.  Article 5.06, Insurance Code, is amended by 
adding Subsection (12) to read as follows:
	(12)(a)  Notwithstanding Subsections (1)-(10) of this 
article, policy forms and endorsements for personal automobile 
insurance in this state are regulated under Article 5.13-2 of this 
code.
		(b)  An insurer may 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. 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 9.08.  Subsection (2), Article 5.06-1, Insurance 
Code, is amended to read as follows:
	(2)  For the purpose of these coverages:  (a)  the term 
"uninsured motor vehicle" shall, subject to the terms and 
conditions of such coverage, be deemed to include an insured motor 
vehicle where the liability insurer thereof is unable to make 
payment with respect to the legal liability of its insured within 
the limits specified therein because of insolvency.
		(b)  The term "underinsured motor vehicle" means an 
insured motor vehicle on which there is valid and collectible 
liability insurance coverage with limits of liability for the owner 
or operator which were originally lower than, or have been reduced 
by payment of claims arising from the same accident to, an amount 
less than the limit of liability stated in the underinsured 
coverage of the insured's policy.
		(c)  The commissioner [Board] may, in the policy forms 
adopted under Article 5.06 of this code, define "uninsured motor 
vehicle" to exclude certain motor vehicles whose operators are in 
fact uninsured.  The commissioner may in the policy forms filed 
under Article 5.145 of this code allow the term "uninsured motor 
vehicle" to be defined to exclude certain motor vehicles whose 
operators are in fact uninsured.
		(d)  The portion of a policy form adopted under Article 
5.06 of this code or filed under Article 5.145 of this code to 
provide coverage under this article shall include provisions that, 
regardless of the number of persons insured, policies or bonds 
applicable, vehicles involved, or claims made, the total aggregate 
limit of liability to any one person who sustains bodily injury or 
property damage as the result of any one occurrence shall not exceed 
the limit of liability for these coverages as stated in the policy 
and the total aggregate limit of liability to all claimants, if more 
than one, shall not exceed the total limit of liability per 
occurrence as stated in the policy; and shall provide for the 
exclusion of the recovery of damages for bodily injury or property 
damage or both resulting from the intentional acts of the insured.  
The portion of a policy form adopted under Article 5.06 of this code 
or filed under Article 5.145 of this code to provide coverage under 
this article shall require that in order for the insured to recover 
under the uninsured motorist coverages where the owner or operator 
of any motor vehicle which causes bodily injury or property damage 
to the insured is unknown, actual physical contact must have 
occurred between the motor vehicle owned or operated by such 
unknown person and the person or property of the insured.
	SECTION 9.09.  Article 5.06-6, Insurance Code, is amended to 
read as follows:
	Art. 5.06-6.  COVERAGES FOR SPOUSES AND FORMER SPOUSES.  A 
personal automobile policy or any similar policy form adopted or 
approved by the commissioner [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, shall contain a provision to continue coverage for the 
spouse during a period of separation in contemplation of divorce.
	SECTION 9.10.  Article 5.09(c), Insurance Code, is amended 
to read as follows:
	(c)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for personal 
automobile insurance in this state are determined as provided by 
Subchapter Q of this chapter, and rates for commercial motor 
vehicle insurance in this state [vehicles] are determined as 
provided by Article 5.13-2 [Subchapter M] of this code [chapter].  
On and after September 1, 2004, rates for personal automobile 
insurance in this state are determined as provided by Article 
5.13-2 of this code.
	SECTION 9.11.  Article 5.11(c), Insurance Code, is amended 
to read as follows:
	(c)  Notwithstanding Subsections (a) and (b) of this 
article, on and after the effective date of S.B. 14, Acts of the 
78th Legislature, Regular Session, 2003 [March 1, 1992], rates for 
personal automobile insurance in this state are determined as 
provided by Subchapter Q of this chapter, and rates for commercial
motor vehicle insurance in this state [vehicles] are determined as 
provided by Article 5.13-2 [Subchapter M] of this code [chapter].  
On and after September 1, 2004, rates for personal automobile 
insurance in this state are determined as provided by Article 
5.13-2 of this code.
	SECTION 9.12.  Article 5.25(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 1, 2004, rates for all 
lines of insurance subject to this subchapter are determined as 
provided by Article 5.13-2 of this code.  This subsection does not 
affect the requirement for the commissioner to conduct inspections 
of commercial property and prescribe a manual of rules and rating 
schedules for commercial property under this subchapter.
	SECTION 9.13.  Article 5.25A(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.14.  Article 5.25-2, Insurance Code, is amended to 
read as follows:
	Art. 5.25-2.  CITY FIRE LOSS LISTS                                             
	Sec. 1.  In this article,                                                      
		[(1)]  "list" means the list of fire and lightning 
losses in excess of $100 paid under policy forms adopted or approved 
by the commissioner [board] under Article 5.35 of this code or filed 
and in effect as provided by Article 5.145 of this code [subchapter] 
in a particular city or town prepared by the department [State Board 
of Insurance] for distribution to the city or town[;
		[(2)  "board" means the State Board of Insurance].           
	Sec. 2.  (a)  The department [board] shall compile for each 
city or town in Texas a list of the insured fire losses paid under 
policy forms adopted or approved by the commissioner [board] under 
Article 5.35 of this code or filed and in effect as provided by 
Article 5.145 of this code [subchapter] in that city or town for the 
preceding statistical year.
	(b)  The list shall include:                                                   
		(1)  the names of persons recovering losses under 
policy forms adopted or approved by the commissioner [board] under 
Article 5.35 of this code or filed and in effect as provided by 
Article 5.145 of this code [subchapter];
		(2)  the addresses or locations where the losses 
occurred; and       
		(3)  the amount paid by the insurance company on each 
loss.                 
	(c)  The department [board] shall obtain the information to 
make the lists from insurance company reports of individual losses 
during the statistical year.
	Sec. 3.  Upon the request of any city or town, or its duly 
authorized agent or fire marshall, the department [board] shall 
provide that city and town with a copy of the list for its 
particular area.
	Sec. 4.  Each city or town shall investigate its list to 
determine the losses actually occurring in its limits and shall 
make a report to the department, [board] which report shall 
include:
		(1)  a list of the losses that actually occurred in the 
limits of the city or town;
		(2)  a list of any losses not occurring in the limits of 
the city or town; and
		(3)  other evidence essential to establishing the 
losses in the city or town.
	Sec. 5.  The department [board] shall make such changes or 
corrections as to it shall seem appropriate in order to correct the 
list of insured fire and lightning losses paid under policy forms 
adopted or approved by the commissioner [board] under Article 5.35 
of this code or filed and in effect as provided by Article 5.145 of 
this code [subchapter] in a particular city or town and said list of 
losses, as changed or corrected, shall be used to determine the fire 
record credit or debit for each particular city or town for the next 
year.
	Sec. 6.  The commissioner [board] shall set and collect a 
charge for compiling and providing a list of fire and lightning 
losses paid under policy forms adopted or approved by the 
commissioner [board] under Article 5.35 of this code or filed and in 
effect as provided by Article 5.145 of this code [subchapter] in a 
particular city or town and as the commissioner [board] shall deem 
appropriate to administer the fire record system.
	Sec. 7.  The department [board] is authorized to require 
each and every city or town in the State of Texas and each and every 
insurance company or carrier of every type and character whatsoever 
doing business in the State of Texas to furnish to it a complete and 
accurate list of all fire and lightning losses occurring within the 
State of Texas and reflected in their records for the purpose of 
accumulating statistical information for the control and 
prevention of fires.
	Sec. 8.  The department [board] may, at its discretion, 
furnish such list only during such time as the fire record system 
remains in force and effect.
	SECTION 9.15.  Article 5.26(i), Insurance Code, is amended 
to read as follows:
	(i)  Notwithstanding Subsections (a)-(h) of this article, on 
and after the effective date of S.B. 14, Acts of the 78th 
Legislature, Regular Session, 2003 [March 1, 1992], rates for 
homeowners and residential fire and residential allied lines 
insurance coverage under this subchapter are determined as provided 
by Subchapter Q [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 September 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 9.16.  Article 5.28(d), Insurance Code, is amended 
to read as follows:
	(d)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.17.  Article 5.29(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.18.  Article 5.30(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.19.  Article 5.31(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.20.  Article 5.32(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.21.  Article 5.34(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.22.  Article 5.35, Insurance Code, is amended by 
adding Subsection (k) to read as follows:
	(k)(1)  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)  An insurer may 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. 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 9.23.  Article 5.35-1, Insurance Code, is amended to 
read as follows:
	Art. 5.35-1.  COVERAGES FOR SPOUSES AND FORMER SPOUSES.  A 
homeowner's policy or fire policy promulgated under Article 5.35 of 
this code or filed and in effect as provided by Article 5.145 of 
this code may not be delivered, issued for delivery, or renewed in 
this state unless the policy contains the following language: "It 
is understood and agreed that this policy, subject to all other 
terms and conditions contained in this policy, when covering 
residential community property, as defined by state law, shall 
remain in full force and effect as to the interest of each spouse 
covered, irrespective of divorce or change of ownership between the 
spouses unless excluded by endorsement attached to this policy 
until the expiration of the policy or until canceled in accordance 
with the terms and conditions of this policy."
	SECTION 9.24.  Article 5.36, Insurance Code, is amended to 
read as follows:  
	Art. 5.36.  WRITTEN EXPLANATION OF CERTAIN ENDORSEMENTS 
REQUIRED.  An insurer may not use an endorsement to a policy form to 
which Article 5.35 of this code or Article 5.145 of this code
applies that reduces the amount of coverage, unless requested by 
the insured, that would otherwise be provided under the policy 
unless the insurer provides the policyholder with a written 
explanation of the change made by the endorsement before the 
effective date of the change.
	SECTION 9.25.  Article 5.39(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined, and hearings related to those 
rates are conducted, as provided by Subchapter Q [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 September 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 9.26.  Article 5.40(d), Insurance Code, is amended 
to read as follows:
	(d)  Notwithstanding Subsections (a)-(c) of this article, on 
and after the effective date of S.B. 14, Acts of the 78th 
Legislature, Regular Session, 2003 [March 1, 1992], rates for 
homeowners and residential fire and residential allied lines 
insurance coverage under this subchapter are determined, and 
hearings related to those rates are conducted, as provided by 
Subchapter Q [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 September 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 9.27.  Article 5.41(b), Insurance Code, is amended 
to read as follows:
	(b)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. 14, Acts of the 78th Legislature, 
Regular Session, 2003 [March 1, 1992], rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q 
[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 September 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 9.28.  Article 5.53(g), Insurance Code, is amended 
to read as follows:
	(g)  The writing of inland marine insurance, rain insurance 
and insurance against loss by hail on farm crops, shall be governed 
by the provisions of Articles 5.25 to 5.48, inclusive, and also 
Article [Articles 5.50 to] 5.51[, inclusive,] of this subchapter 
and Article 5.67 of Subchapter D[.] of this chapter, in the same 
manner and to the same extent as fire insurance and fire insurance 
rates are now affected by the provisions of said articles, except 
that wherever in any of said articles reference is made to making, 
fixing, prescribing, determination or promulgation by the Board of 
rates or policy forms or endorsements, the provisions of this 
article shall control.  On and after September 1, 2004, rates for 
commercial inland marine insurance are determined as provided by 
Article 5.13-2 of this code.  Notwithstanding any other provision 
of this subchapter, rates for inland marine insurance, other than 
commercial inland marine insurance, are determined as provided by 
this article. [Notwithstanding any other provision of this 
subchapter, the flexible rating program created under Subchapter M 
of this chapter does not apply to this article.]
	SECTION 9.29.  Article 5.96(a-1), Insurance Code, is amended 
to read as follows:
	(a-1)  This [Except as provided by Section 5(d), Article 
5.101, of this code, this] article does not apply to the setting of 
[benchmark] rates for motor vehicle insurance and fire and allied 
lines insurance under Subchapter Q [M] of this chapter or, on and 
after September 1, 2004, rates for motor vehicle insurance and fire 
and allied lines insurance under Article 5.13-2 of this code.
	SECTION 9.30.  Section 8, Article 21.77, Insurance Code, is 
amended to read as follows:
	Sec. 8.  POLICY FORMS.  All policy forms for insurance 
written under this article shall be prescribed by the commissioner
[board] as provided in Article 5.06 of this code or filed and in 
effect as provided in Article 5.145 of this code[, Insurance Code].
	SECTION 9.31.  (a)  Effective June 1, 2003, Section 912.002, 
Insurance Code, is amended by amending Subsection (a) and adding 
Subsection (c) to read as follows:
	(a)  A county mutual insurance company is exempt from the 
operation of all insurance laws of this state[, including the 
flexible rating program under Article 5.101,] except laws that are 
made applicable by their specific terms or except as specifically 
provided by this chapter.
	(c)  Rate regulation for a personal automobile insurance 
policy written by a county mutual insurance company is subject to 
Subchapter Q, Chapter 5.  Rate regulation for a residential fire and 
allied lines insurance policy written by a county mutual insurance 
company is subject to Subchapter Q, Chapter 5.  On and after 
September 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.  A county mutual insurance company is subject to 
Subchapter O, Chapter 5.  The commissioner may adopt rules as 
necessary to implement this subsection.
	(b)  Until June 1, 2003, Article 17.22(b), Insurance Code, is 
amended to read as follows:
	(b)  Rate regulation for a personal automobile insurance 
policy written by a county mutual insurance company is subject to 
Subchapter Q, Chapter 5, of this code.  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.  The commissioner may adopt rules as 
necessary to implement this subsection.  This subsection expires 
June 1, 2003.  [The flexible rating program created under 
Subchapter M, Chapter 5, of this code does not apply to county 
mutual insurance companies.]
	SECTION 9.32.  Section 912.152, Insurance Code, is amended 
to read as follows:
	Sec. 912.152.  POLICY FORMS.  (a)  A county mutual insurance 
company is subject to Articles 5.06, [and] 5.35, and 5.145.
	(b)  County [The commissioner, in accordance with Article 
5.35, may adopt for use by county] mutual insurance companies shall 
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 [uniform policy forms that differ from the forms adopted 
for use by other companies and shall prescribe the conditions under 
which a county mutual insurance company:
		[(1)  may use the policy forms adopted under this 
subsection; or
		[(2)  shall use the policy forms adopted for other 
companies].
	SECTION 9.33.  (a)  Effective June 1, 2003, Section 
941.003(b), Insurance Code, is amended to read as follows:
	(b)  A Lloyd's plan is subject to:                                             
		(1)  Section 5, Article 1.10;                                                 
		(2)  Article 1.15A;                                                           
		(3)  Subchapters [Subchapter] A, O, Q, and R, Chapter 
5;
		(4)  Articles 5.35, 5.38, 5.39, 5.40, and 5.49;                               
		(5)  Articles 21.21 and 21.49-8; [and]                       
		(6)  Sections 822.203, 822.205, 822.210, and 822.212; 
and            
		(7)  Article 5.13-2, as provided by that article.                      
	(b)  Until June 1, 2003, Article 18.23, Insurance Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  Rate regulation for a personal automobile insurance 
policy written by a Lloyd's plan is subject to Subchapter Q, Chapter 
5, of this code.  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.  The commissioner 
may adopt rules as necessary to implement this subsection.  A 
Lloyd's plan is subject to Subchapter O, Chapter 5, of this code.  
This subsection expires June 1, 2003.
	SECTION 9.34.  (a)  Effective June 1, 2003, Section 
942.003(b), Insurance Code, is amended to read as follows:
	(b)  An exchange is subject to:                                                
		(1)  Section 5, Article 1.10;                                                 
		(2)  Articles 1.15, 1.15A, and 1.16;                                          
		(3)  Subchapters [Subchapter] A, O, Q, and R, Chapter 
5;
		(4)  Articles 5.35, 5.37, 5.38, 5.39, and 5.40;                               
		(5)  Articles 21.21 and 21.49-8; [and]                       
		(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)  Until June 1, 2003, Article 19.12, Insurance Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  Rate regulation for a personal automobile insurance 
policy written by a reciprocal or interinsurance exchange is 
subject to Subchapter Q, Chapter 5, of this code.  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.  The commissioner 
may adopt rules as necessary to implement this subsection.  A 
reciprocal or interinsurance exchange is subject to Subchapter O, 
Chapter 5, of this code.  This subsection expires June 1, 2003.
	SECTION 9.35.  Section 502.153(d), Transportation Code, is 
amended to read as follows:
	(d)  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 9.36.  Section 521.143(c), Transportation Code, is 
amended to read as follows:
	(c)  A personal automobile insurance policy used as evidence 
of financial responsibility under this section must comply with 
Article 5.06 or 5.145, Insurance Code.
	SECTION 9.37.  The following laws are repealed:                                
		(1)  Articles 5.03-2, 5.03-3, 5.03-4, and 5.03-5, 
Insurance Code;           
		(2)  Articles 5.26(h), 5.33A, 5.33C, 5.50, 5.101, and 
40.061, Insurance Code;
		(3)  Section 6, Article 17.25, Insurance Code;                                
		(4)  Section 4C, Article 5.73, Insurance Code;                                
		(5)  as effective June 1, 2003, Section 912.201, 
Insurance Code;            
		(6)  as effective June 1, 2003, Sections 941.003(c) and 
942.003(c), Insurance Code; and
		(7)  Article 5.33B, Insurance Code, as added by Chapter 
337, Acts of the 74th Legislature, Regular Session, 1995.
ARTICLE 10.  GENERAL TRANSITION; EFFECTIVE DATE
	SECTION 10.01.  This Act applies only to an insurance policy 
that is delivered, issued for delivery, or renewed on or after the 
120th day after the effective date of this Act.  A policy delivered, 
issued for delivery, or renewed before the 120th day after the 
effective date of this Act is governed by the law as it existed 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.
	SECTION 10.02.  (a)  Except as provided by this section, 
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.
	(b)  Provisions of this Act that specify an effective date 
take effect on the date specified in those provisions.
	(c)  Section 5(j), Article 5.142, Insurance Code, as added by 
this Act, takes effect on the first anniversary of the effective 
date specified in Subsection (a) of this section and expires on 
September 1, 2004, in accordance with Article 1 of this Act.