Amend HB 2678 by inserting the following appropriately 
numbered SECTION and renumbering SECTIONS of the bill 
appropriately:
	SECTION __.  Article 5.15-1, Insurance Code, is amended by 
adding Section 13 to read as follows:
	Sec. 13.  USE IN UNDERWRITING OF CERTAIN INFORMATION RELATED 
TO LAWSUITS; REFUND.  (a)  Notwithstanding any other provision of 
this code, an insurer may not consider for the purpose of setting 
premiums for a particular physician's or health care provider's 
professional liability insurance a lawsuit filed against the 
physician or provider if:
		(1)  the lawsuit was dismissed by the claimant or 
nonsuited; and     
		(2)  no payment was made to the claimant under a 
settlement agreement.
	(b)  An insurer that, in setting premiums for a physician's 
or health care provider's professional liability insurance, 
considers a lawsuit filed against the physician or provider shall 
refund to the physician or provider any increase in premiums paid by 
the physician or provider that is attributable to that lawsuit if 
the lawsuit is dismissed by the claimant or nonsuited without 
payment to the claimant under a settlement agreement.  The insurer 
shall issue the refund on or before the 30th day after the date the 
insurer receives written evidence that the lawsuit was dismissed or 
nonsuited without payment to the claimant under a settlement 
agreement.
	(c)  This section does not prohibit an insurer from 
considering and using aggregate historical loss and expense 
experience applicable generally to a classification of physicians' 
or health care providers' professional liability insurance to set 
rates for that classification to the extent authorized by Article 
5.13-2 of this code.  Notwithstanding Section 4(c), Article 5.13-2, 
of this code, an insurer may not assign a physician or health care 
provider to a particular classification based on a factor described 
by Subsection (a) of this section.