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By:  Taylor (Senate Sponsor - Averitt)                            H.B. No. 2760
	(In the Senate - Received from the House April 25, 2005; 
April 26, 2005, read first time and referred to Committee on 
Business and Commerce; May 17, 2005, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas  6, 
Nays 0; May 17, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2760                                   By:  Averitt

A BILL TO BE ENTITLED
AN ACT
relating to regulation of rates for personal automobile and fire and allied lines insurance policies issued by a county mutual insurance company. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 912.002, Insurance Code, is amended by amending Subsection (c) and adding Subsections (c-1) and (c-2) to read as follows: (c) Rate regulation for a residential fire and allied lines insurance policy written by a county mutual insurance company is subject to Subchapter [Subchapters Q and] U, Chapter 5. On and after December 1, 2004, rate regulation for a personal automobile insurance policy and a residential fire and allied lines insurance policy written by a county mutual insurance company, including a policy written through one of multiple insurance programs marketed or offered to consumers by managing general agents appointed by the same county mutual insurance company, is subject to Article 5.13-2. For the purposes of this subsection, rates for a program marketed or offered to consumers for personal automobile insurance by a managing general agent appointed by a county mutual insurance company shall be considered independently of the other rates for personal automobile insurance of that county mutual insurance company if the county mutual insurance company: (1) has historically written business through managing general agents; (2) was writing business through managing general agents as of December 1, 2004; and (3) is issuing or writing personal automobile insurance policies only at nonstandard rates, as that term is defined by Section 13(e), Article 5.13-2, as determined after any policy fees are applied to the rates, or renewing policies at rates that are at least 105 percent of the applicable standard rate index adopted under Section 13(c) or (d), Article 5.13-2, as determined after any policy fees are applied to the rates [A county mutual insurance company is subject to Subchapter U, Chapter 5]. (c-1) An independent program of a county mutual insurance company described by Subsection (c) is subject to the rate standards of Article 5.13-2. (c-2) The commissioner may adopt rules as necessary to implement Subsections (c) and (c-1) [this subsection]. SECTION 2. Section 13(e), Article 5.13-2, Insurance Code, is amended to read as follows: (e) For purposes of this section, "nonstandard rates" means rates that are 20 [30] percent or more above the standard rate index as determined by the commissioner under this section. The commissioner, on written request, may permit a county mutual insurance company that issues policies that are 10 percent or more above the standard rate index to be eligible for the exemption described by Subsection (f) of this section. A county mutual insurance company that renews policies using rates that are at least 105 percent of the applicable standard rate index is eligible for the exemption described by Subsection (f) of this section. SECTION 3. (a) The commissioner of insurance shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the members of the 80th Legislature on the market insured by county mutual insurers. The report may also include information on the market served by other types of insurers that issue personal automobile insurance policies only at nonstandard rates as defined by Section 13, Article 5.13-2, Insurance Code. The report must be submitted before September 1, 2006. (b) The report required by this section must include: (1) the types and terms of policies issued; (2) a description of the geographic spread of business throughout the state; (3) the scope of coverage provided; (4) a description of the insureds serviced by the insurers and the relative level of risk posed by the insureds; (5) recommendations from the Texas Department of Insurance to the legislature regarding the application of Section 13, Article 5.13-2, Insurance Code, to county mutual insurers and other types of insurers; and (6) any other information considered necessary by the commissioner of insurance. (c) Insurers shall provide sufficient information as determined by the commissioner of insurance to allow the Texas Department of Insurance to prepare the report required by this section. (d) This section expires March 1, 2007. SECTION 4. The change in law made by this Act applies only to an insurance policy delivered, issued for delivery, or renewed on or after January 1, 2006. A policy delivered, issued for delivery, or renewed before that date is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 5. This Act takes effect September 1, 2005.
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