79R6739 KCR-D

By:  Rose                                                       H.J.R. No. 91 



A JOINT RESOLUTION

proposing a constitutional amendment relating to the affordability 
and adequacy of rates for certain lines of personal insurance in 
this state.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article XVI, Texas Constitution, is amended by 
adding Section 73 to read as follows:
	Sec. 73.  (a)  Consumers in this state are entitled to 
residential property insurance coverage and personal automobile 
insurance coverage that are affordable and that protect consumers 
against unforeseen losses.  Consumers are further entitled to 
exercise their coverage options under residential property 
insurance policies and personal automobile insurance policies 
without being penalized by insurers for exercising those options.
	(b)  Insurers that write residential property insurance and 
personal automobile insurance in this state are entitled to a 
reasonable, fair, and adequate profit margin on residential 
property insurance policies and personal automobile insurance 
policies written in this state and to protection from being forced 
to charge rates that are confiscatory.  Insurers that write 
residential property insurance and personal automobile insurance 
in this state, however, may not use rates for residential property 
insurance or personal automobile insurance that are excessive, 
inadequate, unreasonable, or unfairly discriminatory for the risks 
to which the rates apply.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment to ensure affordable, 
adequate insurance rates for residential property insurance and 
personal automobile insurance coverage in this state."