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Amend HB 3358 as follows:
(1) On page 1, strike line 6 and substitute "adding
Subsections (a-1) and (a-2) and amending Subsection (c) to read as
follows:
(2) On page 1, between lines 16 and 17, insert the
following:
(a-2) The commissioner by order shall require an insurer to
file with the department for the commissioner's approval all rates,
supplementary rating information, and any supporting information
in accordance with this subchapter if the commissioner determines
that the insurer is not in compliance with Section 525.002.
(c) The commissioner may require an insurer to file the
insurer's rates under this section until the commissioner
determines that the conditions described by Subsection (a) or
(a-2), as applicable, no longer exist.
(3) Insert the following appropriately numbered SECTION and
renumber SECTIONS of the bill accordingly:
SECTION ____. Subtitle B, Title 5, Insurance Code, is
amended by adding Chapter 525 to read as follows:
CHAPTER 525. NOTICE CONCERNING ENTITLEMENT TO CERTAIN REPORTS
Sec. 525.001. APPLICABILITY. This chapter applies to an
insurer that is subject to Subchapter A, B, C, D, or E, Chapter
2251, including a Lloyd's plan, reciprocal or interinsurance
exchange, or county mutual insurance company.
Sec. 525.002. CLAIMS HISTORY REPORTS. At least twice
annually, an insurer that writes residential property insurance or
personal automobile insurance in this state shall notify in writing
each holder of a residential property insurance policy or personal
automobile insurance policy issued by the insurer in this state of:
(1) the policyholder's right under the Fair Credit
Reporting Act (15 U.S.C. Section 1681, et seq.) to request and
receive free consumer reports concerning the policyholder,
including insurance claims history reports compiled by a national
or regional clearinghouse or other organization; and
(2) the manner in which the policyholder may request
those reports.