By: Smith of Tarrant H.B. No. 2551

A BILL TO BE ENTITLED

AN ACT

relating to refund of excessive or unfairly discriminatory premium, providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2254.003, Insurance Code, is amended to read as follows:

(a) This section applies to a rate filed on or after the effective date of Chapter 206, Acts of the 78th Legislature, Regular Session, 2003.

(b) Except as provided by Section 2254.004(c), if the commissioner determines that an insurer has charged a rate for personal automobile insurance or residential property insurance that is excessive or unfairly discriminatory, as described by Section 2251.051, the commissioner may:

(1) order the insurer to refund directly to each affected policyholder the portion of the premium, plus interest on that amount, that is excessive or unfairly discriminatory, if that portion of the premium is at least 7.5 percent of the total premium charged for the coverage; or

(2) if that portion of the premium is less than 7.5 percent of the total premium, order the insurer to provide, to each affected policyholder:

(A) who renews the policy, a future premium discount equal to the amount of the excessive or unfairly discriminatory portion of the premium, plus interest on that amount; and

(B) who does not renew or whose coverage is otherwise terminated, a refund in the amount described by Subdivision (1).

(c) The rate for interest assessed under Subsection (b) of this section is the lesser of 18 percent or the sum of six percent and the prime rate for the calendar year in which the commissioner's order finding that the rate is excessive or unfairly discriminatory is issued. For purposes of this subsection, the prime rate is the prime rate as published in The Wall Street Journal for the first day of the calendar year that is not a Saturday, Sunday, or legal holiday. The period for the refund and interest begins on the date the department first provides the insurer with formal written notice that the insurer's filed rate is excessive or unfairly discriminatory, and interest continues to accrue until the refund is paid. An insurer may not be required to pay any interest penalty if the insurer prevails in an appeal of the commissioner's order under Subchapter D, Chapter 36, of this code.

(d) An insurer may not claim a premium tax credit to which the insurer is otherwise entitled unless the insurer complies with Subsection (b) of this section.

SECTION 2. Section 1 Chapter 291, Acts of the 79th Legislature, 2005 [[S.B. No. 14]], is hereby repealed.

SECTION 3. Section 16.01, Chapter 899, Acts of the 79th Legislature, 2005 [[S.B. No. 1863]], is hereby repealed.

SECTION 4. The amendments to Section 2254.003, Insurance Code, in SECTION 1, are made to conform Section 2254.003, Insurance Code, with the amendments enacted in Section 1 Chapter 291, Acts of the 79th Legislature, 2005 [[S.B. No. 14]].

SECTION 5. This Act applies to an insurance policy that is delivered, issued for delivery, or renewed on or after the effective date of this Act and to rates for such a policy. An insurance policy delivered, issued for delivery, or renewed prior to the effective date of this Act and the rates for such a policy are 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 6. 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, 2007.