By: Smithee H.B. No. 3358
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prior approval of property and casualty insurance rates
  under certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2251.151, Insurance Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  If an insurer files a petition under Subchapter D,
  Chapter 36, for judicial review of an order disapproving a rate
  under this chapter, the insurer must use the rates in effect for the
  insurer at the time the petition is filed and may not file and use
  any higher rate for the same line of insurance subject to this
  chapter before the matter subject to judicial review is finally
  resolved unless the insurer, in accordance with this subchapter,
  files the new rate with the department, along with any applicable
  supplementary rating information and supporting information, and
  obtains the commissioner's approval of the rate.
         SECTION 2.  The change in law made by this Act applies only
  to an insurer that files a petition for judicial review under
  Subchapter D, Chapter 36, Insurance Code, on or after the effective
  date of this Act. An insurer that files a petition for judicial
  review before the effective date of this Act 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 3.  This Act takes effect September 1, 2007.