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 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 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.