81R5641 KCR-F
 
  By: Vaught H.B. No. 1609
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring the prior approval of residential property
  rates used by certain insurers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2251.151, Insurance Code, is amended by
  adding Subsection (a-2) and amending Subsection (c) to read as
  follows:
         (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's complaint index, as computed by the department
  under Section 521.052, is 50 percent or more above the average
  insurer complaint index.
         (c)  The commissioner:
               (1)  may require an insurer to file the insurer's rates
  under this section until the commissioner determines that the
  conditions described by Subsection (a) no longer exist; and
               (2)  shall require an insurer to file the insurer's
  rates under this section until the commissioner determines that the
  condition described by Subsection (a-2) no longer exists.
         SECTION 2.  The change in law made by this Act applies only
  to a residential property insurance policy that is delivered,
  issued for delivery, or renewed on or after January 1, 2010. A
  residential property insurance policy that is delivered, issued for
  delivery, or renewed before January 1, 2010, is covered by the law
  in effect at the time the residential property insurance policy was
  delivered, issued for delivery, or renewed, and that law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.