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AN ACT
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relating to the continuation and operation of the Texas Department |
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of Insurance and the operation of certain insurance programs; |
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imposing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.001. Section 31.002, Insurance Code, is amended |
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to read as follows: |
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Sec. 31.002. DUTIES OF DEPARTMENT. In addition to the other |
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duties required of the Texas Department of Insurance, the |
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department shall: |
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(1) regulate the business of insurance in this state; |
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(2) administer the workers' compensation system of |
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this state as provided by Title 5, Labor Code; [and] |
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(3) ensure that this code and other laws regarding |
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insurance and insurance companies are executed; |
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(4) protect and ensure the fair treatment of |
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consumers; and |
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(5) ensure fair competition in the insurance industry |
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in order to foster a competitive market. |
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SECTION 1.002. Section 31.004(a), Insurance Code, is |
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amended to read as follows: |
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(a) The Texas Department of Insurance is subject to Chapter |
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325, Government Code (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the department is abolished |
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September 1, 2023 [2011]. |
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SECTION 1.003. Subchapter B, Chapter 36, Insurance Code, is |
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amended by adding Section 36.110 to read as follows: |
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Sec. 36.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE |
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RESOLUTION POLICY. (a) The commissioner shall develop and |
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implement a policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of department rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the department's |
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jurisdiction. |
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(b) The department's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The commissioner shall: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) provide training as needed to implement the |
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procedures for negotiated rulemaking or alternative dispute |
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resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures. |
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ARTICLE 2. CERTAIN ADVISORY BOARDS, COMMITTEES, AND COUNCILS AND |
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RELATED TECHNICAL CORRECTIONS |
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SECTION 2.001. Chapter 32, Insurance Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. RULES REGARDING USE OF ADVISORY COMMITTEES |
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Sec. 32.151. RULEMAKING AUTHORITY. (a) The commissioner |
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shall adopt rules, in compliance with Section 39.003 of this code |
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and Chapter 2110, Government Code, regarding the purpose, |
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structure, and use of advisory committees by the commissioner, the |
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state fire marshal, or department staff, including rules governing |
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an advisory committee's: |
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(1) purpose, role, responsibility, and goals; |
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(2) size and quorum requirements; |
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(3) qualifications for membership, including |
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experience requirements and geographic representation; |
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(4) appointment procedures; |
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(5) terms of service; |
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(6) training requirements; and |
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(7) duration. |
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(b) An advisory committee must be structured and used to |
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advise the commissioner, the state fire marshal, or department |
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staff. An advisory committee may not be responsible for rulemaking |
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or policymaking. |
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Sec. 32.152. PERIODIC EVALUATION. The commissioner shall |
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by rule establish a process by which the department shall |
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periodically evaluate an advisory committee to ensure its continued |
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necessity. The department may retain or develop committees as |
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appropriate to meet changing needs. |
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Sec. 32.153. COMPLIANCE WITH OPEN MEETINGS ACT. A |
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department advisory committee must comply with Chapter 551, |
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Government Code. |
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SECTION 2.002. Section 843.441, Insurance Code, is |
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transferred to Subchapter L, Chapter 843, Insurance Code, |
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redesignated as Section 843.410, Insurance Code, and amended to |
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read as follows: |
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Sec. 843.410 [843.441]. ASSESSMENTS. (a) To provide |
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funds for the administrative expenses of the commissioner regarding |
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rehabilitation, liquidation, supervision, conservatorship, or |
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seizure [conservation] of a [an impaired] health maintenance |
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organization in this state that is placed under supervision or in |
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conservatorship under Chapter 441 or against which a delinquency |
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proceeding is commenced under Chapter 443 and that is found by the |
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commissioner to have insufficient funds to pay the total amount of |
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health care claims and the administrative[, including] expenses |
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incurred by the commissioner regarding the rehabilitation, |
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liquidation, supervision, conservatorship, or seizure, the |
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commissioner [acting as receiver or by a special deputy receiver,
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the committee, at the commissioner's direction,] shall assess each |
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health maintenance organization in the proportion that the gross |
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premiums of the health maintenance organization that were written |
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in this state during the preceding calendar year bear to the |
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aggregate gross premiums that were written in this state by all |
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health maintenance organizations, as found [provided to the
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committee by the commissioner] after review of annual statements |
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and other reports the commissioner considers necessary. |
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(b) [(c)] The commissioner may abate or defer an assessment |
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in whole or in part if, in the opinion of the commissioner, payment |
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of the assessment would endanger the ability of a health |
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maintenance organization to fulfill its contractual obligations. |
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If an assessment is abated or deferred in whole or in part, the |
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amount of the abatement or deferral may be assessed against the |
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remaining health maintenance organizations in a manner consistent |
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with the calculations made by the commissioner under Subsection (a) |
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[basis for assessments provided by the approved plan of operation]. |
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(c) [(d)] The total of all assessments on a health |
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maintenance organization may not exceed one-fourth of one percent |
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of the health maintenance organization's gross premiums in any one |
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calendar year. |
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(d) [(e)] Notwithstanding any other provision of this |
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subchapter, funds derived from an assessment made under this |
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section may not be used for more than 180 consecutive days for the |
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expenses of administering the affairs of a [an impaired] health |
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maintenance organization the surplus of which is impaired and that |
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is [while] in supervision[, rehabilitation,] or conservatorship |
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[conservation for more than 150 days]. The commissioner |
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[committee] may extend the period during which the commissioner |
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[it] makes assessments for the administrative expenses [of an
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impaired health maintenance organization as it considers
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appropriate]. |
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SECTION 2.003. Section 1660.004, Insurance Code, is amended |
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to read as follows: |
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Sec. 1660.004. GENERAL RULEMAKING. The commissioner may |
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adopt rules as necessary to implement this chapter[, including
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rules requiring the implementation and provision of the technology
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recommended by the advisory committee]. |
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SECTION 2.004. Section 1660.102(b), Insurance Code, is |
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amended to read as follows: |
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(b) The commissioner may consider [the] recommendations [of
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the advisory committee] or any other information provided in |
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response to a department-issued request for information relating to |
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electronic data exchange, including identification card programs, |
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before adopting rules regarding: |
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(1) information to be included on the identification |
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cards; |
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(2) technology to be used to implement the |
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identification card pilot program; and |
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(3) confidentiality and accuracy of the information |
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required to be included on the identification cards. |
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SECTION 2.005. Section 4001.009(a), Insurance Code, is |
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amended to read as follows: |
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(a) As referenced in Section 4001.003(9), a reference to an |
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agent in the following laws includes a subagent without regard to |
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whether a subagent is specifically mentioned: |
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(1) Chapters 281, 402, 421-423, 441, 444, 461-463, |
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[523,] 541-556, 558, 559, [702,] 703, 705, 821, 823-825, 827, 828, |
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844, 963, 1108, 1205-1208 [1205-1209], 1211, 1213, 1214 |
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[1211-1214], 1352, 1353, 1357, 1358, 1360-1363, 1369, 1453-1455, |
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1503, 1550, 1801, 1803, 2151-2154, 2201-2203, 2205-2213, 3501, |
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3502, 4007, 4102, and 4201-4203; |
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(2) Chapter 403, excluding Section 403.002; |
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(3) Subchapter A, Chapter 491; |
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(4) Subchapter C, Chapter 521; |
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(5) Subchapter A, Chapter 557; |
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(6) Subchapter B, Chapter 805; |
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(7) Subchapters D, E, and F, Chapter 982; |
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(8) Subchapter D, Chapter 1103; |
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(9) Subchapters B, C, D, and E, Chapter 1204, |
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excluding Sections 1204.153 and 1204.154; |
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(10) Subchapter B, Chapter 1366; |
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(11) Subchapters B, C, and D, Chapter 1367, excluding |
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Section 1367.053(c); |
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(12) Subchapters A, C, D, E, F, H, and I, Chapter 1451; |
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(13) Subchapter B, Chapter 1452; |
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(14) Sections 551.004, 841.303, 982.001, 982.002, |
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982.004, 982.052, 982.102, 982.103, 982.104, 982.106, 982.107, |
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982.108, 982.110, 982.111, 982.112, and 1802.001; and |
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(15) Chapter 107, Occupations Code. |
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SECTION 2.006. Section 4102.005, Insurance Code, is amended |
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to read as follows: |
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Sec. 4102.005. CODE OF ETHICS. The commissioner[, with
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guidance from the public insurance adjusters examination advisory
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committee,] by rule shall adopt: |
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(1) a code of ethics for public insurance adjusters |
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that fosters the education of public insurance adjusters concerning |
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the ethical, legal, and business principles that should govern |
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their conduct; |
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(2) recommendations regarding the solicitation of the |
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adjustment of losses by public insurance adjusters; and |
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(3) any other principles of conduct or procedures that |
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the commissioner considers necessary and reasonable. |
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SECTION 2.007. Section 2154.052(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commissioner: |
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(1) shall administer this chapter through the state |
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fire marshal; and |
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(2) may issue rules to administer this chapter [in
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compliance with Section 2154.054]. |
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SECTION 2.008. The following laws are repealed: |
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(1) Article 3.70-3D(d), Insurance Code, as effective |
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on appropriation in accordance with Section 5, Chapter 1457 (H.B. |
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3021), Acts of the 76th Legislature, Regular Session, 1999; |
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(2) Chapter 523, Insurance Code; |
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(3) Section 524.061, Insurance Code; |
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(4) the heading to Subchapter M, Chapter 843, |
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Insurance Code; |
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(5) Sections 843.435, 843.436, 843.437, 843.438, |
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843.439, and 843.440, Insurance Code; |
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(6) Chapter 1212, Insurance Code; |
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(7) Section 1660.002(2), Insurance Code; |
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(8) Subchapter B, Chapter 1660, Insurance Code; |
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(9) Section 1660.101(c), Insurance Code; |
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(10) Sections 4002.004, 4004.002, 4101.006, and |
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4102.059, Insurance Code; |
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(11) Sections 4201.003(c) and (d), Insurance Code; |
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(12) Subchapter C, Chapter 6001, Insurance Code; |
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(13) Subchapter C, Chapter 6002, Insurance Code; |
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(14) Subchapter C, Chapter 6003, Insurance Code; |
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(15) Section 2154.054, Occupations Code; and |
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(16) Section 2154.055(c), Occupations Code. |
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SECTION 2.009. (a) The following boards, committees, |
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councils, and task forces are abolished on the effective date of |
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this Act: |
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(1) the consumer assistance program for health |
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maintenance organizations advisory committee; |
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(2) the executive committee of the market assistance |
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program for residential property insurance; |
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(3) the TexLink to Health Coverage Program task force; |
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(4) the health maintenance organization solvency |
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surveillance committee; |
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(5) the technical advisory committee on claims |
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processing; |
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(6) the technical advisory committee on electronic |
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data exchange; |
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(7) the examination of license applicants advisory |
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board; |
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(8) the advisory council on continuing education for |
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insurance agents; |
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(9) the insurance adjusters examination advisory |
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board; |
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(10) the public insurance adjusters examination |
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advisory committee; |
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(11) the utilization review agents advisory |
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committee; |
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(12) the fire extinguisher advisory council; |
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(13) the fire detection and alarm devices advisory |
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council; |
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(14) the fire protection advisory council; and |
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(15) the fireworks advisory council. |
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(b) All powers, duties, obligations, rights, contracts, |
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funds, records, and real or personal property of a board, |
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committee, council, or task force listed under Subsection (a) of |
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this section shall be transferred to the Texas Department of |
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Insurance not later than February 28, 2012. |
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SECTION 2.010. The changes in law made by this Act by |
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repealing Sections 523.003 and 843.439, Insurance Code, apply only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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ARTICLE 3. RATE REGULATION |
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SECTION 3.001. Subchapter F, Chapter 843, Insurance Code, |
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is amended by adding Section 843.2071 to read as follows: |
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Sec. 843.2071. NOTICE OF INCREASE IN CHARGE FOR COVERAGE. |
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(a) Not less than 60 days before the date on which an increase in a |
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charge for coverage under this chapter takes effect, a health |
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maintenance organization shall: |
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(1) give to each enrollee under an individual evidence |
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of coverage written notice of the effective date of the increase; |
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and |
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(2) provide the enrollee a table that clearly lists: |
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(A) the actual dollar amount of the charge for |
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coverage on the date of the notice; |
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(B) the actual dollar amount of the charge for |
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coverage after the charge increase; and |
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(C) the percentage change between the amounts |
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described by Paragraphs (A) and (B). |
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(b) The notice required by this section must be based on |
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coverage in effect on the date of the notice. |
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(c) This section may not be construed to prevent a health |
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maintenance organization, at the request of an enrollee, from |
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negotiating a change in benefits or rates after delivery of the |
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notice required by this section. |
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(d) A health maintenance organization may not require an |
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enrollee entitled to notice under this section to respond to the |
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health maintenance organization to renew the coverage or take other |
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action relating to the renewal or extension of the coverage before |
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the 45th day after the date the notice described by Subsection (a) |
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is given. |
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(e) The notice required by this section must include: |
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(1) contact information for the department, including |
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information concerning how to file a complaint with the department; |
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(2) contact information for the Texas Consumer Health |
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Assistance Program, including information concerning how to |
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request from the program consumer protection information or |
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assistance with filing a complaint; and |
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(3) the addresses of Internet websites that provide |
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consumer information related to rate increase justifications, |
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including the websites of the department and the United States |
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Department of Health and Human Services. |
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SECTION 3.002. Subchapter C, Chapter 1201, Insurance Code, |
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is amended by adding Section 1201.109 to read as follows: |
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Sec. 1201.109. NOTICE OF RATE INCREASE. (a) Not less than |
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60 days before the date on which a premium rate increase takes |
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effect on an individual accident and health insurance policy |
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delivered or issued for delivery in this state by an insurer, the |
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insurer shall: |
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(1) give written notice to the insured of the |
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effective date of the increase; and |
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(2) provide the insured a table that clearly lists: |
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(A) the actual dollar amount of the premium on |
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the date of the notice; |
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(B) the actual dollar amount of the premium after |
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the premium rate increase; and |
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(C) the percentage change between the amounts |
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described by Paragraphs (A) and (B). |
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(b) The notice required by this section must be based on |
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coverage in effect on the date of the notice. |
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(c) This section may not be construed to prevent an insurer, |
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at the request of an insured, from negotiating a change in benefits |
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or rates after delivery of the notice required by this section. |
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(d) An insurer may not require an insured entitled to notice |
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under this section to respond to the insurer to renew the policy or |
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take other action relating to the renewal or extension of the policy |
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before the 45th day after the date the notice described by |
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Subsection (a) is given. |
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(e) The notice required by this section must include: |
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(1) contact information for the department, including |
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information concerning how to file a complaint with the department; |
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(2) contact information for the Texas Consumer Health |
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Assistance Program, including information concerning how to |
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request from the program consumer protection information or |
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assistance with filing a complaint; and |
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(3) the addresses of Internet websites that provide |
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consumer information related to rate increase justifications, |
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including the websites of the department and the United States |
|
Department of Health and Human Services. |
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SECTION 3.003. Subchapter E, Chapter 1501, Insurance Code, |
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is amended by adding Section 1501.216 to read as follows: |
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Sec. 1501.216. PREMIUM RATES: NOTICE OF INCREASE. (a) Not |
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less than 60 days before the date on which a premium rate increase |
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takes effect on a small employer health benefit plan delivered or |
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issued for delivery in this state by an insurer, the insurer shall: |
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(1) give written notice to the small employer of the |
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effective date of the increase; and |
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(2) provide the small employer a table that clearly |
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lists: |
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(A) the actual dollar amount of the premium on |
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the date of the notice; |
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(B) the actual dollar amount of the premium after |
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the premium rate increase; and |
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(C) the percentage change between the amounts |
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described by Paragraphs (A) and (B). |
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(b) The notice required by this section must be based on |
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coverage in effect on the date of the notice. |
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(c) This section may not be construed to prevent an insurer, |
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at the request of a small employer, from negotiating a change in |
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benefits or rates after delivery of the notice required by this |
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section. |
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(d) An insurer may not require a small employer entitled to |
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notice under this section to respond to the insurer to renew the |
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policy or take other action relating to the renewal or extension of |
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the policy before the 45th day after the date the notice described |
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by Subsection (a) is given. |
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(e) The notice required by this section must include: |
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(1) contact information for the department, including |
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information concerning how to file a complaint with the department; |
|
(2) contact information for the Texas Consumer Health |
|
Assistance Program, including information concerning how to |
|
request from the program consumer protection information or |
|
assistance with filing a complaint; and |
|
(3) the addresses of Internet websites that provide |
|
consumer information related to rate increase justifications, |
|
including the websites of the department and the United States |
|
Department of Health and Human Services. |
|
SECTION 3.004. Section 2251.002(8), Insurance Code, is |
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amended to read as follows: |
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(8) "Supporting information" means: |
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(A) the experience and judgment of the filer and |
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the experience or information of other insurers or advisory |
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organizations on which the filer relied; |
|
(B) the interpretation of any other information |
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on which the filer relied; |
|
(C) a description of methods used in making a |
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rate; and |
|
(D) any other information the department |
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receives from a filer as a response to a request under Section |
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38.001 [requires to be filed]. |
|
SECTION 3.005. Section 2251.101, Insurance Code, is amended |
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to read as follows: |
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Sec. 2251.101. RATE FILINGS AND SUPPORTING INFORMATION. |
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(a) Except as provided by Subchapter D, for risks written in this |
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state, each insurer shall file with the commissioner all rates, |
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applicable rating manuals, supplementary rating information, and |
|
additional information as required by the commissioner. An insurer |
|
may use a rate filed under this subchapter on and after the date the |
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rate is filed. |
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(b) The commissioner by rule shall: |
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(1) determine the information required to be included |
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in the filing, including: |
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(A) [(1)] categories of supporting information |
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and supplementary rating information; |
|
(B) [(2)] statistics or other information to |
|
support the rates to be used by the insurer, including information |
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necessary to evidence that the computation of the rate does not |
|
include disallowed expenses; and |
|
(C) [(3)] information concerning policy fees, |
|
service fees, and other fees that are charged or collected by the |
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insurer under Section 550.001 or 4005.003; and |
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(2) prescribe the process through which the department |
|
requests supplementary rating information and supporting |
|
information under this section, including: |
|
(A) the number of times the department may make a |
|
request for information; and |
|
(B) the types of information the department may |
|
request when reviewing a rate filing. |
|
SECTION 3.006. Section 2251.103, Insurance Code, is amended |
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to read as follows: |
|
Sec. 2251.103. COMMISSIONER ACTION CONCERNING [DISAPPROVAL
|
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OF RATE IN] RATE FILING NOT YET IN EFFECT; HEARING AND ANALYSIS. |
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(a) Not later than the earlier of the date the rate takes effect or |
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the 30th day after the date a rate is filed with the department |
|
under Section 2251.101, the [The] commissioner shall disapprove the |
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[a] rate if the commissioner determines that the rate [filing made
|
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under this chapter] does not comply with the requirements of this |
|
chapter [meet the standards established under Subchapter B]. |
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(b) Except as provided by Subsection (c), if a rate has not |
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been disapproved by the commissioner before the expiration of the |
|
30-day period described by Subsection (a), the rate is not |
|
considered disapproved under this section. |
|
(c) For good cause, the commissioner may, on the expiration |
|
of the 30-day period described by Subsection (a), extend the period |
|
for disapproval of a rate for one additional 30-day period. The |
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commissioner and the insurer may not by agreement extend the 30-day |
|
period described by Subsection (a) or this subsection. |
|
(d) If the commissioner disapproves a rate under this |
|
section [filing], the commissioner shall issue an order specifying |
|
in what respects the rate [filing] fails to meet the requirements of |
|
this chapter. |
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(e) An insurer that files a rate that is disapproved under |
|
this section [(c) The filer] is entitled to a hearing on written |
|
request made to the commissioner not later than the 30th day after |
|
the date the order disapproving the rate [filing] takes effect. |
|
(f) The department shall track, compile, and routinely |
|
analyze the factors that contribute to the disapproval of rates |
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under this section. |
|
SECTION 3.007. Subchapter C, Chapter 2251, Insurance Code, |
|
is amended by adding Section 2251.1031 to read as follows: |
|
Sec. 2251.1031. REQUESTS FOR ADDITIONAL INFORMATION. |
|
(a) If the department determines that the information filed by an |
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insurer under this subchapter or Subchapter D is incomplete or |
|
otherwise deficient, the department may request additional |
|
information from the insurer. |
|
(b) If the department requests additional information from |
|
the insurer during the 30-day period described by Section |
|
2251.103(a) or 2251.153(a) or under a second 30-day period |
|
described by Section 2251.103(c) or 2251.153(c), as applicable, the |
|
time between the date the department submits the request to the |
|
insurer and the date the department receives the information |
|
requested is not included in the computation of the first 30-day |
|
period or the second 30-day period, as applicable. |
|
(c) For purposes of this section, the date of the |
|
department's submission of a request for additional information is |
|
the earlier of: |
|
(1) the date of the department's electronic mailing or |
|
documented telephone call relating to the request for additional |
|
information; or |
|
(2) the postmarked date on the department's letter |
|
relating to the request for additional information. |
|
(d) The department shall track, compile, and routinely |
|
analyze the volume and content of requests for additional |
|
information made under this section to ensure that all requests for |
|
additional information are fair and reasonable. |
|
SECTION 3.008. The heading to Section 2251.104, Insurance |
|
Code, is amended to read as follows: |
|
Sec. 2251.104. COMMISSIONER DISAPPROVAL OF RATE IN EFFECT; |
|
HEARING. |
|
SECTION 3.009. Section 2251.107, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 2251.107. PUBLIC [INSPECTION OF] INFORMATION. (a) |
|
Each filing made, and any supporting information filed, under this |
|
chapter is public information subject to Chapter 552, Government |
|
Code, including any applicable exception from required disclosure |
|
under that chapter [open to public inspection as of the date of the
|
|
filing]. |
|
(b) Each year the department shall make available to the |
|
public information concerning the department's general process and |
|
methodology for rate review under this chapter, including factors |
|
that contribute to the disapproval of a rate. Information provided |
|
under this subsection must be general in nature and may not reveal |
|
proprietary or trade secret information of any insurer. |
|
SECTION 3.010. Section 2251.151, Insurance Code, is amended |
|
by adding Subsections (c-1) and (f) and amending Subsection (e) to |
|
read as follows: |
|
(c-1) If the commissioner requires an insurer to file the |
|
insurer's rates under this section, the commissioner shall |
|
periodically assess whether the conditions described by Subsection |
|
(a) continue to exist. If the commissioner determines that the |
|
conditions no longer exist, the commissioner shall issue an order |
|
excusing the insurer from filing the insurer's rates under this |
|
section. |
|
(e) If the commissioner requires an insurer to file the |
|
insurer's rates under this section, the commissioner shall issue an |
|
order specifying the commissioner's reasons for requiring the rate |
|
filing and explaining any steps the insurer must take and any |
|
conditions the insurer must meet in order to be excused from filing |
|
the insurer's rates under this section. An affected insurer is |
|
entitled to a hearing on written request made to the commissioner |
|
not later than the 30th day after the date the order is issued. |
|
(f) The commissioner by rule shall define: |
|
(1) the financial conditions and rating practices that |
|
may subject an insurer to this section under Subsection (a)(1); and |
|
(2) the process by which the commissioner determines |
|
that a statewide insurance emergency exists under Subsection |
|
(a)(2). |
|
SECTION 3.011. Section 2251.156, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 2251.156. RATE FILING DISAPPROVAL BY COMMISSIONER; |
|
HEARING. (a) If the commissioner disapproves a rate filing under |
|
Section 2251.153(a)(2), the commissioner shall issue an order |
|
disapproving the filing in accordance with Section 2251.103(d) |
|
[2251.103(b)]. |
|
(b) An insurer whose rate filing is disapproved is entitled |
|
to a hearing in accordance with Section 2251.103(e) [2251.103(c)]. |
|
(c) The department shall track precedents related to |
|
disapprovals of rates under this subchapter to ensure uniform |
|
application of rate standards by the department. |
|
SECTION 3.012. Section 2254.003(a), Insurance Code, is |
|
amended to read as follows: |
|
(a) This section applies to a rate for personal automobile |
|
insurance or residential property insurance filed on or after the |
|
effective date of Chapter 206, Acts of the 78th Legislature, |
|
Regular Session, 2003. |
|
SECTION 3.013. Section 2251.154, Insurance Code, is |
|
repealed. |
|
SECTION 3.014. Sections 2251.002(8) and 2251.107, |
|
Insurance Code, as amended by this Act, apply only to a request to |
|
inspect information or to obtain public information made to the |
|
Texas Department of Insurance on or after the effective date of this |
|
Act. A request made before the effective date of this Act is |
|
governed by the law in effect immediately before the effective date |
|
of this Act, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 3.015. Section 2251.103, Insurance Code, as amended |
|
by this Act, and Section 2251.1031, Insurance Code, as added by this |
|
Act, apply only to a rate filing made on or after the effective date |
|
of this Act. A rate filing made before the effective date of this |
|
Act is governed by the law in effect at the time the filing was made, |
|
and that law is continued in effect for that purpose. |
|
SECTION 3.016. Section 2251.151(c-1), Insurance Code, as |
|
added by this Act, applies to an insurer that is required to file |
|
the insurer's rates for approval under Section 2251.151, Insurance |
|
Code, on or after the effective date of this Act, regardless of when |
|
the order requiring the insurer to file the insurer's rates for |
|
approval under that section is first issued. |
|
SECTION 3.017. Section 2251.151(e), Insurance Code, as |
|
amended by this Act, applies only to an order issued by the |
|
commissioner of insurance on or after the effective date of this |
|
Act. An order of the commissioner issued before the effective date |
|
of this Act is governed by the law in effect on the date the order |
|
was issued, and that law is continued in effect for that purpose. |
|
ARTICLE 4. STATE FIRE MARSHAL'S OFFICE |
|
SECTION 4.001. Section 417.008, Government Code, is amended |
|
by adding Subsection (f) to read as follows: |
|
(f) The commissioner by rule shall prescribe a reasonable |
|
fee for an inspection performed by the state fire marshal that may |
|
be charged to a property owner or occupant who requests the |
|
inspection, as the commissioner considers appropriate. In |
|
prescribing the fee, the commissioner shall consider the overall |
|
cost to the state fire marshal to perform the inspections, |
|
including the approximate amount of time the staff of the state fire |
|
marshal needs to perform an inspection, travel costs, and other |
|
expenses. |
|
SECTION 4.002. Section 417.0081, Government Code, is |
|
amended to read as follows: |
|
Sec. 417.0081. INSPECTION OF CERTAIN STATE-OWNED OR |
|
STATE-LEASED BUILDINGS. (a) The state fire marshal, at the |
|
commissioner's direction, shall periodically inspect public |
|
buildings under the charge and control of the Texas Facilities |
|
[General Services] Commission and buildings leased for the use of a |
|
state agency by the Texas Facilities Commission. |
|
(b) For the purpose of determining a schedule for conducting |
|
inspections under this section, the commissioner by rule shall |
|
adopt guidelines for assigning potential fire safety risk to |
|
state-owned and state-leased buildings. Rules adopted under this |
|
subsection must provide for the inspection of each state-owned and |
|
state-leased building to which this section applies, regardless of |
|
how low the potential fire safety risk of the building may be. |
|
(c) On or before January 1 of each year, the state fire |
|
marshal shall report to the governor, lieutenant governor, speaker |
|
of the house of representatives, and appropriate standing |
|
committees of the legislature regarding the state fire marshal's |
|
findings in conducting inspections under this section. |
|
SECTION 4.003. Section 417.0082, Government Code, is |
|
amended to read as follows: |
|
Sec. 417.0082. PROTECTION OF CERTAIN STATE-OWNED OR |
|
STATE-LEASED BUILDINGS AGAINST FIRE HAZARDS. (a) The state fire |
|
marshal, under the direction of the commissioner, shall take any |
|
action necessary to protect a public building under the charge and |
|
control of the Texas Facilities [Building and Procurement] |
|
Commission, and the building's occupants, and the occupants of a |
|
building leased for the use of a state agency by the Texas |
|
Facilities Commission, against an existing or threatened fire |
|
hazard. The state fire marshal and the Texas Facilities [Building
|
|
and Procurement] Commission shall include the State Office of Risk |
|
Management in all communication concerning fire hazards. |
|
(b) The commissioner, the Texas Facilities [Building and
|
|
Procurement] Commission, and the risk management board shall make |
|
and each adopt by rule a memorandum of understanding that |
|
coordinates the agency's duties under this section. |
|
SECTION 4.004. Section 417.010, Government Code, is amended |
|
to read as follows: |
|
Sec. 417.010. DISCIPLINARY AND ENFORCEMENT ACTIONS; |
|
ADMINISTRATIVE PENALTIES [ALTERNATE REMEDIES]. (a) This section |
|
applies to each person and firm licensed, registered, or otherwise |
|
regulated by the department through the state fire marshal, |
|
including: |
|
(1) a person regulated under Title 20, Insurance Code; |
|
and |
|
(2) a person licensed under Chapter 2154, Occupations |
|
Code. |
|
(b) The commissioner by rule shall delegate to the state |
|
fire marshal the authority to take disciplinary and enforcement |
|
actions, including the imposition of administrative penalties in |
|
accordance with this section on a person regulated under a law |
|
listed under Subsection (a) who violates that law or a rule or order |
|
adopted under that law. In the rules adopted under this subsection, |
|
the commissioner shall: |
|
(1) specify which types of disciplinary and |
|
enforcement actions are delegated to the state fire marshal; and |
|
(2) outline the process through which the state fire |
|
marshal may, subject to Subsection (e), impose administrative |
|
penalties or take other disciplinary and enforcement actions. |
|
(c) The commissioner by rule shall adopt a schedule of |
|
administrative penalties for violations subject to a penalty under |
|
this section to ensure that the amount of an administrative penalty |
|
imposed is appropriate to the violation. The department shall |
|
provide the administrative penalty schedule to the public on |
|
request. The amount of an administrative penalty imposed under |
|
this section must be based on: |
|
(1) the seriousness of the violation, including: |
|
(A) the nature, circumstances, extent, and |
|
gravity of the violation; and |
|
(B) the hazard or potential hazard created to the |
|
health, safety, or economic welfare of the public; |
|
(2) the economic harm to the public interest or public |
|
confidence caused by the violation; |
|
(3) the history of previous violations; |
|
(4) the amount necessary to deter a future violation; |
|
(5) efforts to correct the violation; |
|
(6) whether the violation was intentional; and |
|
(7) any other matter that justice may require. |
|
(d) In [The state fire marshal, in] the enforcement of a law |
|
that is enforced by or through the state fire marshal, the state |
|
fire marshal may, in lieu of cancelling, revoking, or suspending a |
|
license or certificate of registration, impose on the holder of the |
|
license or certificate of registration an order directing the |
|
holder to do one or more of the following: |
|
(1) cease and desist from a specified activity; |
|
(2) pay an administrative penalty imposed under this |
|
section [remit to the commissioner within a specified time a
|
|
monetary forfeiture not to exceed $10,000 for each violation of an
|
|
applicable law or rule]; or [and] |
|
(3) make restitution to a person harmed by the holder's |
|
violation of an applicable law or rule. |
|
(e) The state fire marshal shall impose an administrative |
|
penalty under this section in the manner prescribed for imposition |
|
of an administrative penalty under Subchapter B, Chapter 84, |
|
Insurance Code. The state fire marshal may impose an |
|
administrative penalty under this section without referring the |
|
violation to the department for commissioner action. |
|
(f) An affected person may dispute the imposition of the |
|
penalty or the amount of the penalty imposed in the manner |
|
prescribed by Subchapter C, Chapter 84, Insurance Code. Failure to |
|
pay an administrative penalty imposed under this section is subject |
|
to enforcement by the department. |
|
ARTICLE 5. TITLE INSURANCE |
|
SECTION 5.001. Section 2703.153(c), Insurance Code, is |
|
amended to read as follows: |
|
(c) Not less frequently than once every five years, the |
|
commissioner shall evaluate the information required under this |
|
section to determine whether the department needs additional or |
|
different information or no longer needs certain information to |
|
promulgate rates. If the department requires a title insurance |
|
company or title insurance agent to include new or different |
|
information in the statistical report, that information may be |
|
considered by the commissioner in fixing premium rates if the |
|
information collected is reasonably credible for the purposes for |
|
which the information is to be used. |
|
ARTICLE 6. ELECTRONIC TRANSACTIONS |
|
SECTION 6.001. Subtitle A, Title 2, Insurance Code, is |
|
amended by adding Chapter 35 to read as follows: |
|
CHAPTER 35. ELECTRONIC TRANSACTIONS |
|
Sec. 35.001. DEFINITIONS. In this chapter: |
|
(1) "Conduct business" includes engaging in or |
|
transacting any business in which a regulated entity is authorized |
|
to engage or is authorized to transact under the law of this state. |
|
(2) "Regulated entity" means each insurer or other |
|
organization regulated by the department, including: |
|
(A) a domestic or foreign, stock or mutual, life, |
|
health, or accident insurance company; |
|
(B) a domestic or foreign, stock or mutual, fire |
|
or casualty insurance company; |
|
(C) a Mexican casualty company; |
|
(D) a domestic or foreign Lloyd's plan; |
|
(E) a domestic or foreign reciprocal or |
|
interinsurance exchange; |
|
(F) a domestic or foreign fraternal benefit |
|
society; |
|
(G) a domestic or foreign title insurance |
|
company; |
|
(H) an attorney's title insurance company; |
|
(I) a stipulated premium company; |
|
(J) a nonprofit legal service corporation; |
|
(K) a health maintenance organization; |
|
(L) a statewide mutual assessment company; |
|
(M) a local mutual aid association; |
|
(N) a local mutual burial association; |
|
(O) an association exempt under Section 887.102; |
|
(P) a nonprofit hospital, medical, or dental |
|
service corporation, including a company subject to Chapter 842; |
|
(Q) a county mutual insurance company; and |
|
(R) a farm mutual insurance company. |
|
Sec. 35.002. CONSTRUCTION WITH OTHER LAW. |
|
(a) Notwithstanding any other provision of this code, a regulated |
|
entity may conduct business electronically in accordance with this |
|
chapter and the rules adopted under Section 35.004. |
|
(b) To the extent of any conflict between another provision |
|
of this code and a provision of this chapter, the provision of this |
|
chapter controls. |
|
Sec. 35.003. ELECTRONIC TRANSACTIONS AUTHORIZED. A |
|
regulated entity may conduct business electronically to the same |
|
extent that the entity is authorized to conduct business otherwise |
|
if before the conduct of business each party to the business agrees |
|
to conduct the business electronically. |
|
Sec. 35.004. RULES. (a) The commissioner shall adopt |
|
rules necessary to implement and enforce this chapter. |
|
(b) The rules adopted by the commissioner under this section |
|
must include rules that establish minimum standards with which a |
|
regulated entity must comply in the entity's electronic conduct of |
|
business with other regulated entities and consumers. |
|
SECTION 6.002. Chapter 35, Insurance Code, as added by this |
|
Act, applies only to business conducted on or after the effective |
|
date of this Act. Business conducted before the effective date of |
|
this Act is governed by the law in effect on the date the business |
|
was conducted, and that law is continued in effect for that purpose. |
|
ARTICLE 7. DATA COLLECTION |
|
SECTION 7.001. Chapter 38, Insurance Code, is amended by |
|
adding Subchapter I to read as follows: |
|
SUBCHAPTER I. DATA COLLECTION RELATING TO |
|
CERTAIN PERSONAL LINES OF INSURANCE |
|
Sec. 38.401. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
applies only to an insurer who writes personal automobile insurance |
|
or residential property insurance in this state. |
|
Sec. 38.402. FILING OF CERTAIN CLAIMS INFORMATION. |
|
(a) The commissioner shall require each insurer described by |
|
Section 38.401 to file with the commissioner aggregate personal |
|
automobile insurance and residential property insurance claims |
|
information for the period covered by the filing, including the |
|
number of claims: |
|
(1) filed during the reporting period; |
|
(2) pending on the last day of the reporting period, |
|
including pending litigation; |
|
(3) closed with payment during the reporting period; |
|
(4) closed without payment during the reporting |
|
period; and |
|
(5) carrying over from the reporting period |
|
immediately preceding the current reporting period. |
|
(b) An insurer described by Section 38.401 must file the |
|
information described by Subsection (a) on an annual basis. The |
|
information filed must be broken down by quarter. |
|
Sec. 38.403. PUBLIC INFORMATION. (a) The department shall |
|
post the data contained in claims information filings under Section |
|
38.402 on the department's Internet website. The commissioner by |
|
rule may establish a procedure for posting data under this |
|
subsection that includes a description of the data that must be |
|
posted and the manner in which the data must be posted. |
|
(b) Information provided under this section must be |
|
aggregate data by line of insurance for each insurer and may not |
|
reveal proprietary or trade secret information of any insurer. |
|
Sec. 38.404. RULES. The commissioner may adopt rules |
|
necessary to implement this subchapter. |
|
ARTICLE 8. STUDY ON RATE FILING AND APPROVAL |
|
REQUIREMENTS FOR CERTAIN INSURERS WRITING IN |
|
UNDERSERVED AREAS; UNDERSERVED AREA DESIGNATION |
|
SECTION 8.001. Section 2004.002, Insurance Code, is amended |
|
by amending Subsection (b) and adding Subsections (c) and (d) to |
|
read as follows: |
|
(b) In determining which areas to designate as underserved, |
|
the commissioner shall consider: |
|
(1) whether residential property insurance is not |
|
reasonably available to a substantial number of owners of insurable |
|
property in the area; [and] |
|
(2) whether access to the full range of coverages and |
|
policy forms for residential property insurance does not reasonably |
|
exist; and |
|
(3) any other relevant factor as determined by the |
|
commissioner. |
|
(c) The commissioner shall determine which areas to |
|
designate as underserved under this section not less than once |
|
every six years. |
|
(d) The commissioner shall conduct a study concerning the |
|
accuracy of current designations of underserved areas under this |
|
section for the purpose of increasing and improving access to |
|
insurance in those areas not less than once every six years. |
|
SECTION 8.002. Subchapter F, Chapter 2251, Insurance Code, |
|
is amended by adding Section 2251.253 to read as follows: |
|
Sec. 2251.253. REPORT. (a) The commissioner shall conduct |
|
a study concerning the impact of increasing the percentage of the |
|
total amount of premiums collected by insurers for residential |
|
property insurance under Section 2251.252. |
|
(b) The commissioner shall report the results of the study |
|
in the biennial report required under Section 32.022. |
|
(c) This section expires September 1, 2013. |
|
ARTICLE 9. INDIVIDUAL HEALTH COVERAGE FOR CHILDREN |
|
SECTION 9.001. Section 1502.002, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 1502.002. RULES. (a) The commissioner may adopt rules |
|
to implement this chapter, including rules necessary to: |
|
(1) increase the availability of coverage to children |
|
younger than 19 years of age; |
|
(2) establish an open enrollment period; and |
|
(3) establish qualifying events as exceptions to the |
|
open enrollment period, including loss of coverage when a child |
|
becomes ineligible for coverage under the state child health plan. |
|
(b) The commissioner may adopt rules on an emergency basis |
|
using the procedures established under Section 2001.034, |
|
Government Code. |
|
(c) Notwithstanding Subsection (b), the commissioner is not |
|
required to make a finding under Section 2001.034(a), Government |
|
Code, before adopting rules on an emergency basis. |
|
ARTICLE 10. ADJUSTER ADVISORY BOARD |
|
SECTION 10.001. (a) The adjuster advisory board |
|
established under this section is composed of the following nine |
|
members appointed by the commissioner: |
|
(1) two public insurance adjusters; |
|
(2) two members who represent the general public; |
|
(3) two independent adjusters; |
|
(4) one adjuster who represents a domestic insurer |
|
authorized to engage in business in this state; |
|
(5) one adjuster who represents a foreign insurer |
|
authorized to engage in business in this state; and |
|
(6) one representative of the Independent Insurance |
|
Agents of Texas. |
|
(b) A member who represents the general public may not be: |
|
(1) an officer, director, or employee of: |
|
(A) an adjuster or adjusting company; |
|
(B) an insurance agent or agency; |
|
(C) an insurance broker; |
|
(D) an insurer; or |
|
(E) any other business entity regulated by the |
|
department; |
|
(2) a person required to register as a lobbyist under |
|
Chapter 305, Government Code; or |
|
(3) a person related within the second degree of |
|
affinity or consanguinity to a person described by Subdivision (1) |
|
or (2). |
|
(c) The advisory board shall make recommendations to the |
|
commissioner regarding: |
|
(1) matters related to the licensing, testing, and |
|
continuing education of licensed adjusters; |
|
(2) matters related to claims handling, catastrophic |
|
loss preparedness, ethical guidelines, and other professionally |
|
relevant issues; and |
|
(3) any other matter the commissioner submits to the |
|
advisory board for a recommendation. |
|
(d) A member of the advisory board serves without |
|
compensation. If authorized by the commissioner, a member is |
|
entitled to reimbursement for reasonable expenses incurred in |
|
attending meetings of the advisory board. |
|
(e) The advisory board is subject to Chapter 2110, |
|
Government Code. |
|
ARTICLE 11. LIMITED PROPERTY AND CASUALTY INSURANCE LICENSES |
|
SECTION 11.001. Section 4051.101(c), Insurance Code, is |
|
amended to read as follows: |
|
(c) This section does not apply to a person who wrote for the |
|
previous calendar year: |
|
(1) policies authorized by Chapter 911 for a farm |
|
mutual insurance company that generated, in the aggregate, less |
|
than $50,000 in direct premium; [or] |
|
(2) industrial fire insurance policies that |
|
generated, in the aggregate, less than $20,000 in direct premium; |
|
or |
|
(3) policies authorized by Chapter 962 for an insurer |
|
that generated, in the aggregate, less than $40,000 in direct |
|
premium. |
|
ARTICLE 12. PROHIBITION OF COERCION OF PRACTITIONERS BY MANAGED |
|
CARE PLANS |
|
SECTION 12.001. Section 1451.153, Insurance Code, is |
|
amended by amending Subsection (a) and adding Subsection (c) to |
|
read as follows: |
|
(a) A managed care plan may not: |
|
(1) discriminate against a health care practitioner |
|
because the practitioner is an optometrist, therapeutic |
|
optometrist, or ophthalmologist; |
|
(2) restrict or discourage a plan participant from |
|
obtaining covered vision or medical eye care services or procedures |
|
from a participating optometrist, therapeutic optometrist, or |
|
ophthalmologist solely because the practitioner is an optometrist, |
|
therapeutic optometrist, or ophthalmologist; |
|
(3) exclude an optometrist, therapeutic optometrist, |
|
or ophthalmologist as a participating practitioner in the plan |
|
because the optometrist, therapeutic optometrist, or |
|
ophthalmologist does not have medical staff privileges at a |
|
hospital or at a particular hospital; [or] |
|
(4) exclude an optometrist, therapeutic optometrist, |
|
or ophthalmologist as a participating practitioner in the plan |
|
because the services or procedures provided by the optometrist, |
|
therapeutic optometrist, or ophthalmologist may be provided by |
|
another type of health care practitioner; or |
|
(5) as a condition for a therapeutic optometrist or |
|
ophthalmologist to be included in one or more of the plan's medical |
|
panels, require the therapeutic optometrist or ophthalmologist to |
|
be included in, or to accept the terms of payment under or for, a |
|
particular vision panel in which the therapeutic optometrist or |
|
ophthalmologist does not otherwise wish to be included. |
|
(c) For the purposes of Subsection (a)(5), "medical panel" |
|
and "vision panel" have the meanings assigned by Section |
|
1451.154(a). |
|
SECTION 12.002. The change in law made by Section 12.001 of |
|
this Act applies only to a contract entered into or renewed by a |
|
therapeutic optometrist or ophthalmologist and an issuer of a |
|
managed care plan on or after January 1, 2012. A contract entered |
|
into or renewed before January 1, 2012, 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. |
|
ARTICLE 13. CLAIMS REPORTING BY INSURERS |
|
SECTION 13.001. Subtitle C, Title 5, Insurance Code, is |
|
amended by adding Chapter 563 to read as follows: |
|
CHAPTER 563. PRACTICES RELATING TO CLAIMS REPORTING |
|
Sec. 563.001. DEFINITIONS. In this chapter: |
|
(1) "Claims database" means a database used by |
|
insurers to share, among insurers, insureds' claims histories or |
|
damage reports concerning covered properties. |
|
(2) "Insurer," "personal automobile insurance," and |
|
"residential property insurance" have the meanings assigned by |
|
Section 2254.001. |
|
Sec. 563.002. REPORTING TO CLAIMS DATABASE. An insurer or |
|
an insurer's agent may not report to a claims database information |
|
regarding an inquiry by an insured regarding coverage provided |
|
under a personal automobile insurance policy or a residential |
|
property insurance policy unless and until the insured files a |
|
claim under the policy. |
|
ARTICLE 14. SURETY BONDS AND RELATED INSTRUMENTS |
|
SECTION 14.001. Section 3503.005(a), Insurance Code, is |
|
amended to read as follows: |
|
(a) A bond that is made, given, tendered, or filed under |
|
Chapter 53, Property Code, or Chapter 2253, Government Code, may be |
|
executed only by a surety company that is authorized to write surety |
|
bonds in this state. If the amount of the bond exceeds $100,000, |
|
the surety company must also: |
|
(1) hold a certificate of authority from the United |
|
States secretary of the treasury to qualify as a surety on |
|
obligations permitted or required under federal law; or |
|
(2) have obtained reinsurance for any liability in |
|
excess of $1 million [$100,000] from a reinsurer that: |
|
(A) is an authorized reinsurer in this state; or |
|
[and] |
|
(B) holds a certificate of authority from the |
|
United States secretary of the treasury to qualify as a surety or |
|
reinsurer on obligations permitted or required under federal law. |
|
SECTION 14.002. Section 3503.004(b), Insurance Code, is |
|
repealed. |
|
ARTICLE 15. RESIDENTIAL FIRE ALARM TECHNICIANS |
|
SECTION 15.001. Section 6002.158(e), Insurance Code, is |
|
amended to read as follows: |
|
(e) The curriculum for a residential fire alarm technician |
|
course must consist of at least seven [eight] hours of instruction |
|
on installing, servicing, and maintaining single-family and |
|
two-family residential fire alarm systems as defined by National |
|
Fire Protection Standard No. 72 and an examination on National Fire |
|
Protection Standard No. 72 for which at least one hour is allocated |
|
for completion. The examination must consist of at least 25 |
|
questions, and an applicant must accurately answer at least 80 |
|
percent of the questions to pass the examination. |
|
SECTION 15.002. The changes in law made by this Act to |
|
Section 6002.158, Insurance Code, apply only to an application for |
|
approval or renewal of approval of a training school submitted to |
|
the state fire marshal on or after the effective date of this Act. |
|
An application submitted 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. |
|
ARTICLE 16. TRANSITION; EFFECTIVE DATE |
|
SECTION 16.001. Except as otherwise provided by this Act, |
|
this Act applies only to an insurance policy, contract, or evidence |
|
of coverage that is delivered, issued for delivery, or renewed on or |
|
after January 1, 2012. A policy, contract, or evidence of coverage |
|
delivered, issued for delivery, or renewed before January 1, 2012, |
|
is 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 16.002. This Act takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1951 was passed by the House on May |
|
11, 2011, by the following vote: Yeas 101, Nays 40, 4 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 1951 on May 23, 2011, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 1951 on May 28, 2011, by the following vote: Yeas 143, |
|
Nays 5, 2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1951 was passed by the Senate, with |
|
amendments, on May 20, 2011, by the following vote: Yeas 30, Nays |
|
0; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
1951 on May 28, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |