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A BILL TO BE ENTITLED
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AN ACT
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relating to petitions for judicial review of orders on excessive or |
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unfairly discriminatory residential property premium rates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.202(a), Insurance Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by Chapter 2251, after |
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[After] failing to get relief from the commissioner, any insurance |
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company or other party at interest who is dissatisfied with an |
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action of the commissioner may file a petition for judicial review |
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against the commissioner as defendant. |
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SECTION 2. Section 2251.103, Insurance Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The commissioner shall issue an order following a |
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hearing under this section. The order is final and binding and not |
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subject to judicial review in the courts of this state except as |
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provided by Section 2251.007(b). |
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SECTION 3. Section 2251.104, Insurance Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An order issued under this section is final and binding |
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and not subject to judicial review in the courts of this state |
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except as provided by Section 2251.007(b). |
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SECTION 4. Section 2251.007, Insurance Code, is amended to |
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read as follows: |
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Sec. 2251.007. ADMINISTRATIVE PROCEDURE ACT APPLICABLE. |
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(a) Chapter 2001, Government Code, applies to all rate hearings |
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conducted under this chapter. |
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(b) Notwithstanding Subsection (a), an appeal of a final |
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order issued under Section 2251.103 or 2251.104 based on an alleged |
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violation of a constitutional right must be commenced in the Court |
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of Appeals for the Third Court of Appeals District. |
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SECTION 5. This Act applies to an order issued under |
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Subchapter C, Chapter 2251, Insurance Code, on or after the |
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effective date of this Act. An order issued before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |