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A BILL TO BE ENTITLED
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AN ACT
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relating to the office of public insurance counsel's ability to |
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initiate a hearing on insurance rates or rate filings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2251.106, Insurance Code, is amended by |
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adding Subsections (d), (e), (f), (g), (h), and (i) to read as |
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follows: |
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(d) The public insurance counsel may initiate a hearing on a |
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rate filing or a rate in effect filed under this chapter by filing a |
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written petition with the commissioner. |
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(e) The commissioner shall hold a hearing under Subsection |
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(d) not later than the 30th day after the date of the filing of the |
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written petition. |
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(f) The commissioner shall provide written notice of a |
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hearing under Subsection (d) to the office of public insurance |
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counsel and each insurer that made the rate filing not later than |
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the 10th day before the date of the hearing. |
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(g) The party that made the rate filing has the burden to |
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show that the rate filing meets the standards under Subchapter B. |
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(h) If, after the hearing, the commissioner determines that |
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the rate filing or rate in effect does not meet the requirements of |
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this chapter, the commissioner shall issue an order under Section |
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2251.103(d) or 2251.104(b), as applicable. |
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(i) Notwithstanding any other provision of this chapter, if |
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a rate filing that is the subject of a hearing under Subsection (d) |
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has not gone into effect as of the date the written petition is |
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filed, the subject rate may not go into effect until: |
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(1) the commissioner has entered an order finding that |
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the rate filing meets the standards under Subchapter B; or |
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(2) the filing is appealed and determined on final |
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appeal to meet the standards under Subchapter B. |
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SECTION 2. This Act takes effect September 1, 2013. |