By: Smithee H.B. No. 3695
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of the FAIR Plan Association.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2211.104(c), Insurance Code, is amended
  to read as follows:
         (c)  The insurer shall compute the amount of the surcharge
  under Subsection (b) as a [uniform] percentage of the premium on
  each policy described by Subsection (b). The percentage must be
  equal to one-third of the ratio of the amount of the participating
  insurer's assessment or service fee payment to the amount of the
  insurer's direct earned premiums, as reported to the department in
  the insurer's financial statement for the cal
  endar year preceding
  the year in which the assessment or service fee payment is made so
  that, over the three-year period, the aggregate of all surcharges
  by the insurer under this section is at least equal to the amount of
  the assessment or service fee payment.
         SECTION 2.  Section 2211.156 is repealed.
         SECTION 3.  This Act takes effect September 1, 2013.