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Amend CSSB 900 (house committee report) as follows:
(1) Add the following appropriately numbered SECTION and renumber the subsequent SECTIONS accordingly:
SECTION ____. Sections 2210.355(b), (c), and (i), Insurance Code, are amended to read as follows:
(b) In adopting rates under this chapter, the association must:
(1) comply with the rate standards under Subchapter B, Chapter 2251; and
(2) consider [following must be considered:
[(1)
the past and prospective loss experience within and outside this state of hazards for which insurance is made available through the plan of operation, if any;
[(2)
expenses of operation, including acquisition costs;
[(3)
a reasonable margin for profit and contingencies;
[(4)] payment of public security obligations for [Class 1] public securities issued under this chapter, including the additional amount of any debt service coverage determined by the association to be required for the issuance of marketable public securities[; and
[(5)
all other relevant factors, within and outside this state].
(c) The commissioner must certify that overall rates for coverage under this chapter are actuarially sufficient before the association assesses members under this chapter [Rates must be reasonable, adequate, not unfairly discriminatory, and nonconfiscatory as to any class of insurer].
(i) The association may establish rating territories and may vary rates among the territories [as provided by this subsection. A rating territory that subdivides a county may be used only if the rate for any subdivision in the county is not more than:
[(A) five percent higher than the rate used by the association in 2009 in any other subdivision in the county;
[(B) six percent higher than the rate used by the association in
2010
in any other subdivision in the county;
[(C) seven percent higher than the rate used by the association in
2011 in any other subdivision in the county; and
[(D) eight percent higher than the rate used by the association in
2012 in any other subdivision in the county.]
(2) On page 25, between lines 4 and 5, insert the following appropriately numbered subdivisions and renumber the subsequent subdivisions accordingly:
( ) Sections 2210.355(d), (e), (f), and (h);
( ) Section 2210.359, Insurance Code;