82R9877 PMO-F
By: Smithee H.B. No. 2840
A BILL TO BE ENTITLED
AN ACT
relating to petitions for judicial review of orders on excessive or
unfairly discriminatory residential property premium rates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.202(a), Insurance Code, is amended to
read as follows:
(a) Except as otherwise provided by Chapter 2251, after
[After] failing to get relief from the commissioner, any insurance
company or other party at interest who is dissatisfied with an
action of the commissioner may file a petition for judicial review
against the commissioner as defendant.
SECTION 2. Section 2251.103, Insurance Code, is amended by
adding Subsection (d) to read as follows:
(d) The commissioner shall issue an order following a
hearing under this section. The order is final and binding and not
subject to judicial review in the courts of this state except as
provided by Section 2251.007(b).
SECTION 3. Section 2251.104, Insurance Code, is amended by
adding Subsection (c) to read as follows:
(c) An order issued under this section is final and binding
and not subject to judicial review in the courts of this state
except as provided by Section 2251.007(b).
SECTION 4. Section 2251.007, Insurance Code, is amended to
read as follows:
Sec. 2251.007. ADMINISTRATIVE PROCEDURE ACT APPLICABLE.
(a) Chapter 2001, Government Code, applies to all rate hearings
conducted under this chapter.
(b) Notwithstanding Subsection (a), an appeal of a final
order issued under Section 2251.103 or 2251.104 based on an alleged
violation of a constitutional right must be commenced in the Court
of Appeals for the Third Court of Appeals District.
SECTION 5. This Act applies to an order issued under
Subchapter C, Chapter 2251, Insurance Code, on or after the
effective date of this Act. An order issued before the effective
date of this Act 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 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.