Texas 2013 - 83rd Regular

Texas Senate Bill SB733 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Carona S.B. No. 733
2	2	(Sheets)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Automobile Insurance Plan Association.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (c), Section 2151.103, Insurance
10	10	Code, is amended to read as follows:
11	11	(c) The association may bring an action to collect an
12	12	assessment against an authorized insurer that does not pay the
13	13	assessment within a reasonable time. In addition, the association
14	14	may report to the commissioner an authorized insurer's failure to
15	15	pay the assessment to the association [commissioner]. The
16	16	commissioner may institute a disciplinary action against the
17	17	insurer under Chapter 82.
18	18	SECTION 2. Subchapter B, Chapter 2151, Insurance Code, is
19	19	amended by adding Section 2151.057 to read as follows:
20	20	Sec. 2151.057. COMMITTEE MEETINGS BY TELEPHONE AND
21	21	VIDEOCONFERENCE. (a) Chapter 551, Government Code, applies to a
22	22	meeting of the governing committee.
23	23	(b) Notwithstanding Chapter 551, Government Code, or any
24	24	other law, the governing committee may meet by telephone conference
25	25	call, videoconference, or other similar telecommunication method
26	26	for any meeting purpose, including conducting a vote or
27	27	establishing a quorum, regardless of the subject matter discussed
28	28	or considered.
29	29	(c) A meeting authorized by this section is subject to the
30	30	notice requirements that apply to other meetings of the governing
31	31	committee under Chapter 551, Government Code.
32	32	(d) The notice of a meeting authorized by this section must:
33	33	(1) specify that the location of the meeting is a
34	34	location at which at least one member of the governing committee is
35	35	physically present; and
36	36	(2) state clear instructions and requirements for
37	37	electronic attendance by a member of the committee.
38	38	(e) Each part of a meeting authorized by this section must
39	39	be audible to the public at the location specified by Subsection
40	40	(d).
41	41	(f) Two-way audio communication must be available during
42	42	the entire meeting between all members of the governing committee
43	43	attending a meeting authorized by this section, and if the two-way
44	44	audio communication is disrupted so that a quorum of the committee
45	45	is no longer participating in the meeting, the meeting may not
46	46	continue until the two-way audio communication is reestablished.
47	47	SECTION 3. Subsections (a) and (b), Section 2151.153,
48	48	Insurance Code, are amended to read as follows:
49	49	(a) The plan of operation must include an incentive program
50	50	[programs] to [encourage authorized insurers to write insurance on
51	51	a voluntary basis and to minimize the use of the association as a
52	52	means to obtain insurance.
53	53	[(b) One incentive program must] target underserved
54	54	geographic areas, which the commissioner by rule shall designate.
55	55	In designating underserved areas, the commissioner shall consider
56	56	with respect to an area:
57	57	(1) the availability of insurance;
58	58	(2) the number of uninsured drivers;
59	59	(3) the number of drivers insured through the
60	60	association; and
61	61	(4) any other relevant factor.
62	62	(b) The plan of operation may include other incentive
63	63	programs to encourage authorized insurers to write insurance on a
64	64	voluntary basis and to minimize the use of the association as a
65	65	means to obtain insurance.
66	66	SECTION 4. Subsection (a), Section 2151.202, Insurance
67	67	Code, is amended to read as follows:
68	68	(a) The association shall file [annually] with the
69	69	department rates to be charged for insurance provided through the
70	70	association for approval by the commissioner.
71	71	SECTION 5. Subchapter E, Chapter 2151, Insurance Code, is
72	72	amended by adding Sections 2151.2021, 2151.2022, and 2151.2023 to
73	73	read as follows:
74	74	Sec. 2151.2021. FILE AND USE. The association may use a
75	75	rate, excluding a rate described by Section 2151.2041, on the later
76	76	of the date specified by the association in the filing or the date
77	77	the rate is approved or considered approved under this subchapter.
78	78	Sec. 2151.2022. COMMISSIONER ACTION ON CERTAIN RATE
79	79	FILINGS. (a) Not later than the 30th day after the date the
80	80	association files a rate, excluding a rate described by Section
81	81	2151.2041, the commissioner shall:
82	82	(1) approve the rate if the commissioner determines
83	83	that the rate meets the standards under Section 2151.201; or
84	84	(2) disapprove the rate if the commissioner determines
85	85	that the rate does not meet the standards under Section 2151.201.
86	86	(b) If the commissioner fails to act as required under
87	87	Subsection (a) on or before the 30th day after the date the rate is
88	88	filed, the rate is considered approved on the 31st day after the
89	89	date of filing unless the approval period is extended under
90	90	Subsection (c).
91	91	(c) The commissioner may extend the approval period under
92	92	Subsection (a) for one additional period not to exceed 30 days. The
93	93	commissioner and the association may agree to extend the approval
94	94	period for additional periods not to exceed 30 days. If the
95	95	commissioner does not affirmatively approve or disapprove the rate
96	96	before the extended period expires, the rate is considered approved
97	97	on the day after the date the extended period expires.
98	98	Sec. 2151.2023. NOTICE OF RATE APPROVAL OR DISAPPROVAL.
99	99	The commissioner shall give written notice by first class mail or
100	100	electronic mail to the association of the approval or disapproval
101	101	by the commissioner of the rate filed under Section 2151.202 or that
102	102	the rate is considered approved under Section 2151.2022.
103	103	SECTION 6. Subchapter E, Chapter 2151, Insurance Code, is
104	104	amended by adding Section 2151.2041 to read as follows:
105	105	Sec. 2151.2041. HEARING ON CERTAIN RATE FILINGS. If the
106	106	association files a rate under Section 2151.202 that exceeds 105
107	107	percent of the current average rate for each coverage written
108	108	through the association on the date of the filing, the commissioner
109	109	shall conduct a hearing under Section 2151.206.
110	110	SECTION 7. Section 2151.205, Insurance Code, is amended to
111	111	read as follows:
112	112	Sec. 2151.205. OPPORTUNITY TO REVIEW FILING. Before
113	113	approving, disapproving, or modifying a filing described by [made
114	114	under] Section 2151.2041 [2151.202], the commissioner must provide
115	115	to all interested persons a reasonable opportunity to:
116	116	(1) review the filing;
117	117	(2) obtain a copy of the filing on payment of any
118	118	legally required copying cost; and
119	119	(3) submit to the commissioner written comments,
120	120	analyses, or information related to the filing.
121	121	SECTION 8. Subsection (a), Section 2151.206, Insurance
122	122	Code, is amended to read as follows:
123	123	(a) Not later than the 45th day after the date the
124	124	department receives a filing described [required] by Section
125	125	2151.2041 [2151.202], the commissioner shall schedule a hearing at
126	126	which interested persons may present written or oral comments
127	127	relating to the filing.
128	128	SECTION 9. Section 2151.208, Insurance Code, is amended to
129	129	read as follows:
130	130	Sec. 2151.208. AMENDED FILING. The association may file
131	131	with the commissioner an amended filing to comply with the
132	132	commissioner's comments not later than the 10th day after the date
133	133	the association receives the commissioner's written disapproval
134	134	under Section 2151.2023 or 2151.207.
135	135	SECTION 10. This Act applies to a rate filing made under
136	136	Subchapter E, Chapter 2151, Insurance Code, as amended by this Act,
137	137	on or after the effective date of this Act. A rate filing made
138	138	before the effective date of this Act is governed by the law as it
139	139	existed immediately before the effective date of this Act, and that
140	140	law is continued in effect for that purpose.
141	141	SECTION 11. This Act takes effect immediately if it
142	142	receives a vote of two-thirds of all the members elected to each
143	143	house, as provided by Section 39, Article III, Texas Constitution.
144	144	If this Act does not receive the vote necessary for immediate
145	145	effect, this Act takes effect September 1, 2013.