87S30211 SMT-D
By: Hunter H.B. No. 100
A BILL TO BE ENTITLED
AN ACT
relating to the setting of premium rates for Texas Windstorm
Insurance Association policies by the commissioner of insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 560.001, Insurance Code, is amended to
read as follows:
Sec. 560.001. DEFINITION OF INSURER. In this chapter,
"insurer" means an insurance company, reciprocal or interinsurance
exchange, mutual insurance company, farm mutual insurance company,
capital stock insurance company, county mutual insurance company,
Lloyd's plan, surplus lines insurer, or other legal entity engaged
in the business of insurance in this state. The term includes:
(1) an affiliate described by Section 823.003(a);
(2) [the Texas Windstorm Insurance Association
established under Chapter 2210;
[(3)] the FAIR Plan Association established under
Chapter 2211; and
(3) [(4)] the Texas Automobile Insurance Plan
Association established under Chapter 2151.
SECTION 2. Section 2210.259(a-1), Insurance Code, is
amended to read as follows:
(a-1) For a policy insuring a noncompliant residential
structure eligible for coverage under Section 2210.258(c), the
association shall charge:
(1) a premium set by the commissioner that is based on
the rate charged in the voluntary market for the portion of the
canceled or nonrenewed policy that provides windstorm and hail
insurance coverage for the applicable risk; and
(2) an annual premium surcharge in an amount equal to
10 percent of that premium.
SECTION 3. Subchapter H, Chapter 2210, Insurance Code, is
amended by adding Sections 2210.331, 2210.332, 2210.333, 2210.334,
2210.335, 2210.336, 2210.337, and 2210.338 to read as follows:
Sec. 2210.331. SETTING OF PREMIUM RATES. (a) The
commissioner shall set and adopt the premium rates to be charged for
association policies.
(b) A premium may not be charged for an association policy
at a rate different from the rate set and adopted by the
commissioner.
Sec. 2210.332. FACTORS CONSIDERED IN SETTING PREMIUM RATES.
(a) In setting premium rates, the commissioner shall consider all
relevant revenue and expenses of the association.
(b) The premium rates set by the commissioner must be:
(1) reasonable as to the public; and
(2) nonconfiscatory as to the association and member
insurers.
Sec. 2210.333. SUBMISSION OF DATA. (a) The association
shall annually submit to the department a report containing
information relating to:
(1) loss experience;
(2) expense of operation; and
(3) other matters material to premium rates as
determined by the department.
(b) The information must be submitted in the form and manner
prescribed by the department.
Sec. 2210.334. HEARING REQUIRED FOR SETTING PREMIUM RATE.
(a) A premium rate previously set by the commissioner may not be
changed until after the commissioner holds a public hearing.
(b) The commissioner shall order a public hearing to
consider changing a premium rate, including setting a new premium
rate, in response to a written request by the association. The
association may not request more than one hearing in a 12-month
period.
(c) A public hearing held under Subsection (a) shall be
conducted by the commissioner as a rulemaking hearing held under
Subchapter B, Chapter 2001, Government Code.
(d) The commissioner shall render a decision and issue a
final order not later than the 120th day after the date the
commissioner receives a written request under Subsection (b).
(e) The commissioner shall consider each matter presented
in a hearing under this section and announce in a public hearing all
decisions on all matters considered.
Sec. 2210.335. COURT PETITION. (a) The association may
petition a district court in Travis County to enter an order
requiring the commissioner to comply with the deadline described by
Section 2210.334(d).
(b) If the commissioner fails to comply with the
requirements of Section 2210.334(d), the association may petition a
district court in Travis County to adopt a premium rate based on the
record made in the hearing before the commissioner under Section
2210.334.
(c) If the record made in the hearing before the
commissioner is not complete before the request for the court to
adopt a premium rate under Subsection (b), the court shall hold an
evidentiary hearing to establish a record before adopting the
premium rate.
(d) After a petition has been filed under Subsection (b),
the commissioner may not issue findings or an order related to the
subject matter of the petition until after the date the court enters
a final judgment.
(e) A district court may appoint a magistrate to adopt a
premium rate under this section.
Sec. 2210.336. PERIODIC HEARING. The commissioner shall
hold a public hearing not earlier than July 1 after the fifth
anniversary of the closing of a hearing held under this subchapter
and not later than December 31 following that July 1 to consider the
setting of premium rates for the association under this subchapter.
Sec. 2210.337. COMMISSIONER AUTHORITY TO HOLD HEARINGS AS
NECESSARY. At any time, the commissioner may order a public hearing
to consider adoption of premium rates for the association under
this subchapter.
Sec. 2210.338. NOTICE OF CERTAIN HEARINGS. Not later than
the 60th day before the date of a hearing under Section 2210.334,
2210.336, or 2210.337, notice of the hearing and of each item to be
considered at the hearing shall be:
(1) sent directly to the association; and
(2) published in the Texas Register and on the
department's Internet website.
SECTION 4. Section 2210.351(b), Insurance Code, is amended
to read as follows:
(b) The association must file with the department each [A
filing under this section must indicate the character and the
extent of the coverage contemplated and must be accompanied by the]
policy and endorsement form [forms] proposed to be used. The forms
may be designed specifically for use by the association without
regard to other forms filed with, approved by, or prescribed by the
department for use in this state.
SECTION 5. Section 2210.363(a), Insurance Code, is amended
to read as follows:
(a) The commissioner may authorize the association to [may]
offer a person insured under this chapter an actuarially justified
premium discount on a policy issued by the association, or an
actuarially justified credit against a surcharge assessed against
the person, other than a surcharge assessed under Subchapter M, if:
(1) the construction, alteration, remodeling,
enlargement, or repair of, or an addition to, insurable property
exceeds applicable building code standards set forth in the plan of
operation; or
(2) the person elects to purchase a binding
arbitration endorsement under Section 2210.554.
SECTION 6. Section 2210.453(f), Insurance Code, is amended
to read as follows:
(f) The association may not purchase reinsurance under this
section from an insurer or broker involved in the execution of a
catastrophe model on which the association relies in [:
[(1)] determining the probable maximum loss applicable
for the period covered by the reinsurance [; or
[(2) adopting rates under Section 2210.355].
SECTION 7. The following provisions of the Insurance Code
are repealed:
(1) Section 2210.004(f);
(2) Sections 2210.351(a), (c), (d), (e), and (f); and
(3) Sections 2210.3511, 2210.3512, 2210.352,
2210.353, 2210.354, 2210.355, 2210.357, 2210.358, and 2210.359.
SECTION 8. The rates for Texas Windstorm Insurance
Association insurance policies on the effective date of this Act
remain in effect until the commissioner of insurance holds a
hearing to change the rates under Subchapter H, Chapter 2210,
Insurance Code, as amended by this Act.
SECTION 9. This Act takes effect on the 91st day after the
last day of the legislative session.