El Paso herald. (El Paso, Tex.) 1901-1931, 1910-08-02

company dd,hO: Ia. "a. t-.Dsact bust
ness III this state to charge o higher
rate, but it is specially provided that
any insurance company may write any
risk a a lower rS<e than the maximum
rates promulgated by said board for
such risks.
No Increased RateS.
Sec -. That no change shall be
made by any company increasing tEe
premium rates in the general basis
schedules, or rates which have beef fill
ed in compliance with the requirements
Of this act, and the said rates Of the
respective companies shall not be in
creased by penalizing the risks or 9TH
erWise, except after thirty days notice
TO the secretary of said board, and the
insured, which notice shall plainly state
the changes proposed to be made in the
schedules Hereunder in force and upon
the respective property or risk, and the
time when such changes will go into eff
feet, provided that same shall not go
into effect until approved by said board;
and such changes shall be shown by
filing new schedules and rates or shall
be plainly indicated by an amendment
to the schedules in force at the time;
provided, that said board may, in its
discretion, and for good cause shown,
allow or direct changes to be made
upon notice for a shorter period than
that specified herein to meet the pecu-
liarities and demands Of local condi-
tions; provided also, that said board
may order changes in the rates of pre-
MUM to meet unusual or peculiar con-
ditions in any particular locality, by
giving noticelof its intention to do so
as herein provided
Provided, that said board shall have
the power, upon reasonable notice of it's
intention to do So TO direct any or all
such insurance companies, or on its
own motion, to alter. amend or revise.
the general basis schedules. or the spe
cific schedules of rates filed by any
company and TO publish notice of such
alteration, amendment, or revision, pro-
vided that nothing herein shall be con-
sidered to deny the right of any com
pany TO reduce its rates to conform
with any lower rate established or au-
thorized by said board applying to the
same character of risks under similar
circumstances and conditions.
To Pass on Policies.
Sec. -. That every insurance COM
pany authorized to transact business
in this state shall, before placing the
policy to be used by its agents to sub
nit same TO the fire rating board for
their approval or rejection, and said fire
rating board shall have the power to
prohibit the use of any policy, provis-
amendments, and it shall be it's duty to
prescribe and approve all forms of fire
insurance policies which approval shall
! be printed in bold type on each and
every USED or placed policy by any and
all companies doing a fire insurance
business in Texas
Premium Regulations.
Sec - That the provisions OF this
law shall not deal with the collections
hr.&
be permitted TO make such rules and
equations as it may deem Just be-
tween the company and its agents. and
no policy shall be declared void or in
any way affected by any Endorsement
not authorized by said board.
That the policies heretofore Written
containing clauses making said poll
! c1es void for the nom payment of pre-
miumS are hereby validated and held to
be in fun force and effect until the
expiration or cancellation of the same
And 1t is further provided that all
contracts of insurance written prior to
January l, 1910, shall not be affected
by any law passed by general or spe-
cial session of the 31st legislature, nor
shall any provision Of this law affect
| such contract, but il shall remain in
full force and effect according to its
stipuaations as originally entered into,
and that no endorsement or permit
entered into or attached to or pasted
upon said policy at any time, shall in
| any way affect its validity.
Revocation of Certificates.
Sec :. That the commissioner of in
surance and banking, If he shall find
that any insurance company, or any
officer, agent. or representative there
OF, has violated any of the provisions of
| this act, or fail to comply with any
orders of said board. may, at his discre-
| ton, and with the consent and approval
of the attorney general, revoke the GER
tificate of authority of such company,
| officer, agent, or representative to the
! infliction of any other penalty provided
/ by this act, and provided that any ac-
ton, decision, or determination of the
commissioner of insurance and banking,
| in such case, shall be subject to the re-
| view Of the courts of this state, as
| herein provided.
: Notice to Companies.
! Sec. That the state fire rating
board shall not make any regulations
| or orders without giving all the in
surance companies concerned reasonable
/ notice thereof, and an opportunity to
! appear to be heard with respect to
same, and if any insurance company or
| other person, or commercial body. or
| city, or municipality, which shall be in
| terested in any such order shall be dis
satisfied Win any regulation, or rate
adopted by said board, such insurance
| company, person, commercial body, city
or municipality, or their representa-
| lives, shall have the right within thirty
! days after the making of such rate, reg
! ulatiOn or order to bring an action
| against said board in the district court
! Of Travis county, Texas, to have such
| rate. regulation or order vacated or
modified, and shall set forth in the pc
! tition therein the particular ground or
| grounds of objection to any or all of
| such rates, regulations or orders. In
any such suit the issues shall be formed
and the controversy tried and determin-
! ed as in other civil cases; and the court
may modify, change, set aside, vacate or
annul one or more or any part of any
OF the regulations, orders or rates
adopted or fixed by said board which
shall be found by the court to be I'M
reasonable, unjust excessive, or mad
| equate, to compensate the company
| writing insurance thereon for the risks
| assumed by it, without disturbing 9TH
ers- No injunction, interloctutory order
or decree suspencsng or restraining di-
rectly, or Indirectly. the enforcement OF
any order of said board, shall be grant