reglab/housing_qa huggingface dataset:
TX Ins Code § 2251.0031 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter A. General Provisions for Rates|Section 2251.0031. Exceptions for Certain Lines

Sec. 2251.0031.  EXCEPTIONS FOR CERTAIN LINES.  (a)  Except as provided by Subsection (d), Subchapter C does not apply to any line of the following kinds of insurance written under a commercial insurance policy or contract issued by an insurer authorized to engage in the business of insurance in this state:(1)  surety bonds; (2)  fidelity bonds;(3)  commercial inland marine;(4)  boiler and machinery;(5)  environmental impairment or pollution liability;(6)  kidnap and ransom;(7)  political risk or expropriation;(8)  commercial excess liability or umbrella liability;(9)  directors' and officers' liability; (10)  fiduciary liability;(11)  employment practices liability;(12)  errors and omission and professional liability other than medical professional liability;(13)  media liability;(14)  product liability, product recall, or completed operations;(15)  commercial cybersecurity, including first- and third-party commercial lines coverage for losses arising out of or relating to data privacy breaches, network security, computer viruses, and similar exposures;(16)  highly protected commercial property;(17)  commercial flood insurance not provided through the National Flood Insurance Program; or(18)  any combination of only the kinds of insurance listed in this subsection or exempted under Subsection (c).(b)  For purposes of Subsection (a), "highly protected commercial property" is commercial property that is subject to a much lower than normal probability of loss due to low-hazard occupancy or property type, superior construction, special fire protection equipment and procedures, and management commitment to loss prevention.(c)  The commissioner by rule may exempt a commercial line of insurance or commercial risk not listed in Subsection (a) from the rate filing requirements of Subchapter C to promote enhanced competition or more effectively use the resources of the department that might otherwise be used to review commercial lines filings.(d)  Notwithstanding Subsection (a), the commissioner may temporarily require rate filings under Subchapter C for a specific kind of insurance listed in Subsection (a) for a period of not longer than one year if, after notice and hearing, the commissioner issues an order that:(1)  includes a finding that a reasonable degree of competition does not exist for that specific kind of insurance; and(2)  specifies the relevant tests and test results used to determine the degree of competition for that kind of insurance.(e)  In the absence of a finding described by Subsection (d) with respect to a specific kind of insurance, a competitive market is presumed to exist for that kind of insurance.(f)  The commissioner may adopt reasonable and necessary rules to implement this section.|Added by Acts 2021, 87th Leg., R.S., Ch. 42 (S.B. 1367), Sec. 3, eff. September 1, 2021.|
TX Ins Code § 2251.004 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter A. General Provisions for Rates|Section 2251.004. Regulation of Inland Marine Rates

Sec. 2251.004.  REGULATION OF INLAND MARINE RATES.  The commissioner shall adopt rules governing the manner in which rates for the various classifications of risks insured under inland marine insurance, as determined by the commissioner, are regulated.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.005 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter A. General Provisions for Rates|Section 2251.005. Notice of Rate Increase for Residential Property Insurance Policies

Sec. 2251.005.  NOTICE OF RATE INCREASE FOR RESIDENTIAL PROPERTY INSURANCE POLICIES.  (a)  An insurer shall notify a policyholder of a residential property insurance policy issued by the insurer of a rate increase scheduled to take effect on the policy's renewal that will result in a premium amount to be paid by the policyholder that is at least 10 percent greater than the lesser of:(1)  the premium amount paid by the policyholder for coverage under the policy during the 12-month period preceding the policy's renewal date; or(2)  the premium amount paid by the policyholder for coverage under the policy during the policy period preceding the policy's renewal date.(b)  An insurer shall send the notice required by Subsection (a) before the renewal date and not later than the 30th day before the date the rate increase is scheduled to take effect.(c)  An insurer may send the notice described by Subsection (a) to any policyholder of a residential property insurance policy issued by the insurer, regardless of whether the policyholder's premium amount will increase as a result of the scheduled rate change.(d)  The commissioner by rule may exempt an insurer from the notice requirements of this section for a short-term policy, as defined by the commissioner, that is written by the insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.006 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter A. General Provisions for Rates|Section 2251.006. Consideration of Certain Other Law

Sec. 2251.006.  CONSIDERATION OF CERTAIN OTHER LAW.  In reviewing rates under this chapter, the commissioner shall consider any state or federal law that may affect rates for liability coverage included in an insurance policy subject to this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.007 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter A. General Provisions for Rates|Section 2251.007. Administrative Procedure Act Applicable

Sec. 2251.007.  ADMINISTRATIVE PROCEDURE ACT APPLICABLE.  Chapter 2001, Government Code, applies to all rate hearings conducted under this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.008 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter A. General Provisions for Rates|Section 2251.008. Annual Report of Insurer; Legislative Report

Sec. 2251.008.  ANNUAL REPORT OF INSURER; LEGISLATIVE REPORT.  (a)  The commissioner shall require each insurer subject to this subchapter to annually file with the commissioner information relating to changes in losses, premiums, and market share since January 1, 1993.  The commissioner may require an insurer subject to this subchapter to report to the commissioner, in the form and in the time required by the commissioner, any other information the commissioner determines is necessary to comply with this section.(b)  Annually, the commissioner shall report to the governor, the lieutenant governor, the speaker of the house of representatives, the legislature, and the public regarding:(1)  the information provided to the commissioner, other than information made confidential by law, in the insurers' reports under Subsection (a); and(2)  market conduct, especially rates and consumer complaints.(c)  The report required by this section must cover a calendar year and:(1)  for each insurer that writes a line of insurance subject to this subchapter, must state the insurer's:(A)  market share;(B)  profits and losses;(C)  average loss ratio; and(D)  whether the insurer submitted a rate filing during the year covered in the report; and(2)  for each rate filing submitted under Subdivision (1)(D), must indicate any significant impact on policyholders, the overall rate change from the rate previously used by the insurer stated as a percentage, and any rate changes for the previous 12, 24, and 36 months.(d)  Except as provided by Subsection (e), the annual report required by this section must be made available to the governor, lieutenant governor, speaker of the house of representatives, legislature, and public not later than the 90th day after the last day of the calendar year covered by the report.(e)  If the commissioner determines that it is not feasible to provide the report required by this section within the period specified by Subsection (d) for all lines of insurance subject to this subchapter, the department:(1)  shall make the annual report, as applicable to lines of residential property insurance and personal automobile insurance, available within the period specified by Subsection (d); and(2)  may delay publication of the annual report as it relates to other lines of insurance subject to this subchapter until a date specified by the commissioner.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 151 (S.B. 611), Sec. 2, eff. May 21, 2007.Acts 2015, 84th Leg., R.S., Ch. 42 (S.B. 784), Sec. 1.02, eff. September 1, 2015.|
TX Ins Code § 2251.051 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter B. Rate Standards|Section 2251.051. Excessive, Inadequate, and Unfairly Discriminatory Rates

Sec. 2251.051.  EXCESSIVE, INADEQUATE, AND UNFAIRLY DISCRIMINATORY RATES.  (a)  A rate is excessive, inadequate, or unfairly discriminatory for purposes of this chapter as provided by this section.(b)  A rate is excessive if the rate is likely to produce a long-term profit that is unreasonably high in relation to the insurance coverage provided.(c)  A rate is inadequate if:(1)  the rate is insufficient to sustain projected losses and expenses to which the rate applies; and(2)  continued use of the rate:(A)  endangers the solvency of an insurer using the rate; or(B)  has the effect of substantially lessening competition or creating a monopoly in a market.(d)  A rate is unfairly discriminatory if the rate:(1)  is not based on sound actuarial principles;(2)  does not bear a reasonable relationship to the expected loss and expense experience among risks; or(3)  is based wholly or partly on the race, creed, color, ethnicity, or national origin of the policyholder or an insured.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.052 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter B. Rate Standards|Section 2251.052. Rate Standards

Sec. 2251.052.  RATE STANDARDS.  (a)  In setting rates, an insurer shall consider:(1)  past and prospective loss experience:(A)  inside this state; and(B)  outside this state if the data from this state are not credible;(2)  the peculiar hazards and experiences of individual risks, past and prospective, inside and outside this state;(3)  the insurer's actuarially credible historical premium, exposure, loss, and expense experience;(4)  catastrophe hazards in this state;(5)  operating expenses, excluding disallowed expenses;(6)  investment income;(7)  a reasonable margin for profit; and(8)  any other factors inside and outside this state:(A)  determined to be relevant by the insurer; and(B)  not disallowed by the commissioner.(b)  A rate may not be excessive, inadequate, unreasonable, or unfairly discriminatory for the risks to which the rate applies.(c)  The insurer may:(1)  group risks by classification to establish rates and minimum premiums; and(2)  modify classification rates to produce rates for individual risks in accordance with rating plans that establish standards for measuring variations in those risks on the basis of any factor listed in Subsection (a).(d)  In setting rates that apply only to policyholders in this state, an insurer shall use available premium, loss, claim, and exposure information from this state to the full extent of the actuarial credibility of that information.  The insurer may use experience from outside this state as necessary to supplement information from this state that is not actuarially credible.(e)  In determining rating territories and territorial rates, an insurer shall use methods based on sound actuarial principles.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.101 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.101. Rate Filings and Supporting Information

Sec. 2251.101.  RATE FILINGS AND SUPPORTING INFORMATION.  (a)  Except as provided by Subchapter D, for risks written in this state, each insurer shall file with the commissioner all rates, applicable rating manuals, supplementary rating information, and additional information as required by the commissioner.  An insurer may use a rate filed under this subchapter on and after the date the rate is filed.(b)  The commissioner by rule shall:(1)  determine the information required to be included in the filing, including:(A)  categories of supporting information and supplementary rating information;(B)  statistics or other information to support the rates to be used by the insurer;(C)  information necessary to evidence that the computation of the rate does not include disallowed expenses for personal lines; and(D)  information concerning policy fees, service fees, and other fees that are charged or collected by the insurer under Section 550.001 or 4005.003; and(2)  prescribe the process through which the department requests supplementary rating information and supporting information under this section, including:(A)  the number of times the department may make a request for information; and(B)  the types of information the department may request when reviewing a rate filing.(c)  This section does not apply to rates for use with an insured that has:(1)  total insured property values of $5 million or more;(2)  total annual gross revenues of $10 million or more; or(3)  a total premium of $25,000 or more for property insurance, $25,000 or more for general liability insurance, or $50,000 or more for multi-peril insurance.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.005, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 42 (S.B. 784), Sec. 1.03, eff. September 1, 2015.Acts 2021, 87th Leg., R.S., Ch. 42 (S.B. 1367), Sec. 4, eff. September 1, 2021.|
TX Ins Code § 2251.102 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.102. Filing Requirements for Insurers With Less Than Five Percent of Market

Sec. 2251.102.  FILING REQUIREMENTS FOR INSURERS WITH LESS THAN FIVE PERCENT OF MARKET.  In determining filing requirements under Section 2251.101 for an insurer with less than five percent of the market, the commissioner shall consider insurer and market-specific attributes, as applicable.  The commissioner shall determine filing requirements for those insurers accordingly to accommodate premium volume and loss experience, targeted markets, limitations on coverage, and any potential barriers to market entry or growth.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.103 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.103. Commissioner Action Concerning Rate Filing Not Yet in Effect; Hearing and Analysis

Sec. 2251.103.  COMMISSIONER ACTION CONCERNING RATE FILING NOT YET IN EFFECT; HEARING AND ANALYSIS.  (a)  Not later than the earlier of the date the rate takes effect or the 30th day after the date a rate is filed with the department under Section 2251.101, the commissioner shall disapprove the rate if the commissioner determines that the rate does not comply with the requirements of this chapter.(b)  Except as provided by Subsection (c), if a rate has not been disapproved by the commissioner before the expiration of the 30-day period described by Subsection (a), the rate is not considered disapproved under this section.(c)  For good cause, the commissioner may, on the expiration of the 30-day period described by Subsection (a), extend the period for disapproval of a rate for one additional 30-day period.  The commissioner and the insurer may not by agreement extend the 30-day period described by Subsection (a) or this subsection.(d)  If the commissioner disapproves a rate under this section, the commissioner shall issue an order specifying in what respects the rate fails to meet the requirements of this chapter.(e)  An insurer that files a rate that is disapproved under this section is entitled to a hearing on written request made to the commissioner not later than the 30th day after the date the order disapproving the rate takes effect.(f)  The department shall track, compile, and routinely analyze the factors that contribute to the disapproval of rates under this section.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.006, eff. September 1, 2011.|
TX Ins Code § 2251.1031 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.1031. Requests for Additional Information

Sec. 2251.1031.  REQUESTS FOR ADDITIONAL INFORMATION.  (a)  If the department determines that the information filed by an insurer under this subchapter or Subchapter D is incomplete or otherwise deficient, the department may request additional information from the insurer.(b)  If the department requests additional information from the insurer during the 30-day period described by Section 2251.103(a) or 2251.153(a) or under a second 30-day period described by Section 2251.103(c) or 2251.153(c), as applicable, the time between the date the department submits the request to the insurer and the date the department receives the information requested is not included in the computation of the first 30-day period or the second 30-day period, as applicable.(c)  For purposes of this section, the date of the department's submission of a request for additional information is the earlier of:(1)  the date of the department's electronic mailing or documented telephone call relating to the request for additional information; or(2)  the postmarked date on the department's letter relating to the request for additional information.(d)  The department shall track, compile, and routinely analyze the volume and content of requests for additional information made under this section to ensure that all requests for additional information are fair and reasonable.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.007, eff. September 1, 2011.|
TX Ins Code § 2251.104 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.104. Commissioner Disapproval of Rate in Effect; Hearing

Sec. 2251.104.  COMMISSIONER DISAPPROVAL OF RATE IN EFFECT; HEARING.  (a)  The commissioner may disapprove a rate that is in effect only after a hearing.  The commissioner shall provide the filer at least 20 days' written notice.(b)  The commissioner must issue an order disapproving a rate under Subsection (a) not later than the 15th day after the close of the hearing.  The order must:(1)  specify in what respects the rate fails to meet the requirements of this chapter; and(2)  state the date on which further use of the rate is prohibited, which may not be earlier than the 45th day after the close of the hearing under this section.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.008, eff. September 1, 2011.|
TX Ins Code § 2251.105 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.105. Grievance

Sec. 2251.105.  GRIEVANCE.  (a)  An insured who is aggrieved with respect to any filing under this chapter that is in effect, or the public insurance counsel, may apply to the commissioner in writing for a hearing on the filing.  The application must specify the grounds for the applicant's grievance.(b)  The commissioner shall hold a hearing on an application filed under Subsection (a) not later than the 30th day after the date the commissioner receives the application if the commissioner determines that:(1)  the application is made in good faith;(2)  the applicant would be aggrieved as alleged if the grounds specified in the application were established; and(3)  the grounds specified in the application otherwise justify holding the hearing.(c)  The commissioner shall provide written notice of a hearing under Subsection (b) to the applicant and each insurer that made the filing not later than the 10th day before the date of the hearing.(d)  If, after the hearing, the commissioner determines that the filing does not meet the requirements of this chapter, the commissioner shall issue an order:(1)  specifying in what respects the filing fails to meet those requirements; and(2)  stating the date on which the filing is no longer in effect, which must be within a reasonable period after the order date.(e)  The commissioner shall send copies of the order issued under Subsection (d) to the applicant and each affected insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.106 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.106. Role of Public Insurance Counsel

Sec. 2251.106.  ROLE OF PUBLIC INSURANCE COUNSEL.  (a)  On request to the commissioner, the public insurance counsel may review all rate filings and additional information provided by an insurer under this chapter.  Confidential information reviewed under this subsection remains confidential.(b)  The public insurance counsel, not later than the 30th day after the date of a rate filing under this chapter, may file with the commissioner a written objection to:(1)  an insurer's rate filing; or(2)  the criteria on which the insurer relied to determine the rate.(c)  A written objection filed under Subsection (b) must contain the reasons for the objection.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2251.107 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2251 - Rates|Subchapter C. Rate Filings|Section 2251.107. Public Information

Sec. 2251.107.  PUBLIC INFORMATION.  (a) Each filing made, and any supporting information filed, under this chapter is public information subject to Chapter 552, Government Code, including any applicable exception from required disclosure under that chapter.(b)  Each year the department shall make available to the public information concerning the department's general process and methodology for rate review under this chapter, including factors that contribute to the disapproval of a rate.  Information provided under this subsection must be general in nature and may not reveal proprietary or trade secret information of any insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.009, eff. September 1, 2011.|