INSURANCE CODE
TITLE 2. TEXAS DEPARTMENT OF INSURANCE
SUBTITLE A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE
CHAPTER 37. RATEMAKING AND POLICY FORM PROCEEDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 37.001. CERTAIN PROCEEDINGS RELATING TO RATEMAKING AND
POLICY FORMS; RULES. (a) The commissioner shall adopt rules
governing proceedings necessary to approve or promulgate rates,
policy forms, or policy form endorsements under this code or
another insurance law of this state.
(b) The commissioner shall conduct the proceedings in accordance
with the rules adopted under this section.
(c) Rules adopted under this section must comply with this code
and any other insurance law of this state and must be adopted in
accordance with Chapter 2001, Government Code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER B. CERTAIN PROCEEDINGS RELATING TO RATES
Sec. 37.051. STREAMLINED PROCEDURES. (a) The department shall
study and the commissioner may adopt and implement procedures for
streamlining insurance rate proceedings under this code or
another insurance law of this state. The procedures must ensure
due process to each affected party.
(b) The commissioner shall consider this section in adopting
rules under Section 37.001.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,
1999.
Sec. 37.052. ROLE OF DEPARTMENT. (a) The application of this
section is subject to Chapter 40.
(b) The commissioner may designate the general counsel or an
assistant general counsel to serve as a hearings officer in a
proceeding in which insurance rates are set or in a prehearing
proceeding. The commissioner must make the final decision
relating to the rates to be set.
(c) The department shall provide evidence in proceedings before
the commissioner or the designated hearings officer that promotes
the adoption of fair and reasonable rates for underserved areas
to promote access to full insurance coverage for those areas.
(d) The department may appear as a matter of right as a party,
present evidence, or question a witness in a proceeding before
the commissioner or the designated hearings officer in which
insurance rates are set under this code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1071, Sec. 6, eff.
Sept. 1, 2001.
Sec. 37.053. EFFECTIVENESS OF RATE DURING APPEAL. (a) An order
of the commissioner that determines, approves, or sets a rate
under this code and that is appealed remains in effect during the
pendency of the appeal. An insurer shall use the rate provided in
the order while the appeal is pending.
(b) The rate is lawful and valid during the appeal, and an
insurer may not be required to make any refund from that rate
after a decision on the appeal is rendered.
(c) If the order is vacated on appeal, the rate established by
the commissioner before the vacated order was rendered remains in
effect from the date of remand until the commissioner makes a
further determination. The commissioner shall consider the
court's order in setting a future rate.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 12, eff. April 1,
2005.