State Codes and Statutes
Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-1953-rate-regulation-and-ratemaking-for-automobile-insurance
INSURANCE CODE
TITLE 10. PROPERTY AND CASUALTY INSURANCE
SUBTITLE C. AUTOMOBILE INSURANCE
CHAPTER 1953. RATE REGULATION AND RATEMAKING FOR AUTOMOBILE
INSURANCE
SUBCHAPTER A. RATE REGULATION
Sec. 1953.001. EXCLUSION OF CERTAIN TYPES OR CLASSES OF
INSURANCE FROM CERTAIN REGULATIONS. (a) This section applies
only to insurance against liability for damages arising out of
the ownership, operation, maintenance, or use of a motor vehicle
described by Article 5.01 or against loss of or damage to a motor
vehicle described by Article 5.01 that, in the judgment of the
commissioner, is a type or class of insurance that is also the
subject of or is more properly regulated under other insurance
rating laws that cover that type or class of insurance.
(b) A type or class of insurance to which this section applies
is excluded from regulation under this chapter and:
(1) Articles 5.01, 5.01B, 5.03, 5.04, 5.04-1, 5.06, 5.10, and
5.11;
(2) Chapters 251 and 254;
(3) Subchapters A and B, Chapter 1806; and
(4) Chapters 1951 and 1952.
(c) If the commissioner finds that a type or class of insurance
to which this section applies is also the subject of or is more
properly regulated under other insurance rating laws that cover
that type or class of insurance, the commissioner shall issue an
order declaring which other insurance rating laws apply to:
(1) the type or class of insurance; and
(2) any motor vehicle equipment described by Article 5.01.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
SUBCHAPTER B. RATEMAKING
Sec. 1953.051. CERTAIN RATING PLANS PROHIBITED. A rating plan
regarding the writing of automobile insurance, other than
insurance written under Chapter 2151, may not:
(1) assign a rate consequence to a charge or conviction for a
violation of Subtitle C, Title 7, Transportation Code; or
(2) otherwise cause premiums for automobile insurance to be
increased because of a charge or conviction described by
Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.052. PREMIUM SURCHARGE REQUIRED. (a) An insurer
described by Section 1952.001 shall assess a premium surcharge in
an amount prescribed by the department against an insured for no
more than three years immediately following the date the insured
is convicted of:
(1) an offense relating to the operating of a motor vehicle
while intoxicated in violation of Section 49.04 or 49.07, Penal
Code; or
(2) an offense under Section 49.08, Penal Code.
(b) An insurer may apply the premium surcharge described by
Subsection (a) only to a private passenger automobile policy, as
defined by the department.
(c) If an insured assessed a premium surcharge under Subsection
(a) is convicted of an offense under one of the statutes listed
in Subsection (a)(1) or (2) during the period the insured is
assessed the premium surcharge, the period for which the premium
surcharge is assessed is increased by three additional
consecutive years for each conviction.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
SUBCHAPTER C. LOSS AND EXPENSE EXPERIENCE
Sec. 1953.101. RECORDING AND REPORTING OF LOSS AND EXPENSE
EXPERIENCE AND OTHER DATA. (a) The commissioner shall adopt
reasonable rules and statistical plans for the recording and
reporting of loss experience and other required data by insurers.
The rules and plans must ensure that each insurer's total loss
and expense experience is made available at least as frequently
as annually in the form and with the detail necessary to aid in
determining whether rates and rating systems in use under the
following provisions comply with the standards adopted under
those provisions:
(1) this chapter;
(2) Articles 5.01, 5.03, and 5.04, if applicable;
(3) Subchapters A and B, Chapter 1806; and
(4) Chapters 1951 and 1952.
(b) In adopting the rules, the commissioner shall adopt rules
that are as uniform as is practicable to the rules and forms of
statistical plans used in other states.
(c) Each insurer shall use the statistical plans adopted under
this section to record and report loss experience and other
required data in accordance with the rules adopted by the
commissioner.
(d) The commissioner may modify statistical plans adopted under
this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.102. RULES ALLOWING INTERCHANGE OF LOSS EXPERIENCE
INFORMATION. The commissioner may adopt reasonable rules to
allow the interchange of loss experience information as necessary
for the application of rating plans.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.103. EXCHANGE OF INFORMATION AND EXPERIENCE DATA WITH
OTHER STATES. To further the uniform administration of rating
laws, the department or an insurer may:
(1) exchange information and experience data with insurance
supervisory officials, insurers, and rating organizations in
other states; and
(2) consult and cooperate with the individuals or entities
described by Subdivision (1) with respect to ratemaking and the
application of rating systems.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.104. SWORN STATEMENTS. (a) The department may
require a sworn statement from an insurer affected by this
subchapter that shows:
(1) the insurer's experience on any classification or
classifications of risks; and
(2) other information that is necessary or helpful in performing
duties or exercising authority imposed by law.
(b) The department shall prescribe the necessary forms for
statements and reports required under Subsection (a) with due
regard for the rules, methods, and forms in use in other states
for similar purposes so that uniformity of statistics is not
disturbed.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
State Codes and Statutes
Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-1953-rate-regulation-and-ratemaking-for-automobile-insurance
INSURANCE CODE
TITLE 10. PROPERTY AND CASUALTY INSURANCE
SUBTITLE C. AUTOMOBILE INSURANCE
CHAPTER 1953. RATE REGULATION AND RATEMAKING FOR AUTOMOBILE
INSURANCE
SUBCHAPTER A. RATE REGULATION
Sec. 1953.001. EXCLUSION OF CERTAIN TYPES OR CLASSES OF
INSURANCE FROM CERTAIN REGULATIONS. (a) This section applies
only to insurance against liability for damages arising out of
the ownership, operation, maintenance, or use of a motor vehicle
described by Article 5.01 or against loss of or damage to a motor
vehicle described by Article 5.01 that, in the judgment of the
commissioner, is a type or class of insurance that is also the
subject of or is more properly regulated under other insurance
rating laws that cover that type or class of insurance.
(b) A type or class of insurance to which this section applies
is excluded from regulation under this chapter and:
(1) Articles 5.01, 5.01B, 5.03, 5.04, 5.04-1, 5.06, 5.10, and
5.11;
(2) Chapters 251 and 254;
(3) Subchapters A and B, Chapter 1806; and
(4) Chapters 1951 and 1952.
(c) If the commissioner finds that a type or class of insurance
to which this section applies is also the subject of or is more
properly regulated under other insurance rating laws that cover
that type or class of insurance, the commissioner shall issue an
order declaring which other insurance rating laws apply to:
(1) the type or class of insurance; and
(2) any motor vehicle equipment described by Article 5.01.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
SUBCHAPTER B. RATEMAKING
Sec. 1953.051. CERTAIN RATING PLANS PROHIBITED. A rating plan
regarding the writing of automobile insurance, other than
insurance written under Chapter 2151, may not:
(1) assign a rate consequence to a charge or conviction for a
violation of Subtitle C, Title 7, Transportation Code; or
(2) otherwise cause premiums for automobile insurance to be
increased because of a charge or conviction described by
Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.052. PREMIUM SURCHARGE REQUIRED. (a) An insurer
described by Section 1952.001 shall assess a premium surcharge in
an amount prescribed by the department against an insured for no
more than three years immediately following the date the insured
is convicted of:
(1) an offense relating to the operating of a motor vehicle
while intoxicated in violation of Section 49.04 or 49.07, Penal
Code; or
(2) an offense under Section 49.08, Penal Code.
(b) An insurer may apply the premium surcharge described by
Subsection (a) only to a private passenger automobile policy, as
defined by the department.
(c) If an insured assessed a premium surcharge under Subsection
(a) is convicted of an offense under one of the statutes listed
in Subsection (a)(1) or (2) during the period the insured is
assessed the premium surcharge, the period for which the premium
surcharge is assessed is increased by three additional
consecutive years for each conviction.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
SUBCHAPTER C. LOSS AND EXPENSE EXPERIENCE
Sec. 1953.101. RECORDING AND REPORTING OF LOSS AND EXPENSE
EXPERIENCE AND OTHER DATA. (a) The commissioner shall adopt
reasonable rules and statistical plans for the recording and
reporting of loss experience and other required data by insurers.
The rules and plans must ensure that each insurer's total loss
and expense experience is made available at least as frequently
as annually in the form and with the detail necessary to aid in
determining whether rates and rating systems in use under the
following provisions comply with the standards adopted under
those provisions:
(1) this chapter;
(2) Articles 5.01, 5.03, and 5.04, if applicable;
(3) Subchapters A and B, Chapter 1806; and
(4) Chapters 1951 and 1952.
(b) In adopting the rules, the commissioner shall adopt rules
that are as uniform as is practicable to the rules and forms of
statistical plans used in other states.
(c) Each insurer shall use the statistical plans adopted under
this section to record and report loss experience and other
required data in accordance with the rules adopted by the
commissioner.
(d) The commissioner may modify statistical plans adopted under
this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.102. RULES ALLOWING INTERCHANGE OF LOSS EXPERIENCE
INFORMATION. The commissioner may adopt reasonable rules to
allow the interchange of loss experience information as necessary
for the application of rating plans.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.103. EXCHANGE OF INFORMATION AND EXPERIENCE DATA WITH
OTHER STATES. To further the uniform administration of rating
laws, the department or an insurer may:
(1) exchange information and experience data with insurance
supervisory officials, insurers, and rating organizations in
other states; and
(2) consult and cooperate with the individuals or entities
described by Subdivision (1) with respect to ratemaking and the
application of rating systems.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.104. SWORN STATEMENTS. (a) The department may
require a sworn statement from an insurer affected by this
subchapter that shows:
(1) the insurer's experience on any classification or
classifications of risks; and
(2) other information that is necessary or helpful in performing
duties or exercising authority imposed by law.
(b) The department shall prescribe the necessary forms for
statements and reports required under Subsection (a) with due
regard for the rules, methods, and forms in use in other states
for similar purposes so that uniformity of statistics is not
disturbed.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Insurance-code >
Title-10-property-and-casualty-insurance >
Chapter-1953-rate-regulation-and-ratemaking-for-automobile-insurance INSURANCE CODE
TITLE 10. PROPERTY AND CASUALTY INSURANCE
SUBTITLE C. AUTOMOBILE INSURANCE
CHAPTER 1953. RATE REGULATION AND RATEMAKING FOR AUTOMOBILE
INSURANCE
SUBCHAPTER A. RATE REGULATION
Sec. 1953.001. EXCLUSION OF CERTAIN TYPES OR CLASSES OF
INSURANCE FROM CERTAIN REGULATIONS. (a) This section applies
only to insurance against liability for damages arising out of
the ownership, operation, maintenance, or use of a motor vehicle
described by Article 5.01 or against loss of or damage to a motor
vehicle described by Article 5.01 that, in the judgment of the
commissioner, is a type or class of insurance that is also the
subject of or is more properly regulated under other insurance
rating laws that cover that type or class of insurance.
(b) A type or class of insurance to which this section applies
is excluded from regulation under this chapter and:
(1) Articles 5.01, 5.01B, 5.03, 5.04, 5.04-1, 5.06, 5.10, and
5.11;
(2) Chapters 251 and 254;
(3) Subchapters A and B, Chapter 1806; and
(4) Chapters 1951 and 1952.
(c) If the commissioner finds that a type or class of insurance
to which this section applies is also the subject of or is more
properly regulated under other insurance rating laws that cover
that type or class of insurance, the commissioner shall issue an
order declaring which other insurance rating laws apply to:
(1) the type or class of insurance; and
(2) any motor vehicle equipment described by Article 5.01.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
SUBCHAPTER B. RATEMAKING
Sec. 1953.051. CERTAIN RATING PLANS PROHIBITED. A rating plan
regarding the writing of automobile insurance, other than
insurance written under Chapter 2151, may not:
(1) assign a rate consequence to a charge or conviction for a
violation of Subtitle C, Title 7, Transportation Code; or
(2) otherwise cause premiums for automobile insurance to be
increased because of a charge or conviction described by
Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.052. PREMIUM SURCHARGE REQUIRED. (a) An insurer
described by Section 1952.001 shall assess a premium surcharge in
an amount prescribed by the department against an insured for no
more than three years immediately following the date the insured
is convicted of:
(1) an offense relating to the operating of a motor vehicle
while intoxicated in violation of Section 49.04 or 49.07, Penal
Code; or
(2) an offense under Section 49.08, Penal Code.
(b) An insurer may apply the premium surcharge described by
Subsection (a) only to a private passenger automobile policy, as
defined by the department.
(c) If an insured assessed a premium surcharge under Subsection
(a) is convicted of an offense under one of the statutes listed
in Subsection (a)(1) or (2) during the period the insured is
assessed the premium surcharge, the period for which the premium
surcharge is assessed is increased by three additional
consecutive years for each conviction.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
SUBCHAPTER C. LOSS AND EXPENSE EXPERIENCE
Sec. 1953.101. RECORDING AND REPORTING OF LOSS AND EXPENSE
EXPERIENCE AND OTHER DATA. (a) The commissioner shall adopt
reasonable rules and statistical plans for the recording and
reporting of loss experience and other required data by insurers.
The rules and plans must ensure that each insurer's total loss
and expense experience is made available at least as frequently
as annually in the form and with the detail necessary to aid in
determining whether rates and rating systems in use under the
following provisions comply with the standards adopted under
those provisions:
(1) this chapter;
(2) Articles 5.01, 5.03, and 5.04, if applicable;
(3) Subchapters A and B, Chapter 1806; and
(4) Chapters 1951 and 1952.
(b) In adopting the rules, the commissioner shall adopt rules
that are as uniform as is practicable to the rules and forms of
statistical plans used in other states.
(c) Each insurer shall use the statistical plans adopted under
this section to record and report loss experience and other
required data in accordance with the rules adopted by the
commissioner.
(d) The commissioner may modify statistical plans adopted under
this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.102. RULES ALLOWING INTERCHANGE OF LOSS EXPERIENCE
INFORMATION. The commissioner may adopt reasonable rules to
allow the interchange of loss experience information as necessary
for the application of rating plans.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.103. EXCHANGE OF INFORMATION AND EXPERIENCE DATA WITH
OTHER STATES. To further the uniform administration of rating
laws, the department or an insurer may:
(1) exchange information and experience data with insurance
supervisory officials, insurers, and rating organizations in
other states; and
(2) consult and cooperate with the individuals or entities
described by Subdivision (1) with respect to ratemaking and the
application of rating systems.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
Sec. 1953.104. SWORN STATEMENTS. (a) The department may
require a sworn statement from an insurer affected by this
subchapter that shows:
(1) the insurer's experience on any classification or
classifications of risks; and
(2) other information that is necessary or helpful in performing
duties or exercising authority imposed by law.
(b) The department shall prescribe the necessary forms for
statements and reports required under Subsection (a) with due
regard for the rules, methods, and forms in use in other states
for similar purposes so that uniformity of statistics is not
disturbed.
Added by Acts 2007, 80th Leg., R.S., Ch.
730, Sec. 1H.001, eff. April 1, 2009.
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