BILL ANALYSIS H.B. 1933 By: De La Garza (Rosson) Economic Development 5-24-95 Senate Committee Report (Unamended) BACKGROUND Article 5.65A of the Insurance Code requires each company or association that writes workers' compensation insurance to provide the policyholder, upon written request of the policyholder, a list of claims charged against the policy, payments made and reserves established on each claim, and a statement explaining the effect of claims on premium rates. There is no provision in this article requiring the company or association to fulfill the policyholder's request within a certain time period. PURPOSE As proposed, H.B. 1933 amends provisions regarding the amount of claims information that a company or association is required to give a policyholder. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the commissioner of insurance under SECTION 2 (Articles 21.59(c), (f), and (g), Insurance Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 5.65A(b), Insurance Code, to require the company or association to provide the information to the policyholder in writing by the 30th day after the company or association receives the policyholder's written request for information. Provides that the information is considered to be provided on the date that the information is received by the U.S. Postal Service or personally delivered. Makes a nonsubstantive change. SECTION 2. Amends Article 21.59, Insurance Code, as follows: Art. 21.59. New heading: PROVIDING CLAIMS INFORMATION TO CERTAIN INSUREDS. (a) and (b) Make no changes. (c) Sets forth the information required to be supplied to an insured making a request under Subsection (b) of this article, including any information required by rule of the commissioner of insurance, rather than the State Board of Insurance. Makes nonsubstantive changes. (d) Requires each insurer that writes property and casualty insurance, on the policyholder's written request, to provide the policyholder with a list of claims charged against the policy and the payments made on each claim. Provides that this subsection does not apply to a workers' compensation insurance policy subject to Article 5.65A. (e) Redesignates existing Subsection (d). (f) Redesignates existing Subsection (e). Makes conforming and nonsubstantive changes. (g) Makes a conforming change. SECTION 2. Effective date: September 1, 1995. Makes application of this Act prospective beginning January 1, 1996. SECTION 3. Emergency clause.