BILL ANALYSIS S.B. 1101 By: Henderson Economic Development 04-12-95 Committee Report (Unamended) BACKGROUND Under current law, the Department of Insurance is charged with the responsibility of regulating and overseeing the insurance business in Texas, and ensuring compliance with appropriate laws. Current law also authorizes the attorney general to file suit against any insurance company or person in the insurance business for violation of the Insurance Code. As a result, a conflict of interest can arise between the department and attorney general. PURPOSE As proposed, S.B. 1101 authorizes the commissioner of insurance to ask the attorney general to bring an action against a person the commissioner believes to be in violation of Article 21.21, Insurance Code, or Section 17.46, Business and Commerce Code. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 15(a), Article 21.21, Insurance Code, to authorize the commissioner of insurance to request that the attorney general bring an action against a person the commissioner believes to be in violation of this article or Section 17.46, Business and Commerce Code, if such action would be in the public interest. SECTION 2. Emergency clause. Effective date: upon passage.