LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 4, 1995 TO: Honorable John Smithee, Chair IN RE: House Bill No. 149 Committee on Insurance By: Clemons House of Representatives Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on House Bill No. 149 (relating to motor vehicle insurance coverage and liability for motor vehicle accidents) this office has determined the following: The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. The bill would amend the Insurance Code to establish a no-fault insurance system requiring motor vehicle insurance policies to provide first party benefits to the named insured, household members, passengers not otherwise covered and pedestrians for bodily injury arising from the use of a motor vehicle in Texas. The bill would also require the Insurance Commissioner to reduce the relevant benchmark rate by 12 percent upon finding that such a reduction is warranted. (Dates specified for rate reduction provisions of the bill may cause implementation problems.) The effective date of the legislation would be September 1, 1996 and would apply to policies issued or renewed on or after January 1, 1996. Implementation of the bill would require major changes in rules and automobile liability policies by the Department of Insurance. Additional resources would be requested for rule adoption proceedings for policy changes, responses to inquiries from agents and the public regarding the changes, technical review of endorsements, preparation of Commissioner Orders, consumer education, and advisory committee oversight. The fiscal implications of the bill on state revenue cannot be estimated. A benchmark rate reduction could result in lower insurer receipts for insurance premiums, which in turn could lead to lower state receipts for the Insurance Occupations Tax (deposited to the General Revenue Fund and the Foundation School Fund) because the tax is based on premium volume. The probable fiscal implication of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Fiscal Probable Cost Out Change in Year of Department Number of State Insurance Employees from Operating FY 1995 Fund 036 GR Consolidated 1996 $192,727 3.5 1997 167,617 3.5 1998 167,617 3.5 1999 167,617 3.5 2000 167,617 3.5 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. No fiscal implication to units of local government is anticipated. Source: Department of Insurance LBB Staff: JK, RM, RR