LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 5, 1995 TO: Honorable John Smithee, Chair IN RE: House Bill No. 1988 Committee on Insurance By: Duncan House of Representatives Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on House Bill No. 1988 (relating to insurance rates and policy forms for certain lines of insurance) 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 with a number of provisions, including establishing a benchmark and flexibility band rate system for private passenger automobile insurance and residential property insurance. The bill would change regulation of commercial automobile insurance from benchmark rates and minimum standards on policy forms to file-and-use rates and prior approval of forms. The bill would repeal provisions relating to the flexible rating program for certain insurance lines. Benchmark rate hearings would be conducted by the State Office of Administrative Hearings. The approval process for rating manuals filed by individual insurers writing private passenger motor vehicle insurance or private property insurance would change from a formal hearing to prior approval with a deemer period. Greater participation of advisory organizations would be allowed for the exchange of information and experience data and the Insurance Commissioner would be allowed to designate one or more statistical agents to assist in gathering and compiling loss and expense experience. The bill would repeal several provisions governing rates and forms for fidelity, surety and guaranty bonds, personal lines other than automobile and homeowners and involuntary unemployment insurance. The change from benchmark automobile insurance rates to file-and- use rates would eliminate the need for the experience rating function by the Department of Insurance. According to the Department, however, savings resulting from elimination of the function would be offset by the need to review and approve forms for commercial automobile insurance. Eliminating the equivalent coverage requirement and eliminating the prohibition against restrictive endorsements would increase the number of filings for property and casualty insurance lines other than private passenger, residential property and workers' compensation. No significant fiscal implication to the State is anticipated. No fiscal implication to units of local government is anticipated. Source: Department of Insurance LBB Staff: JK, RM, RR