RS C.S.H.B. 652 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 652
By: Haggerty
5-6-97
Committee Report (Substituted)



BACKGROUND 

Currently, there is no statutory provision which would prohibit insurers
from issuing guaranteed renewable policies to persons over the age of
sixty.  However, the Texas Department of Insurance passed a regulation
prohibiting insurers from issuing these types of policies for less than a
five year period.  Therefore, insurers cannot issue policies guaranteed
renewable until a consumer is sixty-five years of age, leaving a potential
four-year period where consumers would be unable to purchase this type of
policy and be able to receive Medicare benefits.   

PURPOSE

This bill would allow insurers to issue guaranteed renewable policies
guaranteed for a minimum of two years, to people up to the age sixty-five.
Because of the two year required minimum of the term of policy, insurers
would be able to sell this policy to anyone over the age of sixty, which
would enable insurers to provide guaranteed renewable policies to people
until they are sixty-five years of age and able to receive Medicare.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 3.70-13, Insurance Code.  

(a)  No change.

(b)  Adds language to allow insurers to issue guaranteed renewable
policies to persons sixty-one years of age or older for a minimum of two
years.   

SECTION 2.  

Provides a severance clause in the event that a portion of the Act is
declared unconstitutional. 

SECTION 3.  Provides that any rule adopted in violation of this Act is
null and void and of no consequence. 

SECTION 4.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Substitute deletes SECTION 4 stating that this law shall control if found
to conflict with any other law, rule, regulation, or provision of the
code.  Renumbers sections accordingly.