RS H.B. 922 75(R) BILL ANALYSIS INSURANCE H.B. 922 By: Driver 4-7-97 Committee Report (Unamended) BACKGROUND Article 21.28-D, Insurance Code, the Life, Accident, Health and Hospital Service Insurance Guaranty Association Act creates an association of insurers to pay benefits and continue coverage as limited by the act for member insurers who become impaired or insolvent. The members of the association are subject to assessment to provide funds to carry out the purposes of the act. The Department of Insurance appoints a nine-member board of directors, three of whom must be chosen from the ten largest member companies. Neither a director of the association or the director's company or other entity can have a pecuniary interest in any of the transactions of the association. PURPOSE If enacted into law, HB 922 would broaden the pool of potential association directors by allowing the commissioner of the Department of Insurance to choose three directors from among the 50 largest member companies, rather than the 10 largest. It would also allow a person to serve as director of the association, so long as the director does not have a pecuniary interest in the transactions of the association. 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 sections 7(a) and (d), Article 21.28-D, Insurance Code, as follows: (a) Amends title to change from State Board of Insurance to Commissioner. The article increases the number of insurance companies for the commissioner to select three of the members of the board of directors for the Life, Accident, Health, and Hospital Service Insurance Guaranty Association from ten to the fifty largest companies. Further updates the language to reflect change for insurance companies being regulated by the State Board of Insurance to TDI. (d) Amended to provide that a director of the association may not receive any money or valuable thing for, or have a pecuniary interest in a firm, company or business unit, in a transaction, reinsurance agreement, merger, purchase, sale, contribution, or exchange involving the association. SECTION 2. - Effective Date - September 1, 1997. SECTION 3. - Emergency Clause.