RS H.B. 1498 75(R)BILL ANALYSIS


INSURANCE
H.B. 1498
By: Wise
4-16-97
Committee Report (Unamended)



BACKGROUND 
 Offering insurance premium discounts to groups like the Boy Scouts of
America and other youth organizations that advocate drug awareness
programs would be an excellent incentive to encourage more participation
in these programs and thus cut down on many other societal problems.
Information reveals that participants in the Boy Scouts program
traditionally have good grades, excellent driving records, lower
incidences of cheating or fraud, ethical conduct at home and at work, and
higher economic potential in employment later in life.  Recently, Texas
Commissioner of Insurance Elton Bomer marketed a similar program
encouraging insurance companies to offer similar academic achievement
insurance discounts to students who make good grades.  Commissioner Bomer
implemented the optional 10 percent discount effective February 1, 1997,
and so far five insurance companies have notified TDI of their interest. 

PURPOSE
The purpose of this legislation is to authorize the Texas Department of
Insurance (TDI) to establish rules which would allow certain premium
discounts on automobile insurance coverage for certain youth groups and
their volunteers. 

RULEMAKING AUTHORITY
It is the opinion of the committee that this bill does grant  rule-making
authority to the Commissioner of Insurance in SECTION 1 of the bill
(Section 2 (e) and (f) of Article 5.03-5, Insurance Code). 

SECTION BY SECTION ANALYSIS

SECTION 1. - Amend Subchapter A, Chapter 5, Insurance Code, by adding
Article 5.03-5 as follows: 

Art. 5.03-5 PREMIUM DISCOUNT FOR CERTAIN YOUTH GROUP MEMBERS

Sec. 1. - DEFINITIONS: Defines "Applicant," "Driving Record," "Insurer,"
"Motor Vehicle," "Traffic safety regulation," and "Youth group." 

Sec. 2. - DISCOUNT AUTHORIZED; ELIGIBILITY CONDITIONS FOR DRIVERS: (a) An
insurance company may offer a discount of insurance premiums for
liability, medical payments, personal injury protection, and collision
coverage, to an insured person who provides written verification of their
qualifications under subsection (b). 

(b) Applicant for discount must be: 1) licensed to drive in this state, 2)
a member of a youth group, including adult member of group, 3) have held a
drivers license for at least three years, 4) not been convicted of a
moving violation in the past three years, 5) nor found at fault in traffic
accident over the three years prior to applying. 

(c) An applicant is not eligible for discount if they have been convicted
of an offense with a motor vehicle as described by (1) Chapter 49, Penal
code; (2) Article 67011-1 revised statute as applied prior to 73rd
Legislature, or Section  19.05, Penal Code, as existed prior to 73rd
Legislature, or (3) another state's statutes similar to those described in
(1) and (2). 

(d) For purposes of subsection (b) and (c) a conviction involves a
sentence being imposed or community service or similar treatment. 
 
(e) The commissioner may adopt rules for additional requirements for
receipt of a discount under this article. 

(f) The commissioner shall set the amount of discount by rule, and may
adopt additional rules as necessary for implementation of this article. 

Sec. 3. - INELIGIBILITY; REVOCATION OF DISCOUNT. (a) A discount may be
revoked upon the first day a person cannot satisfy the requirements under
section 2 of this article. 

(b) A person may not receive a discount under this article if they receive
a discount under section 5.03-3. 

(c) An applicant shall have their discount revoked if they knowingly
provide false information on an application. 

SECTION 2. - Effective Date September 1, 1997, and applies to policies
issued or renewed after January 1, 1998. 

SECTION 3. - Emergency clause.