KMS C.S.H.B. 1853 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 1853
By: Eiland
4-15-97
Committee Report (Substituted)



BACKGROUND 

The maximum limits of liability that can be provided through the Texas
Catastrophe Property Insurance Association on insurable property are
established by Article 21.49, Section 8D, Insurance Code.  Such limits are
required to be indexed for inflation at the annual residential benchmark
rate hearing using the BOECKH Index as the measure of inflation.  The
current maximum limits of liability are insufficient limits for some risks
located on the Texas coast and the process for indexing the maximum limits
of liability is cumbersome through the benchmark rate hearing process. 

PURPOSE

This bill will increase the maximum limits of liability for insurable
property in the Texas Catastrophe Property Insurance Association to
$350,000 for a dwelling and contents, $1.5 million for apartments,
condominiums and commercial buildings and contents, $2,192,000 for a
governmental building and contents and $125,000 for contents in apartments
and condominiums; will provide the Commissioner of Insurance the authority
to adopt adjustments in the maximum limits of liability based on the
indexing for inflation using the BOECKH Index at a hearing other than the
benchmark rate hearing; and will provide for an excess reinsurance program
in which the TCPIA can purchase reinsurance in excess of the maximum limit
of liability applicable to the risk and charge the owner of the property
the cost of the reinsurance plus any administrative costs as a means of
providing property owners along the coast the ability to insure their
property above the maximum limits of liability otherwise provided by
statute. 

RULEMAKING AUTHORITY

The bill expressly grants rulemaking authority under SECTION 4 (Section
8E(c). of Article 21.49, Insurance Code) to the Commissioner of Insurance.
Updates prior rule making authority to reflect Commissioner instead of
Board of Insurance in SECTION 2 (Section 8A(c)Article 21.49, Insurance
Code) 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 8(h)(13), Article 21.49, Insurance Code, as
follows: 
Provides that the Texas Catastrophe Property Insurance Association (the
Association), with the approval of the Commissioner, may establish a
reinsurance program that operates in addition to or in concert with the
Catastrophe Reserve Trust Fund. 

SECTION 2.  Amends Section 8A(a) and (c), Article 21.49, Insurance Code,
as follows: 
(a) Provides that replacement cost insurance coverage can be extended to
outbuildings as provided under the dwelling extension coverage in the
policy. 
(c) Updates language to reflect commissioner instead of board of insurance.

SECTION 3.  Amends Section 8D, Article 21.49, Insurance Code, as follows:
Provides that the maximum limits of liability of a policy of windstorm and
hail insurance issued by the association shall be $350,000 for a dwelling
and contents, $2,192,000 for a governmental building and contents,
$125,000 for contents of an apartment, condominium or townhouse and $1.5
million for a commercial building and contents.  Provides that adjustments
in the maximum  limits of liability due to the annual indexing for
inflation be proposed by the association and approved by the Commissioner
of Insurance.  Such proposal must be made to the Commissioner by September
30th of each year and the Commissioner must act on the proposal by January
1 of the following year.  The association can propose additional
adjustments in the maximum limits of liability at any time subject to the
approval of the Commissioner, but the Commissioner cannot approve
adjustments that reduce the maximum limits of liability below those
specifically set by statute. 

SECTION 4.  Amends Article 21.49, Insurance Code, by adding Section 8E as
follows: 

Sec. 8E - REINSURED EXCESS LIMITS

Provides for the association to issue a policy of windstorm and hail
insurance that includes coverage for an amount in excess of the maximum
limits of liability when the association obtains reinsurance for the full
amount of the exposure above the maximum limits of liability.  The premium
for the reinsurance and any administrative cost is charged to the
policyholder.  The Commissioner must adopt rules to implement the
reinsurance program. 

SECTION 5.  Amends Section 19a, Article 21.49, Insurance Code, as follows:
Losses in excess of $100 million shall be paid through the catastrophe
reserve fund established under sec. 8 of this article and any reinsurance
program that is established.  

SECTION 6  This act applies to policy of windstorm and hail insurance that
is delivered, issued for delivery, or renewed on or after January 1, 1998. 

SECTION 7.  Act takes effect September 1, 1997.

SECTION 8.  Emergency Clause

COMPARISON OF COMMITTEE SUBSTITUTE TO ORIGINAL BILL

Committee substitute adds provisions to allow the association to establish
a reinsurance program that operates in addition to or in concert with the
current Catastrophe Reserve Trust Fund. Changes the date the association
must propose adjustments in the maximum limits of liability due to the
indexing for inflation from September 1, 1997 to September 30, 1997.  Adds
a new provision to allow the association purchase excess reinsurance on an
individual risk to provide an amount of insurance in excess of the maximum
limits of liability provided by statute and to pass the cost of such
reinsurance to the policyholder.