RS H.B. 2062 75(R) BILL ANALYSIS INSURANCE H.B. 2062 By: Van de Putte 4-18-97 Committee Report (Unamended) BACKGROUND Current law prohibits Department of Insurance staff from participating as a party in certain important rate hearings. The prohibition has resulted in hearings where no party has introduced evidence necessary for the Commissioner to use in making a decision. For example, statutes (enacted in 1995) required a number of premium discounts; in benchmark rate hearings in 1995 and 1996, even though the Commissioner requested evidence on statutory discounts, none of the parties introduced evidence relating to these discounts. The Commissioner had to call additional hearings to address the statutory requirements. In addition, the current structure results in a hearing record that may not contain adequate evidence to be considered by the Commissioner in order to arrive at the best decision for both consumers and the industry. The Office of Public Insurance Counsel provides a valuable function in representing consumer interests, but it has limited resources and cannot duplicate or provide all the expertise and knowledge of the Department staff. TDI is the only state agency that must decide complex cases of this nature without the benefit of any staff participation. PURPOSE The purpose of H.B. 2062 is to amend Article 1.09-5 of the Texas Insurance Code, so that Department staff can participate in and present evidence to be considered in rate hearings. Existing restrictions on staff participation are deleted. 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 1.09-5, Insurance Code, to read as follows: Art. 1.09-5.DEPARTMENT PARTICIPATION IN PROCEEDINGS TO SET RATES. (a) The department may appear as a matter of right as a party, present evidence, or question witnesses in any proceeding before the commissioner or the designated hearings officer in which insurance rates are set under this code. (b) The general counsel or an assistant general counsel may be designated by the commissioner and may serve as a hearings officer in any proceeding in which insurance rates are set or any prehearing proceeding, provided that any final decision relating to rates must be made by the commissioner. SECTION 2. Effective date - Article would take effect September 1, 1997. SECTION 3. Emergency Clause