RS H.B. 2941 75(R)    BILL ANALYSIS


INSURANCE
H.B. 2941
By: McCall
5-10-97
Committee Report (Unamended)

BACKGROUND 
The Legislature has previously deregulated nearly all of the commercial
lines of property and casualty insurance; commercial lines refers to that
type of insurance sold to businesses.  The only major exception to this is
commercial automobile insurance.  The type of deregulation instituted for
the other commercial lines is typically called "file and use", in which
the companies file their rates with the Texas Department of Insurance
which then reviews the filing.  This method of rate regulation is found in
Article 5.13-2, Texas Insurance Code, and it permits the Commissioner to
disallow any rate filing and require a company to justify it to the
Department.  In addition, if the Commissioner finds that this general form
of rate regulation is contrary to the public's interest, he or she may
issue an order requiring the return to a promulgated rate system.  When
the Legislature enacted Article 5.13-2 in 1991, it also included a
transition provision requiring that policy forms be "equivalent" to the
standard forms promulgated by the Department and in effect immediately
prior to implementation of Article 5.13-2.  

PURPOSE
The purpose of this bill is to add commercial automobile insurance to the
rate regulatory scheme provided in Article 5.13-2, delete the equivalency
requirement for policy forms, and make the conforming changes to other
statutes in the Insurance Code dealing with automobile insurance. 

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 1 and 2, Article 5.13-2, Insurance Code, as
follows: 

Sec. 1. PURPOSE. (a)  Adds "commercial automobile" to the types of rates
and forms the article would govern.  Amends language to exempt "personal"
automobile insurance from coverage under this article. 

Sec. 2. SCOPE. Includes commercial automobile in the types of insurance
that are included in the scope of this article.  Deletes language "or an
automobile insurance policy." 

SECTION 2. Amends Section 8(e), Article 5.13-2, Insurance Code, to read as
follows: 

(e) Deletes language that forms submitted by insurers for approval under
this section must provide coverage equivalent to the coverage  provided in
the policy forms used for the lines of coverage on the effective date of
this article. 

SECTION 3. Amends Article 5.01(f), Insurance Code, as follows:

(f)  Deletes time reference.  Adds Article 5.13-2, Insurance Code, as the
determining factor for rates for motor vehicle insurance in this state.
Makes Article 5.13-2 and the flexible rating program under Subchapter M of
this chapter apply only "as applicable." 

SECTION 4. Amends Article 5.01-2(b), Insurance Code, as follows:

(b) Removes date reference.  Makes conforming changes as in SECTION 3.
 
SECTION 5. Amends Article 5.03(g), Insurance Code, as follows:

(b) Removes date reference.  Makes conforming changes as in SECTION 3.

SECTION 6. Amends Article 5.04(c), Insurance Code, as follows:

(b) Removes date reference. Makes conforming changes as in SECTION 3.

SECTION 7. Amends Article 5.06, Insurance Code, by adding Subsection 11 as
follows: 

(11) This article does not apply to forms used by insurers for commercial
auto insurance. 

SECTION 8. Article 5.09(c), Insurance Code, is amended as follows:

(c) Removes date reference. Makes conforming changes as in SECTION 3.

SECTION 9. Article 5.11(c), Insurance Code, is amended as follows:

(c) Removes date reference. Makes conforming changes as in SECTION 3.

SECTION 10. Article 5.12(a), Insurance Code, as follows:

(a) Adds language exempting commercial automobile insurance from figuring
the amount of rate of assessment of a maintenance tax. 

SECTION 11. Amends Article 5.14(b), Insurance Code as follows:

(b) Removes reference of date.  Adds commercial automobiles to rates and
forms subject to Article 5.13-2, Insurance Code. 

SECTION 12. Amends Article 5.15(h), Insurance Code as follows:

(h) Adds "commercial automobile" to those types of coverages falling under
Art. 5.13-2, Insurance Code. 


SECTION 13.  Amends Article 5.24(a), Insurance Code as follows:

 (a)  Adds language exempting commercial automobile insurance from the
determination of the rate of assessment of a maintenance tax.  Adds
language to limit the rate of assessment to one-fifth of one percent of
the gross premiums of insurers writing commercial auto insurance in Texas.

SECTION 14.  Amends Article 5.96 (a-1), Insurance Code as follows:

 (a-1)  Adds language to exempt commercial auto insurance from the
provisions of this  article. 

SECTION 15.  Amends Section 1, Article 5.101, Insurance Code as follows:

 Sec. 1.  PURPOSE.  Splits into subsection (a) and (b).  Adds language
exempting  commercial auto insurance from the provisions of article. 

SECTION 16.  Repeals Section 5.01B, Insurance Code.

SECTION 17.  Effective Date - September 1, 1997.  Applies to a policy
delivered, issued for delivery, or renewed on of after January 1, 1998.   

SECTION 18.  Emergency Clause.