RS C.S.H.B. 3007 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 3007
By: Smithee
4-20-97
Committee Report (Substituted)

BACKGROUND 
Texas title insurers are required to establish unearned premium reserves
(or "statutory premium reserves") to maintain sufficient assets to pay
claims or to secure reinsurance of claims and related expenses on title
insurance policies in the event of an insolvency of the title insurance
company. These reserves are set aside and cannot be used by the title
insurance company to pay any expenses or dividends.  The unearned premium
reserves required by Article 9.16, Insurance Code are based on a
percentage of the premium paid to the title insurance company and are
released or drawn down by the title insurance company  on an equal
percentage (of 5% a year) over 20 years and those reserves must be
adequate to pay expenses and projected claims. 

Current law determines reserve levels based on premiums and assumes that
past claims experience will predict such income and will not vary based
upon the type and location of transaction.  A review of the required
reserves to determine the adequacy of current levels reflects that Article
9.16 may not require sufficient reserves for  Texas title insurers
conducting business in other states.  It also reflects that the reduction
or release of reserves should more accurately reflect the period for
claims payment, which is much higher in the initial years after issuance
of a policy and is not equally distributed over a 20-year period after
issuance. 

PURPOSE
C.S.H.B. 3007 would revise Article 9.16 of the Insurance Code to increase
the initial amount of reserves required to be set aside in 1997 and
provides for a more accurate formula for the release of those reserves
over a 20-year period.  The bill provides that reserves in 1998 and
subsequent years will be based on liability (amount of insurance under
policies), which is a more accurate reflection of the amounts that will be
expended for claims and expenses. 

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 9.16 of the Insurance Code as follows:

Art. 9.16 RESERVES
  
Sec. 1.  STATUTORY PREMIUM RESERVE REQUIRED. (a)  Requires that each
domestic title insurer doing title insurance business maintain a statutory
premium reserve and for the use and purpose provided by this Article shall
contain the unused portions of the original premium and shall be charged
as a reserve liability in determining the financial condition of that
insurer. 

(b)  The reserve required above shall be cumulative and shall be
established and maintained consistent with the requirements of this
Article. 

Sec. 2. AMOUNTS ADDED TO RESERVE FOR CALENDAR YEAR 1997; REDUCTIONS.  (a)
Defines the formula for total charges to a domestic title insurer for
policies written or assumed on or after January 1, 1997 but before January
1, 1998 including in the charges the direct premium, the escrow and
settlement service fees, other title fees and service charges including
fees for closing protection letters and premiums for reinsurance assumed
less premiums for reinsurance. 

 (b) A domestic title insurer must set aside in the statutory premium
reserve for 1997 an amount computed by multiplying the total charges
computed by (a) by 6-2/10% if the insurer had $250 million in premiums or
more in 1996 or 3-1/2% if the insurer had less than $250 million in
premiums in 1996. 

(c)  Following 1997 the amounts set aside in the statutory premium reserve
shall be reduced over twenty years starting the first year following
issuance of the policy by 26%, the second year following the insurance of
the policy by 20%, the third year following the issuance of the policy by
10% , the fourth year following issuance of the policy by 9%, the fifth
and sixth years following the issuance of the policy by 5%,  the seventh,
eighth and ninth years following issuance of the policy by 3%, the 10th
through 14th years following the issuance of the policy by 2%, and for the
14th through the 20th years following the issuance of the policy the
amount shall be reduced by 1%. 

(d)  The reductions required in (c) shall be made in increments of
one-fourth the appropriate percentage on each March 31, June 30, September
30, and December 31. 

Sec. 3.  AMOUNTS ADDED TO RESERVE IN CALENDAR YEARS AFTER 1997;
REDUCTIONS. (a)  Requires a domestic title insurer to add an amount equal
to the sum of the following amounts to the total charges for title
insurance policies written or assumed on or after January 1, 1998 and to
set this amount aside in the statutory premium reserve:  25 cents per one
thousand dollars of the net retained liability if the insurer issued more
than $250 million or more in premiums for the most recent calendar year,
or, 30 cents per one thousand dollars of the net retained liability if the
insurer issued less than $250 million or more in premiums for the most
recent calendar year. 

(b)  The title insurance policies written or assumed after 1997 shall also
be reduced over a twenty year period in accordance with Section 2(c) and
(d) of this Article. 

Sec. 4.  TRANSITIONAL RELEASE; TRANSITIONAL CHARGE.  (a) A domestic title
insurer shall compute a total statutory premium reserve balance for all
policy years combined as of December 31, 1996. 

(b) The insurer shall compute a transitional charge or release that is the
difference between the balance determined under subsection (a) of this
section computed as if Section 2 were in affect for the past 20 years
prior to 1996 and the total actual statutory premium reserve balance
carried by the insurer on December 31, 1996. 

(c)  If the insurer has a transitional charge as set by subsection (b), in
addition to premium reserve changes required by this article, over the
next 10 years the domestic title insurer shall remit one tenth of any
transitional charge determined from (b) on December 31 of each year to the
statutory premium reserve. 

(d)  If the insurer has a transitional release under subsection (b) of
this section, then in addition to the changes to the statutory premium
reserve as required by this article, over the next 10 years the domestic
title insurer shall reduce by one tenth of any transitional release
determined from (b) on December 31 of each year to the statutory premium
reserve. 

Sec. 5.  RUNOFF BALANCE. (a) The domestic title insurer shall compute a
total statutory premium reserve balance at the end of each calendar year
beginning in 1997 that includes for all policy years before January 1,
1997 combined. That balance shall be computed as if Section 2 of this
article were in effect during the 20-year period ending December 31, 1996
and the balance computed under this subsection is the runoff balance. 

(b)  The title insurer shall reduce the statutory premium reserve by the
runoff balance for that year and the runoff balance for the previous
calendar year. 

(c)  The reduction to the statutory premium reserve under subsection (b)
is in addition to any other changes to the statutory premium reserve
required under this section. 

 Sec. 6.  ACTUARIAL CERTIFICATION.  (a)  Domestic title insurers shall
file an annual actuarial certification of this Code made by a member in
good standing of the American Academy of Actuaries. 

(b)  That certification defined above must include the actuary's
professional opinion of the insurer's reserves and those reserves must be
analyzed under this section for known claims including adverse development
on known claims and reserves for incurred but not reported claims. 

Sec. 7.  SUPPLEMENTAL RESERVE.  (a)  The domestic title insurers shall
establish a supplemental reserve that is the amount that the actuarially
certified reserves exceed the total of the known claim reserve and the
statutory premium reserve as set forth in the title insurer's annual
statement subject to Subsection (b) of this section. 

(b) The supplemental reserve required under this section shall be computed
as 25 % of the applicable supplemental reserve required until December 31,
1996, 50 % of the applicable supplemental reserve required until December
31, 1997, 75 % of the applicable supplemental reserve required until
December 31, 1998, and 100 % of the applicable supplemental reserve
required after December 31, 1998.  This section also deletes the old
section that previously existed. 

Sec. 8. FOREIGN COMPANIES. The Commissioner may require a foreign insurer
doing business in this state who does not maintain adequate reserves to
maintain adequate reserves. 

Sec. 9. REEVALUATION OF RESERVE REQUIREMENTS.  The Commissioner may make
recommendations for legislative changes to Section 3 of this article if he
finds  the program inadequate. 

Sec. 10.  MAINTENANCE OF FUND.  The statutory premium fund shall be
maintained in cash or invested in accordance with Article 9.18 of this
Code. 

Sec. 11. EFFECT OF INSOLVENCY OR DISSOLUTION.  The statutory premium
reserve fund shall be used to protect title insurance contract holders
even if there are no accrued title insurance claims or unpaid obligations
of other types. 

SECTION 2.  This Act applies to reports made by domestic title insurers
beginning with reports due for calendar year 1997. 

SECTION 3.  EMERGENCY CLAUSE.   

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3007 includes in Sec. 2 "CALENDAR YEAR" to clarify the section
title and replaces (a) with new language to clarify the requirements for
figuring the total charges of a domestic title insurer for title insurance
policies written or assumed on or after January 1, 1997, but before
January 1, 1998, are computed by adding Subsections 1-4, as set forth in
the title insurer's annual statement. Removes language of annual statement
from subsection (a)(4), but keeps it in subsection (a).  In Sec. 3  the
substitute changes (1) from $.30 per $1,000 for policies with under
$500,000 of net retained liability to $.25 per $1,000 of net retained
liability if the insurer had $250 million or more in direct premium
written for the most recent calendar year; and (2) from $.13 per $1,000 of
net retained liability  equal to or greater than $500,000 to $.30 per
$1,000 of net retained liability if insurer had less than $250 million in
direct written premiums for the most recent calendar year.  In Sec. 8 the
entire section is replaced to clarify that the commissioner should
determine that a foreign title insurer doing business in this state does
not maintain adequate statutory premium reserves, the commissioner may
require the insurer to maintain adequate reserves.  Changes emphasis from
laws of state where foreign company resides to reserves maintained by
company itself.  Sec. 9 renumbers the original Sec. 9 as Sec. 10 and
inserts a new Sec. 9 providing the commissioner the authority to
reevaluate the adequacy of the statutory premium reserves required under
Sec. 3 of this article, and may make recommendations for legislative
changes as the commissioner considers appropriate. Renumbers the
subsequent sections of the bill.  Sec. 10 is changed to specify "article
9.18 of this code," instead of "under the laws of this state."