GEC C.S.H.B. 3354 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
C.S.H.B. 3354
By: Dukes
3-28-97
Committee Report (Substituted)



BACKGROUND 

In the past, the Texas Workers' Compensation Insurance Fund's (Fund) Board
of Directors has experienced problems conducting routine business when
board members' terms expired and no successor was appointed for a period
of time.  CSHB 3354 would enable the board of directors to continue
conducting the business of the Fund in the event that delays arise in the
appointment or reappointment of Board members.  CSHB 3354 also addresses
the Fund's recommendation that its board be required to meet quarterly,
rather than monthly, now that Fund operations have stabilized.  

The Fund is currently restricted in the amount of interest that it may
charge employers electing not to prepay workers' compensation premiums and
has requested the ability to charge more competitive rates.  CSHB 3354
would enable the Fund to more effectively compete in this area. 

The Fund is also restricted in the amount of reserves it must maintain in
excess of the amount of its outstanding premiums.  This is commonly called
a "surplus".  The Fund has requested authority to use a portion of its
surplus to pay-off, before maturity, the bonds initially used to start-up
the Fund.    

PURPOSE

This proposed legislation makes the following changes and clarifications
with regard to the powers and duties of the Fund and its Board of
Directors. 

 - adds language to the Fund's statute clarifying the legislative purposes
for the Fund's existence; 

 - enables the board to conduct routine business when delays arise in the
appointment or reappointment of Board members; 

 - allows the board to meet quarterly rather than monthly;

 - allows the Fund to charge higher, more competitive rates of interest to
employers choosing not to prepay their workers' compensation insurance
premiums; 

 - authorizes the Fund to use 20 percent of its surplus each year for the
purpose of retiring the bonds used to start-up the Fund. 

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 Section 2(a), Article 5.76-3, Insurance Code, by
stating that the Fund shall (1) serve as a competitive force in the
workers' compensation insurance marketplace, (2) guarantee the
availability of workers' compensation insurance in Texas, and (3) serve as
an insurer of last resort as provided under Article 4.76-4 of the
Insurance Code. 

SECTION 2.  Amends Sections 3(a), Article 5.76-3, Insurance Code, by
adding language  establishing that a member of the board of directors
whose term expires will continue to serve on the board of directors until
a replacement is appointed by the governor.  Amends Section 3(m), Article
5.76-3, Insurance Code, by requiring that the board of directors meet
quarterly rather than once a month.  

SECTION 3.  Amends Section 7(c), Article 5.76-3, Insurance Code, by
deleting language pertaining to the rate that the Board may charge for
premium financing.   

SECTION 4.  Amends Article 5.76-3, Insurance Code as follows:

Subsection 13(d).  Requires that the comptroller, rather than the state
treasurer, approve the Fund's investment policy.   

Subsection 13(f).  Deletes statutory provisions that have expired and
renumbers subsection.  

Subsection 13(g).  Authorizes the board of directors to use, not more than
once in a calendar year, up to 20 percent of any surplus that exceeds the
ratio specified in subsection (f), to assist in prepaying or retiring
before maturity the Fund's capitalization bonds.  

that exceeds the over the amount required for the Fund to maintain a ratio
of net written premiums on policies written after reinsurance to surplus
of 3.0 to one. CSHB 3354 would give the Fund specific authority to utilize
up to 20 percent of its surplus each year to pay-off, or retire, the bonds
initially used to capitalize the Fund before maturity. 

Subsection 13(h).  Changes "Texas Department of Insurance" to "department."

Subsection 13(i).  Changes "Texas Department of Insurance" to
"department;" changes "State Board of Insurance" to "commissioner;" and
changes "that board's" to "commissioner's."  This last change requires
that the commissioner of insurance rather than the former State Board of
Insurance include a report on the Fund's condition in the commissioner's
annual report under Article 1.25, Insurance Code. 

SECTION 5.  Establishes that the Act takes effect September 1, 1997.

SECTION 6.  Suspends the three-day rule.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 4 - Section 13(f), Article 5.76-3, Insurance Code, deletes the
words "subject to subsection(g) of this section, the" 

SECTION 4 - Section 13(g), Article 5.76-3, Insurance Code, changes the
original language which reads "(g) The board may use, for any purpose
authorized under this article, an amount not to exceed 20 percent of any
surplus that is in excess of that amount required to maintain a ratio of
net written premiums on policies written after reinsurance to surplus of
3.0 to one." to "Not more than once in any calendar year, the Board may
use up to 20% of any surplus that exceeds the ratio specified in
subsection(f) of this section to assist in prepaying or retiring before
maturity the bonds issued pursuant to Article 5.76-5, Insurance Code."