RS C.S.H.B. 3383 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 3383
By: Eiland
4-15-97
Committee Report (Substituted)



BACKGROUND 

Implementation of any new building codes will increase cost in
construction for consumers along the Texas coast.  The increase cost to
build to a stronger building code for risks insured in the TCPIA will
reduce losses and a need to offset that increased cost  with a premium
reduction should be provided. 

PURPOSE

This bill defines new building code to mean any building standard,
specification, or guideline adopted by the commissioner after May 1, 1997
that must be met for new residential construction for insurance through
the TCPIA and sets forth a mechanism for the commissioner to hold a
hearing to determine the percentage of across the board reductions in
insurance rates required for windstorm and hail coverage written by the
association on newly constructed residences.  Failure of the commissioner
to establish an insurance rate reduction will trigger an automatic 15%
rate roll back. 

RULEMAKING AUTHORITY

The bill does not expressly grant rulemaking authority, but does provide
for a rulemaking hearing to be conducted by the commissioner under SECTION
3 of bill, (Section 8E of Article 21.49, Insurance Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Provides for the findings of the legislature in eliminating
any negative impact of new building code standards on consumers through
insurance rate reductions 

SECTION 2.  Amends Section 3, Article 21.49, Insurance Code, by adding
Section (o) as follows: 

(o) Defines "new building code" in relation to application of any rate
rollback for the implementation of a new building code. 
 
SECTION 3.  Amends Article 21.49, Insurance Code, by adding Section 8E as
follows: 

Sec. 8E - RATE ROLLBACK

Provides for the commissioner to hold a rulemaking hearing to determine
the percentage of across the board reductions in insurance rates required
on a windstorm and hail insurance policy written by the association on new
residential construction subject to a new building code.  Establishes that
the commissioner must issue an order mandating the appropriate rate
reductions within 180 days from the implementation of a new building code.
Requires a mandatory 15% rate reduction if the commissioner fails to act
within the first 180 days after the implementation of a new building code. 

SECTION 4.  Emergency Clause.  Act takes effect from and after its passage.

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute amends the definition from building code to new
building code and specifically indicates such new building code must be
adopted by the commissioner rather than issued by the Department.  Removes
all reference to an insurer other than the association to clearly indicate
the rate reduction is applicable only to policies of insurance written by
the association for windstorm and hail insurance and does not apply to
insurance written by insurers in the voluntary market.