RS C.S.H.B. 3536 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 3536
By: Burnam
5-9-97
Committee Report (Substituted)



BACKGROUND 

Although the Texas Insurance Code requires an insurance company writing
personal lines property and casualty insurance to charge rates according
to a benchmark rating system established and regulated by the Insurance
Commissioner, many insurance companies are currently exempt from these
rate regulations. 

The exempt companies are county mutuals, Lloyds, and interinsurance
exchanges.  Unlike standard rate-regulated companies, they set their own
rates with no regulatory restrictions and often create a tiered rating
system within a single company.  Since it is not necessary for these
companies to nonrenew a policy in order to move it to a higher tier, they
can raise rates more easily than the rate regulated companies.
Additionally, insurance groups often own county mutuals and Lloyds and
move policyholders into these companies from their rate-regulated
companies.  The market share for these non-rate regulated companies has
increased in recent years.  County mutuals currently write approximately
25% of the auto insurance market.  Lloyd's plans write approximately 70%
of the homeowners and property insurance market.    

PURPOSE

C.S.H.B. 3536 will bring the rate filing requirements for Lloyds and
Reciprocal insurers in line with the requirements for County Mutual
insurers.  In addition, the bill will give the Commissioner of Insurance
rulemaking authority to implent these filing requirements. 

RULEMAKING AUTHORITY

It is the committee's opinion that there is express rulemaking authority
to be found in SECTION 1 (Section 6(b), Article 17.25, Insurance Code),
SECTION 2 (Article 18.26, Insurance Code), SECTION 3 (Article 19.15,
Insurance Code). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6, Article 17.25, Insurance Code, as follows:

Sec. 6. (a) Changes to subsection (a).  Updates language to reflect
Commissioner of Insurance instead of board. 

(b) Adds subsection.  The commissioner may adopt rules necessary to carry
out this article. 

SECTION 2. Amends Chapter 18, Insurance Code, by adding Article 18.25 and
18.26 as follows: 

Art. 18.25 FILE OF SCHEDULE OF CHARGES. Such companies shall file a
schedule of rates, amount of policy fee, inspection fee, membership fee,
or initial charge by whatever name it is called, with the commissioner. 

Art. 18.26 RULEMAKING. The commissioner may adopt rules necessary to carry
out these provisions. 

 SECTION 3. Amends Chapter 19, Insurance Code, by adding Article 19.14 and
Article 19.15 as follows: 

Art. 19.14 FILE SCHEDULE OF CHARGES.  Such companies shall file a schedule
of rates, amount of policy fee, inspection fee, membership fee, or initial
charge by whatever name it is called, with the commissioner. 

Art. 19.15 RULEMAKING The commissioner may adopt rules as necessary to
implement this article. 

SECTION 4. Effective Date September 1, 1997

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  Changes Article being amended from Article 17.22, Insurance
Code, to Article 17.25, Insurance Code.  Keeps all language to be deleted
under original.  Changes from "board" to "commissioner" in substitute, and
adds rulemaking subsection. 

SECTION 2. Changes from amending Article 18.23, Insurance Code to adding
Article 18.25, and Article 18.26 to Chapter 18, Insurance Code.  Keeps all
language to be deleted under original bill.  Article 18.25 requires such
companies to file a schedule of charges.  Article 18.26 adds rulemaking
authority. 

SECTION 3. Changes from adding new Section 6, Article 5.101 to adding
Article 19.14 and 19.15 to Chapter 19, Insurance Code.  Keeps language to
be deleted in original bill.  New sections relate to filing a schedule of
charges and Rulemaking authority.