SRC-SLL H.B. 3575 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3575
By: Brimer (Armbrister)
Economic Development
5-18-97
Engrossed


DIGEST 
In 1989, S.B. 1 changed the Texas Workers' Compensation Assigned Risk Pool
to the Texas Workers' Compensation Insurance Facility (facility).  In
1991, H.B. 62 mandated that the facility should cease writing new policies
on or after January 1, 1994 and cease being the insurer of last resort,
and required that its claim assets and liabilities be transferred to the
Texas Workers' Compensation Insurance Fund (fund) no later than January 1,
1999.  This bill will provide regulations regarding the conversion or
transfer of the facility. 

PURPOSE

As proposed, H.B. 3575 provides regulations regarding the conversion or
transfer of the Texas Workers' Compensation Insurance Facility. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in
SECTION 2.02 (Section 26(n), Article 21.28-C, Insurance Code) of this
bill. 

SECTION BY SECTION ANALYSIS

PART 1.  PRIVATIZATION OF FACILITY

SECTION 1.01. PURPOSE.  Provides that the purpose of this part is to
provide a means to convert the Texas Workers' Compensation Insurance
Facility (facility) into a stock insurance company (company) and
facilitate the transfer of control to a third party as provided by this
part; and ensure that the converted facility has full authority to enforce
the rights of the facility existing immediately before the effective date
of the conversion without impairment or limitation, except as expressly
provided by this part. 

SECTION 1.02. DEFINITIONS.  Defines "closing date," "commission,"
"commissioner," "converted facility," "facility," "fund," "insurer," and
"servicing company." 

SECTION 1.03. CONVERSION; CONVERSION EFFECTIVE DATE; CONTINGENT TRANSFER.
Sets forth regulations regarding the conversion of the facility into a
company and the conversion effective date. 

SECTION 1.04. CONVERSION AGREEMENT.  Authorizes the facility to enter into
an agreement to issue and sell shares of the capital stock created as a
result of the conversion described by Section 1.03 of this part.  Requires
the agreement, in order for it to take effect, to be approved by a
majority of the voting members of the governing committee of the facility
at a meeting at which a quorum is present. 

SECTION 1.05. COMMISSIONER APPROVAL.  Sets forth regulations regarding
approval of the agreement by the commissioner of insurance. 

SECTION 1.06. EFFECT OF CONVERSION.  Sets forth the effects of the
conversion.  

SECTION 1.07. APPLICABLE LAW.  Provides that, except as otherwise provided
by this part, Article 5.76-2, Insurance Code, ceases to apply to the
facility on the closing date and does not apply  to the converted
facility.  Provides that specifically, neither the converted facility nor
any other insurer succeeds to the facility's right to assess the
facility's member insurers under Section 4.04, Article 5.76-2, Insurance
Code. 

SECTION 1.08. COMPLIANCE; CAPITALIZATION REQUIREMENTS.  Sets forth
regulations regarding compliance and capitalization requirements. 

SECTION 1.09. FINAL ASSESSMENT.  Sets forth regulations regarding a final
assessment to be made by the facility through its governing committee. 

SECTION 1.10. IMMUNITY.  Provides that the immunity provisions of Sections
2.05(h) and 2.12, Article 5.76-2, Insurance Code, as those provisions
existed before their repeal, continue to apply to each act or omission
that occurs before, on, or after the closing date and that is performed by
the persons or entities covered by those provisions, including an act or
omission related to the powers and duties contained in this part. 

SECTION 1.11. DEFENSE; INDEMNIFICATION.  Sets forth regulations regarding
the defense and indemnification of certain persons by the facility. 

SECTION 1.12. CONTROLLING LAW.  Provides that if a conflict exists between
this part and any other statute relating to the facility, this part
controls. 

SECTION 1.13. CONFORMING AMENDMENT.  Amends Article 21.28-C, Insurance
Code, by adding Sections 26 and 27, as follows: 

Sec.  26.  COVERAGE FOR WORKERS' COMPENSATION INSURANCE POLICIES ISSUED BY
TEXAS WORKERS' COMPENSATION INSURANCE FACILITY.  Sets forth regulations
regarding coverage for workers' compensation insurance policies issued by
the facility. 

Sec.  27.  IMMUNITY.  Provides that there is no liability on the part of,
and a cause of action does not arise against, certain persons for any act
or omission in the performance of any activity related to the negotiations
relating to the privatization of the facility.  Provides that this section
applies to each activity undertaken by such a person or entity, regardless
of the date of the act or omission. 

SECTION 1.14. EFFECTIVE DATE FOR PART 1.  Provides that this part takes
effect immediately. 

PART 2.  CONTINGENT TRANSFER

SECTION 2.01. TRANSFER TO TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY
ASSOCIATION; EFFECTIVE DATE.  Effective date: September 1, 1997.  Makes
application of this Act prospective. 

SECTION 2.02. CONFORMING AMENDMENT.  Amends Article 21.28-C, Insurance
Code, by adding Section 26, as follows: 

Sec.  26.  TRANSFER OF FACILITY TO ASSOCIATION.  Sets forth regulations
regarding the transfer of the facility to the association.  Defines
"comptroller," "facility," "fund," "insurer," and "Texas workers'
compensation insurance facility account." 

PART 3.  REPEALER; TRANSITION; EMERGENCY

SECTION 3.01. REPEALER.  Provides that Article 5.76-2, Insurance Code
(Texas Workers' Compensation Insurance Facility), and Section 18.24(b),
Chapter 12, Acts of the 72nd Legislature, 2nd Called Session, 1991, as
amended by Section 8, Chapter 885, Acts of the 73rd Legislature, Regular
Session, 1993 (Regarding the Texas workers' compensation insurance
facility), are repealed on the effective date of this Act except as
otherwise provided by this Act. 
 
SECTION 3.02. SEVERABILITY CLAUSE.

SECTION 3.03. SAVING CLAUSE.  Provides that the repeal of Article 5.76-2,
Insurance Code, under SECTION 3.01 of this Act does not affect rights and
liabilities accruing under that article before the effective date of this
Act, and that article is continued in effect for that purpose and for the
purposes expressly provided by this Act or Section 26, Article 21.28-C,
Insurance Code, as added by this Act. 

SECTION 3.04. EFFECTIVE DATE.  Provides that this part takes effect on the
closing date of the conversion of the facility under Part 1 of this Act as
that date is defined by Section 1.02 of this Act; or on September 1, 1997,
if Part 2 of this Act takes effect. 

SECTION 3.05. Emergency clause.