RS S.B. 1499 75(R)    BILL ANALYSIS


INSURANCE
S.B. 1499
By: Sibley (Dutton)
5-2-97
Committee Report (Unamended)


BACKGROUND 

Currently, policy forms and endorsements for property insurance coverage
are promulgated and approved by the commissioner of insurance.  Some
insurers which operate in more than one state desire the same flexibility
to file and use policy forms as is provided for commercial lines of
insurance.  This bill provides for the regulation of  policy forms under
the same regulatory system for commercial lines of insurance.
Additionally, this bill would authorize the commissioner to adopt policy
forms and endorsements of national insurers, and allow insurers to use
endorsements that provide reduced coverage under approved policy forms. 

PURPOSE

As proposed, S.B. 1499 would change the way Texas regulates property
insurance forms.  The bill provides for the regulation of policy forms for
property insurance under the same regulatory system for commercial lines
of insurance.  Additionally, this bill would authorize the commissioner of
insurance to adopt policy forms and endorsements of national insurers, and
allow insurers to use endorsements that provide reduced coverage under
approved policy forms. 

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 5.13-2(1), Insurance Code, to provide that this
article governs the regulation of commercial property, which is to include
farm and ranch owners and farm and ranch policies. 

SECTION 2. Amends Article 5.13-2(8)(e), Insurance Code,  to authorize the
commissioner of insurance (commissioner) to disapprove a form or
endorsement filed under this section, or withdraw any previous approval
thereof, if the form or endorsement meets certain provisions.  Deletes a
provision relating to forms submitted by insurers. 

SECTION 3. Amends Article 5.25(b), Insurance Code, to delete a provision
relating to rates for farm and ranch owners. 

SECTION 4. Amends Article 5.25A(b), Insurance Code, to make a conforming
change. 

SECTION 5. Amends Article 5.26(i), Insurance Code, to make a conforming
change. 

SECTION 6. Amends Article 5.28(d), Insurance Code, to make a conforming
change. 

SECTION 7. Amends Article 5.29(b), Insurance Code, to make a conforming
change. 

SECTION 8. Amends Article 5.30(b), Insurance Code, to make a conforming
change. 

SECTION 9. Amends Article 5.31(b), Insurance Code, to make a conforming
change. 

 SECTION 10. Amends Article 5.32(b), Insurance Code, to make a conforming
change.  

SECTION 11. Amends Article 5.33B(2)(a), Insurance Code, to make a
conforming change. 

SECTION 12. Amends Article 5.34(b), Insurance Code, to make a conforming
change. 

SECTION 13. Amends Article 5.35, Insurance Code to require the
commissioner, rather than the State Board of Insurance, to adopt certain
policy forms and endorsements. Authorizes the commissioner to adopt policy
forms and endorsements adopted by a national organization of insurance
companies or similar organization on policy forms and endorsements for
certain kinds of insurance under Subsection (b).  Defines "national
insurer."  Deletes a provision relating to the use of specific forms.
Authorizes an insurer to use forms and endorsements approved by the
commissioner.  Deletes a provision prohibiting certain agreements.
Prohibits an insurance policy or endorsement for use in writing the types
of insurance subject to this article from being delivered or issued for
delivery in this state unless adopted or approved by the commissioner
pursuant to this article.  Deletes a provision regarding approval of
certain forms. Deletes a provision relating to using endorsements to
policy forms. Sets forth filing requirements pursuant to Subsection (c) or
(d). Authorizes the commissioner to disapprove policy forms or
endorsements, if certain requirements are met. Sets forth procedures for
disapproving policy forms or endorsements.  Prohibits a form or
endorsement  from being used after disapproval or withdrawal of approval.
Deletes a provision relating to withdrawal of approval. Makes conforming
changes 

SECTION 14. Amends Article 5.39(b), Insurance Code, to make a conforming
change. 

SECTION 15. Amends Article 5.40(d), Insurance Code, to make a conforming
change.   

SECTION 16. Amend Article 5.41(b), Insurance Code, to make a conforming
change. 

SECTION 17. Amend Article 5.73(5), Insurance Code,  to provide for the
authority of this section to be reviewed during the normal Sunset cycle of
the Department of Insurance instead of September 1, 1997. 

SECTION 18. Amends Article 5.101(4), Insurance Code, to authorize insurers
who provide reduced coverage to assess a reduced charge. 

SECTION 19. Effective date: September 1, 1997.
  Makes application of this Act prospective to January 1, 1998.

SECTION 20. Emergency clause.