LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 1, 1997
         
         
      TO: Honorable David Sibley, Chair            IN RE:  Senate Bill No. 1894
          Committee on Economic Development                              By: Sibley
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB1894 ( Relating 
to the authority of the commissioner of insurance to adopt rules 
for general application.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB1894-As Introduced
         
Implementing the provisions of the bill would result in a net 
positive impact of $455,322 to General Revenue Related Funds 
through the biennium ending August 31, 1999.
         

         
 
Fiscal Analysis
 
This bill would amend Article 1.03A of the Insurance Code to 
require that Texas Department of Insurance (TDI) rules be written 
in "clear and concise" language and that each rule state the 
subject matter to be regulated and the specific statutory authority 
for the rule.  The bill state's that neither Article 1.03A nor 
any other provision of the Insurance Code may be used as general 
authority for rule-making.  

According to TDI, under current 
law if a statute needs clarification, TDI adopts a rule to strengthen 
the statute's intent.  This bill would prohibit the agency from 
adopting a rule when the statute does not allow for general 
rulemaking.  Therefore, the agency would have to increase the 
number of enforcement actions to enforce statutory provisions. 
 Two additional attorneys, one legal assistant, and one legal 
secretary would be needed to prosecute new enforcement cases. 
 Total costs to TDI General Revenue-Dedicated Fund 036 for these 
four FTEs would be $194,597 in FY 1998 and $172,018 in FYs 1999 
through 2002.  

These increased enforcement actions would 
increase the amount of penalties and restitution assessed for 
unfair and illegal practices.  Total gain to General Revenue 
is estimated to be $227,661 per year.  

According to TDI, 
the bill would also impact the rule adoption process by requiring 
TDI to respond to challenges on whether it had sufficient rule 
making authority to adopt certain pro-solvency standards which 
have been in use for many years.  Also, the bill may jeopardize 
the ability of TDI to continue to use a number of pro-solvency 
standards which TDI currently adopts by rule. 

While it is 
believed that TDI would be largely able to continue to use the 
majority of these pro-solvency standards, it is also believed 
that TDI may be precluded from using certain portions of or 
sub-sets of these standards.  As a result, TDI may need to perform 
a slightly higher number of target examinations, which are performed 
on insurers whose financial condition cause regulatory concerns. 
 A target examination may be done on an insurer if it has been 
determined that the insurer should be examined every 2 years 
instead of the mandated 3 year interval.  Since this workload 
increase is uncertain, no additional costs are associated with 
these examinations.
 
Methodolgy
 
Fiscal impact and estimates were based on the anticipated increase 
in workload required to implement this bill.  In FY 96, there 
were 42 enforcement actions and seven attorneys handling these 
cases.  Based on approximately 15 new enforcement actions due 
to the provisions of the bill, two additional attorneys would 
be needed to prosecute these new cases with one legal assistant 
and one legal secretary needed for research, document organization 
and support.  

Total gain to General Revenue of $227,661 
per year is based on penalties and restitution from the 42 Market 
Activity enforcement actions in FY 96:

(1) Penalties: $13,464.29 
per action in FY 96 OR $201,964.35 for 15 actions; and,
(2) 
Restitution: $1,713.12 per action in FY 96 OR $25,696.80 for 
15 actions.
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable           Probable Revenue   Change in Number   
            Savings/(Cost)     Gain/(Loss) from   of State                                                
            from Texas         General Revenue    Employees from                                          
            Department of      Fund               FY 1997                                                 
            Insurance                                                                                     
            Operating                                                                                     
            Account/                                                                                      
            GR-Dedicated                                                                                  
            0036               0001                                                                        
       1998        ($194,597)          $227,661               4.0                                    
       1998         (172,018)           227,661               4.0                                    
       2000         (172,018)           227,661               4.0                                    
       2001         (172,018)           227,661               4.0                                    
       2002         (172,018)           227,661               4.0                                    
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998             $227,661
               1999              227,661
               2000              227,661
               2001              227,661
               2002              227,661
 
          
   Source:            Agencies:   454   Department of Insurance
                                         
                      LBB Staff:   JK ,TH ,BK