HBA-ATS H.B. 1637 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1637
By: Dutton
Insurance
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Texas has always regulated auto insurance rates.  Before 1991, state law
required the State Board of Insurance (board) to determine and set the
premium rates without providing for flexibility in the rates.  That changed
with the enactment of Article 5.101, Insurance Code, in 1991.  Article
5.101 requires the commissioner of insurance (the successor to the board)
to set a benchmark rate and allow companies to compete within a specific
range, whether above or below the benchmark. Currently, most insurance
companies set their own rates, within a range of 30 percent above or below
the rate.  County mutuals are the exception. They set their own rates,
without limitations. 
  
The idea behind the flexible rating program was to promote and encourage
competition among insurers to keep insurance affordable.  Although the law
has succeeded in providing some degree of flexibility and competition among
automobile insurers and in reducing rates, it has become expensive and time
consuming for companies to have the commissioner determine and fix the
benchmark rates.  Moreover, it may be economically inefficient for a
governmental entity to set market rates.  It appears that in states where
insurers set their own rates and provide a schedule of rates for
informational purposes only, lower premiums have been achieved.  These open
rate jurisdictions protect consumers through antitrust laws and insurance
regulators that focus on the solvency of the insurers and their conduct in
the marketplace. 

H.B. 1637 deletes the statutory mandate that the board is the exclusive
organization empowered to determine the premium rates for motor vehicle
insurance.  In addition, this bill strikes the requirement that auto
insurance rates are determined under the flexible rating program and
includes motor vehicle or automobile insurance among the types of insurance
to which the flexible rating program does not apply. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the commissioner of insurance is modified
in SECTION 4 (Article 5.03-5, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 5.01, Insurance Code, as follows:

Art. 5.01.  New title: FILING SCHEDULES FOR AUTOMOBILE INSURANCE.  (a)
Requires any motor vehicle insurer to file, rather than annually file, with
the Texas Department of Insurance (department) a schedule of premium rates
for insurance and any amount of other fees, rather than file with the State
Board of Insurance (board) a report of the insurer's premiums and losses on
each classifications of motor vehicle risks written in this state. 

(b) Deletes existing Subsection (b) which provides that the board is the
exclusive organization empowered to determine the premium rates for motor
vehicle insurance. 

(c) Deletes existing Subsection (c) which provides that the board must
conduct an annual hearing to review the reports submitted by the insurers
and to adopt new premium rates. 
 
(d) Deletes existing Subsection (d) which provides that the board is
authorized to hire staff to help fulfill its duties, that the board is
required to record motor vehicle insurance losses and collect data to help
make better risk determinations in the future. 

(e) Redesignates existing Subsection (e) to Subsection (b).

(f) Deletes existing Subsection (f) which provides that motor vehicle
insurance rates are determined under the flexible rating program on or
after March 1, 1992, notwithstanding Subsections (a) through (d). 

SECTION 2.  Amends Sections 2(b) and (c), Article 5.03-2, Insurance Code,
as follows: 

(b) Deletes the requirement that the amount of the discount an insurer is
required to give a customer who owns a motorcycle with a qualifying
antitheft device must be greater than a Category I or Category II discount
if the board, by rule, authorizes additional discounts based on the
installation of additional motorcycle antitheft devices.  Deletes
rulemaking authority granted to the State Board of Insurance to authorize
additional discounts based on the installation of additional motorcycle
antitheft devices. 

(c) Authorizes an insurer, rather than requires the board, to set the
amount of the discount under this article (Premium Discounts for Antitheft
Devices). 

SECTION 3.  Amends Section 2(c), Article 5.03-3, Insurance Code, to
authorize an insurer, rather than require the commissioner of insurance
(commissioner), by rule, to set the amount of the discounts under this
article (Premium Discount for Academic Achievement).  Deletes rulemaking
authority granted to the commissioner to set the amount of the discounts
under this article and to adopt other rules necessary for the
implementation of this article.  Makes a nonsubstantive change. 

SECTION 4.  Amends Section 2(f), Article 5.03-5, Insurance Code, to
authorize an insurer, rather than require the commissioner, by rule, to set
the amount of the discount under this article (Premium Discount for Certain
Youth Group Members).  Deletes rulemaking authority granted to the
commissioner  to set the amount of the discount under this article.
However, the commissioner is still authorized to adopt rules necessary for
the implementation of this article.  Makes nonsubstantive and conforming
changes. 

SECTION 5.  Amends Article 5.05, Insurance Code, to make conforming changes.

SECTION 6.  Amends Subsections (1)-(8), Article 5.06, Insurance Code, to
make conforming changes. 

SECTION 7.  Amends Article 5.09, Insurance Code, to make conforming changes.

SECTION 8.  Amends Article 5.11, Insurance Code to make conforming changes.

SECTION 9.  Amends Section 1, Article 5.101, Insurance Code, to include
motor vehicle or automobile insurance among the types of insurance to which
Article 5.101 (Flexible Rating Program for Certain Insurance Lines) does
not apply. 

SECTION 10.  Repealers: Articles 5.01B (Public Information), 5.01-1
(Premium Rating Plans), 5.012 (Lloyd's Plan Insurers and Reciprocal and
Interinsurance), 5.01-3 (Former Military Vehicles), 5.02 (Authority to
Assign Certain Types or Classes to Appropriate Rating Laws), 5.03
(Promulgated Rates as Controlling), 5.03-1 (Premium Surcharge), 5.04
(Experience as Factor), and 5.04-1 (Report of Basic Limits Losses),
Insurance Code. 

SECTION 11.  Effective date: September 1, 1999.
 Makes application of this Act prospective for an insurance policy that is
delivered,  issued for delivery, or renewed on or after January 1, 2000. 

 SECTION 12.  Emergency clause.