HBA-ATS H.B. 2903 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2903
By: Counts
Insurance
4/4/1999
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.  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 mutual insurance companies are
the exception.  They set their own rates without limitations, and because
most of them specialize in high-risk drivers, they generally charge more.
In fact, county mutual rates are generally higher than those charged by the
Texas Automobile Insurance Plan Association (TAIPA), the risk-assignment
plan available for drivers unable to find basic liability coverage
elsewhere.  County mutual insurers are not subject to assignments from
TAIPA.  

Seizing on these facts, some insurers that are subject to rate regulation
under the flexible rating program have transferred some of their automobile
insurance business to county mutual insurers they control or with which
they have an affiliation, to circumvent rate regulation.  H.B. 2903
prohibits a county mutual insurer, to avoid the circumvention of the
flexible rating program, from writing private passenger automobile
insurance for any insured at a rate that, after the application of any
discount available to the insured under Texas Department of Insurance
rules, is lower than the highest rate allowed under the flexibility band
for that insured. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3, Article 5.101, Insurance Code, by adding
Subsection (r), as follows: 

(r) Prohibits a county mutual insurance company (county mutual), to avoid
the circumvention of the flexible rating program, from writing private
passenger automobile insurance for any insured at a rate that, after the
application of any discount available to the insured under Texas Department
of Insurance rules, is lower than the highest rate allowed under the
flexibility band for that insured.  Requires a county mutual to make any
filing necessary to comply with this subsection by the 60th day after the
effective date of a benchmark rate. Continues in effect the rates of the
county mutual that are in effect on the effective date of the benchmark
rate until the filing is made.  Sets forth that this subsection does not
apply to single interest insurance or insurance on mobile homes, motor
homes, travel trailers, or motorcycles. 

SECTION 2.  Makes application of this Act prospective for an insurance
policy that is delivered, issued for delivery, or renewed on or after
September 1, 1999. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.