SRC-DPW H.B. 3304 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3304
By: Thompson (Sibley)
Economic Development
5/13/1999
Engrossed


DIGEST 

Currently, Article 1.28, Insurance Code, authorizes a domestic insurer, if
it provides written notice to the commissioner of insurance of its intent
to relocate books and records and if the commissioner does not disapprove
within 30 days after that notice is given, to locate and maintain all or
any portion of its books, records, and accounts and its principal offices
outside of Texas at a location within the United States. Although the
expenses incurred by the Texas Department of Insurance (department) to
examine the books, records, accounts, or principal offices of a domestic
insurer located outside Texas are prohibited from being used as a credit on
or offset to the amount of premium taxes to be paid by the insurer to the
state, the department has been hesitant to approve the relocation of books
and records because the reimbursements for expenses are not deposited in
the department's examiners' fund. Due to this, each out-of-state
examination costs the department funds that can be used for other
examinations. This bill would require any books, records, and accounts of
insurance companies that are located outside this state to be made
available to the department, either electronically or at a designated
branch or agency office within this state, within three business days of a
written request by the department.  

PURPOSE

As proposed, H.B. 3304 sets forth requirements and guidelines for the
maintenance of certain books and records of certain insurers. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in SECTION
1 (Section 1(g), Article 1.28, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 1.28, Insurance Code, to provide that this
article does not apply to normal accounts including policyholder and claim
files of a domestic insurance company (insurer), rather than of either a
branch office or agency office of such a company, relating to the business
produced by or through an agency of the company whether or not such agency
is an affiliate under Article 21.49-1. Requires the insurer to be a health
maintenance organization (HMO) that is affiliated with other HMOs or health
care providers.  Prohibits a separate notice of intent from being required
if the insurer has an agreement to maintain its books and records outside
the state that meets the applicable  requirements of Article 21.49-1,
Insurance Code, or this article.  Requires the commissioner of insurance to
adopt rules allowing the maintenance of the books and records of an insurer
subject to this article with a nonaffiliated entity other than an agency
and to allow a domestic HMO to comply with this article. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.