SRC-JBJ H.B. 3697 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3697
By: Siebert (Sibley)
Economic Development
5/9/1999
Engrossed


DIGEST 

Currently, the Texas Workers' Compensation Insurance Fund (fund) provides
workers' compensation insurance to Texas businesses and their employees and
to Texas employers that operate in other states.  The 72nd Texas
Legislature created the fund in 1991 to operate as a workers' compensation
insurance company in the private sector.  However, its purpose is to serve
as a competitive force in the marketplace, guarantee the availability of
workers' compensation insurance in this state, and serve as an insurer of
last resort.  Since January 1, 1992, the fund has written over 250,000
policies that provide coverage to more than 35,000 businesses.
Consequently, the fund has become the largest workers' compensation insurer
in the state.  H.B. 3697 would amend certain regulations regarding the
operation and disposition of certain surpluses of the fund. 

PURPOSE

As proposed, H.B. 3697 amends regulations regard the operation of the Texas
Workers' Compensation Insurance Fund and the disposition of certain
surpluses of that fund. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in SECTION
3 (Section 10A(g), Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 9(c), Article 5.76-3, Insurance Code, to
authorize the Texas Workers' Compensation Insurance Fund (fund) to price,
rather than provide, workers' compensation insurance policies to insureds
in the fund's competitive programs, as well as to insureds to whom policies
are offered by the fund under Article 5.76-4, rather than to insureds who
would not otherwise meet the fund's underwriting standards.  Authorizes the
system to provide lower premium payments by insureds based on the fund's
evaluation of the underwriting characteristics of the individual risk and
the appropriate premium to be charged for the policy coverages, rather than
by insureds who present higher than normal risks within a class. 

SECTION 2.  Amends Section 12, Article 5.76-3, Insurance Code, to delete a
provision providing an exception under Subsection (b), and to strike
language that grants the fund certain tax exemptions. Makes conforming and
nonsubstantive changes. 

SECTION 3.  Amends Article 5.76-5, Insurance Code, by adding Sections 10A
and 10B, as follows: 

Sec. 10A.  REIMBURSEMENT OF MAINTENANCE TAX SURCHARGE BY INSURERS.
Requires the comptroller and the Texas Department of Insurance (department)
to cooperate in preparing a list of the insurers and certified
self-insurers who paid a maintenance tax surcharge for calendar years
1991-1997.  Requires the list to include the amount of the maintenance tax
surcharge paid by each insurance company and certified-self insurer.
Requires the fund to issue separate checks to each insurer and certified
self-insurer for each year in which the tax was paid.  Requires the fund to
make the payments from the surplus of the fund.  Entitles each policyholder
to receive a proportionate share of the amount of the tax paid by the
workers' compensation insurer that provided coverage during each 12month
recoupment period beginning June 1, 1992, and ending May 31, 1998.
Specifies the  procedure required to determined proportionate charge.
Requires each insurer to issue a refund check to the policyholder for the
amount of the refund for each policy written during the recoupment period.
Provides that refunds must be made by September 1, 2000.  Requires each
insurer to file with the department a report that covers each recoupment
period. Enumerates the information required in the report.  Requires the
insurer to notify the department and to return the refund to the fund for
deposit in the surplus of the fund. Requires the department to make a
reasonable effort to locate the policyholder.  Authorizes the department to
charge against the refund the costs for locating the policyholder.
Requires the department, if the policyholder is located, to remit the
refund less the associated costs. Requires that the refund be retained in
the surplus of the fund if the policyholder is not located after all
efforts have been exhausted.  Requires the commissioner to adopt rules as
necessary to implement this section.   

Sec. 10B.  REIMBURSEMENT OF MAINTENANCE TAX SURCHARGE BY FUND. Requires the
fund to provide refunds to policyholders of the fund who paid a certain
share of the tax.  Requires the fund to compute the refund owed to an
affected policyholder using a procedure analogous to that provided for
insurance companies under Section10A. 

SECTION 4.  Amends Chapter 5G, Insurance Code, by adding Article 5.76-6, as
follows: 

Art. 5.76-6.  INTERIM STUDIES.  Requires the fund to enter in a joint
venture with the Research and Oversight Council on Workers' Compensation by
providing data for interim studies.  Requires funding for the studies to be
provided by the fund, to improve work safety in this state and the cost and
quality of health care delivered to injured workers.  Sets forth
examinations the studies are required to include.  Requires the council  to
submit requests for proposals for contracts with private vendors to perform
the studies.  Requires the comptroller to assist the council in bidding,
evaluating, and securing the contracts.  Requires the Texas Workers'
Compensation Commission to assist the council by providing computer data
and other information as necessary for the studies. Authorizes the council
to enter into certain contracts to implement this article.  Requires the
council to report the results of the studies and recommendations for
proposed legislation to the 77th Legislature not later than February 1,
2001.  Requires the council to provide written copies of the report to the
governor, the lieutenant governor, and the speaker of the house of
representatives.  Provides that this article expires March 1, 2001. 

SECTION 5.  Amends Section 3, Article 21.28-C, Insurance Code, to make this
Act applicable to insurance written through the fund.  Makes conforming
changes. 

SECTION 6.  Makes application of this Act prospective to January 1, 2000.

SECTION 7.  Emergency clause.
  Effective date: upon passage.