HBA-DMH H.B. 955 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 955
By: Burnam
Insurance
4/30/2001
Introduced



BACKGROUND AND PURPOSE 

Legislation enacted in 1991 was intended to provide freedom of choice to
consumers having vehicle repairs performed under an auto insurance policy.
In 1997, additional legislation specified unacceptable practices by
insurance companies and required disclosure to consumers of their rights
under state law regarding choice in automotive repair.  The commissioner of
insurance was authorized to promulgate rules to make consumers aware of
such rights.  Despite these protections, insurers are still able to require
the use of substandard or nonmanufactuer parts for vehicle repairs
performed by repair shops under an auto insurance policy.  House Bill 955
prohibits specified persons under an auto insurance policy or in the
settlement of a liability claim, from requiring the use of any part or
product in the repair of a motor vehicle, or from requiring a repair person
or facility to specify any part or product that may be used to repair a
motor vehicle. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated  
to the commissioner of insurance in SECTION 1 (Article 5.07-1, Insurance
Code) of this bill. 

ANALYSIS

House Bill 955 amends the Insurance Code to specify the persons to whom
these provisions apply (person) and to prohibit such a person, under an
auto insurance policy or in the settlement of a liability claim, from
requiring the use of any part or product in the repair of a motor vehicle,
or from requiring a repair person or facility to specify any part or
product that may be used to repair a motor vehicle (Arts. 5.07-1(a),
5.071(g), and 5.07-1(l)).  The bill prohibits a person, in connection with
the repair of damage to a motor vehicle covered under an auto insurance
policy, from reducing the amount paid for repairs by applying predesignated
limits on material-related costs.  The bill also prohibits a person, in
connection with the repair of damage to a motor vehicle, from entering into
an agreement with a repair person or facility that includes restrictions on
the use of certain materials, procedures, or actions that may effect the
motor vehicle's condition, value, or auto insurance coverage (Art.
5.07-1(b)). 

The bill authorizes the commissioner of insurance (commissioner) to
exercise rulemaking authority under the Unfair Claim Settlement Practices
Act with respect to any fraudulent activity (Art. 5.07-1(h)).  The bill
prohibits the commissioner from adopting a rule that allows a person to
specify a nonoriginal equipment manufacturer part as the basis for a damage
report, estimate, or appraisal as a  limit to the cost of a damage repair
in a case which affects the warranty, value, safety, or suitability of
certain motor vehicles (Art. 5.071(j)). 

The bill requires a person who uses or references survey data to determine
reasonable costs for damage repairs or costs to ensure that the survey data
was obtained by statistically sound survey and research methods, to publish
a report containing information with regard to the survey, to provide
copies of the report to the commissioner, and to provide, upon request,
copies to specified entities and individuals (Art. 5.07-1(k)).   

 The bill includes consumer groups, representative of a consumer, and
insurers among the parties that are authorized to submit a written
documented complaint to the Texas Department of Insurance with respect to
an alleged violation of these provisions. (Art. 5.07-1(e)).  The bill
provides that a person commits an unfair and deceptive act or practice in
the business of insurance if the person violates the aforementioned
provisions and is subject to each penalty or other sanction provided by
statutes regarding unfair competition and unfair practices (Art. 5.07-1
(m)).   

EFFECTIVE DATE

September 1, 2001.