HBA-TBM C.S.H.B. 1162 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1162
By: Eiland
Insurance
3/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Windstorm Insurance Association (association) is comprised of all
property insurers authorized to transact property insurance in Texas.
Under current law, the association is required to issue property insurance
covering insurable property in the 14 Texas counties contiguous with the
Gulf of Mexico.  The association writes both commercial and residential
risk plans in these counties.  Rates for commercial policies are set each
year by the commissioner of insurance (commissioner) at an open meeting and
may not be contested.  Residential policy rates, determined as part of the
annual benchmark rate hearing process, are contestable.  Contesting the
residential policy rates is an expensive process in terms of time consumed
as well as the cost.  C.S.H.B. 1162 authorizes the commissioner to set
rates for residential policies issued by the association in the same manner
in which commercial rates are set.   

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. 

ANALYSIS

C.S.H.B. 1162 amends the Insurance Code to modify provisions regarding
rates and rating plans in the Texas Windstorm Insurance Association Act
(Act).   

The bill provides that each rate established by the commissioner of
insurance (commissioner) in accordance with the Act must be uniform
throughout the catastrophe area in the seacoast territory (Sec. 8(h)(1),
Art. 21.49).  The bill deletes provisions related to the rates of
noncommercial windstorm and hail insurance written by the Texas Windstorm
Insurance Association (association) (Sec. 8(h)(3), Art. 21.49).  Not later
than August 15, rather than August 1, of each year, the association is
required to file with the Texas Department of Insurance (TDI) for approval
by the commissioner a proposed manual rate for all types and classes of
risks written by the association.  The bill removes provisions requiring
the rate to be 90 percent of the rate for extended coverage for commercial
risks (Sec. 8(h)(2), Art. 21.49).  After conclusion of the open meeting to
allow interested persons to comment on the filing, the commissioner is
required to approve or disapprove or modify the filing in writing on or
before November 15 instead of November 1 of the year in which the filing is
made or the filing is deemed approved.  The association is authorized to
file an amended filing with the commissioner, not later than 30 days
instead of 10 days after the date the association receives disapproval from
the commissioner (Sec. 8(h)(6), Art. 21.49).  The bill authorizes the
commissioner to modify an amended filing of the manual rate before
approving it (Sec. 8(h)(7), Art. 21.49). The bill authorizes the
association to request and the commissioner to approve a different period
of in time in which the association is required to provide additional
supporting information related to a filing or an amended filing (Sec.
8(h)(8), Art. 21.49).  The bill sets forth provisions for the development
of rates and the determination of the catastrophe and non-catastrophe
elements of rates promulgated under the Act (Secs. 8(h)(9, 11, 12, and 13),
Art. 21.49).  The bill requires TDI to value the loss and loss adjustment
expense data to be used for a filing not earlier than March 31 of the year
before the year in which the filing is to be made (Sec. 8(h)(15), Art.
21.49).  Not later than June 1 of each year, TDI is required to provide the
experience data to be used in establishing the rates in that year to the
association and other interested  persons (Sec. 8(h)(16), Art. 21.49). 

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1162 differs from the original by modifying the bill to apply to
the catastrophe area in the seacoast territory rather than the first tier
coastal counties (Sec. 8(h)(1), Art. 21.49).  The substitute extends the
time limit from August 1 to August 15 of each year by which the Texas
Windstorm Insurance Association (association) is required to file a
proposed manual rate for all types and classes of risk written by the
association (Sec. 8(h)(2), Art. 21.49).  The substitute changes the dates
the commissioner is required to approve or disapprove or modify the filing
and the association is authorized to make an amended filing (Sec. 8(h)(6),
Art. 21.49).  The substitute provides that a rate filed by the association
is prohibited from reflecting a rate change for an individual rating class
that is 15 percent rather than 25 percent higher or lower than the rate for
that individual class in effect on the date the filing is made.  The
substitute requires the commissioner of insurance (commissioner) to receive
the approval of the governor before suspending this provision (Sec.
8(h)(9), Art. 21.49).  The substitute provides that the noncatastrophe
element of the commercial rates must be developed using 100 percent of both
the loss experience and related premium income for the association for
covered property using the most recent 10 years of experience available
(Sec. 8(h)(13), Art. 21.49).  The substitute extends the date from March 31
to June 1 by which the Texas Department of Insurance (TDI) is required to
provide experience data to the association and other interested parties
(Sec. 8(h)(16), Art. 21.49).   

The substitute removes the provision that requires rates promulgated under
this article to be developed in accordance with the ususal and customary
actuarial methodology used by the commissioner to promulgate property
insurance rates.  The substitute removes provisions relating to the
contents and organization of the experience data provided by TDI.