HBA-TBM H.B. 1408 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1408
By: Junell
Insurance
57/17/2001
Enrolled
BACKGROUND AND PURPOSE 

Prior to the 77th Legislative Session, when a person who purchases
insurance paid the premium on a quarterly basis, the person ran the risk of
paying for coverage that would not be used if the person canceled the
policy prior to the end of the prepaid, four-month period.  The premium
payments made for the months that were not covered were usually not
automatically reimbursed by an insurer, as an insurance company had the
discretion to either keep those premium payments or reimburse the insured.
The state of Texas did not have any laws that required the insurer to
reimburse the insured for unearned premium payments. House Bill 1408
requires all insurance companies to promptly reimburse to the insured all
unearned premium payments.   

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 21.29, Insurance Code) in this bill.   

ANALYSIS

House Bill 1408 amends the Insurance Code to require a guaranty association
to promptly refund to a special assigned deputy receiver an unearned
premium.  If an insurer issues a policy of insurance that requires the
insurer to maintain an unearned premium reserve for the portion of the
written policy premium applicable to the unexpired or unused part of the
policy period for which the premium has been paid and the policy is
canceled or terminated by the insured or the insurer before the end of the
policy term with a remaining unearned premium reserve on the policy, the
insurer is required to promptly refund to the policyholder the appropriate
portion of the unearned premium.  The bill also requires a guaranty
association to promptly refund any unearned premium.  The commissioner of
insurance is required to adopt rules necessary to implement these
provisions.  The bill provides that nothing in this article affects the
obligation of an insurer to pay an unearned premium to a premium finance
company.   

EFFECTIVE DATE

September 1, 2001.  The provisions in this bill apply only to an insurance
premium paid to an insurer on or after January 1, 2002.