SRC-MWN H.B. 2159 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2159
By: Thompson (Carona)
Business & Commerce
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Credit life insurance and credit accident and health insurance products are
sold in conjunction with credit transactions. Generally, such products are
made available to a consumer who purchases an item of substantial cost and
intends to make payments on that purchase. The purpose of the insurance
product is to protect the debtor during the term of the contract by
ensuring the loan will be repaid if the debtor is unable to pay because of
serious illness or death. Currently, the commissioner of insurance
(commissioner) sets the applicable rates for this product. H.B. 2159
authorizes an insurer to establish rates if the rates comply with certain
conditions determined by the commissioner.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTIONS 1 (Article 3.28(3), Insurance Code), and 2 (Article 3.53(8)A,
Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 3.28(3), Insurance Code, as follows:

Sec. 3. Computation of Minimum Standard. Sets forth criteria regarding
computation of minimum standard. Provides that notwithstanding any other
law, the minimum reserve requirements applicable to a credit life policy
issued under Article 3.53 of this code are met if, in aggregate, the
reserves are maintained at 100 percent of the 1980 Commissioner's Standard
Ordinary Mortality Table, with interest not to exceed 5.5 percent, but in
no event shall the reserves be less than the unearned premium reserve
required for such policies.  Authorizes the commissioner of insurance
(commissioner) to use another mortality table adopted after 1980 by the
National Association of Insurance Commissioners provided the Commissioner
approves such mortality table by rule.  Provides that this subsection
expires September 1, 2013. 

SECTION 2. Amends Article 3.53(8)A, Insurance Code, as follows:

A. (1) Authorizes any insurer to revise its schedules of premium rates for
various classes of business from time to time, and to require to file such
revised schedules and classes of business with the commissioner. Makes
conforming changes. 
 
(2) Authorizes the commissioner, rather than the State Board of Insurance,
after notice and hearing, to by rule adopt a presumptive premium rate for
various classes of business and terms of coverage. Requires an insurer that
does not adopt a different rate under Subdivision (5) of this subsection to
adopt the presumptive rate adopted by the commissioner. Requires any
hearing conducted or order adopting a presumptive rate pursuant to this
section, except as provided in this article, to be held in accordance with
the rulemaking authority provisions of Chapter 2001 (Administrative
Procedure), Government Code. Requires the commissioner to set forth in the
order adopting a presumptive rate findings and conclusions on all material
issues presented at the hearing. Deletes text regarding promulgate and
presumed coverage and presumption. Deletes  text regarding the
Administrative Procedure and Texas Register Act. 

  (3) Makes conforming changes.

(4) Authorizes any person aggrieved by the action of the commissioner,
rather than board, in the setting of a presumptive rate or any other action
taken with regard to the setting of such presumptive rate, not later than
the 30th day after the date the commissioner adopts a presumptive rate
order, to file a petition for judicial review in a district court in Travis
County.  Requires the scope of judicial review to be pursuant to Section
2001.174 (Review Under Substantial Evidence Rule or Undefined Scope of
Review), Government Code. Deletes text regarding the board. 

(5)  Requires an insurer electing to deviate from the benchmark rate to
file with the commissioner the insurer's proposed rate for credit life and
credit health and accident insurance, including commission rates and how
those rates are paid or charged. Requires the insurer, if the proposed rate
represents a rate increase, to specify the amount of and the reason for the
increase.  Authorizes the commissioner to reject any rate increase if the
commissioner finds that the increase is not actuarially justified.
Prohibits an insurer, except as provided by Subdivision (6) of this
subsection, from using a rate that is more than 30 percent higher or more
than 30 percent lower than the presumptive rate.  Provides that except as
provided by this section, a rate that complies with this subdivision is
valid and in compliance with the requirements of this section and other
applicable law. 

(6)  Authorizes an insurer to file with the commissioner a proposed rate
for credit life and credit accident and health insurance that is more than
30 percent higher than or more than 30 percent lower than the presumptive
rate adopted by the commissioner under this section.  Authorizes the
commissioner to disapprove a rate filed under this subdivision on the
ground that the rate does not comply with the terms of this section.
Authorizes a rate filed under this subdivision to be considered to be
approved and the insurer to use the rate if the rate is not disapproved by
the commissioner before the 60th day after the date the insurer filed the
rate. 

(7)  Provides that a rate filed under this section is not excessive unless
the rate is unreasonably high for the coverage provided and a reasonable
degree of competition does not exist with respect to the classification to
which the rate is applicable.  Provides that a rate filed under this
section is not inadequate unless either the rate is insufficient to sustain
projected losses and expenses, or the rate substantially impairs, or is
likely to impair substantially, competition with respect to the sale of the
product. 

(8)  Requires a hearing under Subdivision (6) to be a contested case
hearing conducted under Chapter 2001, Government Code.  Requires a judicial
review of any action of the commissioner under Subdivision (6) to be
governed by Chapter 36D, of this code. 

(b) Provides that the changes made by this Act to Section 8A, Article 3.53,
Insurance Code, expire September 1, 2005. 

SECTION 3. (a) Amends Section 40.003(c), Insurance Code, to provide that
this chapter does not apply to a proceeding conducted under Article 1.04D
or to a preceding relating to certain criteria. 

(b) Provides that the changes made by this Act to Section 40.003(c),
Insurance Code, expire September 1, 2005. 

SECTION 4. Requires the commissioner of insurance, before January 31, 2005,
to submit a report to the 79th Legislature on certain topics. 
 
SECTION 5. Effective date: upon passage or September 1, 2001.