HBA-JLV H.B. 2811 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2811 By: Wolens State Affairs 7/2/2001 Enrolled BACKGROUND AND PURPOSE The Texas Legislative Council is required by law (Section 323.007, Government Code) to carry out a complete nonsubstantive revision of the Texas statutes. The process involves reclassifying and rearranging the statutes in a more logical order, employing a numbering system and format that will accommodate future expansion of the law, eliminating repealed, invalid, duplicative, and other ineffective provisions, and improving the draftsmanship of the law, if practicable--all toward promoting the stated purpose of making the statutes "more accessible, understandable, and usable" without altering the sense, meaning, or effect of the law. In 1965 the council adopted a long-range plan of compiling the law into 26 codes arranged by general topics. Although some reorganization has occurred since the original proposal, the number of projected codes remains at 26. Proposed Titles 6 and 7 and Subtitle H, Title 8, Insurance Code, are a nonsubstantive revision of certain provisions of the existing Insurance Code applicable to insurers and related entities, including topics such as the licensure of insurers in general, life insurance, and certain group insurance programs for governmental employees. The included provisions of the Insurance Code are divided into three titles. In the case of Title 8, only Subtitle H is included. Specifically, the provisions of the Insurance Code are: Title 6, Organization of Insurers and Related Entities; Title 7, Life Insurance and Annuities; and Subtitle H, Title 8, Health Benefits and Other Coverages for Governmental Employees. Each of the titles is divided into subtitles, and the subtitles are divided into chapters, subchapters, and sections. Sections are numbered decimally, and the number to the left of the decimal point is the same as the chapter number. Gaps in chapter and section numbering are for future expansion. The council legal staff has taken meticulous care to ensure that no substantive change has been made in the law and to preserve any ambiguity or interpretation that may exist in current law. The staff has developed an extensive mailing list, and drafts of the proposed titles and subtitle have been widely distributed for review and comment to interested individuals, organizations, businesses, industry representatives, and governmental agencies. The text of the proposed titles and subtitle have been made available on the Texas Legislative Council Internet site. The staff has studied the comments and suggestions of persons reviewing the proposed titles and subtitle and is taking action to satisfy the concerns expressed. Titles 6 and 7 and Subtitle H, Title 8, Insurance Code, are a nonsubstantive revision of Texas law. The substance of the law has not been altered. The sole purpose of these provisions is to compile the relevant law, arrange it in a logical fashion, and rewrite it without altering its meaning or legal effect. If a particular source statute is ambiguous and the ambiguity cannot be resolved without a potential substantive effect, the ambiguity is preserved. 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 The bill proposes Titles 6 and 7 and Subtitle H, Title 8, Insurance Code, a nonsubstantive revision of certain provisions of the existing Insurance Code applicable to insurers and related entities, including licensure of insurers in general, life insurance, and certain group insurance programs for governmental employees. The bill also includes conforming amendments to Titles 1 and 2 of the Insurance Code, necessary to continue without substantive change provisions of law not codified as part of Titles 6 and 7 and Subtitle H, Title 8, Insurance Code, and to ensure that other substantive changes are not made. In addition, the bill repeals the laws that are revised in the bill as well as laws that have expired or that have been impliedly repealed. Finally, the bill includes a statement of the legislative intent to recodify only. EFFECTIVE DATE The bill is effective June 1, 2003, in order to provide all affected parties a complete legislative cycle to review more closely what the legislature has enacted.