By Smithee                                            H.B. No. 1945
         77R7070 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the rulemaking authority of the commissioner of
 1-3     insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 36.001(b), Insurance Code, is amended to
 1-6     read as follows:
 1-7           (b)  Rules adopted under this section must:
 1-8                 (1)  have general and uniform application; and
 1-9                 (2)  allow the department to promptly address
1-10     developing  market practices that result from changes in federal
1-11     laws and rules, technology, and information availability occurring
1-12     in the financial services industry.
1-13           SECTION 2. Section 36.002, Insurance Code, is amended by
1-14     amending Subsection (a) and adding Subsection (c) to read as
1-15     follows:
1-16           (a)  Except as provided by Subsection (c), a [A] rule adopted
1-17     by the commissioner under Chapter 2001, Government Code, is void
1-18     if:
1-19                 (1)  the fiscal note or the public benefit-cost note
1-20     required by Section 2001.024, Government Code, does not accurately
1-21     state the reasonable actual costs required; and
1-22                 (2)  the reasonable actual costs required exceed the
1-23     stated costs by at least 25 percent.
1-24           (c)  This section does not apply to a rule the commissioner
 2-1     determines is necessary to allow the department to promptly address
 2-2     developing  market practices that result from changes in federal
 2-3     laws and rules, technology, and information availability occurring
 2-4     in the financial services industry.
 2-5           SECTION 3. Section 36.004, Insurance Code, is amended to read
 2-6     as follows:
 2-7           Sec. 36.004.  COMPLIANCE WITH NATIONAL ASSOCIATION OF
 2-8     INSURANCE COMMISSIONERS REQUIREMENTS. (a)  Except as provided by
 2-9     Subsection (b), the [The] department may not require an insurer to
2-10     comply with a rule, regulation, directive, or standard adopted by
2-11     the National Association of Insurance Commissioners, including a
2-12     rule, regulation, directive, or standard relating to policy
2-13     reserves, unless application of the rule, regulation, directive, or
2-14     standard is expressly authorized by statute and approved by the
2-15     commissioner.
2-16           (b)  This section does not apply to a rule the commissioner
2-17     determines is necessary to allow the department to promptly address
2-18     developing  market practices that result from changes in federal
2-19     laws and rules, technology, and information availability occurring
2-20     in the financial services industry.
2-21           SECTION 4. Article 3.42(p), Insurance Code, is amended to
2-22     read as follows:
2-23           (p)  The commissioner may [is hereby authorized to] adopt
2-24     [such] reasonable rules [and regulations] as [are] necessary to
2-25     implement and accomplish the specific provisions of this Article
2-26     and are within the standards and purposes of this Article.  The
2-27     commissioner shall adopt rules under this Article in compliance
 3-1     with Chapter 2001, Government Code (Administrative Procedure Act).
 3-2     A rule adopted under this Article may not be repealed or amended
 3-3     until the first anniversary of the adoption of the rule unless the
 3-4     commissioner finds:
 3-5                 (1)  in a public hearing after notice that there is a
 3-6     compelling public need for the amendment or repeal of the rule or
 3-7     part of the rule; or
 3-8                 (2)  that the rule is required to allow the department
 3-9     to promptly address developing  market practices that result from
3-10     changes in federal laws and rules, technology, and information
3-11     availability occurring in the financial services industry.
3-12           SECTION 5.  This Act takes effect immediately if it receives
3-13     a vote of two-thirds of all the members elected to each house, as
3-14     provided by Section 39, Article III, Texas Constitution.  If this
3-15     Act does not receive the vote necessary for immediate effect, this
3-16     Act takes effect September 1, 2001.