By Burnam                                             H.B. No. 2891
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to legislative review of the use of credit histories as an
 1-3     underwriting guideline.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  JOINT INTERIM COMMITTEE ON THE USE OF CREDIT
 1-6     HISTORIES AS AN UNDERWRITING GUIDELINE. (a)  The lieutenant
 1-7     governor and the speaker of the house of representatives shall
 1-8     appoint a joint interim committee to study the use of credit
 1-9     histories as an underwriting guideline.
1-10           (b)  The committee shall:
1-11                 (1)  conduct research regarding the use of credit
1-12     histories as an underwriting guideline by insurers in writing a
1-13     line of insurance subject to this article.
1-14                 (2)  examine the effect of those guidelines and whether
1-15     their use results in discrimination by an insurer against an
1-16     applicant for insurance of an insured because of the person's:
1-17                       (A)  race or ethnicity;
1-18                       (B)  economic status; or
1-19                       (C)  geographic area a indicated by the person's
1-20     zip code.
1-21                 (3)  develop recommendations regarding the use of
1-22     credit histories as an underwriting guideline; and
1-23                 (4)  address any other issues related to underwriting
 2-1     guidelines as determined by the committee.
 2-2           (c)  Each insurer shall cooperate with the committee in the
 2-3     research.  The committee may require an insurer to submit to the
 2-4     committee copies of the underwriting guidelines used by the insurer
 2-5     in writing insurance policies subject to this article.  The insurer
 2-6     shall submit the underwriting guidelines in the form prescribed by
 2-7     the committee.
 2-8           (d)  In conducting the research required by this article, the
 2-9     committee shall comply with the confidentiality requirements
2-10     regarding underwriting guidelines under Section 38.002 of this
2-11     code.
2-12           (e)  The Texas Department of Insurance shall assist the
2-13     committee in conducting the study required by this Act at the
2-14     direction of the committee, using funds appropriated to the
2-15     department for that purpose or using other funds appropriated to
2-16     the department.  At the direction of the committee, the department
2-17     shall contract with other entities to assist in conducting all or
2-18     part of the study required by this Act.
2-19           (f)  The committee shall submit a report and recommendations
2-20     to the legislature in a manner established in the order of the
2-21     lieutenant governor and speaker of the house representatives that
2-22     appoints the committee and shall operate according to procedures
2-23     established in that order.
2-24           (g)  The committee shall complete the report and
2-25     recommendations required by this Act not later than January 1,
2-26     2003.  This Act expires and the committee is abolished June 1,
 3-1     2003.
 3-2           (h)  Definitions.  In this act:
 3-3                 (1)  "Credit history" means information regarding an
 3-4     individual's past history of:
 3-5                       (A)  financial responsibility;
 3-6                       (B)  payment habits; or
 3-7                       (C)  credit worthiness.
 3-8                 (2)  "Insurer" means an insurer authorized to write
 3-9     property and casualty insurance in this state, including:
3-10                       (A)  a county mutual insurance company;
3-11                       (B)  a Lloyd's plan;
3-12                       (C)  a reciprocal or interinsurance exchange; and
3-13                       (D)  a farm mutual company.
3-14                 (3)  "Underwriting guideline" means a rule, standard,
3-15     marketing decision, or practice that is used by an insurer or an
3-16     agent of an insurer to examine, bind, accept, reject, cancel, or
3-17     limit insurance coverage to groups of consumers of insurance.
3-18           (i)  Application.  This article applies to:
3-19                 (1)  a private passenger motor vehicle insurance
3-20     policy;
3-21                 (2)  a homeowner's or farm or ranch owner's insurance
3-22     policy; and
3-23                 (3)  a standard fire insurance policy for a one-family
3-24     dwelling, a duplex, or the contents of a one-family dwelling, a
3-25     duplex, or an apartment.
3-26           SECTION 2.  This Act takes effect immediately if it receives
 4-1     a vote of two-thirds of all the members elected to each house, as
 4-2     provided by Section 39, Article III, Texas Constitution.  If this
 4-3     Act does not receive the vote necessary for immediate effect, this
 4-4     Act takes effect September 1, 2001.