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.