By Counts H.C.R. No. 295
77R17109 JXC-D
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, States have sole regulatory authority over the
1-2 business of insurance as provided under the McCarran-Ferguson Act
1-3 and reaffirmed by the Gramm-Leach-Bliley Financial Services
1-4 Modernization Act; and
1-5 WHEREAS, The objectives of state insurance regulation are to
1-6 protect consumers and to ensure the security and stability of
1-7 insurance companies operating throughout the nation; state
1-8 insurance regulation has met these goals for many years,
1-9 confronting great changes in the marketplace and in the
1-10 modernization of financial services; and
1-11 WHEREAS, Despite the historic and continuing success of state
1-12 insurance regulation, states are facing numerous challenges to
1-13 their authority; federal efforts with regard to financial services
1-14 modernization, electronic commerce, and globalization undermine
1-15 state regulation; further, federal efforts to remove regulatory
1-16 barriers between banks and other financial institutions could
1-17 create an advantage for financial service industries at the expense
1-18 of the insurance industry; and
1-19 WHEREAS, Some national associations representing insurers and
1-20 banks doing business in insurance have drafted federal legislation
1-21 designed to either establish one federal regulator of insurance or
1-22 to allow for dual federal and state regulation; and
1-23 WHEREAS, The pursuit of federal regulation of the insurance
1-24 industry erodes state authority and could lead to congressional
2-1 preemption of state insurance laws; and
2-2 WHEREAS, As a result of these actions, the National
2-3 Conference of State Legislatures and the National Association of
2-4 Insurance Commissioners have recognized the urgent need to
2-5 streamline and simplify state insurance regulation and have made a
2-6 commitment to encourage and support state efforts to do so; now,
2-7 therefore, be it
2-8 RESOLVED, That the 77th Legislature of the State of Texas
2-9 hereby respectfully urge the Congress of the United States to
2-10 oppose any proposal to establish either a federal or a bifurcated
2-11 system of insurance regulation and to maintain and assure states'
2-12 authority to regulate the business of insurance; and, be it further
2-13 RESOLVED, That the Texas secretary of state forward official
2-14 copies of this resolution to the president of the United States, to
2-15 the speaker of the house of representatives and the president of
2-16 the senate of the United States Congress, and to all the members of
2-17 the Texas delegation to the congress with the request that this
2-18 resolution be officially entered in the Congressional Record as a
2-19 memorial to the Congress of the United States of America.