C.S.H.B. 639 78(R)    BILL ANALYSIS


C.S.H.B. 639
By: Smithee
Insurance
2/11/2003
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, 95% of homeowners insurance premiums are written by insurers
that are not rate regulated.  According to the Department of Insurance,
the industry has moved most of its homeowners business to unregulated
Lloyds and reciprocal exchange companies that are not required to file
rate information with the commissioner of insurance.  C.S.H.B. 639
requires insurers writing residential property insurance to file rates and
supporting data on a one-time basis with the commissioner of insurance.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 639 amends the Insurance Code to require insurers writing
residential property insurance in Texas to file rates and supporting data,
including current rates and estimated rates to be charged in the six-month
period following the effective date of this Act, with the commissioner of
insurance (commissioner) on a one-time basis.  The bill requires the
commissioner to submit a report to the governor, lieutenant governor,
speaker of the house, and members of the legislature not later than the
30th day after the effective date of this Act.  The bill requires that the
report provide a summary review of the rates presented in a manner that
protects the identity of individual insurers to inform the legislature as
to whether the rates are just, adequate, and reasonable and not excessive
or unfairly discriminatory, and to assist in determining the most
effective and efficient regulatory system.   
The bill specifies the information that insurers are required to file and
requires the commissioner to determine which insurers are required to file
the rating information, the type of information to be included in the
filing, and the date on which the filing is due.  The commissioner is
required to issue an order containing specified information and to notify
affected insurers of the order.   The bill requires the commissioner to
require the filing of rates to be made not later than the 30th day after
the effective date of this Act.  The commissioner is authorized to require
an insurer to provide additional information after the initial rate
submission.   

Information filed with the Department of Insurance under this Act that is
confidential under a law that applied to the insurer before the effective
date of this Act remains confidential and is not subject to disclosure,
except for legislative purposes.  The bill does not preclude the use of
filed information to prosecute a violation of this code and sets forth
provisions relating to the confidentiality of information used for this
purpose.  The bill provides that an insurer that fails to comply with any
request for information issued by the commissioner under this Act is
subject to sanctions.  The bill requires the commissioner to notify the
governor, lieutenant governor, speaker of the house, and members of the
legislature of the names of the insurers with whom a request was made for
the rate filings and the names of the insurers who did not respond in
whole or in part to the commissioner's request.  The bill requires that
the notification be made by separate letter on the fourth day following
the date on which the commissioner determines that the filing is due. 

EFFECTIVE DATE

 On passage or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 639 modifies the original by requiring the commissioner to
require the one filing of rates to be made not later than the 30th day
after the effective date of this Act rather than before June 1, 2003.  The
substitute removes the provision in the original relating to the use of
filed rate information for a rate hearing or any disciplinary action by
the Texas Department of Insurance.  The substitute adds new language to
require the commissioner to notify specified persons of the names of
insurers that were requested to file rates and of those insurers who did
not respond to the request. The substitute provides that information that
is confidential under a law that applied to the insurer before the
effective date of this Act, rather than all filed information, is
confidential and not subject to disclosure.  The substitute adds a
provision that only information that is confidential under a law that
applied to the insurer before the effective date of this Act that is used
in prosecuting a code violation is subject to a protective order.