SRC-LBB S.B. 113 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 113
78R1313 AJA-DBy: Van de Putte
Business & Commerce
4/23/2003
As Filed


DIGEST AND PURPOSE 

Currently, there are no statutorily required premium discounts for
homeowners who have been continuously insured by the same insurer for at
least three years and who have not filed any homeowners insurance claims
during that period.  As proposed, S.B. 113 requires residential property
insurers to give such homeowners a three percent premium discount.  This
bill also provides for additional discounts of one percent for each
subsequent year that the policyholder remains with the insurer or an
affiliate and has not filed a residential property insurance claim. An
insurer is not required to provide a premium discount that exceeds 10
percent of the premiums that would otherwise be charged for the insurance
policy.   


RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 1  
(Article 5.43, Subchapter C, Chapter 5, Insurance Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 5, Insurance Code, by adding
Article 5.43 as follows: 

 Article 5.43.  PREMIUM DISCOUNT FOR CERTAIN RESIDENTIAL PROPERTY 
INSURANCE POLICIES.  (a)  Defines "affiliate," "insurer," and "residential
property insurance." 

(b)  Requires an insurer who issues a residential property insurance
policy to provide a three percent discount to a residential property
insurance policyholder who has continuously been with that insurer or an
affiliate of that insurer and has not filed a claim during the three years
preceding the effective date of the policy. Provides that the discount
will increase by one percent for each subsequent year that the
policyholder does not file a claim. 

(c)  Provides that an insurer is not required to provide a discount
exceeding ten percent of the premiums that would otherwise be charged. 

(d)  Provides that the application of this article applies without regard
to whether the policies that continuously covered the policyholder were of
a different type of residential property insurance policy from the policy
eligible for the discount. 

(e)  Requires the commissioner of insurance to adopt rules as necessary to
implement this article. 

SECTION 2.  Makes application of this Act prospective to the 30th day
after the effective date of this Act. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.