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


Senate Research CenterC.S.S.B. 113
78R13279 AJA-DBy: Van de Putte
Business & Commerce
4/25/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, there are no statutorily mandated or optional 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.  C.S.S.B. 113 provides for a three percent
premium discount for such homeowners at the option of the residential
property insurer. 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 that grants the optional discount is not required to
provide a premium discount that exceeds 10 percent of the premiums that
would otherwise be charged for the insurance policy.  The bill authorizes
the commissioner of insurance to approve a premium discount that is
greater or less than the statutory optional discount if the commissioner
determines that the discount is actuarially justified.   


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

(b)   Authorizes an insurer who issues a residential property insurance
policy to provide a discount of not less than three percent in the
premiums that would otherwise be charged for the policy 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 that provides discount under this Article is
not required to provide a discount exceeding ten percent of the premiums
that would otherwise be charged for the residential property insurance
policy. 

(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 (commissioner) to adopt rules
as necessary to implement this article and establish by rule guidelines
under which an insurer that provides a discount under this article is
required to determine the appropriate discount based on sound actuarial
principles.  Authorizes the  commissioner to approve a discount filed with
the Texas Department of Insurance that is greater or less than the
discount specified by this article if the commissioner determines the
discount is actuarially justified. 

SECTION 2.  Requires the commissioner to adopt rules to implement Article
5.43, Insurance Code, as added by this Act as soon as practicable after
the effective date of this Act. 

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