SRC-JEC, TJG S.B. 310 78(R)BILL ANALYSIS


Senate Research CenterS.B. 310
By: Fraser
Business & Commerce
8/18/2003
Enrolled


DIGEST AND PURPOSE 

Currently, insurers writing 95 percent of residential property insurance
in Texas are not rate regulated, and are, therefore, not required to file
rate information with the commissioner of insurance.  S.B. 310 requires
that on a one-time basis residential property insurers immediately file
rates and supporting data, including current rates and estimated rates for
the upcoming sixmonth period, with the commissioner of insurance for the
purpose of preparation of a summary report to be submitted to the 78th
Legislature to inform the legislature as to whether the rates are just,
adequate, reasonable, not excessive, and not unfairly discriminatory and
to assist in the determination of the most effective and efficient
regulatory system for homeowners insurance.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 5, Insurance Code, by adding Subchapter P, as
follows: 

SUBCHAPTER P.  FILING OF RESIDENTIAL PROPERTY INSURANCE RATES FOR REPORT
TO LEGISLATURE  

Art. 5.141. FILING OF RATE INFORMATION; REPORT

Sec. 1.  PURPOSE.  Provides that the purpose of this article is to require
on a one-time basis that insurers writing residential property insurance
in this state, immediately after the effective date of this article, file
rates and supporting data, including current rates and estimated rates to
be changed in the six-month period following the effective date of this
article, with the commissioner of insurance (commissioner) for the purpose
of the preparation of a summary report for submission to the 78th
Legislature.  Requires the report to contain a review of the rates,
presented in a manner that protects the identity of the individual
insurers, to inform the legislature of the adequacy and reasonableness of
the rates and assist the legislature in determining an effective
regulatory system. 

Sec. 2.  DEFINITIONS.  Defines "insurer," "residential property
insurance," "supplementary rating information," and "security" or
"securities." 

SRC-TJG S.B. 310 78(R)                       Sec. 3.  RATE INFORMATION.
(a) Requires an insurer to file, in a format specified by the
commissioner, including an electronic format, all residential property
insurance rates and supporting information with the commissioner in
accordance with the requirements determined by the commissioner under this
article. 

(b) Requires filings made by each insurer to be sufficient to respond to
the commissioner's request for information under this article and to
provide certain rates based upon information reasonably known to the
insurer at the time of filing. 

(c) Requires the insurer to file, in a format specified by the
commissioner, including an electronic format, certain information relating
to insurance rates,  underwriting guidelines, credit scoring, investments,
costs, and modeling. 

(d) Requires each insurer that has a share of the residential property
insurance market in this state of five percent or more to file the rating
information required under this section.  Requires the commissioner to
determine which insurers that have a share of the residential property
insurance market in this state of less than five percent are required to
file the rating information under this section. 

  (e) Requires the commissioner to determine the date on which the filing
is due. 

(f) Authorizes the commissioner to only require one filing of rates and
supporting information by an insurer under this section and to require
additional information as provided by Section 4 of this article.  Requires
the commissioner to require the one filing of rates as provided by this
section to be made not later than the 30th day after the effective date of
this article. 

(g) Requires the commissioner to issue an order specifying the information
that insurers must file to comply with this article and the date on which
the filing is due.  

(h) Provides that the commissioner is not required to hold a hearing
before issuing the order required under Subsection (g) of this section. 

(i) Requires the commissioner to notify an affected insurer of the order
requiring the rate filing information under this section on the day the
order is issued. 

Sec. 4.  ADDITIONAL INFORMATION.  Authorizes the commissioner, after the
initial rate submission under Section 3 of this article, to require an
insurer to provide additional, reasonable information for purposes of the
clarification or completeness of the initial rate submission. 

Sec. 5.  USE OF FILED RATE INFORMATION.  (a) Provides that information
filed by an insurer with TDI under this article that is confidential under
a law that applied to the insurer before the effective date of this
article remains confidential and is not subject to disclosure under
Chapter 552, Government Code (Public Information), except that the
information may be disclosed as provided by Section 552.008, Government
Code, relating to information for legislative purposes.  Requires
information disclosed under Section 552.008, Government Code, to be
provided in a commonly used electronic format, including in spreadsheet or
comma-delimited format, if so requested.  Prohibits the information from
being released to the public except in summary form in the report required
under Section 6 of this article. 

SRC-TJG S.B. 310 78(R)                       (b) Provides that Subsection
(a) of this section does not preclude the use of information filed under
this article as evidence in prosecuting a violation of this code.
Provides that confidential information described by Subsection (a) that is
used in prosecuting a violation is subject to a protective order until all
appeals of the case have been exhausted.  Provides that if an insurer is
found, after the exhaustion of all appeals, to have violated this code, a
copy of the confidential information used as evidence of the violation is
no longer presumed to be confidential. 

Sec. 6.  REPORT.  (a) Requires the commissioner to submit a report to
certain persons on the information collected from the filings required
under this article.  Requires the report to be submitted not later than
the 30th day after the effective date of this article. Authorizes the
report to be created based on a sample of the information provided under
Section 3 of this article. 

(b) Requires the report required under this subsection to provide a
summary review of certain insurance rates, presented in a manner that
protects the identity  of individual insurers, to inform and assist the
legislature with certain actions. 

Sec. 7.  NOTIFICATION; NONCOMPLIANCE.  Requires the commissioner to notify
certain state officials of the names of the insurers whom the commissioner
requested to make the rate filings under this article and the names of the
insurers who did not respond in whole or in part to the commissioner's
request.  Requires this notification to be made by separate letter on the
fourth day following the date on which the commissioner determines the
filing is due under Section 3(g) of this article. 

Sec. 8.  APPLICATION OF CERTAIN LAW.  Provides that Chapter 40 of this
code (Duties of State Office of Administrative Hearings and Commissioner
in Certain Proceedings; Rate Setting Proceedings) does not apply to an
action of the commissioner under Section 3(g) of this article. 

SRC-TJG S.B. 310 78(R)                       Sec. 9.  FAILURE TO COMPLY.
Provides that an insurer that fails to comply with any request for
information issued by the commissioner under this article is subject,
after notice and opportunity for hearing, to sanctions as provided by
Chapters 82 (Sanctions) and 84 (Administrative Penalties) of this code. 

Sec. 10.  EXPIRATION.  Provides that this article expires December 31,
2003. 

SECTION 2.  Provides that the expiration of Article 5.141, Insurance Code,
as added by this Act, does not affect an action or proceeding against an
insurer subject to that law for a failure to comply with that law before
its expiration, regardless of when the action or proceeding was commenced,
and provides that that law is continued in effect for this purpose. 

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