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


Senate Research Center   S.B. 310
By: Fraser
Business & Commerce
1/29/2003
As Filed


DIGEST AND PURPOSE 

Currently, insurers writing 95% of residential property insurance in Texas
are not rate regulated, and are, therefore, not required to file rate
information with the commissioner of insurance.  As proposed, S.B. 310
would require on a one-time basis that residential property insurers
immediately file rates and supporting data, including current rates and
estimated rates for the upcoming six-month 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 for
the next six months, 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," and "supplementary rating information." 

SRC-TJG S.B. 310 78(R)                       Sec. 3.  RATE INFORMATION.
(a) Requires insurers to file 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, as determined by the commissioner under
Subsection (e), certain information relating to insurance rates and credit
scoring. 

(d) Requires the commissioner to determine which insurers are required to
file the rating information under this section. 

  (e) Requires the commissioner to determine the type of information to be
included   in the filing and 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 before June 1, 2003. 

(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) Prohibits rate information
filed with the Texas Department of Insurance (TDI) under this article from
being used as the basis for a rate hearing or disciplinary action by TDI
except for a disciplinary action against an insurer for a violation of a
statute that applied to the insurer before the effective date of this
article or for a violation under Section 8 of this article. 

(b) Provides that information filed with TDI under this article is
confidential and 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.  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)                       (c) Requires TDI, if
information filed with TDI under this article is disclosed as provided by
Section 552.008, Government Code (Information for Legislative Purposes),
to require the requesting member, agency, or committee of the legislature,
and certain employees of the requesting member or entity, to sign a
confidentiality agreement that covers the information and requires that
certain information not be disclosed under certain conditions. 

(d) Provides that Subsection (b) of this section does not preclude the use
of information filed under this article as evidence in prosecuting a
violation of this code as provided by Subsection (a) of this section.
Provides that confidential information that is used in prosecuting a
violation is subject to a protective order until all appeals of the case
have been exhausted.  Provides 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. 

(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.  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. 8.  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. 

SECTION 2.  Effective date: upon passage or September 1, 2003.