RS C.S.H.B. 1662 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 1662
By: Counts
5-5-97
Committee Report (Substituted)



BACKGROUND 

County mutual insurance companies are not subject to rate regulation for
automobile insurance. Insurers that are subject to rate regulation under
the benchmark rate and flexibility program have transferred business from
the rate regulated company to a affiliated county mutual insurance company
thereby removing rate regulation for automobile insurance and eliminating
assignments from the assigned risk plan (TAIPA).  County mutual insurance
companies are not subject to assignments from TAIPA. 

PURPOSE

This bill eliminates the circumvention of the flexible rating program by
prohibiting any county mutual insurance company from using a rate for an
insured on a private passenger automobile after application of all
discounts, that is lower than the highest flexibility band for automobile
insurance (+30%).  This prohibition only applies to  a county mutual
insurance company that is directly or indirectly controlled by a holding
company that also controls another insurance company writing private
passenger automobile insurance in Texas.  A regulated insurer that also
has an affiliated county mutual insurance company within a holding company
arrangement cannot transfer all of its automobile insurance to the county
mutual solely to remove itself from rate regulation of automobile
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. 

SECTION BY SECTION ANALYSIS

SECTION 1. - Amends Article 5.101, Section 3, Insurance Code, by adding
subsection (r) as follows: 

(r) Prevents the circumvention of the flexible rating program by
prohibiting a county mutual insurance company from using a rate on a
private passenger automobile policy, other than insurance on mobile homes
and single interest insurance,  that after the application of all
discounts and policy fees, is lower than the highest rate allowed under
the flexibility band for that line.  Applies to county mutuals directly or
indirectly controlled by a holding company which may directly or
indirectly control an another insurance including lloyds or reciprocal
exchanges. 

SECTION 2. - This act applies to policies delivered, issued for delivery,
or renewed on or after September 1, 1997. 

SECTION 3. - Effective Date, September 1, 1997.

SECTION 4. - Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

 
SECTION 1.   The substitute clarifies that the rate provisions of the
amendatory language apply only to  a county mutual insurance company on
rates for an insured on private passenger automobile insurance, other than
insurance on mobile homes and single interest insurance, that, after the
application of all discounts and policy fees, is lower than the highest
rate allowed under the flexibility band for that line, if the county
mutual insurance company is directly or indirectly controlled by a holding
company, as that term is defined by Article 21.49-1 of this code, that
also directly or indirectly controls another insurance company, including
a lloyds or reciprocal exchange, which writes private passenger automobile
insurance in Texas. 

SECTION 2.  The original provided that this act applies only to a rate
applicable to an insurance    
policy that is delivered, issued for delivery, or renewed on or after
January 1, 1998. The original also provided that a rate applicable to an
insurance policy that is delivered, issued for delivery, or renewed before
January 1, 1998, is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect for
this purpose.                                            
The substitute provides that this act applies only to a rate applicable to
an insurance    
policy that is delivered, issued for delivery, or renewed on or after
September 1, 1997. The substitute also provides that a rate applicable to
an insurance policy that is delivered, issued for delivery, or renewed
before September 1, 1997, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in effect
for this purpose.