HBA-ATS H.B. 1837 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1837
By: Brimer
Insurance
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

In Texas, all insurance companies, except nonprofit cooperatives, farm
mutual companies, and fraternal organizations, are subject to the premium
tax.  The premium tax rate varies depending on several factors, including
the type of insurance the insurer sells, the insurer's place of domicile,
and, in some cases, the level of investment a company has made in
Texas-backed securities.  Under the varying tax rate scheme, also called a
tiered tax system, all property and casualty insurers are required to pay
at a rate of 3.5 percent, and all title insurers at a rate of two percent.
However, the Insurance Code permits these companies to qualify for a lower
tax rate if they maintain certain investment levels in Texas-backed
securities.  For a property and casualty insurer, ownership of Texas
investments with a value between 85 and 90 percent of those investments
owned in a comparison state (the state where the company has made the next
greatest amount of similar investments) reduces the rate from 3.5 percent
to 2.4 percent.  If the property and casualty insurer owns Texas
investments with a greater value than 90 percent of the value of
investments owned in a comparison state, the rate is reduced to 1.6
percent.  For a title insurer, ownership of Texas investments with a value
greater than 90 percent of those investments owned in a comparison state
reduces the rate from two percent to 1.3 percent. 

Although most companies qualify for the lower rate under the Insurance
Code, some states do not have comparably tiered systems to calculate the
rate of tax for Texas' insurers doing business in these jurisdictions, or
they choose not to recognize Texas' tiered tax system.  These states
automatically apply the highest rate.  To equalize the difference between
what its insurers must pay and what foreign insurers pay in this state,
Texas uses a retaliatory tax rate.  These retaliatory measures, as part of
a tiered tax system, may be detrimental to the insurance industry.  H.B.
1837 eliminates the tiered tax system and replaces it with a flat tax rate.
For property and casualty insurers the rate is fixed at 1.725 percent.  A
rate of 1.9 percent is fixed for title insurers and life, accident, and
health insurers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 10, Article 4.10, Insurance Code, to lower the
rate of the annual tax imposed on the gross premiums of each insurance
carrier subject to this article, rather than an insurance carrier, from 3.5
percent to 1.725 percent.  Deletes the two investment options under which
an insurance carrier is authorized to qualify for a tax rate lower than 3.5
percent.  Makes a nonsubstantive change. 

SECTION 2.  Amends Sections 2, 5, 5G, and 5H, Article 4.11, Insurance Code,
as follows: 

Sec. 2.  DEFINITIONS.  Deletes the definitions of  "comparison state,"
"similar investments," and "Texas investments."  Makes conforming changes
and a nonsubstantive change. 

Sec. 5.  New title: TAX RATE.  (a) Lowers the rate of the annual tax
imposed on the gross  premiums of each insurance carrier, except for the
gross premiums on life insurance and the gross revenues of health
maintenance organizations (HMO), from 2.5 percent to 1.9 percent. Deletes
references to the year 1989.  Deletes the two investment options under
which an insurance carrier is authorized to qualify for a tax rate lower
than 2.5 percent. 

(b) Imposes a 1.9 percent annual tax on the gross amounts of revenue
collected by an HMO operating under Chapter 20A (Health Maintenance
Organization Act), Insurance Code, for its issuance of health maintenance
certificates or contracts.  Makes conforming changes. 

Sec. 5G.  TAX RATE ON CERTAIN LIFE INSURANCE.  Makes conforming changes.

Sec. 5H.  TAX RATE ON CERTAIN GROSS REVENUES OF HEALTH MAINTENANCE
ORGANIZATIONS.  Makes conforming changes. 

SECTION 3.  Amends Section 4, Article 9.59, Insurance Code, to lower the
rate of the annual tax imposed on all premiums on title insurance from two
percent to 1.35 percent.  Deletes the one investment option under which a
title insurer is authorized to qualify for a tax rate lower than two
percent. 

SECTION 4.  Repealers: Sections 7 (Amount of Tax), 8 (Texas Investments
Defined), and 9 (Similar Investments Defined), Article 4.10 (Insurance
Companies Other Than Life, Other Than Fraternal Benefit Associations, and
Other Than Nonprofit Group Hospital Service Plans; Tax on Gross Premiums),
Insurance Code; Sections 4 (Allocation of Investments), 5A (Tax
Rate--1990), 5B (Tax Rate--1991), 5C (Tax Rate--1992), 5D (Tax Rate--1993),
5E (Tax Rate--1994), and 5F (Tax Rate-1995 and Afterwards), Article 4.11
(Life, Health, and Accident Insurance Companies; Premium Tax), Insurance
Code; and Sections 13 (Texas Investments Defined) and 14 (Similar
Investments Defined), Article 9.59 (Title Insurance Companies; Tax on
Premiums), Insurance Code. 

SECTION 5.  Makes application of this Act prospective, beginning January 1,
2000. 

SECTION 6.  Emergency clause.