HBA-MPM, MPA H.B. 2035 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2035 By: Hawley Transportation 8/11/1999 Enrolled BACKGROUND AND PURPOSE Commercial motor carriers operating in this state are required to maintain worker's compensation coverage or accidental insurance coverage. The accidental insurance coverage must be purchased from a reliable insurance company authorized to write accidental insurance policies in this state. Surplus lines insurers are unauthorized insurers that are not licensed in this state, but they meet eligibility requirements and otherwise comply with the Insurance Code. Prior to the 76th Legislature, the Texas trucking industry could use surplus lines for liability insurance coverage but not for accidental insurance. H.B. 2035 allows for the use of surplus lines insurers for accidental coverage. 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 643.106(a), Transportation Code, to require that a motor carrier whose primary business is transportation for compensation or hire between municipalities protect its employees by obtaining, among other possibilities, approved accidental insurance coverage from a surplus lines insurer under Article 1.14-2 (Surplus Lines Insurance), Insurance Code. SECTION 2. Provides that certain provisions of law enacted by the 75th Legislature (Section 4, Chapter 1061, Acts of the 75th Legislature, Regular Session, 1997) are recaptured for the purposes of this Act. Provides that this Act prevails over another Act of the 76th Legislature relating to nonsubstantive additions and corrections in enacted code. SECTION 3.Emergency clause. Effective date: upon passage.