HBA-NIK H.B. 2080 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2080 By: Edwards Insurance 4/9/1999 Introduced BACKGROUND AND PURPOSE H.B. 2080 allows any repair person or facility to enter into a contract with insurers, provided the repair person or facility is capable of executing the contract according to its terms. The purpose of this bill is to allow the insured person and insurer added flexibility in the ascertainment of adequate repair services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of insurance in SECTION 1 (Article 5.07-2, Insurance Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 5, Insurance Code, by adding Article 5.07-2, as follows: Art. 5.07-2. REPAIR OF MOTOR VEHICLE; ANY WILLING REPAIR PERSON OR FACILITY. Requires an insurer that enters into a contract described by Article 5.07-1(c) (Repair of Motor Vehicles; Disclosure of Consumer Information) of this code to enter into a contract subject to substantially the same terms and conditions with any repair person or facility that is involved in a specified manner with the contract. Authorizes the commissioner of insurance (commissioner) to adopt rules to enforce this article. Authorizes the commissioner, by rule, to require an insurer to submit contracts and other information or documents as necessary to enforce this article. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective to a contract between an insurer and a repair person or facility made on or after January 1, 2000. SECTION 3. Emergency clause.