HBA-LCA C.S.H.B. 2481 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2481
By: Jones, Jesse
Urban Affairs
5/7/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the state's larger municipalities place restrictions on which
insurance companies a taxicab company within their jurisdictions may use.
These restrictions may be unfair for small to mid-sized companies.   

C.S.H.B. 2481 regulates municipal requirements for taxicab insurance by
requiring that taxicab companies purchase insurance from reliable insurers
licensed to do business in Texas, and authorizes a municipality to adopt an
ordinance regarding the rating and financial strength of an insurance
company providing taxicab insurance, and provides that these provisions
apply only to a municipality with a population of one million, located in a
county with a population of more than 1.5 million. 

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 215.004, Local Government Code, by redesignating
Subsection (c) as Subsection (f) and amending that subsection, and by
adding new Subsections (c)-(e), as follows: 

(c) Provides that insurance required by an ordinance under Subsection (b)
for a passenger taxicab transportation service must be obtained from a
reliable insurance company authorized to do business in this state, unless
an ordinance permits the service to be self-insured in accordance with
applicable state statutes. 

(d) Authorizes a municipality to adopt an ordinance regarding the rating
and financial strength, including capital and surplus, of an insurance
company described under Subsection (c). Sets forth the requirements for an
insurance company to meet in satisfying an ordinance under this subsection. 

(e)  Provides that Subsections (c) and (d) apply only to a municipality
with a population of more than  one million, located in a county with a
population of more than 1.5 million. 

(f)  Makes conforming changes.

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 (Section 215.004, Local
Government Code), as follows: 

In the original, proposed Subsection (c) provided that unless a taxicab
transportation service is self-insured, in compliance with state law, the
insurance required under an ordinance  adopted under Subsection (b) must be
obtained from a reliable company licensed to do business in the state.  The
original proposed Subsection (c) set forth the conditions under which a
municipality may find an insurer out of compliance.   

In the substitute Subsection (c) specifies that the exception regarding
self insurance in compliance with state law is applicable if permitted by a
municipal ordinance.  Subsection (c) of the substitute also removes the
provision regarding the municipality's authority to find an insurance
company out of compliance with an ordinance adopted under Subsection (b). 

The original proposed Subsection (d) authorized a municipality to require
written certification that for any portion of insurance  required for an
ordinance adopted under Subsection (b) in excess of 10 percent of the
insurer's capital and surplus, the insurance has certain reinsurance for
which credit may be taken.   

The substitute adds a new Subsection (d), authorizing a municipality to
adopt an ordinance regarding the rating and financial strengths of an
insurance company described by Subsection (c), and provides the
requirements for the satisfaction of such an ordinance by an insurance
company. 

The original proposed Subsection (e) prohibited a municipality, except as
provides by Subsections (c) and (d), from regulating, under this section or
a general law, passenger taxicab transportation services with regard to the
insurer's insuring a taxicab in the municipality.  

In the substitute Subsection (e), provides that Subsections (c) and (d)
apply only to a municipality with a population of more than one million,
located in a county with a population of more than 1.5 million. 

The substitute modifies the original in Subsection (f) to make a conforming
change.