HBA-TYH H.B. 3095 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3095
By: Burnam
Insurance
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, discriminatory insurance practices are present in Texas.
Additionally, many Texans drive without liability insurance coverage.
Numerous factors prevent Texans from receiving affordable auto insurance.
H.B. 3095 creates an auto insurance verification program, requires
insurance companies to offer good driver standard policies, sets the rates
of the Texas Automobile Insurance Plan Association, and prohibits the use
of credit histories in insurance underwriting. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Insurance in
SECTION 4.01 (Sec. 601.502, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  RESTRICTIONS ON USE OF CERTAIN UNDERWRITING GUIDELINES 

SECTION 1.01.  Amends Subchapter B, Chapter 21, Insurance Code, by adding
Article 21.21-11, as follows: 
 
Art. 21.21-11.  PROHIBITION ON USE IN MOTOR VEHICLE INSURANCE OF
UNDERWRITING GUIDELINES BASED ON CREDIT HISTORY OR CREDIT RATING  
 
Sec. 1.  DEFINITIONS.  Defines, for this article, "insurer" and
"underwriting guidline." 

Sec. 2.  APPLICATION.  Provides that this article applies only to a
personal automobile insurance policy.  

Sec. 3.  PROHIBITION; EXEMPTION.  Prohibits an insurer from using an
underwriting guideline that is based in whole or in part on the credit
history or credit rating of an insured, an applicant for insurance
coverage, or any person other than the named insured or the applicant who
would be insured under the policy.  Provides that this section does not
apply to the use of a credit history or credit rating by an insurer solely
to determine whether the insurer will offer an installment payment plan for
the payment of premiums to an insured or applicant for insurance.  
 
Sec. 4.  PENALTY.  Provides that an insurer who violates this article
commits an unfair practice in violation of Article 21.21 (Unfair
Competition and Unfair Practices) and is subject to the penalties imposed
under that article.  

ARTICLE 2.  INSURANCE COVERAGE FOR GOOD DRIVERS

SECTION 2.01.  Amends the heading of Article 21.49-2B, Insurance Code, as
follows: 

Art. 21.49-2B.  AVAILABILITY, CANCELLATION, AND NONRENEWAL OF CERTAIN
PROPERTY AND CASUALTY POLICIES 

 SECTION 2.02.  Amends Article 21.49-2B, Insurance Code, by adding Section
4A, as follows: 

Sec. 4A.  COVERAGE FOR GOOD DRIVERS.  (a)  Defines, for this section, "good
driver" and "traffic safety regulation." 

(b)  Prohibits a motor vehicle insurer, except as otherwise provided by
this article, from canceling,  nonrenewing, or  refuseing to offer a policy
of motor vehicle insurance to a good driver.  

(c)   Requires the motor vehicle insurer to provide to the named insured or
applicant a notice, in the form prescribed by the commissioner of insurance
(commissioner), that includes the enumerated information, at least 30 days
before the date a motor vehicle insurer who does not offer a policy
regulated by Article 5.101 (Flexible Rating Program for Certain Insurance
Lines) of this code is required to renew a policy under which a good driver
is an insured, or on application for a policy by an individual who
qualifies as a good driver. 
  
(d)  Provides that a violation of this section is an unfair and deceptive
practice in  the business of insurance under Article 21.21.  Provides that
compliance with this section does not create an exemption from Article
21.21-6 (Unfair Discrimination), as added by Chapter 415, Acts of the 74th
Legislature, Regular Session, 1995, or other requirements.  

ARTICLE 3.  COVERAGE WRITTEN THROUGH
TEXAS AUTOMOBILE INSURANCE PLAN ASSOCIATION
 
SECTION 3.01.  Amends Section 5(a), Article 21.81, Insurance Code, as
follows: 

(a)  Requires the rates for insurance provided through the association,
except as otherwise provided by this subsection, to be 150 percent of the
benchmark rates set under the flexible rating program established under
Article 5.101.  Requires the surcharges assessed for at-fault accidents to
be set by the commissioner and authorizes  it to exceed the surcharges
established under Rule 42, Texas Automobile Rules and Rating Manual, as
that rule exists on February 1, 1997.  Provides that there is no limit on
the maximum allowable surcharge.  Deletes text pertaining to the hearing
process for determining appropriate rates. 

SECTION 3.02.  Amends Section 3, Article 5.101, Insurance Code, by amending
Subsection (c) and by adding Subsection (r), as follows: 

(c)  Includes the amount that expected costs incurred may exceed expected
premium and other revenue earned for all insurance provided through the
Texas Automobile Insurance Plan Association under Article 21.81 (Texas
Automobile Insurance Plan Association) as a factor the commissioner is
authorized to consider in promulgating the benchmark rate. 

(r)  Requires the commissioner, in setting a benchmark rate for uninsured
motorist coverages, to consider all rate-regulated market experience,
including experience for insurance provided through the Texas Automobile
Insurance Plan Association under Article 21.81. 

ARTICLE 4.  VERIFICATION OF ESTABLISHMENT
OF FINANCIAL RESPONSIBILITY

SECTION 4.01.  Amends Chapter 601, Transportation Code, by adding
Subchapter N, as follows: 

SUBCHAPTER N.  VERIFICATION OF COMPLIANCE WITH AND ENFORCEMENT OF
FINANCIAL RESPONSIBILITY REQUIREMENTS
 
Sec. 601.501.  DEFINITION.  Defines, for this subchapter, "verification
date." 
 
 Sec. 601.502.  VERIFICATION OF ESTABLISHMENT OF FINANCIAL RESPONSIBILITY
THROUGH RANDOM SAMPLING.  (a)  Requires the Texas Department of Insurance
(department) to randomly select samples of registrations of motor vehicles
subject to this chapter, or samples of owners of motor vehicles subject to
this chapter, to verify whether the owner has established financial
responsibility in accordance with Section 601.051(a) (Requirement of
Financial Responsibility).   Prohibits a sample selected from being
classified on the basis of the owner's race, color, religion, sex, national
origin, age, marital status, physical or mental disability, economic
status, or geographic location.  

(b)  Authorizes the department, in addition to the general random sampling
of motor vehicle registrations, to randomly select other persons to verify
that the person has established financial responsibility, including the
enumerated persons. 

(c)  Requires the department, in preparation for random selection of
samples and verification of establishment of financial responsibility, to
send to the owner of a randomly selected motor vehicle, or to a randomly
selected motor vehicle owner, a request for information about the motor
vehicle and the owner's method of establishing financial responsibility.
Provides that the request must require the owner to state whether the owner
has, as of the verification date, established financial responsibility in
accordance with Section 601.051(a). 
 
(d)  Requires the department to establish by rule the frequency of sample
selection for the verification process, not to exceed 20,000 contacts per
month.  
 
(e)  Requires the department to prescribe by rule the methods employed for
the random selection of samples and the procedures necessary for
implementation of the verification process, the form for verification of
financial responsibility, and the information to be requested in the
prescribed form.  

(f)  Authorizes the department to require the information provided by the
owner to include a statement by the owner that the owner had, as of the
verification date, established financial responsibility through the
enumerated methods. 
  
(g)  Requires the owner to whom the notice is sent, within 30 days of the
verification date, to furnish the requested information to the department
in the form prescribed by the department, accompanied by the owner's signed
affirmation that the information is true and correct.  
 
(h)  Provides that an owner whose response indicates that the owner had not
established financial responsibility in accordance with Section 601.051, or
who fails to respond to the request, is considered to have registered or
maintained registration of a motor vehicle in violation of Section 601.051.
 
(i)  Authorizes the department to conduct a verification investigation as
provided by Section 601.503, if the owner responds to the request for
information by asserting that the owner had, as of the verification date,
established financial responsibility in accordance with a method authorized
by Section 601.051(a).  
 
Sec. 601.503.  VERIFICATION INVESTIGATION.  (a)  Authorizes the department,
to verify a response received from an owner under Section 601.502, to
furnish necessary information to the insurer, surety, or officer named in
the response.  Requires the insurer, surety, or officer, within 30 days of
receipt of the information, to inform the department whether, as of the
verification date, financial responsibility had been established for the
affected motor vehicle in accordance with Section 601.051(a).  

(b)  Requires the department, if the response received from an owner under
Section 601.502 states that financial responsibility has been established
through self-insurance, to examine the department's records to verify that
a certificate of self-insurance has been  issued in accordance with Section
601.124 (Self-Insurance).  
 
Sec. 601.504.  NOTICE; SUSPENSION; REINSTATEMENT.  (a)  Requires the
department, if the department determines that an owner has registered or
maintained the registration of a motor vehicle without establishing
financial responsibility in accordance with Section 601.051(a), to notify
the owner that the owner's motor vehicle registration is suspended on the
45th day after the date of the mailing of the notice unless the owner,
within 30 days of the mailing of the notice, provides proof in the manner
prescribed by the department that financial responsibility was in effect on
the verification date.  

(b)  Requires the department, after notice, to suspend the registration of
a motor vehicle determined by the department to be in violation of Section
601.051(a), including a motor vehicle operated in violation of Section
601.191(Operation of Motor Vehicle in Violation of Motor Vehicle Liability
Insurance Requirement; Offense) by an operator other than the owner of the
vehicle.  Provides that a suspension under this subsection is not affected
by the fact that, after the verification date or the date of conviction of
a violation, the owner established the required financial responsibility or
terminated ownership of the affected motor vehicle.  
 
(c)  Authorizes the department to also suspend the registration of a motor
vehicle registered in this state on receipt of notice of the conviction of
the operator of the motor vehicle in another state of an offense that, if
committed in this state, would constitute a violation of Section
601.051(a).  

(d)  Requires the department, for a first violation, to terminate the
suspension on payment by the owner of a $75 fine and submission to the
department of evidence acceptable to the department of proof of financial
responsibility and full payment for that coverage for the subsequent six
months.  
 
(e)  Requires the department, for a second violation within the preceding
four years, to terminate the suspension on payment by the owner of a $175
fine and submission to the department of evidence acceptable to the
department of proof of financial responsibility and full payment for that
coverage for the subsequent six months.  
 
(f)  Prohibits the department, for a third or subsequent violation within
the preceding four years, from terminating the suspension.  Provides that
the owner's motor vehicle registration is suspended for 180 days and
authorizes the registration to be reinstated only on submission by the
owner of evidence acceptable to the department of proof of financial
responsibility and full payment for that coverage for the subsequent six
months.  
 
(g)  Requires the department to deposit a fee collected under this section
in the general revenue fund.  

SECTION 4.02.  Amends Section 601.051, Transportation Code, as follows:

Sec. 601.051.  REQUIREMENT OF FINANCIAL RESPONSIBILITY.  (a)  Prohibits a
person from registering or maintaining registration of, in addition to
operating, a motor vehicle in this state unless financial responsibility is
established for that vehicle through the enumerated documents.  Makes a
conforming change. 

(b)   Prohibits an owner of a motor vehicle from permitting another person
to  operate, register, or maintain registration of the motor vehicle in
this state unless financial responsibility is established for that vehicle
and evidenced through a method described by Subsection (a).  

SECTION 4.03.  Amends Section 601.191, Transportation Code, as follows:

Sec. 601.191.  New Title: OPERATION OF MOTOR VEHICLE IN VIOLATION OF
FINANCIAL RESPONSIBILITY REQUIREMENTS.  (a) Provides that a person commits
an offense if the person operates a motor vehicle in violation of Section
601.051(a), rather than Section 601.051. 

(b)  Deletes exceptions provided by Subsections (c) and (d).  Makes a
conforming change. 

(c)  Provides that it is a defense to prosecution under this section or
under Section 601.195 (Operation of Motor Vehicle in Violation of
Requirement to Establish Financial Responsibility; Offense) that the person
charged with a violation produces in court satisfactory evidence that, at
the time of the arrest, the owner or operator had established financial
responsibility in accordance with Section 601.051(a).  Deletes text
referring to fines for offenses under this section.  Deletes Subsection (d)
referring to a court's authorization to reduce a fine. 

SECTION 4.04.  Repealer: Section 601.193 (Defense: Financial Responsibility
in Effect at Time of Alleged Offense), Transportation Code; Subchapter E
(Alternative Methods of Establishing Financial Responsibility), Chapter
601, Transportation Code; and Subsection I (Failure to Maintain Evidence of
Financial Responsibility; Impoundment of Motor Vehicle), Chapter 601,
Transportation Code. 

ARTICLE 5.  TRANSITION; EFFECTIVE DATE

SECTION 5.01.  (a)  Provides that the change in law made by this Act to
Section 601.191, Transportation Code, applies only to the punishment for an
offense committed on or after the effective date of this Act.  Provides
that for purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs before the
effective date.  

(b)  Provides that an offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed, and the
former law is continued in effect for this purpose.  
 
SECTION 5.02.  Makes application of Article 21.21-11, Insurance Code, as
added by this Act, and Articles 21.49-2B and 21.81, Insurance Code, as
amended by this Act prospective, as of January 1, 2000. 
 
SECTION 5.03.  Effective date: September 1, 1999.

SECTION 5.04.  Emergency clause.