HBA-JEK C.S.H.B. 3393 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3393 By: Oliveira Insurance 4/23/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE A considerable portion of the Texas population speaks Spanish. Many of the Spanish-speaking immigrants in our state may not have had car insurance in their home countries and may not be familiar with the terms used in car insurance policies. C.S.H.B. 3393 requires an informational sheet to be made available to the public that explains the terms most commonly used in personal automobile insurance policies in Spanish. 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. ANALYSIS C.S.H.B. 3393 amends the Insurance Code to require the commissioner of insurance (commissioner) to develop or adopt and the Department of Insurance to make available to the public no later than January 1, 2002, an informational sheet in Spanish that provides a general explanation of the terms most commonly used in a Texas personal automobile insurance policy. C.S.H.B. 3393 provides that an informational sheet is intended to provide only a general explanation of insurance terms and that all other applicable laws apply regardless of whether an informational sheet is used. The bill provides that an informational sheet must include a disclaimer that the informational sheet is not intended to fully set out the rights and obligations of the insured or the insurance company. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3393 differs from the original bill by removing the provision that authorized the commissioner of insurance (commissioner) to develop informational sheets in a foreign language other than Spanish and the provision that authorized the Texas Department of Insurance to produce public service announcements concerning the availability of the informational sheets. The substitute removes the provision specifying that a policy in English will prevail in the event of a dispute between an insurer and an insured. C.S.H.B. 3393 provides that an informational sheet must include a disclaimer that the informational sheet is not intended to fully set out the rights and obligations of the insured or the insurance company. The substitute decreases the point size of the disclaimer that appears on the informational sheet. The substitute removes the provision that authorized the commissioner to develop informational sheets in Spanish or another foreign language regarding other lines of insurance. The substitute does not require the office of public insurance counsel to develop or adopt the informational sheet in Spanish at the request of the commissioner.