HBA-NRS H.B. 45 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 45
By: McClendon
Insurance
8/8/2001
Enrolled

BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law required an insurer of motor
vehicle insurance coverage to offer a time-based rating plan to its
customers. However, certain customers such as the elderly and families with
more than one motor vehicle could benefit from a mile-based rating plan for
motor vehicle insurance coverage in savings from insurance premiums. House
Bill 45 authorizes an insurer of motor vehicle insurance coverage to offer
a choice between a mile-based rating plan and a time-based rating plan for
motor vehicle insurance coverage.  

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 (Section 5, Article 5.01-4, Insurance Code) and SECTION 4 of this
bill. 

ANALYSIS

House Bill 45 amends the Insurance Code relating to time-based and
mile-based rating plans for motor vehicle insurance. The bill authorizes an
insurer that delivers, issues for delivery, or renews a policy of motor
vehicle insurance in this state to offer each person who purchases motor
vehicle insurance coverage a choice between a mile-based rating plan and a
time-based rating plan for coverage for losses caused by collision or other
driving-related accidents. The bill authorizes the insurer to require a
person purchasing coverage to use the same rating plan for all vehicles
covered under the person's motor vehicle insurance policy. 

The bill requires each insurer that offers the mile-based rating plan to
annually file with the commissioner of insurance (commissioner) for the
commissioner's approval a schedule of that insurer's premium rates for
motor vehicle insurance based on the time-based and mile-based rating plan
used by that insurer. The bill requires the insurer to file with the rate
schedule a statement of any fee to be charged to policyholders or
applicants for insurance for participation in the mile-based rating plan.
The bill requires the commissioner to analyze the premium rates filed by an
insurer. If the commissioner determines that the filed rates are excessive
in comparison to the premium rates charged for similar coverage under a
time-based rating plan used by the insurer, the bill requires the
commissioner to reject the rates after notice to the insurer and an
opportunity for a hearing. The bill provides that  the commissioner must
notify the insurer that the rates are rejected not later than the 60th day
after the date on which the rates are filed. The bill prohibits an insurer
from using rates rejected by the commissioner.   Premium rates used by an
insurer under the mile-based rating plan are exempt from other rate
regulation established under provisions regarding motor vehicle or
automobile insurance and the benchmark rates established under provisions
regarding the flexible rating program for certain insurance lines.  

The bill requires an insurer to separately report experience based on use
of the mile-based and time-based rating plans, when reporting incurred
losses and earned premiums as required by provisions related to motor
vehicle or automobile insurance, the flexible rating program for certain
insurance lines, or county mutual insurance companies. The classifications
used by an insurer for motor vehicles insured under the mile-based rating
plan are exempt from provisions related to motor vehicle or automobile
insurance, except for time-based and mile-based rating plans, and the
flexible rating program for certain insurance lines.  
 
The bill requires the commissioner to compile specified information on
mile-based rating plans and analyze the effect of mile-based rating plans
on premium rates offered for motor vehicle insurance based on timebased
rating plans and the number of uninsured motorists in the state. The bill
requires the commissioner of insurance to adopt rules to govern the use of
a mile-based rating plan, including rules regarding prepayment
arrangements, proof of financial responsibility, auditing of the odometer
of a vehicle for the purpose of determining whether coverage is in force,
and policy forms. 

The bill specifies that provisions relating to time-based and mile-based
rating plans expire September 1, 2005. 

The bill prohibits the use of an insurance policy or other document
evidencing proof of purchase of a personal automobile insurance policy
written for less than 1,000 miles if the policy premium is computed using a
mile-based rating plan, to obtain an original or renewal driver's license,
an automobile registration or license plates, or a motor vehicle inspection
certificate. Before an agent or insurer accepts premiums or fees for such a
policy or binder, the bill provides that the agent or insurer make written
disclosure that the policy or binder may not be used to obtain an
inspection certificate, driver's license, registration, or license plates.
The bill provides that the flexible rating program for certain insurance
lines does not apply to premium rates for motor vehicle insurance using the
mile-based rating plan.  

This bill provides that the time-based and mile-based rating plans apply
only to a motor vehicle insurance policy delivered, issued for delivery, or
renewed on or after January 1, 2002. The bill requires the commissioner of
insurance to adopt all rules necessary to implement time-based and
mile-based rating plans not later than December 31, 2001. 

EFFECTIVE DATE

September 1, 2001.