Bill Text: TX SB784 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to collection and use of certain information reported to and by the Texas Department of Insurance and certain approval authority and hearings held in connection with reported information.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-05-19 - Effective on 9/1/15 [SB784 Detail]
Download: Texas-2015-SB784-Enrolled.html
S.B. No. 784 |
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relating to collection and use of certain information reported to | ||
and by the Texas Department of Insurance and certain approval | ||
authority and hearings held in connection with reported | ||
information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. AMENDMENTS AFFECTING REPORTING AND RELATED HEARINGS | ||
SECTION 1.01. Sections 2053.056(a) and (b), Insurance Code, | ||
are amended to read as follows: | ||
(a) The commissioner may [ |
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each biennium[ |
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review rates to be charged for workers' compensation insurance | ||
written in this state. A public hearing under this section is not a | ||
contested case as defined by Section 2001.003, Government Code. | ||
(b) Not later than the 30th day before the date of a [ |
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public hearing conducted [ |
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insurance company subject to this subtitle [ |
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file the insurance company's rates, supporting information, and | ||
supplementary rating information with the commissioner. | ||
SECTION 1.02. Section 2251.008, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 2251.008. ANNUAL [ |
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LEGISLATIVE REPORT. (a) The commissioner shall require each | ||
insurer subject to this subchapter to annually [ |
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with the commissioner information relating to changes in losses, | ||
premiums, and market share since January 1, 1993. The commissioner | ||
may require an insurer subject to this subchapter to report to the | ||
commissioner, in the form and in the time required by the | ||
commissioner, any other information the commissioner determines is | ||
necessary to comply with this section. | ||
(b) Annually [ |
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the governor, the lieutenant governor, the speaker of the house of | ||
representatives, the legislature, and the public regarding: | ||
(1) the information provided to the commissioner, | ||
other than information made confidential by law, in the insurers' | ||
reports under Subsection (a); and | ||
(2) market conduct, especially rates and consumer | ||
complaints. | ||
(c) The report required by this section must cover a | ||
calendar year [ |
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(1) for each insurer that writes a line of insurance | ||
subject to this subchapter, must state the insurer's: | ||
(A) market share; | ||
(B) profits and losses; | ||
(C) average loss ratio; and | ||
(D) whether the insurer submitted a rate filing | ||
during the year [ |
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(2) for each rate filing submitted under Subdivision | ||
(1)(D), must indicate any significant impact on policyholders, the | ||
overall rate change from the rate previously used by the insurer | ||
stated as a percentage, and any rate changes for the previous 12, | ||
24, and 36 months. | ||
(d) Except as provided by Subsection (e), the annual | ||
[ |
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to the governor, lieutenant governor, speaker of the house of | ||
representatives, legislature, and public not later than the 90th | ||
day after the last day of the calendar year [ |
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report. | ||
(e) If the commissioner determines that it is not feasible | ||
to provide the report required by this section within the period | ||
specified by Subsection (d) for all lines of insurance subject to | ||
this subchapter, the department: | ||
(1) shall make the annual [ |
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applicable to lines of residential property insurance and personal | ||
automobile insurance, available within the period specified by | ||
Subsection (d); and | ||
(2) may delay publication of the annual [ |
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report as it relates to other lines of insurance subject to this | ||
subchapter until a date specified by the commissioner. | ||
SECTION 1.03. Section 2251.101(b), Insurance Code, is | ||
amended to read as follows: | ||
(b) The commissioner by rule shall: | ||
(1) determine the information required to be included | ||
in the filing, including: | ||
(A) categories of supporting information and | ||
supplementary rating information; | ||
(B) statistics or other information to support | ||
the rates to be used by the insurer; | ||
(C) [ |
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evidence that the computation of the rate does not include | ||
disallowed expenses for personal lines; and | ||
(D) [ |
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service fees, and other fees that are charged or collected by the | ||
insurer under Section 550.001 or 4005.003; and | ||
(2) prescribe the process through which the department | ||
requests supplementary rating information and supporting | ||
information under this section, including: | ||
(A) the number of times the department may make a | ||
request for information; and | ||
(B) the types of information the department may | ||
request when reviewing a rate filing. | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. Sections 1501.109(a), (b), and (c), Insurance | ||
Code, are amended to read as follows: | ||
(a) A small or large employer health benefit plan issuer may | ||
elect to refuse to renew all small or large employer health benefit | ||
plans delivered or issued for delivery by the issuer in this state | ||
or in a geographic service area [ |
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The issuer shall notify: | ||
(1) the commissioner of the election not later than | ||
the 180th day before the date coverage under the first plan | ||
terminates under this subsection; and | ||
(2) each affected covered small or large employer not | ||
later than the 180th day before the date coverage terminates for | ||
that employer. | ||
(b) A small employer health benefit plan issuer that elects | ||
under this section to refuse to renew all small employer health | ||
benefit plans in this state or in a [ |
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area may not write a new small employer health benefit plan in this | ||
state or in the geographic service area, as applicable, before the | ||
fifth anniversary of the date notice is provided to the | ||
commissioner under Subsection (a). | ||
(c) A large employer health benefit plan issuer that elects | ||
under this section to refuse to renew all large employer health | ||
benefit plans in this state or in a [ |
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area may not write a new large employer health benefit plan in this | ||
state or in the geographic service area, as applicable, before the | ||
fifth anniversary of the date notice is provided to the | ||
commissioner under Subsection (a). | ||
SECTION 2.02. Section 2206.002(b), Insurance Code, is | ||
amended to read as follows: | ||
(b) The pool[ |
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SECTION 2.03. Section 2207.002(b), Insurance Code, is | ||
amended to read as follows: | ||
(b) A pool[ |
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[ |
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SECTION 2.04. Section 2208.002(b), Insurance Code, is | ||
amended to read as follows: | ||
(b) The pool is subject to Chapter 541 [ |
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SECTION 2.05. Section 2212.053(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) A trust shall file with the department: | ||
(1) all rates and forms, for informational purposes | ||
only; and | ||
(2) [ |
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[ |
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financial statement. | ||
ARTICLE 3. REPEALER | ||
SECTION 3.01. The following provisions of the Insurance | ||
Code are repealed: | ||
(1) Section 32.0221; | ||
(2) Subchapters C, D, and I, Chapter 38; | ||
(3) Section 425.107; | ||
(4) Section 542.006(c); | ||
(5) Section 1501.056(c); | ||
(6) Section 1501.101(a); and | ||
(7) Section 4201.204(c). | ||
ARTICLE 4. TRANSITION; EFFECTIVE DATE | ||
SECTION 4.01. (a) Sections 2206.002(b), 2207.002(b), | ||
2208.002(b), and 2212.053(a), Insurance Code, as amended by this | ||
Act, and the repeal by this Act of Subchapter D, Chapter 38, | ||
Insurance Code, apply only to a claim closed on or after January 1, | ||
2016. A claim closed before January 1, 2016, is governed by the law | ||
as it existed immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
(b) Section 2251.008, Insurance Code, as amended by this | ||
Act, applies with respect to reporting by insurers to, and | ||
reporting to the legislature by, the commissioner of insurance on | ||
or after January 1, 2016. Reporting by insurers and the | ||
commissioner before that date is governed by the law as it existed | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 4.02. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 784 passed the Senate on | ||
April 9, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 784 passed the House on | ||
May 5, 2015, by the following vote: Yeas 144, Nays 1, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |