HBA-TYH, ATS H.B. 3304 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3304
By: Thompson
Insurance
7/21/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Article 1.28 (Out-of-State Books, Records,
Accounts, and Offices), Insurance Code, authorized a domestic insurer,  if
it provided written notice to the commissioner of insurance of its intent
to relocate books and records and if the commissioner did not disapprove
within 30 days after that notice is given, to locate and maintain all or
any portion of its books, records, and accounts and its principal offices
outside of Texas at a location within the United States. Although the
expenses incurred by the Texas Department of Insurance (department) to
examine the books, records, accounts, or principal offices of a domestic
insurer located outside Texas were prohibited from being used as a credit
on or offset to the amount of premium taxes to be paid by the insurer to
the state, the department had been hesitant to approve the relocation of
books and records because the reimbursements for expenses were not
deposited in the department's examiners' fund. Due to this, each
out-of-state examination costed the department funds that could have been
used for other examinations.  H.B. 3304 sets forth requirements and
guidelines for the maintenance of the books and records of certain
insurers. 

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 (Article 1.28, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 1.28, Insurance Code, as follows:

Sec. 1.  (a)  Provides that this article does not apply to or prohibit the
location and maintenance of the normal books, records, and accounts,
including policyholder and claim files of a domestic insurance company,
relating to the business produced by or through an agency of the company
whether or not such an agency is an affiliated under Article 21.49-1
(Insurance Holding Company System Regulatory Act), Insurance Code, at the
branch office or agency office, if that office is located in the United
States.  Makes conforming changes. 

(b)  Provides that the domestic insurance company must be a health
maintenance organization that is affiliated with other health maintenance
organizations or health care providers.  

(c)-(e)  Makes no change.

(f)  Prohibits a separate notice of intent from being required if the
domestic insurer has an agreement to maintain its books and records outside
of the state with an affiliate and such agreement has been approved or
deemed approved as required by Article 21.49-1, Insurance Code, and such
agreement contains substantially all the information required for such
notice under this article.  
 
(g)  Requires the commissioner of insurance (commissioner) to adopt rules
allowing the maintenance of the books and records of a domestic insurer
subject to this article with a nonaffiliated entity other than an agency
and to allow a domestic health maintenance organization to comply with this
article.   

 Sec. 2.  Makes no change.

SECTION 2.  Effective date: September 1, 1999.
Provides that this act clarifies the law as it existed immediately before
the effective date of this Act and may not be interpreted to imply that the
law as it existed immediately before the effective date of this Act is
inconsistent with the law as amended by this Act. 

SECTION 3.  Emergency clause.