HBA-ATS H.B. 3697 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3697
By: Siebert
Business & Industry
9/16/1999
Enrolled



BACKGROUND AND PURPOSE 

Created in 1991 by the 72nd Texas Legislature, the Texas Workers'
Compensation Insurance Fund (fund) provides workers' compensation insurance
to Texas businesses and their employees and to Texas employers that operate
in other states.  Although the fund operates as a workers' compensation
insurance company in the private sector, its purpose is to serve as a
competitive force in the marketplace, guarantee the availability of
workers' compensation insurance in this state, and serve as an insurer of
last resort.  Since January 1, 1992, the fund has written over 250,253
policies that provide coverage to more than 35,000 businesses.
Consequently, the fund has become the largest workers' compensation insurer
in the state. 

H.B. 3697 authorizes the fund to establish multitiered premium systems to
price workers' compensation insurance to insureds in the fund's competitive
programs, as well as to insureds to whom policies are offered by the fund
under existing Article 5.76-4 (Fund as Insurer of Last Resort). In
addition, this bill authorizes the systems to provide for higher or lower
premium payments by insureds based on the fund's evaluation of the
underwriting characteristics of the individual risk and the appropriate
premium to be charged for the policy coverages. 

This bill deletes the provision in the Insurance Code that grants to the
fund a tax credit equal to two percent of the gross workers' compensation
premiums written by the fund during the period for which taxes are
assessed.  Under this bill, the fund is a member of and is protected by the
Texas Property and Casualty Insurance Guaranty Association. 

This bill requires the comptroller of public accounts (comptroller) and the
Texas Department of Insurance (department) to cooperate in preparing a
list, by year, of the insurers and certified selfinsurers who paid the
maintenance tax surcharges (surcharge) for calendar years 1991-1996.  The
fund is required to issue separate checks to each insurer and certified
self-insurer for each year in which the maintenance tax surcharge was paid.
The fund must make the payments from the surplus of the fund.  Each
policyholder is entitled to receive a proportionate share of the amount of
maintenance tax surcharge paid by the workers' compensation insurer that
provided coverage during each 12-month recoupment period beginning June 1,
1992, and ending May 31, 1998.  Each insurer must issue a refund check to
the policyholder for the amount of the refund for each policy written
during the applicable recoupment period. 

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 3 (Section 10A, Article 5.76-5, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 9(c), Article 5.76-3, Insurance Code, as follows:

(c) Authorizes the Texas Workers' Compensation Insurance Fund (fund) to
establish multitiered premium systems to price, rather than provide,
workers' compensation insurance to insureds in, rather than who would not
otherwise meet, the fund's competitive programs, as well as to insureds to
whom policies are offered by the fund under existing Article 5.76-4  (Fund
as Insurer of Last Resort), rather than the fund's underwriting standards,
notwithstanding any other provision of the Insurance Code or any other
state insurance law, rather than any other provision of this article.
Authorizes the systems to provide for higher or lower premium payments by
insureds based on the fund's evaluation of the underwriting characteristics
of the individual risk and the appropriate premium to be charged for the
policy coverages, rather than by insureds who present higher than normal
risks within a class. 

SECTION 2.  Amends Section 12, Article 5.76-3, Insurance Code, by deleting
Subsection (b), which grants to the fund a tax credit equal to two percent
of the gross workers' compensation premiums written by the fund during the
period for which taxes are assessed.  Provides that the fund is a member of
and is protected by the Texas Property and Casualty Insurance Guaranty
Association, rather than prohibits the fund from being a member of or being
protected by the Texas Property and Casualty Insurance Guaranty
Association.  Redesignates existing Subsections (c) and (d) to Subsections
(b) and (c).  Makes conforming changes in existing Subsections (a) and
redesignated Subsection (b).  

SECTION 3.  Amends Article 5.76-5, Insurance Code, by adding Section 10A,
as follows: 

Sec. 10A.  REIMBURSEMENT OF MAINTENANCE TAX SURCHARGE.  (a) Requires the
comptroller of public accounts (comptroller) and the Texas Department of
Insurance (department) to cooperate in preparing a list, by year, of the
insurers and certified selfinsurers who paid the maintenance tax surcharges
(surcharge) for calendar years 1991-1996. Provides that the list must
include the amount by year of the surcharge paid by each insurance company
and by each certified-self insurer.  Sets forth that the fund paid the
surcharge only for calendar years 1993 and 1994.  Requires the fund to be
included in the list only for those years. Requires that the list be given
to the fund within 60 days after the effective date of this section.
Provides that a reference to an insurance company includes the fund. 

(b) Requires the fund to issue separate checks, in the amount determined
under Subsection (a), to each insurer and certified self-insurer for each
year in which the surcharge was paid.  Requires the fund to make the
payments from the surplus of the fund. 

(c) Describes the date on which the surcharge is paid and defines the
calendar years for which the surcharge was paid and the corresponding
recoupment periods. 

(d) Entitles each policyholder not insured by the fund to receive a
proportionate share of the amount of the surcharge paid by the workers'
compensation insurer that provided coverage with a policy effective date
during each 12-month recoupment period beginning June 1, 1992, and ending
May 31, 1998.  Entitles only those policyholders with coverage provided by
the fund with policy effective dates during the recoupment periods
beginning June 1, 1994, and ending May 31, 1995, and beginning June 1,
1995, and ending May 31, 1996, respectively, to receive a refund of the
proportionate share of the surcharge from the fund.  Entitles only those
policyholders with coverage provided through the Texas workers'
compensation insurance facility with policy effective dates during the
recoupment periods beginning June 1, 1992, and ending May 31, 1993, and
beginning June 1, 1993, and ending May 31, 1994, respectively, to receive a
refund of the proportionate share of the surcharge.  Specifies the
procedure required to determine the proportionate share. 
  
(e) Requires each insurer to issue a refund check to the policyholder for
the amount of the refund for each policy written during the applicable
recoupment period, except as provided by Subsection (f).  Authorizes the
insurer, in the case of a policyholder with a balance due for premiums
earned during any recoupment period, to apply that refund as a credit
against the amount owed, except as provided by Subsection (f).  Provides
that refunds or credits must be made or applied by September 1, 2000. 

(f) Provides that an insurer is not required to issue a refund if the
amount of that refund is less than $25. 
 
(g) Requires each insurer to make a diligent effort to locate each
policyholder due a refund. 

(h) Requires each insurer to file with the department, by January 1, 2001,
a report that covers each applicable recoupment period.  Enumerates the
information required in the report. 

(i) Requires an insurer, if it is unable to locate a policyholder due a
refund, to notify the department. 

(j) Requires the department to furnish a report to the fund by March 1,
2001.  Provides that the report is to be used to publish notices in a
newspaper of general circulation in each county with a population of
100,000 or more.  Requires the fund to publish the notices by April 1,
2001, and to pay these costs from the surplus of the fund.  Provides that
each notice must have a statement describing the reason for the
publication. Enumerates the information required in the statement. 

(k) Sets forth that an eligible policyholder must provide a current mailing
address by the later of the 180th day after publication of the notice or
October 1, 2001, to receive a refund. 

(l) Requires the insurer to remit the refund to an eligible policyholder
within 45 days after the insurer receives the policyholder's required
address.  Provides that all refunds must be remitted by November 15, 2001. 

(m) Requires each insurer to file a report by December 31, 2001. Enumerates
the information required in the report. 

(n) Requires an insurer that cannot locate a policyholder eligible for a
refund to return the amount of the remaining surcharge to the fund for
deposit in the fund's surplus by December 31, 2001. 

(o) Establishes December 31, 2001, as the date all rights to a refund
expire. 

(p) Prohibits an insurer from being required to refund an amount greater,
in the aggregate, than that received from the fund. 

(q) Sets forth that each report filed with the department by an insurer
that identifies a policyholder by name is confidential.  Requires the
department to maintain the confidentiality of the information and of the
report.  Provides that a report made by an insurer is not subject to
disclosure under Chapter 552 (Public Information), Government Code 

(r) Requires the commissioner to adopt rules as necessary to implement this
section. 

(s) Establishes September 1, 2002, as the expiration date.

SECTION 4.   Amends Subchapter G, Chapter 5, Insurance Code, by adding
Article 5.76-6, as follows: 

Art. 5.76-6.  INTERIM STUDIES.  (a) Requires the fund to enter into a joint
venture with the Research and Oversight Council on Workers' Compensation
(council) by providing data for interim studies.  Requires funding for the
studies to come from the surplus of the fund. Provides that the purpose of
the studies is to improve worker safety and reduce the cost and improve the
quality of health care delivered to injured workers. 

(b) Enumerates the examinations required to be included in the studies. 

 (c) Requires the council to submit requests for proposals for contracts
with private vendors to perform the studies.  Requires the comptroller to
assist the council in bidding, evaluating, and securing the contracts. 

(d) Requires the Texas Workers' Compensation Commission to assist the
council by providing computer data and other information. 

(e) Authorizes the council to enter into contracts, memoranda of
understanding, and interagency agreements as necessary to implement this
article. 

(f) Requires the council to report the result of the studies and
recommendations for proposed legislation to the 77th Legislature by
February 1, 2001.  Requires the council to provide written copies of the
report to the governor, the lieutenant governor, and the speaker of the
house of representatives. 

(g) Establishes March 1, 2001, as the expiration date of this article.

SECTION 5.  Amends Section 3, Article 21.28-C, Insurance Code, as follows:

(a) Creates this subsection from existing text.

(b) Provides that the Property and Casualty Insurance Guaranty Act applies
to insurance written through the fund.  Sets forth that the application of
this article (Property and Casualty Insurance Guaranty Act) to the fund is
prospective, beginning January 1, 2000.  Provides that the fund is only
liable for assessments for a claim and for claims of insolvency of the fund
with a date of injury that occurs on or after January 1, 2001.    

SECTION 6.  Amends Section 5(10), Article 21.28-C, Insurance Code, by
including a stock, mutual, Lloyds insurer, reciprocal or inter-insurance
exchange, or county mutual insurance company, among the insurers, rather
than persons, defined as "member insurers." 

SECTION 7.Emergency clause.
  Effective date: upon passage.