HBA-MPM H.B. 1203 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1203
By: Brimer
Business & Industry
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, existing law authorized a state agency or an
institution of higher education (agency) to purchase its own insurance
policies.  As a result, a state agency may have purchased an unnecessary or
questionable policy, which posed an additional cost to the state. House
Bill 1203 requires the State Office of Risk Management (SORM) to administer
insurance services obtained by state agencies and operate as a full-service
insurance and risk manager, and in administering insurance services,
purchase insurance coverage for state agencies. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the risk management board in SECTION
1.02 (412.011, Labor Code), SECTION 1.04 (Section 412.0121, Labor Code),
and SECTION 3.01, and to the State Office of Risk Management in SECTION
1.10 (Section 2, Article 21.49-15A, Insurance Code) of this bill. 

ANALYSIS

House Bill 1203 amends the Labor Code to require the State Office of Risk
Management (SORM) to administer insurance services obtained by state
agencies.  The bill requires SORM to operate as a fullservice insurance and
risk manager for state agencies, to maintain and review records of
property, casualty, or liability insurance coverages purchased by or for a
state agency, and to administer the program for the purchase of surety
bonds for state officers and employees.  The bill requires SORM to perform
risk management for each state agency, and to purchase insurance coverage
for state agency employees, except for those employees under the direction
or control of the board of regents of Texas Tech University, under any line
of insurance other than health or life insurance, including liability
insurance.  The bill requires the risk management board (board) by rule to
develop an implementation schedule for the purchase of insurance and
requires the board to phase in, by line of insurance, the requirement that
a state agency purchase coverage only through SORM.  The bill prohibits a
state agency, except for the board of regents of Texas Tech University,
from purchasing property, casualty, or liability insurance coverage without
board approval (Sec. 412.011). 

The bill authorizes the board by rule to establish the formula for
allocating the cost of purchasing insurance for state agencies and for
performing risk management services in an interagency contract in a manner
that gives proper consideration to relevant factors such as the site of an
agency and the cost of insurance (Sec. 412.0121). 

H.B. 1203 provides that members of the board that govern SORM must have
demonstrated experience in the field of insurance and insurance regulation.
The bill entitles a person serving as a member of the board on the
effective date of this Act to serve until the person's term expires.  The
governor is required to appoint a member who meets the qualifications
established by these provisions upon the expiration of the person's term
(Sec. 412.021 and SECTION 1.15).  The bill requires the director to furnish
copies of all rules adopted by the board to the commissioner of the Texas
Department of Insurance (commissioner) (Sec. 412.041). 
 
In addition to a report from the executive director of SORM (executive
director) to the legislature regarding the services provided by SORM to
state agencies and Texas Tech University, the bill requires the executive
director to report no later than February 1 of each odd-numbered year
regarding insurance coverage purchased for state agencies, premium dollars
spent to obtain the coverage, as well as losses incurred under the
coverage.  Agencies that had medical malpractice insurance coverage,
workers' compensation insurance coverage, or other self-insurance coverage
with associated risk management programs before January 1, 1989 are
required to provide on an annual basis no later than September 30 of each
year a written report to the Legislative Budget Board identifying policies
purchased under any line of insurance other than life or health insurance.
(Sec. 412.042). 

H.B. 1203 amends the Insurance Code and further amends the Labor Code to
require each state agency to actively manage the risks of that agency by
cooperating with SORM and the Texas Department of Insurance in the purchase
of property, casualty, and liability lines of insurance coverage (Sec.
412.051, Labor Code).  The bill requires each state agency that intends to
purchase property, casualty, or liability insurance coverage in a manner
other than through the services provided by SORM and the insurer providing
the coverage to report the intended purchase to SORM within 30 days of the
date on which the intended purchase is to occur.   In addition to the
information contained in the report, SORM may require the state agency to
submit copies of insurance forms, policies, and other relevant information
(Sec. 412.051, Labor Code and Art. 21.49-15A, Insurance Code). 

The bill requires SORM to adopt rules to implement these provisions and to
consult with the commissioner in adopting the rules.  The bill provides
that failure by an insurer to comply with the reporting requirements
constitutes grounds for the imposition of sanctions against the insurer
(Art. 21.49-15A, Insurance Code). 

H.B. 1203 amends the Government Code to authorize a state agency to
purchase a surety bond for a state officer or employee only if required by
the Texas Constitution or by federal law or regulation or by court order,
or if approved by SORM.   The bill authorizes SORM to approve the purchase
of a surety bond if SORM finds that the bond is warranted by a substantial
or unusual risk of loss or SORM otherwise determines that the purchase is
necessary to protect the interest of the state.  The bill removes existing
provisions authorizing the head of a state agency to contract for a
position schedule honesty bond or a blanket position bond, specific excess
indemnity coverage, or a faithful performance blanket position bond for
certain employees (Sec. 653.004).  The bill authorizes SORM to determine
the necessary scope and amount of bond coverage for a state agency, unless
the bond coverage is established by the Texas Constitution, by federal law
or regulation, or by court order.  The bill removes existing provisions
specifying the maximum amount of bond coverage on certain state officers or
employees (Sec. 653.005).  The bill specifies that a state officer or
employee otherwise qualified to hold office, employment, or to serve as a
notary public shall not be disqualified because a surety bond has not been
obtained for the officer or employee (Sec. 653.012).  

The bill amends the Labor Code to authorize an employee of the Texas
Department of Transportation to use accrued sick leave or annual leave
before receiving workers' compensation income benefits.  If the employee
opts to use sick or annual leave, the employee is not entitled to the
income benefits until the sick or annual leave has been exhausted (Sec.
505.060). 

The board is required to adopt rules to implement the changes in this bill
no later than December 1, 2002. An insurer is not required to comply with
the reporting requirements until January 1, 2002 (SECTION 3.01). 

EFFECTIVE DATE

September 1, 2002.