HBA-DMH C.S.H.B. 530 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 530
By: Wise
Insurance
3/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law does not prohibit an insurer from considering a person's credit
history when underwriting an insurance policy.  Some insurers run credit
checks when a policyholder renews or changes a policy.  A person's policy
may be canceled because of a poor credit rating even though the
policyholder consistently paid the premium on time.  According to the
office of public insurance counsel, in 1999, 32 percent of homeowners
insurance applicants and 46 percent of automobile insurance applicants were
denied coverage or renewal of their policy by insurance companies because
of their credit history.  C.S.H.B. 530 provides that an insurer must
provide its standards from making certain underwriting decisions based on
credit history to the commissioner of insurance and the office of public
insurance counsel. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 530 amends the Insurance Code to establish that before an insurer
may make an underwriting decision based in whole or in part on a credit
report, the insurer must provide its credit report use standards to the
commissioner of insurance (commissioner) and the office of public insurance
counsel (OPIC).  The bill specifies what the standards must include and the
types of policies to which these provisions apply.  The bill provides that
an insurer is not prohibited from refusing to allow premium payment in
installments for a person whose failure to pay premiums for an insurance
policy caused a lapse in that policy during the two years preceding the
date on which the request to pay premiums in installments is made. 
The bill authorizes an insurer that provides information to the
commissioner or OPIC to ask the commissioner to determine whether the
information is confidential under provisions relating to exemptions for
certain commercial or financial information.  The bill provides that the
information is confidential until the commissioner makes a determination
and that a determination that the information is confidential does not
apply to a hearing or other proceeding to determine whether an insurer has
violated an antidiscrimination law. 

 The bill provides that an insurer who violates these provisions commits an
unfair practice in violation of provisions relating to unfair competition
and unfair practices and is subject to applicable penalties. 

EFFECTIVE DATE

September 1, 2001.  The Act applies only to an insurance policy that is
delivered, issued for delivery, or renewed on or after January 1, 2002. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 530 modifies the original bill by establishing that an insurer's
standards for underwriting decisions based on a credit report must be
provided to the commissioner of insurance and the office of public
insurance counsel and by removing the prohibition that an insurer may not
make an underwriting decision based in whole or in part on a credit report.
The substitute sets forth provisions for confidentiality of information and
standards and adds to  the definition of credit report a report regarding
an individual's credit capacity.