Texas House Bill HB1239

Texas 2023 - 88th Regular

• Filed: 1/9/23
• Out of House Committee: 4/17/23

Caption

Relating to consideration by insurers of certain prohibited criteria for ratemaking and coverage decisions and the use of disparate impact analysis regarding certain insurance practices.

Impact

If enacted, HB1239 will amend the Texas Insurance Code, particularly affecting how insurers assess risks and determine rates. By eliminating the ability to use ESG criteria, the legislation aims to ensure that the underwriting process remains grounded in traditional assessment methods, focused primarily on loss experience. Proponents argue that this change is vital for protecting jobs in baseload industries, while critics highlight that it may prevent the integration of important social values and could lead to negative consequences for the environment.

Summary

House Bill 1239 aims to prohibit insurers in Texas from utilizing environmental, social, or governance (ESG) models, scores, or standards in their underwriting processes. Specifically, it seeks to prevent discrimination against businesses that engage in activities such as fossil fuel production, mining, or agriculture based solely on these criteria. The bill also includes provisions that restrict insurers from conducting disparate impact analyses, unless explicitly required by statute. This legislative effort arises from growing concerns that the adoption of such criteria may negatively impact certain industries without a corresponding actuarial justification.

Sentiment

The sentiment surrounding HB1239 appears to be mixed, reflecting a divide between economic interests and social responsibility. Supporters, including some industry business representatives, argue that the legislation is essential for maintaining an equitable insurance market and safeguarding jobs within traditional sectors. Conversely, opponents warn that its passage could hinder progress towards more responsible investment practices, particularly in addressing climate change and promoting sustainable business practices.

Contention

A notable point of contention in the discussions includes the debate over how much influence ESG factors should have in insurance underwriting processes. Advocates for HB1239 assert that current trends towards ESG-inclusive regulations unfairly penalize certain industries, while voices in opposition contend that ignoring these facets may lead to significant societal repercussions. The bill’s language has sparked conversations about the balance between economic interests and the responsibility of insurers to consider broader impacts on communities and the environment.

Texas Constitutional Statutes Affected

Insurance Code

• Chapter 36. Department Rules And Procedures
  • Section: New Section