1 | 1 | | 85R1727 SCL-D |
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2 | 2 | | By: White H.B. No. 127 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the use of credit scoring in the underwriting and rating |
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8 | 8 | | of certain insurance policies. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 559, Insurance Code, is |
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11 | 11 | | amended by adding Section 559.0025 to read as follows: |
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12 | 12 | | Sec. 559.0025. SUSPENSION OF USE OF CREDIT SCORING. (a) An |
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13 | 13 | | insurer may not use credit scoring in the underwriting or rating of |
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14 | 14 | | an insurance policy to which this chapter applies and that is |
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15 | 15 | | delivered, issued for delivery, or renewed on or after January 1, |
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16 | 16 | | 2018. |
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17 | 17 | | (b) This section expires January 1, 2020. |
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18 | 18 | | SECTION 2. (a) In this section: |
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19 | 19 | | (1) "Commissioner" means the commissioner of |
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20 | 20 | | insurance. |
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21 | 21 | | (2) "Committee" means the Committee on Insurer Use of |
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22 | 22 | | Credit Scoring. |
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23 | 23 | | (b) The commissioner shall establish the Committee on |
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24 | 24 | | Insurer Use of Credit Scoring to develop and make recommendations |
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25 | 25 | | on whether credit scoring should be used in the underwriting or |
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26 | 26 | | rating of insurance and if so, how the use of credit scoring may be |
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27 | 27 | | improved. The recommendations must also specifically address the |
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28 | 28 | | question of whether the lack of a credit score should ever influence |
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29 | 29 | | insurance rates. |
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30 | 30 | | (c) The committee is composed of nine members appointed by |
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31 | 31 | | the commissioner as follows: |
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32 | 32 | | (1) at least one representative of the insurance |
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33 | 33 | | industry; |
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34 | 34 | | (2) at least one representative of the Office of |
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35 | 35 | | Public Insurance Counsel; |
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36 | 36 | | (3) at least one policyholder who is not affiliated |
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37 | 37 | | with the insurance industry; and |
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38 | 38 | | (4) other members who represent one of the categories |
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39 | 39 | | listed in Subdivisions (1), (2), and (3) of this subsection. |
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40 | 40 | | (d) The commissioner shall designate one member to serve as |
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41 | 41 | | the presiding officer of the committee. |
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42 | 42 | | (e) A committee member is not entitled to compensation for |
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43 | 43 | | service on the committee but is entitled to reimbursement for |
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44 | 44 | | actual and necessary expenses incurred in performing committee |
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45 | 45 | | duties. |
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46 | 46 | | (f) The committee shall meet at least quarterly on the call |
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47 | 47 | | of the presiding officer. Committee meetings are subject to the |
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48 | 48 | | open meetings law, Chapter 551, Government Code. |
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49 | 49 | | (g) The Texas Department of Insurance shall provide |
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50 | 50 | | administrative support for the committee. Funding for the |
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51 | 51 | | administrative and operational expenses of the committee shall be |
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52 | 52 | | provided from the department's existing budget. |
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53 | 53 | | (h) The committee's development of recommendations under |
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54 | 54 | | this section must be based on a study of the effects of the use of |
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55 | 55 | | credit scoring in the underwriting and rating of insurance. The |
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56 | 56 | | study must, at a minimum, address and include findings regarding: |
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57 | 57 | | (1) the effect of credit scoring on: |
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58 | 58 | | (A) the elderly; |
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59 | 59 | | (B) young people; and |
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60 | 60 | | (C) people with little or no credit history, |
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61 | 61 | | including wealthy people; |
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62 | 62 | | (2) the range of effects that credit scoring has on |
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63 | 63 | | insurance rates; and |
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64 | 64 | | (3) the rate of errors in computing credit scores. |
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65 | 65 | | (i) The committee shall prepare a written report of the |
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66 | 66 | | committee's findings and recommendations under this section. The |
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67 | 67 | | committee shall deliver the report to the governor, the lieutenant |
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68 | 68 | | governor, and all members of the legislature not later than |
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69 | 69 | | December 1, 2018. |
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70 | 70 | | (j) The committee is abolished and this section expires June |
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71 | 71 | | 1, 2019. |
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72 | 72 | | SECTION 3. This Act takes effect September 1, 2017. |
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