LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION May 18, 2023 TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1588 by Oliverson (relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.), Committee Report 2nd House, Substituted The fiscal implications of the bill cannot be determined because the timing and amounts of any excess losses and amounts loaned from the Economic Stabilization Fund are unknown. The bill would amend the Insurance Code relating to the payment of excess losses of the Texas Windstorm Insurance Association (TWIA) and allow the Comptroller of Public Accounts (CPA) to enter into an investment arrangement with TWIA to provide up to $1 billion of the Economic Stabilization Fund balance to fund TWIA's excess losses and operational expenses after a catastrophic event. The bill would take effect September 1, 2023.The bill would modify the manner in which excess losses of TWIA are paid. Under current law, excess losses are paid for by the issuance of public securities and by member assessments. The bill would require that excess losses be paid by member assessments not to exceed $1 billion per catastrophe year; money received from state investment arrangements not to exceed $1 billion; and the issuance of public securities not to exceed, in aggregate, $1 billion at any one time. TWIA members could not recoup an assessment through a premium surcharge or tax credit. According to the CPA, the fiscal impact on the state cannot be estimated as the timing and amounts of any excess losses and infrastructure grants are unknown.Based on the analysis of the Trusteed Programs within the Office of the Governor and the Department of Insurance, any duties and responsibilities associated with implementing the provisions of the bill could be accomplished by the agencies utilizing existing resources. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 300 Trusteed Programs Within the Office of the Governor, 304 Comptroller of Public Accounts, 454 Department of Insurance LBB Staff: b > td > JMc, SZ, GDZ, LBl, AAL LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION May 18, 2023 TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1588 by Oliverson (relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.), Committee Report 2nd House, Substituted TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1588 by Oliverson (relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.), Committee Report 2nd House, Substituted Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce Jerry McGinty, Director, Legislative Budget Board Jerry McGinty, Director, Legislative Budget Board HB1588 by Oliverson (relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.), Committee Report 2nd House, Substituted HB1588 by Oliverson (relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.), Committee Report 2nd House, Substituted The fiscal implications of the bill cannot be determined because the timing and amounts of any excess losses and amounts loaned from the Economic Stabilization Fund are unknown. The fiscal implications of the bill cannot be determined because the timing and amounts of any excess losses and amounts loaned from the Economic Stabilization Fund are unknown. The bill would amend the Insurance Code relating to the payment of excess losses of the Texas Windstorm Insurance Association (TWIA) and allow the Comptroller of Public Accounts (CPA) to enter into an investment arrangement with TWIA to provide up to $1 billion of the Economic Stabilization Fund balance to fund TWIA's excess losses and operational expenses after a catastrophic event. The bill would take effect September 1, 2023.The bill would modify the manner in which excess losses of TWIA are paid. Under current law, excess losses are paid for by the issuance of public securities and by member assessments. The bill would require that excess losses be paid by member assessments not to exceed $1 billion per catastrophe year; money received from state investment arrangements not to exceed $1 billion; and the issuance of public securities not to exceed, in aggregate, $1 billion at any one time. TWIA members could not recoup an assessment through a premium surcharge or tax credit. According to the CPA, the fiscal impact on the state cannot be estimated as the timing and amounts of any excess losses and infrastructure grants are unknown.Based on the analysis of the Trusteed Programs within the Office of the Governor and the Department of Insurance, any duties and responsibilities associated with implementing the provisions of the bill could be accomplished by the agencies utilizing existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 300 Trusteed Programs Within the Office of the Governor, 304 Comptroller of Public Accounts, 454 Department of Insurance 300 Trusteed Programs Within the Office of the Governor, 304 Comptroller of Public Accounts, 454 Department of Insurance LBB Staff: b > td > JMc, SZ, GDZ, LBl, AAL JMc, SZ, GDZ, LBl, AAL