TITLE exempt-filings

Texas Department of Insurance

Proposed Action on Rules

The Commissioner of Insurance, at a public hearing under Docket Number 2448 on June 28, 2000 at 10:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendments to the Homeowners and Dwelling Sections of the Texas Personal Lines Manual (Manual) relating to Homeowners and Dwelling policies. Staff's petition (Reference Number P-0500-12-I), was filed on May 17, 2000.

Staff proposes adoption of amendments to the Manual rules, which would provide a second category for an optional credit on Homeowners and Dwelling policies for stovetop fire suppression devices. The proposed amendments: (1) make Category 1 devices eligible for the current stovetop fire suppression credits; (2) provide the amount of credits for Category 2 devices; and (3) require that the suppression device or devices have been approved by the State Fire Marshal in accordance with 28 TAC §§34.1001 - 34.1004.

Amendments to §34.1004 are being proposed concurrently with this amendment concerning stovetop fire suppression device approval and are published in a separate rule in this issue of the Texas Register . The amendments to §34.1004 are necessary to set forth the criteria that will allow insurers to offer a second category of credits for a correctly installed residential stovetop fire suppression device and to add requirements for all categories of devices.

A copy of the petition, including exhibits with the full text of the proposed amendments to the Manual, is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Reference Number P-0500-12-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register , to the Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas, 78714-9104. An additional copy of the comments is to be submitted to Marilyn Hamilton, Deputy Commissioner, Personal and Commercial Lines Division, Texas Department of Insurance, P.O. Box 149104, MC 104-PC, Austin, Texas, 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

TRD-200003428

Lynda Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: May 17, 2000