28 TAC §§1.2801 - 1.2803
The Texas Department of Insurance proposes new §§1.2801
- 1.2803, Subchapter BB, concerning the forms privacy notice. These new sections
are necessary to implement the provisions of House Bill 1922 enacted by the
77th Texas Legislature (2001), relating to the state government privacy policy
requirements of Texas Government Code Chapter 559. These sections only apply
to forms adopted directly or by reference under Title 28 of the Texas Administrative
Code, and for which the department collects information about an individual
by means of a form that the individual completes and files with the department
in a paper format or in an electronic format including on the department's
Internet site. The sections incorporate a standardized notice into those forms,
thereby eliminating the need for departmental staff to separately amend each
rule to include the notice required by Chapter 559.
Ann Bright, Section Chief, Agency Counsel Section, Legal & Compliance,
has determined that for each year of the first five years the proposed sections
will be in effect, there will be no fiscal impact to state and local governments
as a result of the enforcement or administration of the rule. There will be
no measurable effect on local employment or the local economy as a result
of the proposal.
Ms. Bright has also determined that for each year of the first five years
the sections are in effect, the public benefits anticipated as a result of
the proposed sections will be increased trust in state government and its
agencies, and increased reliability and accuracy of the information maintained
by the department. There will be no probable economic effect to either members
of the public or to those persons regulated by the department since the sections
do not require any compliance by either the public or regulated entities.
There will also be no effect on small and micro businesses for the same reason.
To be considered, written comments on the proposal must be submitted no
later than 5:00 p.m. on May 6, 2002 to Lynda H. Nesenholtz, General Counsel
and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box
149104, Austin, Texas 78714-9104. An additional copy of the comment must be
simultaneously submitted to Ann Bright, Section Chief, Agency Counsel Section,
Legal & Compliance, Mail Code 110-1A, Texas Department of Insurance, P.O.
Box 149104, Austin, Texas 78714-9104. A request for a public hearing should
be submitted separately to the Office of the Chief Clerk.
The new sections are proposed under Texas Government Code Chapter
559 and Insurance Code §36.001. Texas Government Code §559.003 requires
each state government body collecting information about an individual by means
of a form that the individual completes and files with the governmental body
in a paper format, or in an electronic format on an Internet site, to prominently
state on the paper form certain statutorily required statements relating to
the provision and correction of such information. Section 36.001 provides
that the Commissioner of Insurance may adopt rules to execute the duties and
functions of the Texas Department of Insurance as authorized by statute.
The following statutes are affected by this proposal: Texas Government
Code Chapter 559 and §§552.021 and 552.023.
§1.2801.Purpose and Applicability.
The purpose of these sections is to implement the state government
privacy policy requirements of Texas Government Code Chapter 559. This subchapter
only applies to forms adopted directly or by reference under this title, and
for which the department collects information about an individual by means
of a form that the individual completes and files with the department in a
paper format or in an electronic format including on the department's Internet
site.
§1.2802.Right To Be Informed About Information Collected.
It is the policy of the department that an individual is entitled to
be informed about information that the department collects about the individual
unless the department is allowed to withhold the information from the individual
pursuant to Government Code §552.023.
§1.2803.Notice About Certain Information Laws and Practices.
(a)
The following notice is hereby incorporated into all forms
adopted directly or by reference under this title and for which the department
collects information about an individual by means of a form that the individual
completes and files with the department in a paper format or in an electronic
format, including on the department's Internet site.
Figure: 28 TAC §1.2803(a)
(b)
The notice incorporated by subsection (a) of this section
shall be deemed incorporated into such forms as of the effective date of this
subchapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 25, 2002.
TRD-200201839
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: May 5, 2002
For further information, please call: (512) 463-6327