28 TAC §§7.201 - 7.205, 7.209 - 7.213
The Commissioner of Insurance adopts amendments to §§7.201-7.205
and 7.209-7.213, concerning administrative regulation under the Insurance
Holding Company System Regulatory Act (Insurance Code Article 21.49-1). These
sections are adopted without changes to the proposed text as published in
the January 25, 2002, issue of the
Texas Register
(27 TexReg 565) and will not be republished.
The amendments are necessary to implement changes made to the Act by Senate
Bill 605, 77th Legislature, 2001, to improve the administrative efficiency
of the Texas Department of Insurance, and to promote compliance by entities
subject to the Act. Background checks will provide another tool for the department,
in its efforts to protect policyholders by identifying persons who have a
criminal background, so that the department can consider the potential for
problems such as illegal use of company funds, non-compliance with federal
statutes and fitness and competency of management. Additionally, the requirement
for background checks is consistent with other states whose statutes or regulations
require fingerprints. Also, the amendments are necessary to correct citations
to the Insurance Code, reflect division name changes within the Texas Department
of Insurance, accurately reflect technical corrections to forms and delete
duplicative language.
The amendments to §§7.201(a)(1), 7.202(b)(1), 7.203(n), 7.209(d),
and 7.210(e) reflect a change in name of the division within the Financial
Program which handles holding company transactions; the name change is from
Financial Monitoring to Financial Analysis and Examinations. The amendments
to §§7.201(b)(1) and 7.209(m)(4) remove the reference to the previous
State Board of Insurance which no longer exists. The amendment to §7.202(a)(4)
adds the commissioner's senior associates within the definition of "commissioner."
Amendments to §7.203(g), (h), (n), §7.204(d)(1), §7.205(m)
and (n) correct citations which have changed as a result of recodification
of the Insurance Code. The amendments to §7.203(n) clarify that notices
of ordinary dividends can be provided by facsimile; clarify that ordinary
dividends can be paid after ten calendar days notice to the commissioner;
and adopt a revised Form HCDividend (Rev. 01/2002). Section 7.204(a)(2)(G)
is amended to provide for the filing of notice of the participation in an
investment pool by a property and casualty insurer, and the remaining subparagraph
is relettered. The amendment to §7.204(b) clarifies that transactions
with affiliates are subject to receipt of the applicable filing fee by the
commissioner and provides that contracts, agreements, or memoranda of understanding
must provide for settlement within 90 days. The amendment to §7.204(e)
removes a reference to a previously repealed section. The amendments to §7.205
clarify that all acquisitions and changes of control are subject to the Act, §5(a)
and implement Senate Bill 605 by deleting language repealed by that bill.
The amendments to §7.205(f) provide for a denial of an acquisition or
change of control by the commissioner. The amendments to §7.209(a) are
made for consistency with §7.205(a) and to change the year as a result
of the change in the century. The amendments to §7.209(d) provide for
certain persons in an acquisition or change of control to provide fingerprint
cards to the commissioner. The amendment to §7.209(d)(2) is necessary
to facilitate background checks on individuals associated with an applicant
in the acquisition or change of control of a domestic insurer through the
Federal Bureau of Investigation and the Texas Department of Public Safety.
The amendment to §7.209(f)(3) adds a provision that requires disclosure
of plans for changes in the privacy policies and procedures of a domestic
insurer and provides for an affirmative statement by the acquiring party of
the domestic insurer's compliance with applicable statutes and regulations
regarding privacy. The amendments to §§7.209(n), 7.210(a) and (j),
and 7.213(a) and (i) correct references and change the year as a result of
the change of the century. The amendment to §7.210(f)(1) adds a new subparagraph
(C) that provides for disclosure of investment activities of an investment
pool and transactions between pools and participants and reletters the remaining
subparagraphs. The amendments to §7.211(a) and (f) and §7.212(a)
and (p) change the year as a result of the change in the century. Also, duplicative
language has been deleted. Form HCDividend, referenced under §7.203(n),
is amended to incorporate technical corrections to line numbers as a result
of changes in the statutory annual statement blank and to reflect the name
of the Financial Analysis and Examinations Division. The biographical affidavit
form referenced under §7.201(a)(1) is amended to add a notice concerning
correction of information, as required by House Bill 1922, 77th Legislature,
2001. Form HCDividend is available by contacting the Financial Analysis and
Examinations Division, Mail Code 303-1A, Texas Department of Insurance, P.O.
Box 149099, 333 Guadalupe, Austin, Texas 78714-9099, or by calling (512) 322-5002,
or by fax to (512) 322-5082.
No comments were received.
The amendments are adopted under the Insurance Code Article 21.49-1
and Section 36.001. Article 21.49-1, §11 authorizes the Commissioner
of Insurance to issue such rules and orders as shall be consistent with and
shall carry out the provisions of the Insurance Holding Company System Regulatory
Act and to govern the conduct of its business and proceedings under the Act.
Section 36.001 authorizes the commissioner to adopt rules for the conduct
and execution of the duties and functions of the department.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 15, 2002.
TRD-200202319
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: May 5, 2002
Proposal publication date: January 25, 2002
For further information, please call: (512) 463-6327