Part 1.
TEXAS DEPARTMENT OF INSURANCE
Chapter 5.
PROPERTY AND CASUALTY INSURANCE
Subchapter E. TEXAS WINDSTORM INSURANCE ASSOCIATION
The Commissioner of Insurance adopts amendments to §5.4501 concerning
the adoption by reference of the rules manual (Manual) governing the writing
of windstorm and hail insurance coverage by the Texas Windstorm Insurance
Association (Association or TWIA) and to §5.4700, concerning rate reductions
applicable to windstorm and hail insurance policies issued by the Association.
The sections are adopted without changes to the proposed text as published
in the May 23, 2003, issue of the
Texas Register
(28 TexReg 4066) and will not be republished.
Insurance Code Article 21.49, §8E requires the commissioner to determine
the percentage of equitable across-the-board reductions in insurance rates
for policies or coverages that are issued by the Association to cover new
residential construction, excluding additions or repairs to existing structures,
built to the standards of a new building code. Pursuant to §8E, the commissioner
is to determine these percentage reductions by not later than the 180th day
after the date a new building code is implemented, and if the percentage reductions
have not been determined by the 180th day, §8E(d) requires a six percent
across-the-board reduction. The amendments to §5.4700 are necessary to
specify the percentage rate reductions required by §8E as a result of
the adoption of a new building code, the 2000 International Residential Code
as revised by the Texas Revisions to the International Residential Code (IRC),
effective February 1, 2003. The 2000 International Building Code, as revised
by the Texas Revisions to the International Building Code (IBC), effective
February 1, 2003, is also included since some residential construction may
be certified using this code (the IBC indicates that residential construction
shall comply with the IRC). In addition, the amendments are necessary to provide
rate reductions for new residential construction, excluding additions or repairs
to existing structures, that have been built to a higher standard of construction
than that required by the new building code, and to provide rate reductions
for residential structures constructed prior to February 1, 2003, which are
retro-fitted with exterior opening protection that meets the windborne debris
impact-resisting standards of the new building code as revised by the Texas
Revisions. The Association petitioned the department (Ref. No. P-0403-10,
file-stamped by the Chief Clerk on April 15, 2003), to consider the submission
of its methodology for the proposed rate reductions based on the IRC and to
propose a change to the page in the Manual indicating the rate reductions.
The Association's methodology is based on the department's analysis used to
calculate the credits for the 1998 TWIA Building Code for Windstorm Resistant
Construction, effective September 1, 1998, and review of the potential impact
of the IRC. The estimation of savings in the calculation of indicated rate
reductions is based on damage ratios for structures and for contents under
the IRC and the previous building codes given various severities of storms
(categories one through five on the Saffir-Simpson scale). The analyses are
based on engineering studies performed by Texas A&M University, and are
contained in the publication "Cost-effectiveness of the New Building Code
for Windstorm Resistant Construction Along the Texas Coast, Final Report"
by N. Stubbs, et al. The damage ratios, separately for structures and contents,
are weighted by the anticipated distributions of storms by Saffir-Simpson
category to obtain estimated overall damage ratios under the new and previous
codes. The adopted amendments to the TWIA Manual, which governs the writing
of new policy forms and endorsements by the Association, are necessary to
reflect the rate reductions that conform to the amendments to §5.4700.
The adopted amendment to §5.4501 is necessary to add an effective date
for the adoption by reference of the amended Manual.
The adopted amendments to §5.4700 conform the section to include the
IRC and IBC, specify the percentage rate reductions, and provide an effective
date of July 31, 2003. Section III, Subsection C, Item 3, Mandatory Building
Code Credits, in the Manual is amended to reflect the dwelling and personal
property rate reductions for the seaward, Inland I, and Inland II areas and
the mandatory credits for exterior openings based on compliance with the IRC/IBC.
The adopted amendment to §5.4501 adds an effective date of July 31, 2003,
for the adoption by reference of the amended Manual.
Comment: One commenter stated the belief that Article 21.49, §8E,
Insurance Code was intended only for the implementation of the TWIA Building
Code for Windstorm Resistant Construction and not for new codes in general,
but recognized that legally the wording of §8E was clear and is still
part of the statute. The commenter stated the intention to initiate efforts
to repeal §8E. This commenter also stated the belief that the current
TWIA rates are inadequate particularly in view of reinsurance costs and increase
in exposure.
Agency Response: The department disagrees. The unambiguous wording of Article
21.49, §8E, which refers to a "new building code" as defined in §3(o),
is not limited to the TWIA Building Code for Windstorm Resistant Construction
initially adopted by the commissioner in 1997. Additionally, the methodology
presented by the Texas Windstorm Insurance Association supported the rate
reductions as petitioned to the department, and the rationale of §8E
is sound to the extent that rate reductions should encourage the building
of residential structures that are safer and less susceptible to wind damage
from hurricanes and thereby not only reduce the cost of insurance but also
mitigate property damage and loss of life. Mitigating damage to insured property
built to the IRC/IBC standards should also reduce the amount of insured losses
of the Association in the event of a hurricane. The department would further
note that it considers changing conditions regarding reinsurance and increase
in exposure in reviewing rate filings.
For (Not opposed): Texas Windstorm Insurance Association.
6.
MANUAL
28 TAC §5.4501
The amended section is adopted under the Insurance Code Article
21.49 and §36.001. Article 21.49, §8E requires the commissioner
to determine the percentage of equitable across-the-board reductions in insurance
rates for policies or coverages that are issued by the Association to cover
new residential construction, excluding additions or repairs to existing structures,
built to the standards of a new building code. Article 21.49 §8 authorizes
the Commissioner of Insurance to approve, modify, or disapprove every manual
of classification, rules, rates, rating plans, and every modification of any
of the foregoing used by the Association. Article 21.49 §5A authorizes
the Commissioner of Insurance to issue after notice and hearing, any orders
which are considered necessary to carry out the purposes of Article 21.49
including, but not limited to, maximum rates, competitive rates, and policy
forms. Section 36.001 provides that the Commissioner of Insurance may adopt
any rules necessary and appropriate to implement the powers and duties of
the Texas Department of Insurance under the Insurance Code and other laws
of this state.
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 June 30, 2003.
TRD-200304007
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: July 31, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 463-6327
28 TAC §5.4700
The amended section is adopted under the Insurance Code Article
21.49 and §36.001. Article 21.49, §8E requires the commissioner
to determine the percentage of equitable across-the-board reductions in insurance
rates for policies or coverages that are issued by the Association to cover
new residential construction, excluding additions or repairs to existing structures,
built to the standards of a new building code. Article 21.49 §8 authorizes
the Commissioner of Insurance to approve, modify, or disapprove every manual
of classification, rules, rates, rating plans, and every modification of any
of the foregoing used by the Association. Article 21.49 §5A authorizes
the Commissioner of Insurance to issue after notice and hearing, any orders
which are considered necessary to carry out the purposes of Article 21.49
including, but not limited to, maximum rates, competitive rates, and policy
forms. Section 36.001 provides that the Commissioner of Insurance may adopt
any rules necessary and appropriate to implement the powers and duties of
the Texas Department of Insurance under the Insurance Code and other laws
of this state.
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 June 30, 2003.
TRD-200304008
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: July 31, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 463-6327
7.
INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE
28 TAC §5.4605
The Commissioner of Insurance adopts new §5.4605 concerning
items not requiring an inspection for the purposes of windstorm and hail insurance
coverage through the Texas Windstorm Insurance Association (Association or
TWIA). The section is adopted without changes to the proposed text as published
in the May 23, 2003, issue of the
Texas Register
(28 TexReg 4070) and will not be republished.
Insurance Code, Article 21.49, §6A provides that all structures that
are constructed or repaired or to which additions are made on or after January
1, 1988, to be considered insurable property for windstorm and hail insurance
from the Association, must be inspected or approved by the department for
compliance with the plan of operation. Over the course of development of the
inspections program, the department has listed certain items not requiring
an inspection for purposes of windstorm and hail insurance coverage in its
windstorm inspection manual and as modified and incorporated into the TWIA
Building Code for Windstorm Resistant Construction. Effective February 1,
2003, the Commissioner adopted the 2000 International Residential Code and
the 2000 International Building Code, as revised by the Texas Revisions to
the International Residential Code and the Texas Revisions to the International
Building Code, as the applicable building code standards in designated catastrophe
areas for structures constructed, repaired or to which additions are made
on and after February 1, 2003. New §5.4605 is adopted to provide a uniform
listing of items not requiring inspection that will be applicable to all the
codes and standards for the various periods of construction, to provide for
repairs, replacements, or procedures with like kind and quality materials,
fasteners, and craftsmanship, and to add certain items to the list, such as
replacement of windows or glass doors when less than 10% of the surface area
of a structure is involved so as to allow for cost-effective repairs or replacement
when a small percentage of the surface area is affected.
New §5.4605 sets forth the items not requiring inspection that will
be applicable to all the codes and standards for the various periods of construction
and provides for repairs, replacements, or procedures with like kind and quality
materials, fasteners, and craftsmanship. The new section also adds items such
as replacement of glass in windows or glass doors or replacement of exterior
doors not involving the frames provided that the area is less than 10% of
the surface area of the affected side of the structure, and replacement of
exterior siding provided that the area is less than 10% of the surface area
of the affected side of the structure.
Comment: One commenter stated support for the proposal.
Agency Response: The department appreciates the support.
For: Galveston Windstorm Action Committee, Inc.
The new section is adopted under the Insurance Code Article 21.49
and §36.001. Article 21.49, §6A provides that all structures that
are constructed or repaired or to which additions are made on or after January
1, 1988, to be considered insurable property for windstorm and hail insurance
from the Association, must be inspected or approved by the department for
compliance with the plan of operation. Section 36.001 provides that the Commissioner
of Insurance may adopt any rules necessary and appropriate to implement the
powers and duties of the Texas Department of Insurance under the Insurance
Code and other laws of this state.
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 June 30, 2003.
TRD-200304009
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: July 20, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 463-6327
Subchapter B. SURPLUS LINES STAMPING OFFICE OF TEXAS
8.
RATES
Subchapter E. TEXAS WINDSTORM INSURANCE ASSOCIATION
Chapter 15.
SURPLUS LINES INSURANCE