Texas Department of Insurance
Proposed Action on Rules
EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER
L, ARTICLE 5.96
Notice is given that the Commissioner of Insurance will consider a proposal
made in a staff petition which seeks amendments of the Texas Automobile Rules
and Rating Manual (the Manual), to adopt new and/or adjusted 2003 and 2004
model Private Passenger Automobile Physical Damage Rating Symbols and revised
identification information. Staff's petition (Ref. No. A-0104-01-I), was filed
on January 20, 2004.
The new and/or adjusted symbols for the Manual's Symbols and Identification
Section reflect data compiled on damageability, repairability, and other relevant
loss factors for the listed 2003 and 2004 model vehicles.
A copy of the petition, including a 90-page exhibit 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 Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0104-01-I).
Comments on the proposed changes must be submitted in writing no later
than 5:00 p.m. on February 29, 2004 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 comments is to be simultaneously submitted to Marilyn
Hamilton, Associate Commissioner, Property and Casualty Program, Texas Department
of Insurance, P.O. Box 149104, MC 104-PC, Austin, Texas 78714-9104.
A public hearing on this matter will not be held unless a separate request
for a hearing is submitted to the Office of the Chief Clerk during the comment
period defined above.
This notification is made pursuant to Insurance Code Article 5.96, which
exempts it from the requirements of the Government Code, Chapter 2001 (Administrative
Procedure Act).
TRD-200400406
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 21, 2004
Effective date: February 14, 2004
EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER
L, ARTICLE 5.96 ADOPTION OF AMENDMENTS TO THE TEXAS BASIC MANUAL OF RULES,
CLASSIFICATIONS AND EXPERIENCE RATING PLAN FOR WORKERS’ COMPENSATION
AND EMPLOYERS’ LIABILITY INSURANCE
The Commissioner of Insurance adopted the amendments proposed by the Texas
Department of Insurance (TDI) staff in a petition filed on November 25, 2003.
Notice of the proposal (Reference No. W-1103-23-I) was published in the December
5, 2003, issue of the
Texas Register
(28 TexReg
10975). No hearing was requested on this matter. TDI received no comments
concerning the proposed amendments.
The Commissioner adopts the amendments proposed by staff. The purpose of
these amendments to Rule XVIII- Group Purchase of Workers’ Compensation
in the Texas Basic Manual of Rules, Classifications and Experience Rating
Plan for Workers’ Compensation and Employers’ Liability Insurance
(the Manual) is to implement Section 2 of HB 1865, which passed during the
78th Legislature. This bill amended Article 5.57A of the Texas Insurance Code
by expanding the definition of "group" to include two or more members of a
trade association of business entities that join together with the approval
of the Commissioner to purchase individual workers’ compensation insurance
policies covering each participating trade association member.
The adopted amendments to the Manual are on file in the Chief Clerk’s
Office of the Texas Department of Insurance under Reference No. W-1103-23-I
and are incorporation by reference into Commissioner’s Order No. 04-0043.
The staff requests that the proposed amendments to the Manual as proposed
herein be adopted effective 15 days after notice of adoption is published
in the
Texas Register
.
The Commissioner has jurisdiction of this matter pursuant to Articles 5.57A
and 5.96 of the Texas Insurance Code.
IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the amendments
proposed by staff to the Manual be and hereby are adopted.
IT IS FURTHER ORDERED that the proposed amendments to the Texas Basic Manual
of Rules, Classifications and Experience Rating Plan for Workers’ Compensation
and Employers’ Liability Insurance will go into effect 15 days after
notice of adoption is published in the
Texas Register
.
TRD-200400295
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 15, 2004
Final Action on Rules