Final Action on Rules
EXEMPT FILING NOTIFICATION COMMISSIONER’S ORDER NO. 06-0304 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
TO CLARIFY FOR WORKERS’ COMPENSATION PURPOSES "PARTNERS" INCLUDES GENERAL
PARTNERS AND LIMITED PARTNERS
The Commissioner of Insurance adopts amendments proposed by the staff of
the Workers’ Compensation Classification, Premium Calculation and Research
Division of the Property and Casualty Insurance program at the Texas Department
of Insurance (Department) to the Texas Basic Manual of Rules, Classifications
and Experience Rating Plan for Workers’ Compensation and Employers’
Liability Insurance (the Manual). The adopted amendments clarify that general
partners and limited partners are entitled to be covered under a workers’
compensation policy and that general partners and limited partners can be
excluded from coverage under a workers’ compensation policy if the policy
is endorsed accordingly. The adopted amendments also clarify the basis of
premium for each general partner and/or limited partner covered under the
workers’ compensation policy.
The Commissioner adopts the amendments as proposed in the staff’s
petition filed on February 14, 2006. Notice of the proposal (Ref. No.W-0206-02-I)
was published in the February 24, 2006 issue of the
Texas Register
(31 TexReg 1313). No hearing was requested on this matter.
The Department received no comments concerning the proposed amendments.
The adoption amends the Manual as follows:
1. Amends Rule V F.3.b., relating to Miscellaneous Values-Payroll Limitation,
to include clarifying language indicating that, for the purposes of this rule,
"partners" includes general partners and limited partners.
2. Amends Rule IX B., relating to Partners and Sole Proprietors, to include
clarifying language indicating that, for the purposes of this rule and the
endorsements used to implement this rule, "partners" includes general partners
and limited partners.
The adopted amendments are more particularly set forth in the applicable
portions of the Manual that are attached hereto and made a part hereof for
all purposes.
The Commissioner of Insurance has jurisdiction over this matter pursuant
to the Insurance Code, Article 5.96.
The amendments, as adopted by the Commissioner, are on file in the Chief
Clerk’s Office of the Texas Department of Insurance under Reference
No. W-0206-02-I and are incorporated by reference into Commissioner’s
Order No. 06-0304.
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).
IT IS THEREFORE THE ORDER of the Commissioner of Insurance that amendments
to the Texas Basic Manual of Rules, Classifications and Experience Rating
Plan for Workers’ Compensation and Employers’ Liability Insurance
as described herein and set forth in the exhibit attached to this Order, and
incorporated into this Order by reference, be adopted 15 days after notice
of adoption is published in the
Texas Register
.
TRD-200601888
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 29, 2006