TEXAS DEPARTMENT OF INSURANCENotification Pursuant to the Insurance Code, Chapter 5, Subchapter LAs required by the Insurance Code, Article 5.96 and 5.97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the 10th day before the Board of Insurance adopts the proposal. The Administrative Procedure Act, the Government Code, Chapters 2001 and 2002, does not apply to board action under Articles 5.96 and 5.97. The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714- 9104.) This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code Chapter 5, Subchapter L, Article 5.96 PROPOSED The Commissioner of Insurance, at a public hearing under Docket Number 2253 scheduled for October 31, 1996 at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a petition filed by United Services Automobile Association (USAA). The USAA petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to amend Rate Section IV., Rule 77.A.3., Exception, by changing the rating factors for high value motorhomes. USAA's petition (Reference Number A-1295-42) was filed on December 8, 1995. USAA's petition explains that the exception set forth in the Manual's Rate Section IV., Rule 77.A.3. requires use of rating factors for motorhomes that result in premiums that make "no economic sense" in some instances. For example, the premium required for a $230,000 motorhome is much higher than the premium for a $350,000 motorhome, according to an exhibit attached to the petition. USAA asserts that for motorhomes valued at $420,000 or higher, "an insurer would have to pay an insured for the privilege of providing coverage" on the vehicle. USAA is concerned that because of today's availability of motorhomes valued well in excess of $200,000, some owners of high value motorhomes are probably having difficulty obtaining coverage in the regulated market. USAA's petition, specifically in Exhibit B, proposes a solution to the problem by capping the rate factor reduction at the stated amount value of $200,000 to "assure that increasing motorhome values above $90,000 will result in increasing-not decreasing-premiums." The petition's Exhibit B also shows proposed revisions to rating factors for motorhomes valued from $90,000 to $199,999. A copy of the petition containing 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 Angie Arizpe at (512) 463-6326; refer to (Reference Number A-1295-42). Written comments should be directed to 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 submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. 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). 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. Issued in Austin, Texas, on September 23, 1996. TRD-9613870 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: September 23, 1996 The Commissioner of Insurance, at a public hearing under Docket Number 2254 scheduled for October 31, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1995-1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0996- 37-I) was filed on September 19, 1996. 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 various model years of the listed vehicles. A copy of the petition containing 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 Angie Arizpe at (512) 463-6326; refer to (Reference Number A-0996-37-I). Written comments should be directed to 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 submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. 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). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 23, 1996. TRD-9613871 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: September 23, 1996 ADOPTED The Commissioner of Insurance, at a public hearing under Docket Number 2240, on August 26, 1996, held at 10:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted amendments to the revised Texas Residential Property Statistical Plan (the "Plan") as proposed by the staff of the Texas Department of Insurance ("TDI"). Staff's petition proposing the amendments was filed with the Chief Clerk on July 15, 1996, and notice of the filing was published in the July 23, 1996 issue of the Texas Register (21TexReg 6899). Staff requested consideration of five amendments to the Plan: (1) An amendment to note the designation of the Texas Insurance Checking Office (TICO) as the new statistical agent for residential property insurance in Texas and to indicate that transmittal forms which accompany data submissions must be submitted to TICO; (2) an amendment which deletes reporting requirements and instructions for the Foundation Exclusion endorsement and adds reporting requirements and instructions for the Tear Out endorsement; (3) an amendment which adds reporting requirements and instructions for the use of Property Protection Plan policy forms and endorsements; (4) an amendment which adds reporting requirements and instructions for the use of new large deductibles and; (5) an amendment to drop the term "revised" from the title of the revised Texas Residential Property Statistical Plan. The Commissioner adopted all of the amendments described previously at the August 26, 1996 public hearing. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96, 5.97, 5.25, 5.28, 5.98 and 21.69. Articles 5.96 and 5.97 authorize the filing of this petition. Articles 5.25, 5.28, 5.98 and 21.69 authorize the action requested by Staff. Article 5.25 authorizes the Commissioner to designate an agent to gather, audit, and compile experience of insurers writing fire and allied lines. Article 5.28 authorizes the Commissioner to gather data the Commissioner deems appropriate in determining reasonable and appropriate rates for fire and allied lines. Article 5.98 authorizes the Commissioner to adopt reasonable rules that are appropriate to accomplish the purposes of Chapter 5 of the Insurance Code. Article 21.69 authorizes the Commissioner to contract with or designate an entity to compile and maintain historical premium and loss data pursuant to statistical plans adopted by the Commissioner. The amendments as adopted by the commissioner are filed with the Chief Clerk under Reference Number P-0796-30-I and are incorporated by reference by Commissioner's Order Number 96-1075. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Consistent with the Texas Insurance Code, Article 5.96(h), prior to the effective date of this action, TDI will notify all insurers writing residential property insurance. 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. Issued in Austin, Texas, on September 19, 1996. TRD-9613756 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: October 17, 1996 For further information, please call: (512) 463-6327