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. PROPOSED The Commissioner of Insurance, at a public hearing under Docket Number 2291 scheduled for June 3, 1997 at 10:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition (captioned "Second Petition...") seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0497-11-I) was filed on April 22, 1997. 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 1997 model 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-0497-11-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, 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 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). Issued in Austin, Texas, on April 25, 1997. TRD-9705559 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: April 25, 1997 The Commissioner of Insurance, at a public hearing under Docket Number 2292 scheduled for June 3, 1997 at 10:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition (captioned "Third Petition...") seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0497-12-I) was filed on April 22, 1997. 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 1997 model 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-0497-12-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, 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 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). Issued in Austin, Texas, on April 25, 1997. TRD-9705558 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: April 25, 1997 ADOPTED The Commissioner of Insurance has adopted five amendments to the Texas Residential Property Statistical Plan ("the Plan"). The amendments were proposed by Department staff in a petition filed on February 10, 1997. Notice of the proposal (Reference Number P-0297-04-1) was published in the February 21, 1997 issue of the Texas Register (22 TexReg 1918). The amendments were considered at a public hearing held on March 26, 1997 at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas. The Commissioner adopted the five amendments to the Plan as proposed by staff with no changes. The adopted amendments are: (1) an amendment which adds a field for the Insurance Services Office (ISO) Public Protection Classification to a) Section B, Coding Section Premium and Losses, Subsection 9, b) Residential Coding Guidelines for Premiums, and c) Residential Coding Guidelines for Losses of the Plan; (2) an amendment which adds a field for the residential sprinkler premium credit to a) Residential Coding Guidelines for Premiums, b) Farm and Ranch Coding Guidelines for Premiums c) Residential Coding Guidelines for Losses, and d) Farm and Ranch Coding Guidelines for Losses of the Plan; (3) an amendment which adds additional codes for capturing information on the new Property Protection Plan endorsements to: a) Section B, Coding Section Premium and Losses, Subsections 4 and 19, b) Residential Coding Guidelines for Premiums, c) Farm and Ranch Coding Guidelines for Premiums, d) Residential Coding Guidelines for Losses, and e) Farm and Ranch Coding Guidelines for Losses of the Plan; (4) an amendment which adds additional codes to capture information on the new individual optional credits to a) Section B, Coding Section Premium and Losses, Subsection 19, b) Residential Coding Guidelines for Premiums, and c) Farm and Ranch Coding Guidelines for Premiums of the Plan; and (5) an amendment which eliminates the field for capturing claim information on the name and addresses of those experiencing a fire loss in the Residential Coding Guidelines for Losses. The Commissioner has determined that the addition of the field capturing the ISO Public Protection Classification is necessary to rate residential risks and to price adjustments to fire suppression rating relativities based on loss experience. The Commissioner has further determined that the new field for the residential sprinkler premium credit added to the Plan is necessary to capture information for calculating adjustments to the premium credit based on loss experience. The Commissioner has also determined that revision of the Plan for this purpose is part of the Department's legislative implementation plan. The Commissioner has further determined that new codes are necessary for capturing information on the individual endorsements for 1) accidental discharge, leakage, or overflow of water or steam, freezing of plumbing, heating, air conditioning systems, and household appliances; 2) collapse of building, breakage of glass, and falling objects; and 3) theft. The Commissioner has further determined that the additional information is necessary for pricing adjustments to these promulgated endorsements based on loss experience. The Commissioner further determined that the addition of new codes to capture information on the individual optional credits for dry hydrants is necessary to determine the extent of their use in the residential market and the amount of the credit offered. The Commissioner has further determined that the elimination of the field for collection of fire record information from the Plan is necessary because this information was used by the Department to determine fire record credits for cities and towns and the Department no longer performs this function. Elimination of the field will reduce storage costs for the Department. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.25, 5.28, 5.96, and 21.69. The amendments to the Plan are on file in the Chief Clerk's Office of the Texas Department of Insurance under Reference Number P-0297-04-1 and are incorporated by reference into Commissioner Order Number 97-0393. The notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Consistent with the Insurance Code, Article 5.96(h), prior to the effective date of this action, the Texas Department of Insurance will notify all insurers affected by this action. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the amendments to the Texas Residential Property Statistical Plan are adopted. IT IS FURTHER ORDERED that the effective date of the amendments is July 1, 1997. This agency hereby certifies that the amendments to the Plan have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 24, 1997. TRD-9705511 Robert R. Carter, Jr. General Counsel Texas Department of Insurance Effective date: July 1, 1997 Proposal publication date: February 21, 1997 For further information, please call: (512) 463-6327