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
PROPOSED ACTION
The Commissioner of Insurance, at a public hearing under Docket No. 2305 
scheduled for November 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 seeks amendment 
of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new 
and/or adjusted 1996-97 model Private Passenger Automobile Physical Damage 
Rating Symbols and revised identification information. Staff's petition (Ref. 
No. A-0997-27-I) was filed on September 19, 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 1996-97 model vehicles. 
A copy of the petition, including a 74-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 Angie Arizpe at (512) 463-6326; refer to (Ref. No. A-0997-27-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 September 19, 1997.
TRD-9712581
Lynda H. Nesenholtz
Assistant General Counsel
Texas Department of Insurance
Filed: September 22, 1997

PROPOSED ACTION
The Commissioner of Insurance, at a public hearing under Docket No. 2306 
scheduled for November 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 seeks amendment 
of the Texas Automobile Rules and Rating Manual (the Manual), to adopt a new 
Rule 17 to implement motor vehicle repair notice requirements of the Insurance 
Code, Article 5.07-1, as amended by House Bill 423 of the 75th Legislature. 
Staff's petition (Ref. No. A-0997-28-I) was filed on September 19, 1997.  
Staff proposes for the Manual a new Rule 17 to set forth how an insurer 
(including a person acting on behalf of an insurer) must give notice to a 
beneficiary or third-party claimant regarding motor vehicle repair rights under 
the Insurance Code, Article 5.07-1. The proposed rule requires the insurer to 
provide the notice to a beneficiary or third-party claimant. One requirement is 
for an insurer to give a copy of the prescribed notice to any claimant at the 
time the vehicle is presented to the insurer in connection with a claim for 
damage repair. If such a presentation is made, the notice must be given at that 
time. 
In order to further the goal that all claimants receive notice of their rights, 
the proposed rule alternatively provides that if the claim is made by means 
other than presentation of the vehicle to the insurer, then the insurer must 
mail the prescribed notice to any claimant who is not otherwise given the notice 
within three business days from the making of the claim. In such a case, the 
insurer must mail the notice within three business days of receiving notice of 
the claim by other means (such as in writing or by telephone), unless otherwise 
delivered within that time. 
If an insurer chooses to address the liability issue at the time of the claim 
filing, it may send or deliver its own letter along with the notice, which may 
include the Optional Provision shown in the rule. The notice must be on a 
separate page from any letter or other material, except as otherwise provided in 
the proposed rule. The proposed rule provides that the notice may be printed on 
the reverse side of a copy of the Insurance Code, Article 5.07-1, or it may be 
attached to such copy. The proposed rule is shown in the exhibit attached to 
Staff's petition. 
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 (Ref. No. A-0997-28-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 September 19, 1997.
TRD-9712582
Lynda H. Nesenholtz
Assistant General Counsel
Texas Department of Insurance
Filed: September 22, 1997