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. 2307 scheduled for 10:00 a.m. on November 3, 1997, in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas, will consider a staff proposal to repeal Refusal to Renew Mandatory Endorsement HO- 100, Refusal to Renew Mandatory Endorsement TDP-026, Refusal to Renew Mandatory Endorsement TDP-027, Refusal to Renew Mandatory Endorsement TFR-086, Refusal to Renew Mandatory Endorsement TFR-087 and Refusal to Renew Mandatory Endorsement FRO-486 as adopted by the previous State Board of Insurance in Board Order No. 60152. The mandatory endorsements amending the Refusal to Renew provisions in the Texas Homeowners Policy, Texas Dwelling Policy, Texas Farm and Ranch Policy and Texas Farm and Ranch Owners Policy incorporated a prohibition of the refusal to renew a residential property policy because of the condition of the premises unless there was a change in the condition(s) of the premises, the insurer notified the insured of the condition(s) and the insurer provided the insured adequate time to correct the condition. The endorsements adopted by the State Board of Insurance amended the Refusal to Renew provisions in the above referenced policies to read as follows: We may not refuse to renew this policy based on the condition of the premises unless: (1) there is a change in the condition(s) of the premises, (2) we have notified you of the condition(s) which may result in our refusal to renew the policy, and (3) we have allowed you adequate time to remedy the condition(s). On February 26, 1993 a temporary injunction was issued by a Travis County District Court prohibiting the department from implementing or enforcing the endorsements as amended. The district court decision was upheld by the Third Austin Court of Appeals. A copy of the full text of the staff's proposal to repeal, filed September 22, 1997, 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 proposal, please contact Angie Arizpe at (512) 463-6326 (refer to Ref. No. P-0997-29-I). Comments on the proposed repeal 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 Lines, Texas Department of Insurance, P.O. Box 109104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Texas Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. 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 24, 1997. TRD-9712698 Carloine Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: September 24, 1997 Texas Department of Insurance ADOPTED ACTION The Commissioner of Insurance, at a public hearing under Docket No. 2300 held at 9:00 a.m., September 16, 1997 in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by staff to the Texas Automobile Rules and Rating Manual (the Manual) in a petition captioned "Second Petition...." The amendments consist of new and/or adjusted 1995-98 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0797-21-I) was published in the August 8, 1997 issue of the Texas Register (22 TexReg 7385). 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 1995-98 model years of the listed vehicles. The amendments as adopted by the Commissioner of Insurance are shown in a 98- page exhibit on file with the Chief Clerk under Ref. No. A-0797-21-I, which is incorporated by reference into Commissioner's Order No. 97-0950. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.10, 5.96, 5.98, and 5.101. 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). Consistent with the Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action. This agency hereby certifies that the amendments as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on September 24, 1997. TRD-9712703 Carloine Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: December 2, 1997 Proposal publication date: August 8, 1997 For further information, please call: (512) 463-6327