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 ADOPTED ACTION The Commissioner of Insurance has adopted the repeal of 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 Number 60152. The repeal of these mandatory endorsement forms was proposed by department staff in a petition filed September 22, 1997. Notice of the proposal (Reference Number P-0997-29-I) was published in the October 3, 1997, issue of the Texas Register (22 TexReg 9901). The repeal of the mandatory endorsement forms was considered at a public hearing November 3, 1997, at 10:00 a.m., under Docket Number 2307, in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas. The Commissioner has adopted, without changes to the notice of proposed repeal published in the Texas Register, the repeal of 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, which 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 repeal results in no change to the Dwelling, Homeowners, Farm and Ranch, or Farm and Ranch Owners Sections of the Personal Lines Manual, because Board Order Number 60152, entered by the State Board of Insurance and dated January 22, 1993, was effectively enjoined prior to the March 1, 1993 effective date of endorsements originally adopted by the board. 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. The Commissioner has determined that because the department was enjoined by judicial order from implementing, enforcing or otherwise giving any effect to Board Order Number 60152, because the terms of the injunction remain in effect, and because the department does not intend to request or obtain a hearing concerning permanent injunction, the endorsements as originally adopted should be repealed. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35, 5.97, 5.101 and 5.96. The mandatory endorsement forms repealed by the Commissioner in this adoption are on file in the Office of the Chief Clerk of the Texas Department of Insurance under Reference Number P-0997-29-I) and are incorporated by reference by Commissioner's Order Number 97-1126 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. 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. 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 November 10, 1997. TRD-9715029 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: December 8, 1997 Proposal publication date: October 3, 1997 For further information, please call: (512) 463-6327 ADOPTED ACTION ADOPTION OF NEW AND/OR ADJUSTED 1996-97 MODEL PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE RATING SYMBOLS FOR THE TEXAS AUTOMOBILE RULES AND RATING MANUAL The Commissioner of Insurance, at a public hearing under Docket Number 2305 held at 10:00 a.m., November 3, 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). The amendments consist of new and/or adjusted 1996-97 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0997-27-I) was published in the September 26, 1997, issue of the Texas Register (22 TexReg 9701). 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 specified model years of the listed vehicles. The amendments as adopted by the Commissioner of Insurance are shown in an exhibit on file with the Chief Clerk under Reference Number A-0997-27-I, which is incorporated by reference into Commissioner's Order Number 97-1129. The Commissioner of Insurance has jurisdiction over this manner 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 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 November 10, 1997. TRD-9715184 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: January 20, 1998 Proposal publication date: September 26, 1997 For further information, please call: (512) 463-6327