Part I.
Texas Department of Insurance
Chapter 5.
Property and Casualty Insurance
Subchapter E. Texas Catastrophe Property Insurance Association
Manual
28 TAC §5.4501
The Commissioner of Insurance, at a public hearing held on
November 26, 1996, under Docket Number 2269, at 9:00 a.m., in Room 100 of
the Texas Department of Insurance Building, 333 Guadalupe Street in Austin,
Texas, adopted with changes an amendment to 28 TAC §5.4501, concerning
the adoption by reference of a revised Texas Catastrophe Property Insurance
Association Manual (TCPIA Manual), containing rules governing the writing
of windstorm and hail insurance by the Texas Catastrophe Property Insurance
Association (TCPIA), pursuant to the Catastrophe Property Insurance Pool
Act (Insurance Code, Article 21.49). The Commissioner determined that the
effective date of the TCPIA Manual should be revised from December 1, 1996,
as had been set forth in the proposed text published in the October 18, 1996,
issue of the
Texas Register
(21 TexReg 10271),
to February 1, 1997.
The adoption by reference into 28 TAC §5.4501 of the TCPIA Manual
is necessary to incorporate rule amendments in the TCPIA Manual reflecting
adjustments to the maximum limits of liability for risks insured by the TCPIA.
Rule J, relating to Limits of Liability, in Section I--General Rules of the
TCPIA Manual, has been amended to reflect adjustments to the maximum limits
of liability applicable to risks being insured by the TCPIA. Pursuant to
Article 21.49 §8D(c), the Commissioner, as part of the annual residential
benchmark rate hearing, adjusted the liability limits for inflation, including
the statutory limits specified in subsection (a) of §8D, at a rate that
reflects any change in the BOECKH Index or other index that may accurately
reflect changes in the cost of construction or residential values in the
catastrophe area. Pursuant to these adjustments, which were reflected in
Commissioner's Order Number 96-0836 (July 29, 1996), the limits of liability
for TCPIA coverage have been increased by 2.9 percent on an annual basis
for dwellings and contents coverage, 2.2 percent on an annual basis for governmental
buildings and commercial buildings, and by 2.3 percent on an annual basis
for apartments, condominiums, and townhouses. These annual percentage increases
were applied to the maximum limits of liability effective August 1, 1995,
to derive the current maximum limits of liability, which became effective
October 1, 1996. Following the application of the annual percentage factors,
the resulting maximum limits of liability are rounded up to the nearest $1000
to produce the new applicable maximum limits of liability. The Commissioner
has determined that the originally proposed effective date of the TCPIA Manual,
of December 1, 1996, should be changed to February 1, 1997, because this
Order is being adopted and published after December 1, and the February 1
date will more closely coincide with the effective date of this amendment.
The amended 28 TAC §5.4501 adopts by reference the TCPIA Manual, which
contains rule amendments reflecting adjustments to the maximum limits of
liability for risks insured by the TCPIA. The rule amendments are contained
in Rule J, relating to Limits of Liability, in Section I--General Rules of
the TCPIA Manual. These new maximum limits of liability, as specified in
the amendments to Rule J, are $288,000 (changed from $279,000) for a dwelling
and its contents; $288,000 (changed from $279,000) for a townhouse unit and
its contents; $823,000 (changed from $804,000) per building for an apartment,
condominium or townhouse and the contents of the owner of the structure in
which the apartment, condominium or townhouse is located; $111,000 (changed
from $108,000) for individually owned contents in an apartment, residential
condominium or townhouse unit; $2,192,000 (changed from $2,144,000) for a
governmental building and its contents; and $1,108,000 (changed from $1,084,000)
for a commercial building and its contents. Pursuant to Commissioner's Order
Number 96-0836 the new maximum limits of liability are applicable on policies
effective on and after October 1, 1996.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to the Insurance Code, Articles
21.49 and 1.03A. Pursuant to Article 21.49 §8D(c), the Commissioner,
as part of the annual residential benchmark rate hearing, adjusts the liability
limits for inflation, including the statutory limits specified in subsection
(a) of §8D, at a rate that reflects any change in the BOECKH Index or
other index that may accurately reflect changes in the cost of construction
or residential values in the catastrophe area. Article 21.49, §5A authorizes
the Commissioner, after notice and hearing, to issue any orders which the
Commissioner considers necessary to carry out the purposes of Article 21.49,
including, but not limited to, maximum rates, competitive rates and policy
forms. Article 21.49, §8 authorizes the Commissioner to approve every
manual of classifications, rules, rates, rating plans, and every modification
of any of the foregoing for use by the TCPIA. Articles 21.49 §§5A,
8, and 8D, by their terms, delegate the foregoing authority to the State
Board of Insurance; however, under Article 1.02 of the Insurance Code, a
reference in the Insurance Code or another insurance law to the State Board
of Insurance means the Commissioner of Insurance or the Texas Department
of Insurance, as consistent with the respective powers and duties of the
Commissioner and the Department under Article 1.02. Article 1.03A authorizes
the Commissioner of Insurance to adopt rules and regulations, which must
be for general and uniform application, for the conduct and execution of
the duties and functions of the Texas Department of Insurance only as authorized
by a statute.
§5.4501.Rules and Regulations for the Texas Catastrophe Property Insurance Association (association).
The Texas Department of Insurance adopts by reference a rules manual
for the association as amended effective February 1, 1997. Copies of the
rules manual may be obtained by contacting the Property/Casualty Division,
Mail Code 104-2F, Texas Department of Insurance, 333 Guadalupe Street, P.O.
Box 149104, Austin, Texas, 78714-9104.
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 December 20, 1996.
TRD-9618565
Caroline Scott
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: February 1, 1997
Proposal publication date: October 18, 1996
For further information, please call: (512) 463-6327
Subchapter K. Agents and Adjusters Continuing Education Program
28 TAC §§19.1001-19.1013
Texas Department of Insurance adopts amendments to 28 TAC
§§19.1001 - 19.1004 and 19.1010 - 19.1013, and new §§19.1005
- 19.1009, concerning guidelines and standards for a continuing education
program for agents and adjusters. Sections 19.1003, 19.1005, 19.1006, and
19.1012 are adopted with changes to the proposed text as published in the
August 27, 1996, issue of the
Texas Register
(21 TexReg 8076). Sections 19.1001, 19.1002, 19.1004, 19.1007-19.1011 and
19.1013 are adopted without changes and will not be republished.
The amendments are necessary to ensure quality programs for licensees by
improving compliance with continuing education requirements for agents. The
agency has clarified §19.1003(d) which requires all agents to take at
least four hours of insurance regulation and ethics during either of the
next two licensing cycles based on comments. The agency has changed §19.1005(a)(7)
to delete the necessity of naming shareholders as part of the provider application
in response to comments. In response to comments the agency has added language
to §19.1006(g) to clarify how providers may advertise a course which
has been submitted but is not yet registered with the agency. The agency
has changed §19.1012(c) to clarify the type of information that is to
be provided in electronic format.
The title of the subchapter has been changed to more appropriately reflect
the content of the subchapter. Section 19.1001 adds language concerning the
severability of provisions in the subchapter. Section 19.1002 adds definitions
for the terms "assignee", "disinterested third party", "effective date",
"provider", "provider registration", and "TDI ID number" and amends the definition
of the term "licensee". Section 19.1003 adds language to require all agents
to take at least four hours of insurance regulation and ethics within the
first licensing cycle for new licensees and within either of the next two
licensing cycles for other licensees. Section 19.1004 adds language to the
provisions concerning exemption from the continuing education requirement.
The new language changes the calculation for credit hours for the final licensing
period to one hour for each whole month between the last renewal date and
the effective date of the exemption. Section 19.1004 also adds an exemption
for nonresident adjusters who have valid licenses from another state which
has substantially equivalent continuing education requirements for adjusters.
New §§19.1005 - 19.1009 replace existing §§19.1005 -
19.1009 which have been proposed for repeal elsewhere in this issue of the
§19.1003(d) A commenter is concerned that it may not be clear if licensees
must take the insurance regulation and ethics course once or twice within
the next two licensing cycles.
AGENCY RESPONSE: The agency agrees with the commenter that the subsection
is unclear and has clarified that a licensee may take the course within either
of the cycles. §19.1005(a)(7) A commenter maintains that naming shareholders
as part of the provider application would be a burden for publicly held corporations
with a large number of shareholders.
AGENCY RESPONSE: The agency agrees and has changed the paragraph to delete
the requirement of identifying shareholders. §19.1005(c) A commenter
inquires if a state legislator or Texas Workers Compensation employee would
qualify as an instructor in their respective areas.
AGENCY RESPONSE: The agency believes and intends that the term "recognized
professional" is an adequate descriptor that includes regulators and legislators.
§19.1006(d) A commenter feels it would be very difficult to supply a
detailed course outline before the course presentation date; and further,
suggests that variation from the submitted outline be allowed to account
for last minute court decisions and changes in statute following the legislative
session. This commenter also contends that outside presenters may be unable
to prepare a detailed outline as required by the rule as far in advance as
necessary to be in compliance. The commenter also believes that the term
"detailed" is vague.
AGENCY RESPONSE: The agency believes that provision of a detailed outline
is a reasonable requirement that represents the only way to ascertain content
of the course for reference and audit purposes and is necessary for the provider
to properly certify the content of the course. Also, a course outline must
be prepared by the provider to meet certain external constraints, such as
creating a descriptive advertisement, and determination of time needed to
cover the material adequately. An outline topic which lists "Recent Legal
Decisions" would adequately cover last minute court decisions which are not
known to the provider at the time of course submission. The agency agrees
with the commenter that insurance is a rapidly changing field. Department
records indicate that complete registration submissions are processed in
less than 15 days. The course application instructions provide an example
of the format and depth needed in the outline for the course, which is a
two level outline, with a third level only as needed for clarification.
§19.1006(g) A commenter inquired when a course is considered registered
and suggested that wording be included to prevent misleading advertising
that infers that an unregistered course has been registered.
AGENCY RESPONSE: The course is registered on the date the submission is
processed with a course number assigned. Notification of the registration
is mailed within one working day of the completion of the process. The agency
agrees that language should be included to prevent misleading advertising
and language has been included in this subsection for providers to use in
advertising courses which have been submitted but not yet registered.
A commenter feels that it may be advisable to allow a course to be registered
after it is presented.
AGENCY RESPONSE: The agency does not agree. The allowance of registration
after the fact defeats the ability of the department to perform audits as
described in (19.1012. The agency believes that it is appropriate to continue
to follow the current registration policy which has been in place since 1988.
§19.1006(h) A commenter argues that the two year life of the registration
will increase the paperwork of providers.
AGENCY RESPONSE: The agency does not agree that there will be more paperwork,
since this requirement has been in force since July, 1994. The subsection
continues the requirement of a review of the course every two years and clarifies
that registrations are valid for two years. This has been the agency's position
since 1994 when the requirement went into effect. A renewal or re-registration
of a course is done with a single form. All course documents mentioned in
these rules are documents that are already required to be maintained by the
provider at this time. The two year life gives the agency clear evidence
that a course has been kept up to date and allows the department to eliminate
any inactive course listings from the lists it furnishes to the insurance
licensees of Texas.
§19.1008(6) A commenter suggests allowing instructors course credit
hours in excess of the hours approved for the licensees attending the class,
for preparation of the course.
AGENCY RESPONSE: The agency will take the suggestion under consideration
and commits to doing a survey of instructors and other state's insurance
departments. This survey may provide information for a possible policy change
and a change in these provisions. The agency does not believe that the change
is appropriate at this time since it would result in a substantial change
in the manner in which the agency administers credit for continuing education.
§19.1012(c) A commenter inquires what "course data" must be maintained
in an electronic format, and is concerned about the specific format and the
time allowed to accomplish this change.
AGENCY RESPONSE: By the term "course data," the agency is referring to
course completion data. The language has been changed to reflect this. Such
an enhancement to our current agent monitoring procedure would require at
least six months notice to the providers of continuing education courses
and would be compatible with a DOS based personal computer.
§19.1012 (f) A commenter inquired if the provider would be able to
charge a registration fee to a department auditor.
AGENCY RESPONSE: Typically, department CE auditors arrive at a course location
unannounced, and identify themselves to the provider. In that case, course
materials are not used and the auditor observes only. However, this subsection
allows an auditor to enroll (pay fees) and take courses without identifying
themselves as auditors. Typically the provider will not know of this until
after the fact.
§19.1013(a) A commenter inquires what "administrative penalties" may
be assessed against a licensee.
AGENCY RESPONSE: Administrative penalties are defined in the Insurance
Code, Art. 1.10E and the type of penalties are set forth in section 3 of
this article. The type of administrative penalty which may be assessed against
a licensee is determined by numerous factors.
A commenter desires that a way be provided that the provider can notify
the department on the course application that the course can be discontinued
after a single presentation.
AGENCY RESPONSE: The agency agrees and has revised the course application
form to include this option.
Texas Association of Insurance Agents and Hammerman & Gainer commented
in favor of adoption of the rules. Farmers Insurance Group of Companies commented
against adoption of the rules.
The sections are adopted pursuant to the Insurance Code, Articles
21.07-1, 21.07-3, 21.07-4, 21.14, and 1.03A. The Insurance Code, Articles
21.07-1, §3A, 21.07-3, §6A, 21.07-4, §7A and 21.14, §§5b
and 5d authorize the department to adopt a procedure for establishing guidelines
for continuing education programs for agents and adjusters. Insurance Code,
Article 1.03A provides that the Commissioner of Insurance may adopt rules
and regulations to execute the duties and functions of the Texas Department
of Insurance only as authorized by a statute. The Government Code, §§2001.004
et seq. authorize and require each state agency to adopt rules of practice
setting forth the nature and requirements of available procedures and to
prescribe the procedures for adoption of rules by a state agency.
§19.1003.Applicability of Requirements.
(a)
Agents licensed under the Insurance Code, Articles 21.07-1,
21.07-3, and 21.14 shall complete 30 hours of continuing education within
each reporting period, unless otherwise exempt.
(b)
An agent licensed under more than one article of the Insurance
Code, Articles 21.07-1, 21.07-3 and 21.14 may elect to satisfy the continuing
education requirements of any one of the articles and shall not be required
to complete more than 30 hours within each reporting period.
(c)
All agents subject to these sections, other than local
recording agents identified in subsection (g) of this section, shall take
at least four hours of registered courses in insurance regulation and ethics
within the first licensing cycle for new licenses and reinstated licenses.
(d)
All agents subject to these sections shall take at least
four hours of registered courses in insurance regulation and ethics within
either of the next two licensing cycles, beginning with the first licensing
cycle after the effective date of these sections.
(e)
Adjusters licensed under the Insurance Code, Article 21.07-4
shall complete 30 hours of continuing education within each reporting period.
Four of the 30 hours must be in registered consumer protection courses.
(f)
Agents and adjusters holding a license subject to continuing
education which is prorated to coincide with the renewal of another license
shall complete continuing education on a prorated schedule. The credit hours
required shall be based upon the licensing period from the issue date of
the license to the prorated renewal date of the license at the rate of one
hour for each whole month between the last renewal date and the prorated
renewal date.
(g)
An agent holding only a temporary local recording agent
license under Article 21.14 shall be required to complete only four hours
of registered insurance regulation and ethics instruction for the first reporting
period after receiving the permanent local recording agent license. After
the first renewal, the local recording agent is subject to the full continuing
education requirement.
§19.1005.Provider and Instructor Criteria.
(a)
A provider seeking initial registration or subsequent application
for registration from the department as a continuing education provider shall
submit an application on forms provided by the department. The department
may require the following items in order to approve or disapprove a provider's
request for registration:
(1)
A description of the experience and education that the
applicant believes qualifies the applicant to be a provider;
(2)
A description of the provider's organizational structure,
registration policies, fee schedules, and promotional materials;
(3)
A description of the provider's student record system
including a description of the methods for documenting attendance;
(4)
The method used by the provider for evaluating instructors;
(5)
An original signature of the person(s) authorized
to sign certificates of completion;
(6)
A certificate format that the provider proposes to
use which is in compliance with §19.1006(d)(4) of this subchapter (relating
to Course Criteria);
(7)
If provider is a corporation, partnership, limited
liability company or other legal entity not otherwise regulated by the department,
the names of the officers and directors if a corporation, the partners if
a partnership, or the officers, managers and members if a limited liability
company;
(8)
If provider is a corporation or limited liability
company, a current Franchise Tax Certificate of Good Standing;
(9)
A description of provider's history, including whether
provider has provided continuing education courses under any other name and
whether provider has ever had continuing education approval revoked in Texas
or any other state; and
(10)
Other information as specified by the department.
(b)
In order to be approved, continuing education providers
shall submit all requests for course certification in the manner prescribed
by the department.
(c)
Providers shall certify that course instructors will be
experienced and qualified in the subject to be taught, and certify that the
course instructors meet at least one of the following instructor criteria:
(1)
Instructor is and has been in the practice of teaching
insurance courses for at least the last three years and has the knowledge
and experience in the subject the instructor will teach;
(2)
Instructor is and has been properly licensed as a
licensee subject to continuing education under this act for at least five
years;
(3)
Instructor is the holder of a professional designation
recognized by the department which relates directly to the subject the instructor
will teach; or
(4)
Instructor is or has been engaged in a recognized
profession that is pertinent to the subject areas to be taught, including,
but not limited to: licensed or certified medical professionals, Certified
Public Accountants, and members of a state bar.
(d)
Providers and instructors must certify that they will comply
with all provider and course requirements as outlined in these sections.
(e)
All providers' registrations are valid for two years. Providers
that are already registered upon the effective date of these sections shall
provide the required registration information at the request of the department,
or no later than the second anniversary of the current provider registration.
§19.1006.Course Criteria.
(a)
To be registered, a course must be designed to increase
the licensee's professional competence.
(b)
The course content shall be designed to enhance the knowledge
and understanding of one or more of the following: insurance principles and
coverages; applicable laws, rules and regulations; recent and prospective
changes in coverages; law and the duties and responsibilities of the licensee;
consumer protection; or insurance ethics. The course content may also include
courses on management of the licensee's insurance business. These courses
on management shall include those subjects specific to the business of insurance
agency management, specific company policy provisions which cover technical
aspects of the policies, or underwriting rules and standards. The course
content for consumer protection shall include:
(1)
Article 21.21, Insurance Code;
(2)
The Unauthorized Insurers False Advertising Process
Act, (Article 21.21-1, Insurance Code);
(3)
The Unfair Claim Settlement Practices Act (Article
21.21-2, Insurance Code),
(4)
The Deceptive Trade Practices-Consumer Protection
Act (Subchapter E, Chapter 17, Business and Commerce Code); or
(5)
Analogous laws as specified by the department.
(c)
Meetings held in conjunction with the regular business
of the licensee, or training relating to the marketing and business practices
of a specific company, and those portions of the course content set forth
in paragraphs (1) - (3) of this subsection shall not be considered applicable
to continuing education requirements for insurance agents and adjusters:
(1)
Course content teaching general accounting, speed reading
or other general business skills or computer use, or computer software application
use.
(2)
Course content teaching motivation, goal-setting,
time management, communication, sales or marketing skills.
(3)
Course content providing for pre-licensing training
or qualifying examination preparation.
(d)
The items listed in paragraphs (1) - (6) of this subsection
must be maintained by the provider and must be furnished with the course
application, if requested by the department. Courses will not be reviewed
unless a complete application and all of the requested items have been provided
to the department. The application and items listed in paragraphs (1) - (6)
of this subsection shall be maintained by the provider for four years; may
be subject to random review by the department; and shall be provided to the
department upon request.
(1)
A certification by the provider that the course meets the
minimum requirements as defined in these sections.
(2)
The specific learning objectives. The learning objectives
are the desired outcomes for the learning process and identify the knowledge,
skills, or abilities the licensee is expected to obtain.
(3)
A detailed course content outline.
(4)
A table of contents for correspondence courses.
(5)
The method of evaluation by which the provider measures
how effectively the course meets its objectives and provides for student
input.
(6)
A sample of the certificate of completion which will
be used when licensees successfully complete the registered course for approval
by the department. The certificate of completion must be similar to the sample
provided by the department and must contain, at a minimum, the following
information: provider name and number, assignee name and number (if applicable),
course name, course effective date, TDI course number(s), number of credit
hours in each applicable category (adjuster, property and casualty, life,
accident and health, consumer protection or insurance regulation and ethics),
date of course completion, location of the class, TDI identification number
and name of licensee completing courses, signature of person authorized to
sign certificates and the date signed, and a certification by the licensee
of completion of the course and the date signed.
(e)
Credit will not be awarded to licensees for courses taken
or completed prior to the effective date assigned by the department or after
the expiration date of the registration.
(f)
The provider shall at its option indicate whether the course
is to be open to all licensees or will restrict enrollment to licensees of
its choice. Restricted enrollment courses will not be included on lists of
courses available to the public.
(g)
Providers may not advertise that their course has been
registered by the department until such time that they have received written
confirmation from the department of the registration of their course. Advertisements
that include references to course registration by the department must also
include the provider's name and TDI provider number. Advertisements may not
be misleading as to the content or requirements for successful completion.
Providers may advertise submitted courses as "Pending registration by the
Texas Department of Insurance".
(h)
All course registrations are valid for two years. Each
course shall be reviewed every two years by the provider and updated to remain
in compliance with this section (relating to Course Criteria) prior to re-submission
for registration. If more than 25% of the course is changed prior to the
course expiration date, or the change will affect the course content breakdown
as registered by the department, the department will consider the course
revised and the provider must resubmit the course to the department.
(i)
A course may be registered by the department, conditional
upon subsequent review, after all the following steps have been completed:
(1)
The provider is registered in accordance with §19.1005
of this subchapter (relating to Provider and Instructor Criteria).
(2)
The provider has submitted all items required by the
department for course registration in accordance with this subchapter.
(3)
The content of the course meets the requirements identified
in this subchapter.
(j)
Courses that the department does not register due to content
shall not be considered for credit and cannot be used by licensees for continuing
education credit.
(k)
If a course is not registered by the department, the provider
may request re-evaluation, supplying specifics on how each portion of the
course meets the minimum requirements for registration. If the course is
presented during the department's re-evaluation, credit will not be authorized.
§19.1012.Provider Compliance.
(a)
All continuing education records, rosters, and course materials,
including final examinations, of providers shall be maintained for at least
four years and are subject to review by the department at any time.
(b)
Providers shall notify the department when a course is
discontinued or no longer active, and when there is a change to the provider's
information of record.
(c)
At the department's request, providers shall furnish course
completion information in an acceptable electronic format.
(d)
If continuing education records are audited or reviewed
and the validity or completeness of the records are questioned, the provider
shall have 30 days from the date of notice to correct discrepancies or submit
new documentation. Should the provider fail to satisfactorily remedy the
discrepancy within 30 days, the department shall automatically cancel the
course registration effective the 31st day from the date of the notice and
will suspend the provider's future registration status until such time as
the discrepancy is resolved.
(e)
Registration of providers is conditioned upon the provider's
compliance with these provisions. Repeated non-compliance with this subchapter
may be considered grounds for non-renewal of a provider's registration. For
providers who fail to comply with this subchapter, the department may remove
the certification of courses and restrict a provider's ability to provide
continuing education courses for up to one year.
(f)
The department may conduct audits of any certified course
without prior notice to the provider. Department staff, or the department's
representative or designee, may enroll and take courses without identifying
themselves as employees or representatives of the department.
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 December 20, 1996.
TRD-9618570
Caroline Scott
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: January 10, 1997
Proposal publication date: August 27, 1996
For further information, please call: (512) 463-6327
28 TAC §§19.1005-19.1009
The Texas Department of Insurance adopts the repeal of §§19.1005-19.1009,
concerning minimum standards for continuing education courses for agents
and adjusters. The repeal of these sections is adopted without changes to
the proposed text published in the August 27, 1996, issue of the
Texas Register
(21 TexReg 8083).
The repeals are necessary so that new sections may be added describing
provider and instructor criteria and establishing procedures for providers
when applying for registration with the department and certifying course
instructors. Other sections have been clarified and updated and are being
simultaneously adopted and appear elsewhere in this issue of the
Texas Register
.
The repeal of these sections enables the Commissioner to adopt new §§19.1005-19.1009,
concerning the continuing education program for agents and adjusters.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to the Insurance Code, Articles
21.07-1, 21.07-3, 21.07-4, 21.14, and 1.03A. The Insurance Code, Articles
21.07-1, §3A, 21.07-3, §6A, 21.07-4, §7A and 21.14, §§5b
and 5d authorize the department to adopt a procedure for establishing guidelines
for continuing education programs for agents and adjusters. Insurance Code,
Article 1.03A provides that the Commissioner of Insurance may adopt rules
and regulations to execute the duties and functions of the Texas Department
of Insurance only as authorized by a statute. The Government Code, §§2001.004
et seq. authorize and require each state agency to adopt rules of practice
setting forth the nature and requirements of available procedures and to
prescribe the procedures for adoption of rules by a state agency.
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 December 20, 1996.
TRD-9618566
Caroline Scott
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: January 10, 1997
Proposal publication date: August 27, 1996
For further information, please call: (512) 463-6327
Subchapter H. Unfair Discrimination
Chapter 19.
Agents Licensing
Subchapter K. Agents and Adjusters Guidelines for Minimum Standards for Continuing Education Courses
Chapter 21.
Trade Practices