Texas Department of Insurance
Proposed Action
The Commissioner of Insurance, at a public hearing under Docket No. 2455
scheduled for September 19, 2000, 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 2000 and 2001 model Private Passenger Automobile
Physical Damage Rating Symbols and revised identification information. Staff's
petition (Ref. No. A-0700-18-I), was filed on July 28, 2000.
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 2000 and 2001 model vehicles.
A copy of the petition, including an 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 Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0700-18-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 Marilyn Hamilton, Deputy Commissioner, Personal
and Commercial Lines Division, Texas Department of Insurance, P. O. Box 149104,
MC 104-PC, 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).
TRD-200005364
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: August 1, 2000
Adoption Of Amendments To The Texas Automobile Rules And Rating Manual
To Allow Automobile Floor Plan Coverage To Be Written Optionally As Provided
By Rule 125 Or As Inland Marine Insurance
The Commissioner of Insurance adopts an amendment to the Texas Automobile
Rules and Rating Manual (Manual), section D of Rule 125, to allow automobile
floor plan coverage to be written optionally as provided by section D of Rule
125 or as inland marine insurance. The amendment was proposed by Motors Insurance
Company (MIC) in its Second Supplemental Petition filed on March 7, 2000,
(Ref. No. A-0699-10). Notice of the proposal was published in the June 20,
2000, issue of the
Texas Register
(25 TexReg
6171). The amendment was considered at a public hearing on July 25, 2000,
at 10:00 a.m., under Docket No. 2449 in Room 100 of the William P. Hobby Jr.
State Office Building, 333 Guadalupe Street in Austin, Texas.
The Commissioner adopts, without changes to the proposal as noticed in
the Texas Register, an amendment to the Automobile Wholesale Floor Plan section
of Rule 125 of the Manual to allow automobile floor plan coverage to be written
either as provided by the provisions of Rule 125 or as inland marine insurance
as allowed by 28 TAC §5.5002(5)(K).
The amendment to the Manual adds the following provision to section D of
Rule 125: "A wholesale floor plan may also be written pursuant to 28 TAC §5.5002
entitled 'Texas Definition of Inland Marine Insurance' as provided in paragraph
(5)(K)."
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.101, 5.96, and 5.98.
The Manual rule as adopted by the Commissioner of Insurance is on file
in the Chief Clerk's Office of the Texas Department of Insurance under Reference
No. A-0699-10 and is incorporated by reference in the Manual by Commissioner's
Order No. 00-0886.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts action taken under Article 5.96 from the requirements of the
Government Code, Chapter 2001 (Administrative Procedure Act).
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.
TRD-200005360
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: August 1, 2000
Final Action