TITLE exempt-filings

Texas Department of Insurance

Proposed Action on Rules

EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96

The Commissioner of Insurance will consider a petition by the staff of the Texas Department of Insurance to amend the Texas Commercial Lines Statistical Plan (TCLSP)--General Reporting Instructions, Liability, Property, Businessowners, Commercial Automobile and Miscellaneous Commercial Quarterly Experience Reports. The proposed changes are necessary to implement the reporting of terrorism premium and loss experience resulting from the passage of the federal Terrorism Risk Insurance Act of 2002 (Public Law 107-297). In addition, the proposed changes are necessary to correct the name, mailing address and phone numbers for the statistical agent for Texas commercial line experience. Staff's petition (Ref. P-0703-15-I) was filed on July 21, 2003.

A public hearing on this matter will not be held unless a separate request for a hearing is submitted to the Office of the Chief Clerk during the comment period as defined herein.

Staff proposes amendments to the TCLSP as follows:

General Reporting Instructions:

amend the Table of Contents of the TCLSP Manual to note the location of General Instructions for reporting terrorism premiums and losses.

correct information regarding the Insurance Services Office's Data Collection & Quality Assurance Division's name, mailing address and telephone numbers.

provide general instructions for reporting of terrorism coverages in Texas.

Quarterly Liability Experience Report:

add and amend fields and codes for reporting terrorism related premium and loss experience.

Quarterly Property Experience Report:

add and amend fields and codes for reporting terrorism related premium and loss experience.

Quarterly Businessowners Experience Report:

add and amend fields and codes for reporting terrorism related premium and loss experience.

Quarterly Commercial Automobile Experience Report:

add and amend fields and codes for reporting terrorism related premium and loss experience.

Quarterly Miscellaneous Commercial Experience Report:

add and amend fields and codes for reporting terrorism related premium and loss experience.

Staff requests that the proposed amendments be mandatory effective with the fourth quarter 2003 statistical plan reporting requirements.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code Article 5.96 and §38.204 and §38.207.

Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Ref. No. P-0703-15-I).

Comments on the proposed amendments must be filed no later than 5:00 p.m. on September 1, 2003 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 the comments should be simultaneously submitted to C.H. Mah, Senior Associate Commissioner for Property and Casualty, P.O. Box 149104, MC105-5G, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001).

TRD-200304413

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 22, 2003


Proposed Action on Rules

EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96

Notice is given that the Commissioner of Insurance will consider a proposal made in a staff petition which seeks amendments of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 2001, 2002, 2003, and 2004 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff’s petition (Ref. No. a-0703-16-I), was filed on July 23, 2003.

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 2001, 2002, 2003, and 2004 model vehicles.

A copy of the petition, including a 230-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 Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0703-16-I).

Comments on the proposed changes must be submitted in writing no later than 5:00 p.m. on September 1, 2003 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 simultaneously submitted to Marilyn Hamilton, Associate Commissioner, Property & Casualty Program, Texas Department of Insurance, P. O. Box 149104, MC 104-PC, Austin, Texas 78714-9104.

A public hearing on this matter will not be held unless a separate request for a hearing is submitted to the Office of the Chief Clerk during the comment period defined above.

This notification is made pursuant to Insurance Code Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

TRD-200304434

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 23, 2003