TEXAS DEPARTMENT OF INSURANCE Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L As 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. Proposed The Commissioner of Insurance, at a public hearing under Docket Number 2211 scheduled for April 18, 1996 at 9:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition proposes amendment to the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1992 through 1996 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0296-03-I) was filed on February 6, 1996. 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 various model years of the listed vehicles. The exhibit attached to staff's petition omits symbols used by Insurance Services Office (ISO) for multi-purpose and utility type vehicles for 1994 and prior year models, which will continue to be rated according to the traditional method set forth in the Manual, page 2 of the Symbol and Identification Section. For 1995 and later year models, excluding customized vehicles, the symbol for each multi-purpose and utility type vehicle must be used in the same manner as the symbol for a private passenger auto, as required by Commissioner's Order Number 95-0607, effective September 1, 1995. The operative provisions of that order have been printed in the Manual. A copy of the petition containing the full text of the proposed amendmentsto 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) 322-6326; refer to (Reference Number A-0296-03-I). Written comments should be directed to 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 Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, 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). 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 February 28, 1996. TRD-9602789 Alicia M. Fechtel Texas Department of Insurance For further information, please call (512) 463–6327 The Commissioner of Insurance at a hearing scheduled under Docket Number 2209 on April 18, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider approval of a filing made by the staff of the Workers' Compensation Group of the Texas Department of Insurance pertaining to an amendment to Section I A of the Texas Experience Rating Plan of the Texas Basic Manual of Rules, Classifications and Experience Rating Plan of Workers' Compensation and Employers' Liability Insurance. The purpose of this amendment is to require insurance companies to furnish, free of charge, one copy of the workers' compensation experience modifier calculation to the producer of record within ten working days of the modifier being calculated or received by the insurance company. The producer of record may also obtain a copy of the modifier calculation directly from the insured. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Article 5.60 (b) and 5.96. A copy of the petition containing the full text of the proposed changes to Section I A of the Texas Experience Rating Plan of the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance is 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, please contact Sylvia Gutierrez at (512) 463-6327, (Refer to Reference Number W- 0296-05-I ). This notification is made pursuant to the Texas Insurance code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2110 (Administrative Procedure Act). The agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on February 28, 1996. TRD-9602790 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance For further information, please call: (512) 463–6327 Adopted The Commissioner of Insurance, at a public hearing under Docket Number 2197 held at 9:00 a.m., February 22, 1996 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by United Services Automobile Association (USAA) to the Texas Automobile Rules and Rating Manual (the Manual), Rule 74, to allow an optional discount for a vehicle equipped with a daytime-running-lights system. USAA's petition (Reference Number A-0595-9) was published in the January 19, 1996, issue of the Texas Register (21 TexReg 500). In Manual Rule 74.H, the caption is expanded and a new subsection 3.d. is added to provide for this optional daytime-running-lights system discount. The amount of any discount for such a system is within an insurer's discretion, but any such discount must be applicable for original equipment systems and aftermarket installed systems. The amendments as adopted by the Commissioner of Insurance are shown in an exhibit on file with the Chief Clerk under Reference Number A-0595-9, which is incorporated by reference into Commissioner's Order Number 96-0217. 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 section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the Manual is amended as described herein, and the amendments are adopted effective April 1, 1996. Issued in Austin, Texas, on February 28, 1996. TRD-9602788 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: April 1, 1996