Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5.97, the Texas Register publishes notices of actions taken by the Department of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Department of Insurance, 333 Guadalupe, Austin.) The Commissioner of Insurance, at a public hearing under Docket Number 2219 held at 9:00 a.m., May 9, 1996, in room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted a form filing by the Texas Department of Transportation (Department) for a revised surety bond form entitled "Motor Vehicle Dealer's Surety Bond, Form 1923 (Rev. 12-95) " (Bond). The form was filed in the Chief Clerk's Office on April 11, 1996. The 74th Legislature codified parts of Article 6686, Texas Civil Statutes into the Transportation Code, sec.sec.503.001, et seq, regarding the regulation of vehicle dealers. The 74th Legislature also passed Senate Bill 1139, effective June 8, 1995, requiring the Department to establish rules by which general distinguishing numbers for motor vehicle dealers expire on various dates during the year. Previously all general distinguishing numbers expired on March 31st each year. The Department adopted new rule 16 TAC sec.111.3 effective November 15, 1995, to allow for staggered expiration dates of general distinguishing numbers. The following revisions have been made to the Bond: Reference to the expiration date of the 31st day of March has been deleted. This will allow for staggered expiration dates for each dealer. The statutory cite of the Bond has been revised to reflect "(Texas Transportation Code, sec.503.033)". Previously the Bond cited "(V.C.S. 6686 [a] [1-A])". Reference to the division at the Department where payment of any judgment by the surety shall be reported has been changed from Vehicle Titles and Registration Division to Motor Vehicle Division with a new mailing address and zip code. Notice of the revised surety bond form filing (Reference Number O-0496-12), was published in the April 19, 1996, issue of the Texas Register (21 TexReg 3431). The Texas Department of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.13, 5.15 and 5.97. The full text of the revised surety bond form, as adopted by the Texas Department of Insurance is filed with the Chief Clerk under (Reference Number O- 0496-12) and is incorporated by reference by Commissioner Order Number 96-0536. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority. Issued in Austin, Texas, on May 15, 1996. TRD-9606702 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: June 5, 1996 For further information, please call: (512) 463-6328 The Commissioner of Insurance, at a public hearing under Docket Number 2221 held at 9:00 a.m., May 9, 1996, in room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted a form filing by the Texas Department of Health (Department) for a new surety bond form entitled "STAR Program Performance Bond (Bond). The Bond is a requirement by the Department for any licensed health maintenance organization (HMO) who wishes to participate in the Department's Lone STAR Health Initiative (STAR Program). The form was filed in the Chief Clerk's Office on April 11, 1996. The STAR Program is subject to approval by the Secretary of the United States Department of Health and Human Services pursuant to the Social Security Act for the purpose of providing health care services for beneficiaries eligible for medical assistance under Title XIX of the Social Security Act. An HMO who is an approved Medicaid eligible provider may participate in the STAR Program by obtaining the Bond and entering into a written contract (Contract) with the Department. The penalty and total aggregate of the Bond is $100,000. The Bond is conditioned, so that if the HMO fails to perform the obligations set forth in the Contract with the Department then the amount of the Bond, or any portion thereof will be paid to the Department within 30 days. The Bond may be canceled by either the Department or the surety by giving not less than 60 days notice. A new Bond must be obtained by the HMO for each renewal or extension of the Contract. There is no standard premium rate for this new bond. Before an insurance company can use the new Bond form they must first file their proposed premium rate in accordance with the Texas Insurance Code, Article 5.15. Notice of the revised surety bond form filing (Reference Number O-0496-14), was published in the April 19, 1996, issue of the Texas Register (21 TexReg 3432). The Texas Department of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.13, 5.15 and 5.97. The full text of the new surety bond form, as adopted by the Texas Department of Insurance is filed with the Chief Clerk under (Reference Number O-0496-14) and is incorporated by reference by Commissioner Order Number 96-0538. This notification is made pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority. Issued in Austin, Texas, on May 15, 1996. TRD-9606701 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: June 5, 1996 For further information, please call: (512) 463-6328 The Commissioner of Insurance, at a public hearing under Docket Number 2220 held at 9:00 a.m., May 9, 1996, in room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted a form filing by the Texas Department of Insurance for a revised surety bond form entitled "Bond of Special Deputy Receiver, Form Number 1" (Bond). The Bond is a requirement of Article 21.28, Sec. 12 (a) of the Texas Insurance Code. The form was filed in the Chief Clerk's Office on April 15, 1996. The Bond has been revised to more closely follow the requirements of the above referenced statute. Substantive revisions to the Bond are as follows: The entity to whom payment of the bond is made has been changed from the United States of America to the Receiver (Commissioner of Insurance). The Bond conditions have been revised to include that the Special Deputy Receiver make a proper accounting for all moneys and properties received oradministered in accordance with the statute and the applicable Special Deputy Receiver Agreement, as either may be amended from time to time. The cancellation provision of the bond has also been revised to provide notice to the Principal of the Bond as well as the Commissioner of Insurance and to clarify that the Surety's liability will continue during the 60-day cancellation period. Minor stylistic and grammatical changes have been made to the Bond. There is no rate consequence to these revisions; thus the standard premium rate for the Bond remains unchanged. Companies who wish to use a premium rate other than the standard rate may file their own rate for prior approval pursuant to the Insurance Code, Article 5.15. Notice of the revised surety bond form filing (Reference Number O-0496-13-I) was published in the April 19, 1996, issue of the Texas Register (21 TexReg 3431). The Texas Department of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.13, 5.15 and 5.97. The full text of the revised surety bond Form Number 1, as adopted by the Texas Department of Insurance is filed with the Chief Clerk under (Reference Number O- 0496-13-I) and is incorporated by reference by Commissioner Order Number 96- 0537. The Texas Department of Insurance hereby certifies that the adopted form filing referenced herein has been reviewed by legal counsel and found to be within this agency's authority to adopt. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority. Issued in Austin, Texas, on May 15, 1996. TRD-9606700 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: June 5, 1996 For further information, please call: (512) 463-6328 The Commissioner of Insurance at a hearing held 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, approved an amended 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 (10) working days of the modifier being calculated or received by the insurance company. 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 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- 029-05-I ). This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on May 13, 1996. TRD-9606649 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: June 5, 1996 For further information, please call: (512) 463-6327