TEXAS DEPARTMENT OF INSURANCENotification 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. The Commissioner of Insurance, at a public hearing under Docket Number 2223 held at 9:00 a.m., June 20, 1996 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by staff to the Texas Automobile Rules and Rating Manual (the Manual). The amendments are to Manual Rule 135 and Endorsements 4R. and TE 20 17, all pertaining to exclusion of the perils of windstorm, hurricane, hail, and flood from policies covering mobile homes. Staff's petition (Reference Number A-0496- 15-I) was published in the May 10, 1996, issue of the Texas Register (21 TexReg 4060). Endorsement 4R. (today redesignated 4R-1) for the Mobilowners Policy, and Endorsement TE 20 17 (today redesignated TE 20 17A) for the Business Auto, Garage, or Truckers Coverage Form were adopted for purposes explained in Commissioner's Order Number 95-1108, dated October 25, 1995. Each endorsement provides that it may be attached only to policies covering property located in 14 specified counties, which were then the only designated catastrophe areas listed in the Texas Catastrophe Property Insurance Association Manual. Additional territory is now being so designated, so the above endorsements are amended to allow their attachment "to policies covering property located in the designated catastrophe areas as provided for in the Texas Catastrophe Property Insurance Association Manual." Manual Rule 135, Sections I. 10 and II. J also are amended to conform to the language of the endorsements in this regard. An additional amendment is made to Endorsement 4R. to preclude the possibility that this endorsement might be construed to expand theft coverage beyond that provided by the basic Mobilowners Policy. This proposed amendment consists of the addition of the following language after the words "attempted theft": "if such loss would otherwise be covered by the policy." The amendments as adopted by the Commissioner of Insurance are shown in exhibits on file with the Chief Clerk under Reference Number A-0496-15-I, which are incorporated by reference into Commissioner's Order Number 96-0741. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Article 5.06, 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 amendments as adopted have 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 August 1, 1996. 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 July 3, 1996. TRD-9609558 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: August 1, 1996