TEXAS DEPARTMENT OF INSURANCENotification Pursuant to the Insurance Code, Chapter 5, Subchapter LAs 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. Texas Department of Insurance PROPOSED ACTION The Commissioner of Insurance, at a public hearing under Docket Number 2332 scheduled for January 29, 1998 at 9:00 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 1998 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A- 1297-39-I) was filed on December 3, 1997. 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 1998 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 Angie Arizpe at (512) 463-6326; refer to (Reference Number A-1297-39-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 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). Issued in Austin, Texas, on December 8, 1997. TRD-9716594 Lynda H. Nesenholtz Assistant General Counsel Texas Department of Insurance For further information, please call: (512) 463-6327 ADOPTION TEXAS DEPARTMENT OF INSURANCE EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96 The Commissioner of Insurance ("Commissioner") at a public hearing under Docket Number 2313 on December 3, 1997, held at 10:00 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, adopted amendments to the Texas Statistical Plan for Residential Risks ("Residential Plan") and to the Texas Commercial Lines Statistical Plan ("Commercial Plan") as proposed by the staff of the Texas Department of Insurance ("TDI'). The amendments are necessary to implement S.B. 1499 passed by the 75th Legislature which amended the Texas Insurance Code Article 5.13-2 to include Farm and Ranch and Farm and Ranchowners coverages in the commercial lines of insurance. Staff's petition (Reference P-1097-33-I) proposing the amendment was filed with the TDI Chief Clerk on October 14, 1997, and notice of the filing was published in the October 24, 1997, issue of the Texas Register (22 TexReg 10520). The staff proposed the amendment of the Texas Statistical Plan for Residential Risks ("Residential Plan") to delete the Farm and Ranch ("FR") and Farm and Ranch Owners ("FRO") reporting provisions from the Residential Plan and the amendment of the Texas Commercial Lines Statistical Plan ("Commercial Plan") to adopt two new chapters relating to FR and FRO reporting. The adopted changes are necessary in order to comply with the 75th Legislature's passage of S.B. 1499, which amended the Texas Insurance Code Article 5.13-2 to include FR and FRO policies as commercial lines insurance policies. The adopted amendments also include the incorporation of minor changes to the statistical plans for consistency with the existing procedure. One set of comments was received concerning the need to further amend the Commercial Plan to support new programs concerning the FR and FRO policies. In addition, the commenter expressed concern that a different statistical agent from the commercial lines statistical agent would collect FR and FRO data. The department agrees that the Commercial Plan should be further amended and is committed to proposing the necessary amendments in the future. The department also recognizes that once the Commercial Plan is further amended, it may be appropriate to conduct a competitive process to select a statistical agent for the FR and FRO, based on the specifications set out in the further amendments. The Commissioner adopted all of the amendments described herein at the December 3, 1997 public hearing. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69. The Insurance Code, Articles 5.96 and 21.69 authorize the filing of this petition. Article 5.96 authorizes the Commissioner to prescribe, promulgate, adopt, approve, amend, or repeal standard and uniform manual rules, rating plans, classification plans, statistical plans and policy and endorsement forms for fire and allied lines of insurance. Article 21.69 authorizes the Commissioner to contract with or designate a qualified organization to serve as a statistical agent to gather data from reporting insurers under a statistical plan promulgated by the Commissioner. Article 21.69 also authorizes the Commissioner to adopt rules necessary to accomplish the purposes of that article. The amendments as adopted by the Commissioner are filed with the TDI Chief Clerk under Reference Number P-1097-33-I and are incorporated by reference by Commissioner's Order 97-1223. Consistent with the Insurance Code, Article 5.96(h), prior to the effective date of this action, TDI will notify all insurers writing the affected lines of insurance in this state. 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, ch. 2001). 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 December 8, 1997. TRD-9716423 Lynda H. Nesenholtz Assistant General Counsel Texas Department of Insurance Effective date: January 5, 1998 Proposal publication date: October 24, 1997 For further information, please call: (512) 463-6327