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. Proposed Action The Commissioner of Insurance at a hearing scheduled under Docket Number 2337 on March 25, 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 the petition of Gary L, Wickert of Hughes, Watters & Askanase, L. L. P. The petition seeks the adoption of amendments to Endorsement WC 42 03 04-Texas Waiver of Our Right to Recover From Others Endorsement as contained in the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance. The proposed changes to the endorsement specify that the existence of a waiver of subrogation endorsement waives only the claim for past benefits paid, not its right to a statutory credit. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Article 5.56, 5.57 and 5.96. A copy of the petition containing the full text of the proposed changes to the Texas Waiver of Our Right to Recover From Others Endorsement 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 Angie Arizpe at (512) 322-4147, (refer to Reference Number W-1297-42). 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-9801595 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: February 4, 1998 Proposed Action The Commissioner of Insurance will hold a public hearing under Docket Number 2339 on March 25, 1998, at 9:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Statistical Plan for Residential Risks. The proposed changes are necessary in order to comply newly adopted discounts for wind and hail resistant roofing materials and to include the ability to capture greater levels of detail as to the cause of loss for claims. Staff's petition (Reference P-0298-03-I) was filed on February 3, 1998. The petition proposes amendments to the Texas Statistical Plan for Residential Risks to add fields for roof construction, hail resistant roof premium discounts, and cause of losses. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69. 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) 463-6326 (refer to Reference Number P-0298-03- 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, P.O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C.H. Mah, Associate Commissioner for Technical Analysis, 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-9801596 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: February 4, 1998 Proposed Action The Commissioner of Insurance will hold a public hearing under Docket Number 2338 on March 25, 1998, at 9:00 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Private Passenger Automobile Statistical Plan. The amendment in the staff petition which adds a field to gather statistical experience on the use of the youth group member discount is necessary to implement Article 5.03-5 of the Texas Insurance Code, enacted through H.B. 1498 passed by the 75th Legislature, which provides that an insurer may grant a discount for certain automobile insurance premiums for members of certain youth groups if necessary qualifications are met. Amendments are also proposed to an existing field to distinguish between youth driver training commercially provided and parent or guardian provided training. This proposal is the result of comments heard at a January 29, 1998 hearing in which a premium discount was approved for parent or guardian provided youth driver training. Staff's petition (Reference A-0298-02- I) was filed on February 3, 1998. The petition proposes amendments to the Texas Private Passenger Automobile Statistical Plan to add a field to gather statistical experience on the use of the "youth group member" discount and to add additional codes to an existing field, "driver training discount", to distinguish between data concerning commercially provided and parent or guardian provided youth driver training. These amendments will only affect the Quarterly Detailed Experience module of the Texas Private Passenger Automobile Statistical Plan. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69. 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) 463-6326 (refer to Reference Number A-0298-02- 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, P. O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C.H. Mah, Associate Commissioner for Technical Analysis, 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-9801597 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: February 4, 1998