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You are here: Home . rules . 2002 . benchmarkrepeal
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Subchapter L. RULES OF PRACTICE AND PROCEDURE FOR INDUSTRY-WIDE RATE CASES 28 TAC §§1.1301 ­ 1.1317

The Commissioner of Insurance adopts the repeal of §§1.1301 ­ 1.1317 concerning the rules of practice and procedure for industry-wide rate cases. The repeal is adopted without changes to the proposal as published in the July 19, 2002 issue of the Texas Register (27 TexReg 6488).

The repeal is necessary because the procedures contained in these sections are inconsistent with the provisions of House Bills 2102, 1162, and 2159 enacted by the 77 th Legislature. House Bill (HB) 2102 amends Insurance Code Article 5.101 §3(d) by changing the procedure for promulgating state-wide benchmark rates and amends Insurance Code Article 21.81 by changing the procedure for determining rates for the Texas Automobile Insurance Plan Association. HB 1162 amends Insurance Code Article 21.49 by changing the procedure for determining rates for personal risks written by the Texas Windstorm Insurance Association (formerly known as the Texas Catastrophe Insurance Pool). HB 2159 amends Insurance Code Article 3.53 by changing the procedure for determining the presumptive rates for credit life and credit accident and health insurance.

The purpose and objective of this repeal is to eliminate the obsolete sections so that they can be replaced with new sections that are compatible with the statutory amendments to Insurance Code Articles 3.53, 5.101, 21.49 and 21.81.

No comments were received regarding adoption of the repeal.

Repeal of §§1.1301 - 1.1317 is adopted pursuant to Insurance Code Articles 5.101 §3(d), 21.81, 21.49, and 3.53, and §§36.001, 37.001, and 40.061. Article 5.101 §3(d), as amended by HB 2102, changes the procedure for promulgating industry-wide benchmark rates from contested case proceedings to rulemaking proceedings. Article 21.81, as amended by HB 2102, changes the procedure for promulgating rates for the Texas Automobile Insurance Plan Association from a contested case proceeding to a manual rate filing to be approved, disapproved or modified by the Commissioner. Article 21.49, as amended by HB 1162, changes the procedure for determining rates for personal risks written by the Texas Windstorm Insurance Association from a contested case proceeding conducted as part of the residential property benchmark rate case to a manual rate filing to be approved, disapproved or modified by the Commissioner. Article 3.53, as amended by HB 2159, changes the procedure for determining the presumptive rates for credit life and credit accident and health insurance from a contested case proceeding to a rulemaking proceeding. Section 36.001 provides that the Commissioner of Insurance may adopt rules and regulations to execute the duties and functions of the Texas Department of Insurance only as authorized by statute. Section 37.001 requires the Commissioner to adopt rules governing proceedings necessary to approve or promulgate rates under the Insurance Code and any other insurance law of this state. Section 40.061 provides that all hearings for benchmark rates for all lines subject to Article 5.101 are conducted as provided by section 3(d) of that article.

§1.1301. Scope.

§1.1302. Definitions.

§1.1303. Construction.

§1.1304. Notice of Hearing.

§1.1305. Pleadings.

§1.1306. Intervention.

§1.1307. Filing and Service.

§1.1308. Prehearing Conferences.

§1.1309. Pre-filed Testimony and Exhibits.

§1.1310. Discovery.

§1.1311. Agreements to Be in Writing.

§1.1312. Prehearing Rulings.

§1.1313. Order of Presentation and Cross-examination.

§1.1314. Alignment of Participants.

§1.1315. Presentation of Evidence.

§1.1316. Exhibits.

§1.1317. Post-hearing Procedures.



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