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You are here: Home . rules . 2003 . 0226a-059
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EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE, CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96

Notice is given that the Commissioner of Insurance will consider amendments proposed by the staff of the Data Services Division of the Texas Department of Insurance to the Texas Workers´ Compensation Statistical Plan (the Plan ). The purpose of these proposed amendments to the Plan is to set forth guidelines for implementation of the Terrorism Insurance Act of 2002. Staff´s petition (Ref. No. W-0203-06-I) was filed on February 24, 2003.

A public hearing on this matter will not be held unless a separate request for a hearing is submitted to the Office of the Chief Clerk during the comment period as defined herein.

The staff´s proposed amendments to the Plan are filed pursuant to the Insurance Code, Articles 5.58 and 5.96. Article 5.58 (a) requires the Commissioner of Insurance to develop reasonable statistical plans, which may be modified from time to time. 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 workers´ compensation insurance.

The staff proposes amendments to the Plan as follows:

1. Add Item 16 to Exposure and Premium Reporting Instruction to explain how Terrorism Premiums are to be reported using statistical code 9740.

2. Amend Statistical Code listing to include statistical code 9740 for Terrorism Premiums. Add statistical code 9740 for Terrorism Premiums to the Statistical Code listing.

3. Remove references to statistical code 0020 for the "Texas Old Program" from Exposure and Premium Reporting Instructions. Delete references to statistical code 0020 of the"Texas Old Program" from Exposure and Premium Reporting Instructions.

The staff requests that the proposed amendments to the Texas Workers´ Compensation Statistical Plan as proposed herein be adopted effective 15 days after notice of adoption is published in the Texas Register.

The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.58 (a) and 5.96.

A copy of the full text of the proposed amendments 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 amendments, please contact Ms. Sylvia Gutierrez at (512) 463-6327 (refer to Ref. No. W-0203-06-I ).

The staff and the Commissioner request that written comments to these proposed amendments be submitted no later than 5:00 p.m. on April 7, 2003 to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. The written comments should be directed to Gene C. Jarmon, General Counsel and Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comments should be simultaneously submitted to Clare Pramuk, Data Services Director, Texas Department of Insurance, P. O. Box 149104, MC 105-5D, 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).



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