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You are here: Home . rules . 2007 . 0817a-059

SUBCHAPTER D. FIRE AND ALLIED LINES INSURANCE DIVISION 4

28 TAC §5.3301

1. INTRODUCTION. The Commissioner of Insurance adopts the repeal of Division 4, §5.3301, concerning rate filing requirements under Insurance Code Article 5.142 for small and new insurers writing residential property insurance. The repeal is adopted without changes to the proposal published in the June 29, 2007 issue of the Texas Register (32 TexReg 3962).

2. REASONED JUSTIFICATION. The repeal of Division 4, §5.3301, is necessary because pursuant to §5.3301(i) and Insurance Code Article 5.142, §17, the section expired on December 1, 2004. The Department identified this division for repeal as part of the Department's ongoing review of existing rules pursuant to Government Code §2001.039.

3. HOW THE SECTION WILL FUNCTION. The adoption of the repeal will result in the removal of obsolete and potentially confusing provisions from the Texas Administrative Code.

4. SUMMARY OF COMMENTS AND AGENCY RESPONSE. The Department did not receive any comments on the proposed repeal.

5. STATUTORY AUTHORITY. The repeal of Division 4, §5.3301, is adopted pursuant to Insurance Code §36.001, which provides that the Commissioner of Insurance may adopt any rules necessary and appropriate to implement the powers and duties of the Texas Department of Insurance under the Insurance Code and other laws of this state.

6. TEXT.

DIVISION 4. SMALL INSURER AND NEW INSURER RATE FILING REQUIREMENTS

§5.3301. Rate Filing Requirements Under Article 5.142 for Small and New Insurers Writing Residential Property Insurance.



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