28 TAC §§7.401, 7.410
The Commissioner of Insurance adopts the repeal of §§7.401 and 7.410 concerning risk-based capital and surplus. The repeal of these sections is adopted without changes to the proposal published in the December 24, 2004 issue of the Texas Register (29 TexReg 11906).
The repeal of the sections is necessary to adopt a new §7.401 which appears elsewhere in this issue of the Texas Register . The new §7.401 consolidates the rules for risk-based capital and surplus for all insurers and HMOs in one section.
The purpose of the repeal is to eliminate obsolete sections.
No comments were received on the proposal.
The repeal of the sections is adopted under the Insurance Code §§822.210, 841.205, 884.206, 885.401 and 36.001. Sections 822.210, 841.205, 884.206 and 885.401 provide that the commissioner may adopt rules to require an insurer to maintain capital and surplus levels in excess of statutory levels to assure financial solvency of insurers for the protection of policyholders and insurers. Section 36.001 provides that the commissioner 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.
§7.401. Minimum Risk-Based Capital and Surplus Requirements for Life, Accident and Health Insurers and Fraternal Insurers.
§7.410. Minimum Risk-Based Capital and Surplus Requirements for Property/Casualty Insurers.