Division 8: Underserved Areas for Residential Property Insurance
28 TAC §5.3702
The Commissioner of Insurance adopts new §5.3702, concerning the designation of geographic areas as underserved for residential property insurance for purposes of the Insurance Code, Article 5.13-2C. The new section is adopted with changes to the proposed text as published in the March 19, 2004, issue of the Texas Register (28 TexReg 2846).
The new section is necessary to designate the areas determined by the Commissioner of Insurance to be underserved areas for purposes of Article 5.13-2C which provides exemptions from certain rate filing and approval requirements for certain insurers. The section identifies the factors and the methodology used in determining the areas to be underserved. Article 5.35-3, which is referenced in Article 5.13-2C §2(a)(2), provides that in determining which areas will be designated as underserved, the Commissioner shall consider whether residential property insurance is not reasonably available to a substantial number of owners of insurable residential property in the underserved area and any other relevant factors as determined by the Commissioner. Upon the determination of such areas, an insurer authorized to write property or casualty insurance in this state and writing residential property insurance in this state, will be evaluated in accordance with the criteria established in Article 5.13-2C as to whether or not it qualifies for an exemption from the rate filing and approval requirements of Articles 5.142 and 5.13-2. Because there is no single comprehensive measure to determine whether residential property insurance is or is not reasonably available to a substantial number of owners of insurable property either on a statewide basis or in any particular area of the state, the department has identified characteristics of particular geographic areas which are likely to be associated with greater difficulty by consumers in obtaining residential property insurance. In determining whether to designate an area as underserved, great weight was placed on the potential for residential property insurance not being reasonably available to a substantial number of owners of insurable property in that area. The department considered geographic factors based on two types of weather-related loss exposure underwriting restrictions used by insurers writing residential property insurance in Texas that limit the availability o f residential property insurance coverages to a greater extent in some geographic areas than in others. The first type of weather-related loss exposure concerns the potential for catastrophic hurricanes and other types of windstorms in the counties that border the Gulf of Mexico and the inability of residents to obtain windstorm and hail insurance through the voluntary market in these areas. The Texas Windstorm Insurance Association (TWIA) was formed by the legislative enactment of Article 21.49 because windstorm and hail insurance was not reasonably available to a substantial number of owners of insurable property in the coastal counties. The department believes that the areas where windstorm and hail insurance is not reasonably available include both First Tier Coastal Counties (Tier 1) and Second Tier Coastal Counties (Tier 2) as defined in Article 21.49 §3 (l) and (m). The owners of insurable property in the Tier 1 and Tier 2 counties have a significantly greater difficulty in obtaining windstorm and hail insurance in the voluntary market than those property owners who reside outside of these areas. For these reasons, the location of a ZIP Code in the geographic areas that comprise the Tier 1 and Tier 2 coastal counties are considered a factor in determining whether an area is underserved for purposes of Article 5.13-2C. A second geographic area that has historically been affected by weather-related loss exposure underwriting factors is Dallas and Tarrant counties. Due to the frequency and severity of hail storms and the ensuing large losses in these counties, insurers have restricted their writing of residential property insurance and have limited the availability of certain property insurance coverages in these counties. Based on this lack of availability of residential property insurance to a substantial number of owners of insurable property in Dallas and Tarrant counties, the location of a ZIP Code in these counties is considered a factor in determining whether an area is underserved for purpose s of Article 5.13-2C. ZIP Codes which are located in Tier 1, Tier 2, Dallas, or Tarrant counties are assigned five points. Additionally, the department utilized census data compiled for the year 2000 to identify certain demographic factors that have historically been correlated with the limited availability of residential property insurance. The factors to be considered are: low median household income (geographic areas with median household incomes of $36,000 or less), low median home value (geographic areas with the median value of owner-occupied dwellings of $75,000 or less), median year the house was constructed (geographic areas that contain dwellings with a median year built of 1974 or earlier), and a high percentage of uninsured households for residential property insurance (geographic areas where the percent of insured households is less than 50%). If the demographic factor for a specific ZIP Code indicates actual or potential difficulty for consumers in obtaining residential property insurance, the ZIP Code is assigned one point. If a ZIP Code does not receive at least one point it will receive zero points for the specific factor. Additionally, the department has identified a factor that correlates the market share of a set of insurer groups with the availability of residential property insurance. The department examined data reported by insurers pursuant to the Texas Statistical Plan for Residential Risks and determined the insurer groups that cumulatively write at least 90% of the residential property insurance policies that are in force in Texas. The department then analyzed data for each of the individual geographic ZIP Codes (excluding single point ZIP Codes) and calculated the percent of policies in force that are being written by the same insurer groups that write 90% of the policies in force on a state wide basis. If an individual ZIP Code´s cumulative market share calculation shows that the insurer groups that write 90% of the policies in force state wide are writing less than 90% of the policies in force in a particular ZIP Code, then this Zip Code receives one point. Further, if an individual ZIP Code´s cumulative market share calculation shows that the insurer groups that write 90% of the policies in force state wide are writing 90% or more of the policies in force in a particular ZIP Code, then this Zip Code receives zero points. Geographic factors based upon the established lack of availability of certain types of residential property insurance in Tier 1 and Tier 2 counties and in Dallas and Tarrant counties and demographic factors and a market share factor that are correlated with the limited availability of residential property insurance were analyzed by ZIP Code area or county, and points were assigned to each of the factors. Based on the factors that were found to be present in each ZIP Code the points assigned to each factor were totaled for each ZIP Code. Areas with five or more points were identified as underserved or potentially underserved and designated as underserved areas. Generally, to be underserved a ZIP Code can meet any one of the geographic based criteria or it must meet all four of the demographic based criteria and the market share criteria. The department made changes to the rule based on comments. Subsection (a) was amended to add new paragraph (3) that lists as a purpose of the rule to provide a procedure that requires insurers to certify eligibility for the exemption provided by Article 5.13-2C. The department amended subsection (c), which lists the Zip Codes that are designated as underserved areas, to add all of the additional Zip Codes in Harris county that had been inadvertently omitted. In the proposal, staff had only included the Zip Codes in Harris county that were in designated catastrophe areas. However, since Harris county is classified as a Tier 2 county all of the Zip Codes in Harris county have been included. The department added new subsection (e) that requires insurers to certify their compliance with the requirements of Article 5.13-2C and their eligibility for the exemption and provides a form that insurers may use for this certification. The revisions to the rule based on the comments do not introduce new subject matter or affect new persons.
Subsection (a) specifies the purpose of the section is to designate the areas determined by the Commissioner to be underserved areas for purposes of Article 5.13-2C, identify the factors and methodology used in determining the underserved areas, and provide a procedure that requires insurers to certify eligibility for the exemption provided by Article 5.13-2C. Subsection (b) defines terms used in the section. Subsection (c) lists the ZIP Codes that are designated as underserved areas for purposes of Article 5.13-2C. Subsection (d) outlines the factors and methodology that are used in determining which areas should be designated as underserved. These factors include geographic factors based on two types of weather-related loss exposure underwriting restrictions including being located in Tier 1 or Tier 2 coastal counties or being located in Dallas or Tarrant counties; demographic factors including low median household income (geographic areas with median household incomes of $36,000 or less), low median home value (geographic areas with the median value of owner-occupied dwellings of $75,000 or less), median year the house was constructed (geographic areas that contain dwellings with a median year built of 1974 or earlier), and high percentage of uninsured households for residential property insurance (geographic areas where the percent of insured households is less than 50%); and a factor that correlates the market share of a set of insurer groups with the availability of residential property insurance. New subsection (e) outlines a procedure and provides a form for an insurer to certify that it meets the standards and requirements set forth in Article 5.13-2C, and is thereby exempt from any rate filing and approvals that would be otherwise required by either Article 5.142 or Article 5.13-2 of the Insurance Code.
SUMMARY OF COMMENTS AND AGENCY RESPONSE TO COMMENTS.
Comment: One commenter stated that the list of Zip Codes in subsection (c) did not contain all of the Zip Codes in Harris county which is a Tier 2 county and that some Zip Codes in Dallas and Tarrant counties were not included.
Agency response: With respect to Harris county, the department has amended subsection (c), which lists the Zip Codes that are designated as underserved areas, to add all of the additional Zip Codes in Harris county that had been inadvertently omitted. In the proposal, staff had only included the Zip Codes in Harris county that were in designated catastrophe areas. However, since Harris county is designated in Article 21.49 §3(m) as a Tier 2 county all of the Zip Codes in Harris county have been included. With respect to Dallas and Tarrant counties, the Zip Codes that the commenter alleged to be omitted were found to be "mailing Zip Codes." The rule utilizes geographic Zip Codes since the Census Bureau only reports demographic data for geographic ZIP Codes. A geographic ZIP Code is a statistical geographic entity that approximates the delivery area for a U.S. Postal Service five-digit ZIP Code and is an aggregation of census blocks that have the same predominant ZIP Code associated with the residential mailing addresses in the Census Bureau's master address file for census data compiled for the year 2000. The data that is reported for a mailing Zip Code is included in the data for the geographic Zip Code in which the mailing Zip Code is located. Therefore, the mailing Zip Codes have not been included in the rule since the data for such Zip Codes has already been included in the geographic Zip Code data.
Comment: One commenter believes that the rule should provide a mechanism by which those insurers that qualify for the exemption may demonstrate to the department their qualification and entitlement to the exemption. The commenter proposed an amendment to the rule that would require an annual certification by an exempt insurer to the department demonstrating that it meets the standards and requirements set forth in Article 5.13-2C. The commenter further believes that the department should promulgate a certification form for insurers to file this information with the department on an annual basis if they desire to apply for an exemption from rate filing and approvals.
Agency response: The department agrees that a mechanism should be provided to insurers to demonstrate their entitlement to the exemption and has added new subsection (e)(A) which requires the insurer to certify to its eligibility for the exemption when a rate filing would otherwise be required. The Department will review insurers' certifications in accordance with the provisions of Article 5.13-2C. Additionally, in new subsection (e)(B) the department has provided a form for use by insurers to certify their compliance with the requirements of Article 5.13-2C and their entitlement to the exemption but insurers may submit their own forms provided the insurer´s form contains all of the required information.
Comment: One commenter believes that each of the demographic factors should not have equal weight but believes that it would be more appropriate to give greater weight to the market share factor and percent of insured households factor since these measures appear to more directly reflect the underlying availability of insurance in an area than the other demographic factors.
Agency response: At the present time no objective data has been presented to the department to indicate that the market share factor or the percent of insured households factor should be given more weight than the other demographic factors. The department is open to reevaluating the weight given to the various demographic factors in the future if new data is presented that indicates the weighting of the factors should be adjusted.
Comment: One commenter expresses concern that the rule as proposed could encourage small insurers to "over-write" in the high risk coastal areas in their attempt to attain the rate filing exemption. The commenter believes that if a large storm hits the coast, the over exposure in the coastal areas could lead to the insolvency of the smaller insurers and a dissipation of the guaranty fund. Additionally, the commenter believes that the anticipated overexposure of small insurers which the commenter contends might lead to insolvencies outweighs the intended benefit of the rate filing exemption which is to stimulate the writing of residential property insurance policies in the underserved areas. The commenter further recommends removing the geographic factors based on weather-related loss exposure underwriting restrictions; however, if the geographic factors are retained, then the commenter recommends that reinsurance and surplus requirements be included in the rule to address the risk of insolvency.
Agency response: Staff believes that the small insurers would not "over-write" in the coastal areas because they would not have any greater incentive to write in the coastal Zip Codes than in the Zip Codes which are designated as underserved due to demographic or market share factors; hence, there is no reason to eliminate the geographic factors. Furthermore, recent trends in the coastal areas show that insurers in general are reducing their book of business in the coastal areas and requiring Texas Windstorm Insurance Association (TWIA) to insure the risks that are being non-renewed. The statistical data reported by TWIA shows that during the last two and a half years the liability exposure of TWIA has increased an average of 17% per year which indicates that the trend for all insurers including Lloyd´s insurers is to reduce their writing of business in the high risk coastal areas. Additionally, Lloyd´s insurers have not had to make rate filings until the recent requirements for rate filings were imposed in 2003 under SB 14 and Lloyd´s insurers had not exhibited any tendency during this long period of rate deregulation to "over-write" in the high risk coastal areas. The department does not believe that reinsurance and surplus requirements are needed in the rule because there are currently adequate mechanisms in place to monitor the financial condition of insurers including financial examinations and early warning indicators that the department will utilize to attempt to prevent insolvencies from occurring.
Comment: One commenter believes that designating the coastal and Dallas/Tarrant county areas as underserved will not create more capacity in these areas and will not address anything MAP, FAIR, and TWIA are not already addressing. Additionally, the commenter believes that the department´s experience with the small number of applicants in the residential property MAP program indicates that the underlying reason for the existence of underserved areas is not the lack of availability of insurance in these areas. The commenter further believes that the department´s experience with the FAIR Plan and the rapid increase in the number of policyholders in the FAIR Plan indicates that the underlying reason for the existence of underserved areas is the lack of affordability.
Agency response: The purpose of the rule is to designate areas as underserved to encourage more small insurers to write residential property policies for property valued at less than $100,000 in these underserved areas thereby reducing the growth in the residual insurance markets.
Comment: One commenter believes that the demographic factors are more appropriate than the geographic factors for determining the underserved areas and requests that data be provided so that the insurers and public can determine whether the measurements are fair.
Agency response: The data for median household income, median home values, and median year built are all available from the Census Bureau in the data compiled for the year 2000. The percent of households insured can be computed by combining the census data for the number of households in a ZIP Code with the data from the Texas Statistical Plan for Residential Risks.
Comment: One commenter expresses concern that there is no provision for reassessing the qualification by an insurer for the exemption or for reassessing whether a ZIP Code continues to qualify as an underserved area and believes that this could lead to abuse by an insurer manipulating its book of business to qualify for the exemption and then to stop writing in the underserved areas or the types of home specified in Article 5.13-2C.
Agency response: The department has added new subsection (e)(A) which requires insurers to certify their eligibility for the exemption whenever a rate filing would otherwise be required. The department will review insurers' certifications in accordance with the provisions of Article 5.13-2C. Although the exemption does relieve insurers from the requirement of making rate filings, it does not exempt insurers from complying with the rate standards set out in Article 1.02. Based on a periodic review, any changes in designations of ZIP Codes as underserved areas may be adopted at any time by amending the section pursuant to the Government Code §§2001.004-2001.038 (Administrative Procedure Act).
Comment: One commenter recommends adding a provision that limits the rate filing exemption to only those rates used for the underserved areas.
Agency response: The statutory exemption in Article 5.13-2C states "an insurer...is exempt from the rate filing and approval requirements of Article 5.142 and Article 5.13-2 of this code." The department does not believe that the statutory exemption makes a distinction that allows an exemption from rate filings pertaining only to the underserved areas. If an insurer qualifies for an exemption under Article 5.13-2C then it would be exempt from rate filings with respect to the entire state.
Comment: Commenter recommends that a provision be added to clarify that despite the exemption from rate filing other laws including rate standards, credit scoring restrictions, territorial restrictions, and discrimination provisions still apply.
Agency response: The department does not believe that such a provision would be necessary because Article 5.13-2C only provides an exemption from rate filing and approval requirements of Article 5.142 and Article 5.13-2 and it is clear that insurers could not claim an exemption from other statutory requirements.
NAMES OF THOSE COMMENTING FOR AND AGAINST THE SECTION.
For with changes: National Lloyds Insurance Company, Insurance Council of Texas, and Office of Public Insurance Counsel.
The new section is adopted pursuant to the Insurance Code, Articles 5.13-2C, 5.35-3 and §36.001. The Insurance Code Article 5.13-2C provides that an insurer may be exempt from the rate filing and approval requirements of Articles 5.142 and 5.13-2 if the total amount of premium collected for residential property insurance by an insurer is less than 2% of the total premium for the state and if more than 50% of the policies issued in the state are valued at less than $100,000 and are located in an underserved area for residential property insurance under Article 5.35-3. Article 5.35-3, §1(a) provides that by rule the Commissioner may determine and designate areas as underserved areas for residential property insurance. Section 36.001 of the Insurance Code 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.
§5.3702. Designation of Underserved Areas for Residential Property Insurance for Purposes of the Insurance Code Article 5.13-2C
(a) Purpose. The purpose of this section is to:
(1) designate the areas determined by the Commissioner of Insurance to be underserved areas for purposes of residential property insurance pursuant to the Insurance Code Article 5.13-2C;
(2) identify the factors and methodology used in determining such underserved areas, and
(3) provide a procedure that requires insurers to certify their eligibility for the exemption provided by Article 5.13-2C.
(b) Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise.
(1) Underserved area--An area determined and designated in this section as an underserved area by the Commissioner of Insurance for purposes of an exemption from rate filings and approval requirements for certain insurers pursuant to the Insurance Code Article 5.13-2C.
(2) Commissioner--Commissioner of Insurance.
(3) Department--Texas Department of Insurance.
(4) Market share--the number of residential property insurance policies that an individual insurer has in force expressed as a percentage of the total number of residential property insurance policies in force in a defined geographic area (i.e. state wide or in a specific ZIP Code).
(c) Underserved areas. The ZIP Codes in Figure 28 TAC §5.3702(c) are designated as underserved areas pursuant to the Insurance Code Article 5.13-2C, effective May 13, 2004:
Figure 28 TAC §5.3702(c)
| ZIP | ZIP | ZIP | ZIP | ZIP | ZIP |
|---|---|---|---|---|---|
| 75001 | 76017 | 76933 | 77461 | 78071 | 79003 |
| 75006 | 76018 | 76936 | 77463 | 78072 | 79005 |
| 75019 | 76020 | 76943 | 77464 | 78075 | 79009 |
| 75038 | 76021 | 76951 | 77465 | 78102 | 79013 |
| 75039 | 76022 | 77002 | 77467 | 78107 | 79014 |
| 75040 | 76028 | 77003 | 77468 | 78125 | 79021 |
| 75041 | 76034 | 77004 | 77469 | 78140 | 79027 |
| 75042 | 76036 | 77005 | 77471 | 78142 | 79029 |
| 75043 | 76039 | 77006 | 77476 | 78145 | 79031 |
| 75044 | 76040 | 77007 | 77477 | 78146 | 79034 |
| 75048 | 76051 | 77008 | 77478 | 78147 | 79035 |
| 75050 | 76052 | 77009 | 77479 | 78151 | 79039 |
| 75051 | 76053 | 77010 | 77480 | 78159 | 79040 |
| 75052 | 76054 | 77011 | 77481 | 78161 | 79041 |
| 75060 | 76060 | 77012 | 77482 | 78164 | 79042 |
| 75061 | 76063 | 77013 | 77483 | 78201 | 79043 |
| 75062 | 76067 | 77014 | 77485 | 78202 | 79045 |
| 75063 | 76092 | 77015 | 77486 | 78203 | 79046 |
| 75080 | 76102 | 77016 | 77488 | 78204 | 79052 |
| 75081 | 76103 | 77017 | 77489 | 78207 | 79054 |
| 75082 | 76104 | 77018 | 77493 | 78208 | 79056 |
| 75088 | 76105 | 77019 | 77494 | 78210 | 79057 |
| 75089 | 76106 | 77020 | 77502 | 78211 | 79061 |
| 75098 | 76107 | 77021 | 77503 | 78212 | 79064 |
| 75104 | 76108 | 77022 | 77504 | 78214 | 79065 |
| 75110 | 76109 | 77023 | 77505 | 78215 | 79072 |
| 75115 | 76110 | 77024 | 77506 | 78221 | 79079 |
| 75116 | 76111 | 77025 | 77507 | 78223 | 79080 |
| 75125 | 76112 | 77026 | 77510 | 78226 | 79082 |
| 75134 | 76114 | 77027 | 77511 | 78236 | 79083 |
| 75137 | 76115 | 77028 | 77514 | 78237 | 79086 |
| 75140 | 76116 | 77029 | 77515 | 78252 | 79087 |
| 75141 | 76117 | 77030 | 77517 | 78330 | 79092 |
| 75144 | 76118 | 77031 | 77518 | 78332 | 79095 |
| 75146 | 76119 | 77032 | 77519 | 78336 | 79096 |
| 75149 | 76120 | 77033 | 77520 | 78338 | 79101 |
| 75150 | 76123 | 77034 | 77521 | 78339 | 79102 |
| 75159 | 76126 | 77035 | 77530 | 78340 | 79106 |
| 75172 | 76127 | 77036 | 77531 | 78343 | 79107 |
| 75180 | 76131 | 77037 | 77532 | 78347 | 79201 |
| 75181 | 76132 | 77038 | 77533 | 78351 | 79220 |
| 75182 | 76133 | 77039 | 77534 | 78352 | 79225 |
| 75201 | 76134 | 77040 | 77535 | 78353 | 79226 |
| 75202 | 76135 | 77041 | 77536 | 78355 | 79227 |
| 75203 | 76137 | 77042 | 77538 | 78358 | 79229 |
| 75204 | 76140 | 77043 | 77539 | 78359 | 79230 |
| 75205 | 76148 | 77044 | 77541 | 78362 | 79233 |
| 75206 | 76155 | 77045 | 77545 | 78363 | 79234 |
| 75207 | 76177 | 77046 | 77546 | 78364 | 79235 |
| 75208 | 76179 | 77047 | 77547 | 78368 | 79237 |
| 75209 | 76180 | 77048 | 77550 | 78370 | 79239 |
| 75210 | 76248 | 77049 | 77551 | 78371 | 79240 |
| 75211 | 76255 | 77050 | 77553 | 78372 | 79241 |
| 75212 | 76261 | 77051 | 77554 | 78373 | 79243 |
| 75214 | 76262 | 77053 | 77560 | 78374 | 79244 |
| 75215 | 76265 | 77054 | 77561 | 78375 | 79245 |
| 75216 | 76301 | 77055 | 77562 | 78377 | 79247 |
| 75217 | 76311 | 77056 | 77563 | 78379 | 79248 |
| 75218 | 76363 | 77057 | 77564 | 78380 | 79250 |
| 75219 | 76364 | 77058 | 77565 | 78382 | 79252 |
| 75220 | 76366 | 77059 | 77566 | 78383 | 79255 |
| 75223 | 76371 | 77060 | 77568 | 78385 | 79256 |
| 75224 | 76372 | 77061 | 77571 | 78387 | 79257 |
| 75225 | 76374 | 77062 | 77573 | 78389 | 79261 |
| 75226 | 76380 | 77063 | 77575 | 78390 | 79311 |
| 75227 | 76384 | 77064 | 77577 | 78391 | 79312 |
| 75228 | 76388 | 77065 | 77578 | 78393 | 79313 |
| 75229 | 76424 | 77066 | 77581 | 78401 | 79316 |
| 75230 | 76435 | 77067 | 77582 | 78402 | 79322 |
| 75231 | 76436 | 77068 | 77583 | 78404 | 79323 |
| 75232 | 76437 | 77069 | 77584 | 78405 | 79324 |
| 75233 | 76442 | 77070 | 77585 | 78406 | 79325 |
| 75234 | 76443 | 77071 | 77586 | 78407 | 79326 |
| 75235 | 76445 | 77072 | 77587 | 78408 | 79329 |
| 75236 | 76448 | 77073 | 77590 | 78409 | 79331 |
| 75237 | 76454 | 77074 | 77591 | 78410 | 79336 |
| 75238 | 76455 | 77075 | 77597 | 78411 | 79339 |
| 75240 | 76457 | 77076 | 77598 | 78412 | 79342 |
| 75241 | 76458 | 77077 | 77611 | 78413 | 79343 |
| 75243 | 76460 | 77078 | 77613 | 78414 | 79345 |
| 75244 | 76464 | 77079 | 77615 | 78415 | 79346 |
| 75246 | 76466 | 77080 | 77617 | 78416 | 79347 |
| 75247 | 76470 | 77081 | 77619 | 78417 | 79350 |
| 75248 | 76471 | 77082 | 77622 | 78418 | 79351 |
| 75249 | 76475 | 77083 | 77623 | 78501 | 79355 |
| 75251 | 76481 | 77084 | 77625 | 78503 | 79356 |
| 75253 | 76483 | 77085 | 77627 | 78504 | 79357 |
| 75270 | 76491 | 77086 | 77629 | 78516 | 79359 |
| 75401 | 76504 | 77087 | 77630 | 78520 | 79364 |
| 75417 | 76511 | 77088 | 77632 | 78521 | 79369 |
| 75418 | 76518 | 77089 | 77640 | 78526 | 79370 |
| 75426 | 76520 | 77090 | 77642 | 78537 | 79371 |
| 75428 | 76525 | 77091 | 77650 | 78538 | 79373 |
| 75431 | 76528 | 77092 | 77651 | 78539 | 79376 |
| 75435 | 76530 | 77093 | 77655 | 78543 | 79379 |
| 75441 | 76531 | 77094 | 77656 | 78549 | 79381 |
| 75446 | 76550 | 77095 | 77657 | 78550 | 79401 |
| 75448 | 76569 | 77096 | 77659 | 78552 | 79403 |
| 75449 | 76577 | 77098 | 77662 | 78557 | 79404 |
| 75469 | 76628 | 77099 | 77663 | 78558 | 79405 |
| 75470 | 76629 | 77301 | 77665 | 78559 | 79406 |
| 75475 | 76632 | 77327 | 77701 | 78560 | 79411 |
| 75477 | 76634 | 77336 | 77702 | 78562 | 79412 |
| 75481 | 76635 | 77338 | 77703 | 78563 | 79501 |
| 75487 | 76639 | 77339 | 77705 | 78565 | 79502 |
| 75496 | 76645 | 77345 | 77706 | 78566 | 79505 |
| 75550 | 76648 | 77346 | 77707 | 78569 | 79506 |
| 75554 | 76649 | 77368 | 77708 | 78570 | 79512 |
| 75556 | 76660 | 77369 | 77713 | 78572 | 79517 |
| 75559 | 76661 | 77373 | 77803 | 78575 | 79518 |
| 75562 | 76664 | 77374 | 77837 | 78576 | 79526 |
| 75563 | 76666 | 77375 | 77853 | 78577 | 79527 |
| 75564 | 76667 | 77376 | 77857 | 78578 | 79528 |
| 75568 | 76670 | 77379 | 77859 | 78579 | 79532 |
| 75602 | 76678 | 77388 | 77901 | 78580 | 79534 |
| 75633 | 76680 | 77389 | 77904 | 78583 | 79539 |
| 75654 | 76685 | 77396 | 77905 | 78586 | 79543 |
| 75656 | 76690 | 77401 | 77950 | 78589 | 79544 |
| 75667 | 76693 | 77414 | 77951 | 78592 | 79546 |
| 75669 | 76701 | 77415 | 77954 | 78593 | 79547 |
| 75681 | 76704 | 77417 | 77957 | 78594 | 79548 |
| 75684 | 76705 | 77419 | 77960 | 78595 | 79549 |
| 75702 | 76706 | 77420 | 77961 | 78596 | 79556 |
| 75759 | 76707 | 77422 | 77962 | 78597 | 79560 |
| 75766 | 76708 | 77428 | 77963 | 78598 | 79566 |
| 75785 | 76711 | 77429 | 77964 | 78622 | 79567 |
| 75838 | 76798 | 77430 | 77968 | 78629 | 79601 |
| 75848 | 76801 | 77432 | 77969 | 78648 | 79607 |
| 75856 | 76821 | 77433 | 77970 | 78661 | 79718 |
| 75925 | 76823 | 77434 | 77971 | 78672 | 79719 |
| 75934 | 76832 | 77435 | 77973 | 78702 | 79730 |
| 75935 | 76834 | 77437 | 77975 | 78721 | 79731 |
| 75956 | 76837 | 77440 | 77977 | 78742 | 79735 |
| 75968 | 76842 | 77441 | 77978 | 78830 | 79741 |
| 75972 | 76844 | 77443 | 77979 | 78834 | 79745 |
| 75975 | 76848 | 77444 | 77982 | 78839 | 79752 |
| 75976 | 76849 | 77446 | 77983 | 78851 | 79772 |
| 76001 | 76853 | 77447 | 77988 | 78860 | 79781 |
| 76002 | 76854 | 77448 | 77990 | 78872 | 79782 |
| 76006 | 76856 | 77449 | 77991 | 78880 | 79785 |
| 76008 | 76859 | 77450 | 77994 | 78881 | 79830 |
| 76010 | 76861 | 77451 | 77995 | 78938 | 79837 |
| 76011 | 76864 | 77454 | 78008 | 78941 | 79842 |
| 76012 | 76878 | 77455 | 78012 | 78943 | 79843 |
| 76013 | 76901 | 77456 | 78014 | 78956 | 79848 |
| 76014 | 76903 | 77457 | 78019 | 78959 | 79854 |
| 76015 | 76930 | 77458 | 78022 | 78962 | 79855 |
| 76016 | 76932 | 77459 | 78040 | 79001 | 79901 |
(d) Factors and methodology. In determining the areas designated as underserved, the Commissioner shall consider whether residential property insurance is not reasonably available to a substantial number of owners of insurable residential property in a specific geographic area and any other relevant factors as determined by the Commissioner. The determination of the areas to be designated as underserved is based on the factors and methodology outlined in this subsection.
(1) There is no single comprehensive measure of whether residential property insurance is or is not reasonably available or is or is not potentially reasonably available to a substantial number of owners of insurable property either on a statewide basis or in any particular area of the state. The Commissioner has identified characteristics of particular geographic areas which are likely to be associated with greater difficulty by consumers in obtaining residential property insurance.
(2) Geographic factors based on weather-related loss exposure and the resulting underwriting restrictions used by insurers writing residential property insurance in Texas that would limit the availability of residential property insurance coverages to a greater extent in some geographic areas than in others are as follows:
(A) Tier 1 and Tier 2 coastal counties. One type of weather-related loss exposure concerns the potential for catastrophic hurricanes and other types of windstorms in the First Tier Coastal Counties (Tier 1) and Second Tier Coastal Counties (Tier 2), as defined in Article 21.49 §3 (l) and (m), and the inability of residents to obtain windstorm and hail insurance through the voluntary market in these areas. The Commissioner has determined that the location of a ZIP Code in the geographic areas that comprise the Tier 1 and Tier 2 coastal counties is a factor to be used in determining whether an area is an underserved area for purposes of Article 5.13-2C. ZIP Codes located along the coast, Tiers 1 and 2, are assigned five points.
(B) Dallas and Tarrant Counties. A second geographic area that has historically been affected by weather-related loss exposure underwriting factors is Dallas and Tarrant counties. Due to the frequency and severity of hail storms and the ensuing claims in these counties, insurers have restricted their writing of residential property insurance and have limited the availability of certain property insurance coverages in these counties. Based on this lack of availability of residential property insurance to a substantial number of owners of insurable property in Dallas and Tarrant counties, the Commissioner has determined that the location of a ZIP Code in these counties be considered a factor in determining whether an area is underserved for purposes of Article 5.13-2C. ZIP Codes located in Dallas or Tarrant counties, are assigned five points.
(3) The specific demographic factors and the points assigned are as follows:
(A) ZIP Codes with median household incomes of $36,000 or less are assigned one point.
(B) ZIP Codes with median value of owner-occupied dwellings of $75,000 or less are assigned one point.
(C) ZIP Codes with a median year built of 1974 or earlier are assigned one point.
(D) ZIP Codes with percentages of insured households of less than 50% are assigned one point.
(4) Market share of a set of insurer groups is a factor that correlates with the availability of residential property insurance. The department examined data reported by insurers pursuant to the Texas Statistical Plan for Residential Risks and determined the insurer groups that account for at least 90% of the cumulative market share of residential property insurance policies written on a state wide basis. The department then analyzed data for each of the geographic ZIP Codes in Texas (excluding single point ZIP Codes) and calculated the cumulative market share written by the same insurer groups for each of the individual ZIP Codes. The cumulative market share for each individual ZIP Code was then compared to the state wide cumulative market share of 90%. If the cumulative market share for an individual ZIP Code is less than 90%, then this ZIP Code will receive one point.
(5) Based on the factors and points specified in paragraphs (2), (3), and (4) of this subsection, the number of points assigned were totaled by ZIP Code. Areas with five or more points were identified as underserved or potentially underserved and generally designated as underserved areas in subsection (c) of this section. To be underserved a ZIP Code can meet any one of the geographic based criteria or it must meet all four of the demographic based criteria and the market share criteria.
(e) Required certification of exemption to the Department.
(1) An insurer that may be entitled to the exemption from the insurance rate filing and approval requirements of Article 5.142 or Article 5.13-2 of the Insurance Code, pursuant to the provisions of Article 5.13-2C of the Insurance Code, shall file with the Department a Certification of Article 5.13-2C Exemption Compliance (EC-1) form at least ten days preceding the date an insurance rate filing would be otherwise required by the insurer under Article 5.142 or Article 5.13-2.
(2) The Certification of Article 5.13-2C Exemption Compliance ( EC-1) form is provided by the Department for use by insurers seeking an exemption from rate filing and approval requirements pursuant to Article 5.13-2C. This form may be obtained from the Texas Department of Insurance website http:/www.tdi.state.tx.us or by requesting such form from the Property and Casualty Actuarial Division, Mail Code 105-5, P.O. Box 149104, Austin, TX 78714-9104. For purposes of this section, in lieu of submitting a form provided by the department, an insurer may submit to the department the insurer´s own form if the form contains the same information that is required and contained in the form provided by the department. All Application for Article 5.13-2 Exemption forms must be submitted to the Texas Department of Insurance, Property and Casualty Intake Unit, Mail Code 104-3B, P.O. Box 149104, Austin, TX 78714-9104.