28 TAC §§19.201 - 19.204 and §§19.211-19.212
SUBCHAPTER D. WRITTEN EXAMINATION FOR APPLICANTS FOR ACCIDENT AND HEALTH INSURANCE AGENTS LICENSE UNDER THE INSURANCE CODE, ARTICLE 21.07-1,§16
28 TAC§§19.301 19.304 and §19.311
SUBCHAPTER E. LICENSING OF NONRESIDENT AGENTS UNDER THE INSURANCE CODE, ARTICLE 21.07
28 TAC§19.401
SUBCHAPTER F. LICENSING OF LOCAL RECORDING AGENTS AND SOLICITORS
28TAC §19.501
The Texas Department of Insurance proposes repeal of Subchapter C, §§19.201 - 19.204 and §§19.211 - 19.212, concerning written examination for applicants for license to write insurance upon any one life in excess of $10,000 under the Insurance Code Article 21.07, §4A; Subchapter D, §§19.301 - 19.304 and §19.311, concerning written examination for applicants for accident and health insurance agents license under Article 21.07-1, §16; Subchapter E, §19.401, concerning licensing of nonresident agents under Article 21.07; and Subchapter F, §19.501, concerning licensing of local recording agents and solicitors under Article 21.14, §5a.
Repeal of Subchapters C, D, E and F is necessary because of various legislative changes that occurred as a result of Senate Bill 414 (SB 414), §§8.01 and 3.01 enacted by Acts, 2001, 77 th Legislature, which make the subchapters no longer applicable. SB 414 repealed the license to write insurance upon any one life in excess of $10,000 under Article 21.07, §4A making the rules in Subchapter C unnecessary. SB 414 repealed the examination requirement for accident and health insurance agents under Article 21.07-1, §16, eliminating the need for the rules under Subchapter D. SB 414 repealed the requirement for nonresident agents under Article 21.07 and established new requirements under Article 21.11, which are not applicable to the rule in Subchapter E. SB 414 also eliminated the Article 21.14, §5a requirement concerning knowledge or instruction for local recording agent´s license, making the rules in Subchapter F unnecessary.
Matt Ray, deputy commissioner, licensing division, has determined that during the first five years that the proposed repeal is in effect, there will be no fiscal impact on state or local government as a result of enforcing or administering the sections. There will be no measurable effect on local employment or the local economy as a result of the proposal.
Mr. Ray has also determined that for each year of the first five years the repeal is in effect, the anticipated public benefit will be the removal of obsolete and potentially confusing provisions from the Texas Administrative Code. There is no anticipated economic cost to persons as a result of the proposed repeal. There is no anticipated difference in cost of compliance between small and large businesses.
To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on January 6, 2005 to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comment must be simultaneously submitted to Matt Ray, Deputy Commissioner, Licensing Division, Mail Code 107-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. A request for a public hearing must be submitted separately to the Office of Chief Clerk.
Repeal of §§19.201 - 19.204, 19.211 - 19.212, 19.301 - 19.304, 19.311, 19.401, and 19.501 are proposed pursuant to the Insurance Code Article 21.01 and §36.001. Article 21.01, §4 provides that the commissioner may adopt rules as necessary to implement this subchapter and to meet the minimum requirements of federal law and regulations. 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.
The proposed repeal affects regulation pursuant to the following statutes: Insurance Code Articles 21.01, 21.07, 21.07-1, 21.14, and 21.11
Subchapter C. Written Examination for Applicants for License to Write Insurance Upon Any One Life in Excess of $10,000 Under the Insurance Code, Article 21.07, §4A
§19.201. Purpose.
§19.202. Fees for Examination.
§19.203. Schedules.
§19.204. Applying and Qualifying for Examination
§19.211. Examination Requirement Waived Under Certain Circumstances
§19.212 Circumstances Under Which Insurance Carriers May Be Permitted ToConduct Written Examinations of Their Own Agents.
§19.301. Purpose.
§19.302. Fees for Examination.
§19.303. Schedules.
§19.304 Applying and Qualifying for Examination
§19.311. Circumstances Under Which a Written Examination Is Not Required.
§19.401. Licensing of Nonresident Agents under the Insurance Code, Article 21.07.
§19.501. Educational Requirements, Local Recording Agents.