1. INTRODUCTION. The Commissioner of Insurance adopts the repeal of §§34.620 - 34.624, concerning regulation of fire alarms. The repeal of these sections is adopted without changes to the proposal published in the November 4, 2005 issue of the Texas Register (30 TexReg 7183).
2. REASONED JUSTIFICATION. Insurance Code Article 5.43-2 §6 authorizes the Commissioner to appoint an advisory council to periodically review and recommend changes in the rules regulating fire detection and fire alarm devices and systems. The members of the advisory council assisted in the review and formulation of these rules and recommended changes to the Commissioner. It is necessary to repeal §§34.620 - 34.624 to allow for the adoption of amendments and new sections to update the regulations regarding the planning, certifying, leasing, selling, servicing, installing, monitoring, and maintaining of fire detection and fire alarm devices and systems. Notice of the simultaneous adoption of new §§34.620 - 34.626 is also published in this issue of the Texas Register.
The repeal of these sections is effective April 1, 2006.
3. HOW THE SECTIONS WILL FUNCTION. The repeal allows for the adoption of new §§34.620 - 34.624 that reorganize and renumber the sections and provide for the addition of new rules.
4. SUMMARY OF COMMENTS. The Department did not receive any comments on the proposed repeal.
5. STATUTORY AUTHORITY. Repeal of the sections is adopted pursuant to Insurance Code Article 5.43-2 §6 and §36.001. Article 5.43-2 §6 provides that the Commissioner of Insurance may adopt rules necessary for the administration of this article. Section 36.001 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.
§34.620. Installation and Service Labels.
§34.621. Yellow Labels.
§34.622. Red Labels.
§34.623. Enforcement.
§34.624. Severability.