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Texas Department of Insurance
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28 TAC §§34.718 - 34.723

1. INTRODUCTION . The Texas Department of Insurance proposes the repeal of §§34.718 - 34.723, concerning fire protection sprinkler rules. The repeal of these sections will allow for the proposal of new and amended rules that reorganize and renumber the sections and provide for the addition of new rules. Notice of the new and amended §§34.718-34.725, concerning the same general subject matter and concerning new installation and inspection labels, appears elsewhere in this issue of the Texas Register.

2. FISCAL NOTE . Paul Maldonado, State Fire Marshal, 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.

3. PUBLIC BENEFIT/COST NOTE . Mr. Maldonado has also determined that for each year of the first five years the repeal of the sections is in effect, the public benefit anticipated as a result of the administration and enforcement of the repealed sections will be the reorganization of these sections which will result in added safety through the increased efficiency of the registered firms who install and service fire protection sprinkler systems and in making it easier for fire protection sprinkler system firms and local fire officials to locate the necessary requirements for compliance with fire protection sprinkler system installation and servicing regulations as well as to more accurately document the performance and status of fire protection sprinkler systems. There is no anticipated economic cost to persons who are required to comply with the proposed repeal. There is no anticipated difference in cost of compliance between small and large businesses.

4. REQUEST FOR PUBLIC COMMENT . To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on December 4, 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 Paul Maldonado, State Fire Marshal, Texas Department of Insurance, P.O. Box 149221 , Mail Code 108-FM, Austin , Texas 78714‑9221. A request for a public hearing must be submitted separately to the Office of Chief Clerk.

5. STATUTORY AUTHORITY . Repeal of §§34.718 - 34.723 is proposed pursuant to the Insurance Code Article 5.43-3 and §36.001. Article 5.43-3, §3 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. CROSS REFERENCE TO STATUTE . The proposed repeal affects the following statute: Insurance Code Article 5.43-3.

7. TEXT .

§34.718. Service Tags.

§34.719. Yellow Tags.

§34.720. Red Tags.

§34.721. Enforcement.

§34.722. Administrative Actions.

§34.723. Severability.

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