CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96
The Commissioner of Insurance will consider a petition by the staff of the Texas Department of Insurance to amend the Texas Private Passenger Automobile Statistical Plan (Stat Plan) Quarterly Market Report (QMR). Proposed changes are necessary to implement reporting of Group 2 vehicle experience in order for TAIPA to have more complete and accurate information for assignment quota and assessment purposes. Group 2 "other private passenger automobile business" vehicles are subject to assignment through the Texas Automobile Insurance Plan Association (TAIPA) in the same fashion as Group 1 "regular private passenger automobiles". However, no complete data on the numbers of Group 2 vehicles insured are collected by the QMR or by any other report required by the Stat Plan. Staff´s petition (Ref. A-0904-16-I) was filed on September 14, 2004.
A public hearing on this matter will not be held unless a separate request for a hearing is submitted to the Office of the Chief Clerk during the comment period as defined herein.
Staff proposes amendments to the Stat Plan as follows:
Quarterly Market Report:
- amend and add codes under Section 4 - Experience To Be Reported to include Group 2 vehicles.
- amend and add codes under Section 7 - Policy and Membership Fees to include Group 2 vehicles.
- amend Section 13 - Summary Reporting by Driver Class to not be limited to Group 1 vehicles.
- amend and add codes under Numeric Field 15 of the Record Layout and Field Definitions to include Group 2 vehicles.
- amend and add codes under Numeric Field 40-48 of the Record Layout and Field Definitions to include Group 2 vehicles.
Staff requests that the proposed amendments be mandatory effective with the first quarter 2005 statistical plan reporting requirements.
The Commissioner has jurisdiction of this matter pursuant to the Insurance Code Article 5.96 and §§ 38.204 and 38.207.
Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at 512-463-6327 (refer to Ref. No. A-0904-16-I).
Comments on the proposed amendments must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P. O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comments should be submitted to C.H. Mah, Senior Associate Commissioner for Property & Casualty, P. O. Box 149104, MC105-5G, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, ch. 2001).