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You are here: Home . rules . 2006 . 1003e-059

SUBCHAPTER S. FINGERPRINT CARD REQUIREMENT FOR APPLICANTS FOR LICENSE

28 TAC §§19.1801 - 19.1807

1. INTRODUCTION. The Commissioner of Insurance adopts the repeal of Subchapter S, §§19.1801 - 19.1807, concerning fingerprint requirements for applicants for any license, permit, or other authorization issued by the Department to engage in a regulated activity under the Insurance Code . The repeal is adopted without changes to the proposal published in the August 4, 2006 issue of the Texas Register (31 TexReg 6180).

2. REASONED JUSTIFICATION. The repeal is necessary because the Department is adopting new fingerprint submission requirements in amended §1.501 and new §§1.503 - 1.509, which are also published in this edition of the Texas Register.

In the proposal the Department solicited comments as to whether having the repeal become effective no earlier than 90 days following the date the repeal is adopted by the Commissioner was a viable effective date. The Department received no comments concerning the effective date and thus considers that the 90 day time period for implementation is adequate. The Department also considers a date certain to be the most effective means for determining when individuals will be required to comply with the new fingerprint requirements, and therefore, the Department has determined that this repeal shall be effective January 1, 2007, the same date on which the new fingerprint requirements adopted in amended §1.501 and new §§1.503 - 1.509 become effective.

3. HOW THE SECTIONS WILL FUNCTION. The repeal of these sections will allow the Department to implement a new fingerprint requirement being adopted by the Department in amended §1.501 and new §§1.503 - 1.509, which are also published in this edition of the Texas Register.

4. SUMMARY OF COMMENTS. The Department did not receive any comments on the proposed repeal.

5. STATUTORY AUTHORITY. The repeal of Subchapter S, §§19.1801 - 19.1807, is adopted pursuant to the Insurance Code §§801.056, 4001.103, 4001.005, and 36.001. Section 801.056 authorizes the Department to request a complete set of fingerprints from individual applicants for any license, permit, or other authorization issued by the Department to engage in a regulated activity under the Insurance Code. Section 4001.103 authorizes the Department to request a complete set of fingerprints from any applicant for any authorization, including a license or permit, issued under Insurance Code Title 13. Section 4001.005 authorizes the Commissioner to adopt rules necessary to implement Insurance Code Title 13. 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.

§19.1801 General Provisions.

§19.1802 Definitions.

§19.1803 Fingerprint Card Requirement.

§19.1804 Exemptions from Fingerprint Card Requirement.

§19.1805 Nonresident Agents.

§19.1806 Effect of Requirement.

§19.1807 Confidentiality and Custody of Fingerprint Cards.



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