28 TAC §§3.1 - 3.21
The Texas Department of Insurance proposes the repeal of Subchapter A, §§3.1 -3.21, concerning requirements for filings. Contemporaneously with this proposed repeal, proposed new Subchapter A, §§3.1 - 3.8 are published elsewhere in this issue of the Texas Register. This proposed repeal is necessary so that proposed new Subchapter A, §§3.1 - 3.8 may be adopted which will streamline and clarify the overall process by which policy forms, certificates, riders, amendments, and endorsements for life, accident and health insurance and annuities are filed with the department for statutory and regulatory review and approval.
Angelia Johnson, Deputy Commissioner of Filings Intake Division, Life, Health and Licensing Program, has determined that for each year of the first five years the proposed repeal is in effect, there will be no fiscal impact to state and local governments as a result of the enforcement or administration of the rules. There will be no effect on local employment or the local economy as a result of the proposal.
Ms. Johnson has determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit as a result of the proposed repeal will be clarification and simplification of the process by which forms are filed with the department for review and processing. The proposed repeal will have no adverse economic effect on small businesses or micro-businesses. Therefore, the department does not believe it legal or feasible to waive the requirements of the proposed repeal for small businesses or micro-businesses.
To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on January 6, 2003 to Gene C. Jarmon, Acting General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comment must be simultaneously submitted to Bill Bingham, Deputy for Regulatory Matters, Life, Health and Licensing Program, Mail Code 107-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any requests for a public hearing should be submitted separately to the office of the Chief Clerk.
The repeal of §§3.1 - 3.21 is proposed under Insurance Code, Article 3.42 and §36.001. Article 3.42(p) provides that the commissioner is authorized to adopt such reasonable rules as are necessary to implement and accomplish the specific provisions of Article 3.42. Section 36.001 authorizes the commissioner of insurance to adopt rules for the conduct and execution of the powers and duties of the department as authorized by statute.
The Article affected by this proposal is: Insurance Code Article 3.42
§3.1. Scope of Subchapter.
§3.2. Adoption by Reference of Department Forms Utilized in the Review Process.
§3.3. General Submission Requirements.
§3.4. Regular and General Review Process.
§3.5 Expedited Review Process.
§3.6. Corrections to Pending Forms.
§3.7. Resubmissions of Previously Disapproved Forms.
§3.8. Submission of Exempt Forms.
§3.9. Submission of Exact Copies.
§3.10. Substitutions of Previously Approved Forms.
§3.11. Submission of Prototype Forms.
§3.12. Specific Additional Information and Submission Requirements for All Product Types.
§3.13. Specific Additional Information and Submission Requirements for All Life and Annuity Forms.
§3.14. Specific Additional Information and Submission Requirements for Group Life, Group Accident and Health, and Group Annuity Forms.
§3.15. Specific Additional Information and Submission Requirements for Individual Accident and Health Forms.
§3.16. Specific Additional Information and Submission Requirements for Credit Life and Disability Forms.
§3.17. Miscellaneous Requirements.
§3.18. Filing Forms.
§3.19. Pending Status.
§3.21. Effective Date.