28 TAC §§19.1801 - 19.1807
1. INTRODUCTION. The Texas Department of Insurance proposes 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 necessary because the Department is proposing for adoption 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.
The Department anticipates that the proposal will be effective no earlier than 90 days following the date the proposal is adopted by the Commissioner. The Department is requesting input from commenters on the most viable effective date. The actual effective date will then be determined following the review and consideration of all comments.
2. FISCAL NOTE. Matt Ray, Deputy Commissioner, Licensing Division, has determined that for each year of the first five years the proposal will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. There will be no anticipated effect on local employment or the local economy as a result of the proposal.
3. PUBLIC BENEFIT/COST NOTE. Mr. Ray has determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit will be the adoption of a new requirement that will enable the Department to conduct a more thorough and comprehensive review of an individual's suitability to hold a license, permit, or other authorization, or to control a licensed entity. There is no anticipated economic costs to persons who are required to comply with the proposed repeal. There will be no effect on small or micro 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 September 5, 2006 to Gene C. Jarmon, 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 comments must be simultaneously submitted to Matt Ray, Deputy Commissioner, Licensing Division, Mail Code 107-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.
The Commissioner will consider the adoption of the proposed amendments and new sections in a public hearing under Docket No. 2647 scheduled for September 6, 2006 at 10:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. Written and oral comments presented at the hearing will be considered.
5. STATUTORY AUTHORITY. Repeal of Subchapter S, §§19.1801 - 19.1807, is proposed pursuant to the Insurance Code Chapters 801, 4001, and 36. 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. CROSS REFERENCE TO STATUTE. The following statute is affected by the proposal:
Rule Number Statute
§§19.1801 - 19.1807 Insurance Code Chapters 801 and 4001
§19.1801 General Provisions.
§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.