28 TAC §5.9700
1. INTRODUCTION. The Texas Department of Insurance proposes repeal of Subchapter Q and §5.9700, concerning the fee schedule for the Department's statistical agent, Acxiom Corporation. This subchapter and section, which provide for the fee schedule for this statistical agent contractor to provide collection, maintenance, and reporting of the statistical data reported by insurance companies under each of the Department's statistical plans, are not necessary because the Department no longer contracts with this statistical agent. Insurance Code §38.206, which allows statistical agents to collect fees, further obviates the need for the subchapter and the section. The Department identified this subchapter and section for repeal as part of the Department's ongoing review of existing rules pursuant to Government Code §2001.039.
2. FISCAL NOTE. Gary Gola, Director, Data Services, Property and Casualty Division, 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. 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. Gola has also determined that for each year of the first five years that the proposed repeal is in effect, the anticipated public benefit will be the removal of obsolete and potentially confusing provisions from the Texas Administrative Code. 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 July 30, 2007 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 comment must be simultaneously submitted to Gary Gola, Director, Data Services, Property and Casualty Division, Mail Code 105-5S, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any request for a public hearing must be submitted separately to the Office of Chief Clerk before the close of the public comment period. If a hearing is held, written and oral comments presented at the hearing will be considered.
5. STATUTORY AUTHORITY. The repeal of Subchapter Q and §5.9700 is proposed pursuant to Insurance Code §36.001, which 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 §38.206.
7. TEXT.
SUBCHAPTER Q. INDEPENDENT DATA
§5.9700 . Fee Schedule.