28 TAC §19.803
1. INTRODUCTION. The Texas Department of Insurance proposes the repeal of §19.803, concerning license renewal fees for agents, adjusters, and other licensees. The proposed repeal is necessary to eliminate existing §19.803. That section was necessary to provide for the continuation of certain renewal fees until new fees became effective on November 1, 2002. As stated in §19.803(a), the fee structure in §19.802 applies to all licenses renewed on or after November 1, 2002. Therefore, §19.1803 has no further continuing application and, as such, is unnecessary and obsolete. Simultaneously but unrelated to this proposed repeal, the Department is also proposing amendments to §§19.801, 19.802, and 19.1002, to implement SB 1263, 80th Legislature, Regular Session, effective September 1, 2007, relating to regulation and licensing of certain insurance agents. Although both proposals concern Chapter 19, Subchapter I of this title (relating to Licensing Fees), this proposal is not affected by the proposed amendments, which were published in the September 7, 2007 issue of the Texas Register.
2. FISCAL NOTE. Matt Ray, Deputy Commissioner, Licensing 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. 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 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 or micro businesses and large businesses.
4. TAKINGS IMPACT ASSESSMENT. The Department has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.
5. REQUEST FOR PUBLIC COMMENT. To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on October 8, 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 Matt Ray, Deputy Commissioner, Licensing Division, Mail Code 107-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any request for a public hearing should be submitted separately to the Office of the 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.
6. STATUTORY AUTHORITY. The repeal is proposed under Insurance Code §§4001.005, 4001.006, 4003.004, and 36.001. Section 4001.005 authorizes the Commissioner to adopt rules necessary to implement Insurance Code, Title 13. Section 4001.006 authorizes the Department to set and collect a nonrefundable license fees from agents licensed under the Insurance Code. Section 4003.004(a) authorizes the Department to set license renewal fees. 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 the state.
7. CROSS REFERENCE TO STATUTE. The following statutes are affected by the proposal:
Rule No. Statute
§19.803 Insurance Code §§4001.005, 4001.006, and
4003.004
8. TEXT.
§19.803. License Renewal Fees.