Texas Department of Insurance

Rule Review Plan

Texas Department of Insurance (TDI) rules which are codified in Part I of Title 28 of the Texas Administrative Code will be reviewed on a regular basis to identify rules that are unnecessary, as well as rules that can be revised, consolidated, or otherwise clarified. The review of rules under this policy will include, at a minimum, an assessment of whether the reason for adopting or readopting each rule continues to exist. Texas Government Code §2001.039.

Approximately one-half of TDI rules will be reviewed every even-numbered year. A review of all rules which became final before September 1, 1997, will be completed no later than August 31, 2001. A chapter that is added after the date of this policy and plan will be reviewed within four years of its adoption. Every rule will be reviewed at least once every four years. The review of TDI rules will proceed as follows:

Year 1 (1998, 2002, etc.)

Chapter 1, General Administration;

Chapter 5, Property and Casualty Insurance;

Chapter 7, Corporate and Financial Regulation;

Chapter 8, Early Warning System for Insurers in Hazardous Condition;

Chapter 9, Title Insurance;

Chapter 13, Miscellaneous Insurance;

Chapter 15, Surplus Lines Insurance;

Chapter 19, Agents Licensing;

Chapter 21, Trade Practices.

Year 2 (2000, 2004, etc.)

Chapter 3, Life, Accident and Health Insurance and Annuities;

Chapter 11, Health Maintenance Organizations;

Chapter 12, Independent Review Organizations;

Chapter 23, Prepaid Legal Service;

Chapter 25, Insurance Premium Finance;

Chapter 26, Small Employer Health Insurance Regulations;

Chapter 28, Supervision and Conservation;

Chapter 29, Guaranty Acts;

Chapter 31, Liquidation;

Chapter 33, Continuing Care Retirement Facilities;

Chapter 34, State Fire Marshal.

The review of rules under this policy will be coordinated by the Legal and Compliance Division of TDI in cooperation with TDI's Chief Clerk and General Counsel.

Before beginning the rule review process under this policy, TDI will file with the Texas Register a notice of intention to review rules in accordance with procedures established by the Texas Register Division of the Secretary of State's office. Texas Government Code §2001.039; Texas House Bill 1, Article IX, §9-10.13, 76th Texas Legislature, Regular Session (1999).

If, as a result of the review provided for in this policy, a rule is identified for repeal, revision or consolidation, an effort will be made to publish the notice of proposed repeal, amendment, or consolidation of the rule in the Texas Register in accordance with the Administrative Procedure Act on or before September 1 of the specified year.

TDI will cause notice of this policy and plan to be published in the Texas Register no later than August 31, 2000. Texas Senate Bill 178, §1.11(b), 76th Texas Legislature, Regular Session (1999).

Nothing in this policy and plan shall be construed to prohibit an Associate Commissioner from directing that the rules for which his or her division is primarily responsible be reviewed more often or sooner than specified in this policy.