TITLE 28.INSURANCE

Part 1. TEXAS DEPARTMENT OF INSURANCE

Chapter 1. GENERAL ADMINISTRATION

Subchapter C. MAINTENANCE TAXES AND FEES

28 TAC §1.414

The Commissioner of Insurance adopts an amendment to §1.414 concerning assessment of maintenance taxes and fees for payment in the year 2005. The amended section is adopted without changes to the text as proposed in the November 19, 2004, issue of the Texas Register (29 TexReg 10682).

The amendment is necessary to adjust the rates of assessment for maintenance taxes and fees for 2005 which will provide the revenue necessary to fund appropriations made by the Legislature to fund regulation of the insurance industry in Texas by the department.

Section 1.414 sets rates of assessment and applies those rates to the gross premium receipts for the calendar year 2004, or some other basis designated by statute, to life, accident, and health insurance; motor vehicle insurance; casualty insurance, and fidelity, guaranty and surety bonds; fire insurance and allied lines, including inland marine; workers' compensation insurance; title insurance; health maintenance organizations; third party administrators; and corporations issuing prepaid legal services contracts. The department anticipates the adopted rates will produce revenue of $34,124,137 to the state's general revenue fund.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Insurance Code Articles 4.17, 5.12, 5.24, 5.49, 5.68, 9.46, 20A.33, 21.07-6 §21 and 23.08A, and §36.001. These articles provide authorization for the Texas Department of Insurance to assess maintenance taxes and fees for the lines of insurance and related activities specified in §1.414. Article 4.17 establishes a maintenance tax based on insurance premiums for life, accident, and health coverage and the gross considerations for annuity and endowment contracts. Article 5.12 establishes a maintenance tax based on insurance premiums for motor vehicle coverage. Article 5.24 establishes a maintenance tax based on insurance premiums for casualty insurance and fidelity, guaranty and surety bonds coverage. Article 5.49 establishes a maintenance tax based on insurance premiums for fire and allied lines coverage, including inland marine. Article 5.68 establishes a maintenance tax based on insurance premiums for workers' compensation coverage. Article 9.46 establishes a maintenance fee based on insurance premiums for title coverage. Article 20A.33 establishes an annual tax based on the gross amounts of revenues collected for the issuance of health maintenance certificates or contracts. Article 21.07-6 §21 establishes a maintenance tax based on the gross amount of administrative or service fees for third party administrators. Article 23.08A establishes a maintenance tax based on gross revenue of corporations issuing prepaid legal service contracts. Section 36.001 provides that the Commissioner 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2004.

TRD-200407465

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Effective date: January 11, 2005

Proposal publication date: November 19, 2004

For further information, please call: (512) 463-6327


Chapter 7. CORPORATE AND FINANCIAL REGULATION

Subchapter J. EXAMINATION EXPENSES AND ASSESSMENTS

28 TAC §7.1012

The Commissioner of Insurance adopts an amendment to §7.1012 concerning assessments to cover the expenses of examining insurance companies. The amendment is adopted without changes to the text as proposed in the November 19, 2004, issue of the Texas Register (29 TexReg 10693) and will not be republished.

The amendment is necessary to provide a rate of assessment for domestic and foreign insurance company examination expenses in 2005 which will provide the revenue necessary to fund the appropriations made by the Legislature.

Section 7.1012 provides the method and rates of assessment for examination expenses of foreign and domestic insurance companies. Rates of assessment are levied against and collected from each domestic insurance company based on admitted assets and gross premium receipts for the 2004 calendar year, and from each foreign insurance company examined during the calendar year 2005 based on a percentage of the gross salary paid to an examiner for each month or part of a month during which the examination is made. The department anticipates that the adopted rate will produce revenue of $1,481,201 to the state’s general revenue fund. The expenses and charges to be assessed are in addition to, and not in lieu of, any other charge which may be made under the law, including the Insurance Code Article 1.16.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Insurance Code Article 1.16 and §36.001. Article 1.16(a) and (b) authorize the Commissioner of Insurance to make assessments necessary to cover the expenses of examining insurance companies and to comply with the provisions of the Insurance Code Articles 1.16, 1.17, and 1.18, in such amounts as the Commissioner certifies to be just and reasonable. In addition, Article 1.16(c) provides that expenses incurred in the examination of foreign insurers by Texas examiners shall be collected by the Commissioner by assessment. Section 36.001 provides that the Commissioner 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2004.

TRD-200407466

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Effective date: January 11, 2005

Proposal publication date: November 19, 2004

For further information, please call: (512) 463-6327


Chapter 25. INSURANCE PREMIUM FINANCE

Subchapter E. EXAMINATIONS AND ANNUAL REPORTS

28 TAC §25.88

The Commissioner of Insurance adopts an amendment to §25.88 concerning an assessment which will be used to cover the general administrative expense of insurance premium finance companies. The amendment is adopted without changes to the text as proposed in the November 19, 2004, issue of the Texas Register (29 TexReg 10694) and will not be republished.

The amendment is necessary to adjust the rate of assessment so that it is sufficient to meet the expenses of performing the department's statutory responsibilities for examining, investigating, and regulating insurance premium finance companies.

The department levies the rate of assessment established in the section to cover the 2005 fiscal year’s general administrative expense and collect the assessment from each insurance premium finance company on the basis of a percentage of total loan dollar volume for the 2004 calendar year. The department estimates that $113,710 will be collected for the state's general revenue fund.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Insurance Code Articles 24.06(c), 24.09, and §36.001. Article 24.06(c) provides that each insurance premium finance company licensed by the department shall pay an amount assessed by the department to cover the direct and indirect cost of examinations and investigations and a proportionate share of general administrative expense attributable to regulation of insurance premium finance companies. Article 24.09 authorizes the department to adopt and enforce rules necessary to carry out provisions of the Insurance Code concerning the regulation of insurance premium finance companies. Section 36.001 provides that the Commissioner 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2004.

TRD-200407467

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Effective date: January 11, 2005

Proposal publication date: November 19, 2004

For further information, please call: (512) 463-6327