September 26, 1989 

Mr. Fred Toler 

Executive Director 

Texas Commission on Law Enforcement 

Officer Standards and Education 

1606 Headway Circle, Suite 100 

Austin, Texas 78754 

Opinion No. JM-1103 

Re: Which state agency 

is responsible for 

interpreting the provisions of Insurance Code 

article 5.33A regarding 

homeowners premium reductions and related 

questions (RQ-1758) 

Dear Mr. Toler: 

You ask two questions about article 5.33A of the Insurance Code. 

Article 5.33A provides for reductions in homeowners' 

insurance premiums. Section 6 of the article provides 

minimum specifications that the homeowner's property must 

meet to qualify for the premium reduction. The specifications relate to the types of doors, windows and locks 

contemplated to increase the security of the property. 

Section 3 provides that the person seeking the premium 

reduction shall apply to the city or county where the 

property is located and that the city or county shall assign 

an inspector to inspect the property to determine whether it 

meets the requisite specifications for the premium 

reduction. Section 7 provides that the Commission on Law 

Enforcement Officer Standards and Education shall establish 

standards for the inspection program and certify inspectors. 

Section 8 provides the requirements for certification as an 

inspector. 

You ask which state agency, the State Board of Insurance (the board) or the Commission on Law Enforcement 

Officer Standards and Education (the commission), has 

"primary responsibility" for "interpreting" the provisions 

of Insurance Code article 5.33A. 

Insurance Code article 1.10(l) provides that the board 

shall "[s]ee that all laws respecting insurance and 

insurance companies are faithfully executed." Clearly, in 

order to "see that all laws respecting insurance . . . are 

p. 5784 
Mr. Fred Toler - Page 2 (JM-1103) 

faithfully executed" under article 1.10(l), the board would 

have to determine what those laws provided for.1 

Also, we think that the legislature would have contemplated that interpretation of the provisions in question 

in article 5.33A would be more effectively accomplished by 

the board than by the commission, given the board's primary 

concern with insurance matters. Notably, in.this respect, a 

1985 amendment to article 5.33A, section 6(e), empowered the 

board to "set standards for alternative specifications to 

protect a person's property that are at least as effective Q 

as those listed in" section 6. Acts 1985, 69th beg., ch. 

744, 5 1, at 2568. It would be anomalous, we think, for the 

legislature to authorize the board to set alternative 

specifications to those set out in section 6 if it intended 

that the "primary responsibility I1 for determining the import 

of the provisions of section 6 should fall on another 

agency. See also Ins. Code art. 5.33A, § 5 (board to 

establish by rule the amount by which premiums may be 

reduced under the article). 

Section 7 of article 5.33A provides for the duties of 

the commission under the article as follows: 

The commission shall establish standards 

for the inspection program under this 

article, shall adopt rules to carry out the 

inspection program, and shall certify 

inspectors who do the inspections, except 

such certificate shall be limited to the 

specification set forth in Section 6 hereof 

for which the inspector has received 

instruction under Section (8)(b)(3) hereof. 

We think that the legislature intended in section 7 

that the commission's role in implementing article 5.33A be 

limited to setting standards for the inspection of doors 

rather than their composition. Inspectors are assigned to 

inspect the properties of applicants for premium reductions 

by the city or town where the property is located. Id. 5 3. 

Inspectors must be certified by the commission and in order 

to receive certification must be peace officers licensed by 

the commission or building inspectors or other officials 

1. Of course, under our constitution, the ultimate 

responsibility for interpreting laws falls, with certain 

limited exceptions, on the courts. See senerallv Tex. 

Const. art. V, § 1, and authorities cited therein. 

P. 5785 
Mr. Fred Toler - Page 3 (JM-1103) 

designated by 

They must also 

commission or 

the city or county where they will serve. 

have received classroom instruction from the 

an agent of the commission. Id. 58. We 

think that the articles' provisions empower the commission 

to assure that inspectors are qualified to make factual 

determinations in accordance with the boardjs 

interpretations of the article's requirements and to %E 

rules governing the procedures for inspection. We do not 

think that the commission's duties under the above-mentioned 

provisions can be said to include the "primary responsibility" for "interpreting" the provisions of article 5.33A, in 

light of the general provision in article 1.10(l) that the 

board shall "[s]ee that all laws respecting insurance . . . 

are faithfully executed." 

You also ask whether an exterior door may have glass 

panels and still qualify under the requirements of article 

5.33A for the reduction in homeowners' insurance premiums 

provided for in the article. Article 5.33A provides in 

section 6: 

(a) A person's property qualifies for a 

homeowners insurance premium reduction if the 

property meets the following minimum specifications: 

(1) exterior doors must be solid core 

doors that are 1 3/8 inches thick and must be 

secured by dead-bolt locks; 

(2) metal doors must be secured by deadbolt locks: 

(3) double doors must meet the specifications provided by Subdivision (1) of this 

subsection, must have the inactive door 

secured by header and threshold bolts that 

penetrate metal strike plates, and in the 

case of glass located within 40 inches of 

header and threshold bdlts, must have the 

bolts flush-mounted in the edge of the door: 

(4) sliding glass doors must be secured 

by secondary locking devices to prevent 

lifting and prying; 

(5) dutch doors must have concealed 

flush-bolt locking devices to interlock upper 

and lower halves and must be secured by a 

dead-bolt lock; 

P. 5786 
Mr. Fred Toler - Page 4 (JM-1103) 

(6) garage doors must be equipped with 

key-operated locking devices: and 

(7) windows must be secured by auxiliary 

locking devices. 

(b) A dead-bolt lock required by Subsection (a) of this section must lock with 

a minimum bolt throw of one inch that 

penetrates a metal strike plate. If a door 

secured by a dead-bolt lock has breakable 

glass within 40 inches of the lock, the lock 

must be key-operated from both sides unless 

prohibited by life safety codes. 

(c) An auxiliary locking device required 

q;cl~~~section (a) of thi;owI;;tion must 

screws, wooden pinning 

devices, and key-operated locks. in areas in 

which life safety codes permit, metal bars or 

grating, if mounted to prevent easy removal, 

may be substituted for auxiliary locking 

devices. 

(d) Jalousie or louvered windows do not 

meet the specifications of this section 

unless they have metal grating mounted as 

provided by Subsection (c) of this section. 

(e) The Board may adopt rules that set 

standards for alternative specifications to 

protect a personIs property that are ate least 

as effective as those listed in this section. 

Such alternative specifications shall entitle 

a person's property meeting such specifications to a similar homeowners premium reduction under this article. 

Id. 5 6. 

The construction of section 6 of article 5.33A presents 

difficulties. For example, subsection (a)(l) provides that 

"exterior doors must be solid core doors" of a certain 

thickness and Qecured by dead-bolt locks." Subsections 

(a)(2) through (a)(6) provide requirements for "metal," 

"double," "sliding glass," "dutch," and "garage" doors 

without indicating whether such requirements apply only 

where the doors in question are exterior doors. 

Upon reviewing the provisions in their entirety, we 

would be inclined to conclude that the requirements of 

p. 5787 
Mr. Fred Toler - Page 5 (JM-1103) 

subsections (a)(2) through (a)(6) for "metal,1' "double," 

"sliding glass,** "dutch," and "garage" doors apply only 

where such doors are exterior doors. The requirements for 

each of such types of door include provisions for locking 

devices. As a practical matter, we do not think the 

legislature would have intended such requirements to apply 

to other than exterior doors. Clearly, the overall purpose 

of article 5.33A is to allow homeowners8 insurance premium 

discounts to a homeowner for the installation of security 

equipment that would reduce the risk of forced entry into 

the house. a Bill Analysis, H.B. 764, 67th Leg. (1981) 

(adding the article): Bill Analysis, H.B. 1861, 69th Leg. 

(1985) (amending the article). 

Since sliding glass exterior doors might qualify for 

premium reductions under article 5.33A, section 6(a)(4), if 

they meet the other requirements of that section, it would 

seem unlikely that the legislature intended that an 

exterior door would not qualify if it had glass panels. We 

also note that the provisions of subsection (b), requiring 

particular locking devices where 'Ia door secured by a 

dead-bolt lock has breakable glass within 40 inches of the 

lock," id. 5 b, and suggest that an exterior door may have 

glass panels and still meet the premium reduction reguirements. 

Also, you inform us that the State Board of Insurance 

has taken the position that glass in an exterior door does 

not disqualify a homeowner from receiving an insurance 

premium reduction. Because the board has factual knowledge 

of the effectiveness of various security measures ' 

reducing the risks to be insured against, we would it: 

hesitant to challenge their administrative determination. 

Under such circumstances courts ordinarily defer to the 

construction of a statute's term by the appropriate administrative agency. See, e.a 

(construction of provisions'of 

Letter Opinion 88-78 (1988) 

article 179d, V.T.C.S. that 

"fraternal organizationsl' as defined in that article are 

eligible for licensure by the comptroller to conduct bingo 

games). 

SUMMARY 

Of the two agencies, the State Board of 

Insurance and the Commission on Law Enforcement Officer Standards and Education, the 

State Board of Insurance has the "primary 

responsibility" for "interpreting" the provisions of article 5.33A of the Insurance 

Code relating to reductions in homeowners' 

insurance premiums on property meeting 

p. 5788 
Mr. Fred Toler - Page 6 (JM-1103) 

certain security specifications. An exterior 

door may have glass panels and still qualify 

under the provisions of section 6 of article 

5.33A if the property meets the other 

specifications provided for in that section. 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

First Assistant Attorney General 

LOU MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLSY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by William Walker 

Assistant Attorney General 

P. 5789