September 26, 1989

Mr. Fred Toler Executive Director Texas Commission on LawEnforcement Officer Standards and Education 1606Headway 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 thepremium reduction. The specifications relate to the types of doors, windows and locks contemplated to increase the security 

### of the property. Section 3 provides that theperson 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 theproperty todetermine 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 forthe inspection program and certify inspectors. Section 8provides the requirements forcertification as an inspector.

You askwhich 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

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faithfully executed" under article 1.10(l), the board would have todetermine what those lawsprovided for.1
Also, we think that the legislature would have contemplated that interpretation oftheprovisions in question inarticle 5.33Awould bemore effectively accomplished by theboard than by the commission, given theboard's primary
concern with insurance matters. Notably, in.this respect, a 1985amendment toarticle 5.33A, section 6(e), empowered the board to "set standards for alternative specifications to protect aperson's property that are at least as effective Q as those listed in" section 6. Acts 1985, 69th beg., ch. 744, 51,at 2568. Itwould beanomalous, we think, forthe legislature to authorize the board to set alternative specifications to those setout in section 6 if it intended that the "primary responsibilityI1fordetermining 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 7of 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 inSection 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 forthe inspection of doors rather than their composition. Inspectors are assigned to inspect the properties ofapplicants forpremium reductions by the city ortownwhere theproperty is located. Id. 5 3. Inspectors must be certified by the commission and in order toreceive certification must bepeace officers licensed by the commission orbuilding 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,andauthorities cited therein.

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designated by Theymust also commission or the city orcounty where they will serve.

have received classroom instruction from the
anagent ofthe commission. Id. 58. We think that the articles' provisions empower the commission toassure that inspectors are qualified to make factual determinations in accordance with the boardjs interpretations ofthe 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 canbe said to include the "primary responsibility" for "interpreting" theprovisions of article 5.33A, in light ofthe general provision inarticle 1.10(l) that the board shall "[s]ee that all lawsrespecting insurance
. . . are faithfully executed."

You also ask whether anexterior doormay have glass panels and still qualify under the requirements of article 5.33A forthe reduction in homeowners' insurance premiums provided for inthe article. Article 5.33A provides in section 6:
(a) Aperson's property qualifies for a

homeowners insurance premium reduction ifthe property meets the following minimum specifications:

(1) exterior doors must be solid core doors that are 1 3/8 inches thick andmust be secured bydead-bolt locks;
(2) metal doorsmust be secured by deadbolt locks:
(3) double doorsmustmeet 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 inthe edge of the door:
(4) sliding glass doors must be secured by secondary locking devices to prevent lifting andprying;
(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;

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(6) garage doors must be equipped with key-operated locking devices: and
(7) windows must **be** secured by auxiliary locking devices.
(b) Adead-bolt lock required by Subsection (a)of this section must lock with
aminimum bolt throw of one inch that penetrates ametal strike plate. Ifa door secured by a dead-bolt lock has breakable glass within 40 inches ofthe lock, the lock must be key-operated fromboth 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, andkey-operated locks. inareas in which life safety codes permit, metal bars or grating, ifmounted toprevent 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)ofthis section.
(e) The Board may adopt rules that set standards for alternative specifications to protect apersonIs property that are ateleast aseffective asthose listed inthis section. Such alternative specifications shall entitle
aperson's property meeting such specifications toa similar homeowners premium reduction under this article.

Id. 5 6.

The construction 

### ofsection 6ofarticle 5.33A presents difficulties. For example, subsection (a)(l)provides that "exterior doors must be solid core doors" of a certain thickness and Qecured bydead-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 thedoors inquestion are exterior doors.
Upon reviewing the provisions intheir entirety, we would be inclined to conclude that the requirements of

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subsections (a)(2) through (a)(6)for "metal,1' "double," "sliding glass,** "dutch," and "garage" doors apply only where suchdoors are exterior doors. The requirements for each of such types ofdoor 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 ofarticle 5.33A is toallowhomeowners8 insurance premium discounts to a homeowner forthe installation of security equipment thatwould reduce the risk of forced entry into the house. a BillAnalysis, H.B. 764, 67th Leg. (1981) (addingthe article): BillAnalysis, 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 theymeet the other requirements ofthat section, it would seem unlikely that the legislature intended that an exterior doorwould not qualify if ithad glass panels. We alsonote that the provisions of subsection (b), requiring particular locking devices where 'Iadoor secured by a dead-bolt lockhasbreakable glass within 40 inches of the lock," id. 5b, and suggest that an exterior door may have glass panels and still meet thepremium reduction reguirements.
Also, you informus that the State Board of Insurance has taken theposition that glass inan exterior door does notdisqualify a homeowner from receiving an insurance premium reduction. Because theboard has factual knowledge of the effectiveness of various security measures ' reducing the risks tobe insured against, we would it: hesitant to challenge their administrative determination. Under such circumstances courts ordinarily defer to the construction ofastatute's termby the appropriate administrative **agency. See,**  **e.a** (construction ofprovisions'ofLetter Opinion 88-78 (1988) article 179d,V.T.C.S. that "fraternal organizationsl' asdefined inthat 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

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certain security specifications. An exterior doormayhave glass panels and still qualify under theprovisions of section 6of article 5.33A if the property meets the other specifications provided for inthat section.

JIM MATTOX Attorney General ofTexas

MARY KELLER FirstAssistant Attorney General

LOU MCCREARY Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLSY Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee
Prepared byWilliam Walker Assistant Attorney General

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