Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter A - AUTOMOBILE INSURANCE › Division 7 - FINANCIAL RESPONSIBILITY VERIFICATION PROGRAM › Section 5.606 - Requirements for Insurers Using the Web Services Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Each web services insurer must meet the
					 requirements of the web services program through both the event based process
					 and the ongoing verification process.
(b) Each insurer electing to use the web
					 services program for the event based and ongoing verification processes must
					 provide written notice to the department. Written notice must name the insurer
					 or each insurer in a group, be signed by an officer of the company or group,
					 and be submitted to the Financial Responsibility Verification Program
					 Coordinator, Property and Casualty Program, Mail Code 105-5C, Texas Department
					 of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, not later than 10
					 business days after the date this section is effective. All submissions to the
					 department under this division must be made to the Financial Responsibility
					 Verification Program Coordinator (coordinator) unless otherwise
					 specified.
(c) Not later than 30
					 calendar days after the insurer notifies the department of its election to
					 become a web services insurer, the insurer must submit to the coordinator for
					 approval written documentation and specifications addressing §5.607(a) -
					 (e) of this subchapter (relating to Web Services Program System Requirements).
					 Written documentation and specifications must include a detailed project plan
					 including a timeline, a full description of the proposed web services solution,
					 and other information necessary to establish compliance with the web services
					 program requirements. If it is determined as specified in subsection (i) of
					 this section that the insurer's submission does not propose a solution that
					 will meet all system and performance requirements, the insurer must begin
					 program development to meet requirements of the database program as detailed in
					 §
											5.604
					 and §
											5.605
					 of this subchapter (relating to Reporting Requirements for Insurers Using the
					 Database Program and Data Error Correction Requirements for Insurers Using the
					 Database Program).
(d) If an
					 insurer's web services documentation and specifications have been determined to
					 meet the system requirements of subsection (c) of this section and the insurer
					 has obtained the appropriate department approval, the insurer must within 90
					 calendar days after receiving written notice of department approval as required
					 in subsection (c) of this section submit to the coordinator for approval
					 documentation showing that the web services insurer is capable of meeting all
					 system and performance requirements detailed in §
											5.607
					 and §
											5.608
					 of this subchapter (relating to Web Services Program Performance Requirements).
					 Such documentation must include a detailed progress report in compliance with
					 the submitted project plan and timeline, and other information necessary to
					 establish compliance with the web services program requirements. If it is
					 determined as specified in subsection (i) of this section that the insurer's
					 submission does not meet all system and performance requirements, the insurer
					 must begin program development to meet requirements of the database program as
					 detailed in §
											5.604
					 and §
											5.605
					 of this subchapter.
(e) Each
					 insurer that has met the system and performance requirements of subsection (d)
					 of this section must within 180 calendar days after receiving written notice of
					 department approval as required in subsection (c) of this section submit to the
					 coordinator for approval documentation showing the insurer is able to meet all
					 system and performance requirements detailed in §
											5.607
					 and §
											5.608
					 of this subchapter. Such documentation shall include testing methodology,
					 testing data sets, testing results, and other information necessary to
					 establish compliance with the web services program requirements. If it is
					 determined as specified in subsection (i) of this section that the insurer's
					 submission does not meet all system and performance requirements, the insurer
					 shall have 30 calendar days to comply with the database program requirements in
					 §
											5.604
					 and §
											5.605
					 of this subchapter and begin reporting data.
(f) Following department approval as required
					 in subsection (e) of this section, each web services insurer shall begin a data
					 clean-up phase. Required data clean-up procedures include:
(1) the web services insurer, and/or its
					 delegated MGA, will receive a file of registered vehicles from TxDOT and must
					 match insurance policy records to the file of registered vehicles;
(2) insurance policy records that cannot be
					 matched to a registered vehicle will be required to undergo a data correction
					 process, including for errors beyond the web services insurer's authority to
					 correct;
(3) as necessary, the web
					 services insurer must contact the policyholder to confirm or correct
					 information as follows:
(A) within 10 calendar
					 days of discovering the information indicated to be in error, request from the
					 policyholder confirmation of the insurer's existing information or corrected
					 information;
(B) request that the
					 policyholder respond within 14 calendar days; however, the insurer shall not be
					 subject to, nor shall the insurer subject the policyholder to, any penalty for
					 the policyholder's non-compliance; and
(C) make any necessary correction within 15
					 calendar days after receipt of a response from the policyholder;
(4) while not required, the
					 insurer may send additional notices concerning that non-match error to the
					 policyholder if the insurer does not receive a correction response from the
					 policyholder; however, the insurer shall not be subject to, nor shall the
					 insurer subject the policyholder to, any penalty for the policyholder's
					 non-compliance; and
(5) the web
					 services insurer, and/or its delegated MGA, may request a reload of TxDOT data
					 as needed during the data clean-up/correction process.