reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9008 - Filing Affidavit

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of the Act,
					 §2151.101(b), the following requirements apply.
(1) In the event a contract for use of an
				  amusement ride provides that the amusement ride will not be operated until
				  after July 1 but prior to December 31 of any year, then timely filing of the
				  insurance policy and inspection certificate shall be made with Texas Department
				  of Insurance (TDI) prior to the operation of the amusement ride. In no event
				  may an amusement ride be operated before the inspection certificate, insurance
				  policy, and fee are submitted to TDI as required by §
										5.9004
				  of this title (relating to Amusement Ride Operation Requirements).
(2) If the amusement ride is inspected more
				  than once a year due to the requirements of this subchapter, a supplemental
				  inspection certificate (TDI Form AR-100, Amusement Ride Certificate of
				  Inspection/Re-Inspection, Revised Effective October, 2005) must be submitted to
				  TDI not later than 15 days after each subsequent inspection. An additional
				  annual $40 fee is not required for supplemental inspection
				  certificates.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9009 - Information Request

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Insurance (TDI) may request, from
					 the owner/operator, sponsor, lessor, landowner, or other person responsible for
					 an amusement ride offered for use by the public, information concerning whether
					 or not insurance in the amount required by Title 13, Occupations Code, Chapter
					 2151, or this subchapter is in effect on the amusement ride. The
					 owner/operator, sponsor, lessor, landowner, or other person to whom the
					 information request is made shall respond to TDI within 15 days after the
					 request is made. The response must be by written verification. For the purpose
					 of verification, the written response shall include a copy of the declarations
					 page of the policy insuring the amusement ride owner or
					 operator.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9010 - Confirmation of Required Insurance and Inspection Certificate; Rule Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				  required insurance policy and inspection certificate, including certified check
				  or money order for the total amount of annual fee have been received by the
				  Texas Department of Insurance (TDI) and found to be in compliance with the Act
				  and this subchapter, the original amusement ride inspection certificate (TDI
				  Form AR-100, Amusement Ride Certificate of Inspection/Re-Inspection, Revised
				  Effective October, 2005) will be stamped "Texas Department of Insurance
				  Amusement Ride Program," will include the date of approval and will be returned
				  to the insured owner or operator as evidence of compliance with filing
				  requirements. The returned inspection certificate must be kept on the premises
				  at which the amusement ride is offered for public use and made available to any
				  person granted authority under the Act to investigate compliance with the Act.
				  A TDI Form AR-101, (Texas Amusement Ride Compliance Sticker), Effective May,
				  2000, will be returned with each inspection certificate. This weatherproof form
				  shall be affixed to the appropriate ride or device in a place easily visible to
				  all ride participants.
(b) If the
				  required insurance policy, inspection certificate, and/or annual fee is found
				  not to be in compliance with the Act, this subchapter, or other applicable law,
				  notice will be provided to the insured owner or operator or their insurer by
				  TDI indicating the necessary action(s) for compliance. If noncompliance is due
				  to mechanical problems or failure to meet insurance standards, another TDI Form
				  AR-100, Amusement Ride Certificate of Inspection/Re-Inspection, Revised
				  Effective October, 2005 shall be submitted to TDI for approval after the
				  necessary corrective action(s) or repair(s) have been completed by the owner or
				  operator. After the necessary actions have been completed by the owner/operator
				  to the satisfaction of TDI, TDI Form AR-100, Revised Effective October, 2005
				  will be stamped and mailed to the insured owner or operator as described in
				  subsection (a) of this section.
(c)
				  Nothing in this subchapter may be construed to authorize the operation of an
				  amusement ride until all applicable requirements of law are met.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9011 - Standards and Compliance

Current through Reg. 49, No. 28; July 12, 2024
An amusement ride covered by the Act that is sold,
					 maintained, or operated in this state shall comply with current standards
					 established by the American Society for Testing and Materials (ASTM). Those
					 standards are minimum standards. To the extent that the standards of the
					 American Society for Testing and Materials conflict with the requirements of
					 the Act, the more stringent requirement or standard applies.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9012 - Denial of Entry to Amusement Rides; Prohibiting Operation of Amusement Rides

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner/operator of an amusement ride
				  or device shall have the ability to view patrons so that no one is permitted on
				  such ride or device who appears to be in an intoxicated, drugged, or other
				  condition of health that could be detrimental to the safety of themselves,
				  other patrons, the operator, or spectators.
(b) The owner/operator shall exercise
				  reasonable control to prohibit the wearing of improper attire or lack of attire
				  as deemed appropriate for the ride or device.
(c) The owner/operator will prohibit the
				  carrying of any article which might be dropped or thrown from the ride or
				  device.
(d) The restrictions set
				  forth in this section and others that will preclude participation on an
				  amusement ride or device shall be posted in plain view at the entrance to the
				  ride. No operator may waive such restrictions.
(e) A municipal, county, or state law
				  enforcement official may enter and inspect without notice any amusement ride at
				  any time to ensure public safety, and the owner/operator of an amusement ride
				  must comply with the requirements of §2151.152 of the Act, including
				  providing copies of the inspection certificate and insurance policy and
				  cooperating in the prohibiting of the operation of the amusement ride, if
				  applicable.
(f) A municipal,
				  county, or state law enforcement official may immediately prohibit operation of
				  an amusement ride as set forth in §2151.152, §2151.1525 or
				  §2151.1526 of the Act, and a person may not operate the amusement ride
				  until the requirements of §§2151.152, 2151.1525, and 2151.1526 of the
				  Act are met.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9013 - Injunctions

Current through Reg. 49, No. 28; July 12, 2024
Any person who operates an amusement ride, amusement
					 attraction, or amusement device, and offers such for the public, must meet the
					 requirements of the Texas Amusement Ride Safety Inspection and Insurance Act.
					 Failure to comply or violations of the Act constitute a Class B misdemeanor.
					 Each day of public operation shall constitute a separate and distinct offense.
					 The district attorney of each county in which an amusement ride or device is
					 operated or, on request of the commissioner of insurance, the state attorney
					 general, or one of his/her agents may seek an injunction against any person
					 operating an amusement ride or device in violation of the Act or in violation
					 of this subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9014 - Penalties; Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) An amusement
				  ride owner/operator commits an offense if he/she fails to comply with any
				  requirement under §
										5.9004
				  of this title (relating to Amusement Ride Operation Requirements), §
										5.9006 of
				  this title (relating to Public Information Sign), §
										5.9007 of this
				  title (relating to Quarterly Reports), or §
										5.9008 of this
				  title (relating to Filing Affidavit). An owner/operator, sponsor, lessor,
				  landowner, or other person responsible for an amusement ride offered for use by
				  the public commits an offense if he/she fails to provide information required
				  by this subchapter or provides false information under §5.9004(a)(2)(G).
				  Any offense under this subchapter is considered a Class B misdemeanor. Each
				  time a violation of this subchapter is committed constitutes a separate
				  offense.
(b) In addition to action
				  by the state attorney general, local municipal, county, or state law
				  enforcement officials may be solicited to determine compliance with this
				  subchapter or with §§2151.101 - 2151.103 of the Act in conjunction
				  with Texas Department of Insurance, and may institute an action in a court of
				  competent jurisdiction to enforce Title 13, Occupations Code, Chapter 2151, and
				  this subchapter.
(c) The
				  prosecuting attorney in a case in which a person is convicted of an offense
				  under §2151.153 of the Act shall report the offense to TDI not later than
				  the 90th day after the date of the conviction.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter K - TERMINATION OF FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 5.9101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Water Code §
										26.352(e-1),
					 this subchapter specifies the requirements and procedures for an insurer or
					 other entity providing financial assurance for the purposes of meeting
					 financial responsibility requirements for underground storage tank owners or
					 operators under the Water Code §
										26.352
					 to provide notice to the Texas Commission on Environmental Quality (TCEQ) after
					 insurance or other financial assurance for an underground storage tank is
					 canceled or not renewed.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter K - TERMINATION OF FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 5.9102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
(1) Financial assurance--A
				  financial instrument that as provided by rules adopted by the TCEQ may be used
				  to comply with financial responsibility requirements established under the
				  Water Code §
										26.352.
(2) Insurer--An entity operating under the
				  Insurance Code providing insurance or other financial assurance to an owner or
				  operator of underground storage tanks for the purposes of meeting financial
				  responsibility requirements established under the Water Code §
										26.352,
				  including all entities operating under the Insurance Code Chapters 941 (Lloyd's
				  plans), 942 (reciprocals and interinsurance exchanges), 981 (surplus lines
				  insurers), and 2201 (risk retention groups and purchasing groups).
(3) TCEQ--Texas Commission on Environmental
				  Quality.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter K - TERMINATION OF FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 5.9103 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter is applicable to all
				  insurers providing insurance or other financial assurance to owners or
				  operators of underground storage tanks for the purposes of meeting financial
				  responsibility requirements established under the Water Code §
										26.352.
(b) All provisions of this subchapter except
				  §5.9107 (relating to Disciplinary Actions by the Commissioner of
				  Insurance) also apply to any other entity providing, holding, or maintaining
				  financial assurance for the owners or operators of underground storage tanks
				  for the purposes of meeting financial responsibility requirements established
				  under the Water Code §
										26.352.
(c) This subchapter applies only to notices
				  required to be issued under the Water Code §
										26.352(e-1)
				  and that are issued on or after May 1, 2008, regardless of when the insurance
				  policy or other form of financial assurance was issued or created.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter K - TERMINATION OF FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 5.9104 - Content of Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the
				  Water Code §
										26.352(e-1),
				  an insurer or other entity that provides insurance coverage or another form of
				  financial assurance to an owner or operator of an underground storage tank for
				  the purpose of showing or maintaining evidence of financial responsibility must
				  send written notice to the TCEQ if the insurance coverage or other financial
				  assurance for an underground storage tank is canceled or not renewed as
				  provided in §
										5.9105 of
				  this title (relating to Submission of Notice). The notice must contain the
				  following information:
(1) the name of the
				  insured, or assured, as appropriate;
(2) the street address or specific location
				  of each underground storage tank for which insurance or financial assurance is
				  being canceled or not renewed;
(3)
				  the business address of the named insured or assured;
(4) the name, address, and telephone number
				  of the insurer or other entity providing, holding, or maintaining the financial
				  assurance;
(5) the effective date
				  that the insurance coverage or financial assurance was terminated;
(6) the insurer's or other entity's reason(s)
				  for the cancellation or non-renewal of the insurance or other financial
				  assurance;
(7) the policy number or
				  other financial assurance identification number; and
(8) the facility identification number
				  assigned by the TCEQ for each underground storage tank that insurance coverage
				  or other financial assurance was canceled or not renewed.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter K - TERMINATION OF FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 5.9105 - Submission of Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) As provided
				  under the Water Code §
										26.352(e-1),
				  the insurer or other entity providing, holding, or maintaining financial
				  assurance for an underground storage tank must send the notice required
				  pursuant to the Water Code §
										26.352(e-1)
				  and §
										5.9104(a)
				  and (c) (relating to Content of Notice) not later than the 30th day after the
				  date the coverage terminates.
(b)
				  As provided under the Water Code §
										26.352(e-1),
				  the insurer, or other entity providing, holding, or maintaining financial
				  assurance for an underground storage tank shall mail, fax, or email the notice
				  required under the Water Code §
										26.352(e-1)
				  and §
										5.9104(a)
				  and (c) of this subchapter (relating to Content of Notice) to the TCEQ. The
				  notice must be submitted to one of the following addresses, or as otherwise
				  directed by the executive director of the TCEQ:
(1) TCEQ, Financial Assurance Cancellations,
				  MC-234, P.O. Box 13087, Austin, Texas 78711-3087 (mail);
(2) TCEQ, Financial Assurance Cancellations,
				  MC-234, 12100 Park 35 Circle, Austin, Texas 78753 (overnight
				  delivery);
(3) (512) 239-6242
				  (fax); or
(4)
				  txustfa@tceq.state.tx.us (email).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter K - TERMINATION OF FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 5.9106 - Rescindment of Cancellation or Non-Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) An insurer or other entity that rescinds
				  a cancellation or non-renewal noticed to the TCEQ pursuant to the Water Code
				  §
										26.352(e-1)
				  and § 5.9104 of this subchapter (relating to Content of Notice) must send
				  written notice to the TCEQ of such rescindment in accordance with §
										5.9105(b)
				  of this subchapter (relating to Submission of Notice) not later than the 10th
				  day after the cancellation or non-renewal is rescinded.
(b) The notice of rescindment required in
				  subsection (a) of this section must include:
(1) a copy of the notice under §
											5.9104 of this
				  subchapter that is being rescinded; or
(2) both of the following:
(A) the policy number or other financial
				  assurance identification number, and
(B) the facility identification number(s)
				  assigned by the TCEQ for the underground storage tank(s) insured or otherwise
				  financially assured.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter K - TERMINATION OF FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 5.9107 - Disciplinary Actions by the Commissioner of Insurance

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner of Insurance may, after notice and an
					 opportunity for a hearing, discipline an insurer under the Insurance Code
					 Chapters 82, 83, 84, and 2201 for violations of the requirements of this
					 subchapter and any other applicable law the Commissioner determines the insurer
					 to be in violation of, or with which the insurer has failed to
					 comply.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 1 - REQUIREMENTS FOR SHARING COMMERCIAL RISKS › Section 5.9301 - Commercial Risks Shared by Two or More Insurers

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies in the event that
					 the total limit of liability for a single commercial risk or account must be
					 shared by two or more insurers as a result of either a single insurer not
					 having the capacity to provide the total limit of liability for the single risk
					 or account to be shared or as a result of a single insurer being unwilling to
					 accept the total limit of liability for the single risk or account to be shared
					 because it produces a more hazardous exposure.
(b) For purposes of this section, "lead
					 insurer" shall mean the insurer providing coverage for the largest percentage
					 of liability for a single commercial risk or account or the insurer designated
					 by the insured as the lead insurer.
(c) The policy forms and endorsements issued
					 to provide coverage on a single commercial risk or account which is shared by
					 two or more insurers must be filed and approved for the lead insurer. Other
					 insurers sharing such coverage on a single commercial risk or account with the
					 lead insurer must use the filed and approved policy forms and endorsements of
					 the lead insurer. These approved policy forms and endorsements may be used by
					 such other insurers sharing such coverage without making a separate filing to
					 the Texas Department of Insurance for approval.
(d) A notice indicating the name of the lead
					 insurer must be placed on each policy of insurance issued to provide coverage
					 on a single commercial risk or account which is shared by two or more insurers.
					 The notice must contain the following or similar language: "The insurance
					 provided for this (risk or account) is shared by two or more companies. The
					 lead insurer is ___________."
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 2 - REQUIREMENTS FOR DETERMINING A CATASTROPHE › Section 5.9303 - Definition of Catastrophe

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 individual insurer or a group of insurers may petition the Texas Department of
					 Insurance for a determination that a weather-related event is a catastrophe or
					 major natural disaster in accordance with Insurance Code §
											542.059.
					 The Texas Department of Insurance will make a determination within three
					 business days of receipt of a petition, and if the event is determined to be a
					 catastrophe, it will notify all companies, by bulletin issued by the Texas
					 Department of Insurance of the designated catastrophe.
(b) An insurer's petition as specified in
					 subsection (a) of this section must include, but is not limited to, the
					 following information:
(1) type of losses:
					 wind, hail, tornado, hurricane, freeze, or other weather-related
					 losses;
(2) specific lines of
					 insurance affected: property, automobile, inland marine (any lines which may
					 involve a first party claim);
(3)
					 location of the loss: towns, cities, or other specified areas;
(4) specific time period of the event which
					 produced the catastrophe;
(5) the
					 insurer's total estimated dollar losses for insured property, by line of
					 business;
(6) the insurer's total
					 estimated number of claims, by line of insurance;
(7) a statement of the reason claims cannot
					 be processed within the time periods specified under the conditions of the
					 property and casualty policies and Insurance Code §§
												542.055
					 -
					 542.057.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 4 - FILINGS MADE EASY - TRANSMITTAL INFORMATION AND GENERAL FILING REQUIREMENTS FOR PROPERTY AND CASUALTY FORM, RATE, UNDERWRITING GUIDELINE, AND CREDIT SCORING MODEL FILINGS › Section 5.9310 - Property and Casualty Transmittal Information and General Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 The purpose of this division is to specify the transmittal information and
					 general filing requirements for property and casualty form, rate, rule,
					 underwriting guideline, and credit scoring model filings.
(b) Definitions. Terms not defined in this
					 division may be defined in Insurance Code Chapters 2053, concerning Rates for
					 Workers' Compensation Insurance; 2251, concerning Rates; and 2301, concerning
					 Policy Forms and have the same meaning when used in this division. The
					 following terms when used in this division have the following meanings unless
					 the context indicates otherwise:
(1)
					 Interline filing--A filing that may be used for more than one line of insurance
					 submitted for:
(A) a policy jacket,
					 declarations page, signature page, notice of cancellation, disclosure,
					 schedule, general change form, company name change, or policyholder notice
					 filed under Division 5 of this subchapter, relating to Filings Made Easy -
					 Requirements for Property and Casualty Policy Form and Endorsement Filings;
					 or
(B) policy fees, service fees,
					 and other fees that are charged or collected by the insurer under Insurance
					 Code §
													550.001, concerning
					 Solicitation or Collection of Certain Payments, or §4005.003, concerning
					 Fees, filed under Division 6 of this subchapter (relating to Filings Made Easy
					 - Requirements for Rate and Rule Filings).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 4 - FILINGS MADE EASY - TRANSMITTAL INFORMATION AND GENERAL FILING REQUIREMENTS FOR PROPERTY AND CASUALTY FORM, RATE, UNDERWRITING GUIDELINE, AND CREDIT SCORING MODEL FILINGS › Section 5.9311 - Copyright, Public Inspection, and Confidential Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) Copyright. Information included in
					 filings that is marked "copyright" may be made available for public disclosure
					 in the same manner as information that is not marked "copyright." Public
					 disclosure methods may include posting filings on TDI's website or making them
					 available for viewing through SERFF.
(b) Public inspection. Each filing submitted
					 under Insurance Code Chapter 2301 or 3502, including any supporting information
					 filed, will be open for public inspection as of the date of the filing. This
					 subsection does not apply to a commercial property insurance filing submitted
					 by a Lloyd's plan or a reciprocal or interinsurance exchange under Chapter
					 2301. Each filing submitted under Insurance Code Chapter 2053 and 2251,
					 including any supporting information filed, is public information subject to
					 Government Code Chapter 552, including any applicable exception from required
					 disclosure under that chapter.
(c)
					 Confidential filings. If a filer marks its entire filing as confidential, TDI
					 will reject the filing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 4 - FILINGS MADE EASY - TRANSMITTAL INFORMATION AND GENERAL FILING REQUIREMENTS FOR PROPERTY AND CASUALTY FORM, RATE, UNDERWRITING GUIDELINE, AND CREDIT SCORING MODEL FILINGS › Section 5.9312 - Personally Identifiable Information

Current through Reg. 49, No. 28; July 12, 2024
Filings must not include any policyholders' personally
						identifiable information. Filings that include this type of information may be
						rejected. As used in this subchapter, personally identifiable information means
						information that can be used either alone or in combination to distinguish an
						individual's identity. Examples of personally identifiable information
						include:
(1) any individual
					 policyholder identification, including name, address, phone number, or email
					 address;
(2) social security
					 numbers;
(3) insurance policy
					 numbers;
(4) drivers' license,
					 identification card, vehicle identification, and license plate
					 numbers;
(5) debit card, credit
					 card, bank account, and routing numbers; and
(6) health information about a specific
					 individual.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 4 - FILINGS MADE EASY - TRANSMITTAL INFORMATION AND GENERAL FILING REQUIREMENTS FOR PROPERTY AND CASUALTY FORM, RATE, UNDERWRITING GUIDELINE, AND CREDIT SCORING MODEL FILINGS › Section 5.9313 - Filing Format Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Documents
					 included in filings may not be encrypted or password protected. TDI staff must
					 be able to fully process and review the documents without a password or other
					 decryption process.
(b) The policy
					 forms, endorsements, and form usage tables submitted in a filing under Division
					 5 of this subchapter (relating to Filings Made Easy - Requirements for Property
					 and Casualty Policy Form and Endorsement Filings) must:
(1) not be scanned documents;
(2) not include any scanned text, or scanned
					 images with text, that will be part of the insurance contract;
(3) be in a format that is selectable and
					 searchable; and
(4) be in portrait,
					 not landscape, orientation.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9320 - Purpose and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 The purpose of this division is to specify the filing requirements for property
					 and casualty policy form and endorsement filings submitted under Insurance Code
					 Chapters 2052, 2301, or 3502. All insurer and advisory organization filings
					 must comply with the filing requirements of this division and any other
					 applicable rules.
(b) Definitions.
					 The definitions in §
											5.9310
					 of this title (relating to Property and Casualty Transmittal Information and
					 General Filing Requirements) apply to this division.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9321 - General Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Filings must be submitted for one line of insurance only, except for
					 multi-peril and interline filings.
(b) Filings submitted under this division may
					 not be combined with any other filing types submitted under this
					 subchapter.
(c) Filings must
					 contain the following:
(1) the transmittal
					 information required in §
												5.9310 of this title (relating to
					 Property and Casualty Transmittal Information and General Filing
					 Requirements);
(2) a copy of the
					 proposed policy forms or endorsements;
(3) a form number for each proposed
					 form;
(4) an edition date for each
					 proposed form, if applicable;
(5)
					 the TDI file number or SERFF tracking number for the previously approved policy
					 to which the proposed form will be attached, if applicable;
(6) a form usage table that includes:
(A) the form name and form number for each
					 proposed form;
(B) information
					 indicating whether each proposed form is optional, mandatory, or conditional
					 mandatory; and
(C) for conditional
					 mandatory forms, an addendum to the form usage table that describes the
					 conditions that make each form mandatory. For filings other than personal
					 automobile, residential property, or personal multi-peril, the filer may
					 describe the conditions elsewhere in the filing;
(7) a memorandum that:
(A) explains in detail the reasons for the
					 filing;
(B) describes each proposed
					 policy form or endorsement; and
(C)
					 details each policy form or endorsement's use, including the type of risk or
					 risks for which the forms or endorsements will be used.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9322 - Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) When reviewing
					 each filing under this division, TDI may request additional information
					 specific to the filing. This information may include:
(1) related forms or information needed for
					 the review;
(2) a summary of all
					 policy provisions, including a detailed description and explanation of the
					 coverages, limitations, exclusions, and conditions;
(3) a coverage comparison to a similar policy
					 form or endorsement that the Commissioner has approved or adopted containing a
					 detailed explanation of all the differences including any restrictions in
					 coverage, enhancements in coverage, or clarifications to the previously
					 approved policy forms or endorsements.
(4) a coverage evaluation that contains a
					 detailed explanation of the proposed changes including any restrictions in
					 coverage, enhancements in coverage, or clarifications to approved or adopted
					 policy forms or endorsements. The coverage evaluation may be provided in a
					 side-by-side comparison showing any differences between the previously approved
					 or adopted policy forms or endorsements and the proposed policy forms or
					 endorsements.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9323 - Requirements for Reference Filings

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Reference filings for policy forms and endorsements should not include a copy
					 of the referenced material.
(b) In
					 addition to the transmittal information, a reference filing must include:
(1) the name of the insurance company or
					 advisory organization whose filing is being referenced; and
(2) the TDI file number or SERFF tracking
					 number of the filing being referenced.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9324 - Incomplete Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) TDI will
					 consider a filing incomplete if the filing does not comply with the filing
					 requirements in §§
											5.9321-
					 5.9323
					 of this title (relating to General Filing Requirements, Additional Information,
					 and Requirements for Reference Filings).
(b) If TDI determines that a filing is
					 incomplete, TDI will notify the filer and describe deficiencies in the filing
					 and the additional information required to complete the filing. TDI may reject
					 a filing that still has deficiencies on the date specified in the
					 notice.
(c) A rejected filing:
(1) is not considered filed with TDI for the
					 purposes of this division; and
(2)
					 will not be reopened for purposes of resubmission.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9325 - Request for Deemer Period Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 By sending written notice to TDI, an insurer may waive the deadlines by which
					 the Commissioner, under Insurance Code § 2301.006, must approve or
					 disapprove a form before it is deemed approved.
(b) An insurer that waives the deadlines
					 referenced in subsection (a) of this section may opt to withdraw its waiver.
					 For the withdrawal to be effective, the insurer must provide written notice of
					 withdrawal and the withdrawal must be acknowledged by TDI in writing. Subject
					 to § 5.9324(d) of this title, the deemer period described by Insurance
					 Code § 2301.006 will begin on acknowledgement of the withdrawal.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9326 - Insurers Providing Coverage through a Purchasing Group

Current through Reg. 49, No. 28; July 12, 2024
For policies effective on and after September 1, 2015,
						insurers that provide coverage to participants through a purchasing group must
						comply with the filing requirements of this division.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9327 - Additional Requirements for Personal Automobile and Residential Property Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) Personal
					 automobile and residential property insurance forms are subject to this
					 subsection.
(1) Filed forms must meet the
					 plain-language requirements described in Insurance Code §
												2301.053, concerning
					 Requirements for Forms; Plain-Language Requirement, and Commissioner's Order
					 No. 92-0573. Filings must also include the Flesch Reading Ease Test readability
					 score for the forms.
(2) When
					 filing an endorsement form with provisions that do not apply to every policy to
					 which the endorsement will be attached, the provisions must be enclosed with
					 brackets to reflect that the provisions are variable text. The filing must also
					 indicate that when the endorsement is attached to a policyholder's specific
					 policy, the endorsement will not include any provisions that are inapplicable
					 to that specific policy. For example, an insurer may file an endorsement with
					 provisions that amend an HO-3 policy and an HO-5 policy. If certain provisions
					 apply only to the HO-5, those must be bracketed in the filed form, and must not
					 be visible to the policyholder when the form is used to endorse the HO-3. This
					 paragraph applies to new or amended endorsements filed on or after January 1,
					 2025.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 5 - FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS › Section 5.9328 - Insurers Writing Commercial Group Property Insurance

Current through Reg. 49, No. 28; July 12, 2024
As Insurance Code § 2171.003 requires, insurers
						writing commercial group property insurance under Insurance Code §
						2171.002 must file a policy form with the Commissioner before using the form
						for a group of businesses or an association described by §2171.002 in
						which each member of the group or association is not a large
						risk.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 6 - FILINGS MADE EASY - REQUIREMENTS FOR RATE AND RULE FILINGS › Section 5.9330 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to specify requirements
						for rate and rule filings under Insurance Code Chapters 2053, 2251, and 3502.
						Rate and rule filings may include rates, prospective loss costs, loss cost
						multipliers, rating manuals, and other supplementary rating information. Rate
						and rule filings may also include information concerning policy fees, service
						fees, and other fees that are charged or collected by the insurer under
						Insurance Code § 550.001 or § 4005.003, or any other amounts
						collected by the insurer in connection with a policy. All insurer and advisory
						organization filings must comply with the filing requirements of this division
						and any other applicable rules adopted by the Commissioner.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 6 - FILINGS MADE EASY - REQUIREMENTS FOR RATE AND RULE FILINGS › Section 5.9333 - Categories of Supplementary Rating Information

Current through Reg. 49, No. 28; July 12, 2024
The categories of supplementary rating information
						addressed in this section describe the different items that may be required or
						requested in a rate and rule filing. Section
						5.9334
						of this title (relating to Requirements for Rate and Rule Filing Submissions)
						lists the categories of supplementary rating information that different rate
						and rule filings require. Categories of supplementary rating information
						include:
(1) Rating manual. This type
					 of manual consists of any rating schedule, plan of rules, and rating rules. A
					 rating manual may contain factors and relativities, including increased limits
					 factors, classification relativities, deductible relativities, territory
					 relativities, premium discounts, and other similar factors. A rating manual may
					 also include some or all information in the remaining categories of
					 supplementary rating information.
(2) Rating algorithm.
(3) Rating plan.
(4) Territory codes and
					 descriptions.
(5) Classification
					 system. This consists of any other criteria, guidelines, models, and methods
					 that place individual risks into rating classifications, such as tiers,
					 categories, or similar groupings, regardless of the name used.
(6) Factors and relativities, including
					 increased limits factors, classification relativities, deductible relativities,
					 territory relativities, premium discounts or surcharges, and other similar
					 factors.
(7) Other information.
					 This is any other information used by the insurer to determine the applicable
					 premium for an insured.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 6 - FILINGS MADE EASY - REQUIREMENTS FOR RATE AND RULE FILINGS › Section 5.9335 - Requests for Information

Current through Reg. 49, No. 28; July 12, 2024
(a) When
					 reviewing each filing under this division, TDI may request additional
					 supplementary rating information and supporting information.
(b) To be considered fully responsive to a
					 request for information, an insurer's responses must:
(1) fully address all of the requests and
					 questions in a manner that is clear and in sufficient detail to allow a
					 qualified actuary to understand and evaluate the material and any explanations
					 provided;
(2) contain appropriate
					 supporting data and calculations, including material assumptions, with
					 sufficient narrative to clearly explain the methodology used, the nature and
					 source of the data, and any conclusions drawn; and
(3) provide an explanation of any apparent
					 anomalies in the data and how the insurer mitigated or accounted for them in
					 arriving at the proposed rates and rules.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 6 - FILINGS MADE EASY - REQUIREMENTS FOR RATE AND RULE FILINGS › Section 5.9336 - Request for Information Limit Waiver

Current through Reg. 49, No. 28; July 12, 2024
An insurer may, by sending written notice to TDI, waive
						the limits that §
											5.9335(d)
						of this title (relating to Requests for Information) imposes on the number of
						times TDI may request additional supplementary rating information and
						supporting information.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 6 - FILINGS MADE EASY - REQUIREMENTS FOR RATE AND RULE FILINGS › Section 5.9337 - Insurers Providing Coverage Through a Purchasing Group

Current through Reg. 49, No. 28; July 12, 2024
For policies effective on and after September 1, 2015,
						insurers that provide coverage to participants through a purchasing group must
						comply with the filing requirements of this division.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 7 - FILINGS MADE EASY - REQUIREMENTS FOR UNDERWRITING GUIDELINE FILINGS › Section 5.9340 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to specify underwriting
						guideline filing requirements under Insurance Code Chapter 38 and Chapter
						2053.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 7 - FILINGS MADE EASY - REQUIREMENTS FOR UNDERWRITING GUIDELINE FILINGS › Section 5.9341 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions apply to underwriting guideline
						filings under this division:
(1) the
					 definitions in §
											5.9310
					 of this title (relating to Property and Casualty Transmittal Information and
					 General Filing Requirements);
(2)
					 the definitions in Insurance Code § 38.002 apply to insurers filing
					 underwriting guidelines for personal automobile or residential property
					 insurance;
(3) the definitions in
					 Insurance Code Chapter 2053 apply to insurers filing underwriting guidelines
					 for workers' compensation insurance; and
(4) the definitions in Insurance Code §
					 38.003 apply to insurers filing underwriting guidelines for lines of property
					 and casualty insurance not subject to Insurance Code § 38.002.