Proposed Rules Title 28

TITLE 28. INSURANCE

PART 1. TEXAS DEPARTMENT OF INSURANCE

The Texas Department of Insurance (TDI) proposes to amend 28 TAC §§34.515, 34.614, 34.714, and 34.814, concerning the fees charged by the State Fire Marshal's Office (SFMO) to revise or change an address for fire extinguisher, fire alarm, fire sprinkler, and firework permits, licenses, and certificates of registration. The amendments set fees of $0 for requests to update an address, provided the change of address is done within the prescribed 14 days, as provided by 28 TAC §§34.510 - 34.512, 34.610, 34.611, 34.710, 34.711, and 34.810.

TDI also proposes to amend 28 TAC §34.1302(a) - (c) and (f), concerning the administrative penalty schedule, to add a new penalty of $250 for failure to revise or change an address within the required 14 days.

EXPLANATION. The purpose of these proposed amendments is to allow for licensees and certificate holders for the fire extinguisher, fire alarm, fire sprinkler, and firework programs to conveniently update their addresses by eliminating the fees currently required to make those updates. The amendments outline online address changes. Insurance Code §6001.055(c) and §6002.054(c) provide that the commissioner set a fee not to exceed $20, and Insurance Code §6003.055(c) provides that the commissioner set a fee not to exceed $70 for any request for changes to or a duplicate of a registration, certificate, license, or permit.

Under the current version of the rules, a request to change address is treated the same way as other certificate and license change requests: it is subject to a $20 fee (§§34.515, 34.614, and 34.814) or $35 fee (§34.714). The amendments to §§34.515, 34.614, 34.714, and 34.814 establish a $0 fee for licensees and certificate holders requesting a change of address for fire extinguisher, fire alarm, fire sprinkler, and firework licenses and certificates. The amendments are intended to promote overall efficiency and convenience in keeping address information updated and reduce compliance costs for the industry.

SFMO requires an accurate address for its licensees and certificate holders. Under Government Code §417.005, the commissioner, after consulting with the state fire marshal, may adopt rules necessary to guide the state fire marshal in the performance of other duties for the commissioner. Government Code §417.010 requires the commissioner to adopt by rule a schedule of administrative penalties for violations that are subject to a penalty to ensure that the penalty amount is appropriate to the violation. It further provides that the state fire marshal may impose an administrative penalty. The new administrative penalties schedule in §34.1302(a) - (c) and (f) enables SFMO to enforce violations of address update requirements through a citation without the need to refer the matter to TDI Enforcement.

Descriptions of the proposed amendments follow.

Section 34.515. Amendments to §34.515 add the change-of-address request fee as $0 and renumber paragraphs as appropriate to reflect the addition. A proposed change removes unnecessary language concerning potential ways online payments could be accepted.

Section 34.614. Amendments to §34.614 add the change-of-address request fee as $0 and renumber paragraphs as appropriate to reflect the addition. Amendments also make nonsubstantive grammatical changes for readability and add an Insurance Code citation. A proposed change removes unnecessary language concerning potential ways online payments could be accepted.

Section 34.714. Amendments to §34.714 add the change-of-address request fee as $0 and renumber paragraphs as appropriate to reflect the addition. Amendments also make nonsubstantive grammatical changes for readability. A proposed change removes unnecessary language concerning potential ways online payments could be accepted.

Section 34.814. Amendments to §34.814(a) revise the text addressing fee payment for consistency with other sections and remove language addressing retail firework permits and the option to pay by cash. Amendments in §34.814(b) remove text stating that fees must be paid at the State Fire Marshal's Office or an address it specifies. Changes in §34.814(c) make nonsubstantive grammatical corrections. Revisions in §34.814(d) include the addition of subsection (d)(12) for the change-of-address request fee of $0 and subsection (d)(13), which states that the fee for duplicate or revised certificates or licenses and other requested changes to certificates or licenses is $20.

This addition looks new to the section, but a $20 fee has always been collected for both duplicate license and license changes. This fee has historically been collected under Occupations Code §2154.104. The updated rule text of §34.814 accurately reflects the historical practice; it does not change it. The rule change brings the $20 fee charged under the Occupations Code into the text of §34.814, which governs all the other fees. The change is made for simplicity and clarity.

An amendment also corrects capitalization in subsection (d)(11) and amendments to subsection (e) improve clarity and readability.

Section 34.1302. Amendments to the tables in Figure: 28 TAC §34.1302(a), Figure: 28 TAC §34.1302(b), Figure: 28 TAC §34.1302(c), and Figure: 28 TAC §34.1302(f) add a new penalty of $250 for failure to revise or change an address within the required 14 days for the Fire Extinguisher Penalty Schedule, Fire Alarm Penalty Schedule, Fire Protection Sprinkler Penalty Schedule, and Fireworks Distributor Licensing Retailer Permit Penalty. Nonsubstantive amendments also add "is" to each table's introductory text.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Linda Villarreal, director of the State Fire Marshal's Office, has determined that during each year of the first five years the proposed amendments are in effect, there will be no measurable fiscal impact on state and local governments as a result of enforcing or administering the proposed amendments, other than that imposed by statute. Ms. Villarreal made this determination because the proposed amendments do not add to or decrease state revenues or expenditures, and because local governments are not involved in enforcing or complying with the proposed amendments.

Ms. Villarreal does not anticipate a measurable effect on local employment or the local economy as a result of this proposal.

PUBLIC BENEFIT AND COST NOTE. For each year of the first five years the proposed amendments are in effect, Ms. Villarreal expects that administering the proposed amendments will have the public benefit of ensuring that TDI's rules promote efficiency and accuracy in the program. Ms. Villarreal expects that the proposed amendments will decrease costs for change of address and will impose a fee on noncompliant licensees.

Insurance Code §§6001.055(c), 6002.054(c), and 6003.055(c) require that the commissioner set a fee not to exceed $20 (§6001.055(c), §6002.054(c)) or $70 (§6003.055(c)) for any request for changes to a certificate of registration, license, or permit. Occupations Code §2154.104 provides that a person must be charged a fee in an amount not to exceed $20 for a duplicate of or any requested change to a license. The proposed amendments to §§34.515, 34.614, 34.714, and 34.814 reduce those fees to $0 for a change of address. Online payment may require a service fee, but other payment options are available.

A $20 fee has been collected for both duplicate license requests and license changes. The fee is collected under the authority of Occupations Code §2154.104. The proposed rule text in §34.814 reflects current practice; it does not change it. The amendment adds the $20 fee currently imposed by SFMO on regulated persons under the Occupations Code into the text of §34.814. This proposed amendment aligns the rule text with current agency practice and makes consistent the fee provisions in the sections included in this proposal.

Proposed amendments to the administrative penalty schedule in §34.1302(a) - (c) and (f) set an administrative penalty of $250 for failure to revise or change an address within the required 14 days of change as provided under §§34.510 - 34.512, 34.610, 34.611, 34.710, 34.711, and 34.810. Whether a licensee is required to pay an administrative penalty depends on the licensee's compliance with the current applicable regulations. The amended penalty schedules may result in some costs to noncompliant licensees for fire alarm, fire extinguisher, fire sprinkler, and firework firms, but they will be limited to costs relating to (1) responding to the alleged violation, and (2) the administrative penalty paid.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. TDI has determined that the proposed amendments will have little to no economic effect on small or micro businesses or rural communities. The proposed license fees will not impact businesses. The fees are applicable only to licensees.

The proposed amendments to the administrative penalty schedule in §34.1302 are important to better protect the health and safety of the public. There are no regulatory alternatives to the adoption of the penalty matrix in this proposal that will sufficiently protect the health and safety of Texas citizens affected by the rules. As a result, and in accordance with Government Code §2006.002(c), TDI is not required to prepare a regulatory flexibility analysis.

EXAMINATION OF COSTS UNDER GOVERNMENT CODE §2001.0045. TDI has determined that this rule proposal to amend the address fee from $20 to $0 will reduce costs for licensed individuals and certificate holders. The addition of the $20 fee in §34.814 does not impose a cost on regulated persons because SFMO has collected the fee under Occupations Code §2154.104. The inclusion of the fee in rule text reflects current agency practice and is consistent with other fees in this rule sections. There is no new cost. The proposed amendments allow SFMO to more efficiently regulate the industry, which is necessary to protect the health, safety, and welfare of the residents of this state.

While not a standard fee, a $250 penalty is proposed for those who are not in compliance with the address change rule. TDI expects the cost to be zero for the vast majority of licensees; the penalty would only be applicable in the discretion of the licensee. In the event the licensee has violated the rule, then a penalty is appropriate. Enforcing the penalty is necessary for the health, safety and welfare of the citizens of Texas. Because of this, no additional rule amendments are required under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT. TDI has determined that for each year of the first five years that the proposed amendments are in effect, the proposed rule:

- will not create or eliminate a government program;

- will not require the creation of new employee positions or the elimination of existing employee positions;

- will not require an increase or decrease in future legislative appropriations to the agency;

- will require an increase or decrease in fees paid to the agency;

- will not create a new regulation;

- will expand an existing regulation;

- will not increase or decrease the number of individuals subject to the rule's applicability; and

- will not positively or adversely affect the Texas economy.

TAKINGS IMPACT ASSESSMENT. TDI has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. TDI will consider any written comments on the proposal that are received by TDI no later than 5:00 p.m., central time, on January 20, 2025. Send your comments to ChiefClerk@tdi.texas.gov or to the Office of the Chief Clerk, MC: GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030.

To request a public hearing on the proposal, submit a request before the end of the comment period to ChiefClerk@tdi.texas.gov or to the Office of the Chief Clerk, MC: GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030. The request for public hearing must be separate from any comments and received by TDI no later than 5:00 p.m., central time, on January 20, 2025. If a public hearing is held, TDI will consider written and oral comments presented at the hearing.

SUBCHAPTER E. FIRE EXTINGUISHER RULES

28 TAC §34.515

STATUTORY AUTHORITY. TDI proposes amendments to §34.515 under Government Code §417.005 and Insurance Code §6001.055(c) and §36.001.

Government Code §417.005 states that the commissioner, after consulting with the state fire marshal, may adopt rules necessary to guide the state fire marshal in the performance of duties for the commissioner.

Insurance Code §6001.055(c) provides that the commissioner set a fee not to exceed $20 for duplicate or changed fire extinguisher licenses and certificates.

Insurance Code §36.001 provides that the commissioner may adopt any rules necessary and appropriate to implement the powers and duties of TDI under the Insurance Code and other laws of this state.

CROSS-REFERENCE TO STATUTE. Section 34.515 implements Insurance Code §6001.055.

§34.515. Fees.

(a) Except for fees specified in subsection (d) of this section, all fees payable must be submitted by cashier's check or money order made payable to the Texas Department of Insurance [~~or the State Fire Marshal's Office,~~] or by online payment. [Should the department authorize other online or electronic original applications or other transactions, applicants must submit fees with the transaction as directed by the department, the Texas OnLine Authority, or other online provider.] Except for overpayments resulting from mistakes of law or fact, all fees are nonrefundable.

(b) Fees are as follows.

(1) Certificates of registration:

(A) initial fee--$450;

(B) renewal fee (for two years)--$600;

(D) renewal late fee (expired 91 days to two years)--$450 plus $100 for each branch office operated by the registered firm;

(E) branch office initial fee--$100;

(F) branch office renewal fee (for two years)--$200.

(2) Certificate of registration (Type C):

(A) initial fee--$250;

(B) renewal fee (for two years)--$300;

(D) renewal late fee (expired 91 days to two years)--$250.

(3) Fire extinguisher license (Type A, B, and K):

(A) initial fee--$70;

(B) renewal fee (for two years)--$100;

(D) renewal late fee (expired 91 days to two years)--$70.

(4) Fire extinguisher license (Type PL):

(A) initial fee--$70;

(B) renewal fee (for two years)--$100;

(D) renewal late fee (expired 91 days to two years)--$70.

(5) Apprentice permit fee--$30.

(6) Change of address request--$0.

(7) [~~(6)~~] Duplicate or revised certificates, licenses, permits, or other requested changes to certificates, licenses, or permits--$20.

(8) [~~(7)~~] Initial test fee (if administered by the SFMO)--$20.

(9) [~~(8)~~] Retest fee (if administered by the SFMO)--$20.

(c) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.

(d) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405843

Jessica Barta

General Counsel

Texas Department of Insurance

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 676-6555

SUBCHAPTER F. FIRE ALARM RULES

28 TAC §34.614

STATUTORY AUTHORITY. TDI proposes amendments to §34.614 under Government Code §417.005 and Insurance Code §6002.054(c) and §36.001.

Insurance Code §6002.054(c) provides that the commissioner set a fee not to exceed $20 for duplicate or changed fire alarm licenses and certificates.

Insurance Code §36.001 provides that the commissioner may adopt any rules necessary and appropriate to implement the powers and duties of TDI under the Insurance Code and other laws of this state.

CROSS-REFERENCE TO STATUTE. Section 34.614 implements Insurance Code §6002.054.

§34.614.Fees.

(a) Except for fees specified in subsection (c) of this section, all fees payable must be submitted by cashier's check or money order made payable to the Texas Department of Insurance [~~or the State Fire Marshal's Office,~~] or by online payment. [Should the department authorize other online or electronic original applications or other transactions, persons must submit fees with the transaction as directed by the department, the Texas OnLine Authority, or other online provider.] Except for overpayments resulting from mistakes of law or fact, all fees are nonrefundable.

(b) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.

(1) Certificates of registration:

(A) initial fee--$500;

(B) renewal fee (for two years, subject to the exceptions specified in §34.610(i) of this subchapter (relating to Certificate of Registration) for the initial alignment of the expiration and renewal dates of existing branches)--$1,000;

(C) renewal late fee (expired 1 day to 90 days)--$125 plus $37.50 for each branch office operated by the registered firm;

(D) renewal late fee (expired 91 days to two years)--$500 plus $150 for each branch office operated by the registered firm;

(E) branch office initial fee--$150;

(F) branch office renewal fee (for two years)--$300;

(2) Certificates of registration--Single Station:

(A) initial fee--$250;

(B) renewal fee (for two years)--$500;

(D) renewal late fee (expired 91 days to two years)--$250;

(E) branch office initial fee--None;

(F) branch office renewal fee (for two years)--None;

(3) Fire alarm licenses (fire alarm technician license, fire alarm monitoring technician license, residential fire alarm superintendent (single station) license; residential fire alarm superintendent license, fire alarm planning superintendent license):

(A) initial fee--$120;

(B) renewal fee (for two years)--$200;

(D) renewal late fee (expired 91 days to two years)--$120;

(4) Residential fire alarm technician licenses:

(A) initial fee (for one year)--$50;

(B) renewal fee (for two years)--$100;

(D) renewal late fee (expired 91 days to two years)--$50;

(5) Training school approval:

(A) initial fee (for one year)--$500;

(B) renewal fee (for one year)--$500;

(6) Instructor approval:

(A) initial fee (for one year)--$50;

(B) renewal fee (for one year)--$50;

(7) Change of address request--$0;

(8) [~~(7)~~] Duplicate or revised certificates, [~~certificate~~] approvals, or licenses, [~~license~~] or other requested changes to certificates, approvals, or licenses--$20;

(9) [~~(8)~~] Initial test fee (if administered by the State Fire Marshal's Office)--$20;

(10) [~~(9)~~] Retest fee (if administered by the State Fire Marshal's Office)--$20.

(d) All fees are forfeited if the applicant does not appear for the scheduled test.

(e) Late fees are required of all certificate or license holders who fail to submit complete renewal applications before the expiration of the certificate or license except as provided in the Insurance Code §6002.203(g).

(f) Fees for certificates and licenses that have expired for less than two years include both renewal and late fees.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405844

Jessica Barta

General Counsel

Texas Department of Insurance

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 676-6555

SUBCHAPTER G. FIRE SPRINKLER RULES

28 TAC §34.714

STATUTORY AUTHORITY. TDI proposes amendments to §34.714 under Government Code §417.005 and Insurance Code §6003.055(c) and §36.001.

Insurance Code §6003.055(c) provides that the commissioner set a fee not to exceed $70 for duplicate or changed fire sprinkler licenses and certificates.

Insurance Code §36.001 provides that the commissioner may adopt any rules necessary and appropriate to implement the powers and duties of TDI under the Insurance Code and other laws of this state.

CROSS-REFERENCE TO STATUTE. Section 34.714 implements Insurance Code §6003.055.

§34.714.Fees.

(a) Except for fees specified in subsection (b) of this section, all fees payable must be submitted by cashier's check or money order made payable to the Texas Department of Insurance [~~or the State Fire Marshal's Office,~~] or by online payment. [Should the department authorize other online or electronic original applications or other transactions, applicants must submit fees with the transaction as directed by the department, the Texas OnLine Authority, or other online provider.] Except for overpayments resulting from mistakes of law or fact, all fees are nonrefundable and nontransferable [~~non-transferable~~].

(b) Fees for tests administered by an outsource testing service are payable to the testing service in the amount and manner required by the testing service.

(1) Certificates of registration:

(A) all initial applications must include an application fee of--$50;

(B) initial fee--$900;

(D) renewal late fee (expired 1 day to 90 days)--$450;

(E) renewal late fee (expired 91 days to two years)--$900;

(2) Certificates of registration--(Dwelling or Underground fire main):

(A) all initial applications must include an application fee of--$50;

(B) initial fee--$300;

(D) renewal late fee (expired 1 day to 90 days)--$150;

(E) renewal late fee (expired 91 days to two years)--$300;

(3) Responsible managing employee license (General):

(A) initial fee--$200;

(B) renewal fee (for two years)--$350;

(D) renewal late fee (expired 91 days to two years)--$200;

(4) Responsible managing employee licenses (Dwelling, or Underground fire main):

(A) initial fee--$150;

(B) renewal fee (for two years)--$200;

(D) renewal late fee (expired 91 days to two years)--$150;

(5) Responsible managing employee license (General Inspector):

(A) initial fee--$50;

(B) renewal fee (for two years)--$100;

(D) renewal late fee (expired 91 days to two years)--$50;

(6) Change of address request--$0;

(7) [~~(6)~~] Duplicate or revised certificates [~~certificate~~] or licenses, [~~license~~] or other requested changes to certificates or licenses--$35;

(8) [~~(7)~~] Test fee (if administered by the State Fire Marshal's Office)--$50.

(d) Late fees are required of all certificate or license holders who fail to submit renewal applications before their expiration dates.

(e) A license or registration expires at 12:00 midnight on the date printed on the license or registration. A renewal application and fee for license or registration must be postmarked on or before the date of expiration to be accepted as timely. If a renewal application is not complete but there has been no lapse in the required insurance, the applicant will have 30 days from the time the applicant is notified by the State Fire Marshal's Office of the deficiencies in the renewal application to submit any additional requirement. If an applicant fails to respond and correct all deficiencies in a renewal application within the 30-day period, a late fee may be charged.

(f) Holders of certificates and licenses that have been expired for less than two years cannot be issued new certificates or licenses.

(g) Fees for certificates and licenses that have been expired for less than two years include both renewal and late fees.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405845

Jessica Barta

General Counsel

Texas Department of Insurance

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 676-6555

SUBCHAPTER H. STORAGE AND SALE OF FIREWORKS

28 TAC §34.814

STATUTORY AUTHORITY. TDI proposes amendments to §34.814 under Government Code §417.005, Occupations Code §2154.104, and Insurance Code §36.001 and §36.002.

Occupations Code §2154.104 provides that a person must be charged a fee in an amount not to exceed $20 for duplicate license issued by the commissioner and for any requested change to a license.

Insurance Code §36.001 provides that the commissioner may adopt any rules necessary and appropriate to implement the powers and duties of TDI under the Insurance Code and other laws of this state.

Insurance Code §36.002 provides that the commissioner may adopt reasonable rules that are appropriate to accomplish the purposes of Occupations Code Chapter 2154.

CROSS-REFERENCE TO STATUTE. Section 34.814 implements Occupations Code §2154.104.

§34.814.Fees.

(a) All fees payable must be submitted by cashier's check or money order made payable to the Texas Department of Insurance or by online payment. Except for overpayments resulting from mistakes of law or fact, all fees are nonrefundable. [Fees payable to the department and required by the Occupations Code Chapter 2154 and this subchapter, must be paid by cash, money order, check, or by online payment. Money orders and checks must be made payable to the Texas Department of Insurance. Except for overpayments resulting from mistakes of law or fact, or credits for unused retail fireworks permits, all fees are nonrefundable.]

(b) [~~Fees payable to the department must be paid at the Office of the State Fire Marshal in Austin or mailed to an address specified by the state fire marshal.~~] Retail permits may [~~also~~] be obtained through participating licensed firms. See §34.815 of this title (relating to Retail Permits).

(c) Fees for tests administered by an outsourced [~~outsource~~] testing service are payable to the testing service in the amount and manner the service requires. [~~required by the testing service.~~]

(d) Fees are as follows:

(1) manufacturer license:

(A) initial fee--$1,000;

(B) renewal fee (before expiration)--$1,000;

(D) renewal late fee (expired 91 days to two years)--$1,000;

(2) distributor license:

(A) initial fee--$1,500;

(B) renewal fee (before expiration)--$1,500;

(D) renewal late fee (expired 91 days to two years)--$1,500;

(3) jobber license:

(A) initial fee--$1,000;

(B) renewal fee (before expiration)--$1,000;

(D) renewal late fee (expired 91 days to two years)--$1,000;

(4) pyrotechnic special effects operator license:

(A) initial fee--$45;

(B) renewal fee (before expiration)--$25;

(D) renewal late fee (expired 91 days to two years)--$45;

(5) pyrotechnic operator license:

(A) initial fee--$45;

(B) renewal fee (before expiration)--$25;

(D) renewal late fee (expired 91 days to two years)--$45;

(6) multiple public display permit:

(A) initial fee--$400;

(B) renewal fee (before expiration)--$400;

(7) retail permit--$20;

(8) single public display permit--$50;

(9) agricultural, industrial, and wildlife control permits--$10;

(10) flame effects operator:

(A) initial fee--$45;

(B) renewal fee (before expiration)--$25;

(D) renewal late fee (expired 91 days to two years)--$45;

(11) test [~~Tests~~] administered by the State Fire Marshal's Office:

(A) initial test fee--$20;

(B) retest fee--$20;[.]

(12) change of address request--$0;

(13) duplicate or revised permits or licenses, or other requested changes to permits or licenses--$20.

(e) A renewal application for a license must be accompanied by the renewal fee and may be paid either online or by mail. The renewal application and fee must be submitted before the license's expiration date. A renewal application or payment by mail must be postmarked before the date the license expires. Renewal applications postmarked after the license expiration date must be accompanied by both the renewal fee and the appropriate late fee. [A renewal application for a license accompanied by the renewal fee deposited with the United States Postal Service is deemed to be timely filed when its envelope bears a legible postmark on or before the expiration date of the license being renewed. Any renewal application postmarked after the expiration date must be accompanied by the renewal fee and the appropriate late fee.]

(f) Holders of certificates and licenses that have been expired for less than two years cannot be issued new certificates or licenses.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405846

Jessica Barta

General Counsel

Texas Department of Insurance

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 676-6555

SUBCHAPTER M. SCHEDULED ADMINISTRATIVE PENALTIES

28 TAC §34.1302

STATUTORY AUTHORITY. TDI proposes amendments to §34.1302 under Government Code §417.005 and §417.010, and Insurance Code §36.001 and §36.002.

Government Code §417.010 requires the commissioner to adopt by rule a schedule of administrative penalties for violations subject to a penalty under §417.010 to ensure that the amount of an administrative penalty imposed is appropriate to the violation, and it provides that the state fire marshal may impose an administrative penalty without referring the violation to TDI for commissioner action.

Insurance Code §36.001 provides that the commissioner may adopt any rules necessary and appropriate to implement the powers and duties of TDI under the Insurance Code and other laws of this state.

Insurance Code §36.002 provides that the commissioner may adopt reasonable rules that are appropriate to accomplish the purposes of Occupations Code Chapter 2154.

CROSS-REFERENCE TO STATUTE. Section 34.1302 implements Government Code §417.005 and §417.010.

§34.1302.Schedule of Administrative Penalties.

(a) The Fire Extinguisher Penalty Schedule is specified as follows.

Figure: 28 TAC §34.1302(a) (.pdf)

[~~Figure: 28 TAC §34.1302(a)~~]

(b) The Fire Alarm Penalty Schedule is specified as follows.

Figure: 28 TAC §34.1302(b) (.pdf)

[~~Figure: 28 TAC §34.1302(b)~~]

Figure: 28 TAC §34.1302(c) (.pdf)

[~~Figure: 28 TAC §34.1302(c)~~]

(d) The Fireworks Indoor Retail Stand Penalty Schedule is specified as follows.

Figure: 28 TAC §34.1302(d) (No change.)

(e) The Fireworks Retail Site Penalty Schedule is specified as follows.

Figure: 28 TAC §34.1302(e) (No change.)

(f) The Fireworks Distributor Licensing Retailer Permit Penalty is specified as follows.

Figure: 28 TAC §34.1302(f) (.pdf)

[~~Figure: 28 TAC §34.1302(f)~~]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405847

Jessica Barta

General Counsel

Texas Department of Insurance

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 676-6555