PART 1. TEXAS DEPARTMENT OF INSURANCE
CHAPTER 1. GENERAL ADMINISTRATION
SUBCHAPTER G. NOTICE AND PROCESSING PERIODS FOR PERMIT APPLICATIONS
The commissioner of insurance adopts new 28 TAC §1.814, concerning occupational and business permits and licenses for military service members, military veterans, and military spouses. The new section is adopted with nonsubstantive changes to the proposed text published in the December 1, 2023, issue of the Texas Register (48 TexReg 6997). The section will be republished.
REASONED JUSTIFICATION. New §1.814 implements Senate Bill 422, 88th Legislature, 2023, and Chapter 55 of the Occupations Code and aligns the rules of the Texas Department of Insurance (TDI) with 50 USC §4025a. Chapter 55 provides for alternative licensing procedures and requirements for military service members, military veterans, and military spouses. Before the passage of SB 422, Occupations Code §55.0041 required licensing agencies to recognize the out-of-state licenses of military spouses. SB 422 amended §55.0041 to also apply to military service members and to incorporate additional changes. The bill also amended Occupations Code §55.004(d) to apply residency rules to military service members and §55.005(a) to require that licensing agencies' processing and issuance of a license to a military service member, veteran, or spouse be completed within 30 days after application filing.
New §1.814 implements Chapter 55 of the Occupations Code, including §55.0041 as amended by SB 422, by describing the alternative licensing procedures and requirements for license applications by military service members, veterans, and spouses. Under new §1.814, these licensing procedures and requirements apply to all licenses issued by TDI, including the State Fire Marshal's Office. New §1.814 also aligns such procedures and requirements with 50 USC §4025a, which provides for the portability of professional licenses of service members and their spouses.
New subsection (a) of §1.814 provides applicable definitions. New subsection (b) addresses conflicts with other sections in Title 28 of the Administrative Code. New subsection (c) clarifies the applicability of the new section. New subsection (d) describes the alternative licensing requirements available to military service members, veterans, and spouses. New subsection (e) provides for extension of the deadline for license renewal and related fee exemption for military service members who hold a Texas license. New subsection (f) provides for exemption from payment of license application and examination fees. New subsection (g) provides for reciprocity for out-of-state licenses for military service members and military spouses, consistent with SB 422. The text of §1.814(g)(3) as proposed has been changed to correct an error in the citation to 50 USC §4025a. New subsection (h) includes provisions applicable only to military service members and military spouses who are administrators. New subsection (i) provides for expedited licensing procedures. New subsection (j) provides for crediting of a military service member or veteran's military service, training, or education toward apprenticeship requirements or other license requirements. New subsection (k) gives guidance on residency documentation requirements. New subsection (l) provides for TDI's identification of states with licensing requirements that are substantially equivalent to Texas requirements.
Separate adoption orders amend or repeal sections in Chapters 7, 15, 19, 25, and 34 of Title 28 of the Administrative Code for consistency with the provisions in new §1.814.
SUMMARY OF COMMENTS. TDI provided an opportunity for public comment on the rule proposal for a period that ended on January 3, 2024. TDI did not receive any comments on the proposed new section.
STATUTORY AUTHORITY. The commissioner adopts new 28 TAC §1.814 under Occupations Code §§55.002, 55.004(a), 55.0041, 55.007, and 55.008; Government Code §417.004(a); and Insurance Code §§36.109, 4001.005, and 36.001.
Occupations Code §55.002 requires state agencies to adopt rules to exempt certain military service members from increased fees and penalties for failure to timely renew a license.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041, which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section. In addition, Occupations Code §55.0041(f) authorizes state agencies to adopt rules for the issuance of a license to a military service member or military spouse who receives confirmation from TDI of licensure verification and authorization to engage in the business or occupation under Occupations Code §55.0041.
Occupations Code §55.007, which addresses license eligibility requirements for military service members and military veterans, requires state agencies to adopt rules necessary to implement the section. In addition, Occupations Code §55.007(c) provides that such rules may not apply to certain applicants who hold a restricted license or has an unacceptable criminal history.
Occupations Code §55.008, which addresses apprenticeship requirements for certain applicants with military experience, requires TDI to adopt rules necessary to implement the section.
Government Code §417.004(a) authorizes the commissioner to perform supervisory and rule-making functions previously performed by the Texas Commission on Fire Protection under the subsection.
Insurance Code §36.109, which addresses renewal extension for certain persons performing military service, authorizes the commissioner to adopt rules as necessary to implement the section.
Insurance Code §4001.005 authorizes the commissioner to adopt rules necessary to implement Title 13 of the Insurance Code and to meet minimum requirements of federal law.
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.
§1.814.Military Service Member, Military Veteran, and Military Spouse.
(a) Definitions.
(1) The definitions for terms defined in Occupations Code §55.001, concerning Definitions, are applicable to this section, including the terms "military service member," "military veteran," and "military spouse."
(2) for purposes of this section, "license" has the same meaning as "permit," as defined in §1.802 of this title (relating to Definitions), unless the context clearly indicates otherwise, and "licensee" includes anyone who holds a permit issued by the agency.
(b) Conflict. To the extent that provisions in this section conflict with provisions in any other section in this title, this section controls.
(c) Applicability. The provisions in this section apply to all permits as defined in §1.802 of this title, including licenses and certificates of authority for administrators under Chapter 7, Subchapter P of this title (relating to Administrators); surplus lines agents under Chapter 15, Subchapter B of this title (relating to Surplus Lines Agents); insurance professionals under Chapter 19, Subchapter I of this title (relating to General Provisions Regarding Fees, Applications, and Renewals); and insurance premium finance companies under Chapter 25, Subchapter B of this title (relating to Licensing and Regulation); and licenses issued by the state fire marshal under Chapter 34 of this title (relating to State Fire Marshal).
(d) Alternative licensing requirements. Consistent with Occupations Code §55.004, concerning Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses, an applicant for a license who is a military service member, military veteran, or military spouse may complete the following alternative procedures for licensing:
(1) Resident licensing by reciprocity for military service members and military spouses. An applicant who is a military service member or military spouse and who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license may apply for a Texas resident license as provided in subsection (g) of this section.
(2) Resident licensing by reciprocity for military veterans. An applicant who is a military veteran and who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license may apply for a Texas resident license subject to the applicable qualifications for resident licenses as provided in this title and subject to subsection (f) of this section.
(3) Expired resident licenses. An applicant who is a military service member, military veteran, or military spouse and whose Texas resident license has been expired for fewer than five years preceding the application date may request that TDI waive the examination requirement. An applicant requesting this waiver must submit to the applicable licensing office or division of the agency:
(A) a new license application;
(B) identification indicating that the applicant is a military service member; military veteran; or military dependent, if a military spouse;
(C) evidence that the applicant has completed all required continuing education for the periods the applicant was licensed and paid all fines as required under this title; and
(D) a request for waiver that includes an explanation that justifies waiver of the licensing examination.
(e) License renewal extension and fee exemption.
(1) As specified in Occupations Code §55.003, concerning Extension of License Renewal Deadlines for Military Service Members, a military service member who holds a license is entitled to two additional years to complete any requirements related to the renewal of the license, including continuing education requirements, and to submit a renewal application including the following:
(A) the licensee's name, address, and license number;
(B) the licensee's military identification indicating that the individual is a military service member; and
(C) a statement requesting up to two years of additional time to complete the renewal, including continuing education requirements.
(2) A military service member specified in paragraph (1) of this subsection is exempt from additional fees or penalties required under this title for failure to renew a license in a timely manner, as specified in Occupations Code §55.002, concerning Exemption from Penalty for Failure to Renew License.
(3) A military service member specified in paragraph (1) of this subsection must satisfy the continuing education requirement for which the compliance period has been extended before satisfying the continuing education requirement for any other period.
(4) A military service member serving in a combat theater, as provided for in Insurance Code §36.109, concerning Renewal Extension for Certain Persons Performing Military Service, may apply for an exemption from or an extension of time for meeting license renewal requirements, including continuing education requirements. The licensee must request the exemption or extension before the end of the applicable reporting period and must include:
(A) a copy of the order for active duty status, service in a combat theater, or other positive documentation of military service that will demonstrate that the licensee is prevented from compliance;
(B) a clear request for either an extension or exemption, or both;
(C) a statement indicating whether the request is for an extension or exemption, or both, from continuing education requirements or from license renewal;
(D) the expected duration of the assignment; and
(E) any other information the licensee believes may assist the agency or that the agency requests, on a case-by-case basis.
(f) Fee exemptions.
(1) Consistent with Occupations Code §55.009, concerning License Application and Examination Fees, the following applicants are not required to pay any applicable license application fee or examination fee that is otherwise payable to the agency:
(A) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or
(B) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license.
(2) The fee exemption under paragraph (1) of this subsection does not apply to license renewal application fees.
(3) To qualify for the fee exemption under paragraph (1)(A) of this subsection, the applicant must submit as applicable:
(A) the license application, with a request for waiver of the application fee and examination fee;
(B) identification indicating that the applicant is a military service member or military veteran; and
(C) documentation that the applicant's military service, training, or education substantially meets all the requirements for the license.
(4) To qualify for the fee exemption under paragraph (1)(B) of this subsection, the applicant must submit as applicable:
(A) the license application, with a request for waiver of the application fee and examination fee; and
(B) identification indicating that the applicant is a military service member, military veteran, or military spouse.
(g) Reciprocal licenses for military service members and military spouses.
(1) A military service member or military spouse who is licensed in a state with substantially equivalent requirements to those of Texas is eligible for a Texas resident license while the military service member is stationed at a military installation in Texas.
(2) A license granted under paragraph (1) of this subsection is effective for a period of three years from the date the applicant receives confirmation from the agency of receipt of the items described in paragraph (4)(A) - (C) of this subsection and may not be renewed.
(3) Consistent with 50 USC §4025a, concerning Portability of Professional Licenses of Servicemembers and Their Spouses, if military orders require the military service member to continue to be stationed in Texas past the expiration of the license as described in paragraph (2) of this subsection, the licensee may apply for a new license under paragraph (1) of this subsection. A licensee seeking a new license under this paragraph must submit to the applicable licensing office or division of the agency documentation of the military order or orders requiring that the military service member continue to be stationed in Texas past the license expiration date.
(4) To apply for a license under this subsection, the applicant must provide to the applicable licensing office or division of the agency:
(A) an application notifying the agency of the applicant's intent to operate in Texas;
(B) proof of the applicant's residency in Texas and a copy of the applicant's military identification card; and
(C) evidence of good standing from the state with substantially equivalent requirements to the requirements of this state.
(5) Within 30 days after the applicant's submission of the items described in paragraph (4) of this subsection, the agency will verify the applicant's good standing status described in paragraph (4)(C) of this subsection.
(h) Administrators.
(1) A military service member or military spouse who is licensed as an administrator in a state with substantially equivalent requirements as those found in §7.1604 of this title (relating to Application for Certificate of Authority) and Insurance Code Chapter 4151, concerning Third-Party Administrators, may engage as an administrator while the military service member is stationed at a military installation in Texas.
(2) A military service member or military spouse seeking to engage as an administrator under this subsection must:
(A) submit an application notifying the agency of the military service member or military spouse's intent to engage as an administrator in Texas;
(B) submit to the agency proof of the applicant's residency in Texas and a copy of the applicant's military identification card; and
(C) show evidence of good standing from a jurisdiction with substantially equivalent requirements as those found in §7.1604 of this title and Insurance Code Chapter 4151.
(3) Notwithstanding §7.1604 of this title, a military service member or military spouse seeking to engage as an administrator under this subsection will not be assessed any application fees under that section.
(4) A military service member or military spouse authorized to engage as an administrator must comply with and adhere to all other laws and rules applicable to administrators.
(i) Expedited license procedure. Within 30 days of the filing of a license application by a military service member, military veteran, or military spouse, the agency will process the application and issue the license to an applicant who qualifies for the license under subsection (d) of this section, subject to other qualification requirements under this title.
(j) Credit for military service, training, or education.
(1) An applicant who is a military service member or military veteran may submit to the agency documentation of the applicant's military service, training, or education. Such military service, training, or education, after verification by the agency, will be credited to license requirements other than examination requirements. This subsection will not apply to an applicant who holds a restricted license issued by another jurisdiction or who has an unacceptable criminal history.
(2) If an apprenticeship is required for the license, an applicant who is a military service member or military veteran may submit to the agency documentation of the applicant's military service, training, or education that is relevant to the occupation. Such military service, training, or education, after verification by the agency, will be credited to the apprenticeship requirements.
(k) Residency. For an application for a license that has a residency requirement for license eligibility, an applicant who is a military service member or military spouse may establish residency for the purposes of this section by providing the applicable licensing office or division of the agency with a copy of the permanent change of station order or other military order requiring the military service member to be stationed in Texas, or any other documentation of residency for license eligibility permitted under this title.
(l) States with substantially equivalent requirements. For the purposes of this section, the agency will work with non-Texas jurisdictions to:
(1) identify, with respect to each type of license issued by the agency, the jurisdictions that have licensing requirements that are substantially equivalent to the requirements for the license in Texas; and
(2) verify that a military service member or military spouse is licensed in good standing in a jurisdiction described in paragraph (1) of this subsection.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400524
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
SUBCHAPTER P. ADMINISTRATORS
The commissioner of insurance adopts amendments to 28 TAC §7.1603, concerning the certificate of authority required for administrators. The amendments are adopted without changes to the proposed text published in the December 1, 2023, issue of the Texas Register (48 TexReg 7001). The section will not be republished.
REASONED JUSTIFICATION. The amendments to §7.1603 are necessary to remove redundant provisions and implement Senate Bill 422, 88th Legislature, 2023, which amended Occupations Code §§55.004(d), 55.0041, and 55.005(a). Chapter 55 of the Occupations Code provides for alternative licensing procedures and requirements for military service members, military veterans, and military spouses. Before the passage of SB 422, Occupations Code §55.0041 required licensing agencies to recognize the out-of-state licenses of military spouses. SB 422 amended §55.0041 to also apply to military service members and to incorporate additional changes.
As part of the implementation of SB 422, the Texas Department of Insurance (TDI) is separately adopting new 28 TAC §1.814, which provides alternative licensing procedures and requirements for license applications by military service members, military veterans, and military spouses, consistent with Occupations Code Chapter 55 and 50 USC §4025a. New §1.814 applies to all licenses, permits, certifications, and other authorizations issued by TDI, including certificates of authority for administrators.
Section 7.1603 requires that persons holding themselves out as administrators must hold a certificate of authority under Insurance Code Chapter 4151. Subsections (a), (c), (d), (e), and (f) currently include requirements for military spouses seeking authorization to or who are currently authorized in other states to engage as an administrator. The amendments to §7.1603 remove these provisions, including part of subsection (a), and subsections (c), (d), (e), and (f), which apply to military spouses, because they are made redundant by new §1.814. Amendments also insert the titles of cited Insurance Code provisions in subsection (a).
SUMMARY OF COMMENTS. TDI provided an opportunity for public comment on the rule proposal for a period that ended on January 3, 2024. TDI did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The commissioner adopts the amendments to §7.1603 under Occupations Code §55.0041(e) and Insurance Code §36.001.
Occupations Code §55.0041(e), which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400525
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
SUBCHAPTER B. SURPLUS LINES AGENTS
The commissioner of insurance adopts amendments to 28 TAC §15.101, concerning the licensing of surplus lines agents. The amendments are adopted without changes to the proposed text published in the December 1, 2023, issue of the Texas Register (48 TexReg 7002). The section will not be republished.
REASONED JUSTIFICATION. The amendments to §15.101 are necessary to remove redundant provisions and implement Senate Bill 422, 88th Legislature, 2023. Chapter 55 of the Occupations Code provides for alternative licensing procedures and requirements for military service members, military veterans, and military spouses. Before the passage of SB 422, Occupations Code §55.0041 required licensing agencies to recognize the out-of-state licenses of military spouses. SB 422 amended §55.0041 to also apply to military service members and to incorporate additional changes.
As part of the implementation of SB 422, TDI is separately adopting new 28 TAC §1.814, which provides alternative licensing procedures and requirements for license applications by military service members, military veterans, and military spouses, consistent with Occupations Code Chapter 55 and 50 USC §4025a. New §1.814 applies to all licenses, permits, certifications, and other authorizations issued by the Texas Department of Insurance (TDI), including surplus lines agent licenses.
Section 15.101 addresses requirements for the licensing of surplus lines agents, and subsection (g) provides licensing requirements for military spouses. The amendments remove subsection (g), which is made redundant by new §1.814, and redesignate the subsections that follow subsection (g) to reflect its removal. In addition, amendments in subsections (b), (e), and (f) and redesignated subsections (g) and (h) add the titles of cited Insurance Code sections, and an amendment to subsection (f) revises the capitalization of the word "Commissioner," for consistency with current TDI rule drafting style.
SUMMARY OF COMMENTS. TDI provided an opportunity for public comment on the rule proposal for a period that ended on January 3, 2024. TDI did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The commissioner adopts amendments to 28 TAC §15.101 under Occupations Code §55.0041(e) and Insurance Code §36.001.
Occupations Code §55.0041, which addresses recognition of out-of-state licenses of military service members and military spouses, requires in subsection (e) that state agencies adopt rules to implement the section.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400526
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
The commissioner of insurance adopts the repeal of §19.803 and amended §19.810 in Subchapter I of 28 TAC Chapter 19 and adopts amended §19.1004 in Subchapter K of 28 TAC Chapter 19. These sections concern the licensing of insurance professionals. The amendments and repeal are adopted without changes to the proposed text published in the December 1, 2023, issue of the Texas Register (48 TexReg 7004). The sections will not be republished.
REASONED JUSTIFICATION. The amended sections and repeal are necessary to remove redundant provisions and implement Senate Bill 422, 88th Legislature, 2023. Chapter 55 of the Occupations Code provides for alternative licensing procedures and requirements for military service members, military veterans, and military spouses. Before the passage of SB 422, Occupations Code §55.0041 required licensing agencies to recognize the out-of-state licenses of military spouses. SB 422 amended §55.0041 to also apply to military service members and to incorporate additional changes.
As part of the implementation of SB 422, the Texas Department of Insurance (TDI) is separately adopting new 28 TAC §1.814, which provides alternative licensing procedures and requirements for license applications by military service members, military veterans, and military spouses, consistent with Occupations Code Chapter 55 and 50 USC §4025a. New §1.814 applies to all licenses, permits, certifications, and other authorizations TDI issues, including insurance professional licenses.
The amendments to specific sections and the repeal are described in the following paragraphs.
Section 19.803. Section 19.803, which provides procedures for licensing of military service members, military veterans, and military spouses, is repealed. This section is no longer necessary; it is superseded by new 28 TAC §1.814.
Section 19.810. The adopted amendments to §19.810 remove outdated effective dates in subsection (a) and replace references to §19.803 in subsection (b) with references to new 28 TAC §1.814. The amendments also correct erroneous references in subsection (f), correct a grammatical error in subsection (h)(1), and insert the titles of cited Insurance Code and Administrative Code provisions in subsections (a), (c)(2), and (h)(1).
Section 19.1004. The adopted amendments to §19.1004 remove subsection (f), which provides for licensing-related exemptions and extensions for military service members. Subsection (f) is superseded by new 28 TAC §1.814. The amendments also update references to subsection (f) and redesignate the subsections that follow subsection (f) to reflect its removal. In addition, the amendments insert the titles of cited Insurance Code and Administrative Code provisions in subsection (b) and redesignated subsections (f) and (g).
SUMMARY OF COMMENTS. TDI provided an opportunity for public comment on the rule proposal for a period that ended on January 3, 2024. TDI did not receive any comments on the proposed amendments and repeal.
SUBCHAPTER I. GENERAL PROVISIONS REGARDING FEES, APPLICATIONS, AND RENEWALS
STATUTORY AUTHORITY. The commissioner adopts the repeal of §19.803 under Occupations Code §§55.002, 55.004(a), 55.0041, 55.007, and 55.008, and Insurance Code §§36.109, 4001.005, and 36.001.
Occupations Code §55.002 requires state agencies to adopt rules to exempt certain military service members from increased fees and penalties for failure to timely renew a license.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041, which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section. In addition, Occupations Code §55.0041(f) authorizes state agencies to adopt rules for the issuance of a license to a military service member or military spouse who provides confirmation from TDI of licensure verification and authorization to engage in the business or occupation under Occupations Code §55.0041.
Occupations Code §55.007, which addresses license eligibility requirements for military service members and military veterans, requires state agencies to adopt rules necessary to implement the section.
Occupations Code §55.008, which addresses apprenticeship requirements for certain applicants with military experience, requires state agencies to adopt rules necessary to implement the section.
Insurance Code §36.109, which addresses renewal extension for certain persons performing military service, authorizes the commissioner to adopt rules as necessary to implement the section.
Insurance Code §4001.005 authorizes the commissioner to adopt rules necessary to implement Title 13 of the Insurance Code and to meet minimum requirements of federal law.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400527
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
STATUTORY AUTHORITY. The commissioner adopts amendments to §19.810 under Occupations Code §§55.002, 55.004(a), and 55.0041, and Insurance Code §§36.109, 4001.005, and 36.001.
Occupations Code §55.002 requires state agencies to adopt rules to exempt certain military service members from increased fees and penalties for failure to timely renew a license.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041 which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
Insurance Code §36.109, which addresses renewal extension for certain persons performing military service, authorizes the commissioner to adopt rules as necessary to implement the section.
Insurance Code §4001.005 authorizes the commissioner to adopt rules necessary to implement Title 13 of the Insurance Code and to meet minimum requirements of federal law.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400528
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
STATUTORY AUTHORITY. The commissioner adopts amendments to §19.1004 under Occupations Code §§55.002, 55.004(a), and 55.0041, and Insurance Code §§36.109, 4001.005, and 36.001.
Occupations Code §55.002 requires state agencies to adopt rules to exempt certain military service members from increased fees and penalties for failure to timely renew a license.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041, which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
Insurance Code §36.109, which addresses renewal extension for certain persons performing military service, authorizes the commissioner to adopt rules as necessary to implement the section.
Insurance Code §4001.005 authorizes the commissioner to adopt rules necessary to implement Title 13 of the Insurance Code and to meet minimum requirements of federal law.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400529
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
SUBCHAPTER B. LICENSING AND REGULATION
The commissioner of insurance adopts amendments to 28 TAC §25.24, concerning applications for an insurance premium finance company license. The amendments are adopted without changes to the proposed text published in the December 1, 2023, issue of the Texas Register (48 TexReg 7009). The section will not be republished.
REASONED JUSTIFICATION. The amendments to §25.24 are necessary to remove redundant language and implement Senate Bill 422, 88th Legislature, 2023, which amended Occupations Code §§55.004(d), 55.0041, and 55.005(a). Chapter 55 of the Occupations Code provides for alternative licensing procedures and requirements for military service members, military veterans, and military spouses. Before the passage of SB 422, Occupations Code §55.0041 required licensing agencies to recognize the out-of-state licenses of military spouses. SB 422 amended §55.0041 to also apply to military service members and to incorporate additional changes.
As part of the implementation of SB 422, the Texas Department of Insurance (TDI) is separately adopting new 28 TAC §1.814, which provides alternative licensing procedures and requirements for license applications by military service members, military veterans, and military spouses, consistent with Occupations Code Chapter 55 and with 50 USC §4025a. New §1.814 applies generally to all licenses, permits, certifications, and other authorizations issued by TDI, including insurance premium finance company licenses.
Section 25.24 addresses requirements for insurance premium finance company licenses, and subsections (c) and (d) of §25.24 provide alternative licensing procedures for military spouses and related application fee exemption. The amendments remove subsections (c) and (d) because they will be made redundant by new §1.814. In addition, subsection (b) is amended to remove a reference to subsection (d).
SUMMARY OF COMMENTS. TDI provided an opportunity for public comment on the rule proposal for a period that ended on January 3, 2024. TDI did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The commissioner adopts amendments to §25.24 under Occupations Code §55.0041 and Insurance Code §651.003 and §36.001.
Occupations Code §55.0041, which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
Insurance Code §651.003 authorizes the commissioner to adopt rules necessary to administer Insurance Code Chapter 651.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400530
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
The commissioner of insurance adopts the repeals of 28 TAC §§34.524, 34.631, 34.726, and 34.833, concerning licenses issued to military service members, military veterans, and military spouses. The repeals are adopted without changes to the proposed text published in the December 1, 2023, issue of the Texas Register (48 TexReg 7010). The sections will not be republished.
REASONED JUSTIFICATION. The repeals are necessary to implement Senate Bill 422, 88th Legislature, 2023 and Chapter 55 of the Occupations Code. Chapter 55 provides for alternative licensing procedures and requirements for military service members, military veterans, and military spouses. Before the passage of SB 422, Occupations Code §55.0041 required licensing agencies to recognize the out-of-state licenses of military spouses. SB 422 amended §55.0041 to also apply to military service members and to incorporate additional changes.
As part of the implementation of SB 422, the Texas Department of Insurance (TDI) is separately adopting new 28 TAC §1.814, which provides alternative licensing procedures and requirements for license applications by military service members, military veterans, and military spouses, consistent with Occupations Code Chapter 55 and 50 USC §4025a. New §1.814 applies to all licenses, permits, certifications, and other authorizations issued by TDI, including those issued by the state fire marshal.
Section 34.524 addresses the waiver of application and examination fees, as well as alternative licensing options for military service members, veterans, and spouses, as it relates to fire extinguisher rules.
Section 34.631 addresses the waiver of application and examination fees, as well as alternative licensing options for military service members, veterans, and spouses, as it relates to fire alarm rules.
Section 34.726 addresses the waiver of application and examination fees, as well as alternative licensing options for military service members, veterans, and spouses, as it relates to fire sprinkler rules.
Section 34.833 addresses the waiver of application and examination fees, as well as alternative licensing options for military service members, veterans, and spouses, as it relates to the sale and storage of fireworks.
Sections 34.524, 34.631, 34.726, and 34.833 are repealed because they are made redundant by new §1.814.
SUMMARY OF COMMENTS. TDI provided an opportunity for public comment on the rule proposal for a period that ended on January 3, 2024. TDI did not receive any comments on the proposed repeals.
SUBCHAPTER E. FIRE EXTINGUISHER RULES
STATUTORY AUTHORITY. The commissioner adopts the repeal of 28 TAC §34.524 under Occupations Code §§55.004(a), 55.0041(e), and 55.008(b); Government Code §417.004(a); and Insurance Code §§6001.051(b), 6001.052(c), and 36.001.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041(e), which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
Occupations Code §55.008(b), which addresses apprenticeship requirements for certain applicants with military experience, requires state agencies to adopt rules necessary to implement the section.
Government Code §417.004(a) authorizes the commissioner to perform supervisory and rulemaking functions under the subsection.
Insurance Code §6001.051(b) provides that the commissioner may issue rules necessary to administer Insurance Code Chapter 6001 through the state fire marshal.
Insurance Code §6001.052(c) requires the commissioner to prescribe requirements for applications and qualifications for licenses, permits, and certificates issued under Insurance Code Chapter 6001.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400531
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
STATUTORY AUTHORITY. The commissioner adopts the repeal of 28 TAC §34.631 under Occupations Code §§55.004(a), 55.0041(e), and 55.008(b); Government Code §417.004(a); and Insurance Code §6002.051(b) and §36.001.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041(e), which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
Occupations Code §55.008(b), which addresses apprenticeship requirements for certain applicants with military experience, requires state agencies to adopt rules necessary to implement the section.
Government Code §417.004(a) authorizes the commissioner to perform supervisory and rulemaking functions under the subsection.
Insurance Code §6002.051(b) provides that the commissioner may adopt rules as necessary to administer Insurance Code Chapter 6002, including rules the commissioner considers necessary to administer the chapter through the state fire marshal.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400532
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
STATUTORY AUTHORITY. The commissioner adopts the repeal of 28 TAC §34.726 under Occupations Code §§55.004(a), 55.0041(e), and 55.008(b); Government Code §417.004(a); and Insurance Code §6003.051(b) and §36.001.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041(e), which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
Occupations Code §55.008(b), which addresses apprenticeship requirements for certain applicants with military experience, requires state agencies to adopt rules necessary to implement the section.
Government Code §417.004(a) authorizes the commissioner to perform supervisory and rulemaking functions under the subsection.
Insurance Code §6003.051(b) provides that the commissioner may issue rules necessary to administer Insurance Code Chapter 6003 through the state fire marshal.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400533
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555
STATUTORY AUTHORITY. The commissioner adopts the repeal of 28 TAC §34.833 under Occupations Code §§55.004(a), 55.0041(e), 55.008(b), and 2154.052; Government Code §417.004(a); and Insurance Code §36.001.
Occupations Code §55.004(a) requires state agencies to adopt rules for the issuance of a license to certain military service members, military veterans, and military spouses.
Occupations Code §55.0041(e), which addresses recognition of out-of-state licenses of military service members and military spouses, requires state agencies to adopt rules to implement the section.
Occupations Code §55.008(b), which addresses apprenticeship requirements for certain applicants with military experience, requires state agencies to adopt rules necessary to implement the section.
Occupations Code §2154.052 authorizes the commissioner to issue rules to administer Insurance Code Chapter 2154 requires the commissioner to adopt rules regulating issuance of licenses and permits to persons engaged in manufacturing, selling, storing, possessing, or transporting fireworks in this state and adopt rules for applications for licenses and permits.
Government Code §417.004(a) authorizes the commissioner to perform supervisory and rulemaking functions under the subsection.
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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 9, 2024.
TRD-202400534
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: February 29, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 676-6555