PART 1. TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5. PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER E. TEXAS WINDSTORM INSURANCE ASSOCIATION
DIVISION 4. CONSUMER ASSISTANCE; CLAIM PROCESSES
The commissioner of insurance adopts amendments to 28 TAC §5.4215 and §5.4233, concerning updates to umpire and mediator roster application forms. The amendments are adopted without changes to the proposed text published in the June 14, 2024, issue of the Texas Register (49 TexReg 4416). The sections will not be republished.
REASONED JUSTIFICATION. The amended sections are necessary to add requirements related to applicants' consent to publish confidential information, and to state whether umpires are insured by the Texas Windstorm Insurance Association (TWIA). Senate Bill 510 added Government Code §552.11765, which created new categories of confidential information for state agencies. Section 5.4215 provides requirements for the appraisal umpire roster that TDI maintains for TWIA claims. That section specifies the information that umpire applicants must provide to register with TDI. Section 5.4233 does the same for the mediator roster.
SUMMARY OF COMMENTS. TDI provided an opportunity for public comment on the rule proposal for a period that ended on July 15, 2024. TDI did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The commissioner adopts the amendments to §5.4215 and §5.4233 under Insurance Code §§2210.008, 2210.575, 2210.580 and 36.001.
Insurance Code §2210.008 provides that the commissioner may adopt rules as reasonable and necessary to implement Insurance Code Chapter 2210.
Insurance Code §2210.575 requires the commissioner to establish rules for alternative dispute resolution for disputes concerning denied coverage.
Insurance Code §2210.580 provides that the commissioner must adopt rules regarding the qualifications and selection of appraisers for the appraisal process and the qualifications and selection of mediators.
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 August 20, 2024.
TRD-202403825
Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: September 9, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 676-6555