TEXAS DEPARTMENT OF INSURANCE
RULE REVIEW PLAN
TDI rules which are codified in Part I of Title 28 of the Texas Administrative Code will be reviewed on a regular basis to identify rules that are unnecessary, as well as rules that can be revised, consolidated, or otherwise clarified. The review of rules under this policy will include, at a minimum, an assessment of whether the reason for adopting or readopting each rule continues to exist. Tex. H.B. 1, art. IX, §167, 75th Leg., R.S. (1997).
Approximately one-half (1/2) of TDI rules will be reviewed every even-numbered year. A review of all rules which became final before September 1, 1997, will be completed no later than August 31, 2001. A chapter that is added after the date of this policy and plan will be reviewed within four (4) years of its adoption. Every rule will be reviewed at least once every four (4) years. The review of TDI rules will proceed as follows:
RULE REVIEWS FOR (1998, 2002, etc.)
Chapter 1. General Administration
Chapter 5. Property and Casualty Insurance
Chapter 7. Corporate and Financial Regulation
Chapter 8. Early Warning System for Insurers in Hazardous Condition
Chapter 9. Title Insurance
Chapter 13. Miscellaneous Insurers
Chapter 15. Surplus Lines Insurance
Chapter 19. Agent's Licensing
Chapter 21. Trade Practices
RULE REVIEWS FOR (2000, 2004, etc.)
Chapter 3. Life, Accident and Health Insurance and Annuities
Chapter 11. Health Maintenance Organizations
Chapter 23. Prepaid Legal Service
Chapter 25. Insurance Premium Finance
Chapter 26. Small Employer Health Insurance Regulations
Chapter 28. Supervision and Conservation
Chapter 29. Guaranty Acts
Chapter 31. Liquidation
Chapter 33. Continuing Care Retirement Facilities
Chapter 34. State Fire Marshall
The review of rules under this policy will be coordinated by the Legal and Compliance Division of TDI in cooperation with TDI's Chief Clerk and General Counsel.
Before beginning the rule review process under this policy, TDI will file with the Texas Register a notice of intention to review rules in accordance with procedures established by the Texas Register Division of the Secretary of State's office. Tex. H.B. 1, art. IX, §167, 75th Leg., R.S. (1997).
If, as a result of the review provided for in this policy, a rule is identified for repeal, revision or consolidation, an effort will be made to publish the notice of proposed repeal, amendment, or consolidation of the rule in the Texas Register in accordance with the Administrative Procedure Act on or before August 1 of the specified year.
TDI will file this policy and plan with the Governor, the Legislative Budget Board and the Secretary of State no later than August 31, 1998. TDI will cause notice of this policy and plan to be published in the Texas Register no later than August 31, 1998. Tex. H.B. 1, art. IX, §167, 75th Leg., R.S. (1997).
Nothing in this policy and plan shall be construed to prohibit an Associate Commissioner from directing that the rules for which his or her division is primarily responsible be reviewed more often or sooner than specified in this policy.