Rulemaking phase of 2004 Texas Title Insurance Biennial Hearing will consider rules, forms, endorsements and related matters not having primary rate implications. More than 40 agenda items have been submitted as proposed amendments.

The Commissioner of Insurance considered amendments and new sections:

• to HMO regulations necessary to implement statutory changes from prior legislative sessions and to update procedures and requirements to conform to certain nationally recognized standards.
• to regulations concerning small and large employer health insurance plans as part of the implementation of House Bills 1211, 1217, and 2969 and Senate Bill 881, enacted by the 76th Legislature (1999); House Bills 471, 949, 1440, 1676, and 2382 and Senate Bill 990, enacted by the 77th Legislature (2001); and House Bills 897 and 1446, and Senate Bills 10 and 541, enacted by the 78th Legislature (2003).

The Commissioner of Insurance considered new "file and use" requirements for residential property, personal automobile and various commercial lines of insurance, including SB 14 and HB 1865 requirements for filing certain underwriting guidelines and credit scoring models.

The Texas Department of Insurance conducted an open meeting to consider withdrawing or modifying Procedural Rule P-53 of the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas. Insurance Code Article 9.30 prohibits the giving, allowance, acceptance or receipt of a rebate, discount, commission, or other thing of value directly or indirectly for solicitation or referral of title insurance business. Procedural Rule P-53 was adopted effective April 1, 2004, regarding prohibitions of rebates and discounts, specifying pamp3eters of allowed activities and placing restrictions on multi-state transactions which include Texas land.

The Texas Department of Insurance and the Office of Public Insurance Council conducted an open meeting to hear comments regarding the Department's proposed implementation of Property and Casualty filing requirements in Texas, including "file and use" rate regulation.

Those making comments during the meeting were:
Mike Geeslin, TDI Deputy Commissioner for Policy; Phillip Presley, TDI Chief Actuary; Rod Bordelon, Public Insurance Counsel; Jay Thompson, Association of Fire & Casualty Companies in Texas and Progressive Insurance; Ware Wendell, Texas Watch; Bruce Gifford, Nationwide Insurance; Jodi Healy, USAA; Steve Patterson, State Farm Insurance; Chris Patterson, Texas Public Policy Foundation; Beaman Floyd, American Insurance Association (Allstate, State Farm, USAA, Nationwide); Jonathan Klein, Progessive Insurance; Bill Hammond, Texas Association of Business; Don Hanson, Property Casualty Insurers Association; Ron Cobb, American Insurance Association.

Considered proposed manual rates for all types and classes of risks written by the Texas Windstorm Insurance Association (TWIA) and submitted by TWIA.