Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,357
8313-8478 p. ; 28 cm.View a full description of this periodical.
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Jena Abel
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 305-6822
22 TAC 225.12 - 225.14
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of
the Texas Board of Nursing or in the Texas Register office, James Earl
Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Board of Nursing (Board) proposes the repeal of exist-
ing 225.12 - 225.14, concerning RN Delegation to Unlicensed
Personnel and Tasks not Requiring Delegation in Independent
Living Environments for Clients with Stable and Predictable Con-
ditions. This repeal is necessary because the Board is proposing
revisions to existing Chapter 225 that will result in the addition
of new sections to the chapter, as well as the re-organization of
existing sections of the chapter. These proposed amendments
and new sections are being published elsewhere in this issue of
the Texas Register, in conjunction with this proposed repeal.
Fiscal Note. Katherine Thomas, Executive Director, has deter-
mined that for each year of the first five years the proposed re-
peal will be in effect, there will be no fiscal impact to state or local
governments as a result of the enforcement or administration of
the proposal. There will be no anticipated effect on local employ-
ment or the local economy as a result of the proposed repeal.
Public Benefit/Cost Note. Ms. Thomas has also determined that
for each year of the first five years the proposed repeal is in ef-
fect, the anticipated public benefit will be the adoption of a better
organized set of regulations. There are no anticipated economic
costs to persons who are required to comply with the proposed
repeal.
Economic Impact Statement and Regulatory Flexibility Analysis
for Small and Micro Businesses. As required by the Government
Code 2006.002(c) and (f), the Board has determined that the
proposed repeal will not have an adverse economic effect on
any small or micro business because there are no anticipated
economic costs to any person who is required to comply with
the proposed repeal.
Takings Impact Assessment. The Board has determined that no
private real property interests are affected by this proposed re-
peal and that this proposed repeal does not restrict or limit an
owner's right to property that would otherwise exist in the ab-
sence of government action and, therefore, does not constitute
a taking or require a takings impact assessment under the Gov-
ernment Code 2007.043.
Request for Public Comment. Comments on the proposed
repeal may be submitted to James (Dusty) Johnston, General
Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460,
Austin, Texas 78701 or dusty.johnston@bon.texas.gov no later
than 30 days from the date that the proposed repeal is published
in the Texas Register
Statutory Authority. The repeals are proposed under Texas
Occupations Code 301.151 and 301.152, which authorize the
Board of Nursing to adopt and enforce rules consistent with the
Nursing Practice Act, including rules addressing professional
nursing practice and minimum standards of professional nurse
practice.No other statutes, articles, or codes are affected by the proposed
repeals.
225.12. Tasks Prohibited From Delegation.
225.13. Supervising Unlicensed Personnel Performing Tasks Dele-
gated by Other Practitioners.
225.14. Application of Other Laws and Regulations.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 12,
2013.
TRD-201305173
Jena Abel
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 305-6822
TITLE 28. INSURANCE
PART 1. TEXAS DEPARTMENT OF
INSURANCE
CHAPTER 6. CAPTIVE INSURANCE
The Texas Department of Insurance proposes adding new Chap-
ter 6 and 28 Texas Administrative Code 6.1, 6.2, 6.101 - 6.105,
6.201 - 6.203, 6.301 - 6.307, 6.401 - 6.410, 6.501, 6.601, and
6.701 to implement Insurance Code Chapter 964 enacted under
Senate Bill 734, 83rd Legislature, 2013, effective June 14, 2013.
These sections are grouped into eight subchapters that concern:
(i) general matters related to the implementation of these sec-
tions; (ii) registration of captive management companies; (iii) is-
suance of a certificate of authority to a captive insurance com-
pany; (iv) maintenance of the captive insurance company's cer-
tificate of authority; (v) financial reporting for the captive insur-
ance company; (vi) workers' compensation insurance; (vii) cap-
tive insurance company tax waivers; and (viii) disciplinary ac-
tions.
The proposed sections are flexible enough to accommodate the
various structures, risks, and management approaches for cap-
tive insurance companies while also meeting the statutory re-
quirements that captive insurance companies must be financially
stable, maintain adequate reserves to service the risks that they
insure, and retain experienced management to make success of
the entity probable. The following discussion provides a general
overview of the sections.
Subchapter A. General Matters. This subchapter addresses def-
initions and submission requirements applicable to the chapter.
6.1. Definitions. This section incorporates the definitions es-
tablished in Insurance Code 964.001 and establishes additional
defined terms.
Insurance Code 964.001 defines the terms "captive insurance
companies" and "captive management companies." Insurance
Code 964.001 defines a captive management company as an
entity, and Insurance Code 964.053(b) provides that a captive
insurance company may be formed and operated as any typePROPOSED RULES November 22, 2013 38 TexReg 8357
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/45/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.