Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,387
8313-8478 p. ; 28 cm.View a full description of this periodical.
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Section 964.069 authorizes the commissioner to adopt reason-
able rules as necessary to implement the purposes and provi-
sions of this chapter.
Section 964.071(a) provides that an authorized foreign or alien
captive insurance company licensed under laws of any jurisdic-
tion may become a domestic captive insurance company in this
state on a determination by the commissioner that the captive in-
surance company has complied with the requirements of Insur-
ance Code Chapter 964. Section 964.071(c) provides that the
commissioner may postpone or waive the imposition of any fees
or taxes under this code for a period not to exceed two years for
any foreign or alien captive insurance company redomesticating
to this state.
Section 36.001 provides that the commissioner of insurance may
adopt any rules necessary and appropriate to implement the
powers and duties of the Texas Department of Insurance under
the Insurance Code and other laws of the state.
CROSS REFERENCE TO STATUTE. The proposal affects
the following statutes: Insurance Code 401.002, 401.006,
401.051, 803.005, 803.008, 964.002, 964.051, 964.052,
964.053, 964.054, 964.055, 964.056, 964.057, 964.057,
964.058, 964.059, 964.060, 964.062, 964.063, 964.065,
964.066, 964.067, 964.069, 964.071, 36.001 and Government
Code 411.083, 411.087, and 411.106.
6. 701. Disciplinary Action.
Disciplinary action may be taken against a captive insurance company,
captive insurance manager, or other person if, after notice and oppor-
tunity for hearing, it is determined that the captive insurance company,
captive insurance manager, or other person has violated the Insurance
Code, or other law subject to department enforcement, or regulation by
the department, including:
(1) a captive insurance company that violates 6.501 of this
title (relating to Workers' Compensation); and
(2) an insurance carrier, as defined by Labor Code
401.011, if it allows an employer, other than a certified self-insured
employer, to dictate the methods by which and the terms on which a
claim is handled and settled in violation of statute.
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 8,
2013.
TRD-201305161
Sara Waitt
General Counsel
Texas Department of Insurance
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 463-6327
TITLE 30. ENVIRONMENTAL QUALITY
PART 1. TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
CHAPTER 114. CONTROL OF AIR
POLLUTION FROM MOTOR VEHICLESSUBCHAPTER K. MOBILE SOURCE
INCENTIVE PROGRAMS
DIVISION 2. LIGHT-DUTY MOTOR VEHICLE
PURCHASE OR LEASE INCENTIVE PROGRAM
The Texas Commission on Environmental Quality (TCEQ,
agency, or commission) proposes amendments to 114.610 -
114.612, 114.616; and the repeal of 114.619.
Background and Summary of the Factual Basis for the Proposed
Rules
The commission proposes these revisions to implement require-
ments of Senate Bill (SB) 1727, 83rd Legislature, 2013, authored
by Senator Robert Deuell.
The 77th Legislature, 2001, enacted SB 5 establishing the Texas
Emissions Reduction Plan (TERP), which provides financial in-
centives for reducing emissions of on-road and non-road mo-
tor vehicles and equipment, grants for the development of new
emission control technology, new building energy efficiency stan-
dards, and research and development programs. One of the
programs that SB 5 established was the Light-Duty Motor Ve-
hicle Purchase or Lease Incentive (LDPLI) program. SB 5 re-
quired the commission to establish a statewide incentive for the
purchase or lease of light-duty motor vehicles that met emission
standards more stringent than those required by federal require-
ments; however, implementation and administration of the LD-
PLI program were the responsibility of the Texas Comptroller
of Public Accounts (TCPA). Although the commission adopted
rules as published in the September 7, 2001, issue of the Texas
Register (26 TexReg 6938) that established a statewide incen-
tive for the purchase or lease of light-duty motor vehicles, the leg-
islature never appropriated funds to the TCPA for LDPLI grants.
The 83rd Legislature, 2013, enacted SB 1727 authorizing
changes to the LDPLI program listed in Texas Health and Safety
Code (THSC), Chapter 386. The legislation transfers the re-
sponsibility of administering the LDPLI program from the TPCA
to the commission, modifies the requirements for the types
of vehicles that qualify for the LDPLI, establishes a maximum
number of incentives available for the program, and establishes
an incentive amount of $2,500 per eligible vehicle.
Section by Section Discussion
114.610, Definitions
The commission proposes to amend 114.610 by deleting the
definition for "Bin or emissions bin" because the definition is
no longer needed. Under the definition "Lessee," the commis-
sion proposes to correct the reference "light-motor vehicle" to
"light-duty motor vehicle." In addition, the commission proposes
to modify the definition for a "New light-duty motor vehicle" by re-
moving the citation "Title 43, Texas Administrative Code, 17.2
(relating to Definitions)" and replacing it with "Texas Transporta-
tion Code, 501.002" because the original citation is no longer
valid. The definitions in this section would be renumbered as
needed.
114.611, Applicability
The commission proposes to amend 114.611 by deleting ref-
erences to 114.618 because this section no longer exists and
to 114.619 because the commission is proposing to repeal this
section.PROPOSED RULES November 22, 2013 38 TexReg 8387
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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/m1/75/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.