The Texas Department of Insurance ("TDI") has issued a call to identify specific agency rules that need to be updated or changed.
Do you believe that there are rules that make compliance unreasonably difficult? Is text ambiguous or out of date? Does anything seem inconsistent with the statute?
The TDI is accepting submissions for consideration through October 1.
According to the TDI, the review is a three-stage process:
- Stakeholders are asked to submit a brief statement for each rule they are requesting to change or update.
- The TDI will review all submissions and will announce the selection of a limited number of rule proposals for more detailed review and comment. The TDI will request additional information, including suggested text revisions, for these submissions.
- After reviewing the additional information, the TDI will determine the submissions that move forward to formal rule projects. These will go through the TDI's normal rule process, which allows for opportunities for public comment.
To submit a rule for consideration, the TDI asks for a "clear and concise statement" of about one page per rule with the following information:
- The citation for the specific rule being commented on.
- An explanation as to why the rule should be reviewed, revised, or repealed.
- The issue the rule causes and why changing it should be a priority for the TDI.
- A brief description of the commenter's idea for improving the rule.
Submissions can be sent to [email protected] or by mail to:
Chief Clerk Hobby 1, Room 1210A MC 112-2A, P.O. Box 149104 Austin, TX 78714-9104
The TDI pointed out that this request for suggestions is not part of its formal rule review process under Government Code 2001.039 or negotiated rulemaking under Government Code Chapter 2008 but, rather, is an additional effort on the TDI's part to find rules that need to be modernized or changed. The TDI said that there is no requirement that it act on any suggestion.
This initiative should not be used to submit rulemaking petitions under Government Code 2001.021, according to the TDI.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].