Section 3.9506 - Filing Procedures for Substantially Similar Consumer Notices(a) Beginning with the effective date of this subchapter and ending January 31, 2008, an insurer subject to Insurance Code Chapter 1114 may use a consumer notice that is substantially similar to the text promulgated in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) immediately after filing the consumer notice with the department. An insurer who has filed a consumer notice that is substantially similar to the text promulgated in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) in the period of time beginning with the effective date of this subchapter and ending on January 31, 2008, will receive a notice of approval or disapproval of the consumer notice from the commissioner.(1) An insurer who has filed a consumer notice that is substantially similar to the text promulgated in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) in the period of time beginning with the effective date of this subchapter and ending on January 31, 2008, who receives a notice of approval from the commissioner may continue to use the approved consumer notice unless and until such time as the commissioner withdraws approval of the notice.(2) An insurer who has filed a consumer notice that is substantially similar to the text promulgated in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) in the period of time beginning with the effective date of this subchapter and ending on January 31, 2008, who receives a notice of disapproval from the commissioner shall stop using the consumer notice, but may refile the notice subject to the requirements of § 3.5(b)(6) of this chapter (relating to Filing Authorities and Categories).(b) Effective February 1, 2008, an insurer may not use, issue, or deliver a notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) until it has been approved.(1) Effective February 1, 2008, an insurer subject to Insurance Code Chapter 1114 using agents must either use the text of the notice contained in Figure: 28 TAC § 3.9504(b), which is not subject to filing and approval, or a consumer notice substantially similar to the text contained in Figure: 28 TAC § 3.9504(b) which has filed under this section and approved.(2) Effective February 1, 2008, in the case of an applicant responding to a direct response solicitation, an insurer subject to Insurance Code Chapter 1114 must either use the text contained in Figure: 28 TAC § 3.9505(1), which is not subject to filing and approval, or a consumer notice substantially similar to the text contained in Figure: 28 TAC § 3.9505(1) which has been filed under this section and approved.(c) Effective February 1, 2008, a filing of a consumer notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) must be filed in accordance with the submission requirements of § 3.4 of this chapter (relating to General Submission Requirements), and is subject to the same standards and procedures as a filing made under § 3.5(a)(1) of this chapter. A filing of a consumer notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) will be processed according to the procedures specified in § 3.7 of this chapter (relating to Form Acceptance and Procedures). A consumer notice that is disapproved by the commissioner is subject to the requirements of § 3.5(b)(6) of this chapter.(d) Effective April 1, 2008, insurers subject to Chapter 1114 who elect not to use a consumer notice specified in this subchapter shall file a notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) no later than 60 days prior to use. A consumer notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC § 3.9504(b) orFigure: 28 TAC § 3.9505(1) filed after April 1, 2008, is subject to Insurance Code § 1701.054 (relating to approval of forms). Insurers that have filed and received approval of a consumer notice before April 1, 2008, may continue to use the approved consumer notice unless and until such time as the commissioner withdraws approval of the notice.28 Tex. Admin. Code § 3.9506
The provisions of this §3.9506 adopted to be effective December 27, 2007, 32 TexReg 9690