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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER AAUTOMOBILE INSURANCE
DIVISION 3MISCELLANEOUS INTERPRETATIONS
RULE §5.205Automobile Theft Prevention Authority Pass-Through Fee

(a) Vernon's Annotated Revised Civil Statutes of the State of Texas, Article 4413(37), §10, requires each insurer to pay a fee of $2.00 per motor vehicle year to the Automobile Burglary and Theft Prevention Authority. Each insurer is authorized to recoup this fee from the policyholder.

(b) Any insurer recouping the fee from the policyholder as authorized by subsection (a) of this section must include on or with each motor vehicle insurance policy, as defined in 43 TAC §57.48 (relating to Motor Vehicle Years of Insurance Calculations), that is delivered, issued for delivery, or renewed in this state on or after October 5, 1992, including those policies issued through the Texas Automobile Insurance Plan Association, a notice conforming with either paragraph (1) or (2) of this subsection.

  (1) This notice must be in no less than 10-point type, must be attached to or stamped or printed on the declarations page of the policy, and must become part of the policy. The notice must read as follows: "NOTICE: A fee of $______ is payable in addition to the premium due under this policy. This fee partially or completely reimburses the insurer, as permitted by 28 TAC §5.205, for the $2.00 fee per motor vehicle year required to be paid to the Automobile Burglary and Theft Prevention Authority under Vernon's Annotated Revised Civil Statutes of the State of Texas, Article 4413(37), §10, which was effective on June 6, 1991, and revised effective September 1, 2011."

  (2) This notice must be in no less than 10-point type and must be included as a part of the policy. The notice must read as follows: "NOTICE: The Automobile Burglary and Theft Prevention Authority fee is payable in addition to the premium due under this policy. This fee partially or completely reimburses the insurer, as permitted by 28 TAC §5.205, for the $2.00 fee per motor vehicle year required to be paid to the Automobile Burglary and Theft Prevention Authority under Vernon's Annotated Revised Civil Statutes of the State of Texas, Article 4413(37), §10, which was effective on June 6, 1991, and revised effective September 1, 2011." If insurers provide this notice, the following must be printed on the declarations page of the policy, renewal certificate, or billing: Automobile Burglary and Theft Prevention Authority Fee $______ (See enclosed explanation).


Source Note: The provisions of this §5.205 adopted to be effective October 5, 1992, 17 TexReg 6448; amended to be effective June 7, 1999, 24 TexReg 4237; amended to be effective September 8, 2013, 38 TexReg 5737

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