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The Automobile Theft Prevention Authority fee, regardless of its status as a tax or another type of charge, must be included in the Texas Insurance Code Article 5.101 rate if it is to be charged to a policyholder. The commissioner's rule allowing insurers to recoup the ATPA fee from policyholders within the regulated rate does not contradict the Legislature's statutory scheme of regulation.
September 20, 2004 at 12:00 AM
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