The opinion
September 26, 1989
Mr. Fred Toler Opinion No. JM-1103
Executive Director
Texas Commission on Law Enforcement Re: Which state agency
Officer Standards and Education is responsible for
1606 Headway Circle, Suite 100 interpreting the provi-
Austin, Texas 78754 sions of Insurance Code
article 5.33A regarding
homeowners premium re-
ductions and related
questions (RQ-1758)
Dear Mr. Toler:
You ask two questions about article 5.33A of the Insu-
rance Code.
Article 5.33A provides for reductions in homeowners'
insurance premiums. Section 6 of the article provides
minimum specifications that the homeowner's property must
meet to qualify for the premium reduction. The specifica-
tions relate to the types of doors, windows and locks
contemplated to increase the security of the property.
Section 3 provides that the person seeking the premium
reduction shall apply to the city or county where the
property is located and that the city or county shall assign
an inspector to inspect the property to determine whether it
meets the requisite specifications for the premium
reduction. Section 7 provides that the Commission on Law
Enforcement Officer Standards and Education shall establish
standards for the inspection program and certify inspectors.
Section 8 provides the requirements for certification as an
inspector.
You ask which state agency, the State Board of Insu-
rance (the board) or the Commission on Law Enforcement
Officer Standards and Education (the commission), has
"primary responsibility" for "interpreting" the provisions
of Insurance Code article 5.33A.
Insurance Code article 1.10(l) provides that the board
shall "[s]ee that all laws respecting insurance and
insurance companies are faithfully executed." Clearly, in
order to "see that all laws respecting insurance . . . are
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Mr. Fred Toler - Page 2 (JM-1103)
faithfully executed" under article 1.10(l), the board would
have to determine what those laws provided for.1
Also, we think that the legislature would have con-
templated that interpretation of the provisions in question
in article 5.33A would be more effectively accomplished by
the board than by the commission, given the board's primary
concern with insurance matters. Notably, in.this respect, a
1985 amendment to article 5.33A, section 6(e), empowered the
board to "set standards for alternative specifications to
protect a person's property that are at least as effective Q
as those listed in" section 6. Acts 1985, 69th beg., ch.
744, 5 1, at 2568. It would be anomalous, we think, for the
legislature to authorize the board to set alternative
specifications to those set out in section 6 if it intended
that the "primary responsibility I1 for determining the import
of the provisions of section 6 should fall on another
agency. See also Ins. Code art. 5.33A, § 5 (board to
establish by rule the amount by which premiums may be
reduced under the article).
Section 7 of article 5.33A provides for the duties of
the commission under the article as follows:
The commission shall establish standards
for the inspection program under this
article, shall adopt rules to carry out the
inspection program, and shall certify
inspectors who do the inspections, except
such certificate shall be limited to the
specification set forth in Section 6 hereof
for which the inspector has received
instruction under Section (8)(b)(3) hereof.
We think that the legislature intended in section 7
that the commission's role in implementing article 5.33A be
limited to setting standards for the inspection of doors
rather than their composition. Inspectors are assigned to
inspect the properties of applicants for premium reductions
by the city or town where the property is located. Id. 5 3.
Inspectors must be certified by the commission and in order
to receive certification must be peace officers licensed by
the commission or building inspectors or other officials
1. Of course, under our constitution, the ultimate
responsibility for interpreting laws falls, with certain
limited exceptions, on the courts. See senerallv Tex.
Const. art. V, § 1, and authorities cited therein.
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Mr. Fred Toler - Page 3 (JM-1103)
designated by the city or county where they will serve.
They must also have received classroom instruction from the
commission or an agent of the commission. Id. 58. We
think that the articles' provisions empower the commission
to assure that inspectors are qualified to make factual
determinations in accordance with the boardjs
interpretations of the article's requirements and to %E
rules governing the procedures for inspection. We do not
think that the commission's duties under the above-mentioned
provisions can be said to include the "primary responsibil-
ity" for "interpreting" the provisions of article 5.33A, in
light of the general provision in article 1.10(l) that the
board shall "[s]ee that all laws respecting insurance . . .
are faithfully executed."
You also ask whether an exterior door may have glass
panels and still qualify under the requirements of article
5.33A for the reduction in homeowners' insurance premiums
provided for in the article. Article 5.33A provides in
section 6:
(a) A person's property qualifies for a
homeowners insurance premium reduction if the
property meets the following minimum specifi-
cations:
(1) exterior doors must be solid core
doors that are 1 3/8 inches thick and must be
secured by dead-bolt locks;
(2) metal doors must be secured by dead-
bolt locks:
(3) double doors must meet the specifica-
tions provided by Subdivision (1) of this
subsection, must have the inactive door
secured by header and threshold bolts that
penetrate metal strike plates, and in the
case of glass located within 40 inches of
header and threshold bdlts, must have the
bolts flush-mounted in the edge of the door:
(4) sliding glass doors must be secured
by secondary locking devices to prevent
lifting and prying;
(5) dutch doors must have concealed
flush-bolt locking devices to interlock upper
and lower halves and must be secured by a
dead-bolt lock;
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Mr. Fred Toler - Page 4 (JM-1103)
(6) garage doors must be equipped with
key-operated locking devices: and
(7) windows must be secured by auxiliary
locking devices.
(b) A dead-bolt lock required by Sub-
section (a) of this section must lock with
a minimum bolt throw of one inch that
penetrates a metal strike plate. If a door
secured by a dead-bolt lock has breakable
glass within 40 inches of the lock, the lock
must be key-operated from both sides unless
prohibited by life safety codes.
(c) An auxiliary locking device required
q;cl~~~section (a) of thi;owI;;tion must
screws, wooden pinning
devices, and key-operated locks. in areas in
which life safety codes permit, metal bars or
grating, if mounted to prevent easy removal,
may be substituted for auxiliary locking
devices.
(d) Jalousie or louvered windows do not
meet the specifications of this section
unless they have metal grating mounted as
provided by Subsection (c) of this section.
(e) The Board may adopt rules that set
standards for alternative specifications to
protect a personIs property that are ate least
as effective as those listed in this section.
Such alternative specifications shall entitle
a person's property meeting such specifica-
tions to a similar homeowners premium reduc-
tion under this article.
Id. 5 6.
The construction of section 6 of article 5.33A presents
difficulties. For example, subsection (a)(l) provides that
"exterior doors must be solid core doors" of a certain
thickness and Qecured by dead-bolt locks." Subsections
(a)(2) through (a)(6) provide requirements for "metal,"
"double," "sliding glass," "dutch," and "garage" doors
without indicating whether such requirements apply only
where the doors in question are exterior doors.
Upon reviewing the provisions in their entirety, we
would be inclined to conclude that the requirements of
p. 5787
Mr. Fred Toler - Page 5 (JM-1103)
subsections (a)(2) through (a)(6) for "metal,1' "double,"
"sliding glass,** "dutch," and "garage" doors apply only
where such doors are exterior doors. The requirements for
each of such types of door include provisions for locking
devices. As a practical matter, we do not think the
legislature would have intended such requirements to apply
to other than exterior doors. Clearly, the overall purpose
of article 5.33A is to allow homeowners8 insurance premium
discounts to a homeowner for the installation of security
equipment that would reduce the risk of forced entry into
the house. a Bill Analysis, H.B. 764, 67th Leg. (1981)
(adding the article): Bill Analysis, H.B. 1861, 69th Leg.
(1985) (amending the article).
Since sliding glass exterior doors might qualify for
premium reductions under article 5.33A, section 6(a)(4), if
they meet the other requirements of that section, it would
seem unlikely that the legislature intended that an
exterior door would not qualify if it had glass panels. We
also note that the provisions of subsection (b), requiring
particular locking devices where 'Ia door secured by a
dead-bolt lock has breakable glass within 40 inches of the
lock," id. 5 b, and suggest that an exterior door may have
glass panels and still meet the premium reduction reguire-
ments.
Also, you inform us that the State Board of Insurance
has taken the position that glass in an exterior door does
not disqualify a homeowner from receiving an insurance
premium reduction. Because the board has factual knowledge
of the effectiveness of various security measures '
reducing the risks to be insured against, we would it:
hesitant to challenge their administrative determination.
Under such circumstances courts ordinarily defer to the
construction of a statute's term by the appropriate adminis-
trative agency. See, e.a Letter Opinion 88-78 (1988)
(construction of provisions'of article 179d, V.T.C.S. that
"fraternal organizationsl' as defined in that article are
eligible for licensure by the comptroller to conduct bingo
games).
SUMMARY
Of the two agencies, the State Board of
Insurance and the Commission on Law Enforce-
ment Officer Standards and Education, the
State Board of Insurance has the "primary
responsibility" for "interpreting" the pro-
visions of article 5.33A of the Insurance
Code relating to reductions in homeowners'
insurance premiums on property meeting
p. 5788
Mr. Fred Toler - Page 6 (JM-1103)
certain security specifications. An exterior
door may have glass panels and still qualify
under the provisions of section 6 of article
5.33A if the property meets the other
specifications provided for in that section.
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLSY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by William Walker
Assistant Attorney General
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