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Texas Insurance Code - Not Codified - Article 5.28. Statements And Books

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Art. 5.28. STATEMENTS AND BOOKS.                                               

Text of subsec. (a) effective until April 1, 2007
	(a)  Said Board is authorized and empowered to require sworn 
statements for any period of time from any insurance company 
affected by this law and from any of its directors, officers, 
representatives, general agents, state agents, special agents, and 
local agents of the rates and premiums collected for fire insurance 
on each class of risks, on all property in this State and of the 
causes of fire, if such be known, if they are in possession of such 
data, and information, or can obtain it at a reasonable expense;  
and said Board is empowered to require such statements showing all 
necessary facts and information to enable said Board to make, amend 
and maintain the general basis schedules provided for in this law 
and the rules and regulations for applying same and to determine 
reasonable and proper maximum specific rates and to determine and 
assist in the enforcement of the provisions of this law.

Text of subsec. (a) effective April 1, 2007
	(a)  Said Board is authorized and empowered to require sworn 
statements for any period of time from any insurance company 
affected by this law and from any of its directors, officers, 
representatives, general agents, state agents, special agents, and 
local agents of the rates and premiums collected for fire insurance 
on each class of risks, on all property in this State and of the 
causes of fire, if such be known, if they are in possession of such 
data, and information, or can obtain it at a reasonable expense;  
and said Board is empowered to require such statements showing all 
necessary facts and information to enable said Board to make, amend 
and maintain the general basis schedules provided for in this law 
and the rules and regulations for applying same and to determine 
reasonable and proper maximum specific rates.

Text of subsec. (b) effective until April 1, 2007
	(b)  The said Board shall also have the right, at its 
discretion, either personally, or by someone duly authorized by it, 
to visit the office whether general, local or otherwise, of any 
insurance company doing business in this State, and the home office 
of said company outside of this State, if there be such, and the 
office of any officers, directors, general agents, state agents, 
local agents or representatives of such company, and there require 
such company, its officers, agents or representatives, to produce 
for inspection by said Board or any of its duly authorized 
representatives all books, records and papers of such company or 
such agents and representatives;  and the said Board or its duly 
authorized agents or representatives shall have the right to 
examine such books and papers and make or cause to be made copies 
thereof;  and shall have the right to take testimony under oath with 
reference thereto, and to compel the attendance of witnesses for 
such purpose.

Text of subsec. (c) effective until April 1, 2007
	(c)  Said Board shall be further empowered to require the 
fire insurance companies transacting business in this State or any 
of them, to furnish said Board with any and all data which may be in 
their possession, either jointly or severally, including maps, 
tariffs, inspection reports and any and all data affecting fire 
insurance risks in this State, or in any portion thereof, and said 
Board shall be empowered to require any two (2) or more of said 
companies, or any joint agent or representative of them, to turn 
over any and all such data in their possession, or any part thereof, 
to said Board for its use in carrying out the provisions of this 
law.
	(d)  Notwithstanding Subsection (a) of this article, on and 
after the effective date of S.B. No. 14, Acts of the 78th 
Legislature, Regular Session, 2003, rates for homeowners and 
residential fire and residential allied lines insurance coverage 
under this subchapter are determined as provided by Subchapter Q of 
this chapter, and rates for other lines of insurance subject to this 
subchapter are determined as provided by Article 5.13-2 of this 
code, except that on and after December 1, 2004, rates for all lines 
of insurance subject to this subchapter are determined as provided 
by Article 5.13-2 of this code.

Acts 1951, 52nd Leg., ch. 491.                                                

Amended by Acts 1991, 72nd Leg., ch. 242, Sec. 2.27, eff. Sept. 1, 
1991;  Subsec. (d) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 
12, Sec. 8.13, eff. Jan. 1, 1992;  amended by Acts 1995, 74th Leg., 
ch. 984, Sec. 16, eff. Sept. 1, 1995;  Subsec. (d) amended by Acts 
1997, 75th Leg., ch. 1330, Sec. 6, eff. Sept. 1, 1997;  Subsec. (d) 
amended by Acts 2003, 78th Leg., ch. 206, Sec. 21.16, eff. June 11, 
2003;  Subsec. (a) amended by Acts 2005, 79th Leg., ch. 727, Sec. 7, 
eff. April 1, 2007;  Subsecs. (b) and (c) are repealed by Acts 2005, 
79th Leg., ch. 727, Sec. 18(f), eff. April 1, 2007.

Last modified: August 11, 2007