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Texas Insurance Code - Not Codified
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- Texas Insurance Code - Not Codified Article 1.01 - Short Title
This Act constitutes and shall be known as the Insurance Code. Acts 1951, 52nd Leg., ch. 491. ...
- Texas Insurance Code - Not Codified Article 1.02 - Rating
(a) In this article, "insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, farm mutual insurance company, capital stock company, county mutual ...
- Texas Insurance Code - Not Codified Article 1.04A - Salaried Examiners
Article repealed effective April 1, 2007 In making examinations of any insurance organization as provided by law, the department may use its own salaried ...
- Texas Insurance Code - Not Codified Article 1.04D - Duties Of Comptroller
(a) Repealed by Acts 2003, 78th Leg., ch. 1274, Sec. 26(b)(1). (b) The duties transferred to the comptroller relative to taxes, fees, and assessments imposed ...
- Texas Insurance Code - Not Codified Article 1.09-1 - Represented By The Attorney General
(a) The department, the State Board of Insurance, and the Commissioner shall be represented and advised by the Attorney General in all legal matters before ...
- Texas Insurance Code - Not Codified Article 1.10 - Certain Duties Of The Department
In addition to the other duties required of the department, the department shall perform duties as follows: 1. Deleted by Acts 1999, 76th Leg., ch. ...
- Texas Insurance Code - Not Codified Article 1.12 - When Parties Refuse To Testify
If any person refuses to appear and testify or to give information authorized by this chapter to be demanded by the Board, such Board may ...
- Texas Insurance Code - Not Codified Article 1.13 - Officers Shall Execute Service
Peace officers shall execute process directed to them by the Board and make return thereof to it, as in the case of process issued from ...
- Texas Insurance Code - Not Codified Article 1.14-3 - Texas Insurance Exchange
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Exchange" means the Texas Insurance Exchange. (2) "Board" means the State ...
- Texas Insurance Code - Not Codified Article 1.15 - To Examine Carriers
Article repealed effective April 1, 2007 Sec. 1. The State Board of Insurance shall once each year for the first three (3) years after ...
- Texas Insurance Code - Not Codified Article 1.15A - Independent Audit Of Financial Statement
Article repealed effective April 1, 2007 Purpose Sec. 1. The purpose of this article is to require an annual examination by an independent certified ...
- Texas Insurance Code - Not Codified Article 1.15B - Confidentiality Of Early Warning System Information
Article repealed effective April 1, 2007 Any information relating to the financial solvency of any organization regulated by the department under this code or ...
- Texas Insurance Code - Not Codified Article 1.16 - Expenses Of Examinations; Disposition Of Sums Collected
Article repealed effective April 1, 2007 (a) The expenses of all examinations of domestic insurance companies made on behalf of the State of Texas ...
- Texas Insurance Code - Not Codified Article 1.17 - Appointment Of Examiners And Actuaries By State Board Of Insurance; Salaries
Article repealed effective April 1, 2007 The State Board of Insurance shall appoint a chief examiner and such number of assistant examiners as it deems ...
- Texas Insurance Code - Not Codified Article 1.17A - Legislative Intent As To Appointment Or Employment Of Examiners And Actuaries
Article repealed effective April 1, 2007 (a) The Legislature recognizes that experienced, highly qualified examiners and actuaries are necessary for the department to monitor and ...
- Texas Insurance Code - Not Codified Article 1.18 - Oath Of Examiners And Assistants
Article repealed effective April 1, 2007 Each examiner and assistant examiner, before entering upon the duties of his appointment shall take and file in ...
- Texas Insurance Code - Not Codified Article 1.19 - In Case Of Examination
Article repealed effective April 1, 2007 The Board of Insurance Commissioners for the purpose of examination authorized by law, has power either in person ...
- Texas Insurance Code - Not Codified Article 1.32 - Hazardous Financial Condition
Article repealed effective April 1, 2007 Definitions Sec. 1. (a) "Insurer" shall include but not be limited to capital stock companies, reciprocal or interinsurance ...
- Texas Insurance Code - Not Codified Article 1.33 - Special Deposits
Definition Sec. 1. In this article, "insurer" includes: (1) a capital stock insurance company; (2) a reciprocal or interinsurance exchange; (3) a Lloyd's plan; ...
- Texas Insurance Code - Not Codified Article 1.39 - Subordinated Indebtedness
Article repealed effective April 1, 2007 (a) This article applies to an insurer as that term is defined by Article 1.15A of this code. ...
- Texas Insurance Code - Not Codified Article 1.61 - Medicaid Managed Care Organization: Fiscal Solvency And Complaint System Guidelines
In conjunction with the Texas Department of Health, the department shall establish fiscal solvency standards and complaint system guidelines for managed care organizations that serve ...
- Texas Insurance Code - Not Codified Article 2.10 - Investment Of Funds In Excess Of Minimum Capital And Minimum Surplus
Article repealed effective April 1, 2007 (a) The board of directors of each insurer, or the corresponding authority designated by the charter, bylaws, or plan ...
- Texas Insurance Code - Not Codified Article 2.10-1 - Additional Investment Authority
Article repealed effective April 1, 2007 (1) In addition to the securities authorized as investments in Article 2.10, a company may also invest its ...
- Texas Insurance Code - Not Codified Article 2.10-2 - Further Investment Authority For Companies Doing Business In Foreign Countries
Article repealed effective April 1, 2007 In addition to the securities authorized as investments by Article 2.10 of the Insurance Code, any insurer subject to ...
- Texas Insurance Code - Not Codified Article 2.10-3A - Securities Lending; Repurchase, Reverse Repurchase, And Dollar Roll Transactions
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Dollar roll transaction" means two simultaneous transactions, with settlement dates not more ...
- Texas Insurance Code - Not Codified Article 2.10-4 - Risk-Limiting Provisions
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Acceptable collateral" means: (A) cash; (B) cash equivalents; (C) letters of ...
- Texas Insurance Code - Not Codified Article 2.10-5 - Investment Authority
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Business entity" means a corporation, limited liability company, association, partnership, joint ...
- Texas Insurance Code - Not Codified Article 3.10 - May Reinsure
Article repealed effective April 1, 2007 (a) Any insurer authorized to do the business of insurance in this state may reinsure in any solvent ...
- Texas Insurance Code - Not Codified Article 3.11 - Certain Guarantees In Life Insurance Policies
Section 841.253 of this code does not prohibit the issuance of life insurance policies guaranteeing, by coupons or otherwise, definite payments or reductions in premiums, ...
- Texas Insurance Code - Not Codified Article 3.16 - Deposits Of Securities In Amount Of Legal Reserve
Article repealed effective April 1, 2007 Sec. 1. Any life insurance company now or which may hereafter be incorporated under the laws of this ...
- Texas Insurance Code - Not Codified Article 3.17 - What Deposits May Include
Article repealed effective April 1, 2007 Sec. 1. Any life insurance company which has heretofore issued or assumed the obligations of policies or annuity ...
- Texas Insurance Code - Not Codified Article 3.18 - Effect And Value Of Deposits In Amount Of Legal Reserve
Article repealed effective April 1, 2007 Sec. 1. After the effective date of this Section 1, of this Article, no policy or annuity bond ...
- Texas Insurance Code - Not Codified Article 3.28 - Standard Valuation Law
Article repealed effective April 1, 2007 Title Sec. 1. This Article shall be known as the Standard Valuation Law. Reserve Valuation Sec. 2. The ...
- Texas Insurance Code - Not Codified Article 3.29 - Extra Hazardous Policies
Article repealed effective April 1, 2007 If any life insurance company doing business under the laws of this State has written or assumed risks ...
- Texas Insurance Code - Not Codified Article 3.31 - Failure To File Certificate
Article repealed effective April 1, 2007 If any such foreign insurance company shall fail to file the certificate authorized by the preceding article, it ...
- Texas Insurance Code - Not Codified Article 3.32 - Requirement Of Securities In Amount Of Reserve
Article repealed effective April 1, 2007 Having determined the required reserves on all the policies in force, the Board shall see that the company ...
- Texas Insurance Code - Not Codified Article 3.33 - Authorized Investments And Loans For Capital Stock Domestic Life, Health And Accident Insurance Companies
Article repealed effective April 1, 2007 Scope Sec. 1. This article and the rules promulgated to interpret and implement it shall apply to all domestic ...
- Texas Insurance Code - Not Codified Article 3.38 - Not To Apply To Fraternal Societies
Nothing in this chapter shall be held to apply to fraternal benefit societies as defined by the laws of this State. Acts 1951, 52nd Leg., ...
- Texas Insurance Code - Not Codified Article 3.39 - Authorized Investments And Loans For "Domestic" Life Insurance Companies
Article repealed effective April 1, 2007 Part I. Authorized Investments A life insurance company organized under the laws of this state may invest its several ...
- Texas Insurance Code - Not Codified Article 3.39a - Life Insurance Company Prohibited From Subscribing To Or Underwriting Purchase Or Sale Of Securities Or Property
Article repealed effective April 1, 2007 No life insurance company organized under the laws of this state shall subscribe to, or participate in, any underwriting ...
- Texas Insurance Code - Not Codified Article 3.40 - May Hold Real Estate
Article repealed effective April 1, 2007 Every such insurance company may secure, hold and convey real property only for the following purposes and in ...
- Texas Insurance Code - Not Codified Article 3.40-1 - Investments In Income Producing Real Estate
Article repealed effective April 1, 2007 Sec. 1. Notwithstanding any provision or limitation of Article 3.40 of this Code, any life insurance company organized ...
- Texas Insurance Code - Not Codified Article 3.41 - Authorized Investments In Securities Or Property For Foreign Companies
Article repealed effective April 1, 2007 The assets of any "foreign company" shall be invested in securities or property of the same classes permitted by ...
- Texas Insurance Code - Not Codified Article 3.41a - Student Loans
Article repealed effective April 1, 2007 A foreign or domestic life insurance company may make loans to a student enrolled in an institution of ...
- Texas Insurance Code - Not Codified Article 3.49-3 - Life Insurance And Annuity Contracts Of A Spouse
A spouse shall have management, control and disposition of any contract of life insurance or annuity heretofore or hereafter issued in his or her name ...
- Texas Insurance Code - Not Codified Article 3.50-7A - Limitations Applicable To Texas School Employees Uniform Group Coverage Program
Text of article as added by Acts 2003, 78th Leg., ch. 201, Sec. 56 (a) This article applies only to the uniform group coverage program ...
- Texas Insurance Code - Not Codified Article 3.50-7A - Prior Authorization For Certain Drugs Provided Under Texas School Employees Uniform Group Coverage Program
Text of article as added by Acts 2003, 78th Leg., ch. 213, Sec. 4 (a) In this article, "drug formulary" means a list of drugs ...
- Texas Insurance Code - Not Codified Article 3.50-7B - Disease Management Services
(a) In this article, "disease management services" means services to assist an individual manage a disease or other chronic health condition, such as heart disease, ...
- Texas Insurance Code - Not Codified Article 3.51 - Group Insurance For Employees Of State And Its Subdivisions And College And School Employees
Sec. 1. (a) The State of Texas and each of its political, governmental and administrative subdivisions, departments, agencies, associations of public employees, and the governing ...
- Texas Insurance Code - Not Codified Article 3.51-1 - Payment Of Group Insurance Premiums By Cities, Towns Or Villages
Any incorporated city, town or village in the State of Texas which is authorized by law to procure a contract insuring its respective employees or ...
- Texas Insurance Code - Not Codified Article 3.51-2 - County And Political Subdivision Of The State Of Texas--Officials, Employees, And Retirees
(a) Each county or political subdivision of the State of Texas is authorized to procure contracts insuring its officials, employees, and retirees or any class ...
- Texas Insurance Code - Not Codified Article 3.51-4 - Payment Of Premiums Of Group Life And Health Insurance Policies For Retirees Of The Central Education Agency, The Texas Rehabilitation Commission, The Coordinating Board, Texas College And University System, Retired Employees Of The Texas Department Of Mental Health And Mental Retardation Who Accepted Retirement Under The Teacher Retirement System Of Texas, Retired Employees Of The Texas Youth Commission Who Accepted Retirement Under The Teacher Retirement System Of Texas, And Retired Employees Of The Teacher Retirement System Of Texas Who Accepted Retirement Under The Teacher Retirement System Of Texas
The premium cost of group life, health, accident, hospital, surgical and/or medical expense insurance for retirees of the Central Education Agency, the Texas Rehabilitation Commission, ...
- Texas Insurance Code - Not Codified Article 3.51-5 - Payments Of Group Life And Health Insurance Premiums For Retired Employees Of The Texas Central Education Agency, The Texas Rehabilitation Commission, The Texas Department Of Mental Health And Mental Retardation, The Texas Youth Commission, A Texas Senior College Or University, And The Coordinating Board, Texas College And University System
(a) The costs of group life and health insurance premiums to persons retired under the Teacher Retirement Act, who at the time of their retirement ...
- Texas Insurance Code - Not Codified Article 3.51-7 - Payments Of Additional Death Benefits For Retired Appointed Officers And Employees Of The Teacher Retirement System Of Texas, And The Texas Central Education Agency, And The Texas Schools For The Blind And Visually Impaired And For The Deaf
(a) This article shall apply only to persons retired as annuitants under the provisions of the Teacher Retirement System of Texas who were immediately prior ...
- Texas Insurance Code - Not Codified Article 3.56 - Failure To Report Or Invest
Article repealed effective April 1, 2007 If any such company shall intentionally fail or refuse to make the investments required by this chapter, or ...
- Texas Insurance Code - Not Codified Article 3.70-3D - Consumer Assistance Program For Health Maintenance Organizations
Text of article effective upon appropriation of funds (a) The consumer assistance program for health maintenance organizations is established. The commissioner may contract, through a ...
- Texas Insurance Code - Not Codified Article 4.01 - Tax Other Than Premium Tax
All insurance companies incorporated under the laws of this state shall hereafter be required to render for county and municipal taxation all of their real ...
- Texas Insurance Code - Not Codified Article 4.11A - Administrative Services Tax
Tax payment requirement Sec. 1. Each insurance carrier receiving any form of administrative or service fee, consideration, payment, premium, fund, reimbursement, or compensation for ...
- Texas Insurance Code - Not Codified Article 4.51 - Definitions
In this subchapter: (1) "Affiliate" of another person means: (A) a person who is an affiliate for purposes of Section 2, Article 21.49-1 of this ...
- Texas Insurance Code - Not Codified Article 4.52 - Duties Of Comptroller; Rules; Implementation
The comptroller shall administer this subchapter and shall adopt rules and forms as necessary to implement this subchapter. The rules must provide that: (1) the ...
- Texas Insurance Code - Not Codified Article 4.53 - Certification
(a) The comptroller by rule shall establish the application procedures for certified capital companies. (b) An applicant must file an application in the form prescribed ...
- Texas Insurance Code - Not Codified Article 4.54 - Management By Certain Entities Prohibited
(a) An insurance company, group of insurance companies, or other persons who may have state premium tax liability or the affiliates of the insurance companies ...
- Texas Insurance Code - Not Codified Article 4.55 - Offering Material Used By Certified Capital Company
Any offering material involving the sale of securities of the certified capital company must include the following statement: By authorizing the formation of a certified ...
- Texas Insurance Code - Not Codified Article 4.56 - Requirements For Continuance Of Certification
(a) To continue to be certified, a certified capital company shall make qualified investments according to the following schedule: (1) before the third anniversary of ...
- Texas Insurance Code - Not Codified Article 4.57 - Evaluation Of Business By Comptroller
(a) A certified capital company may, before making an investment in a business, request from the comptroller a written opinion as to whether the business ...
- Texas Insurance Code - Not Codified Article 4.58 - Reports To Comptroller; Audited Financial Statement
(a) Each certified capital company shall report to the comptroller as soon as practicable after the receipt of certified capital: (1) the name of each ...
- Texas Insurance Code - Not Codified Article 4.59 - Renewal
(a) Not later than January 31 of each year, each certified capital company shall pay a nonrefundable renewal fee of $5,000 to the comptroller. If ...
- Texas Insurance Code - Not Codified Article 4.60 - Distributions; Repayment Of Debt
(a) A certified capital company may make a qualified distribution at any time. To make a distribution or payment, other than a qualified distribution, a ...
- Texas Insurance Code - Not Codified Article 4.61 - Annual Review; Decertification
(a) The comptroller shall conduct an annual review of each certified capital company to: (1) ensure that the company continues to satisfy the requirements of ...
- Texas Insurance Code - Not Codified Article 4.62 - Administrative Penalty
(a) The comptroller may impose an administrative penalty on a certified capital company that violates this subchapter. (b) The amount of the penalty may not ...
- Texas Insurance Code - Not Codified Article 4.63 - Recapture And Forfeiture Of Premium Tax Credits: Decertification Of Company
(a) Decertification of a certified capital company may cause the recapture of premium tax credits previously claimed and the forfeiture of future premium tax credits ...
- Texas Insurance Code - Not Codified Article 4.64 - Indemnity Agreements And Insurance Authorized
A certified capital company may agree to indemnify, or purchase insurance for the benefit of, a certified investor for losses resulting from the recapture or ...
- Texas Insurance Code - Not Codified Article 4.65 - Premium Tax Credit
(a) A certified investor who makes an investment of certified capital shall in the year of investment earn a vested credit against state premium tax ...
- Texas Insurance Code - Not Codified Article 4.66 - Premium Tax Credit Allocation Claim Form
(a) A premium tax credit allocation claim must be prepared and executed by a certified investor on a form provided by the comptroller. The certified ...
- Texas Insurance Code - Not Codified Article 4.67 - Total Limit On Credits
(a) The total amount of certified capital for which premium tax credits may be allowed under this subchapter for all years in which premium tax ...
- Texas Insurance Code - Not Codified Article 4.68 - Pro Rata Allocation Of Credits
(a) If the total premium tax credits claimed by all certified investors exceeds the total limits on premium tax credits established by Article 4.67(a) of ...
- Texas Insurance Code - Not Codified Article 4.69 - Treatment Of Credits And Capital
In any case under this code or another insurance law of this state in which the assets of a certified investor are examined or considered, ...
- Texas Insurance Code - Not Codified Article 4.70 - Impact Of Tax Credits Claimed By A Certified Investor On Insurance Rates
A certified investor is not required to reduce the amount of premium tax included by the investor in connection with ratemaking for any insurance contract ...
- Texas Insurance Code - Not Codified Article 4.71 - Transferability Of Credit
(a) The comptroller shall adopt rules to facilitate the transfer or assignment of premium tax credits by certified investors. A certified investor may transfer or ...
- Texas Insurance Code - Not Codified Article 4.72 - Promotion
The Texas Department of Economic Development shall promote the program established under this subchapter in the Texas Business and Community Economic Development Clearinghouse. Added by ...
- Texas Insurance Code - Not Codified Article 4.73 - Report To Legislature
(a) The comptroller shall prepare a biennial report with respect to results of the implementation of this subchapter. The report must include: (1) the number ...
- Texas Insurance Code - Not Codified Article 5.01 - Fixing Rate Of Automobile Insurance
(a) Every insurance company, corporation, interinsurance exchange, mutual, reciprocal, association, Lloyd's or other insurer, hereinafter called insurer, writing any form of motor vehicle insurance in ...
- Texas Insurance Code - Not Codified Article 5.01B - Public Information
(a) Information filed or otherwise provided by an insurer to the State Board of Insurance for the purpose of determining, fixing, prescribing, promulgating, altering, or ...
- Texas Insurance Code - Not Codified Article 5.01C - Short-Term Liability Insurance For Non-Texas Resident Motorists Visiting This State
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Insurer" means an insurance company, interinsurance exchange, mutual, capital stock company, county ...
- Texas Insurance Code - Not Codified Article 5.01-1 - Premium Rating Plans
A rating plan respecting the writing of motor vehicle insurance, other than insurance written pursuant to Section 35 of the Texas Motor Vehicle Safety-Responsibility Act ...
- Texas Insurance Code - Not Codified Article 5.01-3 - Former Military Vehicles
Article repealed effective April 1, 2007 (a) A rating plan that includes a classification applicable to antique, private passenger vehicles maintained primarily for use ...
- Texas Insurance Code - Not Codified Article 5.02 - Authority To Assign Certain Types Or Classes To Appropriate Rating Laws
There shall be excluded from regulation under the provisions of this subchapter any insurance against liability for damages arising out of the ownership, operation, maintenance ...
- Texas Insurance Code - Not Codified Article 5.03 - Promulgated Rates As Controlling
(a) On and after the filing and effective date of such classification of such risks and rates, no such insurer, except as otherwise provided herein, ...
- Texas Insurance Code - Not Codified Article 5.03-1 - Premium Surcharge
Sec. 1. A premium surcharge in an amount to be prescribed by the State Board of Insurance shall be assessed by an insurer defined in ...
- Texas Insurance Code - Not Codified Article 5.04 - Experience As Factor
(a) To insure the adequacy and reasonableness of rates the Board may take into consideration past and prospective experience, within and outside the State, and ...
- Texas Insurance Code - Not Codified Article 5.04-1 - Report Of Basic Limits Losses
(a) A report filed under Article 5.01(a) of this code must include the information necessary to compute a Texas automobile experience modifier as provided by ...
- Texas Insurance Code - Not Codified Article 5.05 - Reports On Experience
(a) Recording and Reporting of Loss Experience and Other Data. The Board shall, after due consideration, promulgate reasonable rules and statistical plans, which may be ...
- Texas Insurance Code - Not Codified Article 5.06 - Policy Forms And Endorsements
(1) The Board shall adopt a policy form and endorsements for each type of motor vehicle insurance subject to this subchapter. The coverage provided by ...
- Texas Insurance Code - Not Codified Article 5.06-1 - Uninsured Or Underinsured Motorist Coverage
Article repealed effective April 1, 2007 (1) No automobile liability insurance (including insurance issued pursuant to an Assigned Risk Plan established under authority of ...
- Texas Insurance Code - Not Codified Article 5.06-2 - Garage Insurance
Article repealed effective April 1, 2007 (1) Definitions. As used in this Act: (a) "Garage Insurance" means motor vehicle or automobile insurance as defined ...
- Texas Insurance Code - Not Codified Article 5.06-3 - Personal Injury Protection Coverage
Article repealed effective April 1, 2007 (a) No automobile liability insurance policy, including insurance issued pursuant to an assigned risk plan established under authority ...
- Texas Insurance Code - Not Codified Article 5.06-4 - Loss Control Services
Article repealed effective April 1, 2007 (a) Any insurer desiring to write commercial automobile liability insurance in this state must provide loss control information ...
- Texas Insurance Code - Not Codified Article 5.06-5 - Recovery Prohibited For Vehicles Impounded For Drug Violations
Article repealed effective April 1, 2007 (a) A motor vehicle insurance policy delivered or issued for delivery in this state may not provide payment on ...
- Texas Insurance Code - Not Codified Article 5.06-6 - Coverages For Spouses And Former Spouses
Article repealed effective April 1, 2007 A personal automobile policy or any similar policy form adopted or approved by the commissioner under Article 5.06 ...
- Texas Insurance Code - Not Codified Article 5.07 - Participating Policies
Article repealed effective April 1, 2007 Nothing in this subchapter shall be construed to prohibit the operation hereunder of any stock company, mutual company, ...
- Texas Insurance Code - Not Codified Article 5.07-1 - Repair Of Motor Vehicles; Disclosure Of Consumer Information
Article repealed effective April 1, 2007 (a) Except as provided by rules duly adopted by the commissioner, under an auto insurance policy that is delivered, ...
- Texas Insurance Code - Not Codified Article 5.08 - Special Favors And Profit Sharing
Article repealed effective April 1, 2007 (a) Except as provided by this article, it shall be unlawful for any insurer, as defined in this ...
- Texas Insurance Code - Not Codified Article 5.09 - Discriminations Or Distinctions
Article repealed effective April 1, 2007 (a) Except as provided by Subsection (b) of this article, no insurer coming within the terms of this ...
- Texas Insurance Code - Not Codified Article 5.10 - Rules And Regulations
The Board is hereby empowered to make and enforce all such reasonable rules and regulations not inconsistent with the provisions of this subchapter as are ...
- Texas Insurance Code - Not Codified Article 5.11 - Hearing On Grievances
(a) Any policyholder or insurer shall have the right to a hearing before the Board on any grievance occasioned by the approval or disapproval by ...
- Texas Insurance Code - Not Codified Article 5.12-1 - Penalty For Violation Of Act
Article repealed effective April 1, 2007 Any insurer or officer or representative thereof which shall violate any provision of this Act shall be subject ...
- Texas Insurance Code - Not Codified Article 5.13 - Scope Of Subchapter
(a) This subchapter applies to every insurance company, corporation, interinsurance exchange, mutual, reciprocal, association, Lloyd's plan, or other organization or insurer writing any of the ...
- Texas Insurance Code - Not Codified Article 5.13-1 - Legal Service Contracts
(a) Every insurer governed by Subchapter B of Chapter 5 of the Insurance Code, as amended, and every life, health, and accident insurer governed by ...
- Texas Insurance Code - Not Codified Article 5.13-2 - Rates And Forms For Certain Property And Casualty Insurance
Purpose Sec. 1. This article governs the regulation of insurance described by Section 2 of this article. The purposes of this article are to: ...
- Texas Insurance Code - Not Codified Article 5.13-2C - Exemptions Form Rate Filing And Approval Requirements
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance ...
- Texas Insurance Code - Not Codified Article 5.14 - Coverage For Certain Loss Or Damage Caused By Windstorm, Hurricane, Or Hail
(a) In this article, "insurer" has the meaning assigned by Section 3, Article 5.13-2, of this code. (b) An insurance policy written by an insurer ...
- Texas Insurance Code - Not Codified Article 5.15-1 - Professional Liability Insurance For Physicians And Health Care Providers
Scope of Article Text of Sec. 1 effective until April 1, 2007 Sec. 1. This article shall apply to the making and use of insurance ...
- Texas Insurance Code - Not Codified Article 5.15-2 - Loss Control Services
Article repealed effective April 1, 2007 (a) Any insurer desiring to write professional liability insurance for hospitals in Texas shall maintain or provide loss ...
- Texas Insurance Code - Not Codified Article 5.15-3 - Loss Control Information
Article repealed effective April 1, 2007 (a) Any insurer desiring to write professional liability insurance for insureds other than hospitals, general liability insurance, or ...
- Texas Insurance Code - Not Codified Article 5.15-4 - Best Practices For Nursing Homes
Article repealed effective April 1, 2007 (a) The commissioner shall adopt best practices for risk management and loss control that may be used by ...
- Texas Insurance Code - Not Codified Article 5.18 - Information To Be Furnished Insureds; Hearings And Appeals Of Insureds
Article repealed effective April 1, 2007 (a) Every insurer subject to this subchapter shall, within a reasonable time after receiving written request therefor and upon ...
- Texas Insurance Code - Not Codified Article 5.19 - Rate Administration
Article repealed effective April 1, 2007 (a) Recording and Reporting of Loss Experience and Other Data. The Board shall, after due consideration, promulgate reasonable ...
- Texas Insurance Code - Not Codified Article 5.20 - Rebates Prohibited
Article repealed effective April 1, 2007 (a) Except as provided by this article, no insurer or employee thereof, and no broker or agent shall ...
- Texas Insurance Code - Not Codified Article 5.21 - False Or Misleading Information
Article repealed effective April 1, 2007 No person or organization shall knowingly give false or misleading information to the Board, to any insurer, or ...
- Texas Insurance Code - Not Codified Article 5.22 - Penalties
(a) The Board may suspend the license of any advisory organization licensed under Article 5.73 of this code, insurer or agent which fails to comply ...
- Texas Insurance Code - Not Codified Article 5.23 - Judicial Review
Any order or decision of the Board shall be subject to review, which shall be on the basis of the record of the proceedings before ...
- Texas Insurance Code - Not Codified Article 5.25 - Board Shall Fix Rates
Text of article effective until April 1, 2007 (a) The State Board of Insurance shall have the sole and exclusive power and authority and ...
- Texas Insurance Code - Not Codified Article 5.25 - Board Shall Fix Rates
Text of section effective April 1, 2007 (a) The State Board of Insurance shall have the sole and exclusive power and authority and it ...
- Texas Insurance Code - Not Codified Article 5.25,
ante
Art - 5.25a. Rates Applicable To Certain Locations
(a) The State Board of Insurance in adopting fire insurance and homeowners insurance rates under this subchapter shall authorize a fringe area rating as defined ...
- Texas Insurance Code - Not Codified Article 5.25-1 - Public Guide Relating To Commercial Property Rating
Article repealed effective April 1, 2007 (a) The commissioner shall make available to the public a generalized guide that: (1) summarizes the procedures used ...
- Texas Insurance Code - Not Codified Article 5.25-2 - City Fire Loss Lists
Article repealed effective April 1, 2007 Sec. 1. In this article, "list" means the list of fire and lightning losses in excess of $100 ...
- Texas Insurance Code - Not Codified Article 5.25-3 - Fire Insurance Rates And Fire Suppression Ratings For Border Municipality
Text of section effective until April 1, 2007 The commissioner, in adopting fire insurance rates or in assigning or evaluating a fire suppression rating for ...
- Texas Insurance Code - Not Codified Article 5.25-3 - Fire Insurance Rates And Fire Suppression Ratings For Border Municipality
Text of section effective April 1, 2007 The commissioner, in adopting fire insurance rates for a municipality at or near the border between this state ...
- Texas Insurance Code - Not Codified -
Art. 5.25-3, ante Added by Acts 1997, 75th Leg., ch. 1413, Sec. 1, eff. Sept. 1, 1997; Amended by Acts 2005, 79th Leg., ...
- Texas Insurance Code - Not Codified Article 5.26 - Maximum Rate Fixed, And Deviations Therefrom
(a) A maximum rate of premiums to be charged or collected by all companies transacting in this state the business of fire insurance, as herein ...
- Texas Insurance Code - Not Codified Article 5.27 - No Company Exempt
Every fire insurance company, every marine insurance company, every fire and marine insurance company, every fire and tornado insurance company, and each and every insurance ...
- Texas Insurance Code - Not Codified Article 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 ...
- Texas Insurance Code - Not Codified Article 5.29 - Schedule And Report
(a) The rates of premium fixed by said Board in pursuance of the provision of this subchapter shall be at all times reasonable and the ...
- Texas Insurance Code - Not Codified Article 5.30 - Analysis Of Rate
Text of subsec. (a) effective until April 1, 2007 (a) When a policy of fire insurance shall be issued by any company transacting the ...
- Texas Insurance Code - Not Codified Article 5.31 - Change Or Limit Of Rate
(a) Said Board shall have full power and authority to alter, amend, modify or change any rate fixed and determined by it on thirty (30) ...
- Texas Insurance Code - Not Codified Article 5.32 - Petition For Change
(a) Any such fire insurance company shall have the right at any time to petition the Board for an order changing or modifying any rate ...
- Texas Insurance Code - Not Codified Article 5.33 - Credit For Reducing Hazard
Article repealed effective April 1, 2007 (a) The commissioner may give each city, town, village, locality, or other political subdivision credit for each and ...
- Texas Insurance Code - Not Codified Article 5.33B - Voluntary Inspection Program
Article repealed effective April 1, 2007 Text of article as added by Acts 1995, 74th Leg., ch. 415, Sec. 10 Right to Voluntary Inspection ...
- Texas Insurance Code - Not Codified Article 5.33B, ante
Art - 5.33e. Optional Premium Discount For Use Of Insulating Concrete Form System
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Applicant for insurance coverage" includes an applicant for new coverage and a ...
- Texas Insurance Code - Not Codified Article 5.34 - Revising Rates
(a) The Board shall have authority after having given reasonable notice, not exceeding thirty (30) days, of its intention to do so, to alter, amend ...
- Texas Insurance Code - Not Codified Article 5.35 - Policy Forms
(a) The commissioner shall adopt policy forms and endorsements for each kind of insurance subject to this subchapter other than a line regulated under Article ...
- Texas Insurance Code - Not Codified Article 5.35-1 - Coverages For Spouses And Former Spouses
Article repealed effective April 1, 2007 A homeowner's policy or fire policy promulgated under Article 5.35 of this code or filed and in effect ...
- Texas Insurance Code - Not Codified Article 5.35-2 - Jewelry Coverage
Article repealed effective April 1, 2007 Sec. 1. Definition In this article, "personal property insurance" means insurance against damage to or loss of tangible ...
- Texas Insurance Code - Not Codified Article 5.35-3 - Property Protection Program For Underserved Areas
Article repealed effective April 1, 2007 Sec. 1. (a) By rule the commissioner may determine and designate areas as underserved areas for residential property ...
- Texas Insurance Code - Not Codified Article 5.36 - Written Explanation Of Certain Endorsements Required
Article repealed effective April 1, 2007 An insurer may not use an endorsement to a policy form to which Article 5.35 of this code ...
- Texas Insurance Code - Not Codified Article 5.37 - Lien On Insured Property
Article repealed effective April 1, 2007 Any provision in any policy of insurance issued by any company subject to the provisions of this subchapter ...
- Texas Insurance Code - Not Codified Article 5.38 - Co-Insurance Clauses
Article repealed effective April 1, 2007 No company subject to the provisions of this subchapter may issue any policy or contract of insurance covering ...
- Texas Insurance Code - Not Codified Article 5.39 - Complaint Of Rates Or Orders
(a) Any citizen or number of citizens of this State or any policyholder or policyholders, or any insurance company affected by this subchapter, or any ...
- Texas Insurance Code - Not Codified Article 5.40 - Hearing Of Protests
(a) The Board shall give the public and all insurance companies to be affected by its orders or decisions, reasonable notice thereof, not exceeding thirty ...
- Texas Insurance Code - Not Codified Article 5.41 - Rebating Or Discrimination
Text of subsec. (a) effective until April 1, 2007 (a) No company shall engage or participate in the insuring or reinsuring of any property ...
- Texas Insurance Code - Not Codified Article 5.41-1 - Penalty For Accepting Rebates
Article repealed effective April 1, 2007 Whoever shall knowingly receive or accept from any insurance company or from any of its agents, sub-agents, brokers, ...
- Texas Insurance Code - Not Codified Article 5.41-2 - Multiple Line Dividends
Article repealed effective April 1, 2007 Sec. 1. An insurer may pay to a commercial policyholder or group of commercial policyholders a dividend which ...
- Texas Insurance Code - Not Codified Article 5.41-3 - Commercial Group Property Insurance
Article repealed effective April 1, 2007 (a) An insurer may write commercial group property insurance for a group of businesses or for an association ...
- Texas Insurance Code - Not Codified Article 5.42 - Not Retroactive
Article repealed effective April 1, 2007 The provisions of this subchapter shall not deal with the collection of premiums, but each company shall be ...
- Texas Insurance Code - Not Codified Article 5.43 - Optional Premium Discount For Certain Residential Property Insurance Policies
Article repealed effective April 1, 2007 (a) In this article: (1) "Affiliate" means an entity classified as an affiliate of an insurer under Section 823.003 ...
- Texas Insurance Code - Not Codified Article 5.43-1 - Fire Extinguishers
Purpose Sec. 1. The purpose of this article is to regulate the leasing, renting, selling, installing, and servicing of portable fire extinguishers and the ...
- Texas Insurance Code - Not Codified Article 5.43-2 - Fire Detection And Alarm Devices
Purpose Sec. 1. The purpose of this article is to regulate the planning, certifying, leasing, selling, servicing, installing, monitoring, and maintaining of fire detection ...
- Texas Insurance Code - Not Codified Article 5.43-3 - Fire Protection Sprinkler Systems
Definitions Sec. 1. In this article: (1) "Person" means a natural person, including an owner, manager, officer, employee, or occupant. (2) "Organization" means a ...
- Texas Insurance Code - Not Codified Article 5.45 - Notice On Renewal Of Certain Policies
Article repealed effective April 1, 2007 (a) An insurer, including a farm mutual insurance company, county mutual insurance company, Lloyd's plan, or reciprocal or ...
- Texas Insurance Code - Not Codified Article 5.46 - Report Of Information
Article repealed effective April 1, 2007 (A) The State Fire Marshal, any fire marshal of a political subdivision in Texas, or the chief of ...
- Texas Insurance Code - Not Codified Article 5.47 - To Cancel Authority
Article repealed effective April 1, 2007 If any insurance company affected by the provisions of this subchapter shall violate any provision of this subchapter, ...
- Texas Insurance Code - Not Codified Article 5.48 - Revocation Of Certificate
Article repealed effective April 1, 2007 The Board, upon ascertaining that any insurance company or officer, agent or representative thereof, has violated any provision ...
- Texas Insurance Code - Not Codified Article 5.48-1 - Penalty For Violation Of Fire Insurance Law
Article repealed effective April 1, 2007 Any officer or director of any fire insurance company affected by the statutes of this State creating the ...
- Texas Insurance Code - Not Codified Article 5.48-2 - Witness Must Testify
Article repealed effective April 1, 2007 No person shall be excused from giving testimony or producing evidence when legally called upon to do so ...
- Texas Insurance Code - Not Codified Article 5.51 - Compensation Of Board
Article repealed effective April 1, 2007 The necessary compensation of experts, clerical force, and other persons employed by said Board, and all necessary traveling ...
- Texas Insurance Code - Not Codified Article 5.52 - Provisions Governing Lightning, Windstorm, Hail, Invasion, Riot, Vandalism, Strikes, Lockouts And Other Insurance; "Explosion" Defined
Article repealed effective April 1, 2007 (a) The writing of insurance against loss by lightning, tornado, windstorm, hail, smoke or smudge, cyclone, earthquake, volcanic eruption, ...
- Texas Insurance Code - Not Codified Article 5.53 - Application To Marine Insurance
Article repealed effective April 1, 2007 The provisions of this article shall apply to all insurance which is now or hereafter defined by statute, ...
- Texas Insurance Code - Not Codified Article 5.53-A - Home Warranty Insurance; Home Protection Insurance
Article repealed effective April 1, 2007 Insurance Coverage; Limitations Sec. 1. (a) Any company licensed to engage in the business of fire insurance and ...
- Texas Insurance Code - Not Codified Article 5.54 - Associations Excepted
Article repealed effective April 1, 2007 Nothing in Articles 5.49, 5.52 and 5.53 of this subchapter shall ever be construed to apply to any ...
- Texas Insurance Code - Not Codified Article 5.55 - Workers' Compensation Rates
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Filer" means an insurer that files rates, prospective loss costs, or ...
- Texas Insurance Code - Not Codified Article 5.55A - Underwriting Guidelines
Definitions Sec. 1. In this article: (1) "Insurer" has the meaning assigned by Section 1(2), Article 5.55, of this code. (2) "Underwriting guideline" means ...
- Texas Insurance Code - Not Codified Article 5.55B - Premium Incentives For Small Employers
Article repealed effective April 1, 2007 (a) In this article "small employer" means an employer who is not experience-rated by the State Board of ...
- Texas Insurance Code - Not Codified Article 5.55C - Optional Deductible Plans
Article repealed effective April 1, 2007 (a) The Board shall require each company or association that writes workers' compensation insurance in this state to ...
- Texas Insurance Code - Not Codified Article 5.56 - To Prescribe Standard Forms
Article repealed effective April 1, 2007 The Board shall prescribe standard policy forms to be used by all companies or associations writing workmen's compensation ...
- Texas Insurance Code - Not Codified Article 5.57 - Uniform Policy
Article repealed effective April 1, 2007 The Board shall prescribe a uniform policy for workmen's compensation insurance and no company or association shall thereafter ...
- Texas Insurance Code - Not Codified Article 5.57A - Group Purchase Of Workers' Compensation Insurance
Article repealed effective April 1, 2007 (a) In this article: (1) "Board" means the State Board of Insurance. (2) "Business entity" means a business ...
- Texas Insurance Code - Not Codified Article 5.58 - Rate Administration For Workers' Compensation Insurance Policies; Claims Reports
Article repealed effective April 1, 2007 (a) Recording and Reporting of Loss Experience and Other Data. The commissioner shall develop reasonable statistical plans, which may ...
- Texas Insurance Code - Not Codified Article 5.59 - May Require Sworn Statements
Article repealed effective April 1, 2007 The department may require sworn statements from any insurance company, including the Texas Mutual Insurance Company, showing the ...
- Texas Insurance Code - Not Codified Article 5.60 - Rating
Article repealed effective April 1, 2007 (a) For workers' compensation insurance, the Board shall determine hazards by classes and fix classification relativities applicable to ...
- Texas Insurance Code - Not Codified Article 5.60A - Rate Hearings
Article repealed effective April 1, 2007 (a) The commissioner shall conduct a public hearing each biennium, beginning not later than December 1, 2008, to ...
- Texas Insurance Code - Not Codified Article 5.61 - Adequate Reserves
Article repealed effective April 1, 2007 (a) Each workers' compensation insurer transacting business in this state shall maintain reserves in an amount estimated in ...
- Texas Insurance Code - Not Codified Article 5.62 - Board To Make Rules
Article repealed effective April 1, 2007 The Board is hereby empowered to make and enforce all such reasonable rules and regulations not inconsistent with ...
- Texas Insurance Code - Not Codified Article 5.63 - Definitions
Article repealed effective April 1, 2007 The words "Company" and "Association" used in this subchapter mean the Texas Employers Insurance Association, or any stock ...
- Texas Insurance Code - Not Codified Article 5.64 - Cancellation Of License
Article repealed effective April 1, 2007 The Board shall cancel the license of any insurance company or association of persons to transact workmen's compensation ...
- Texas Insurance Code - Not Codified Article 5.65A - Notification To Policyholder
Article repealed effective April 1, 2007 (a) A company or association that writes workers' compensation insurance in this state shall notify each policyholder of ...
- Texas Insurance Code - Not Codified Article 5.65B - Disclosure By Policyholder
Article repealed effective April 1, 2007 (a) A policyholder shall make full disclosure to its insurance company of information concerning its true ownership, change ...
- Texas Insurance Code - Not Codified Article 5.65C - Wrongful Acts; Penalty
Article repealed effective April 1, 2007 (a) A person commits an administrative violation if the person, to obtain workers' compensation insurance coverage for himself ...
- Texas Insurance Code - Not Codified Article 5.66 - Scope Of Law
No provision of Chapter 5, subchapter C of this code, with regard to the fixing and promulgation of rates for fire insurance or the prescribing ...
- Texas Insurance Code - Not Codified Article 5.67 - Additional Compensation
Article repealed effective April 1, 2007 The necessary compensation of experts, the clerical force and other persons employed by the Board to carry out ...
- Texas Insurance Code - Not Codified Article 5.68-1 - Penalty For Violation Of Act
Article repealed effective April 1, 2007 Any officer or representative of any insurance company or association authorized to write workmen's compensation insurance in this ...
- Texas Insurance Code - Not Codified Article 5.69 - National Defense Projects; Special Rates And Rating Plans For Workmen's Compensation, Motor Vehicle, And Other Casualty Insurance
Article repealed effective April 1, 2007 The Board of Insurance Commissioners of Texas is hereby authorized and empowered to make and promulgate special rates and ...
- Texas Insurance Code - Not Codified Article 5.70 - Special Rates And Forms For Fire, Windstorm, Other Types Of Material Damage Insurance
Article repealed effective April 1, 2007 The Board of Insurance Commissioners is hereby authorized and empowered to promulgate special rates and forms for fire and ...
- Texas Insurance Code - Not Codified Article 5.71 - Cumulative; Exception To Existing Laws
Article repealed effective April 1, 2007 This subchapter shall be cumulative of existing laws and applicable only to rates upon insurance in relation to ...
- Texas Insurance Code - Not Codified Article 5.72 - Joint Underwriting Or Joint Reinsurance
Article repealed effective April 1, 2007 (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance, shall ...
- Texas Insurance Code - Not Codified Article 5.73 - Advisory Organizations
Article repealed effective April 1, 2007 Sec. 1. Except as provided by Section 4A(c) of this article, an insurer transacting business in the state ...
- Texas Insurance Code - Not Codified Article 5.74 - Examinations
Article repealed effective April 1, 2007 The said Board may, as often as it may deem it expedient, make or cause to be made ...
- Texas Insurance Code - Not Codified Article 5.75 - Scope Of Subchapter
Article repealed effective April 1, 2007 This subchapter applies to the kinds of insurance and to the insurers subject to Subchapters A, B, C, ...
- Texas Insurance Code - Not Codified Article 5.75-1 - Reinsurance
Article repealed effective April 1, 2007 (a) Any insurer licensed to do the business of insurance in this state may reinsure in any solvent ...
- Texas Insurance Code - Not Codified Article 5.75-3 - Reinsurance Of Aircraft And Space Equipment Risks
Article repealed effective April 1, 2007 (a) In this article, "aircraft" means an object capable of moving through the atmosphere, whether powered or unpowered, ...
- Texas Insurance Code - Not Codified Article 5.76-3 - Texas Mutual Insurance Company
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Board" means the board of directors of the company. (2) Repealed ...
- Texas Insurance Code - Not Codified Article 5.76-4 - Company As Insurer Of Last Resort
Article repealed effective April 1, 2007 (a) The Texas Mutual Insurance Company may not, except as otherwise provided by this article and by Section ...
- Texas Insurance Code - Not Codified Article 5.76-5 - Revenue Bond Program And Procedures
Article repealed effective April 1, 2007 Legislative finding; purpose Sec. 1. The legislature finds that the issuance of bonds for the purposes of providing ...
- Texas Insurance Code - Not Codified Article 5.77 - Premium Rating Plans; Powers Of Board
The Board of Insurance Commissioners is hereby authorized and empowered to make or approve and promulgate premium rating plans designed to encourage the prevention of ...
- Texas Insurance Code - Not Codified Article 5.78 - Consideration Of All Relevant Factors
Before the Board of Insurance Commissioners approves class rates or rating plans, due consideration shall be given to all relevant factors to the end that ...
- Texas Insurance Code - Not Codified Article 5.79 - Optional Selection And Application
If for any form of casualty insurance affected by this Act more than one rating plan is approved for optional selection and application, the selection ...
- Texas Insurance Code - Not Codified Article 5.90 - Policy Forms And Endorsements
Article repealed effective April 1, 2007 When the State Board of Insurance finds that a public need exists for the regulation of aircraft hull ...
- Texas Insurance Code - Not Codified Article 5.92 - Rules
Article repealed effective April 1, 2007 When the State Board of Insurance acts under Article 5.90, it shall have authority to make any rules ...
- Texas Insurance Code - Not Codified Article 5.96 - Promulgated Lines
(a) The State Board of Insurance may prescribe, promulgate, adopt, approve, amend, or repeal standard and uniform manual rules, rating plans, classification plans, statistical plans, ...
- Texas Insurance Code - Not Codified Article 5.96A - Hearing On Policy Forms And Endorsements
(a) This article applies to any policy or endorsement form for commercial automobile insurance or commercial multiperil insurance. (b) If a hearing is requested by ...
- Texas Insurance Code - Not Codified Article 5.97 - Lines Of Insurance For Which Filing Is Required
(a) The department may take action on filings for standard and uniform rates, rating plans, manual rules, classification plans, statistical plans, and policy and endorsement ...
- Texas Insurance Code - Not Codified Article 5.97A - Hearing On Policy And Endorsement Forms
(a) This article applies to any policy or endorsement form for general liability insurance. (b) If a hearing is requested by at least 25 persons, ...
- Texas Insurance Code - Not Codified Article 5.98 - Rulemaking
Article repealed effective April 1, 2007 The State Board of Insurance may adopt reasonable rules that are appropriate to accomplish the purposes of this ...
- Texas Insurance Code - Not Codified Article 5.102 - Assessment For Rural Fire Protection
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Insurer" means an insurer authorized to engage in business in this ...
- Texas Insurance Code - Not Codified Article 5.131 - Temporary Rate Rollback For Certain Lines Of Insurance
Article repealed effective April 1, 2007 Findings Sec. 1. The legislature finds that: (1) the cost of litigation against insureds and their insurers, the ...
- Texas Insurance Code - Not Codified Article 5.144 - Refund Of Excessive Or Discriminatory Premium; Discount
Article repealed effective April 1, 2007 (a) In this article: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital ...
- Texas Insurance Code - Not Codified Article 5.145 - Policy Forms For Personal Automobile Insurance Coverage And Residential Property Insurance Coverage
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, ...
- Texas Insurance Code - Not Codified Article 5.171 - Rating Territories
Article repealed effective April 1, 2007 Notwithstanding any other provision of this code, an insurer, in writing residential property or personal automobile insurance, may ...
- Texas Insurance Code - Not Codified Article 5.172 - Application To Certain Insurers
Article repealed effective April 1, 2007 Notwithstanding Sections 912.002, 941.003, 942.003, or any other provision of this code, this subchapter does not apply to ...
- Texas Insurance Code - Not Codified Article 7.01 - Venue Of Suit On Bond
Article repealed effective April 1, 2007 If any suit shall be instituted upon any bond or obligation of any insurance company licensed in this ...
- Texas Insurance Code - Not Codified Article 7.02 - Withdrawal Of Unnecessary Deposits
Article repealed effective April 1, 2007 When two or more companies authorized to write fidelity, guaranty and surety insurance in the State of Texas ...
- Texas Insurance Code - Not Codified Article 7.19-1 - Bond Of Surety Company
Article repealed effective April 1, 2007 (a) Whenever any bond, undertaking, recognizance or other obligation is, by law or the charter, ordinances, rules and ...
- Texas Insurance Code - Not Codified Article 7.20 - Construction Payment Bond Of Surety Company; Prompt Payment
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Claimant" means a person directly entitled to payment under a construction ...
- Texas Insurance Code - Not Codified Article 7.20-1 - Bail Bond Certificates Issued By Automobile Clubs; Sureties
Article repealed effective April 1, 2007 Any insurance company which has qualified to transact fidelity and surety insurance business in this state may, in ...
- Texas Insurance Code - Not Codified Article 21.11-2 - Agency Contracts With Insolvent Insurers
Article repealed effective April 1, 2007 Sec. 1. Every agency contract entered into on and after the effective date of this Act by an ...
- Texas Insurance Code - Not Codified Article 21.20-2 - Advertisements For Certain Health Benefit Plans
Scope of Article Sec. 1. (a) This article applies only to a health benefit plan that provides benefits for medical or surgical expenses incurred ...
- Texas Insurance Code - Not Codified Article 21.28-A - Insurer Delinquencies And Prevention Of Insurer Delinquencies; Supervision Of Insurers And Proceedings, Conservatorships, Liquidations--Additional And Alternate Provisions
Article repealed effective April 1, 2007 Purposes and findings Sec. 1. It is the sense of the Legislature that existing provisions and conditions of law ...
- Texas Insurance Code - Not Codified Article 21.28-C - Property And Casualty Insurance Guaranty Act
Article repealed effective April 1, 2007 Short title Sec. 1. This article shall be known as the Texas Property and Casualty Insurance Guaranty Act. ...
- Texas Insurance Code - Not Codified Article 21.28-D - Life, Accident, Health, And Hospital Service Insurance Guaranty Association
Article repealed effective April 1, 2007 Short title Sec. 1. This Act shall be known and may be cited as the Life, Accident, Health, and ...
- Texas Insurance Code - Not Codified Article 21.28-E - Disclosure Of Guaranty Fund Nonparticipation In Insurance Policies, Contracts, And Applications And In Certificates And Evidences Of Coverage
Article repealed effective April 1, 2007 (a) Each insurance policy or contract or application or certificate or evidence of coverage, other than a fidelity, surety, ...
- Texas Insurance Code - Not Codified Article 21.31 - Unlawful Dividends
Article repealed effective April 1, 2007 It shall not be lawful for any insurance company organized under the laws of this State to make ...
- Texas Insurance Code - Not Codified Article 21.32 - Unlawful Dividend
Article repealed effective April 1, 2007 No life, health, fire, marine, or inland insurance company, organized under the laws of this state, shall make ...
- Texas Insurance Code - Not Codified Article 21.32A - Legality Of Dividend
Article repealed effective April 1, 2007 For the purpose of determining the legality of a dividend to shareholders paid by stock domestic insurance companies ...
- Texas Insurance Code - Not Codified Article 21.39 - Loss Or Claim Reserves
Article repealed effective April 1, 2007 Every insurer shall maintain reserves in an amount estimated in the aggregate to provide for the payment of ...
- Texas Insurance Code - Not Codified Article 21.39-A - Asset Protection Act
Article repealed effective April 1, 2007 Title Sec. 1. This article shall be known and may be cited as the Asset Protection Act. Purpose ...
- Texas Insurance Code - Not Codified Article 21.39-B - Restriction On Transactions With Funds And Assets
Article repealed effective April 1, 2007 Sec. 1. Any director, member of a committee, or officer, or any clerk of a domestic company, who ...
- Texas Insurance Code - Not Codified Article 21.40 - Certificates From Other States
Article repealed effective April 1, 2007 The Board, in calculating the reserve liability of any such company, may accept the certificate of the officer ...
- Texas Insurance Code - Not Codified Article 21.41 - Other Laws For Certain Companies
No provision of this chapter shall apply to companies carrying on the business of life or casualty insurance on the assessment or annual premium plan, ...
- Texas Insurance Code - Not Codified Article 21.42 - Texas Laws Govern Policies
Any contract of insurance payable to any citizen or inhabitant of this State by any insurance company or corporation doing business within this State shall ...
- Texas Insurance Code - Not Codified Article 21.47 - False Statement In Written Instrument; Penalty
(a) A person commits an offense if the person knowingly or intentionally makes, files or uses any instrument in writing required to be made to ...
- Texas Insurance Code - Not Codified Article 21.49 - Catastrophe Property Insurance Pool Act
Article repealed effective April 1, 2007 Declaration and Purpose Sec. 1. It is hereby declared by the Legislature that an adequate market for windstorm, ...
- Texas Insurance Code - Not Codified Article 21.49-2V - Membership Dues; Issuance And Renewal Of Policy
(a) Except as otherwise provided by law, an insurer may require that membership dues in its sponsoring organization be paid as a condition for issuance ...
- Texas Insurance Code - Not Codified Article 21.49-3 - Medical Liability Insurance Underwriting Association Act
Short title Text of Sec. 1 effective until April 1, 2007 Section 1. This Act shall be known as the "Texas Medical Liability Insurance ...
- Texas Insurance Code - Not Codified Article 21.49-3a - Reactivation Of Joint Underwriting Associations
Sec. 1. Subsequent to the suspension of the operation of the Joint Underwriting Association created by the Texas Medical Liability Insurance Underwriting Association Act (Article ...
- Texas Insurance Code - Not Codified Article 21.49-3b - Joint Underwriting Associations
Article repealed effective April 1, 2007 Short title Sec. 1. This article may be cited as the Joint Underwriting Association Licensing Act. Definitions Sec. ...
- Texas Insurance Code - Not Codified Article 21.49-3c - Texas Nonprofit Organization Liability Insurance Underwriting Association
Definitions Sec. 1. In this article: (1) "Association" means the Texas Nonprofit Organization Liability Insurance Underwriting Association. (2) "Board" means the State Board of Insurance. ...
- Texas Insurance Code - Not Codified Article 21.49-3d - Revenue Bond Program And Procedures For Certain Liability Insurance
Article repealed effective April 1, 2007 Legislative Finding; Purpose Sec. 1. The legislature finds that the issuance of bonds to provide a method to raise ...
- Texas Insurance Code - Not Codified Article 21.49-4 - Self-Insurance Trusts
Article repealed effective April 1, 2007 (a) In this article: (1) "Physician" means a person licensed to practice medicine in this state. (2) "Dentist" ...
- Texas Insurance Code - Not Codified Article 21.49-4a - Coverage Of Physicians Under Contracts Of Professional Liability Insurance Issued By Health Care Liability Claim Trusts
Article repealed effective April 1, 2007 Contracts of professional liability insurance issued by a health care liability claim trust created under Article 21.49-4, Insurance Code, ...
- Texas Insurance Code - Not Codified Article 21.49-5 -
...
- Texas Insurance Code - Not Codified Article 21.49-6 - Self-Insurance Trusts For Banks
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Bank" means any bank chartered under the provisions of federal or ...
- Texas Insurance Code - Not Codified Article 21.49-7 - Self-Insurance Trust For Savings And Loan Associations
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Savings and loan association" means a savings and loan association chartered ...
- Texas Insurance Code - Not Codified Article 21.49-8 - Disclosure Of Material Transactions Report
Article repealed effective April 1, 2007 Application; Exemption Sec. 1. (a) Except as provided by Subsection (b) of this section, this article applies to ...
- Texas Insurance Code - Not Codified Article 21.49-11 - Texas Public Entity Excess Insurance Pool
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Pool" means the Texas public entity excess insurance pool. (2) "Fund" ...
- Texas Insurance Code - Not Codified Article 21.49-13 - Excess Liability Pools
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Pool" means an excess liability pool created under this article. (2) ...
- Texas Insurance Code - Not Codified Article 21.49-14 - Texas Nonprofit Organizations Liability Pool
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Pool" means the Texas Nonprofit Organizations Liability Pool. (2) "Fund" means ...
- Texas Insurance Code - Not Codified Article 21.49-15 - Information Required To Be Provided By Insurer To Governmental Entity With Which Insurer Contracts
Definitions Sec. 1. In this article: (1) "Governmental entity" means a state agency or political subdivision of this state. (2) "Insurer" means: (A) an insurance ...
- Texas Insurance Code - Not Codified Article 21.49-15A - Insurer Report To State Office Of Risk Management
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Insurer" means an insurance company, inter-insurance exchange, mutual or reciprocal association, ...
- Texas Insurance Code - Not Codified Article 21.49-16 - Bid Requirements For Insurers Who Contract With Municipalities
Definitions Sec. 1. In this article: (1) "Insurer" means: (A) an insurance company, including a company providing stop-loss or excess loss insurance; (B) a health ...
- Texas Insurance Code - Not Codified Article 21.49-17 - Risk Management Pools
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "School district" means a public school district created under the laws ...
- Texas Insurance Code - Not Codified Article 21.49-18 - Texas Child-Care Facility Liability Pool
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Board" means the board of trustees of the pool. (2) "Child-care ...
- Texas Insurance Code - Not Codified Article 21.49-20 - Property And Casualty Legislative Oversight Committee
Article repealed effective April 1, 2007 (a) In this section, "committee" means the property and casualty insurance legislative oversight committee. (b) The committee is ...
- Texas Insurance Code - Not Codified Article 21.49A. FAIR PLAN (FAIR ACCESS TO INSURANCE
REQUIREMENTS) ACT.
Article repealed effective April 1, 2007
Authority; Purpose
Sec. 1. (a) If the commissioner determines, after a public
hearing, that in all or any part of the state residential property
insurance is not reasonably available in the voluntary market to a
substantial number of insurable risks or that at least 25 percent of
the applicants to the residential property market assistance
program who are qualified under the plan of operation have not been
placed with an insurer in the previous six-month period, the
commissioner may establish a FAIR (Fair Access to Insurance
Requirements) Plan to deliver residential property insurance to
citizens of this state in underserved areas, which shall be
determined and designated by the commissioner by rule.
(a-1) Expired.
(b) Except as provided by this subsection, each insurer, as
defined herein, as a condition of its authority to transact
residential property insurance in this state, shall participate in
the FAIR Plan Association in accordance with this Act. The Texas
Windstorm Insurance Association established by Article 21.49 of
this code may not participate in the FAIR Plan Association for any
purpose.
(c) The FAIR Plan may not provide windstorm and hail
insurance coverage for a risk eligible for that coverage under
Article 21.49 of this code.
Definitions
Sec. 2. (1) "FAIR Plan Association" or "association" means a
nonprofit association established pursuant to this Act to develop
and administer a program to provide residential property insurance
in designated underserved areas in this state.
(2) "Insurer" means any licensed insurer writing property
and casualty insurance in this state, including:
(A) a Lloyd's plan company; and
(B) a reciprocal or interinsurance exchange.
(3) "Residential property insurance" means the coverage
against loss to real or tangible personal property at a fixed
location provided in a homeowners policy, residential fire and
allied lines policy, or farm and ranch owners policy.
(4) "Inspection bureau" means the organization or
organizations designated by the FAIR Plan Association with the
approval of the commissioner to make inspections to determine the
condition of the properties for which residential property
insurance is sought and to perform such other duties as may be
authorized by the FAIR Plan Association or the commissioner. The
manner and scope of the inspection and evaluation report for
residential property shall be prescribed by the association
pursuant to the plan of operation.
(5) "Net direct premiums" means gross direct written
premiums less return premiums upon canceled contracts
(irrespective of reinsurance assumed or ceded) written on
residential property pursuant to this Act.
(6) "Underserved area(s)" means area(s) designated as
underserved by the commissioner by rule. In determining which
areas will be designated as underserved, the commissioner shall
consider the factors specified in Section 1, Article 5.35-3, of
this code.
Governing Committee; Plan of Operation
Sec. 3. (a) The FAIR Plan shall be administered by the
governing committee of the association pursuant to a plan of
operation. Subject to the approval of the commissioner, the
governing committee shall develop the plan of operation and propose
amendments thereto. The plan of operation and any amendments
thereto shall be adopted by the commissioner by rule. The governing
committee may on its own initiative or at the request of the
commissioner amend the plan of operation.
(b) The governing committee shall be composed of 11 members
appointed by the commissioner as follows:
(1) five members who represent the interests of insurers;
(2) four public members who reside in this state; and
(3) two members who are licensed general property and
casualty agents.
(c) The commissioner or the commissioner's designated
representative from within the Texas Department of Insurance shall
serve as an ex officio member.
(d) To be eligible to serve on the governing committee as a
representative of insurers, a person must be a full-time employee
of an authorized insurer that is a member of the association. A
member of the governing committee may be removed by the
commissioner without cause and replaced in accordance with
Subsection (b) of this section.
(e) The plan of operation shall provide:
(1) for establishment of a FAIR Plan Association for the
issuing of residential property insurance pursuant to this Act and
the distribution of the losses and the expenses in the writing of
such insurance in this state;
(2) that all insurers licensed to write property insurance
and writing residential property insurance shall participate in the
assessments of the association, in the proportion that the net
direct premiums, of each participating insurer, written in this
state during the preceding calendar year, bear to the aggregate net
direct premium written in this state by all participating insurers;
such information shall be determined in accordance with the
residential property statistical plan adopted by the commissioner;
(3) that a participating insurer is entitled to receive
credit for similar insurance voluntarily written in a designated
underserved area and its participation in the assessments of the
association shall be reduced in accordance with the provisions of
the plan of operation;
(4) for the immediate binding of eligible risks; for the
use of premium installment payment plans, adequate marketing, and
service facilities; and for the establishment of reasonable
service standards;
(5) procedures for efficient, economical, fair, and
nondiscriminatory administration of the FAIR Plan Association;
(6) procedures for determining the net level of
participation required for each insurer in the FAIR Plan
Association;
(7) for the use of deductibles and other underwriting
devices and for assessment of all members in amounts sufficient to
operate the association; and establish maximum limits of liability
to be placed through the program; and commissions to be paid to the
licensed agents submitting applications;
(8) that the association issue policies in its own name;
(9) reasonable underwriting standards for determining
insurability of the risk;
(10) procedures for the assumption and ceding of
reinsurance by the association; and
(11) any other procedures or operational matters deemed
necessary by the governing committee or the commissioner.
(f) Notwithstanding Chapter 551, Government Code, or any
other law, members of the governing committee may meet by telephone
conference call, video conference, or other similar
telecommunication method. The governing committee may use
telephone conference call, video conference, or other similar
telecommunication method for purposes of establishing a quorum or
voting or for any other meeting purpose in accordance with this
subsection and Subsection (g) of this section. This subsection
applies without regard to the subject matter discussed or
considered by the members of the governing committee at the
meeting.
(g) A meeting held by telephone conference call, video
conference, or other similar telecommunication method:
(1) is subject to the notice requirements applicable to
other meetings of the governing committee;
(2) may not be held unless notice of the meeting specifies
the location of the meeting at which at least one member of the
governing committee is physically present;
(3) must be audible to the public at the location specified
in the notice under Subdivision (2) of this subsection; and
(4) must provide two-way audio communication between all
members of the governing committee attending the meeting during the
entire meeting, and if the two-way audio communication link with
members attending the meeting is disrupted so that a quorum of the
governing committee is no longer participating in the meeting, the
meeting may not continue until the two-way audio communication link
is reestablished.
FAIR Plan Association
Sec. 4. Pursuant to procedures and requirements set forth in
the plan of operation, the FAIR Plan Association (association)
shall develop and administer a program for participation by all
insurers licensed to write property insurance in this state and
writing residential property insurance in this state. The
association shall make residential property insurance available to
applicants in underserved areas whose property is insurable in
accordance with reasonable underwriting standards but who, after
diligent efforts, are unable to procure such insurance through the
voluntary market, as evidenced by two declinations from insurers
licensed to write and actually writing residential property
insurance in the state.
Powers of the Association; Centralized Operations Authorized
Sec. 5. (a) The association is authorized, for FAIR Plan
purposes only, to issue policies of insurance and endorsements
thereto in its own name or a trade name duly adopted for that
purpose, and to act on behalf of all participating insurers in
connection with said policies and otherwise in any manner necessary
to accomplish the purposes of this Act, including but not limited to
issuance of policies, collection of premiums, issuance of
cancellations, and payment of commissions, losses, judgments, and
expenses.
(b) The participating insurers shall be liable to the
association as provided in this Act and the plan of operation for
the expenses and liabilities so incurred by the association, and
the association shall make assessments against the participating
insurers as required to meet such expenses and liabilities. In
connection with any policy issued by the association:
(1) service of any notice, proof of loss, legal process, or
other communication with respect to the policy shall be made upon
the association; and
(2) any action by the insured constituting a claim under the
policy shall be brought only against the association, and the
association shall be the proper party for all purposes in any action
brought under or in connection with any such policy. The foregoing
requirements shall be set forth in any policy issued by the
association and the form and content of any such policy shall be
subject to the approval of the commissioner.
(c) The association is authorized to assume and cede
reinsurance in conformity with the plan of operation.
(d) Each insurer must participate in the assessments of the
association in the proportion that its net direct premiums written
bear to the aggregate net direct premiums written by all insurers.
Coverage for Windstorm and Hail Insurance; Coverage for Certain
Property Located Over Water
Sec. 5A. (a) A policy issued by the association may include
coverage against loss or damage by windstorm or hail for:
(1) a building or other structure that is built wholly or
partially over water; and
(2) the corporeal movable property contained in a building
or structure described by Subdivision (1) of this subsection.
(b) The association may impose appropriate limits of
coverage and deductibles for coverage described by Subsection (a)
of this section.
(c) The governing committee of the association shall submit
any proposed changes to the plan of operation necessary to
implement Subsections (a) and (b) of this section to the
commissioner for the approval of the commissioner in the manner
provided by Section 3(a) of this article.
(d) The commissioner shall adopt rules as necessary to
implement this section, including any rules necessary to implement
changes in the plan of operation proposed under Subsections (a) and
(b) of this section.
Property Inspection; FAIR Plan Procedure
Sec. 6. (a) Any person having an insurable interest in real or
tangible personal property at a fixed location in an underserved
area who, after diligent effort has been unable to obtain
residential property insurance, as evidenced by two current
declinations from insurers licensed to write property insurance and
actually writing residential property insurance in the state, is
entitled upon application to the association to an inspection and
evaluation of the property by representatives of the inspection
bureau.
(b) Applications may be made on behalf of the applicant by a
licensed general lines property and casualty agent and shall be
submitted on forms prescribed by the association.
(c) Promptly after the request for inspection is received,
an inspection must be made and an inspection report filed with the
association and made available to the applicant upon request.
(d) If the inspection bureau finds that the residential
property meets the reasonable underwriting standards established
in the plan of operation, the applicant shall be so informed in
writing and a policy or binder shall be issued by the association.
If the residential property does not meet the criteria, the
applicant shall be informed, in writing, of the reasons for the
failure of the residential property to meet the criteria.
(e) If, at any time, the applicant makes improvements in the
residential property or its condition which the applicant believes
are sufficient to make the residential property meet the criteria,
a representative of the inspection bureau shall reinspect the
residential property upon request. In any case, the applicant for
residential property insurance shall be eligible for one
reinspection any time within 60 days after the initial FAIR Plan
inspection. If upon reinspection the residential property meets
the reasonable underwriting standards established in the plan of
operation, the applicant shall be so informed in writing and a
policy or binder shall be issued by the association.
Approval of Rates
Sec. 7. The association shall file with the commissioner for
approval the proposed rates and supplemental rate information to be
used in connection with the issuance of policies or endorsements.
Rates shall be set in an amount sufficient to carry all claims to
maturity and to meet the expenses incurred in the writing and
servicing of the business. Within 60 days of the filing of the
proposed rates, the commissioner shall enter an order either
approving or disapproving, in whole or in part, the proposed rates.
The commissioner may, upon notice to the association, extend the
period for entering an order under this section an additional 30
days. No such policies or endorsements shall be issued until such
time as the commissioner approves the rates to be applied to the
policy or endorsement. An order disapproving a rate shall state the
grounds for the disapproval and the findings in support thereof.
Appeals; Judicial Review
Sec. 8. (a) Any applicant or affected insurer has the right of
appeal to the association. A decision of the association may be
appealed to the commissioner within 30 days after such decision.
(b) All orders or decisions of the commissioner made
pursuant to this Act are subject to judicial review in accordance
with Subchapter D, Chapter 36, of this code.
Immunity from Liability
Sec. 9. There is no liability on the part of, and no cause of
action against insurers, the inspection bureau, the association,
the governing committee, their agents or employees, or the
commissioner or the commissioner's authorized representatives,
with respect to any inspections required to be undertaken by this
Act or for any acts or omissions in connection therewith, or for any
statements made in any report and communication concerning the
insurability of the property, or in the findings required by the
provisions of this Act, or at the hearings conducted in connection
with such inspections.
Insolvency
Sec. 10. In the event any participating insurer fails, by
reason of insolvency, to pay any assessment, the association shall
cause the reimbursement ratios to be immediately recalculated,
excluding therefrom the amount of the insolvent insurer's
assessment determined by the commissioner to be uncollectible, so
that such uncollectible amount is, in effect, assumed and
redistributed among the remaining participating insurers.
Assessments and Premium Surcharges
Sec. 11. Should a deficit occur in the association, the
association, at the direction of the commissioner, shall either
request the issuance of public securities as authorized by Article
21.49A-1 of this code or assess participating insurers in
accordance with this section. As reimbursement for assessments
paid under this section or service fees paid under Article 21.49A-1
of this code, each insurer may charge a premium surcharge on every
property insurance policy issued by it insuring property in this
state, the effective date of which policy is within the three-year
period commencing 90 days after the date of assessment by the
association under this section or commencing 90 days after payment
of a service fee under Article 21.49A-1 of this code. The amount of
the surcharge shall be calculated on the basis of a uniform
percentage of the premium on such policies equal to one-third of the
ratio of the amount of an insurer's assessment or service fee
payment to the amount of its direct earned premiums as reported in
its financial statement to the department for the calendar year
immediately preceding the year in which the assessment is made,
such that over the period of three years the aggregate of all such
surcharges by an insurer shall be at least equal to the amount of
the assessment or service fee payment of such insurer. The amount
of any assessment paid and surcharged under this section may be
carried by the member insurer as an admitted asset of the insurer
for all purposes, including exhibition in annual statements under
Section 862.001 of this code, until collected. The commissioner
shall adopt rules and procedures as necessary to implement this
section.
Sanctions
Sec. 12. If the association, inspection bureau, or
participating insurer is found to be in violation of or in failure
to comply with this Act, each entity shall be subject to the
sanctions authorized in Chapter 82 of this code and administrative
penalties authorized under Chapter 84 of this code. The
commissioner may also utilize any other disciplinary procedures
authorized by this code, including the cease and desist procedures
authorized by Chapter 83 of this code.
Annual Report
Sec. 13. The association shall compile a calendar year annual
operating report and submit such annual report to the commissioner
on or before March 31 of the following calendar year. This annual
report shall be a matter of public record.
Powers of the Commissioner
Sec. 14. (a) In addition to any powers conferred upon the
commissioner by this or any other law, the commissioner is charged
with the authority to supervise the association and the inspection
bureau. In addition, the commissioner has the power:
(1) to examine the operation of the association and the
inspection bureau through free access to all the books, records,
files, papers, and documents relating to their operation and may
summon, qualify, and examine as witnesses all persons having
knowledge of such operations, including the governing committee,
officers, or employees thereof;
(2) to do all things necessary to enable the State of Texas
and the association to fully participate in any federal program of
reinsurance which may be enacted for purposes similar to the
purposes of this Act;
(3) to require such reports from the association concerning
risks insured by the association pursuant to this Act as may be
deemed necessary; and
(4) to adopt policy forms, endorsements, rates, and rating
and rule manuals for use by the association.
Retention of Profits
Sec. 15. The association shall retain any profits of the
association to be used for the purposes of the association. The
profits of the association shall be used to mitigate losses,
including the purchase of reinsurance and the offset of future
assessments, and may not be distributed to insurers.
Assets of Association
Sec. 16. On dissolution of the association, all assets of the
association shall be deposited in the general revenue fund.
Added by Acts 1995, 74th Leg., ch. 415, Sec. 6, eff. Aug - 28, 1995
Sec. 1 amended by Acts 2003, 78th Leg., ch. 964, Sec. 1, eff. June 20, 2003; Sec. 3(e) amended by Acts 2003, 78th Leg., ch. ...
- Texas Insurance Code - Not Codified Article 21.49A-1 - Revenue Bond Program For Fair Plan Association
Article repealed effective April 1, 2007 Purpose Sec. 1. The legislature finds that the issuance of public securities to provide a method to raise ...
- Texas Insurance Code - Not Codified Article 21.49B - Property And Casualty Insurance Initiatives Task Force
Article repealed effective April 1, 2007 The commissioner may establish a task force to study the utility and feasibility of instituting various property and ...
- Texas Insurance Code - Not Codified Article 21.49C - Report Of Claims Information About Burglary, Robbery, Or Death
(a) Subject to Subsection (b), the state fire marshal, the fire marshal of a political subdivision in this state, the chief of a fire department ...
- Texas Insurance Code - Not Codified Article 21.50 - Mortgage Guaranty Insurance
Article repealed effective April 1, 2007 Definitions Sec. 1. The definitions set forth herein shall govern the construction of the terms used in this ...
- Texas Insurance Code - Not Codified Article 21.52B - Pharmaceutical Services
Definitions Sec. 1. In this article: (1) "Health insurance policy" means an individual, group, blanket, or franchise insurance policy, insurance policy or agreement, or ...
- Texas Insurance Code - Not Codified Article 21.53X - Prohibited Practices Related To Exposure To Asbestos Or Silica
(a) In this article, "health benefit plan" means a plan that provides benefits for medical, surgical, or other treatment expenses incurred as a result of ...
- Texas Insurance Code - Not Codified Article 21.54 - Risk Retention Groups And Purchasing Groups
Article repealed effective April 1, 2007 Purpose Sec. 1. The purpose of this article is to regulate the formation and operation of risk retention ...
- Texas Insurance Code - Not Codified Article 21.58A - Health Care Utilization Review Agents
Article repealed effective April 1, 2007 Purpose Sec. 1. The purpose of this article is to: (1) promote the delivery of quality health care ...
- Texas Insurance Code - Not Codified Article 21.58B - Prohibition Of Consultant Activities
Article repealed effective April 1, 2007 A member or employee of the Board of Chiropractic Examiners shall be prohibited from acting as a consultant ...
- Texas Insurance Code - Not Codified Article 21.58C - Standards For Independent Review Organizations
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Life-threatening condition" has the meaning assigned by Section 6, Article 21.58A ...
- Texas Insurance Code - Not Codified Article 21.61 - Volunteer Fire Department Motor Vehicle Self-Insurance Program
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Fund" means the volunteer fire department self-insurance fund established under Section 5 ...
- Texas Insurance Code - Not Codified Article 21.70 - Notice To State Board Of Insurance By Property And Casualty Companies
(a) A company licensed to transact business in this state under Chapter 5, 6, 7, 8, 15, 16, 17, 18, or 19 of this code ...
- Texas Insurance Code - Not Codified Article 21.72 - General Reinsurance Requirements
Article repealed effective April 1, 2007 Sec. 1. (a) An insurance company incorporated under the laws of this state, another state, or the United ...
- Texas Insurance Code - Not Codified Article 21.77 - Group Marketing Of Motor Vehicle Insurance
Article repealed effective April 1, 2007 Purpose Sec. 1. The purpose of this article is to authorize the writing of motor vehicle insurance covering ...
- Texas Insurance Code - Not Codified Article 21.79 - Group Insurance Of Private Passenger Auto And Residential Property Insurance In Underserved Areas
Article repealed effective April 1, 2007 Sec. 1. (a) By rule the commissioner may determine and designate areas as underserved areas for private passenger auto ...
- Texas Insurance Code - Not Codified Article 21.79E - Credit Involuntary Unemployment Insurance
Article repealed effective April 1, 2007 Any insurer authorized to write any form of casualty insurance in this state shall also be authorized to ...
- Texas Insurance Code - Not Codified Article 21.79H - Recovery Of Certain Costs From Third Party
(a) This article applies to any insurer that delivers, issues for delivery, or renews a private passenger automobile insurance policy in this state, including a ...
- Texas Insurance Code - Not Codified Article 21.80 - Licensing Requirements For Automobile Clubs
(a) An automobile club as defined in Section 722.002(2), Transportation Code, may provide insurance service only as provided by this section. (b) An automobile club ...
- Texas Insurance Code - Not Codified Article 21.81 - Texas Automobile Insurance Plan Association
Article repealed effective April 1, 2007 Definitions Sec. 1. In this article: (1) "Association" means the Texas Automobile Insurance Plan Association established under this ...
- Texas Insurance Code - Not Codified Article 25.01 - Definitions
Article repealed effective April 1, 2007 In this chapter: (1) "Job protection insurance" means the business of providing indemnity to conductors, engineers, motormen, brakemen, ...
- Texas Insurance Code - Not Codified Article 25.02 - Authorized Coverages; Limitations
Article repealed effective April 1, 2007 (a) The kinds of insurance to by written by domestic and foreign insurance carriers operating under this chapter ...
- Texas Insurance Code - Not Codified Article 25.03 - Capital And Surplus
Article repealed effective April 1, 2007 Domestic and foreign insurance carriers operating under this chapter shall maintain the minimum capital and surplus required by ...
- Texas Insurance Code - Not Codified Article 25.04 - Certificate Of Authority
Article repealed effective April 1, 2007 (a) An insurance carrier may not be granted a certificate of authority to operate under this chapter unless: ...
- Texas Insurance Code - Not Codified Article 25.05 - Other Laws To Govern
Article repealed effective April 1, 2007 Chapter 2, including Article 2.20, Chapter 8, and Article 4.10 of this code, and all other provisions of ...
- Texas Insurance Code - Not Codified Article 25.06 - Agents' Licenses
Article repealed effective April 1, 2007 Subchapter A, Chapter 21, of this code applies to the licensing and regulation of an agent authorized to ...
- Texas Insurance Code - Not Codified Article 25.07 - Retaliatory Provisions; Applicability And Exceptions
Article repealed effective April 1, 2007 Article 21.46 of this code, with the exception of the minimum capital and surplus requirements specified in that ...
- Texas Insurance Code - Not Codified Article 25.08 - Guaranty Fund; Exception
Article repealed effective April 1, 2007 Coverages provided under this chapter are not subject to the guaranty funds provided in this code unless specifically ...
- Texas Insurance Code - Not Codified Article 25.09 - Prohibited Acts
Article repealed effective April 1, 2007 A person may not engage in any of the following acts: (1) providing any of the coverages indicated ...
- Texas Insurance Code - Not Codified Article 25.10 - Penalties
Article repealed effective April 1, 2007 (a) The board may refuse to issue or renew a certificate of authority or a license, or may ...
- Texas Insurance Code - Not Codified Article 29.01 - Findings And Purposes
Text of article effective until September 1, 2007 The legislature finds that joint negotiation by competing physicians of certain terms and conditions of contracts ...
- Texas Insurance Code - Not Codified Article 29.02 - Definitions
Text of article effective until September 1, 2007 In this chapter: (1) "Health benefit plan" means a plan described by Article 29.03 of this ...
- Texas Insurance Code - Not Codified Article 29.03 - Scope Of Chapter
Text of article effective until September 1, 2007 (a) This chapter applies only to a health benefit plan that provides benefits for medical or ...
- Texas Insurance Code - Not Codified Article 29.04 - Joint Negotiation Authorized
Text of article effective until September 1, 2007 Competing physicians within the service area of a health benefit plan may meet and communicate for ...
- Texas Insurance Code - Not Codified Article 29.05 - Limitations On Joint Negotiation
Text of article effective until September 1, 2007 Except as provided in Article 29.06 of this code, competing physicians shall not meet and communicate ...
- Texas Insurance Code - Not Codified Article 29.06 - Exception To Limitations On Joint Negotiation
Text of article effective until September 1, 2007 (a) Competing physicians within the service area of a health benefit plan may jointly negotiate the ...
- Texas Insurance Code - Not Codified Article 29.07 - Joint Negotiation Requirements
Text of article effective until September 1, 2007 Competing health care physicians' exercise of joint negotiation rights granted by Articles 29.04 and 29.06 of ...
- Texas Insurance Code - Not Codified Article 29.08 - Requirements For Physicians' Representative
Text of article effective until September 1, 2007 Any person or organization proposing to act or acting as a representative of physicians for the ...
- Texas Insurance Code - Not Codified Article 29.09 - Approval Process By Attorney General
Text of article effective until September 1, 2007 (a) The attorney general shall either approve or disapprove an initial filing, supplemental filing, or a ...
- Texas Insurance Code - Not Codified Article 29.10 - Certain Joint Action Prohibited
Text of article effective until September 1, 2007 Nothing contained in this chapter shall be construed to enable physicians to jointly coordinate any cessation, ...
- Texas Insurance Code - Not Codified Article 29.11 - Rulemaking Authority
Text of article effective until September 1, 2007 The attorney general and the commissioner shall have the authority to promulgate rules necessary to implement ...
- Texas Insurance Code - Not Codified Article 29.12 - Construction
Text of article effective until September 1, 2007 This chapter shall not be construed to prohibit physicians from negotiating the terms and conditions of ...
- Texas Insurance Code - Not Codified Article 29.13 - Fees
Text of article effective until September 1, 2007 Each person who acts as the representative of negotiating parties under this chapter shall pay to ...
- Texas Insurance Code - Not Codified Article 29.14 - Expiration
This chapter expires September 1, 2007. Added by Acts 1999, 76th Leg., ch. 1586, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th ...
- Texas Insurance Code - Not Codified Section 21A.001 - Construction And Purpose
(a) This chapter may be cited as the Insurer Receivership Act. (b) This chapter may not be interpreted to limit the powers granted the commissioner ...
- Texas Insurance Code - Not Codified Section 21A.002 - Conflicts Of Law
This chapter and the state law governing insurance guaranty associations constitute this state's insurer receivership laws and shall be construed together in a manner that ...
- Texas Insurance Code - Not Codified Section 21A.003 - Covered Persons
The provisions of this chapter apply to all: (1) insurers who are doing or have done an insurance business in this state and against whom ...
- Texas Insurance Code - Not Codified Section 21A.004 - Definitions
(a) For the purposes of this chapter: (1) "Affiliate," "control," and "subsidiary" have the meanings assigned by Chapter 823. (2) "Alien insurer" means an insurer ...
- Texas Insurance Code - Not Codified Section 21A.005 - Jurisdiction And Venue
(a) A delinquency proceeding may not be commenced under this chapter by a person other than the commissioner, and a court does not have jurisdiction ...
- Texas Insurance Code - Not Codified Section 21A.006 - Exemption From Fees
The receiver may not be required to pay any filing, recording, transcript, or authenticating fee to any public officer in this state. Added by Acts ...
- Texas Insurance Code - Not Codified Section 21A.007 - Notice, Hearing, And Appeal On Matters Submitted By Receiver For Receivership Court Approval
(a) Upon written request to the receiver, a person must be placed on the service list to receive notice of matters filed by the receiver. ...
- Texas Insurance Code - Not Codified Section 21A.008 - Injunctions And Orders
(a) The receivership court may issue any order, process, or judgment, including stays, injunctions, or other orders, as necessary or appropriate to carry out the ...
- Texas Insurance Code - Not Codified Section 21A.009 - Statutes Of Limitations
(a) If applicable law, an order, or an agreement fixes a period within which the insurer may commence an action, and this period has not ...
- Texas Insurance Code - Not Codified Section 21A.010 - Cooperation Of Officers, Owners, And Employees
(a) Any present or former officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in ...
- Texas Insurance Code - Not Codified Section 21A.011 - Actions By And Against Receiver
(a) An allegation by the receiver of improper or fraudulent conduct against any person may not be the basis of a defense to the enforcement ...
- Texas Insurance Code - Not Codified Section 21A.012 - Unrecorded Obligations And Defenses Of Affiliates
(a) In any proceeding or claim by the receiver, an affiliate, controlled or controlling person, or present or former officer, manager, director, trustee, or shareholder ...
- Texas Insurance Code - Not Codified Section 21A.013 - Executory Contracts And Unexpired Leases
(a) The receiver may assume or reject any executory contract or unexpired lease of the insurer. (b) Neither the filing of a petition commencing delinquency ...
- Texas Insurance Code - Not Codified Section 21A.0135 - Contracts For Special Deputies
(a) The receiver shall use a competitive bidding process in the selection of any special deputies appointed under Section 21A.102 or 21A.154. The process must ...
- Texas Insurance Code - Not Codified Section 21A.014 - Immunity And Indemnification Of Receiver And Assistants
(a) For the purposes of this section, the persons entitled to immunity and indemnification and those entitled to immunity only, as applicable, are: (1) all ...
- Texas Insurance Code - Not Codified Section 21A.015 - Approval And Payment Of Expenses
(a) The receiver may pay any expenses under contracts, leases, employment agreements, or other arrangements entered into by the insurer prior to receivership, as the ...
- Texas Insurance Code - Not Codified Section 21A.016 - Financial Reporting
(a) Not later than the 120th day after the date of entry of an order of receivership by the receivership court, and at least quarterly ...
- Texas Insurance Code - Not Codified Section 21A.017 - Records
(a) Upon entry of an order |