Texas Insurance Code - Section 101.053. Application Of Subchapter
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§ 101.053. APPLICATION OF SUBCHAPTER. (a) Sections
101.051 and 101.052 apply to an act whether performed by mail or
otherwise. Venue for an act performed by mail is at the place where
the matter transmitted by mail is delivered and takes effect.
(b) Sections 101.051 and 101.052 do not apply to:
(1) the lawful transaction of surplus lines insurance
under Chapter 981;
(2) the lawful transaction of reinsurance by insurers;
(3) a transaction in this state that:
(A) involves a policy that:
(i) is lawfully solicited, written, and
delivered outside this state; and
(ii) covers, at the time the policy is
issued, only subjects of insurance that are not resident, located,
or expressly to be performed in this state; and
(B) takes place after the policy is issued;
(4) a transaction:
(A) that involves an insurance contract
independently procured by the insured from an insurance company not
authorized to do insurance business in this state through
negotiations occurring entirely outside this state;
(B) that is reported; and
(C) on which premium tax is paid in accordance
with Chapter 226;
(5) a transaction in this state that:
(A) involves group life, health, or accident
insurance, other than credit insurance, and group annuities in
which the master policy for the group was lawfully issued and
delivered in a state in which the insurer or person was authorized
to do insurance business; and
(B) is authorized by a statute of this state;
(6) an activity in this state by or on the sole behalf
of a nonadmitted captive insurance company that insures solely:
(A) directors' and officers' liability insurance
for the directors and officers of the company's parent and
affiliated companies;
(B) the risks of the company's parent and
affiliated companies; or
(C) both the individuals and entities described
by Paragraphs (A) and (B);
(7) the issuance of a qualified charitable gift
annuity under Chapter 102; or
(8) a lawful transaction by a servicing company of the
Texas workers' compensation employers' rejected risk fund under
Section 4.08, Article 5.76-2, as that article existed before its
repeal.
(c) Subsection (b)(6) does not exempt an insured or insurer
from the payment of an applicable tax on premium or from another
applicable provision of this code.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 411, § 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1419, § 24,, eff. June 1, 2003;
Acts 2001, 77th Leg., ch. 1420, § 11.008, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 209, § 9, eff. Oct. 1, 2003; Acts 2003,
78th Leg., ch. 1274, § 13, eff. April 1, 2005.
Section: 86.052 101.001 101.002 101.003 101.004 101.051 101.052 101.053 101.054 101.055 101.101 101.102 101.103 101.104 101.105
Last modified: August 11, 2007
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