Texas Insurance Code - Section 36.005. Interim Rules To Comply With Federal Requirements
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§ 36.005. INTERIM RULES TO COMPLY WITH FEDERAL
REQUIREMENTS. (a) The commissioner may adopt rules to implement
state responsibility in compliance with a federal law or regulation
or action of a federal court relating to a person or activity under
the jurisdiction of the department if:
(1) federal law or regulation, or an action of a
federal court, requires:
(A) a state to adopt the rules; or
(B) action by a state to ensure protection of the
citizens of the state;
(2) the rules will avoid federal preemption of state
insurance regulation; or
(3) the rules will prevent the loss of federal funds to
this state.
(b) The commissioner may adopt a rule under this section
only if the federal action requiring the adoption of a rule occurs
or takes effect between sessions of the legislature or at such time
during a session of the legislature that sufficient time does not
remain to permit the preparation of a recommendation for
legislative action or permit the legislature to act. A rule adopted
under this section shall remain in effect only until 30 days
following the end of the next session of the legislature unless a
law is enacted that authorizes the subject matter of the rule. If a
law is enacted that authorizes the subject matter of the rule, the
rule will continue in effect.
Added by Acts 2003, 78th Leg., ch. 206, § 15.03, eff. June 11,
2003.
Section: 34.003 34.004 34.005 36.001 36.002 36.003 36.004 36.005 36.101 36.102 36.103 36.104 36.105 36.106 36.107
Last modified: August 11, 2007
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