Texas Insurance Code - Section 40.003. Application Of Chapter; Exceptions
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Texas Lawyer > Insurance Code > Texas Insurance Code - Section 40.003. Application Of Chapter; Exceptions
§ 40.003. APPLICATION OF CHAPTER; EXCEPTIONS. (a) This
chapter applies only to a hearing required to be held before a
decision may be rendered or action taken by the commissioner or the
department.
(b) If a provision of this code or another insurance law of
this state requires that the commissioner take an action at a
hearing subject to this chapter, the commissioner shall take the
action after receipt of a proposal for decision from the office
regarding the hearing conducted by the office.
(c) This chapter does not apply to a proceeding conducted
under Chapter 201 or to a proceeding relating to:
(1) approving or reviewing rates or rating manuals
filed by an individual company, unless the rates or manuals are
contested;
(2) adopting a rule;
(3) adopting or approving a policy form or policy form
endorsement;
(4) adopting or approving a plan of operation for an
organization subject to the jurisdiction of the department;
(5) adopting a presumptive rate under Chapter 1153;
or
(6) a workers' compensation claim brought under Title
5, Labor Code.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1318, § 3, eff. Sept. 1,
2001; Acts 2005, 79th Leg., ch. 265, § 6.057, eff. Sept. 1,
2005.
Section: 38.301 38.302 39.001 39.002 39.003 40.001 40.002 40.003 40.004 40.005 40.051 40.052 40.053 40.054 40.055
Last modified: August 11, 2007
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