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Texas Insurance Code - Section 501.153. Authority To Appear, Intervene, Or Initiate

Legal Research Home > Texas Lawyer > Insurance Code > Texas Insurance Code - Section 501.153. Authority To Appear, Intervene, Or Initiate

§ 501.153. AUTHORITY TO APPEAR, INTERVENE, OR 
INITIATE.  The public counsel:
		(1)  may appear or intervene, as a party or otherwise, 
as a matter of right before the commissioner or department on behalf 
of insurance consumers, as a class, in matters involving:
			(A)  rates, rules, and forms affecting:                                      
				(i)  property and casualty insurance;                                       
				(ii)  title insurance;                                                      
				(iii)  credit life insurance;                                               
				(iv)  credit accident and health insurance;  
or                           
				(v)  any other line of insurance for which 
the commissioner or department promulgates, sets, adopts, or 
approves rates, rules, or forms;
			(B)  rules affecting life, health, or accident 
insurance;  or              
			(C)  withdrawal of approval of policy forms:                                 
				(i)  in proceedings initiated by the 
department under Sections 1701.055 and 1701.057;  or
				(ii)  if the public counsel presents 
persuasive evidence to the department that the forms do not comply 
with this code, a rule adopted under this code, or any other law;
		(2)  may initiate or intervene as a matter of right or 
otherwise appear in a judicial proceeding involving or arising from 
an action taken by an administrative agency in a proceeding in which 
the public counsel previously appeared under the authority granted 
by this chapter;
		(3)  may appear or intervene, as a party or otherwise, 
as a matter of right on behalf of insurance consumers as a class in 
any proceeding in which the public counsel determines that 
insurance consumers are in need of representation, except that the 
public counsel may not intervene in an enforcement or parens 
patriae proceeding brought by the attorney general;  and
		(4)  may appear or intervene before the commissioner or 
department as a party or otherwise on behalf of small commercial 
insurance consumers, as a class, in a matter involving rates, 
rules, or forms affecting commercial insurance consumers, as a 
class, in any proceeding in which the public counsel determines 
that small commercial consumers are in need of representation.

Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.          

Last modified: August 10, 2007