Texas Insurance Code - Section 81.001. Limitations Period For Certain Disciplinary Actions
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§ 81.001. LIMITATIONS PERIOD FOR CERTAIN DISCIPLINARY
ACTIONS. (a) Except as provided by Subsection (b), the department
or commissioner may not begin an action to impose a sanction,
penalty, or fine, including an administrative penalty, against an
insurer, agent, or other license holder who is subject to the
jurisdiction of the department for conduct that is a violation of
this code or another insurance law of this state after the earlier
of:
(1) the fifth anniversary of the date on which the
conduct that is a violation occurred; or
(2) the second anniversary of the earlier of:
(A) the date on which the conduct that is a
violation is first discovered by the department; or
(B) the date on which the conduct that is a
violation is made known to the department.
(b) The department or commissioner may not begin an action
to impose a sanction, penalty, or fine, including an administrative
penalty, against an insurer, agent, or other license holder who is
subject to the jurisdiction of the department for conduct that is a
violation of this code or another insurance law of this state and
that involves fraud by the insurer, agent, or license holder after
the fifth anniversary of the earlier of:
(1) the date on which the conduct that is a violation
is first discovered by the department; or
(2) the date on which the conduct that is a violation
is made known to the department.
(c) This section does not apply to conduct that is:
(1) a violation that is ongoing at the time the
department seeks to impose the sanction, penalty, or fine;
(2) a violation of Subchapter A, Chapter 544, or
Section 541.057, as those provisions relate to discrimination on
the basis of race or color, regardless of the time the conduct
occurs; or
(3) a violation of Title 5, Labor Code.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 887, § 1, eff. Sept. 1,
2001; Acts 2005, 79th Leg., ch. 265, § 6.058, eff. Sept. 1,
2005.
Section: 40.054 40.055 40.056 40.057 40.058 40.059 40.060 81.001 81.002 81.003 81.004 82.001 82.002 82.003 82.051
Last modified: August 11, 2007
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