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- Texas Insurance Code Section 30.001 - Purpose Of Titles 2, 3, 5, 6, 7, 8, 9, 11, And 13
Text of section effective until April 1, 2007 (a) This title and Titles 3, 5, 6, 7, 8, 9, 11, and 13 are enacted ...
- Texas Insurance Code Section 30.001 - Purpose Of Titles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, And 14
Text of section effective April 1, 2007 (a) This title and Titles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 ...
- Texas Insurance Code Section 30.002 - Construction
Text of section effective until April 1, 2007 Except as provided by Section 30.003 and as otherwise expressly provided in this code, Chapter 311, ...
- Texas Insurance Code Section 30.002 - Construction
Text of section effective April 1, 2007 Except as provided by Section 30.003 and as otherwise expressly provided in this code, Chapter 311, Government ...
- Texas Insurance Code Section 30.003 - Definition Of Person
Text of section effective until April 1, 2007 The definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision ...
- Texas Insurance Code Section 30.003 - Definition Of Person
Text of section effective April 1, 2007 The definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision in ...
- Texas Insurance Code Section 30.004 - Reference In Law To Statute Revised By Title 2, 3, 5, 6, 7, 8, 9, 11, Or 13
Text of section effective until April 1, 2007 A reference in a law to a statute or a part of a statute revised by this ...
- Texas Insurance Code Section 30.004. REFERENCE IN LAW TO STATUTE REVISED BY TITLE 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, OR 14.
Text of section effective April 1, 2007
A reference in a law to a statute or a part of a statute
revised by this title or by Title 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
or 14 is considered to be a reference to the part of this code that
revises that statute or part of that statute.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept - 1, 1999
Acts 2001, 77th Leg., ch. 1419, § 17, eff. June 1, 2003; Acts 2001, 77th Leg., ch. 1420, § 11.001, eff. Sept. 1, 2001. Amended ...
- Texas Insurance Code Section 31.001 - Definitions
In this code and other insurance laws: (1) "Commissioner" means the commissioner of insurance. (2) "Department" means the Texas Department of Insurance. Added by Acts ...
- Texas Insurance Code Section 31.002 - Duties Of Department
In addition to the other duties required of the Texas Department of Insurance, the department shall: (1) regulate the business of insurance in this state; ...
- Texas Insurance Code Section 31.003 - Composition Of Department
The department is composed of the commissioner and other officers and employees required to efficiently implement: (1) this code; (2) other insurance laws of this ...
- Texas Insurance Code Section 31.004 - Sunset Provision
(a) The Texas Department of Insurance is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, ...
- Texas Insurance Code Section 31.005 - Defense By Attorney General
The attorney general shall defend an action brought against the commissioner or an employee or officer of the department as a result of that person's ...
- Texas Insurance Code Section 31.006 - Texas Workers' Compensation Commission Not Affected
This code does not affect the duties imposed by law on the Texas Workers' Compensation Commission. Added by Acts 1999, 76th Leg., ch. 101, § ...
- Texas Insurance Code Section 31.007 - References To Board
A reference in this code or other law to the State Board of Insurance, the Board of Insurance Commissioners, or an individual commissioner means the ...
- Texas Insurance Code Section 31.021 - Chief Executive
(a) The commissioner is the department's chief executive and administrative officer. The commissioner shall administer and enforce this code, other insurance laws of this state, ...
- Texas Insurance Code Section 31.022 - Appointment; Term
(a) The governor, with the advice and consent of the senate, shall appoint the commissioner. The commissioner serves a two-year term that expires on February ...
- Texas Insurance Code Section 31.023 - Qualifications
The commissioner must: (1) be a competent and experienced administrator; (2) be well informed and qualified in the field of insurance and insurance regulation; and ...
- Texas Insurance Code Section 31.024 - Ineligibility For Public Office
The commissioner is ineligible to be a candidate for a public elective office in this state, unless the commissioner has resigned and the governor has ...
- Texas Insurance Code Section 31.026 - Compensation
The commissioner is entitled to compensation as provided by the General Appropriations Act. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. ...
- Texas Insurance Code Section 31.027 - Grounds For Removal
(a) It is a ground for removal from office if the commissioner: (1) does not have at the time of appointment the qualifications required by ...
- Texas Insurance Code Section 31.028 - Training Program For Commissioner
(a) Not later than the 90th day after the date on which the commissioner takes office, the commissioner shall complete a training program that complies ...
- Texas Insurance Code Section 31.041 - Department Personnel
(a) Subject to the General Appropriations Act or other law, the commissioner shall appoint deputies, assistants, and other personnel as necessary to carry out the ...
- Texas Insurance Code Section 31.042 - Division Of Responsibilities
The commissioner shall develop and implement policies that clearly define the respective responsibilities of the commissioner and the staff of the department. Added by Acts ...
- Texas Insurance Code Section 31.043 - Equal Employment Opportunity Policy; Report
(a) The commissioner or the commissioner's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity ...
- Texas Insurance Code Section 31.044 - Qualifications And Standards Of Conduct
The commissioner shall provide to department employees, as often as necessary, information regarding their: (1) qualification for office or employment under this code; and (2) ...
- Texas Insurance Code Section 31.045 - Career Ladder Program; Performance Evaluations
(a) The commissioner or the commissioner's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry level positions ...
- Texas Insurance Code Section 32.001 - Giving Certified Copies And Certificates
(a) On request and on payment of the required fee, the department shall: (1) certify a copy of a paper or a record in a ...
- Texas Insurance Code Section 32.002 - Record Of Department Proceedings
The department shall maintain a complete record of the department's proceedings. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999. ...
- Texas Insurance Code Section 32.003 - Statements Regarding Condition Of Examined Companies
The department shall maintain a concise statement of the condition of each company or agency visited or examined. Added by Acts 1999, 76th Leg., ch. ...
- Texas Insurance Code Section 32.021 - Annual Reports
(a) The department shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report ...
- Texas Insurance Code Section 32.022 - Biennial Report To Legislature
(a) On or before December 31 of each even-numbered year, the department shall submit to the appropriate committees of each house of the legislature a ...
- Texas Insurance Code Section 32.023 - Reports To Other States
On request, the department shall provide to the insurance commissioner or other similar officer of another state information relating to a company of this state ...
- Texas Insurance Code Section 32.041 - Forms
The department shall furnish to the companies required to report to the department the necessary forms for the required statements. Added by Acts 1999, 76th ...
- Texas Insurance Code Section 33.001 - Application Of Law Relating To Ethical Conduct
The commissioner and each employee or agent of the department is subject to the code of ethics and the standard of conduct imposed by Chapter ...
- Texas Insurance Code Section 33.002 - Insurance Business Interest; Service As Commissioner
(a) A person is not eligible for appointment as commissioner if the person, the person's spouse, or any other person who resides in the same ...
- Texas Insurance Code Section 33.003 - Insurance Business Interest; Employee
(a) A person who is a director, officer, attorney, agent, or employee of an insurance company, insurance agent, insurance broker, or insurance adjuster may not ...
- Texas Insurance Code Section 33.004 - Trade Associations
(a) A person who is an officer, employee, or paid consultant of a trade association in the field of insurance may not be: (1) the ...
- Texas Insurance Code Section 33.005 - Lobbying Activities
A person may not serve as the commissioner or act as the general counsel to the commissioner if the person is required to register as ...
- Texas Insurance Code Section 33.006 - Former Service
A person may not serve as the commissioner if the person served as a member of the State Board of Insurance. Added by Acts 1999, ...
- Texas Insurance Code Section 33.007 - Prohibited Representation
(a) A person who served as the commissioner, the general counsel to the commissioner, or the public insurance counsel, or as an employee of the ...
- Texas Insurance Code Section 34.001 - Personal Immunity
A person who is the commissioner or an employee of the department is not personally liable in a civil action for: (1) an act performed ...
- Texas Insurance Code Section 34.002 - Immunity For Furnishing Information Relating To Fraud
(a) A person is not liable in a civil action, including an action for libel or slander, and a civil action may not be brought ...
- Texas Insurance Code Section 34.003 - Immunity For Investigations And Related Reports
(a) A person who is the commissioner or an employee, agent, or designee of the department is not liable in a civil action, including an ...
- Texas Insurance Code Section 34.004 - Immunity For Use Of Annual Statement Information
(a) A person is not liable in a civil action, including an action for libel or slander, for collecting, reviewing, analyzing, disseminating, or reporting information ...
- Texas Insurance Code Section 34.005 - Effect Of Chapter On Other Immunity
This chapter does not affect or modify any common law or statutory privilege or immunity. Added by Acts 1999, 76th Leg., ch. 101, § 1, ...
- Texas Insurance Code Section 36.001 - General Rulemaking Authority
(a) The commissioner may adopt any rules necessary and appropriate to implement the powers and duties of the department under this code and other laws ...
- Texas Insurance Code Section 36.002 - Additional Rulemaking Authority
Text of section effective April 1, 2007 The commissioner may adopt reasonable rules that are: (1) necessary to effect the purposes of a provision ...
- Texas Insurance Code Section 36.003 - Rules Restricting Advertising Or Competitive Bidding
The commissioner may not adopt rules restricting advertising or competitive bidding by a person regulated by the department except to prohibit false, misleading, or deceptive ...
- Texas Insurance Code Section 36.004 - Compliance With National Association Of Insurance Commissioners Requirements
Except as provided by Section 36.005, the department may not require an insurer to comply with a rule, regulation, directive, or standard adopted by the ...
- Texas Insurance Code Section 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 ...
- Texas Insurance Code Section 36.101 - Applicability Of Certain Laws
Except as specifically provided by law, the department is subject to Chapters 2001 and 2002, Government Code. Added by Acts 1999, 76th Leg., ch. 101, ...
- Texas Insurance Code Section 36.102 - Summary Procedures For Routine Matters
(a) The commissioner by rule may: (1) create a summary procedure for routine matters; and (2) designate department activities that otherwise would be subject to ...
- Texas Insurance Code Section 36.103 - Review Of Action On Routine Matter
(a) A person directly or indirectly affected by an action of the commissioner or the department on a routine matter taken under the summary procedure ...
- Texas Insurance Code Section 36.104 - Informal Disposition Of Certain Contested Cases
(a) The commissioner may, on written agreement or stipulation of each party and any intervenor, informally dispose of a contested case in accordance with Section ...
- Texas Insurance Code Section 36.105 - Newspaper Publication
Except as otherwise provided by law, a notice or other matter that this code requires to be published must be published for three successive weeks ...
- Texas Insurance Code Section 36.106 - Waiver Of Certain Notice Requirements
The commissioner may, on written agreement or stipulation of each party and any intervenor, waive or modify the notice publication requirement of Article 2.01, 2.03, ...
- Texas Insurance Code Section 36.107 - Acceptance Of Actuarial Opinion
An opinion of an actuary requested by the commissioner under this code, another insurance law of this state, or a rule of the commissioner is ...
- Texas Insurance Code Section 36.108 - Filing Date Of Report, Financial Statement, Or Payment Delivered By Postal Service
Except as otherwise specifically provided, for a report, financial statement, or payment that is required to be filed or made in the offices of the ...
- Texas Insurance Code Section 36.109 - Renewal Extension For Certain Persons Performing Military Service
(a) The department may extend the renewal period for a license, permit, certificate of authority, certificate of registration, or other authorization issued by the department ...
- Texas Insurance Code Section 36.151 - Definition
In this subchapter, "records" includes books, accounts, documents, papers, correspondence, and other material. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. ...
- Texas Insurance Code Section 36.152 - Subpoena Authority
(a) With respect to a matter that the commissioner has authority to consider or investigate, the commissioner may issue a subpoena applicable throughout the state ...
- Texas Insurance Code Section 36.153 - Service Of Subpoena
(a) A subpoena issued by the commissioner may be served, at the discretion of the commissioner, by the commissioner, an authorized agent of the commissioner, ...
- Texas Insurance Code Section 36.154 - Enforcement Of Subpoena
(a) On application of the commissioner in the case of disobedience of a subpoena or the contumacy of a person, a district court may issue ...
- Texas Insurance Code Section 36.155 - Compensation For Attendance
A person required by subpoena to attend a proceeding before the commissioner or the commissioner's designee is entitled to: (1) reimbursement for mileage in the ...
- Texas Insurance Code Section 36.156 - Out-Of-State Materials
(a) A person with materials located outside this state that are requested by the commissioner may make the materials available for examination at the place ...
- Texas Insurance Code Section 36.157 - Use As Evidence In Certain Cases
(a) This section applies to testimony or records resulting in a case involving an allegation of engaging in the business of insurance without a license. ...
- Texas Insurance Code Section 36.158 - Access To Information
(a) A record or other evidence acquired under a subpoena under this subchapter is not a public record for the period the commissioner considers reasonably ...
- Texas Insurance Code Section 36.159 - Privileged And Confidential Records And Information; Protective Orders
(a) A record subpoenaed and produced under this subchapter that is otherwise privileged or confidential by law remains privileged or confidential until admitted into evidence ...
- Texas Insurance Code Section 36.160 - Cooperation With Law Enforcement
On request, the commissioner may furnish records or other evidence obtained by subpoena to: (1) a law enforcement agency of this state, another state, or ...
- Texas Insurance Code Section 36.161 - Certain Subpoenas Issued To Financial Institutions
A subpoena issued to a bank or other financial institution as part of a criminal investigation is not subject to Section 30.007, Civil Practice and ...
- Texas Insurance Code Section 36.162 - Effect On Contested Case
Sections 36.152, 36.156, 36.158, 36.160, and 36.161 do not affect the conduct of a contested case under Chapter 2001, Government Code. Added by Acts 1999, ...
- Texas Insurance Code Section 36.201 - Action Subject To Judicial Review
An action of the commissioner subject to judicial review under this subchapter includes a decision, order, rate, rule, form, or administrative or other ruling of ...
- Texas Insurance Code Section 36.2015 - Actions Under Title 5, Labor Code
Notwithstanding Section 36.201, a decision, order, form, or administrative or other rule of the commissioner of workers' compensation under Title 5, Labor Code, or a ...
- Texas Insurance Code Section 36.202 - Petition For Judicial Review
(a) After failing to get relief from the commissioner, any insurance company or other party at interest who is dissatisfied with an action of the ...
- Texas Insurance Code Section 36.203 - Judicial Review
Judicial review of the action is under the substantial evidence rule and shall be conducted under Chapter 2001, Government Code. Added by Acts 1999, 76th ...
- Texas Insurance Code Section 36.204 - Action Not Vacated
(a) The filing of a petition for judicial review of an action under this subchapter does not vacate the action. (b) After notice and hearing, ...
- Texas Insurance Code Section 36.205 - Appeal
(a) A party to the action under Section 36.202 may appeal to an appellate court that has jurisdiction, and the appeal is at once returnable ...
- Texas Insurance Code Section 37.001 - Certain Proceedings Relating To Ratemaking And Policy Forms; Rules
(a) The commissioner shall adopt rules governing proceedings necessary to approve or promulgate rates, policy forms, or policy form endorsements under this code or another ...
- Texas Insurance Code Section 37.051 - Streamlined Procedures
(a) The department shall study and the commissioner may adopt and implement procedures for streamlining insurance rate proceedings under this code or another insurance law ...
- Texas Insurance Code Section 37.052 - Role Of Department
(a) The application of this section is subject to Chapter 40. (b) The commissioner may designate the general counsel or an assistant general counsel to ...
- Texas Insurance Code Section 37.053 - Effectiveness Of Rate During Appeal
(a) An order of the commissioner that determines, approves, or sets a rate under this code and that is appealed remains in effect during the ...
- Texas Insurance Code Section 38.001 - Inquiries
(a) In this section, "authorization" means a permit, certificate of registration, or other authorization issued or existing under this code. (b) The department may address ...
- Texas Insurance Code Section 38.002 - Underwriting Guidelines For Personal Automobile And Residential Property Insurance; Filing; Confidentiality
(a) In this section: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, Lloyd's ...
- Texas Insurance Code Section 38.003 - Underwriting Guidelines For Other Lines; Confidentiality
(a) This section applies to all underwriting guidelines that are not subject to Section 38.002. (b) For purposes of this section, "insurer" means a reciprocal ...
- Texas Insurance Code Section 38.051 - Definition
In this subchapter, "health benefit plan provider" means an insurance company, group hospital service corporation, or health maintenance organization that issues: (1) an individual, group, ...
- Texas Insurance Code Section 38.052 - Required Information; Rules
(a) A health benefit plan provider shall submit information required by the department relating to the health benefit plan provider's: (1) loss experience; (2) overhead; ...
- Texas Insurance Code Section 38.101 - Definitions
In this subchapter: (1) "HIV" and "AIDS" have the meanings assigned by Section 81.101, Health and Safety Code. (2) "Health benefit plan coverage" means a ...
- Texas Insurance Code Section 38.102 - Purpose
The purpose of this subchapter is to: (1) ensure that adequate health insurance and benefits coverage is available to the citizens of this state; (2) ...
- Texas Insurance Code Section 38.103 - Data Collection Program
(a) The department shall maintain a program to gather data and information relating to the effect of HIV and AIDS on the availability, adequacy, and ...
- Texas Insurance Code Section 38.104 - Compilation Of Data And Information; Report
(a) The department shall compile the data and information included in reports required by this subchapter into composite form and shall prepare at least annually ...
- Texas Insurance Code Section 38.105 - Recommendations And Reports To Legislature
(a) The commissioner may submit to the legislature written recommendations for legislation the commissioner considers necessary to resolve problems related to the effect of HIV ...
- Texas Insurance Code Section 38.106 - Information Confidential
(a) If the commissioner determines that information or reports submitted under this subchapter would reveal or might reveal the identity of an individual or associate ...
- Texas Insurance Code Section 38.151 - Definitions
In this subchapter: (1) "Insurer" means: (A) an insurance company or other entity that is admitted to do business and authorized to write liability insurance ...
- Texas Insurance Code Section 38.152 - Exemption
This subchapter does not apply to a farm mutual insurance company or to a county mutual fire insurance company writing exclusively industrial fire insurance as ...
- Texas Insurance Code Section 38.153 - Closed Claim Report
(a) Not later than the 10th day after the last day of the calendar quarter in which a claim for recovery under a liability insurance ...
- Texas Insurance Code Section 38.154 - Content Of Closed Claim Report Form
(a) The closed claim report form adopted by the commissioner for a report under Section 38.153 must require information relating to: (1) the identity of ...
- Texas Insurance Code Section 38.155 - Summary Closed Claim Report
(a) An insurer shall file with the department a summary closed claim report for a claim for recovery under a liability insurance policy if the ...
- Texas Insurance Code Section 38.156 - Content Of Summary Closed Claim Report Form
The summary closed claim report form adopted by the commissioner for a report under Section 38.155 must require information relating to: (1) the identity of ...
- Texas Insurance Code Section 38.157 - Aggregate Report
(a) An insurer shall file with the department one report containing the information required under this section for all claims closed within the calendar year ...
- Texas Insurance Code Section 38.158 - Alternative Reporting
After notice and public hearing, the commissioner may provide for alternative reporting in the form of sampling of the required closed claim data instead of ...
- Texas Insurance Code Section 38.159 - Compilation Of Data; Report
The department shall compile the data included in individual closed claim reports and summary closed claim reports into a composite form and shall prepare annually ...
- Texas Insurance Code Section 38.160 - Electronic Database
The commissioner may: (1) establish an electronic database composed of reports filed with the department under this subchapter; (2) provide the public with access to ...
- Texas Insurance Code Section 38.161 - Report To Legislature
(a) The department shall submit copies of the report required by Section 38.159 to the presiding officers of each house of the legislature. (b) The ...
- Texas Insurance Code Section 38.162 - Information Confidential
(a) Information included in an individual closed claim report or an individual summary closed claim report submitted by an insurer under this subchapter is confidential ...
- Texas Insurance Code Section 38.163 - Rules And Forms
The commissioner may adopt necessary rules to: (1) implement this subchapter; (2) define terminology, criteria, content, and other matters relating to the reports required under ...
- Texas Insurance Code Section 38.201 - Definition
In this subchapter, "designated statistical agent" means an organization designated or contracted with by the commissioner under Section 38.202. Added by Acts 1999, 76th Leg., ...
- Texas Insurance Code Section 38.202 - Statistical Agent
The commissioner may, for a line or subline of insurance, designate or contract with a qualified organization to serve as the statistical agent for the ...
- Texas Insurance Code Section 38.203 - Qualifications Of Statistical Agent
To qualify as a statistical agent, an organization must demonstrate at least five years of experience in data collection, data maintenance, data quality control, accounting, ...
- Texas Insurance Code Section 38.204 - Powers And Duties Of Statistical Agent
(a) A designated statistical agent shall collect data from reporting insurers under a statistical plan adopted by the commissioner. (b) The statistical agent may provide ...
- Texas Insurance Code Section 38.205 - Duty Of Insurer
An insurer shall provide all premium and loss cost data to the commissioner or the designated statistical agent as the commissioner or agent requires. Added ...
- Texas Insurance Code Section 38.206 - Fees
(a) A designated statistical agent may collect from a reporting insurer any fees necessary for the agent to recover the necessary and reasonable costs of ...
- Texas Insurance Code Section 38.207 - Rules
The commissioner may adopt rules necessary to accomplish the purposes of this subchapter. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. ...
- Texas Insurance Code Section 38.251 - Applicability
This subchapter applies to any issuer of a health benefit plan that is subject to this code that provides benefits for medical or surgical expenses ...
- Texas Insurance Code Section 38.252 - Collection Of Information; Report
(a) The commissioner shall require a health benefit plan issuer to collect and report cost and utilization data for each mandated health benefit and mandated ...
- Texas Insurance Code Section 38.253 - Maintenance Of Information
Each health benefit plan issuer shall maintain at its principal place of business all data collected pursuant to this subchapter, including information and supporting documentation ...
- Texas Insurance Code Section 38.254 - Utilization And Cost Data To Commissioner
(a) Upon request from the commissioner, the Texas Health and Human Services Commission shall provide to the commissioner data, including utilization and cost data, which ...
- Texas Insurance Code Section 38.301 - Insurer Data Reporting
(a) Each insurer that writes professional liability insurance policies for nursing institutions licensed under Chapter 242, Health and Safety Code, including an insurer whose rates ...
- Texas Insurance Code Section 38.302 - Recommendations To Legislature
The commissioner shall assemble information and take other appropriate measures to assess and evaluate changes in the marketplace resulting from the implementation of the legislation ...
- Texas Insurance Code Section 39.001 - Access To Programs And Facilities
(a) The commissioner shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access ...
- Texas Insurance Code Section 39.002 - Public Comment
The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any ...
- Texas Insurance Code Section 39.003 - Public Representation On Advisory Body
(a) At least one-half of the membership of each advisory body appointed by the commissioner, other than an advisory body whose membership is determined by ...
- Texas Insurance Code Section 40.001 - Definition
In this chapter, "office" means the State Office of Administrative Hearings. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999. ...
- Texas Insurance Code Section 40.002 - Duties Of State Office Of Administrative Hearings
The office shall conduct an administrative hearing required to be held or that may be held under this code or another insurance law of this ...
- Texas Insurance Code Section 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 ...
- Texas Insurance Code Section 40.004 - Memorandum Of Understanding
(a) The commissioner and the chief administrative law judge of the office by rule shall adopt a memorandum of understanding governing hearings conducted by the ...
- Texas Insurance Code Section 40.005 - Conflict With Other Law
This chapter prevails over another provision of this code or another insurance law of this state unless the provision or other law states that this ...
- Texas Insurance Code Section 40.051 - Application Of Subchapter
Subject to Section 40.003, a proceeding to promulgate rates is governed by this subchapter. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. ...
- Texas Insurance Code Section 40.052 - Application Of Administrative Procedure Act
A proceeding to promulgate rates is a contested case under Chapter 2001, Government Code, and to the extent not inconsistent with this subchapter, that chapter ...
- Texas Insurance Code Section 40.053 - Presentation Of Evidence
The administrative law judge shall provide each interested party an opportunity to respond to and present evidence and argument concerning all issues in the proceeding. ...
- Texas Insurance Code Section 40.054 - Witnesses And Cross-Examination
(a) The testimony of a witness, other than an expert witness, may be presented either orally by the witness at the hearing or by affidavit. ...
- Texas Insurance Code Section 40.055 - Testimony Of Expert Witness; Prefiling Required
The direct testimony of each expert witness to be called must be prefiled in accordance with a schedule established by the administrative law judge. Added ...
- Texas Insurance Code Section 40.056 - Deadlines
The administrative law judge shall establish reasonable deadlines for the filing of affidavits, the designation of witnesses, and other matters as are necessary or appropriate. ...
- Texas Insurance Code Section 40.057 - Influence Of Commissioner Prohibited
The commissioner may not attempt to influence the administrative law judge's findings of fact, conclusions of law, or application of the law to the facts. ...
- Texas Insurance Code Section 40.058 - Proposal For Decision
The administrative law judge shall: (1) prepare a proposal for decision that includes proposed findings of fact and conclusions of law; and (2) serve the ...
- Texas Insurance Code Section 40.059 - Consideration Of Proposal For Decision
(a) The commissioner shall provide to each party an opportunity to file exceptions to the proposal for decision and briefs related to the issues addressed ...
- Texas Insurance Code Section 40.060 - Commissioner's Order
The commissioner shall serve on each party a copy of the commissioner's order, including the commissioner's findings of fact and conclusions of law. Added by ...
- Texas Insurance Code Section 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 ...
- Texas Insurance Code Section 81.002 - Notice Of Certain Orders And Decisions
Notwithstanding Section 2001.142, Government Code, in a contested case before the department or the commissioner the department shall mail to each party and the party's ...
- Texas Insurance Code Section 81.003 - Notification Of Certain Disciplinary Actions Occurring In Other States; Civil Penalty
(a) In this section, "insurer" means any organization, corporation, or other person that transacts insurance business, other than an organization, corporation, or other person that ...
- Texas Insurance Code Section 81.004 - Report To Attorney General
The department shall report to the attorney general, promptly and in detail, any violation of law relating to insurance companies or the business of insurance. ...
- Texas Insurance Code Section 82.001 - Definition
In this chapter, "authorization" means a permit, license, certificate of authority, certificate of registration, or other authorization issued or existing under the commissioner's authority or ...
- Texas Insurance Code Section 82.002 - Application Of Chapter
(a) This chapter applies to each company regulated by the commissioner, including: (1) a domestic or foreign, stock or mutual, life, health, or accident insurance ...
- Texas Insurance Code Section 82.003 - Proceedings Under Other Law
The commissioner's authority under this chapter is in addition to any other authority to enforce a sanction, penalty, fine, forfeiture, denial, suspension, or revocation otherwise ...
- Texas Insurance Code Section 82.051 - Cancellation Or Revocation Of Authorization
After notice and opportunity for a hearing, the commissioner may cancel or revoke an authorization if the holder of the authorization is found to be ...
- Texas Insurance Code Section 82.052 - Other Sanctions
In addition to the cancellation or revocation of an authorization under Section 82.051, the commissioner may: (1) suspend the authorization for a specified time not ...
- Texas Insurance Code Section 82.053 - Restitution
(a) The commissioner may direct the holder of an authorization to make complete restitution to each Texas resident, each Texas insured, and each entity operating ...
- Texas Insurance Code Section 82.054 - Cancellation On Failure To Comply
If it is found after hearing that a holder of an authorization has failed to comply with an order issued under Section 82.052, the commissioner ...
- Texas Insurance Code Section 82.055 - Informal Disposition
(a) The commissioner may informally dispose of a matter under this subchapter by consent order, agreed settlement, stipulation, or default. (b) An informal disposition may ...
- Texas Insurance Code Section 82.056 - Notice To Other States
The commissioner shall give notice of an action taken under this subchapter to the insurance commissioner or other similar officer of each state. Added by ...
- Texas Insurance Code Section 83.001 - Definitions
In this chapter: (1) "Authorized person" means an individual or entity described by Section 83.002. (2) "Emergency" means a sudden, urgent occurrence that requires immediate ...
- Texas Insurance Code Section 83.002 - Application Of Chapter
(a) This chapter applies to each company regulated by the commissioner, including: (1) a domestic or foreign, stock or mutual, life, health, or accident insurance ...
- Texas Insurance Code Section 83.003 - Rules
The commissioner may adopt reasonable rules to implement this chapter, including rules that provide, to the extent possible, uniformity of procedures between this state and ...
- Texas Insurance Code Section 83.004 - Proceedings Under Other Law
The commissioner may proceed solely under this chapter or under this chapter in conjunction with other applicable law. Added by Acts 1999, 76th Leg., ch. ...
- Texas Insurance Code Section 83.051 - Authority Of Commissioner To Issue Order
(a) The commissioner ex parte may issue an emergency cease and desist order if: (1) the commissioner believes that: (A) an authorized person engaging in ...
- Texas Insurance Code Section 83.052 - Notice
(a) On issuance of an order under Section 83.051, the commissioner shall serve on the affected person an order that: (1) contains a statement of ...
- Texas Insurance Code Section 83.053 - Request For Hearing
(a) A person affected by an order is entitled to request a hearing to contest the order. (b) The affected person must request the hearing ...
- Texas Insurance Code Section 83.054 - Hearing
(a) On receiving a request for a hearing under Section 83.053, the commissioner shall serve notice of the time and place of the hearing. (b) ...
- Texas Insurance Code Section 83.055 - Effect Of Order Pending Hearing
Pending a hearing under this subchapter, an order continues in effect unless the order is stayed by the commissioner. Added by Acts 1999, 76th Leg., ...
- Texas Insurance Code Section 83.101 - Authority Of Commissioner
If the commissioner reasonably believes that a person has violated an order issued under this chapter, the commissioner may: (1) initiate proceedings under this subchapter ...
- Texas Insurance Code Section 83.102 - Determination Of Violation
In determining whether an order has been violated, the commissioner shall consider the maintenance of procedures reasonably adopted to ensure compliance with the order. Added ...
- Texas Insurance Code Section 83.103 - Hearing On Administrative Penalty
(a) If the commissioner pursues action to impose an administrative penalty under Section 83.101(1), the commissioner shall serve on the person notice of the time ...
- Texas Insurance Code Section 83.104 - Imposition Of Administrative Penalty; Restitution
(a) After a hearing, if the commissioner determines that an order has been violated, the commissioner may: (1) impose an administrative penalty of $25,000 for ...
- Texas Insurance Code Section 83.105 - Failure To Pay Penalty
If a person fails to pay a penalty assessed under this subchapter, the commissioner may: (1) refer the matter to the attorney general for enforcement; ...
- Texas Insurance Code Section 83.151 - Appeal
A person affected by an order of the commissioner under Section 83.051 or 83.104 may appeal the order by filing suit in a district court ...
- Texas Insurance Code Section 83.152 - Effect Of Petition On Order Or Related Decision
A petition for appeal filed under Section 83.151 does not stay or vacate an order or a decision made under Subchapter B unless the court, ...
- Texas Insurance Code Section 83.153 - Judicial Action For Enforcement Of Order; Attorney's Fees
The department may recover reasonable attorney's fees if judicial action is necessary to enforce an order issued under Section 83.051 or 83.104. Added by Acts ...
- Texas Insurance Code Section 84.001 - Definition
In this chapter, "person" means an individual, corporation, trust, partnership, association, or any other legal entity. Added by Acts 1999, 76th Leg., ch. 101, § ...
- Texas Insurance Code Section 84.002 - Application Of Chapter To Administrative Penalty
(a) This chapter applies to each monetary penalty the department or commissioner imposes under this code or another insurance law of this state. (b) For ...
- Texas Insurance Code Section 84.003 - Application Of Administrative Procedure Act
A proceeding under this chapter is subject to Chapter 2001, Government Code. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, ...
- Texas Insurance Code Section 84.021 - Imposition Of Penalty
The commissioner may impose an administrative penalty on a person licensed or regulated under this code or another insurance law of this state who violates: ...
- Texas Insurance Code Section 84.022 - Penalty Amount
(a) The penalty for a violation may not exceed $25,000, unless a greater or lesser penalty is specified by this code or another insurance law ...
- Texas Insurance Code Section 84.041 - Report And Notice Of Violation And Penalty
(a) If the department determines that a violation has occurred, the department may issue to the commissioner a report that states the facts on which ...
- Texas Insurance Code Section 84.042 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice, the person, in writing, may: (1) accept the department's determination ...
- Texas Insurance Code Section 84.043 - Hearing And Decision
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the department shall set a hearing and ...
- Texas Insurance Code Section 84.044 - Decision By Commissioner
(a) Based on the findings of fact, conclusions of law, and proposal for decision, the commissioner by order may: (1) find that a violation occurred ...
- Texas Insurance Code Section 84.045 - Options Following Decision: Pay Or Appeal
Not later than the 30th day after the date the commissioner's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file ...
- Texas Insurance Code Section 84.046 - Stay Of Enforcement Of Penalty
(a) A person who files a petition for judicial review without paying the administrative penalty may, within the 30-day period prescribed by Section 84.045: (1) ...
- Texas Insurance Code Section 84.047 - Collection Of Penalty
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the commissioner may refer the matter to ...
- Texas Insurance Code Section 84.048 - Standard Of Judicial Review
The order of the commissioner is subject to judicial review under the substantial evidence rule. Added by Acts 1999, 76th Leg., ch. 101, § 1, ...
- Texas Insurance Code Section 84.049 - Decision By Court
(a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order ...
- Texas Insurance Code Section 84.050 - Remittance Of Penalty And Interest
(a) If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the ...
- Texas Insurance Code Section 84.051 - Release Of Bond
(a) If the person gave a supersedeas bond and if the administrative penalty is not upheld by the court, the court shall order, when the ...
- Texas Insurance Code Section 85.001 - Violation Of Certain Laws For Which Punishment Is Not Provided; Offense
(a) A person commits an offense if the person violates a law of this state regulating the business of life, fire, or marine insurance. (b) ...
- Texas Insurance Code Section 85.051 - Venue For Prosecution
(a) A person who violates the Penal Code or a penal provision of this code while engaged in the business of insurance may be prosecuted ...
- Texas Insurance Code Section 85.052 - Election Of Prosecution
A person who commits an offense under this code may be prosecuted under this code or any other law of this state under which the ...
- Texas Insurance Code Section 86.001 - Authority To Revoke Or Modify Certificate Of Authority
Text of section effective April 1, 2007 The commissioner may revoke or modify a certificate of authority if a condition or requirement prescribed by ...
- Texas Insurance Code Section 86.002 - Notice Of Intent To Revoke Or Modify Certificate Of Authority
Text of section effective April 1, 2007 (a) The commissioner must notify an insurance carrier in writing of the commissioner's intent to revoke or modify ...
- Texas Insurance Code Section 86.051 - Authority To Bring Action For Or Prosecute Violation Of Law
Text of section effective April 1, 2007 The department, through the attorney general or an attorney designated by the attorney general, may institute an ...
- Texas Insurance Code Section 86.052 - Authority To Bring Action To Close Affairs Or Restrain Business Of Domestic Insurance Company
Text of section effective April 1, 2007 Only the department may bring an action to: (1) close the affairs of an insurance company organized under ...
- Texas Insurance Code Section 101.001 - State Policy And Purpose
(a) It is a state concern that many residents of this state hold insurance policies issued by persons or insurers who are not authorized to ...
- Texas Insurance Code Section 101.002 - Definitions
In this chapter: (1) "Insurer" includes: (A) a corporation, association, partnership, or individual engaged as a principal in the business of insurance; (B) an interinsurance ...
- Texas Insurance Code Section 101.003 - Insurance Exchanges And Syndicates; Rules
The commissioner shall adopt rules defining insurance exchanges and syndicates that are insurers for purposes of Section 101.002. Added by Acts 1999, 76th Leg., ch. ...
- Texas Insurance Code Section 101.004 - Unconstitutional Application Prohibited; Notice To Commissioner
(a) Subject to Subsection (b), this chapter does not apply to an insurer or other person to whom, under the constitution or statutes of the ...
- Texas Insurance Code Section 101.051 - Conduct That Constitutes The Business Of Insurance
(a) In this section, "medical expense" includes surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses. (b) The following ...
- Texas Insurance Code Section 101.052 - Advertising Relating To Medicare Supplement Policies
With respect to a Medicare supplement policy authorized under Article 3.74, the business of insurance in this state includes using, creating, publishing, mailing, or disseminating ...
- Texas Insurance Code Section 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 ...
- Texas Insurance Code Section 101.054 - Exception; Full-Time Salaried Employee
Section 101.051(b)(6) does not prohibit a full-time salaried employee of a corporate insured from acting as an insurance manager or buyer in placing insurance on ...
- Texas Insurance Code Section 101.055 - Exception; Certain Entities That Reimburse Medical Expenses
(a) Section 101.051(b)(7) does not apply to: (1) a program otherwise authorized by law that is established: (A) by a political subdivision of this state; ...
- Texas Insurance Code Section 101.101 - Definition
In this subchapter, "person" means an individual or entity that is a person for purposes of Section 2(a), Article 21.21. Added by Acts 1999, 76th ...
- Texas Insurance Code Section 101.102 - Unauthorized Insurance Prohibited
(a) A person, including an insurer, may not directly or indirectly do an act that constitutes the business of insurance under this chapter except as ...
- Texas Insurance Code Section 101.103 - Powers Of Commissioner; Remedies For Certain Conduct
(a) If the commissioner has reason to believe a person, including an insurer, has violated or is threatening to violate this chapter or Chapter 226 ...
- Texas Insurance Code Section 101.104 - Request For Information
If the commissioner has reason to believe that a person, including an insurer, is performing an act described by Section 101.051 or 101.052, the person ...
- Texas Insurance Code Section 101.105 - Civil Penalty; Injunctive Relief
(a) A person or entity, including an insurer, that violates this chapter or Chapter 226 is subject to a civil penalty of not more than ...
- Texas Insurance Code Section 101.106 - Criminal Penalty
(a) A person, including an insurer, who intentionally, knowingly, or recklessly violates Section 101.102 commits an offense. (b) An offense under this section is a ...
- Texas Insurance Code Section 101.151 - Powers Of Commissioner; Notice Of Hearing
(a) The commissioner may set a hearing on whether to issue a cease and desist order under Section 101.153 if the commissioner has reason to ...
- Texas Insurance Code Section 101.152 - Hearing
(a) Except as agreed by the parties with prior written approval of the commissioner, a hearing under this subchapter must be held not earlier than ...
- Texas Insurance Code Section 101.153 - Cease And Desist Order
After a hearing held under this subchapter, the commissioner may issue against the insurer or person charged with a violation an order that requires that ...
- Texas Insurance Code Section 101.154 - Enforcement; Referral To Attorney General
The commissioner may refer the matter to the attorney general for enforcement if the commissioner has reason to believe that an insurer or person has: ...
- Texas Insurance Code Section 101.155 - Effect Of Prior Proceedings
The commissioner and department may proceed under this chapter or any other applicable law without regard to prior proceedings. Added by Acts 1999, 76th Leg., ...
- Texas Insurance Code Section 101.156 - Rules
The commissioner may adopt reasonable rules necessary to implement this subchapter. Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999. ...
- Texas Insurance Code Section 101.201 - Validity Of Insurance Contracts
(a) An insurance contract effective in this state and entered into by an unauthorized insurer is unenforceable by the insurer. A person who in any ...
- Texas Insurance Code Section 101.202 - Attorney's Fees
(a) In an action against an unauthorized insurer or unauthorized person on a contract of insurance issued or delivered in this state to a resident ...
- Texas Insurance Code Section 101.203 - Investigation And Disclosure
(a) If the commissioner has reason to believe that insurance has been effectuated by or for a person in this state with an unauthorized insurer, ...
- Texas Insurance Code Section 101.301 - Reporting Required
(a) A person investigating or adjusting a loss or claim on a subject of insurance in this state shall immediately report to the department an ...
- Texas Insurance Code Section 101.351 - Definitions
(a) In this subchapter, "court proceeding" includes an action or suit. (b) The definition of "state" assigned by Section 311. 005, Government Code, does not ...
- Texas Insurance Code Section 101.352 - Applicability
This subchapter applies only to a court or administrative proceeding against an unauthorized person or insurer in which the person or insurer was served under ...
- Texas Insurance Code Section 101.353 - Bond Requirement For Court Proceeding
(a) Except as provided by Subsection (c), before an unauthorized person or insurer may file a pleading in a court proceeding to which this subchapter ...
- Texas Insurance Code Section 101.354 - Bond Requirement For Administrative Proceeding
(a) Except as provided by Subsection (c), before an unauthorized person or insurer may file a pleading in an administrative proceeding of the department to ...
- Texas Insurance Code Section 101.355 - Postponement
A court or the commissioner may order any postponement necessary to afford an unauthorized person or insurer a reasonable opportunity to: (1) comply with Section ...
- Texas Insurance Code Section 101.356 - Motion To Quash
Sections 101.353 and 101.354 do not prevent an unauthorized person or insurer from filing a motion to quash a writ or to set aside service ...
- Texas Insurance Code Section 102.001 - Definitions
In this chapter: (1) "Charitable gift annuity" means an annuity: (A) that is payable over the lives of one or two individuals; (B) that is ...
- Texas Insurance Code Section 102.002 - Qualified Charitable Gift Annuity
A charitable gift annuity is a qualified charitable gift annuity for purposes of this chapter if it was issued before September 1, 1995, or if ...
- Texas Insurance Code Section 102.051 - Not Insurance; Effect Of Certain Laws
The issuance of a qualified charitable gift annuity: (1) does not constitute engaging in the business of insurance in this state; (2) does not violate ...
- Texas Insurance Code Section 102.101 - Notice To Donor
(a) A charitable organization that issues a qualified charitable gift annuity shall give to the donor, at the time an agreement for a qualified charitable ...
- Texas Insurance Code Section 102.102 - Notice To Department
(a) A charitable organization that issues qualified charitable gift annuities shall notify the department's annuities division in writing not later than the date on which ...
- Texas Insurance Code Section 102.103 - Effect On Annuity Of Failure To Provide Notice
A charitable gift annuity that otherwise meets the requirements of Section 102.002 is a qualified charitable gift annuity without regard to whether the charitable organization ...
- Texas Insurance Code Section 102.104 - Enforcement Of Notice Requirements
(a) The commissioner may enforce the notice requirements of this subchapter by sending by certified mail, return receipt requested, a letter demanding that the charitable ...
- Texas Insurance Code Section 102.151 - Immunity
Any person or entity involved in the issuance of a qualified charitable gift annuity shall have immunity from suit, including both a defense to liability ...
- Texas Insurance Code Section 102.152 - Treatment Of Annuity As Charitable Gift Annuity; Estoppel
In any litigation or other proceeding brought by or on behalf of a donor or the donor's heirs or distributees, an annuity that the donor ...
- Texas Insurance Code Section 201.001 - Texas Department Of Insurance Operating Account
(a) The Texas Department of Insurance operating account is an account in the general revenue fund. The account includes the following: (1) taxes and fees ...
- Texas Insurance Code Section 201.002 - Accounting Procedure
The commissioner shall maintain a procedure to account for the receipt, disbursement, and allocation of money deposited in the Texas Department of Insurance operating account, ...
- Texas Insurance Code Section 201.003 - Refunds
If the department determines that a person, firm, or corporation through mistake of law or fact erroneously paid or overpaid a fee or other amount ...
- Texas Insurance Code Section 201.004 - Electronic Transfers
(a) The commissioner shall adopt rules for the electronic transfer of any fee, guarantee fund, or other money owed to or held for the benefit ...
- Texas Insurance Code Section 201.005 - Transfer Of Securities
(a) A transfer by the department of any security that is held in any way by the department is not valid unless the transfer is ...
- Texas Insurance Code Section 201.051 - Powers And Duties Of Comptroller
(a) Except as otherwise provided by this code or another insurance law of this state, the comptroller shall administer and enforce the provisions of this ...
- Texas Insurance Code Section 201.052 - Reimbursement
(a) The department shall reimburse the appropriate portion of the general revenue fund for the amount of expenses incurred by the comptroller in administering taxes ...
- Texas Insurance Code Section 201.053 - Cooperation Between Department And Comptroller
The commissioner and the comptroller shall cooperate fully in performing their respective duties under this code or another insurance law of this state. Added by ...
- Texas Insurance Code Section 201.054 - Information Sharing; Federal Identification Numbers
(a) The department shall comply with each reasonable request from the comptroller relating to the sharing of information gathered or compiled in connection with functions ...
- Texas Insurance Code Section 201.055 - Filing Date Of Report Or Payment Delivered By Postal Service
Except as otherwise specifically provided, for a report, including a tax report, or payment that is required to be filed or made in the offices ...
- Texas Insurance Code Section 202.001 - Applicability Of Chapter
Except as provided by Section 202.052, the insurers that are subject to a fee imposed under this chapter include: (1) stock insurance companies; (2) mutual ...
- Texas Insurance Code Section 202.002 - Determination Of Fees
The department shall, subject to the limits established by this chapter, set the amount of the fees imposed under this chapter. Added by Acts 2003, ...
- Texas Insurance Code Section 202.003 - Fees For Copies
(a) The department shall set and collect a fee for copying any paper of record with the department. The fee shall be set in an ...
- Texas Insurance Code Section 202.004 - Reduced Fees For Certain Insurers
An insurer to which this chapter applies that had gross premium receipts of less than $450,000, according to the insurer's annual statement for the preceding ...
- Texas Insurance Code Section 202.051 - General Fees Imposed On Insurers
The department shall impose and receive fees for the use of the state from each authorized insurer writing insurance in this state. The amount of ...
- Texas Insurance Code Section 202.052 - Fees Imposed On Certain Insurers
(a) The department shall impose and the comptroller shall collect fees for the use of the state from each authorized insurer writing a class of ...
- Texas Insurance Code Section 202.101 - Deposit And Use Of Fees Generally
Amounts collected under Section 202.051: (1) shall be deposited to the credit of the Texas Department of Insurance operating account; and (2) may be appropriated ...
- Texas Insurance Code Section 202.102 - Deposit And Use Of Certain Other Fees
Amounts collected by the comptroller under Section 202.052: (1) shall be deposited to the credit of the general revenue fund; and (2) are available for ...
- Texas Insurance Code Section 203.001 - Limitation On Certain Additional Taxes
(a) This section applies to: (1) an insurer authorized to engage in the business of insurance in this state other than an eligible surplus lines ...
- Texas Insurance Code Section 203.002 - Tax Payment Required For Certain Certificates; Unreported Gross Premium Receipts
(a) A Life Insurance Company May not receive a certificate of authority to engage in the business of insurance in this state until all taxes ...
- Texas Insurance Code Section 221.001 - Applicability Of Chapter
(a) This chapter applies to an insurer, organization, or concern that receives gross premiums subject to taxation under Section 221.002, including a reciprocal or interinsurance ...
- Texas Insurance Code Section 221.002 - Tax Imposed; Rate
(a) An annual tax is imposed on each insurer that receives gross premiums subject to taxation under this section. The rate of the tax is ...
- Texas Insurance Code Section 221.003 - Tax Due Dates
(a) The total tax imposed by this chapter is due and payable not later than March 1 after the end of the calendar year for ...
- Texas Insurance Code Section 221.004 - Tax Report
(a) An insurer liable for the tax imposed by this chapter must file annually with the comptroller a tax report on a form prescribed by ...
- Texas Insurance Code Section 221.005 - Change In Due Dates
(a) The comptroller by rule may change the dates for reporting and paying taxes under this chapter to improve operating efficiencies within the agency. (b) ...
- Texas Insurance Code Section 221.006 - Credit For Fees Paid
(a) An insurer is entitled to a credit on the amount of tax due under this chapter for all examination and evaluation fees paid to ...
- Texas Insurance Code Section 221.007 - Failure To Pay Taxes
An insurer that fails to pay all taxes imposed by this chapter is subject to Section 203.002. Added by Acts 2003, 78th Leg., ch. 1274, ...
- Texas Insurance Code Section 222.001 - Applicability Of Chapter
(a) This chapter applies to any insurer, including a group hospital service corporation, any health maintenance organization, and any managed care organization that receives gross ...
- Texas Insurance Code Section 222.002 - Tax Imposed
(a) An annual tax is imposed on: (1) each insurer that receives gross premiums subject to taxation under this section; and (2) each health maintenance ...
- Texas Insurance Code Section 222.003 - Tax Rates
(a) Except as provided by Subsection (b), the rate of the tax imposed by this chapter on an insurer is 1.75 percent of the insurer's ...
- Texas Insurance Code Section 222.004 - Tax Due Dates
(a) The total tax imposed by this chapter is due and payable not later than: (1) March 1 after the end of the calendar year ...
- Texas Insurance Code Section 222.005 - Tax Report
(a) An insurer or health maintenance organization liable for the tax imposed by this chapter must file annually with the comptroller a tax report on ...
- Texas Insurance Code Section 222.006 - Change In Due Dates
(a) The comptroller by rule may change the dates for reporting and paying taxes under this chapter to improve operating efficiencies within the agency. (b) ...
- Texas Insurance Code Section 222.007 - Credit For Fees Paid
(a) An insurer or health maintenance organization is entitled to a credit on the amount of tax due under this chapter for all examination and ...
- Texas Insurance Code Section 222.008 - Failure To Pay Taxes
An insurer or health maintenance organization that fails to pay all taxes imposed by this chapter is subject to Section 203.002. Added by Acts 2003, ...
- Texas Insurance Code Section 223.001 - Applicability Of Certain Definitions
In this chapter, a term defined by Chapter 2501 has the meaning assigned by that chapter. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 223.002 - Applicability Of Chapter
This chapter applies to a title insurance company that receives premiums subject to taxation under Section 223.003. Added by Acts 2003, 78th Leg., ch. 1274, ...
- Texas Insurance Code Section 223.003 - Tax Imposed
(a) An annual tax is imposed on each title insurance company that receives premiums from the business of title insurance. The rate of the tax ...
- Texas Insurance Code Section 223.004 - Limitation On Certain Additional Taxes
(a) Except as otherwise provided by this code or the Labor Code, a title insurance company or title insurance agent subject to the tax imposed ...
- Texas Insurance Code Section 223.005 - Premiums Paid To Title Insurance Agent
(a) Premiums received from the business of title insurance are subject to the tax under this chapter regardless of whether paid to a title insurance ...
- Texas Insurance Code Section 223.006 - Tax Due Dates
(a) The total tax imposed by this chapter is due and payable not later than: (1) March 1 after the end of the calendar year ...
- Texas Insurance Code Section 223.007 - Tax Reports
(a) A title insurance company liable for the tax imposed by this chapter must file annually with the comptroller a tax report on a form ...
- Texas Insurance Code Section 223.008 - Rules
(a) The commissioner or the comptroller, as appropriate, may adopt fair and reasonable rules, minimum standards, and limitations as appropriate to augment and implement this ...
- Texas Insurance Code Section 223.009 - Credit For Fees Paid
(a) A title insurance company is entitled to a credit on the amount of tax due under this chapter for all examination and evaluation fees ...
- Texas Insurance Code Section 223.010 - Failure To Pay Taxes
A title insurance company that fails to pay all taxes imposed by this chapter is subject to Section 203.002. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 223.011 - Disposition Of Revenue
Chapter 227 applies to the disposition of the revenue from the tax imposed by this chapter. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 224.001 - Applicability Of Chapter
This chapter applies to a reciprocal or interinsurance exchange that has a certificate of authority to engage in business in this state. Added by Acts ...
- Texas Insurance Code Section 224.002 - Tax Imposed; Rate
(a) An annual tax is imposed on each reciprocal or interinsurance exchange that: (1) does not file an election to be subject to the tax ...
- Texas Insurance Code Section 224.003 - Taxation Election
(a) A reciprocal or interinsurance exchange may elect to be subject to the tax imposed by Chapter 221. (b) A reciprocal or interinsurance exchange that ...
- Texas Insurance Code Section 225.001 - Definition
In this chapter, "premium" includes: (1) a premium; (2) a membership fee; (3) an assessment; (4) dues; and (5) any other consideration for surplus lines ...
- Texas Insurance Code Section 225.002 - Applicability Of Chapter
This chapter applies to a surplus lines agent who collects gross premiums for surplus lines insurance. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 225.003 - Applicability Of General Provisions Of Other Law
The provisions of Chapter 981, including provisions relating to the applicability and enforcement of that chapter, rulemaking authority under that chapter, and definitions of terms ...
- Texas Insurance Code Section 225.004 - Tax Imposed; Rate
(a) A tax is imposed on gross premiums for surplus lines insurance. The rate of the tax is 4.85 percent of the gross premiums. (b) ...
- Texas Insurance Code Section 225.005 - Tax Exclusive
The tax imposed by this chapter is in lieu of all other insurance taxes. Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. ...
- Texas Insurance Code Section 225.006 - Collection Of Tax By Agent
The surplus lines agent shall collect from the insured the tax imposed by this chapter at the time of delivery of the cover note, certificate ...
- Texas Insurance Code Section 225.007 - Collected Taxes Held In Trust
A surplus lines agent holds taxes collected under this chapter in trust. Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, ...
- Texas Insurance Code Section 225.008 - Tax Payment, Report, And Due Date
(a) The tax imposed by this chapter is due and payable on or before March 1. A surplus lines agent shall file a tax report ...
- Texas Insurance Code Section 225.009 - Prepayment Of Tax
(a) A surplus lines agent shall prepay the tax imposed by this chapter when the amount of the accrued taxes due is equal to at ...
- Texas Insurance Code Section 225.010 - Tax Absorption And Rebates Prohibited
(a) A surplus lines agent may not absorb the tax imposed by this chapter. (b) A surplus lines agent may not rebate all or part ...
- Texas Insurance Code Section 225.011 - Canceled Or Rewritten Insurance Contract
If a surplus lines insurance contract is canceled and rewritten, the additional premium for purposes of the tax imposed by this chapter is the premium ...
- Texas Insurance Code Section 225.012 - State As Preferred Creditor
If the property of a surplus lines agent is seized as the result of an intermediate or final decision of a court in this state, ...
- Texas Insurance Code Section 225.013 - Failure To Pay Taxes; Criminal Penalty
(a) A surplus lines agent who does not pay the tax imposed by this chapter on or before the due date required by this chapter ...
- Texas Insurance Code Section 226.001 - Definitions
In this subchapter: (1) "Insurer" has the meaning assigned by Section 101.002 and includes: (A) an insurer that does not hold a certificate of authority ...
- Texas Insurance Code Section 226.002 - Applicability Of Subchapter
This subchapter applies to an insurer who charges gross premiums for insurance on a subject resident, located, or to be performed in this state. Added ...
- Texas Insurance Code Section 226.003 - Tax Imposed; Rate
(a) A tax is imposed on each insurer that charges gross premiums subject to taxation under this section. The rate of the tax is 4.85 ...
- Texas Insurance Code Section 226.004 - Tax Exclusive
The tax imposed by this subchapter is in lieu of all other insurance taxes. Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. ...
- Texas Insurance Code Section 226.005 - Tax Payment; Due Date
(a) The tax imposed by this subchapter is due and payable not later than: (1) March 1 after the end of the calendar year in ...
- Texas Insurance Code Section 226.051 - Definition
In this subchapter, "premium" includes any consideration for insurance, including: (1) a premium; (2) a membership fee; or (3) dues. Added by Acts 2003, 78th ...
- Texas Insurance Code Section 226.052 - Applicability Of Subchapter
This subchapter applies to an insured who procures an insurance contract in accordance with Section 101.053(b)(4). Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 226.053 - Tax Imposed; Rate
(a) A tax is imposed on each insured at the rate of 4.85 percent of the premium paid for the insurance contract procured in accordance ...
- Texas Insurance Code Section 226.054 - Tax Payment By Certain Insureds
(a) Except as provided by Section 226.055, the tax imposed by this subchapter is due and payable not later than: (1) May 15 after the ...
- Texas Insurance Code Section 226.055 - Tax Payment By Certain Corporations
The amount of tax due and payable under this subchapter by a corporation that files a franchise tax report shall be reported directly to the ...
- Texas Insurance Code Section 226.056 - Effect On Other Law
Sections 226.051-226.054 do not abrogate or modify any other provision of this chapter or Chapter 101. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 227.001 - Disposition Of Tax Proceeds
(a) The proceeds of the taxes imposed under Chapter 221, 222, 224, or 226 shall be deposited to the credit of the general revenue fund. ...
- Texas Insurance Code Section 251.001 - Determining Rate Of Assessment
(a) The commissioner shall annually determine the rate of assessment of each maintenance tax imposed under this subtitle. (b) In determining the rate of assessment, ...
- Texas Insurance Code Section 251.002 - Duty To Advise Comptroller Of Rate
The commissioner shall advise the comptroller of the applicable rate of assessment of a maintenance tax not later than the 45th day before the due ...
- Texas Insurance Code Section 251.003 - Effect Of Late Advisement Of Rate
(a) Except as provided by Subsection (b), if the commissioner does not advise the comptroller of the applicable rate of assessment of a maintenance tax ...
- Texas Insurance Code Section 251.004 - Deposit Of Maintenance Taxes
Maintenance taxes collected under this subtitle shall be deposited in the general revenue fund and reallocated to the Texas Department of Insurance operating account. Added ...
- Texas Insurance Code Section 252.001 - Maintenance Tax Imposed
A maintenance tax is imposed on each authorized insurer with gross premiums subject to taxation under Section 252.003. The tax required by this chapter is ...
- Texas Insurance Code Section 252.002 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed 1.25 percent of the gross premiums subject to taxation under Section 252.003. (b) ...
- Texas Insurance Code Section 252.003 - Premiums Subject To Taxation
An insurer shall pay maintenance taxes under this chapter on the correctly reported gross premiums collected from writing insurance in this state against loss or ...
- Texas Insurance Code Section 252.004 - Maintenance Tax Due Dates
(a) The insurer shall pay the maintenance tax annually or semiannually, as determined by the comptroller. (b) The comptroller may require semiannual or other periodic ...
- Texas Insurance Code Section 252.005 - Exception
Text of section effective April 1, 2007 This chapter does not apply to: (1) a farm mutual insurance company operating under Chapter 911; or ...
- Texas Insurance Code Section 253.001 - Maintenance Tax Imposed
A maintenance tax is imposed on each authorized insurer with gross premiums subject to taxation under Section 253.003. The tax required by this chapter is ...
- Texas Insurance Code Section 253.002 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed 0.4 percent of the gross premiums subject to taxation under Section 253.003. (b) ...
- Texas Insurance Code Section 253.003 - Premiums Subject To Taxation
An insurer shall pay maintenance taxes under this chapter on the correctly reported gross premiums from writing a class of insurance specified under Subchapter B, ...
- Texas Insurance Code Section 253.004 - Maintenance Tax Due Dates
(a) The insurer shall pay the maintenance tax annually or semiannually, as determined by the comptroller. (b) The comptroller may require semiannual payment only from ...
- Texas Insurance Code Section 254.001 - Maintenance Tax Imposed
A maintenance tax is imposed on each authorized insurer with gross premiums subject to taxation under Section 254.003. The tax required by this chapter is ...
- Texas Insurance Code Section 254.002 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed 0.2 percent of the gross premiums subject to taxation under Section 254.003. (b) ...
- Texas Insurance Code Section 254.003 - Premiums Subject To Taxation
An insurer shall pay maintenance taxes under this chapter on the correctly reported gross premiums from writing motor vehicle insurance in this state. Added by ...
- Texas Insurance Code Section 254.004 - Maintenance Tax Due Dates
(a) The insurer shall pay the maintenance tax annually or semiannually, as determined by the comptroller. (b) The comptroller may require semiannual or other periodic ...
- Texas Insurance Code Section 255.001 - Maintenance Tax Imposed
(a) A maintenance tax is imposed on each authorized insurer with gross premiums subject to taxation under Section 255.003, including a: (1) stock insurance company; ...
- Texas Insurance Code Section 255.002 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed 0.6 percent of the gross premiums subject to taxation under Section 255.003. (b) ...
- Texas Insurance Code Section 255.003 - Premiums Subject To Taxation
(a) An insurer shall pay maintenance taxes under this chapter on the correctly reported gross workers' compensation insurance premiums from writing workers' compensation insurance in ...
- Texas Insurance Code Section 255.004 - Maintenance Tax Due Dates
(a) The insurer shall pay the maintenance tax annually or semiannually. (b) The comptroller may require semiannual payment only from an insurer whose maintenance tax ...
- Texas Insurance Code Section 256.001 - Maintenance Tax Imposed
A maintenance tax is imposed on each authorized insurer with gross premiums subject to taxation under Section 256.003. The tax required by this chapter is ...
- Texas Insurance Code Section 256.002 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed 0.4 percent of the gross premiums subject to taxation under Section 256.003. (b) ...
- Texas Insurance Code Section 256.003 - Premiums Subject To Taxation
An insurer shall pay maintenance taxes under this chapter on the correctly reported gross premiums from writing a class of insurance specified under Subchapter K, ...
- Texas Insurance Code Section 256.004 - Maintenance Tax Due Dates
(a) The insurer shall pay the maintenance tax annually or semiannually, as determined by the comptroller. (b) The comptroller may require semiannual payment only from ...
- Texas Insurance Code Section 257.001 - Maintenance Tax Imposed
A maintenance tax is imposed on each authorized insurer, including a group hospital service corporation, local mutual aid association, statewide mutual assessment company, stipulated premium ...
- Texas Insurance Code Section 257.002 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed 0.04 percent of the gross premiums and gross considerations subject to taxation under ...
- Texas Insurance Code Section 257.003 - Premiums And Considerations Subject To Taxation; Limit
(a) An insurer shall pay maintenance taxes under this chapter on the correctly reported: (1) gross premiums collected from writing life, health, and accident insurance ...
- Texas Insurance Code Section 257.004 - Maintenance Tax Due Dates
(a) The insurer shall pay the maintenance tax annually, semiannually, or on another periodic basis, as determined by the comptroller. (b) The comptroller may require ...
- Texas Insurance Code Section 258.001 - Applicability Of Certain Definitions
In this chapter, a term defined by Section 843.002 has the meaning assigned by that section. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 258.002 - Maintenance Tax Imposed
A per capita maintenance tax is imposed on each authorized health maintenance organization with gross revenues subject to taxation under Section 258.004. The tax required ...
- Texas Insurance Code Section 258.003 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed $2 per enrollee. (b) The commissioner shall annually adjust the rate of assessment ...
- Texas Insurance Code Section 258.004 - Revenues Subject To Taxation; Limit
(a) A health maintenance organization shall pay per capita maintenance taxes under this chapter on the correctly reported gross revenues collected from issuing health maintenance ...
- Texas Insurance Code Section 258.005 - Maintenance Tax Due Dates
(a) The health maintenance organization shall pay the maintenance tax annually or semiannually. (b) The comptroller may require semiannual or other periodic payment only from ...
- Texas Insurance Code Section 259.001 - Definitions
In this chapter: (1) "Administrative or service fees" means all consideration, fees, assessments, payments, reimbursements, dues, and other compensation received for services as an administrator ...
- Texas Insurance Code Section 259.002 - Maintenance Tax Imposed
A maintenance tax is imposed on each authorized administrator with administrative or service fees subject to taxation under Section 259.004. The tax required by this ...
- Texas Insurance Code Section 259.003 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed one percent of the administrative or service fees subject to taxation under Section ...
- Texas Insurance Code Section 259.004 - Administrative And Service Fees Subject To Taxation
An administrator shall pay maintenance taxes under this chapter on the administrator's correctly reported administrative or service fees. Added by Acts 2003, 78th Leg., ch. ...
- Texas Insurance Code Section 259.005 - Maintenance Tax Due Dates
The administrator shall pay the maintenance tax annually, semiannually, or on another periodic basis, as determined by the comptroller. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 260.001 - Maintenance Tax Imposed
A maintenance tax is imposed on each nonprofit legal services corporation subject to Chapter 961 with gross revenues subject to taxation under Section 260.003. The ...
- Texas Insurance Code Section 260.002 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed one percent of the corporation's gross revenues subject to taxation under Section 260.003. ...
- Texas Insurance Code Section 260.003 - Revenues Subject To Taxation
A corporation shall pay maintenance taxes under this chapter on the correctly reported gross revenues received from issuing prepaid legal services contracts in this state. ...
- Texas Insurance Code Section 260.004 - Maintenance Tax Due Dates; Rules
(a) The corporation shall pay the maintenance tax annually or semiannually. (b) The comptroller may require semiannual payments only from a corporation whose maintenance tax ...
- Texas Insurance Code Section 260.005 - Applicability Of Other Law
Sections 201.001 and 201.002 apply to taxes collected under this chapter. Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005. ...
- Texas Insurance Code Section 261.001 - Definition
In this chapter, "exchange" means the Texas Insurance Exchange. Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005. ...
- Texas Insurance Code Section 261.002 - Maintenance Tax Imposed
A maintenance tax is imposed on the gross premiums paid through the exchange and subject to taxation under Section 261.004. Added by Acts 2003, 78th ...
- Texas Insurance Code Section 261.003 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed one percent of the gross premiums subject to taxation under Section 261.004. (b) ...
- Texas Insurance Code Section 261.004 - Premiums Subject To Taxation
The exchange shall pay maintenance taxes under this chapter on the correctly reported gross premiums paid through the exchange on all classes of insurance specified ...
- Texas Insurance Code Section 261.005 - Maintenance Tax Due Dates
The exchange shall pay the maintenance tax annually, semiannually, or on another periodic basis, as determined by the comptroller. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 271.001 - Applicability Of Certain Definitions
In this chapter, a term defined by Chapter 2501 has the meaning assigned by that chapter. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 271.002 - Maintenance Fee Imposed
(a) A maintenance fee is imposed on each insurer with gross premiums subject to assessment under Section 271.006. (b) The maintenance fee is not a ...
- Texas Insurance Code Section 271.003 - Duplication Of Assessment Prohibited With Respect To Title Insurance Agents
The maintenance fee is included in the division of premiums and may not be separately charged to a title insurance agent. Added by Acts 2003, ...
- Texas Insurance Code Section 271.004 - Determining Rate Of Assessment
(a) The commissioner shall annually determine the rate of assessment of the maintenance fee. (b) In determining the rate of assessment, the commissioner shall consider ...
- Texas Insurance Code Section 271.005 - Maximum Rate; Annual Adjustment
(a) The rate of assessment set by the commissioner may not exceed one percent of the gross premiums subject to assessment under Section 271.006. (b) ...
- Texas Insurance Code Section 271.006 - Premiums Subject To Assessment
An insurer shall pay maintenance fees under this chapter on the correctly reported gross premiums from writing title insurance in this state. Added by Acts ...
- Texas Insurance Code Section 271.007 - Collection Of Maintenance Fee
The comptroller shall collect the maintenance fee. Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005. ...
- Texas Insurance Code Section 271.008 - Duty To Advise Comptroller Of Rate
The commissioner shall advise the comptroller of the applicable rate of assessment of the maintenance fee not later than the 45th day before the due ...
- Texas Insurance Code Section 271.009 - Effect Of Late Advisement Of Rate
(a) Except as provided by Subsection (b), if the commissioner does not advise the comptroller of the applicable rate of assessment of the maintenance fee ...
- Texas Insurance Code Section 271.010 - Deposit Of Maintenance Fees
(a) The comptroller shall deposit maintenance fees collected under this chapter in the general revenue fund to be reallocated to the Texas Department of Insurance ...
- Texas Insurance Code Section 271.011 - Maintenance Fee Due Dates
(a) The insurer shall pay the maintenance fee on an annual, semiannual, or other periodic basis, as determined by the comptroller. (b) The comptroller may ...
- Texas Insurance Code Section 271.012 - Rules
The commissioner may adopt reasonable rules to implement payments under this chapter. Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, ...
- Texas Insurance Code Section 281.001 - Definitions
In this subchapter: (1) "Domestic insurer" means an insurer organized in this state. (2) "Foreign insurer" means an insurer organized in another state. (3) "Tax ...
- Texas Insurance Code Section 281.002 - Treatment Of Alien Insurer As Foreign Insurer
For purposes of this subchapter, an alien insurer is considered to be organized in the state designated by the insurer in which the insurer: (1) ...
- Texas Insurance Code Section 281.003 - Exception
This subchapter does not apply to a person, company, firm, association, group, corporation, or insurance organization of any kind from another state that engages in ...
- Texas Insurance Code Section 281.004 - Retaliatory Taxes Or Other Charges, Prohibitions, And Restrictions
(a) The comptroller shall impose and collect a tax or other charge or a prohibition or restriction on a foreign insurer authorized to engage in ...
- Texas Insurance Code Section 281.005 - Exclusion Of Certain Taxes Or Charges
In determining an insurer's taxes or other charges under this subchapter, the comptroller may not consider: (1) an ad valorem tax on property; (2) a ...
- Texas Insurance Code Section 281.006 - Treatment Of Certain Tax Reductions And Credits
(a) If another state by law reduces a tax rate or grants a tax credit to a domestic insurer that makes an investment in or ...
- Texas Insurance Code Section 281.007 - Tax Report; Administration And Collection Of Tax
The comptroller shall prescribe a due date for filing a report and paying a tax imposed under this subchapter. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 281.051 - Definitions
In this subchapter: (1) "Domestic insurer" and "foreign insurer" have the meanings assigned by Section 281.001. (2) "Penalty or other obligation" includes a sanction, fine, ...
- Texas Insurance Code Section 281.052 - Imposition Of Penalty Or Other Obligation
(a) The Texas Department of Insurance shall impose a penalty or other obligation on a foreign insurer authorized to engage in the business of insurance ...
- Texas Insurance Code Section 401.001 - Definitions
In this subchapter: (1) "Accountant" means an independent certified public accountant or accounting firm that meets the requirements of Section 401.011. (2) "Affiliate" has the ...
- Texas Insurance Code Section 401.002 - Purpose Of Subchapter
The purpose of this subchapter is to require an annual audit by an independent certified public accountant of the financial statements reporting the financial condition ...
- Texas Insurance Code Section 401.003 - Effect Of Subchapter On Authority To Examine
This subchapter does not limit the commissioner's authority to order or the department's authority to conduct an examination of an insurer or health maintenance organization ...
- Texas Insurance Code Section 401.004 - Filing And Extensions For Filing Of Audited Financial Report
(a) Unless exempt under Section 401.006, 401.007, or 401.008 and except as otherwise provided by Sections 401.005 and 401.016, an insurer or health maintenance organization ...
- Texas Insurance Code Section 401.005 - Alternative Filing For Canadian Or British Insurers Or Health Maintenance Organizations
(a) Instead of the audited financial report required by Section 401.004, an insurer or health maintenance organization domiciled in Canada or the United Kingdom may ...
- Texas Insurance Code Section 401.006 - Exemption For Certain Small Insurers And Health Maintenance Organizations
(a) An insurer or health maintenance organization that has less than $1 million in direct premiums written in this state during a calendar year is ...
- Texas Insurance Code Section 401.007 - Exemption For Certain Foreign Or Alien Insurers Or Health Maintenance Organizations
(a) A foreign or alien insurer or health maintenance organization that files an audited financial report in another state in accordance with that state's requirements ...
- Texas Insurance Code Section 401.008 - Hardship Exemption
(a) An insurer or health maintenance organization that is not eligible for an exemption under Section 401.006 or 401.007 may apply to the commissioner for ...
- Texas Insurance Code Section 401.009 - Contents Of Audited Financial Report
(a) An audited financial report required under Section 401.004 must: (1) describe the financial condition of the insurer or health maintenance organization as of the ...
- Texas Insurance Code Section 401.010 - Requirements For Financial Statements In Audited Financial Report
(a) An accountant must audit the financial reports provided by an insurer or health maintenance organization for purposes of an audit under this subchapter. The ...
- Texas Insurance Code Section 401.011 - Qualifications Of Accountant; Acceptance Of Audited Financial Report
(a) Except as provided by Subsections (c) and (d), the commissioner shall accept an audited financial report from an independent certified public accountant or accounting ...
- Texas Insurance Code Section 401.012 - Hearing On Accountant Qualifications; Replacement Of Accountant
The commissioner may hold a hearing to determine if an accountant is qualified and independent. If, after considering the evidence presented, the commissioner determines that ...
- Texas Insurance Code Section 401.013 - Accountant's Letter Of Qualifications
(a) The audited financial report required under Section 401.004 must be accompanied by a letter provided by the accountant who performed the audit stating: (1) ...
- Texas Insurance Code Section 401.014 - Registration Of Accountant
(a) Not later than December 31 of the calendar year to be covered by an audited financial report required by this subchapter, an insurer or ...
- Texas Insurance Code Section 401.015 - Resignation Or Dismissal Of Accountant; Statement Concerning Disagreements
(a) If an accountant who signed an audited financial report for an insurer or health maintenance organization resigns as accountant for the insurer or health ...
- Texas Insurance Code Section 401.016 - Audited Combined Or Consolidated Financial Statements
(a) An insurer or health maintenance organization described by Section 401.001(3) or (4) that is required to file an audited financial report under this subchapter ...
- Texas Insurance Code Section 401.017 - Notice Of Adverse Financial Condition Or Misstatement Of Financial Condition
(a) An insurer or health maintenance organization required to file an audited financial report under this subchapter shall require the insurers or health maintenance organization's ...
- Texas Insurance Code Section 401.018 - Information Discovered After Date Of Audited Financial Report
If, after the date of an audited financial report filed under this subchapter, the accountant becomes aware of facts that might have affected the report, ...
- Texas Insurance Code Section 401.019 - Report On Significant Deficiencies In Internal Control
(a) In addition to the audited financial report required by this subchapter, each insurer or health maintenance organization shall provide to the commissioner a written ...
- Texas Insurance Code Section 401.020 - Accountant Work Papers
(a) In this section, "work papers" means the records kept by an accountant of the procedures followed, the tests performed, the information obtained, and the ...
- Texas Insurance Code Section 401.021 - Penalty For Failure To Comply
(a) If an insurer or health maintenance organization fails to comply with this subchapter, the commissioner shall order that the insurer's or health maintenance organization's ...
- Texas Insurance Code Section 401.051 - Duty To Examine Carriers
(a) The department or an examiner appointed by the department shall visit at the carrier's principal office: (1) each carrier that is organized under the ...
- Texas Insurance Code Section 401.052 - Frequency Of Examination
(a) The department shall visit and examine a carrier: (1) annually during the first three years after the carrier is organized or incorporated; and (2) ...
- Texas Insurance Code Section 401.053 - Examination Period
Unless the department requests that an examination cover a longer period, the examination must cover the period beginning on the last day covered by the ...
- Texas Insurance Code Section 401.054 - Powers Related To Examination
The department or the examiner appointed by the department: (1) has free access, and may require the carrier or the carrier's agent to provide free ...
- Texas Insurance Code Section 401.055 - Effect Of Subchapter On Authority To Use Information
This subchapter does not limit the commissioner's authority to use a final or preliminary examination report, an examiner's or company's work papers or other documents, ...
- Texas Insurance Code Section 401.056 - Rules Related To Reports And Hearings
The commissioner by rule shall adopt: (1) procedures governing the filing and adoption of an examination report; (2) procedures governing a hearing to be held ...
- Texas Insurance Code Section 401.057 - Use Of Audit And Work Papers
(a) In this section, "work papers" has the meaning assigned by Section 401.020(a). (b) In conducting an examination under this subchapter, the department shall use ...
- Texas Insurance Code Section 401.058 - Confidentiality Of Reports And Related Information
(a) A final or preliminary examination report and any information obtained during an examination are confidential and are not subject to disclosure under Chapter 552, ...
- Texas Insurance Code Section 401.059 - Determination Of Value
In determining the value or market value of an investment in or on real estate or an improvement to real estate by a carrier authorized ...
- Texas Insurance Code Section 401.060 - Right To Information Relating To Determination Of Value Or Market Value
(a) If the department determines the value or market value of an insurer's investment in or on real estate or an improvement to real estate, ...
- Texas Insurance Code Section 401.061 - Disciplinary Action For Failure To Comply With Subchapter
A carrier is subject to disciplinary action under Chapter 82 if the carrier or the carrier's agent fails or refuses to comply with: (1) this ...
- Texas Insurance Code Section 401.062 - Stay Of Rule, Order, Decision, Or Finding
The filing of a petition under Subchapter D, Chapter 36, for judicial review of a rule, order, decision, or finding of the commissioner or department ...
- Texas Insurance Code Section 401.101 - Use Of Department Examiner Or Other Qualified Person Or Firm
The department may use a salaried department examiner or may appoint a qualified person or firm to perform an examination of an insurance organization as ...
- Texas Insurance Code Section 401.102 - Legislative Intent As To Appointment Or Employment Of Examiners And Actuaries
(a) The legislature recognizes that experienced, highly qualified examiners and actuaries are necessary for the department to effectively monitor and regulate the solvency of insurers ...
- Texas Insurance Code Section 401.103 - Appointment Of Examiners And Actuaries
(a) The department shall appoint: (1) a chief examiner and the number of assistant examiners the department considers necessary to conduct examinations of insurance companies, ...
- Texas Insurance Code Section 401.104 - Appointment Of Examiners, Actuaries, And Other Persons For Certain Examinations
(a) The department may commission a department actuary, the chief examiner, another department examiner or employee, or any other person to conduct or assist in ...
- Texas Insurance Code Section 401.105 - Oath Of Examiners And Assistants
Before entering into the duties of appointment as an examiner or assistant examiner, an individual must take and file in the office of the secretary ...
- Texas Insurance Code Section 401.106 - Right Of Action On Bond
If an examiner or assistant examiner knowingly makes a false report or gives any information in violation of law that relates to an examination of ...
- Texas Insurance Code Section 401.151 - Expenses Of Examination Of Domestic Insurer
(a) A domestic insurer examined on behalf of this state by the department or under the department's authority shall pay the expenses of the examination ...
- Texas Insurance Code Section 401.152 - Expenses Of Examination Of Other Insurers
(a) An insurer not organized under the laws of this state shall reimburse the department for the salary and expenses of each examiner participating in ...
- Texas Insurance Code Section 401.153 - Reimbursement Of Expenses Of Certain Persons Or Firms
(a) A person or firm appointed by the department to examine an insurer or to assist in the insurer's examination shall be paid for those ...
- Texas Insurance Code Section 401.154 - Tax Credit Authorized
An insurer is entitled to a credit on the amount of premium or other taxes to be paid by the insurer for all examination fees ...
- Texas Insurance Code Section 401.155 - Additional Assessments
(a) The department shall impose additional assessments against insurers on a pro rata basis as necessary to: (1) cover all expenses and disbursements required by ...
- Texas Insurance Code Section 401.156 - Deposit And Use Of Assessment And Fee
(a) The department shall deposit an assessment or fee collected under this subchapter to the credit of the Texas Department of Insurance operating account. (b) ...
- Texas Insurance Code Section 401.201 - Confidentiality Of Early Warning System Information
Information relating to the financial solvency of an organization regulated by the department under this code or another insurance law of this state that is ...
- Texas Insurance Code Section 402.001 - Applicability Of Chapter
(a) Except as provided by Subsection (b), this chapter applies to: (1) each of the following domestic or commercially domiciled insurers: (A) a capital stock ...
- Texas Insurance Code Section 402.002 - General Reporting Requirements
(a) An insurer or health maintenance organization shall file with the department a report, including any necessary exhibit or other attachment, that discloses: (1) the ...
- Texas Insurance Code Section 402.003 - Exceptions To Reporting Requirements
An insurer or health maintenance organization is not required to file a report under Section 402.002 if: (1) the acquisition or disposition of assets or ...
- Texas Insurance Code Section 402.004 - Report Made On Nonconsolidated Basis
(a) An insurer or health maintenance organization shall report each material acquisition or disposition and each material nonrenewal, cancellation, or revision of a ceded reinsurance ...
- Texas Insurance Code Section 402.005 - Confidentiality Of Report
(a) A report obtained by or disclosed to the commissioner under this chapter is confidential and is not subject to a subpoena, other than a ...
- Texas Insurance Code Section 402.051 - Acquisitions And Dispositions Considered Material
For purposes of this chapter, an acquisition, or the aggregate of a series of related acquisitions during a 30-day period, or a disposition, or the ...
- Texas Insurance Code Section 402.052 - Acquisitions And Dispositions Subject To Chapter
(a) An asset acquisition subject to this chapter includes a purchase, lease, exchange, merger, consolidation, succession, or other acquisition of assets, except the construction or ...
- Texas Insurance Code Section 402.053 - Content Of Report Concerning Material Acquisitions And Dispositions
In a report of a material acquisition or disposition of assets under Section 402.002, an insurer or health maintenance organization shall disclose: (1) the date ...
- Texas Insurance Code Section 402.101 - Nonrenewals, Cancellations, And Revisions Considered Material
For purposes of this chapter, a nonrenewal, cancellation, or revision of a ceded reinsurance agreement is material if, on an annual basis, a reported in ...
- Texas Insurance Code Section 402.102 - Conditions Under Which Report Concerning Nonrenewal, Cancellation, Or Revision Required
Except as provided by Section 402.103, an insurer or health maintenance organization shall file a report of a material nonrenewal, cancellation, or revision of ceded ...
- Texas Insurance Code Section 402.103 - Conditions Under Which Report Concerning Nonrenewal, Cancellation, Or Revision Not Required
An insurer or health maintenance organization is not required to file a report under Section 402.002 if the insurer's or health maintenance organization's ceded written ...
- Texas Insurance Code Section 402.104 - Content Of Report Concerning Material Nonrenewals, Cancellations, And Revisions
In a report of a material nonrenewal, cancellation, or revision of a ceded reinsurance agreement under Section 402. 002, an insurer or health maintenance organization ...
- Texas Insurance Code Section 403.001 - Limitation On Dividends
An insurer organized under the laws of this state, including a life, health, fire, marine, or inland marine insurance company, may not pay a dividend ...
- Texas Insurance Code Section 403.002 - Dividends To Policyholders In Commercial Lines
(a) An insurer may pay to a commercial policyholder or group of commercial policyholders a dividend that covers more than one class or line of ...
- Texas Insurance Code Section 403.051 - Estimate Of Profits
An insurer organized under the laws of this state may not include the following in the estimate of the insurer's profits for the purpose of ...
- Texas Insurance Code Section 403.052 - Estimate Of Profits Of Certain Insurers
A life, health, fire, marine, or inland marine insurance company organized under the laws of this state may not include the following in the estimate ...
- Texas Insurance Code Section 403.053 - Acquired Earned Surplus
(a) This section applies only to: (1) a stock domestic insurance company authorized to engage in the business of life, accident, or health insurance in ...
- Texas Insurance Code Section 403.101 - Penalties
(a) The department may revoke the charter of an insurer organized under the laws of this state that pays a dividend in violation of Sections ...
- Texas Insurance Code Section 403.102 - Penalties For Certain Insurers
The department may revoke the charter of a life, health, fire, marine, or inland marine insurance company organized under the laws of this state that ...
- Texas Insurance Code Section 404.001 - Definition
In this subchapter, "insurer" includes: (1) a capital stock insurance company; (2) a reciprocal or interinsurance exchange; (3) a Lloyd's plan; (4) a fraternal benefit ...
- Texas Insurance Code Section 404.002 - Applicability Of Subchapter
This subchapter applies to a person or organization engaged in the business of insurance without regard to whether the person or organization is listed in ...
- Texas Insurance Code Section 404.003 - Order To Remedy Condition
(a) If the financial condition of an insurer, when reviewed as provided by Subsection (b), indicates a condition that might make the insurer's continued operation ...
- Texas Insurance Code Section 404.004 - Construction With Law Relating To Capital And Surplus
The commissioner's authority under Section 404.003 to require an increase in an insurer's capital and surplus by contribution, and any capital and surplus requirements imposed ...
- Texas Insurance Code Section 404.005 - Standards And Criteria For Early Warning
(a) The commissioner by rule may: (1) establish uniform standards and criteria for early warning that the continued operation of an insurer might be hazardous ...
- Texas Insurance Code Section 404.006 - Agreement With Another Jurisdiction
The commissioner may enter into an agreement with the insurance regulatory authority of another jurisdiction concerning the management, volume of business, expenses of operation, plans ...
- Texas Insurance Code Section 404.051 - Impairment Prohibited
(a) The impairment of the capital stock of a stock insurance company is prohibited. (b) Impairment of the following surpluses in excess of that provided ...
- Texas Insurance Code Section 404.052 - Determination Of Impairment
(a) When determining under this subchapter whether the surplus or the minimum required aggregate surplus of an insurer is impaired, the commissioner shall charge against ...
- Texas Insurance Code Section 404.053 - Remedy For Impairment
(a) The commissioner shall order an insurer to remedy an impairment of the insurer's surplus, aggregate surplus, or aggregate of guaranty fund and surplus, as ...
- Texas Insurance Code Section 421.001 - Reserves Required
(a) An insurer shall maintain reserves in an amount estimated in the aggregate to provide for the payment of all losses or claims for which ...
- Texas Insurance Code Section 421.002 - Certificates From Other States
In computing the reserve liability of an insurer, the commissioner may accept the certificate of the officer of another state charged with the duty of ...
- Texas Insurance Code Section 422.001 - Short Title
This chapter may be cited as the Asset Protection Act. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 422.002 - Purposes
(a) The purposes of this chapter are to: (1) require an insurer to maintain unencumbered assets in an amount equal to the insurer's reserve liabilities; ...
- Texas Insurance Code Section 422.003 - Definitions
In this chapter: (1) "Asset" means any property in which an insurer owns a legal or equitable interest. (2) "Claimant" means an owner, beneficiary, assignee, ...
- Texas Insurance Code Section 422.004 - Applicability Of Chapter
This chapter applies to: (1) the following domestic insurers: (A) a stock life, health, or accident insurance company; (B) a mutual life, health, or accident ...
- Texas Insurance Code Section 422.005 - Exemptions
(a) This chapter does not apply to: (1) variable contracts for which separate accounts are required to be maintained; (2) a reinsurance agreement or any ...
- Texas Insurance Code Section 422.006 - Conflict With Other Law
If this chapter conflicts with another law relating to the subject matter or application of this chapter, this chapter controls. Added by Acts 2005, 79th ...
- Texas Insurance Code Section 422.051 - Restrictions On Encumbrance Of Assets
(a) An insurer shall at all times maintain unencumbered assets in an amount equal to the insurer's reserve liabilities. (b) An insurer may not pledge ...
- Texas Insurance Code Section 422.052 - Report To Commissioner
(a) Not later than the 10th day after the date an insurer pledges or otherwise encumbers an asset, the insurer shall report in writing to ...
- Texas Insurance Code Section 422.053 - Claimant Lien On Certain Assets
(a) A person, corporation, association, or other legal entity that accepts as security for an insurer's debt or other obligation a pledge or encumbrance of ...
- Texas Insurance Code Section 422.054 - Preferential Claims On Liquidation
If an insurer is involuntarily or voluntarily liquidated, a claimant of the insurer has a prior and preferential claim against all assets of the insurer ...
- Texas Insurance Code Section 423.001 - Applicability Of Chapter
(a) This chapter applies to a domestic insurer regulated under this code, including: (1) a stock company; (2) a reciprocal or interinsurance exchange; (3) a ...
- Texas Insurance Code Section 423.002 - Ambiguities And Conflicts With Other Law
This chapter controls to the extent of an ambiguity or a conflict between this chapter and another provision of this code. Added by Acts 2005, ...
- Texas Insurance Code Section 423.003 - Rules
The commissioner may adopt rules necessary to implement this chapter. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 423.051 - Deposit And Investment Of Money
A director, member of a committee, officer, or clerk of a domestic insurer who has the duty to handle or invest the insurer's money may ...
- Texas Insurance Code Section 423.052 - Money Held In Pooling Account
(a) Only a domestic insurer and an affiliate, as described by Section 823.003, may hold money in a pooling account. (b) The accounting and operating ...
- Texas Insurance Code Section 423.053 - Authority To Deposit Money In Account Of Reinsurer
A reinsurance agreement between a domestic insurer and an affiliate, as described by Section 823.003, must specifically authorize the deposit of money from premiums to ...
- Texas Insurance Code Section 423.101 - Definition
In this subchapter, "clearing corporation" means: (1) a clearing corporation as defined by Section 8.102(a), Business & Commerce Code; or (2) a clearance system that: ...
- Texas Insurance Code Section 423.102 - Deposit And Holding Of Securities
(a) A domestic insurer that has securities held in or purchased for the insurer's general account or separate accounts may deposit the securities or arrange ...
- Texas Insurance Code Section 423.103 - Securities Held Under Custodial Or Trust Agreement
A domestic insurer's securities that are held under a custodial agreement or trust agreement with a bank, Federal Home Loan Bank, or trust company may ...
- Texas Insurance Code Section 423.104 - Proof Of Ownership Of Securities
(a) A domestic insurer may demonstrate ownership of a security through a definitive certificate or in accordance with rules adopted under this section. (b) The ...
- Texas Insurance Code Section 423.105 - Mandatory Deposit Of Securities; Commissioner Control
(a) An insurer that is required to deposit securities as a condition of engaging in the business of insurance in this state may deposit the ...
- Texas Insurance Code Section 423.106 - Required Evidence For Securities
(a) An insurer that deposits securities under Section 423.105 shall provide evidence to the commissioner to establish that: (1) the securities are recorded in an ...
- Texas Insurance Code Section 423.107 - Assets Deposited With Clearing Corporation
A domestic insurer may deposit assets with a clearing corporation only if: (1) the insurer is a member of an insurance holding company system that ...
- Texas Insurance Code Section 423.108 - Limitation On Assets Deposited With Clearing Corporation
The commissioner by rule may adopt a reasonable limit on the percentage of a domestic insurer's assets that may be deposited with a clearing corporation. ...
- Texas Insurance Code Section 424.001 - Definitions
In this chapter: (1) "Insurer" means any insurer organized under the laws of this state other than an insurer writing life, health, and accident insurance. ...
- Texas Insurance Code Section 424.002 - Inapplicability Of Certain Law
The definition of "state" assigned by Section 311.005, Government Code, does not apply to this chapter. Added by Acts 2005, 79th Leg., ch. 727, § ...
- Texas Insurance Code Section 424.051 - General Investment Authority Specified By Law
An insurer may not invest the insurer's funds in excess of minimum capital and surplus, except that an insurer may invest as otherwise authorized by ...
- Texas Insurance Code Section 424.052 - Additional General Investment Authority
An insurer may make investments that are not otherwise authorized by this chapter or otherwise authorized by this code for the insurer if: (1) the ...
- Texas Insurance Code Section 424.053 - Limitation As To Single Issuer Or Borrower
(a) Notwithstanding Sections 424.051, 424.056-424.071, and 424.074, the aggregate amount of an insurer's investments in all or any type of securities, loans, obligations, or evidences ...
- Texas Insurance Code Section 424.054 - Applicability Of Percentage Authorizations And Limitations
(a) The percentage authorizations and limitations established by Sections 424.051, 424.053-424.071, and 424.074 apply only at the time an investment is originally acquired or a ...
- Texas Insurance Code Section 424.055 - Waiver By Commissioner Of Quantitative Limitations
(a) Notwithstanding Sections 424.051, 424.056-424.071, and 424.074, the commissioner may waive a quantitative limitation on any investment authorized by those laws if: (1) the insurer ...
- Texas Insurance Code Section 424.056 - Written Investment Plan
(a) Each insurer's board of directors, or, if the insurer does not have a board of directors, the corresponding authority designated by the insurer's charter, ...
- Texas Insurance Code Section 424.057 - Investment Records
An insurer shall maintain investment records covering each transaction. The insurer must be able to demonstrate at all times to the department that the insurer's ...
- Texas Insurance Code Section 424.058 - Authorized Investments: Form Of Minimum Capital And Surplus
An insurer may invest the insurer's funds in excess of minimum capital and surplus in any manner authorized by Section 822.204 for investment of the ...
- Texas Insurance Code Section 424.059 - Authorized Investments: Government Obligations
An insurer may invest the insurer's funds in excess of minimum capital and surplus in a bond or other evidence of indebtedness of any state ...
- Texas Insurance Code Section 424.060 - Authorized Investments: Stock Of National Or State Bank
(a) An insurer may invest the insurer's funds in excess of minimum capital and surplus in the stock of: (1) a national bank; or (2) ...
- Texas Insurance Code Section 424.061 - Authorized Investments: Deposits In Certain Financial Institutions
(a) Subject to this section, an insurer may invest in any type of savings deposit, time deposit, certificate of deposit, NOW account, or money market ...
- Texas Insurance Code Section 424.062 - Authorized Investments: Certain Obligations Of Partnership Or Corporation
(a) Except as provided by this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in a stock, bond, ...
- Texas Insurance Code Section 424.063 - Authorized Investments: Mutual Funds
An insurer may invest the insurer's funds in excess of minimum capital and surplus in shares of a mutual fund engaged in business under the ...
- Texas Insurance Code Section 424.064 - Authorized Investments: Real Property
(a) Subject to this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in real property to the extent ...
- Texas Insurance Code Section 424.065 - Acting As Real Estate Broker Or Salesperson Prohibited
An insurer defined in Section 822.001 or 822.201 or another insurer specifically made subject to Sections 424.051, 424.053-424.071, and 424.074 may not engage in the ...
- Texas Insurance Code Section 424.066 - Authorized Investments: Obligations Secured By Real Property Loans
(a) Subject to this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in a bond, note, or evidence ...
- Texas Insurance Code Section 424.067 - Authorized Investments: Transportation Equipment
An insurer may invest the insurer's funds in excess of minimum capital and surplus in: (1) an adequately secured equipment trust obligation, certificate, or other ...
- Texas Insurance Code Section 424.068 - Authorized Investments: Investment In Foreign Jurisdiction
(a) In addition to the investments in Canada authorized by Sections 424.051, 424.058-424.071, and 424.074 and subject to this section, an insurer may invest the ...
- Texas Insurance Code Section 424.069 - Authorized Investments: Certain Loans
An insurer may invest the insurer's funds in excess of minimum capital and surplus in a loan on the pledge of any mortgage, stock, bond, ...
- Texas Insurance Code Section 424.070 - Authorized Investments: Obligations Of Local Governmental Entities
(a) Subject to this section, an insurer may invest the insurer's funds in excess of minimum capital and surplus in a bond or other interest ...
- Texas Insurance Code Section 424.071 - Authorized Investments: The University Of Texas
An insurer may invest the insurer's funds in excess of minimum capital and surplus in an interest-bearing note or bond of The University of Texas ...
- Texas Insurance Code Section 424.072 - Authorized Investments: Bonds Issued, Assumed, Or Guaranteed In International Market
An insurer may invest the insurer's funds in excess of minimum capital and surplus in bonds issued, assumed, or guaranteed by any of the following ...
- Texas Insurance Code Section 424.073 - Authorized Investments: Insurer Engaged In Business In Foreign Country
(a) Subject to this section, an insurer authorized by the law of a foreign country to engage in a line of insurance in which the ...
- Texas Insurance Code Section 424.074 - Other Specifically Authorized Investments
An insurer may invest the insurer's funds in excess of minimum capital and surplus in: (1) a savings account as authorized by Chapter 65, Finance ...
- Texas Insurance Code Section 424.101 - Definitions
In this subchapter: (1) "Business entity" means an association, corporation, joint stock company, joint venture, limited liability company, mutual fund trust, partnership, or other similar ...
- Texas Insurance Code Section 424.102 - Authority To Invest In Pool
An insurer may acquire investments and participate in an investment pool that is qualified under Section 424.103(b) and the investments of which are limited to ...
- Texas Insurance Code Section 424.103 - Investment Pool Requirements And Qualifications
(a) An investment pool must be a business entity. (b) To be qualified, an investment pool must: (1) have a written pooling agreement and a ...
- Texas Insurance Code Section 424.104 - Authorized Investments For Short-Term Investment Pool
A short-term investment pool may contain only: (1) obligations described by Section 424.105; (2) money market funds described by Section 424.106; or (3) repurchase, reverse ...
- Texas Insurance Code Section 424.105 - Short-Term Investment Pool: Certain Short-Term Obligations
(a) Obligations contained in a short-term investment pool must meet the requirements of this section. (b) The obligations must: (1) have a rating by the ...
- Texas Insurance Code Section 424.106 - Short-Term Investment Pool: Certain Money Market Funds
A short-term investment pool may contain a money market fund as described by 17 C.F.R. Section 270.2a-7 under the Investment Company Act of 1940 (15 ...
- Texas Insurance Code Section 424.107 - Authorized Investments For Authorized Investment Pool; Limitation
(a) An authorized investment pool may contain only investments that a participating insurer is authorized to acquire by provisions of this code other than this ...
- Texas Insurance Code Section 424.108 - General Insurer Investment Limitations
An insurer may not acquire an investment in an investment pool if, as a result of and after making the investment, the aggregate amount of ...
- Texas Insurance Code Section 424.109 - Designation Of Pool Manager; Qualifications
(a) The pooling agreement for an investment pool must designate a pool manager. (b) The pool manager must be organized under the laws of the ...
- Texas Insurance Code Section 424.110 - Pool Manager To Maintain Assets; Custody Agreement
(a) The pool manager shall maintain the assets of the investment pool in one or more accounts, in the name of or on behalf of ...
- Texas Insurance Code Section 424.111 - Pooling Agreement Provisions
The pooling agreement for an investment pool must provide that: (1) 100 percent of the ownership interests in the pool must at all times be ...
- Texas Insurance Code Section 424.112 - Withdrawals And Distributions
(a) A pool participant must be able to make withdrawals on demand without penalty or other assessment on any business day, and settlement of funds ...
- Texas Insurance Code Section 424.113 - Investment Pool Records
The pool manager shall compile and maintain: (1) detailed accounting records that show: (A) the cash receipts and disbursements reflecting each pool participant's proportionate investment ...
- Texas Insurance Code Section 424.114 - Inspection Of Records
The pool manager shall make records of the investment pool available for inspection by the commissioner. Added by Acts 2005, 79th Leg., ch. 727, § ...
- Texas Insurance Code Section 424.115 - Reports Of Transactions Between Pool And Participant
(a) A transaction between an investment pool and a pool participant is not subject to Subchapter C, Chapter 823, except that before entering into a ...
- Texas Insurance Code Section 424.151 - Definitions
In this subchapter: (1) "Dollar roll transaction" means two simultaneous transactions with settlement dates not more than 96 days apart, in one of which an ...
- Texas Insurance Code Section 424.152 - Transactions Authorized
An insurer may engage in dollar roll, repurchase, reverse repurchase, and securities lending transactions as provided by this subchapter. Added by Acts 2005, 79th Leg., ...
- Texas Insurance Code Section 424.153 - Period Of Transaction
An insurer must enter into a written agreement for each transaction under this subchapter, other than a dollar roll transaction. The agreement must require that ...
- Texas Insurance Code Section 424.154 - Cash Requirements
With respect to cash received in a transaction under this subchapter, an insurer shall: (1) invest the cash in accordance with this subchapter and in ...
- Texas Insurance Code Section 424.155 - Collateral Requirements
(a) While a transaction under this subchapter is outstanding, the insurer or the insurer's agent or custodian shall maintain, as to acceptable collateral received in ...
- Texas Insurance Code Section 424.156 - Percentage Limitations
(a) An insurer may not enter into a transaction under this subchapter if, as a result of and after making the transaction, the aggregate amount ...
- Texas Insurance Code Section 424.157 - Rules
The commissioner may adopt reasonable rules and issue reasonable orders as necessary to implement this subchapter. Added by Acts 2005, 79th Leg., ch. 727, § ...
- Texas Insurance Code Section 424.201 - Definitions
In this subchapter: (1) "Acceptable collateral" means: (A) cash; (B) cash equivalents; (C) letters of credit and direct obligations; or (D) securities that are fully ...
- Texas Insurance Code Section 424.202 - Risk Control Transactions Authorized
(a) Except as provided by Subsection (b), an insurer may engage in a risk control transaction authorized by this subchapter to: (1) protect the insurer's ...
- Texas Insurance Code Section 424.203 - Notice Of Intent To Engage In Risk Control Transactions Required
(a) Before an insurer with a statutory net capital and surplus of less than $10 million engages in a transaction authorized under this subchapter, the ...
- Texas Insurance Code Section 424.204 - Trading Requirements For Derivative Instruments
Each derivative instrument must be: (1) traded on a securities exchange; (2) entered into with, or guaranteed by, a business entity; (3) issued or written ...
- Texas Insurance Code Section 424.205 - Derivative Use Plan
(a) Before an insurer enters into a derivative transaction, the insurer's board of directors must approve a derivative use plan as part of the insurer's ...
- Texas Insurance Code Section 424.206 - Internal Control Procedures
An insurer that enters into a derivative transaction shall establish written internal control procedures that require: (1) a quarterly report to the board of directors ...
- Texas Insurance Code Section 424.207 - Ability To Demonstrate Hedging Characteristics And Effectiveness
An insurer must be able to demonstrate to the commissioner on request the intended hedging characteristics and continuing effectiveness of a derivative transaction or combination ...
- Texas Insurance Code Section 424.208 - Offsetting Transactions
(a) Subject to this section, an insurer may purchase or sell one or more derivative instruments to wholly or partly offset a derivative instrument previously ...
- Texas Insurance Code Section 424.209 - Inclusion Of Counterparty Exposure Amounts
The insurer shall include all counterparty exposure amounts in determining compliance with the limitations of this subchapter. Added by Acts 2005, 79th Leg., ch. 727, ...
- Texas Insurance Code Section 424.210 - Oversight By Commissioner
(a) Not later than the 10th day before the date an insurer is scheduled to enter into an initial hedging transaction, the insurer shall notify ...
- Texas Insurance Code Section 424.211 - Authority To Enter Into Hedging Transaction
After providing notice under Section 424.210, an insurer may enter into a hedging transaction under this subchapter if as a result of and after making ...
- Texas Insurance Code Section 424.212 - Authority To Enter Into Income Generation Transaction
An insurer may enter into an income generation transaction only if: (1) as a result of and after making the transaction, the sum of the ...
- Texas Insurance Code Section 424.213 - Limitation On Sale Of Call Option On Assets
If an income generation transaction is a sale of a call option on assets, the insurer must, during the entire period the option is outstanding, ...
- Texas Insurance Code Section 424.214 - Limitation On Sale Of Put Option On Assets
(a) If an income generation transaction is a sale of a put option on assets, the insurer must: (1) during the entire period the option ...
- Texas Insurance Code Section 424.215 - Limitation On Sale Of Call Option On Derivative Instrument
If an income generation transaction is a sale of a call option on a derivative instrument, including a swaption, the insurer must: (1) during the ...
- Texas Insurance Code Section 424.216 - Limitation On Sale Of Cap Or Floor
If an income generation transaction is a sale of a cap or a floor, the insurer must, during the entire period the cap or floor ...
- Texas Insurance Code Section 424.217 - Authority To Enter Replication Transaction
(a) An insurer may enter into a replication transaction only with the prior written approval of the commissioner. (b) To be eligible for approval by ...
- Texas Insurance Code Section 424.218 - Rules
The commissioner may adopt rules consistent with this subchapter that prescribe reasonable limits, standards, and guidelines for: (1) the risk control transactions authorized under this ...
- Texas Insurance Code Section 425.001 - Securities In Amount Of Reserves Required
The commissioner, after determining the amount of the reserves required on all of a life insurance company's policies in force, shall ensure that the company ...
- Texas Insurance Code Section 425.002 - Certain Insurers: Deposit Of Securities, Money, Or Property In Amount Of Legal Reserves
(a) Except as provided by Subsection (b), a life insurance company incorporated under the laws of this state may deposit with the department for the ...
- Texas Insurance Code Section 425.003 - Certain Insurers: Required Deposits Of Securities; Additional Deposits And Withdrawals
(a) A life insurance company that, before August 28, 1961, issued or assumed the obligations of policies or annuity contracts that were registered as provided ...
- Texas Insurance Code Section 425.004 - Records Of Securities Deposited With Department; Report Of Value
Each life insurance company that is required by Section 425.003 to have securities on deposit with the department shall: (1) keep records of: (A) all ...
- Texas Insurance Code Section 425.005 - Department Duties Regarding Deposited Securities; Insurance Company Access
(a) The department shall keep securities deposited by a life insurance company under Sections 425.002 and 425.003 in a secure safe-deposit, fireproof box or vault ...
- Texas Insurance Code Section 425.006 - Additional Reserves Required: Substandard Or Extra Hazardous Policies
(a) If a life insurance company engaged in business under the laws of this state has written or assumed risks that are substandard or extra ...
- Texas Insurance Code Section 425.007 - Subscription To Or Underwriting Purchase Or Sale Of Securities Or Property Prohibited; Control Of Disposition Of Property
(a) A life insurance company organized under the laws of this state may not: (1) subscribe to, or participate in, any underwriting of the purchase ...
- Texas Insurance Code Section 425.008 - Authorized Investments For Foreign Companies
A foreign company shall invest the company's assets in: (1) securities or property of the same classes in which the law of this state permits ...
- Texas Insurance Code Section 425.009 - Student Loans
A foreign or domestic life insurance company may make loans to a student enrolled in an institution of higher education if the principal amount of ...
- Texas Insurance Code Section 425.051 - Short Title
This subchapter may be cited as the Standard Valuation Law. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 425.052 - Definitions
(a) In this subchapter, "reserves" means reserve liabilities. (b) As used in this subchapter: (1) an "issue year basis" of valuation means a valuation basis ...
- Texas Insurance Code Section 425.053 - Annual Valuation Of Reserves
(a) The department shall annually value or have valued the reserves for all outstanding life insurance policies and annuity and pure endowment contracts of each ...
- Texas Insurance Code Section 425.054 - Actuarial Opinion Required
(a) For purposes of this section, "qualified actuary" means: (1) a qualified actuary, as that term is defined by Section 802.002; or (2) a person ...
- Texas Insurance Code Section 425.055 - Supporting Memorandum For Actuarial Opinion
(a) A memorandum that, in form and substance, complies with the commissioner's rules shall be prepared to support each actuarial opinion required by Section 425.054. ...
- Texas Insurance Code Section 425.056 - Limitation On Liability For Actuarial Opinion
(a) Except in cases of fraud or wilful misconduct or as provided by Subsection (b), a person who certifies an opinion under Section 425.054 is ...
- Texas Insurance Code Section 425.057 - Disciplinary Action: Company Or Person Certifying Opinion
A company or person that certifies an opinion under Section 425.054 and that violates Section 425.054 or 425.055 or rules adopted under those sections is ...
- Texas Insurance Code Section 425.058 - Valuation Of Policy Or Contract: General Rule
(a) Except as otherwise provided by Section 425.059, 425.060, 425.061, 425.062, or 425.063, the minimum standard for the valuation of an outstanding life insurance policy ...
- Texas Insurance Code Section 425.059 - Valuation Of Certain Annuities And Pure Endowment Contracts
(a) This section applies to an individual annuity or pure endowment contract issued on or after January 1, 1979, and an annuity or pure endowment ...
- Texas Insurance Code Section 425.060 - Applicability Of Calendar Year Statutory Valuation Interest Rates
The calendar year statutory valuation interest rates as defined by Sections 425.061, 425.062, and 425.063 are the interest rates used in determining the minimum standard ...
- Texas Insurance Code Section 425.061 - Computation Of Calendar Year Statutory Valuation Interest Rate: General Rule
(a) For purposes of Subsection (b): (1) R1 is the lesser of R or .09; (2) R2 is the greater of R or .09; (3) ...
- Texas Insurance Code Section 425.062 - Weighting Factors
(a) This section prescribes the weighting factors referred to in the formulas prescribed by Section 425.061. (b) The weighting factor for a life insurance policy ...
- Texas Insurance Code Section 425.063 - Reference Interest Rate
(a) In this section, "Moody's Corporate Bond Yield Average" means the Moody's Corporate Bond Yield Average--Monthly Average Corporates, as published by Moody's Investors Service, Inc. ...
- Texas Insurance Code Section 425.064 - Commissioners Reserve Valuation Method
(a) Except as otherwise provided by Sections 425.065 and 425.068 and subject to Subsection (b), for the life insurance and endowment benefits of a policy ...
- Texas Insurance Code Section 425.065 - Commissioners Annuity Reserve Valuation Method
(a) This section applies to an annuity or pure endowment contract other than a group annuity or pure endowment contract purchased under a retirement or ...
- Texas Insurance Code Section 425.066 - Minimum Aggregate Reserves
(a) An insurance company's aggregate reserves for all life insurance policies, excluding disability or accidental death benefits, issued by the company on or after the ...
- Texas Insurance Code Section 425.067 - Optional Reserve Computations
(a) Reserves for a policy or contract issued by a life insurance company before the date on which Chapter 1105 would apply to the policy ...
- Texas Insurance Code Section 425.068 - Reserve Computation: Gross Premium Charged Less Than Valuation Net Premium
(a) If in a contract year the gross premium charged by a life insurance company on a policy or contract is less than the valuation ...
- Texas Insurance Code Section 425.069 - Reserve Computation: Indeterminate Premium Plans And Certain Other Plans
(a) For a life insurance plan that provides for future premium determination, the amounts of which are to be determined by the insurance company based ...
- Texas Insurance Code Section 425.070 - Computation Of Reserve For Certain Policies By Calendar Year Of Issue
(a) The reserve for a policy or contract issued by a life insurance company before the date on which Chapter 1105 would apply to the ...
- Texas Insurance Code Section 425.101 - Definitions
In this subchapter: (1) "Assets" means the statutory accounting admitted assets of an insurance company. The term includes lawful money of the United States, whether ...
- Texas Insurance Code Section 425.102 - Inapplicability Of Certain Law
The definition of "state" assigned by Section 311.005, Government Code, does not apply to this subchapter. Added by Acts 2005, 79th Leg., ch. 727, § ...
- Texas Insurance Code Section 425.103 - Applicability Of Subchapter
(a) This subchapter and rules adopted to interpret and implement this subchapter apply to all domestic insurance companies as defined in Section 841.001 and to ...
- Texas Insurance Code Section 425.104 - Purpose
The purpose of this subchapter is to protect and further the interests of insureds, insurance companies, creditors, and the public by providing standards for development ...
- Texas Insurance Code Section 425.105 - Written Investment Plan
(a) Each insurance company's board of directors or, if the company does not have a board of directors, the corresponding authority designated by the company's ...
- Texas Insurance Code Section 425.106 - Investment Records; Demonstration Of Compliance
An insurance company shall maintain investment records covering each transaction. The company must be able to demonstrate at all times that the company's investments are ...
- Texas Insurance Code Section 425.107 - Community Investment Report
(a) The department shall, after consulting with the insurance industry of this state and the office of public insurance counsel, develop a report of insurance ...
- Texas Insurance Code Section 425.108 - Authorized Investments And Transactions In General
(a) Subject to the limitations and restrictions imposed by this subchapter, and, unless otherwise specified, based on the insurance company's capital, surplus, and admitted assets ...
- Texas Insurance Code Section 425.109 - Authorized Investments: Government Obligations
(a) An insurance company may invest in: (1) a bond, evidence of indebtedness, or other obligation of the United States; (2) a bond, evidence of ...
- Texas Insurance Code Section 425.110 - Authorized Investments: Obligations Of And Other Investments In Business Entities
(a) In this section: (1) "Business entity" includes a sole proprietorship, corporation, association, general or limited partnership, limited liability company, joint- stock company, joint venture, ...
- Texas Insurance Code Section 425.111 - Authorized Investments: Bonds Issued, Assumed, Or Guaranteed In International Market
(a) Subject to this section, an insurance company may invest in bonds issued, assumed, or guaranteed by: (1) the Inter-American Development Bank; (2) the International ...
- Texas Insurance Code Section 425.112 - Authorized Investments: Policy Loans
An insurance company may invest in loans on the security of the company's own policies in an amount that does not exceed the amount of ...
- Texas Insurance Code Section 425.113 - Authorized Investments: Deposits In Certain Financial Institutions
(a) Subject to this section, an insurance company may invest in any type of savings deposit, time deposit, certificate of deposit, NOW account, or money ...
- Texas Insurance Code Section 425.114 - Authorized Investments: Insurance Company Investment Pools
(a) In this section, "affiliate" means, with respect to a person, another person that, directly or indirectly through one or more intermediaries, controls, is controlled ...
- Texas Insurance Code Section 425.115 - Authorized Investments: Equity Interests
(a) In this section, "business entity" means a real estate investment trust, corporation, limited liability company, association, limited partnership, joint venture, mutual fund, trust, joint ...
- Texas Insurance Code Section 425.116 - Authorized Investments: Preferred Stock
(a) Subject to this section, an insurance company may invest in preferred stock of a business entity, as defined by Section 425.110. (b) An insurance ...
- Texas Insurance Code Section 425.117 - Authorized Investments: Collateral Loans
(a) Subject to this section, an insurance company may invest in a collateral loan secured by: (1) a first lien on an asset; or (2) ...
- Texas Insurance Code Section 425.118 - Authorized Investments: Obligations Secured By Real Property Loans
(a) Subject to this section, an insurance company may invest in a note, an evidence of indebtedness, or a participation in a note or evidence ...
- Texas Insurance Code Section 425.119 - Authorized Investments: Real Property
(a) Subject to this section, an insurance company may invest in a real property fee simple or leasehold estate located in the United States. (b) ...
- Texas Insurance Code Section 425.120 - Authorized Investments: Oil, Gas, And Minerals
(a) In this section: (1) "Producing" means producing oil, gas, or other minerals in paying quantities. A well that has been shut in is considered ...
- Texas Insurance Code Section 425.121 - Authorized Investments: Securities Lending, Repurchase, Reverse Repurchase, And Dollar Roll Transactions
(a) In this section: (1) "Dollar roll transaction" means two simultaneous transactions with settlement dates not more than 96 days apart, in one of which ...
- Texas Insurance Code Section 425.122 - Authorized Investments: Premium Loans
(a) Subject to Subsection (b), an insurance company may make loans to finance the payment of premiums for the company's own insurance policies or annuity ...
- Texas Insurance Code Section 425.123 - Authorized Investments: Money Market Funds
(a) An insurance company may invest in a money market fund as described by 17 C.F.R. Section 270.2a-7 under the Investment Company Act of 1940 ...
- Texas Insurance Code Section 425.124 - Authorized Investments: Risk Control Transactions
Subject to Sections 425.126-425.132, an insurance company may use derivative instruments, as defined by Section 425.125, to engage in hedging transactions, replication transactions, and income ...
- Texas Insurance Code Section 425.125 - Risk Control Transactions: Definitions
In Sections 425.124-425.132: (1) "Acceptable collateral" means cash, cash equivalents, letters of credit, and direct obligations, or securities that are fully guaranteed as to principal ...
- Texas Insurance Code Section 425.126 - Risk Control Transactions: Derivative Use Plan
(a) Before an insurance company enters into a derivative transaction, the company' s board of directors must approve a derivative use plan as part of ...
- Texas Insurance Code Section 425.127 - Risk Control Transactions: Internal Control Procedures
An insurance company that enters into a derivative transaction shall establish written internal control procedures that provide for: (1) a quarterly report to the board ...
- Texas Insurance Code Section 425.128 - Risk Control Transactions: Oversight By Commissioner
(a) An insurance company must be able to demonstrate to the commissioner on request the intended hedging characteristics and continuing effectiveness of a derivative transaction ...
- Texas Insurance Code Section 425.129 - Risk Control Transactions: Limitations On Income Generation Transactions
An insurance company may enter into an income generation transaction only if: (1) as a result of and after making the transaction, the sum of ...
- Texas Insurance Code Section 425.130 - Risk Control Transactions: Limitations On Replication Transactions
(a) An insurance company may enter into a replication transaction only with the prior written approval of the commissioner, and only if: (1) the company ...
- Texas Insurance Code Section 425.131 - Risk Control Transactions: Trading Requirements
For purposes of Sections 425.124-425.132, each derivative instrument must be: (1) traded on a securities exchange; (2) entered into with, or guaranteed by, a business ...
- Texas Insurance Code Section 425.132 - Risk Control Transactions: Offsetting Transactions
(a) Subject to this section, an insurance company may purchase or sell one or more derivative instruments to wholly or partly offset a derivative instrument ...
- Texas Insurance Code Section 425.151 - Authorized Investments: Foreign Countries And United States Territories
(a) In addition to the investments within Canada authorized by this subchapter and subject to this section, an insurance company may make investments within another ...
- Texas Insurance Code Section 425.152 - Authorized Investments: Investments Not Otherwise Specified Or Prohibited; Investments Authorized By Other Law
(a) Subject to this section, an insurance company may make an investment that is not otherwise authorized by this subchapter and that is not specifically ...
- Texas Insurance Code Section 425.153 - Authorized Investments: Certain Previously Authorized Investments
(a) An insurance company may continue to hold an investment held by the company on January 1, 1986, that does not conform to the requirement ...
- Texas Insurance Code Section 425.154 - Applicability Of Percentage Authorizations And Limitations
The percentage authorizations and limitations established by this subchapter apply only at the time an investment is originally acquired or a transaction is entered into ...
- Texas Insurance Code Section 425.155 - Qualification Of Investments
(a) The qualification or disqualification of an investment under one section of this subchapter does not prevent the investment from qualifying, wholly or partly, under ...
- Texas Insurance Code Section 425.156 - Distributions, Reinsurance, And Merger
(a) This subchapter does not prohibit an insurance company from acquiring additional obligations, securities, or other assets received as a dividend or as a distribution ...
- Texas Insurance Code Section 425.157 - Aggregate Diversification Requirements
(a) This section takes precedence over Sections 425.109-425.120, 425.122-425.153, and 425.155(a), (b), and (c). (b) An insurance company's investments in all or any types of ...
- Texas Insurance Code Section 425.158 - Waiver By Commissioner Of Quantitative Limitations
(a) The commissioner may waive a quantitative limitation on any investment authorized by Sections 425.109-425.132 and 425.151-425.156 if: (1) the insurer seeks the waiver before ...
- Texas Insurance Code Section 425.159 - Accounting Provisions
(a) Each insurance company shall maintain reasonable, adequate, and accurate evidence of the company's ownership of the company's assets and investments. (b) An insurance company ...
- Texas Insurance Code Section 425.160 - Investments Of Ceding Insurers
(a) Subject to this section, if a domestic insurance company assumes and reinsures the business of and takes over the assets of another domestic insurance ...
- Texas Insurance Code Section 425.161 - Acting As Real Estate Broker Or Salesperson Prohibited
A domestic insurance company or another insurance company specifically made subject to this subchapter may not engage in the business of a broker or salesperson ...
- Texas Insurance Code Section 425.162 - Rules
The commissioner may adopt rules, minimum standards, or limitations that are fair and reasonable as appropriate to supplement and implement this subchapter. Added by Acts ...
- Texas Insurance Code Section 425.201 - Definition
In this subchapter, "contingency funds" means an insurer's contingency funds over and above the amount of the insurer's policy reserves. Added by Acts 2005, 79th ...
- Texas Insurance Code Section 425.202 - Applicability Of Subchapter
This subchapter applies only to an insurer organized under Chapter 881, 884, 885, 886, 887, or 2551, except as specifically provided by those chapters. Added ...
- Texas Insurance Code Section 425.203 - Limitation On Funds And Other Assets
(a) An insurer may not use the insurer's funds to make an investment or loan that is not authorized by this subchapter. (b) An insurer ...
- Texas Insurance Code Section 425.204 - Approval Of Investments And Loans Required
(a) An insurer may not make an investment unless the investment has been authorized by the insurer's board of directors or by a committee responsible ...
- Texas Insurance Code Section 425.205 - Authorized Investments For All Funds: Government Bonds
(a) Subject to this section, an insurer may invest any of the insurer's funds and accumulations in: (1) a bond, treasury bill, note, or certificate ...
- Texas Insurance Code Section 425.206 - Authorized Investments For All Funds: Corporate Bonds, Notes, And Debentures
(a) Subject to Subsection (e), an insurer may invest any of the insurer's funds and accumulations in a first mortgage bond or first lien note ...
- Texas Insurance Code Section 425.207 - Authorized Investments For All Funds: Shares Of Savings And Loan Associations
(a) Subject to this section, an insurer may invest any of the insurer's funds and accumulations in a share, stock, share or savings account, or ...
- Texas Insurance Code Section 425.208 - Authorized Investments For All Funds: Bank And Bank Holding Company Stocks
(a) Subject to this section, an insurer may invest any of the insurer's funds and accumulations in: (1) the stock of a state or national ...
- Texas Insurance Code Section 425.209 - Authorized Investments For All Funds: Debentures Of Public Utility Corporations
(a) Subject to this section, an insurer may invest any of the insurer's funds and accumulations in: (1) a debenture of a solvent public utility ...
- Texas Insurance Code Section 425.210 - Authorized Investments For All Funds: Preferred Stock Of Public Utility Corporations
(a) Subject to this section, an insurer may invest any of the insurer's funds and accumulations in: (1) preferred stock of a solvent public utility ...
- Texas Insurance Code Section 425.211 - Authorized Investments For All Funds: Bonds Issued, Assumed, Or Guaranteed In International Market
An insurer may invest any of the insurer's funds and accumulations in bonds issued, assumed, or guaranteed by: (1) the Inter-American Development Bank; (2) the ...
- Texas Insurance Code Section 425.212 - Authorized Investments For All Funds: Securities Or Investments Authorized Or Described By Specific Statutory Provision
An insurer may invest any of the insurer's funds and accumulations in a security or investment authorized or described by: (1) Section 65.013, Finance Code; ...
- Texas Insurance Code Section 425.213 - Authorized Investments For All Funds: Other Securities Specifically Authorized By Law
An insurer may invest any of the insurer's funds and accumulations in: (1) an adequately secured equipment trust obligation or certificate or another adequately secured ...
- Texas Insurance Code Section 425.214 - Authorized Investments For All Funds: Loans Secured By Real Property
(a) Subject to this section, an insurer may loan any of the insurer's funds and accumulations and take as collateral a first lien on real ...
- Texas Insurance Code Section 425.215 - Authorized Investments For All Funds: Loans Secured By Certain Collateral Secured By Real Property
An insurer may loan any of the insurer's funds and accumulations and take as collateral an obligation secured by a first lien on real property ...
- Texas Insurance Code Section 425.216 - Authorized Investments For All Funds: Policy Loans
(a) Subject to Subsection (b), an insurer may loan any of the insurer's funds and accumulations and take as collateral an insurance policy issued by ...
- Texas Insurance Code Section 425.217 - Authorized Investments For All Funds: Loans Secured By Certain Securities
An insurer may loan any of the insurer's funds and accumulations and take as collateral for the loan any security described by Sections 425.205-425.213 and ...
- Texas Insurance Code Section 425.218 - Authorized Investments For All Funds: Securities Not Otherwise Specified
(a) Notwithstanding any express or implied prohibitions, and subject to this section, an insurer may invest any of the insurer's funds and accumulations in an ...
- Texas Insurance Code Section 425.219 - Authorized Investments For Policy Reserves And Surplus: Bonds Of Certain Water Control And Improvement Districts
An insurer may invest the insurer's policy reserves and surplus over and above the insurer's capital in municipal bonds issued under Section 51.039, Water Code. ...
- Texas Insurance Code Section 425.220 - Authorized Investments For Capital, Surplus, And Contingency Funds: Capital Stock, Bonds, And Other Corporate Obligations
(a) Subject to this section and Section 425.226, an insurer may invest the insurer's capital, surplus, and contingency funds in the capital stock, bonds, bills ...
- Texas Insurance Code Section 425.221 - Authorized Investments For Capital, Surplus, And Contingency Funds: Bonds Or Notes Of Educational Or Religious Corporations
Subject to Section 425.226, an insurer may invest the insurer's capital, surplus, and contingency funds in a bond or note of an educational or religious ...
- Texas Insurance Code Section 425.222 - Authorized Investments For Capital, Surplus, And Contingency Funds: Life Income Interests In Qualified Trusts
(a) Subject to this section, an insurer may invest the insurer's capital, surplus, and contingency funds in a life income interest in a qualified irrevocable ...
- Texas Insurance Code Section 425.223 - Authorized Investments For Capital, Surplus, And Contingency Funds: Capital Stock Of Reinsurer
(a) Subject to Subsection (b), an insurer may invest the insurer's capital, surplus, and contingency funds in not more than 20 percent of the capital ...
- Texas Insurance Code Section 425.224 - Authorized Investments For Capital, Surplus, And Contingency Funds: Loans Secured By Corporate Stock
(a) Subject to this section, an insurer may loan the insurer's capital, surplus, and contingency funds and take as collateral the capital stock, bonds, bills ...
- Texas Insurance Code Section 425.225 - Investment In Foreign Securities
(a) An insurer authorized to engage in business in a foreign country may invest in securities of that country that are the same kind of ...
- Texas Insurance Code Section 425.226 - Investment In Stock Subject To Assessment Prohibited
An insurer may not invest any of the insurer's funds in a stock, the holder or owner of which is or may become liable for ...
- Texas Insurance Code Section 425.227 - Certain Investment Powers Not A Restriction
The investment powers granted by Sections 425.207 and 425.208 may not be construed as restricting the powers granted by Sections 425.220 and 425.221. Added by ...
- Texas Insurance Code Section 425.228 - Investments Of Ceding Insurer
(a) Subject to this section, if a domestic insurer assumes the business and takes over the assets of another domestic or a foreign insurer, all ...
- Texas Insurance Code Section 425.229 - Authorized Investments: Real Estate For Insurer's Offices
(a) Subject to this section, an insurer may secure, hold, and convey the following real property: (1) one building site and office building for the ...
- Texas Insurance Code Section 425.230 - Authorized Investments: Oil, Gas, And Minerals
(a) In this section and Section 425.231: (1) "Producing" means producing oil, gas, or other minerals in paying quantities. A well that has been shut ...
- Texas Insurance Code Section 425.231 - Authorized Investments: Real Property Acquired Under Certain Circumstances
(a) Subject to this section, an insurer may secure, hold, and convey the following real property: (1) real property acquired in good faith as security ...
- Texas Insurance Code Section 425.232 - Authorized Investments: Improved Income-Producing Real Property
(a) In this section, "improved income-producing real property" includes all commercial and industrial real property, a substantial portion of which has been materially enhanced in ...
- Texas Insurance Code Section 426.001 - Reserves Required
A workers' compensation insurance company engaged in business in this state shall maintain reserves in an amount estimated in the aggregate to provide for the ...
- Texas Insurance Code Section 426.002 - Computation Of Reserves
Reserves required by Section 426.001 must be computed in accordance with any rules adopted by the commissioner to adequately protect insureds, secure the solvency of ...
- Texas Insurance Code Section 426.003 - Maintenance Of Reserves; Notice Of Noncompliance
(a) If a workers' compensation insurance company's reserves are determined under this chapter to be: (1) inadequate, the commissioner shall notify the company and require ...
- Texas Insurance Code Section 427.001 - Applicability Of Chapter
This chapter applies to an insurer or health maintenance organization as defined by Section 401.001. Added by Acts 2005, 79th Leg., ch. 727, § 1, ...
- Texas Insurance Code Section 427.002 - Rules
The commissioner shall adopt rules necessary to implement this chapter. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 427.051 - Loan Or Advance Permitted
An insurer or health maintenance organization may obtain a loan or an advance, repayable with interest, of: (1) cash; (2) cash equivalents; or (3) other ...
- Texas Insurance Code Section 427.052 - Subordinated Liability Permitted
(a) An insurer or health maintenance organization may assume a subordinated liability for repayment of a loan or advance described by Section 427.051 and payment ...
- Texas Insurance Code Section 427.053 - Approval Of Agreement Required
(a) An insurer or health maintenance organization must submit the written agreement under Section 427. 052 to the commissioner for approval of the form and ...
- Texas Insurance Code Section 427.054 - Liability
(a) A loan or advance made under this chapter, including any interest accruing on the loan or advance, is a legal liability of the insurer ...
- Texas Insurance Code Section 427.055 - Payment Of Principal Or Interest On Certain Liabilities
(a) An insurer or health maintenance organization may not pay principal or interest on a subordinated liability assumed under Section 427.052 or Subchapter C, Chapter ...
- Texas Insurance Code Section 441.001 - Findings And Purpose
(a) An insurer delinquency, or the state's inability to properly proceed in a threatened delinquency, directly or indirectly affects other insurers by creating a lack ...
- Texas Insurance Code Section 441.002 - Definition
In this chapter, unless the purposes of this chapter clearly require or the context clearly indicates another meaning, "insurer" means a person, organization, or company, ...
- Texas Insurance Code Section 441.003 - Applicability Of And Compliance With Chapter
Compliance with this chapter is a condition of engaging in the business of insurance in this state. This chapter applies to, and is a consequence ...
- Texas Insurance Code Section 441.004 - Actions Of Commissioner
(a) In the event of an insurer's delinquency or suspected delinquency, the commissioner, in the commissioner's administrative discretion, may act under this chapter, another applicable ...
- Texas Insurance Code Section 441.005 - Rules; Authority For Administrative Action
(a) The commissioner may: (1) adopt reasonable rules as necessary to implement and supplement this chapter and the purposes of this chapter; and (2) take ...
- Texas Insurance Code Section 441.006 - Rules And Procedures For Merger Of Insurers
(a) The commissioner shall adopt rules that encourage the merger of insurers in weak financial condition with insurers in strong financial condition in cases in ...
- Texas Insurance Code Section 441.007 - Conflict With Other Laws
If this chapter conflicts with any other law, this chapter prevails. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 441.008 - Inapplicability Of Certain Administrative Procedure Provisions
Section 2001.062, Government Code, does not apply to a hearing conducted under this chapter. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. ...
- Texas Insurance Code Section 441.051 - Circumstances Constituting Insolvency Or Delinquency
For the purposes of this chapter, the circumstances in which an insurer is considered insolvent, delinquent, or threatened with delinquency include circumstances in which the ...
- Texas Insurance Code Section 441.052 - Circumstances Constituting Insurer Exceeding Powers
For the purposes of this chapter, the circumstances in which an insurer is considered to have exceeded the insurer's powers include circumstances in which the ...
- Texas Insurance Code Section 441.053 - Notice To Insurer
(a) If at any time the commissioner determines that an insurer is insolvent, has exceeded the insurer's powers, or has otherwise failed to comply with ...
- Texas Insurance Code Section 441.101 - Appointment Of Supervisor
The commissioner may appoint a supervisor to supervise an insurer. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 441.102 - Time For Compliance With Requirements Of Supervision
An insurer under supervision must comply with the commissioner's requirements under Section 441.053 not later than the 180th day after the date of the commissioner's ...
- Texas Insurance Code Section 441.103 - Payment Of Claims
An insurer under supervision shall continue to pay claims under an insurance policy according to the terms of the policy. Added by Acts 2005, 79th ...
- Texas Insurance Code Section 441.104 - Prohibited Acts During Supervision
During supervision, the commissioner may prohibit the insurer from taking any of the following actions without the prior approval of the commissioner or supervisor: (1) ...
- Texas Insurance Code Section 441.105 - Hearing On Supervision; Termination By Conservation Or Release
(a) On the commissioner's own motion or the motion of a party of record, a hearing may be scheduled relating to an insurer under supervision ...
- Texas Insurance Code Section 441.151 - Appointment Of Conservator
(a) The commissioner may appoint a conservator for an insurer: (1) if: (A) after notice and opportunity for hearing, it is determined that the insurer: ...
- Texas Insurance Code Section 441.152 - Notice Of Conservatorship
(a) Not later than the seventh day after the date the commissioner enters an order appointing a conservator for an insurer as provided by Section ...
- Texas Insurance Code Section 441.153 - Powers And Duties Of Conservator
(a) The conservator appointed for an insurer under Section 441.151 shall immediately take charge of the insurer and all of the insurer's property, books, records, ...
- Texas Insurance Code Section 441.154 - Payment Of Claims
An insurer under conservatorship shall continue to pay claims under an insurance policy according to the terms of the policy. Added by Acts 2005, 79th ...
- Texas Insurance Code Section 441.155 - Reinsurance During Conservatorship
(a) If during a conservatorship it appears that the interest of the insurer's policyholders or certificate holders is best protected by reinsuring the policies or ...
- Texas Insurance Code Section 441.156 - Hearings During Conservatorship
(a) On the commissioner's own motion or the motion of a party of record, a hearing relating to an insurer in conservatorship may be scheduled ...
- Texas Insurance Code Section 441.157 - Immunity
A conservator and the conservator's agents and employees are not liable, and a cause of action does not arise against the conservator or an agent ...
- Texas Insurance Code Section 441.158 - Venue
(a) A suit against an insurer in conservatorship or against the conservator may be filed only in Travis County unless the cause of action is ...
- Texas Insurance Code Section 441.159 - Duration Of Conservatorship
(a) Except as provided by Subsection (b), a conservator appointed under this chapter shall complete the conservator's duties as required by this chapter not later ...
- Texas Insurance Code Section 441.160 - Return To Management
An insurer that is rehabilitated shall be returned to management or placed under new management under reasonable conditions that best tend to prevent defeat of ...
- Texas Insurance Code Section 441.201 - Confidentiality
(a) Hearings and orders, notices, correspondence, reports, records, and other information in the department's possession relating to the supervision or conservatorship of an insurer are ...
- Texas Insurance Code Section 441.202 - Costs Of Supervision And Conservatorship
The commissioner shall determine the costs related to services provided by a supervisor or conservator under this chapter. Subject to Section 442.551, the costs shall ...
- Texas Insurance Code Section 441.203 - Collection Of Fees From Rehabilitated Insurer
(a) The commissioner may collect fees from an insurer described by Section 82.002 that is successfully rehabilitated by the commissioner. The fees must be in ...
- Texas Insurance Code Section 441.204 - Review And Stay Of Certain Acts Of Supervisor Or Conservator
(a) An insurer under supervision or conservatorship may request the commissioner or, in the commissioner's absence, the commissioner's appointed deputy to review an action taken ...
- Texas Insurance Code Section 441.205 - Appeal Of Certain Orders
The following orders of the commissioner may be appealed under Subchapter D, Chapter 36: (1) an order appointing a supervisor and providing that the insurer ...
- Texas Insurance Code Section 441.206 - Ex Parte Meeting With Commissioner
Notwithstanding any other law, the commissioner may, at the time of any proceeding or while a proceeding is pending under this chapter, meet with a ...
- Texas Insurance Code Section 441.207 - Insurer Employees During Supervision Or Conservatorship
(a) Notwithstanding any other provision of this chapter, an insurer may employ an attorney, actuary, and accountant of the insurer's choice to assist the insurer ...
- Texas Insurance Code Section 441.251 - Applicability
This chapter applies to an insurer engaged in the business of insurance in this state but not domiciled in this state, regardless of whether the ...
- Texas Insurance Code Section 441.252 - Appointment Of Ancillary Supervisor Or Conservator
(a) The commissioner may appoint an ancillary supervisor or ancillary conservator for the assets located in this state of an insurer described by Section 441.251 ...
- Texas Insurance Code Section 441.253 - Powers And Duties Of Ancillary Supervisor Or Conservator
(a) An ancillary supervisor or ancillary conservator appointed under this subchapter has all the powers provided by Sections 441.153 and 441.155 with respect to the ...
- Texas Insurance Code Section 441.254 - Failure To Comply With Requirements Of Supervision
The failure of an insurer described by Section 441.251 to comply during supervision with the requirements of Section 441.104 with respect to any asset or ...
- Texas Insurance Code Section 441.255 - Referral For Remedial Action
The commissioner may refer an insurer described by Section 441.251 to the attorney general for remedial action, including application for appointment of a receiver under ...
- Texas Insurance Code Section 441.301 - Remedial Action By Attorney General
(a) The commissioner may, at any time and regardless of whether an insurer is under supervision or conservatorship, determine that the insurer is not in ...
- Texas Insurance Code Section 441.302 - Forfeiture And Cancellation Of Charter On Conclusion Of Business
(a) Once all an insurer's policies are reinsured or terminated and the insurer's affairs are concluded as provided by this chapter, the commissioner shall report ...
- Texas Insurance Code Section 441.351 - Agents Of Record
(a) Unless otherwise prohibited, the supervisor, conservator, or receiver of an insurer shall provide to the insured's agent of record a copy of each communication ...
- Texas Insurance Code Section 442.001 - Definitions
(a) In this chapter: (1) "Assets" means all property, whether specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons ...
- Texas Insurance Code Section 442.002 - Liquidation Oversight Division Employees
The employees of the commissioner acting as receiver are employees of the department for the purposes of: (1) reporting payroll information to the uniform statewide ...
- Texas Insurance Code Section 442.003 - Oversight Of Special Deputy Receivers And Guaranty Associations
The commissioner shall oversee special deputy receivers and guaranty associations. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 442.004 - Conflict With Other Law
If this chapter conflicts with any other law, this chapter prevails. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 442.051 - Receiver
If, under a law of this state, a court of competent jurisdiction finds that a receiver should take charge of the assets of an insurer ...
- Texas Insurance Code Section 442.052 - Appointment Of Special Deputy Receiver
(a) The commissioner may appoint, set the compensation of, and contract with one or more qualified special deputy receivers to act for the commissioner under ...
- Texas Insurance Code Section 442.053 - Performance Bond Required
A special deputy receiver must file with the commissioner a bond that is: (1) in an amount established by the commissioner; (2) payable to the ...
- Texas Insurance Code Section 442.054 - Powers Of Special Deputy Receiver
(a) Unless restricted by the commissioner, a special deputy receiver has all the powers of a receiver granted under this code and may perform any ...
- Texas Insurance Code Section 442.055 - Receiver Considered To Act On Behalf Of Receivership Estate
(a) In performing the duties of receiver under this chapter, the commissioner, a special deputy receiver, or an agent or employee of the commissioner or ...
- Texas Insurance Code Section 442.056 - Immunity
(a) The following persons are not liable, and a cause of action does not arise against any of the following persons, for a good faith ...
- Texas Insurance Code Section 442.101 - Venue
Exclusive venue of delinquency proceedings is in Travis County. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 442.102 - Rights And Liabilities Established As Of Date Delinquency Proceeding Begins
Except as otherwise directed by the court or expressly provided by this chapter, the rights and liabilities of an insurer that is the subject of ...
- Texas Insurance Code Section 442.103 - Title To Assets; Priority Of Receiver's Rights
(a) The assets of an insurer that is the subject of a delinquency proceeding are in the custody of the court as of the date ...
- Texas Insurance Code Section 442.104 - Duty Of Receiver To Take Possession Of Assets; Inventory
(a) The receiver shall promptly take possession of the assets of an insurer that is the subject of a delinquency proceeding and, as the court ...
- Texas Insurance Code Section 442.105 - Authority To Require Bond To Protect Assets
The court may require: (1) the receiver to provide one or more bonds; and (2) if considered desirable by the court for the protection of ...
- Texas Insurance Code Section 442.106 - Delivery Of Property And Records To Receiver
(a) The officers, directors, shareholders, members, trustees, managing general agents, agents, administrators, claims adjusters, managers, attorneys-in-fact, and associate, deputy, or substitute attorneys-in-fact of a delinquent ...
- Texas Insurance Code Section 442.107 - Duty Of Receiver To Conduct Insurer's Business
(a) On taking possession of the assets of a delinquent insurer, the receiver shall, subject to the direction of the court, immediately begin conducting the ...
- Texas Insurance Code Section 442.108 - Disposal Of Property; Settling Of Claims
(a) Except as provided by Subsection (b), the receiver may, subject to the approval of the court: (1) sell or otherwise dispose of all or ...
- Texas Insurance Code Section 442.109 - Borrowing On Pledge Of Assets
(a) To facilitate the rehabilitation, liquidation, conservation, or dissolution of an insurer under this chapter, the receiver may, subject to the approval of the court: ...
- Texas Insurance Code Section 442.110 - Depositories; Accounting
(a) Except as otherwise provided by this section, the receiver shall promptly deposit all money collected into the Texas Treasury Safekeeping Trust Company in accordance ...
- Texas Insurance Code Section 442.111 - Reports On Status Of Proceeding
The receiver shall: (1) file with the department on the department's request reports showing the operation, receipts, expenditures, and general condition of any insurer of ...
- Texas Insurance Code Section 442.112 - Business Plan Reports; Other Periodic Reports
(a) A special deputy receiver shall submit a monthly written report to the court and the commissioner that states the special deputy receiver's business plan ...
- Texas Insurance Code Section 442.113 - Report To Insurance Fraud Unit
A special deputy receiver shall report to the insurance fraud unit any information discovered in the administration of a receivership relating to possible fraudulent, deceptive, ...
- Texas Insurance Code Section 442.114 - Payment Of Liquidation Expenses; Objection
(a) The commissioner or special deputy receiver shall pay the compensation of the special deputy receiver and all other expenses of a liquidation out of ...
- Texas Insurance Code Section 442.115 - Injunctions And Other Orders
(a) On application by the receiver, the receivership court, with or without notice, may issue: (1) an injunction restraining the insurer named in the order, ...
- Texas Insurance Code Section 442.116 - Effect Of Injunction Or Order: Denial Of Claims And Other Demands
The receiver for an insurer may deny a claim, judgment, lien, preference, or demand made or obtained against the insurer or the receiver after the ...
- Texas Insurance Code Section 442.117 - Other Pending Actions; Immunity
(a) A judgment or order of a court of this state or of another jurisdiction in an action pending by or against a delinquent insurer ...
- Texas Insurance Code Section 442.118 - Extension Of Time For Pleading; Inapplicability Of Certain Laws
(a) The receiver is not required to plead to any action in which the receiver is a proper plaintiff or defendant in any court in ...
- Texas Insurance Code Section 442.119 - Exclusive Jurisdiction Of Other Actions
The court of competent jurisdiction of the county in which the delinquency proceeding is pending has exclusive venue to hear and determine all actions or ...
- Texas Insurance Code Section 442.151 - Subpoena Authority
The receiver may request the court to issue ex parte a subpoena to compel the attendance and testimony of a witness before the receiver and ...
- Texas Insurance Code Section 442.152 - Service Of Subpoena
A subpoena issued under this subchapter may be served, at the receiver's discretion, by the receiver, the receiver's authorized agent, a sheriff, or a constable. ...
- Texas Insurance Code Section 442.153 - Enforcement Of Subpoena
(a) On application of the receiver in the case of disobedience of a subpoena or the contumacy of a witness appearing before the receiver or ...
- Texas Insurance Code Section 442.154 - Compensation For Attendance
(a) A witness who is not a party and who is required to appear before the receiver is entitled to receive: (1) reimbursement for mileage ...
- Texas Insurance Code Section 442.155 - Use As Evidence
(a) On certification by the receiver or commissioner under official seal, any book, account, paper, correspondence, document, or other record produced or testimony taken under ...
- Texas Insurance Code Section 442.156 - Protective Orders
A person served with a subpoena under this subchapter may file a motion with the court for a protective order as provided by Rule 192.6, ...
- Texas Insurance Code Section 442.201 - Proof Of Claim Required; Deadline
(a) If a liquidation, rehabilitation, or conservation order has been entered in a delinquency proceeding, each person who may have a claim against the insurer ...
- Texas Insurance Code Section 442.202 - Form And Content Of Proof Of Claim
(a) A proof of claim must be in writing and signed by the claimant and must include: (1) a statement of the claim; (2) a ...
- Texas Insurance Code Section 442.203 - Unliquidated Or Undetermined Claim Or Demand
(a) A claim based on an unliquidated or undetermined demand must be presented within the time limit provided by this chapter for presenting a claim. ...
- Texas Insurance Code Section 442.204 - Third-Party Claims And Demands
(a) If a court has entered a liquidation, rehabilitation, or conservation order in a delinquency proceeding, a person who has a cause of action against ...
- Texas Insurance Code Section 442.205 - Offsets
(a) Except as provided by Subsection (b), the receiver shall set off mutual debts and mutual credits arising out of one or more contracts between ...
- Texas Insurance Code Section 442.206 - Approval Or Rejection Of Claim
(a) The receiver may approve or reject a claim filed against the insurer. (b) On a rejection of a claim in whole or in part, ...
- Texas Insurance Code Section 442.207 - Appeal Of Receiver's Rejection Of Claim
(a) The receiver's rejection of a claim may be appealed in the court. The appeal must be brought within three months after the date of ...
- Texas Insurance Code Section 442.208 - Objection To Claim By Interested Party
(a) An interested party may object to a claim not rejected by the receiver by filing an objection with the receiver. (b) The receiver shall ...
- Texas Insurance Code Section 442.209 - Referral Of Claim To Guaranty Association
Notwithstanding any other provision of this chapter, the receiver shall refer a claim covered by a guaranty fund created under Chapter 462, 463, or 2602 ...
- Texas Insurance Code Section 442.210 - Workers' Compensation Claims
(a) The receiver shall notify the Texas Workers' Compensation Commission immediately on a finding of insolvency or impairment with regard to an insurance company that ...
- Texas Insurance Code Section 442.251 - Certain Transfers Or Liens Voidable
A transfer of or lien on the assets of an insurer is voidable if the transfer or lien was: (1) made or created: (A) within ...
- Texas Insurance Code Section 442.252 - Personal Liability For Voidable Transfer Or Lien
(a) The following persons are personally liable for the property of the insurer or the benefit of that property received as a result of a ...
- Texas Insurance Code Section 442.253 - Avoidance Of Transfer Or Lien; Recovery Of Property
The receiver may: (1) avoid a transfer of or lien on the assets of an insurer that a creditor, shareholder, or member of the insurer ...
- Texas Insurance Code Section 442.301 - Application For Assessment
(a) Not later than the fourth anniversary of the date of an order of rehabilitation or liquidation of a domestic insurer, the receiver may apply ...
- Texas Insurance Code Section 442.302 - Levy
(a) After giving notice in the manner designated by the court to each member or insured described by Section 442.301, the court shall consider the ...
- Texas Insurance Code Section 442.303 - Collection
After the court enters an order of assessment under Section 442.302 and after the time for appeal expires, the receiver shall collect the assessments. The ...
- Texas Insurance Code Section 442.304 - Subchapter Not Exclusive
The provisions of this subchapter are in addition to any other remedies for the levy and collection of assessments. Added by Acts 2005, 79th Leg., ...
- Texas Insurance Code Section 442.351 - Reinsurer's Liability
(a) If the receiver has a claim under an insurance policy covered by reinsurance, the liability of the reinsurer to the receiver under the reinsured ...
- Texas Insurance Code Section 442.352 - Notice Of Claim To Reinsurer; Interposition Of Defense
(a) Within a reasonable time after a claim against the receiver under an insurance policy covered by reinsurance is filed in the delinquency proceeding, the ...
- Texas Insurance Code Section 442.401 - Use Of Records And Other Information As Evidence
(a) A book, paper, document, or record of a delinquent insurer received by the receiver and held in the course of the delinquency proceeding or ...
- Texas Insurance Code Section 442.402 - Certificates By Receiver
(a) The receiver may: (1) certify to the correctness of a book, paper, document, or record of the receiver's office, including a book, paper, document, ...
- Texas Insurance Code Section 442.403 - Maintenance Of Records
(a) The receiver may devise a method for the effective, efficient, and economical maintenance of the records of the delinquent insurer and of the receiver's ...
- Texas Insurance Code Section 442.404 - Disposal Of Records
On approval by the court, the receiver may dispose of any records of the delinquent insurer that are obsolete and unnecessary to the continued administration ...
- Texas Insurance Code Section 442.405 - Inapplicability Of Public Information Law
Chapter 552, Government Code, does not apply to any record of a receivership estate, or to any record of an insurer before the insurer's receivership, ...
- Texas Insurance Code Section 442.451 - Audits Or Investigations Of Receiver, Special Deputy Receiver, Or Guaranty Association
(a) The commissioner shall adopt rules, after submitting the rules to the state auditor for review and comment, prescribing the audits required for the receiver ...
- Texas Insurance Code Section 442.452 - Plan And Report Regarding Audit Of Receiver
(a) The state auditor may conduct an audit of the receiver in accordance with the audit plan under Chapter 321, Government Code. The state auditor ...
- Texas Insurance Code Section 442.453 - Court-Ordered Audit
(a) A court in which a receivership action is pending may order an audit of the books and records of the receiver relating to the ...
- Texas Insurance Code Section 442.501 - Application For Approval Of Proposal To Distribute Assets
(a) Not later than the 120th day after the date of the commencement of an insolvency proceeding against an impaired insurer, the receiver may apply ...
- Texas Insurance Code Section 442.502 - Contents Of Proposal To Distribute Assets
(a) A proposal to distribute assets under Section 442.501 must include provisions for: (1) reserving amounts sufficient to allow the payment of Class 1 claims; ...
- Texas Insurance Code Section 442.503 - Notice Of Application
(a) The receiver shall give notice of an application for approval of a proposal to distribute assets to a guaranty association or foreign guaranty association ...
- Texas Insurance Code Section 442.551 - Priority Of Claims For Distribution Of Assets
(a) The priorities provided by this section are established to: (1) provide for the orderly liquidation of a receivership estate; and (2) further the protection ...
- Texas Insurance Code Section 442.552 - Payment Of Wages Of Employees Of Insurer Subject To Temporary Restraining Order
(a) The receiver shall pay as a Class 1 claim under Section 442.551 wages owed to employees of an insurer against which a temporary restraining ...
- Texas Insurance Code Section 442.553 - Payment Of Wages Of Employees Of Insurer Subject To Temporary Injunction
(a) The receiver may pay wages owed to employees of an insurer against which a temporary injunction has been issued under this chapter for services ...
- Texas Insurance Code Section 442.554 - Secured Creditor
(a) The owner of a secured claim against an insurer for which a receiver has been appointed in any state may surrender the owner's security ...
- Texas Insurance Code Section 442.555 - Dividend Payments
(a) On the direction and approval of the court and in accordance with the priorities provided by this subchapter, the receiver may make periodic dividend ...
- Texas Insurance Code Section 442.556 - Claimants Of Other States Or Foreign Countries
(a) If a claimant of another state or of a foreign country is entitled to or receives a dividend on the claim out of a ...
- Texas Insurance Code Section 442.557 - Setoff Of Dividend Amount
On the declaration of a dividend, the receiver shall apply the amount of the dividend against any debt owed to the insurer by the person ...
- Texas Insurance Code Section 442.558 - Claims Under Separate Accounts Established By Domestic Life Insurance Companies
(a) Each claim under a separate account established under Chapter 1152 shall be satisfied out of the portion of the assets in the separate account ...
- Texas Insurance Code Section 442.559 - Interest
Interest does not accrue on a claim after the date of the commencement of a delinquency proceeding. Added by Acts 2005, 79th Leg., ch. 727, ...
- Texas Insurance Code Section 442.601 - Delivery Of Unclaimed Money To Department
(a) Except as provided by Subsection (b), any unclaimed dividend on an approved claim, unclaimed returned assessment, or other unclaimed money that is subject to ...
- Texas Insurance Code Section 442.602 - Recovery Of Unclaimed Money By Owner
(a) On receipt of satisfactory written and verified proof of ownership not later than the second anniversary of the date money is deposited with the ...
- Texas Insurance Code Section 442.603 - Application For Declaration Of Abandonment Of Money; Notice
(a) After money deposited with the comptroller under Section 442.601 has remained unclaimed for two years, the receiver may initiate an action to declare the ...
- Texas Insurance Code Section 442.604 - Hearing On Application For Declaration Of Abandonment Of Money; Judgment
(a) At a hearing on an application filed under Section 442.603, proof to the satisfaction of the court of the following is prima facie evidence ...
- Texas Insurance Code Section 442.605 - Use Of Certain Unliquidated Assets; Deposit Of Proceeds In Trust
(a) Any assets other than cash that remain in the possession of the receiver after payment of the final dividend in a receivership estate may ...
- Texas Insurance Code Section 442.606 - Application For Declaration Of Abandonment Of Proceeds In Trust; Notice And Hearing
(a) On application by the commissioner and after notice and hearing, a court of competent jurisdiction of Travis County may make an order directing disposition ...
- Texas Insurance Code Section 442.607 - Use Of Abandoned Money
(a) The receiver, with the consent of the department, may spend money deposited by the department under Sections 442.604 and 442.606 to: (1) pay expenses ...
- Texas Insurance Code Section 442.651 - Transfer Of Remaining Assets Of Stock Insurance Company To Agent
(a) After the receiver has provided for unclaimed dividends and all of the liabilities of a stock insurance company, the receiver shall call a meeting ...
- Texas Insurance Code Section 442.652 - Disposal Of Remaining Assets Of Insurer Other Than Stock Insurance Company
After the receiver has provided for unclaimed dividends and all of the liabilities of an insurer other than a stock insurance company, the receiver shall ...
- Texas Insurance Code Section 442.653 - Transfer Of Remaining Assets Of Insurer To Guaranty Association
(a) Notwithstanding any other provision of this chapter, in closing a receivership estate, a special deputy receiver, on approval of the court, may transfer any ...
- Texas Insurance Code Section 442.701 - Limitation On Duration Of Receivership
(a) Except as otherwise provided by this section, each receivership or other delinquency proceeding prescribed by this chapter shall be administered in accordance with Section ...
- Texas Insurance Code Section 442.702 - Reopening Of Receivership
(a) If after the receivership has been closed by final order of the court the receiver discovers assets not known to the receiver during the ...
- Texas Insurance Code Section 442.751 - Appointment Of Ancillary Receiver
(a) On the petition of the department, a court of competent jurisdiction in this state shall appoint the commissioner as ancillary receiver in this state ...
- Texas Insurance Code Section 442.752 - Powers And Duties Of Ancillary Receiver
(a) The ancillary receiver is entitled to sue for and possess the assets of the insurer in this state and has the same powers and ...
- Texas Insurance Code Section 442.753 - Coordination With Receiver In Other State
If a receiver of a delinquent insurer has been appointed both in this state and in another state, the receiver in this state may, under ...
- Texas Insurance Code Section 442.754 - Applicability Of Chapter To Ancillary Delinquency Proceedings
The conduct of ancillary delinquency proceedings under this subchapter is subject to the other provisions of this chapter. Added by Acts 2005, 79th Leg., ch. ...
- Texas Insurance Code Section 442.801 - Required Contract Provision
An agency contract entered into on or after August 27, 1973, by an insurer writing fire and casualty insurance in this state must contain, or ...
- Texas Insurance Code Section 442.802 - Disposition Of Premiums
(a) On or after the cancellation date of insurance policies as stated in the court's order canceling the policies, the agent shall promptly account to ...
- Texas Insurance Code Section 442.803 - Effect Of Subchapter On Action By Receiver Against Agent
This subchapter does not prejudice a cause of action by the receiver against an agent to recover: (1) unearned premiums that were not returned to ...
- Texas Insurance Code Section 442.804 - Agent Not Receiver's Agent
This subchapter does not render the agent an agent of the receiver for earned or unearned premiums. Added by Acts 2005, 79th Leg., ch. 727, ...
- Texas Insurance Code Section 461.001 - Applicability Of Chapter
(a) Except as provided by Subsection (b), this chapter applies to an insurance policy, contract, certificate, evidence of coverage, or application delivered or issued for ...
- Texas Insurance Code Section 461.002 - Disclosure Of Guaranty Fund Nonparticipation
(a) Each insurance policy, contract, certificate, evidence of coverage, or application subject to this chapter must include a statement that, if the insurer is unable ...
- Texas Insurance Code Section 461.003 - Form Of Statement; Prohibition
(a) The commissioner by rule shall promulgate the statement that an insurer must use to comply with this chapter. (b) An insurer may not include ...
- Texas Insurance Code Section 462.001 - Short Title
This chapter may be cited as the Texas Property and Casualty Insurance Guaranty Act. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. ...
- Texas Insurance Code Section 462.002 - Purposes
The purposes of this chapter are to: (1) provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay ...
- Texas Insurance Code Section 462.003 - Construction
This chapter shall be liberally construed to implement the purposes of this chapter described by Section 462.002, which shall be used to aid and guide ...
- Texas Insurance Code Section 462.004 - General Definitions
In this chapter: (1) "Affiliate" means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common ...
- Texas Insurance Code Section 462.005 - Description Of Control
(a) For purposes of this chapter, control is the power to direct, or cause the direction of, the management and policies of a person, other ...
- Texas Insurance Code Section 462.006 - Net Direct Written Premiums
(a) Except as provided by Subsection (b) and subject to Subsection (c), in this chapter, "net direct written premiums" means direct premiums written in this ...
- Texas Insurance Code Section 462.007 - Applicability In General; Exceptions
(a) Except as provided by Subsection (b), this chapter applies to each kind of direct insurance. (b) Except as provided by Subchapter F, this chapter ...
- Texas Insurance Code Section 462.008 - Applicability To Texas Mutual Insurance Company
(a) This chapter applies to insurance written through the Texas Mutual Insurance Company only as provided by this section. (b) This chapter applies to the ...
- Texas Insurance Code Section 462.009 - Applicability To Former Texas Workers' Compensation Insurance Facility And Successor
(a) Notwithstanding any other provision of this chapter, this chapter applies to each insurance policy issued under Article 5.76 or 5.76-2, as those articles existed ...
- Texas Insurance Code Section 462.010 - Conflict With Other Laws
(a) Except as provided by Subsection (b), if this chapter conflicts with another statute relating to the association, this chapter controls. (b) This section does ...
- Texas Insurance Code Section 462.011 - Immunity In General
(a) Liability does not exist and a cause of action does not arise against any of the following persons for any good faith act or ...
- Texas Insurance Code Section 462.012 - Immunity In Relation To Certain Reports And Recommendations
Liability does not exist and a cause of action does not arise against any of the following persons for a statement made in good faith ...
- Texas Insurance Code Section 462.013 - Immunity In Relation To Certain Negotiations
(a) Liability does not exist and a cause of action does not arise against any of the following persons for an act or omission in ...
- Texas Insurance Code Section 462.014 - Rules
The commissioner shall adopt reasonable rules as necessary to implement and supplement this chapter and this chapter's purposes. Added by Acts 2005, 79th Leg., ch. ...
- Texas Insurance Code Section 462.015 - Information Provided By Or To Commissioner
(a) The commissioner shall notify the association of the existence of an impaired insurer not later than the third day after the date the commissioner ...
- Texas Insurance Code Section 462.016 - Penalty For Failure To Pay Assessments Or Comply With Plan Of Operation
(a) The commissioner shall suspend or revoke, after notice and hearing, the certificate of authority to engage in the business of insurance in this state ...
- Texas Insurance Code Section 462.017 - Appeals And Other Actions
(a) A final action or order of the commissioner under this chapter is subject to judicial review by a court. (b) Venue in a suit ...
- Texas Insurance Code Section 462.051 - Association As Legal Entity; Membership
(a) The Texas Property and Casualty Insurance Guaranty Association is a nonprofit unincorporated legal entity. (b) The association is composed of all member insurers. A ...
- Texas Insurance Code Section 462.052 - Board Of Directors
(a) The association's powers are exercised through a board of directors consisting of nine individuals. (b) Member insurers shall select five insurance industry board members, ...
- Texas Insurance Code Section 462.053 - Eligibility To Serve As Public Representative
A board member who is a public representative may not be: (1) an officer, director, or employee of an insurer, insurance agency, agent, broker, adjuster, ...
- Texas Insurance Code Section 462.054 - Eligibility To Serve As Industry Representative
To be eligible to serve as an insurance industry board member, an individual must be a full-time employee of a member insurer. Added by Acts ...
- Texas Insurance Code Section 462.055 - Term; Vacancy
(a) A board member serves a term established by the plan of operation. (b) The remaining board members, by majority vote, shall fill a vacancy ...
- Texas Insurance Code Section 462.056 - Reimbursement Of Board Members
A board member may be reimbursed from the assets of the association for expenses the board member incurs as a board member. Added by Acts ...
- Texas Insurance Code Section 462.057 - Financial Statement Of Board Member
Each board member shall file with the Texas Ethics Commission a financial statement as provided by Subchapter B, Chapter 572, Government Code. Added by Acts ...
- Texas Insurance Code Section 462.058 - Conflict Of Interest
(a) A director of the association or a member insurer or other entity represented by the director may not receive money or another valuable thing ...
- Texas Insurance Code Section 462.059 - Meeting By Conference Call
(a) Notwithstanding Chapter 551, Government Code, the board may hold an open meeting by telephone conference call if immediate action is required and convening of ...
- Texas Insurance Code Section 462.101 - General Powers And Duties
(a) The association may: (1) employ or retain persons as necessary to handle claims and perform other duties of the association; (2) borrow money necessary ...
- Texas Insurance Code Section 462.102 - Association Not In Place Of Impaired Insurer
In performing the association's statutory obligations under this chapter, the association is not considered: (1) to be engaged in the business of insurance; (2) to ...
- Texas Insurance Code Section 462.103 - Plan Of Operation
(a) The association shall perform the association's functions under a plan of operation necessary or suitable to ensure the fair, reasonable, and equitable administration of ...
- Texas Insurance Code Section 462.104 - Notice To Insureds
(a) The commissioner may require that the association notify an impaired insurer's insureds and any other interested parties of: (1) the designation of impairment; and ...
- Texas Insurance Code Section 462.105 - Accounts
For purposes of administration and assessment, the association is divided into: (1) the workers' compensation insurance account; (2) the automobile insurance account; and (3) the ...
- Texas Insurance Code Section 462.106 - Administrative Expenses
(a) The association may use money in the administrative account to pay administrative costs and other general expenses of the association. (b) The association may ...
- Texas Insurance Code Section 462.107 - Examination Of Association
Not later than April 30 of each year, the association shall submit an audited financial statement for the preceding calendar year to the state auditor ...
- Texas Insurance Code Section 462.108 - Deposit Of Money
The board may deposit the money the association collects into the Texas Treasury Safekeeping Trust Company in accordance with procedures established by the comptroller. The ...
- Texas Insurance Code Section 462.109 - Delegation Of Powers And Duties
(a) Except as provided by Subsection (b), the plan of operation may provide that, on approval of the board and the commissioner, the association may ...
- Texas Insurance Code Section 462.110 - Exemption From Certain Fees And Taxes
The association is exempt from payment of all fees and of all taxes levied by this state or a subdivision of this state, except taxes ...
- Texas Insurance Code Section 462.112 - Board Access To Records Of Impaired Insurer
The receiver or statutory successor of an impaired insurer covered by this chapter shall give the board or the board's representative: (1) access to the ...
- Texas Insurance Code Section 462.113 - Board Report On Conclusion Of Insolvency
On the conclusion of the insolvency of a domestic insurer with respect to which the association was obligated to pay covered claims, the board may: ...
- Texas Insurance Code Section 462.114 - Duty Of Receiver
The receiver shall periodically submit a list of claims to the association or similar organization in another state. Added by Acts 2005, 79th Leg., ch. ...
- Texas Insurance Code Section 462.151 - Making Of Assessment; Amount
(a) The association shall assess member insurers the amount necessary to pay: (1) the association's obligations under Section 462.302 and the expenses of handling covered ...
- Texas Insurance Code Section 462.152 - Maximum Total Assessment
(a) The total assessment of a member insurer in a year may not exceed an amount equal to two percent of the insurer's net direct ...
- Texas Insurance Code Section 462.153 - Refund Of Contribution
The association may refund to the member insurers in proportion to the contribution of each member insurer to the association the amount by which the ...
- Texas Insurance Code Section 462.154 - Notice Of Assessment
The association shall notify a member insurer of an assessment not later than the 30th day before the date the assessment is due. Added by ...
- Texas Insurance Code Section 462.155 - Deferment
(a) The association may defer wholly or partly an assessment of a member insurer that would cause the insurer's financial statement to show amounts of ...
- Texas Insurance Code Section 462.156 - Use Of Assessments
(a) The amounts provided under assessments made under this chapter supplement the marshalling of assets by the receiver under Chapter 442 to make payments on ...
- Texas Insurance Code Section 462.157 - Tax Credit
(a) An insurer is entitled to a credit against the insurer's premium tax under Chapter 221 for the total amount of an assessment paid by ...
- Texas Insurance Code Section 462.158 - Advance As Loan
Money advanced by the association under this chapter is considered a special fund loan to the impaired insurer for payment of covered claims and does ...
- Texas Insurance Code Section 462.159 - Estimate Of Additional Money Needed On Impairment Of Insurer
(a) If the commissioner determines that an insurer has become an impaired insurer, the association shall promptly estimate the amount of additional money, by lines ...
- Texas Insurance Code Section 462.160 - Assessment For Additional Money For Accounts
If the board determines that additional money is needed in any of the three accounts described by Section 462.105, the board shall make assessments as ...
- Texas Insurance Code Section 462.161 - Amount Of Assessment; Proration Of Payment
(a) The association, in determining the proportionate amount to be paid by individual insurers under an assessment under Section 462.160, shall consider the lines of ...
- Texas Insurance Code Section 462.162 - Maximum Assessment Of Insurer; Additional Assessment Authority Under Certain Circumstances
(a) Except as otherwise provided by this section, assessments under Section 462.160 during a calendar year may not exceed two percent of each insurer's net ...
- Texas Insurance Code Section 462.163 - Payment Of Assessment
An insurer shall pay the amount of an assessment under Section 462.160 or 462.162(b) to the association not later than the 30th day after the ...
- Texas Insurance Code Section 462.164 - Participation Receipts
(a) On receipt from a member insurer of payment of an assessment or partial assessment under Section 462.160 or 462.162(b), the association shall provide the ...
- Texas Insurance Code Section 462.165 - Accounting; Reports; Refund
(a) The association, with respect to an impaired insurer, shall adopt accounting procedures that reflect the use of all money and shall make a final ...
- Texas Insurance Code Section 462.166 - Use Of Excess Money In Account
(a) If the association determines that money in the account described by Section 462.164(b) for a line of business exceeds the amount reasonably necessary for ...
- Texas Insurance Code Section 462.167 - Collection Of Assessments
(a) The commissioner may collect an assessment on behalf of the association through a suit brought for that purpose. (b) Venue for a suit under ...
- Texas Insurance Code Section 462.168 - Exemption For Impaired Insurer
An impaired insurer is exempt from assessment from the date the insurer is designated an impaired insurer until the date the commissioner determines that the ...
- Texas Insurance Code Section 462.201 - Covered Claims In General
A claim is a covered claim if: (1) the claim is an unpaid claim; (2) the claim is made under an insurance policy to which ...
- Texas Insurance Code Section 462.202 - Claim For Unearned Premiums
(a) A claim for unearned premiums is a covered claim. A covered claim for unearned premiums may not exceed $25,000. (b) With respect to a ...
- Texas Insurance Code Section 462.203 - Certain Expenses Of Receivership Or Conservatorship Estate Covered
An administration expense incurred in processing or paying a claim against a receivership or conservatorship estate is a covered claim if the impaired insurer has ...
- Texas Insurance Code Section 462.204 - Affiliate May Not Be Claimant
A person who is an affiliate of an impaired insurer may not be a claimant of the insurer. Added by Acts 2005, 79th Leg., ch. ...
- Texas Insurance Code Section 462.205 - Determination Of Residence Of Entities
A corporation or other entity that is not an individual is considered to be a resident of the state in which the entity's principal place ...
- Texas Insurance Code Section 462.206 - Claims Not Covered: Premium Under Retrospective Rating Plan
An amount sought as a return of premium under a retrospective rating plan is not a covered claim. Added by Acts 2005, 79th Leg., ch. ...
- Texas Insurance Code Section 462.207 - Claims Not Covered: Amounts Due Certain Entities
(a) Any amount due any reinsurer, insurer, self-insurer, insurance pool, or underwriting association, as a subrogation recovery, reinsurance recovery, contribution, or indemnification, or otherwise, is ...
- Texas Insurance Code Section 462.208 - Claims Not Covered: Supplementary Payment Obligations
A supplementary payment obligation, including an adjustment fee or expense, attorney's fee or expense, court cost, interest or penalty, or interest or bond premium, incurred ...
- Texas Insurance Code Section 462.209 - Claims Not Covered: Prejudgment Or Postjudgment Interest
Prejudgment or postjudgment interest that accrues after an insurer is determined to be an impaired insurer is not a covered claim. Added by Acts 2005, ...
- Texas Insurance Code Section 462.210 - Claims Not Covered: Certain Damages
A claim against the insured, insurer, guaranty association, receiver, special deputy receiver, or commissioner for recovery of punitive, exemplary, extracontractual, or bad-faith damages awarded in ...
- Texas Insurance Code Section 462.211 - Claims Not Covered: Late Filed Claims
(a) Notwithstanding any other provision of this chapter and except as provided by Subsection (b), a claim filed with the association on a date that ...
- Texas Insurance Code Section 462.212 - Net Worth Exclusion
(a) The association is not liable to pay a first-party claim of an insured whose net worth on December 31 of the year preceding the ...
- Texas Insurance Code Section 462.213 - Amount Of Individual Covered Claim; Limit
(a) Except as provided by Subsection (b) and Section 462.252, an individual covered claim may not exceed $300,000. (b) The association shall pay the full ...
- Texas Insurance Code Section 462.214 - Certain Shareholders' Claims: Limit
Notwithstanding any other provision of this chapter, the association's liability for shareholder derivative actions or other claims for economic loss incurred by a claimant in ...
- Texas Insurance Code Section 462.251 - Exhaustion Of Rights Under Other Policy Required
(a) Any person who has a claim under an insurance policy, other than an impaired insurer's policy, and whose claim arises from the same facts, ...
- Texas Insurance Code Section 462.252 - Reduction In Amount Of Covered Claim For Other Policy
(a) Except as provided by Subsection (b), an amount payable as a covered claim under this chapter is reduced by the full applicable limits of ...
- Texas Insurance Code Section 462.253 - Effect On Insured Of Reduction In Amount Of Covered Claim
To the extent that the association's obligation is reduced by the application of Sections 462.251 and 462.252, the liability of the person insured by the ...
- Texas Insurance Code Section 462.254 - Recovery From More Than One Guaranty Association
(a) Except as provided by Subsections (b) and (c), a person who has a claim that may be recovered from more than one insurance guaranty ...
- Texas Insurance Code Section 462.255 - Certain Claims Subject To Lien Or Subrogation; Limit On Total Recovery
(a) Notwithstanding Sections 462.252(c) and 462.254(e), if a claimant is seeking recovery of insurance policy benefits that, had the impaired insurer not been insolvent, would ...
- Texas Insurance Code Section 462.301 - General Powers And Duties Of Association In Connection With Payment Of Covered Claims
(a) The association shall investigate and adjust, compromise, settle, and pay covered claims to the extent of the association's obligation and deny all other claims. ...
- Texas Insurance Code Section 462.302 - Payment Of Covered Claims
(a) The association shall pay covered claims that exist before the designation of impairment or that arise: (1) not later than the 30th day after ...
- Texas Insurance Code Section 462.303 - Certain Determinations Not Binding
(a) The association is not bound by: (1) a judgment taken before the designation of impairment in which an insured under a liability insurance policy ...
- Texas Insurance Code Section 462.304 - Servicing Facility
(a) The association shall handle claims through the association's employees or through one or more insurers or other persons designated, subject to the approval of ...
- Texas Insurance Code Section 462.305 - Limitation Of Association's Liability
The association is not liable to an insured or liability claimant for the association's failure to settle a liability claim within the limits of a ...
- Texas Insurance Code Section 462.306 - Discharge Of Policy Obligation
(a) The association shall discharge an impaired insurer's policy obligations, including the duty to defend insureds under a liability insurance policy, to the extent that ...
- Texas Insurance Code Section 462.307 - Assignment Of Rights
(a) A person recovering under this chapter assigns to the association the person's rights: (1) under the insurance policy; and (2) to recover for the ...
- Texas Insurance Code Section 462.308 - Recovery From Certain Persons
(a) The association is entitled to recover the amount of a covered claim and the cost of defense paid under this chapter from the person ...
- Texas Insurance Code Section 462.309 - Stay Of Proceedings; Certain Decisions Not Binding
(a) To permit the association to properly defend a pending cause of action, a proceeding in which an impaired insurer is a party or is ...
- Texas Insurance Code Section 462.310 - Settlement By Association Binding; Priority Of Claim And Expenses
(a) The settlement of a covered claim by the association or a similar organization in another state binds the receiver or statutory successor of an ...
- Texas Insurance Code Section 462.311 - Report To Receiver
The association shall periodically file with the receiver of an impaired insurer a statement of covered claims paid by the association and an estimate of ...
- Texas Insurance Code Section 462.351 - Issuance Of Policies After Release From Receivership
(a) Except as provided by Subsection (b), an impaired insurer placed in receivership for which money has been advanced under this chapter may not be ...
- Texas Insurance Code Section 463.001 - Short Title
This chapter may be cited as the Life, Accident, Health, and Hospital Service Insurance Guaranty Association Act. Added by Acts 2005, 79th Leg., ch. 727, ...
- Texas Insurance Code Section 463.002 - Purpose
The purpose of this chapter is to protect, subject to certain limitations, a person specified by Section 463.201 against failure in the performance of a ...
- Texas Insurance Code Section 463.003 - Definitions
In this chapter: (1) "Association" means the Life, Accident, Health, and Hospital Service Insurance Guaranty Association. (2) "Board" means the board of directors of the ...
- Texas Insurance Code Section 463.004 - Construction
This chapter shall be liberally construed to implement the purpose of this chapter described by Section 463.002. Section 463.002 shall be used to aid and ...
- Texas Insurance Code Section 463.005 - Immunity
(a) The following persons are not liable, and a cause of action does not arise against any of the following persons, for a good faith ...
- Texas Insurance Code Section 463.006 - Rules
The commissioner shall adopt reasonable rules as necessary to carry out and supplement this chapter and the purposes of this chapter. Added by Acts 2005, ...
- Texas Insurance Code Section 463.051 - Purpose And Regulation Of Association
(a) The Life, Accident, Health, and Hospital Service Insurance Guaranty Association is a nonprofit legal entity existing to pay benefits and continue coverage as provided ...
- Texas Insurance Code Section 463.052 - Required Participation In Association
(a) As a condition of engaging in the business of insurance in this state, an insurer, including a mutual assessment company, a local mutual aid ...
- Texas Insurance Code Section 463.053 - Board Of Directors
(a) The association's powers are exercised through a board of directors consisting of nine individuals appointed by the commissioner as provided by this section. (b) ...
- Texas Insurance Code Section 463.054 - Eligibility To Serve As Public Representative
To be eligible to serve as a public representative, an individual may not: (1) be an officer, director, or employee of an insurer, insurance agency, ...
- Texas Insurance Code Section 463.055 - Term; Vacancy
(a) Board members serve staggered six-year terms, with the terms of three members expiring each odd-numbered year. A member may be reappointed. (b) A board ...
- Texas Insurance Code Section 463.056 - Compensation Of Board Members
A board member may not receive compensation from the association for the member's services but may be reimbursed from the association's assets for expenses incurred ...
- Texas Insurance Code Section 463.057 - Financial Statement Of Board Member
Each board member shall file with the Texas Ethics Commission a financial statement as provided by Subchapter B, Chapter 572, Government Code. Added by Acts ...
- Texas Insurance Code Section 463.058 - Conflict Of Interest
(a) In this section, "transaction on behalf of an impaired insurer" includes a reinsurance agreement, transaction, merger, purchase, sale, contribution, or exchange of assets, insurance ...
- Texas Insurance Code Section 463.101 - General Powers And Duties
(a) The association may: (1) enter into contracts as necessary or proper to carry out this chapter and the purposes of this chapter; (2) sue ...
- Texas Insurance Code Section 463.102 - Plan Of Operation; Amendments
(a) The association shall perform the association's functions under a plan of operation approved by the commissioner. The plan of operation must: (1) establish: (A) ...
- Texas Insurance Code Section 463.103 - Personnel
The association may employ or retain employees or contractors to handle the association's financial transactions and to perform other functions under this chapter. Added by ...
- Texas Insurance Code Section 463.104 - Association Records
(a) The association shall maintain a record of each negotiation or meeting in which the association or the association's representative discusses the association's activities in ...
- Texas Insurance Code Section 463.105 - Accounts
For the purposes of administration and assessment, the association shall maintain: (1) an accident, health, and hospital services insurance account; (2) a life insurance account; ...
- Texas Insurance Code Section 463.106 - Delegation Of Powers And Duties
(a) The plan of operation may provide that, on approval of the board and the commissioner, a power or duty of the association is delegated ...
- Texas Insurance Code Section 463.107 - Exemption From Taxation
The association is exempt from payment of all fees and all taxes levied by this state or a subdivision of this state, except taxes levied ...
- Texas Insurance Code Section 463.108 - Detection And Prevention Of Impairment And Insolvency
On a majority vote, the board: (1) may make recommendations to the commissioner for detecting and preventing insurer insolvencies; and (2) shall notify the commissioner ...
- Texas Insurance Code Section 463.109 - Association Appearance Before Court; Intervention
(a) The association may appear before a court in this state with jurisdiction over an impaired or insolvent insurer concerning which the association is or ...
- Texas Insurance Code Section 463.110 - Annual Report
Not later than the 120th day after the last day of each association fiscal year, the board shall submit to the commissioner: (1) a financial ...
- Texas Insurance Code Section 463.111 - Board And Association Advice And Assistance
(a) On a majority vote, the board may report and make recommendations to the commissioner on any matter germane to: (1) the solvency, liquidation, rehabilitation, ...
- Texas Insurance Code Section 463.112 - Board Access To Records
The receiver or statutory successor of an impaired insurer shall give the board or a representative of the board: (1) access to the insurer's records ...
- Texas Insurance Code Section 463.113 - Board Report At Conclusion Of Insolvency
(a) At the conclusion of an insurer insolvency in which the association was obligated to pay a covered claim, the board shall prepare and submit ...
- Texas Insurance Code Section 463.114 - Summary Document; Disclaimer
(a) The association shall prepare a summary document describing the general purposes and limitations of this chapter and amend the document as necessary to comply ...
- Texas Insurance Code Section 463.151 - Making And Payment Of Assessment
(a) The association shall assess member insurers, separately for each account under Section 463.105, in the amounts and at the times the board determines necessary ...
- Texas Insurance Code Section 463.152 - Classes Of Assessments
(a) Assessments are classified as Class A or Class B assessments. (b) Class A assessments are made to pay: (1) the association's administrative costs; (2) ...
- Texas Insurance Code Section 463.153 - Amount Of Assessments
(a) The board shall determine the amount of a Class A assessment for each account under Section 463.105, considering with respect to member insurers one ...
- Texas Insurance Code Section 463.154 - Deferment
The association may wholly or partly defer an assessment of a member insurer if the association believes payment of the assessment would endanger the ability ...
- Texas Insurance Code Section 463.155 - Deposit Of Assessments
The association may deposit assessments into the Texas Treasury Safekeeping Trust Company in accordance with procedures established by the comptroller. The comptroller shall account to ...
- Texas Insurance Code Section 463.156 - Certificate Of Contribution
The association shall issue to each member insurer that pays a Class B assessment a certificate of contribution, in a form the commissioner prescribes, for ...
- Texas Insurance Code Section 463.157 - Refunds
(a) The board may refund to member insurers the amount by which the association's assets, including any net realized gains and income from investments, exceed ...
- Texas Insurance Code Section 463.158 - Use Of Assessments
Money from assessments supplements the marshalling of an impaired insurer's assets to make payments on the insurer's behalf. Added by Acts 2005, 79th Leg., ch. ...
- Texas Insurance Code Section 463.159 - Failure To Pay; Collection By Commissioner
On failure of a member insurer to pay an assessment when due, the commissioner may either: (1) suspend or revoke, after notice and hearing, the ...
- Texas Insurance Code Section 463.160 - Premium Tax Credit For Class A Assessment
The amount of a Class A assessment paid by a member insurer shall be allowed as a credit on the amount of premium taxes due ...
- Texas Insurance Code Section 463.161 - Premium Tax Credit For Class B Assessment
(a) A member insurer is entitled to show as an admitted asset a certificate of contribution in the form the commissioner approves under Section 463.156. ...
- Texas Insurance Code Section 463.162 - Assignment Or Transfer Of Credit
(a) A member insurer may assign or transfer a credit against premium tax to another member insurer if: (1) an acquisition, merger, or total assumption ...
- Texas Insurance Code Section 463.163 - Insured's Liability Under Assessment Plan
This chapter does not reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment ...
- Texas Insurance Code Section 463.201 - Insureds Covered
(a) This chapter provides coverage for a policy described by Section 463.202 to a person who is: (1) subject to Subsection (b), an owner of ...
- Texas Insurance Code Section 463.202 - Policies And Contracts Covered
(a) Except as limited by this chapter, the coverage provided by this chapter to a person specified by Section 463.201 applies with respect to the ...
- Texas Insurance Code Section 463.203 - Policies And Contracts Excluded
(a) In this section, " Moody's Corporate Bond Yield Average" means the monthly average corporates as published by Moody's Investors Service, Inc., or any successor ...
- Texas Insurance Code Section 463.204 - Obligations Excluded
A contractual obligation does not include: (1) death benefits in an amount in excess of $300,000 or a net cash surrender or net cash withdrawal ...
- Texas Insurance Code Section 463.205 - Protection Provided By Other Jurisdiction
This chapter does not provide coverage for a resident with respect to an impaired or insolvent insurer domiciled in another jurisdiction if guaranty protection is ...
- Texas Insurance Code Section 463.251 - Impaired Domestic Insurer
(a) This section applies only to a member insurer that is an impaired domestic insurer. (b) With the commissioner's approval, the association may: (1) guarantee, ...
- Texas Insurance Code Section 463.252 - Impaired Domestic, Foreign, Or Alien Insurer Not Paying Claims
(a) This section applies only to a member insurer that: (1) is an impaired domestic, foreign, or alien insurer; and (2) is not timely paying ...
- Texas Insurance Code Section 463.253 - Insolvent Insurer
(a) This section applies only to a member insurer that is an insolvent insurer. (b) The association shall provide money, pledges, guarantees, or other means ...
- Texas Insurance Code Section 463.254 - Life Or Health Insurance Policies Or Contracts
(a) This section applies only when the association is taking an action under Section 463.252(b)(2) or 463.253 with respect to a life or health insurance ...
- Texas Insurance Code Section 463.255 - Policy Or Contract With Guaranteed Interest Rate
In taking an action under Section 463.252(b)(2) or 463.253 with respect to a policy or contract with a guaranteed minimum interest rate, the association shall ...
- Texas Insurance Code Section 463.256 - Alternative Policy
(a) An alternative policy issued by the association must: (1) be approved by the commissioner; (2) provide coverage of a kind that the association determines ...
- Texas Insurance Code Section 463.257 - Imposition Of Lien Or Moratorium
To carry out the association's duties under this chapter and with the court's approval, the association may: (1) impose a permanent policy or contract lien ...
- Texas Insurance Code Section 463.258 - Premium For Reissuance Of Terminated Coverage
If the association reissues terminated coverage at a premium different from the terminated policy's premium, the premium must: (1) reflect the amount of insurance provided ...
- Texas Insurance Code Section 463.259 - Premium Due During Receivership
After a court enters an order of receivership with respect to an insolvent insurer, a premium due for coverage issued by the insurer is owned ...
- Texas Insurance Code Section 463.260 - Limits On And Termination Of Association Obligation
(a) The association is not liable for benefits that exceed the contractual obligations for which the insurer is liable or would have been liable if ...
- Texas Insurance Code Section 463.261 - Assignment Of Rights
(a) A person receiving a benefit under this chapter, including a payment of or on account of a contractual obligation, continuation of coverage, or provision ...
- Texas Insurance Code Section 463.301 - Issuance Or Renewal Of Policies Following Conservatorship Or Receivership
(a) If an assessment has been made under this chapter for the insurer or guaranty fees have been provided for the insurer, an impaired insurer ...
- Texas Insurance Code Section 463.302 - Distributions To Shareholders And Affiliates
(a) An impaired or insolvent insurer may not make a distribution to shareholders until the association has recovered the total amount of valid claims for ...
- Texas Insurance Code Section 463.303 - Assets Attributable To Covered Policies
(a) For the purposes of this section, assets attributable to covered policies are the proportion of the assets that the reserves that should have been ...
- Texas Insurance Code Section 463.304 - Distribution Of Ownership Rights Of Insolvent Insurer
In making an equitable distribution of the ownership rights of an insolvent insurer before the termination of a receivership, the court: (1) shall consider the ...
- Texas Insurance Code Section 463.351 - Notice Of Commissioner Actions
(a) The commissioner shall: (1) notify the insurance officials of all the other states, territories of the United States, and the District of Columbia by ...
- Texas Insurance Code Section 463.352 - Advice From Board
The commissioner may seek the board's advice and recommendations on a matter affecting the commissioner's duties regarding the financial condition of: (1) a member insurer; ...
- Texas Insurance Code Section 463.353 - Examination
(a) The board by majority vote may request the commissioner to order an examination of a member insurer that the board in good faith believes ...
- Texas Insurance Code Section 463.354 - Demand To Cure Impairment
(a) When an impairment is declared and the amount of the impairment is determined, the commissioner shall serve a demand on the impaired insurer to ...
- Texas Insurance Code Section 463.355 - Failure To Comply With Plan Of Operation
On failure of a member insurer to comply with the plan of operation, the commissioner may suspend or revoke, after notice and hearing, the insurer's ...
- Texas Insurance Code Section 463.356 - Assumption Of Powers And Duties Of Association
The commissioner may assume the powers and duties of the association under this chapter with respect to impaired or insolvent insurers if the association does ...
- Texas Insurance Code Section 463.357 - Notification Of Effect Of Chapter
The commissioner, as receiver of an impaired insurer, may notify all interested persons of the effect of this chapter. Added by Acts 2005, 79th Leg., ...
- Texas Insurance Code Section 463.358 - Statement Of Premiums
On request, the commissioner shall provide the association with a statement of the premiums in this state and any other appropriate state for each member ...
- Texas Insurance Code Section 463.401 - Appeal To Commissioner
(a) Not later than the 60th day after the date of a final action of the association or the board, a member insurer may appeal ...
- Texas Insurance Code Section 463.402 - Venue
Venue for an action against the association under this chapter is in Travis County. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. ...
- Texas Insurance Code Section 463.403 - Appeal Bond
The association is not required to give an appeal bond in an appeal of a cause of action under this chapter. Added by Acts 2005, ...
- Texas Insurance Code Section 463.404 - Stay Of Proceedings; Certain Decisions Not Binding
(a) To permit the receiver or association to properly defend a pending cause of action, a proceeding in which an impaired insurer is a party ...
- Texas Insurance Code Section 463.451 - Prohibited Use Of Protection Provided By Chapter
(a) A person may not make, publish, disseminate, circulate, or place before the public, or directly or indirectly cause to be made, published, disseminated, circulated, ...
- Texas Insurance Code Section 481.001 - Deposit With Comptroller
(a) An insurer organized and engaged in business under this code that is required by another state, country, or province as a condition of engaging ...
- Texas Insurance Code Section 481.002 - Applicability Of Chapter To Certain Deposits
A voluntary deposit held by the comptroller or the department that was made by an insurer in this state before May 8, 1959, to gain ...
- Texas Insurance Code Section 481.003 - Duties Of Comptroller
The comptroller shall receive a deposit made by an insurer as described by this chapter and hold it exclusively for the protection of all policyholders ...
- Texas Insurance Code Section 481.004 - Access To Deposit
In accordance with reasonable rules adopted by the comptroller and the commissioner, the proper officer of an insurer making a deposit as described by this ...
- Texas Insurance Code Section 481.005 - Situs Of Deposit For Tax Purposes
For purposes of state, county, or municipal taxation, the situs of deposited securities is the municipality and county in which the principal business office of ...
- Texas Insurance Code Section 481.006 - Withdrawal Of Deposit
(a) An insurer that makes a deposit as described by this chapter may, at the insurer's option, withdraw all or part of the deposit if: ...
- Texas Insurance Code Section 481.007 - Withdrawal Of Deposit After Merger, Consolidation, Or Total Reinsurance
When two or more insurers that have two or more deposits made for identical purposes as described by this chapter or former Article 4739, Revised ...
- Texas Insurance Code Section 481.008 - Return Of Deposit
An insurer that has made a deposit as described by this chapter or former Article 4739, Revised Statutes, is entitled to a return of the ...
- Texas Insurance Code Section 481.009 - Delivery Of Deposit By Comptroller
On being provided a certified copy of the commissioner's order issued under Section 481.007 or 481.008, the comptroller shall release, transfer, and deliver the deposit ...
- Texas Insurance Code Section 491.001 - Inapplicability Of Subchapter
This subchapter does not apply to: (1) life insurance; (2) health insurance; (3) annuity contracts; (4) title insurance; (5) workers' compensation insurance; (6) employers' liability ...
- Texas Insurance Code Section 491.002 - Reinsurance Permitted
An insurer or reinsurer authorized to engage in the business of insurance or reinsurance in this state may reinsure all or part of a single ...
- Texas Insurance Code Section 491.003 - Risk Limitation For Domestic Or Foreign Insurer
An insurer incorporated under the laws of this state, another state, or the United States and authorized to engage in business in this state may ...
- Texas Insurance Code Section 491.004 - Risk Limitation For Alien Insurer
An insurer incorporated under the laws of a jurisdiction other than this state, another state, or the United States and authorized to engage in business ...
- Texas Insurance Code Section 491.005 - Compliance With Other Law
Reinsurance that is required or permitted by this subchapter must comply with Chapter 493. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. ...
- Texas Insurance Code Section 491.051 - Computation Of Reserve For Insurer With No Basis Prescribed By Law
For an insurer engaged in the business of a kind of insurance in this state, for which no basis is prescribed by law, the department ...
- Texas Insurance Code Section 491.052 - Computation Of Reinsurance Reserves For Certain Insurers
(a) On December 31 of each year, or as soon as practicable after that date, the department shall, in accordance with Section 491.051, compute the ...
- Texas Insurance Code Section 492.001 - Definitions
In this chapter: (1) "Assuming insurer" means an insurer that, under a reinsurance contract, incurs an obligation to a ceding insurer, the performance of which ...
- Texas Insurance Code Section 492.002 - Applicability Of Chapter
(a) Except as provided by Subsection (b), this chapter applies to: (1) all life, health, and accident insurance companies regulated by the department, including: (A) ...
- Texas Insurance Code Section 492.003 - Rules
The commissioner may adopt rules implementing this chapter. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007. ...
- Texas Insurance Code Section 492.051 - Reinsurance Authorized
(a) An insurer authorized to engage in the business of insurance in this state may reinsure in any solvent assuming insurer any risk or part ...
- Texas Insurance Code Section 492.052 - Limitation On Reinsurance Of Entire Outstanding Business
(a) An insurer may not reinsure the insurer's entire outstanding business in an assuming insurer unless the assuming insurer is authorized to engage in the ...
- Texas Insurance Code Section 492.053 - Limitation On Reinsurance Of Risks Of Insurer With Less Than Minimum Capital And Surplus
An insurer operating under Section 841.204 may not reinsure any risk or part of a risk in an insurer that is not authorized to engage ...
- Texas Insurance Code Section 492.054 - Filing Of Reinsurance Schedules
The commissioner shall require each insurer to file reinsurance schedules: (1) when the insurer makes the insurer's annual report; and (2) at other times as ...
- Texas Insurance Code Section 492.055 - Accounting For Reinsurance Contracts
(a) An insurer shall account for reinsurance contracts and shall record the contracts in the insurer's financial statements in a manner that accurately reflects the ...
- Texas Insurance Code Section 492.056 - Limitation On Rights Against Reinsurer
A person does not have a right against a reinsurer that is not specifically stated in: (1) the reinsurance contract; or (2) a specific agreement ...
- Texas Insurance Code Section 492.101 - Exclusive Procedure For Taking Credit For Reinsurance
A ceding insurer may take a credit for reinsurance, as an asset or as a deduction from liability, only as provided by this chapter. Added ...
- Texas Insurance Code Section 492.102 - Credit For Reinsurance Generally
(a) A ceding insurer may be allowed credit for reinsurance ceded, as an asset or as a deduction from liability, only if the reinsurance is ...
- Texas Insurance Code Section 492.103 - Accredited Reinsurer
For purposes of Section 492.102(a)(2), an insurer is accredited as a reinsurer in this state if the insurer: (1) submits to this state's jurisdiction; (2) ...
- Texas Insurance Code Section 492.104 - Credit For Funds Securing Reinsurance Obligations
(a) Subject to Subsection (b), any asset or deduction from liability for reinsurance ceded to an assuming insurer that does not meet the requirements of ...
- Texas Insurance Code Section 492.105 - Acceptability Of Certain Letters Of Credit
A letter of credit issued or confirmed by an institution that meets the standards prescribed by Section 492.104(b)(2)(C) as of the date the letter is ...
- Texas Insurance Code Section 492.106 - Credit For Reinsurance: Direct Payment On Liability Required
A ceding insurer may not be given credit for reinsurance ceded, as an asset or as a deduction from liability, in an accounting or financial ...
- Texas Insurance Code Section 492.107 - Request For Information From Assuming Insurer
(a) The commissioner may request that an assuming insurer not meeting the requirements of Section 492.102 file: (1) financial statements certified and audited by an ...
- Texas Insurance Code Section 492.151 - Applicability Of Subchapter
This subchapter applies to a trust that is used to qualify for a reinsurance credit under Section 492.102(a)(3) and to the assuming insurer that maintains ...
- Texas Insurance Code Section 492.152 - Composition Of Trust
(a) If the assuming insurer is a single insurer, the trust must: (1) consist of a trusteed account representing the assuming insurer's liabilities attributable to ...
- Texas Insurance Code Section 492.153 - Form Of Trust
The trust must be established in a form approved by the commissioner. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, ...
- Texas Insurance Code Section 492.154 - Terms Of Trust
(a) The trust instrument must provide that contested claims are valid and enforceable on the final order of any court in the United States. (b) ...
- Texas Insurance Code Section 492.155 - Reports And Certification
(a) Not later than February 28 of each year, the trustees of the trust shall: (1) report to the department in writing, showing the balance ...
- Texas Insurance Code Section 492.156 - Certain Trusteed Assuming Insurers: Requirements For Reinsurance Contract
(a) A ceding insurer may not be allowed credit under Section 492.102(a)(3) for reinsurance ceded to an assuming insurer that is not authorized or accredited ...
- Texas Insurance Code Section 492.157 - Examination Of Trust And Assuming Insurer
The trust and the assuming insurer are subject to examination as determined by the commissioner. Added by Acts 2005, 79th Leg., ch. 727, § 1, ...
- Texas Insurance Code Section 493.001 - Definitions
In this chapter: (1) "Assuming insurer" means an insurer that, under a reinsurance contract, incurs an obligation to a ceding insurer, the performance of which ...
- Texas Insurance Code Section 493.002 - Applicability Of Chapter
(a) Except as provided by Subsection (b), this chapter applies to all insurers, including: (1) a stock or mutual property and casualty insurance company; (2) ...
- Texas Insurance Code Section 493.003 - Rules
The commissioner may adopt necessary and reasonable rules under this chapter to protect the public interest. Added by Acts 2005, 79th Leg., ch. 727, § ...
- Texas Insurance Code Section 493.051 - Reinsurance Authorized
(a) An insurer authorized to engage in the business of insurance in this state may reinsure, in any solvent assuming insurer, any risk or part ...
- Texas Insurance Code Section 493.052 - Limitation On Reinsurance Of Entire Outstanding Business
(a) An insurer may not reinsure the insurer's entire outstanding business in an assuming insurer unless the assuming insurer is authorized to engage in the ...
- Texas Insurance Code Section 493.053 - Filing Of Reinsurance Schedules
The commissioner shall require each insurer to file reinsurance schedules: (1) when the insurer makes the insurer's annual report; and (2) at other times as ...
- Texas Insurance Code Section 493.054 - Accounting For Reinsurance Contracts
(a) An insurer shall account for reinsurance contracts and shall record the contracts in the insurer's financial statements in a manner that accurately reflects the ...
- Texas Insurance Code Section 493.055 - Limitation On Rights Against Reinsurer
A person does not have a right against a reinsurer that is not specifically stated in: (1) the reinsurance contract; or (2) a specific agreement ...
- Texas Insurance Code Section 493.101 - Exclusive Procedure For Taking Credit For Reinsurance
A ceding insurer may take a credit for reinsurance, as an asset or as a deduction from liability, only as provided by this chapter. Added ...
- Texas Insurance Code Section 493.102 - Credit For Reinsurance Generally
(a) A ceding insurer may be allowed credit for reinsurance ceded, as an asset or as a deduction from liability, only if the reinsurance is ...
- Texas Insurance Code Section 493.103 - Accredited Reinsurer
For purposes of Section 493.102(a)(2), an insurer is accredited as a reinsurer in this state if the insurer: (1) submits to this state's jurisdiction; (2) ...
- Texas Insurance Code Section 493.104 - Credit For Funds Securing Reinsurance Obligations
(a) Subject to Subsection (b), any asset or deduction from liability for reinsurance ceded to an assuming insurer that does not meet the requirements of ...
- Texas Insurance Code Section 493.105 - Acceptability Of Certain Letters Of Credit
A letter of credit issued or confirmed by an institution that meets the standards prescribed by Section 493.104(b)(2)(C) as of the date the letter is ...
- Texas Insurance Code Section 493.106 - Credit For Reinsurance: Direct Payment On Liability Required
(a) A ceding insurer may not be given credit for reinsurance ceded, as an asset or as a deduction from liability, in an accounting or ...
- Texas Insurance Code Section 493.107 - Request For Information From Assuming Insurer
(a) The commissioner may request that an assuming insurer not meeting the requirements of Section 493.102 file: (1) financial statements certified and audited by an ...
- Texas Insurance Code Section 493.151 - Applicability Of Subchapter
This subchapter applies to a trust that is used to qualify for a reinsurance credit under Section 493.102(a)(3) and to the assuming insurer that maintains ...
- Texas Insurance Code Section 493.152 - Composition Of Trust
(a) If the assuming insurer is a single insurer, the trust must: (1) consist of a trusteed account representing the assuming insurer's liabilities attributable to ...
- Texas Insurance Code Section 493.153 - Form Of Trust
The trust must be established in a form approved by the commissioner. Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, ...
- Texas Insurance Code Section 493.154 - Terms Of Trust
(a) The trust instrument must provide that contested claims are valid and enforceable on the final order of any court in the United States. (b) ...
- Texas Insurance Code Section 493.155 - Reports And Certification
(a) Not later than February 28 of each year, the trustees of the trust shall: (1) report to the department in writing, showing the balance ...
- Texas Insurance Code Section 493.156 - Certain Trusteed Assuming Insurers: Requirements For Reinsurance Contract
(a) A ceding insurer may not be allowed credit under Section 493.102(a)(3) for reinsurance ceded to an assuming insurer that is not authorized or accredited ...
- Texas Insurance Code Section 493.157 - Examination Of Trust And Assuming Insurer
The trust and the assuming insurer are subject to examination as determined by the commissioner. Added by Acts 2005, 79th Leg., ch. 727, § 1, ...
- Texas Insurance Code Section 494.001 - Definitions
In this chapter: (1) "Aircraft" means an object that is capable of: (A) moving through the atmosphere, regardless of whether the object is powered or ...
- Texas Insurance Code Section 494.002 - Authority To Reinsure
(a) A domestic insurance company as defined by Section 841.001, alone or together with another insurer, may reinsure any liability, property, casualty, collision, personal injury, ...
- Texas Insurance Code Section 494.003 - Requirement For Ceding Insurer
To enter into a reinsurance agreement under this chapter, the ceding insurer must be authorized to engage in business in this state. Added by Acts ...
- Texas Insurance Code Section 501.001 - Definition
In this chapter, "office" means the office of public insurance counsel. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 501.002 - Office Of Public Insurance Counsel
The independent office of public insurance counsel represents the interests of insurance consumers in this state. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 501.003 - Sunset Provision
The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished ...
- Texas Insurance Code Section 501.004 - Public Interest Information
(a) The office shall prepare information of public interest describing the functions of the office. (b) The office shall make the information available to the ...
- Texas Insurance Code Section 501.005 - Access To Programs And Facilities
(a) The office shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access ...
- Texas Insurance Code Section 501.051 - Appointment; Term
(a) The governor, with the advice and consent of the senate, shall appoint a public counsel to serve as the executive director of the office. ...
- Texas Insurance Code Section 501.052 - Qualifications
To be eligible to serve as public counsel, a person must: (1) be licensed to practice law in this state; (2) have demonstrated a strong ...
- Texas Insurance Code Section 501.053 - Business Interest; Service As Public Counsel
A person is not eligible for appointment as public counsel if the person or the person's spouse: (1) is employed by or participates in the ...
- Texas Insurance Code Section 501.054 - Lobbying Activities
A person may not serve as public counsel or act as general counsel to the office if the person is required to register as a ...
- Texas Insurance Code Section 501.055 - Grounds For Removal
(a) It is a ground for removal from office if the public counsel: (1) does not have at the time of appointment or maintain during ...
- Texas Insurance Code Section 501.056 - Prohibited Representation Or Employment
A former public counsel may not represent any person or receive compensation for services rendered on behalf of any person regarding a case pending before ...
- Texas Insurance Code Section 501.101 - Office Personnel
(a) The public counsel shall employ professional, technical, and other employees necessary to implement this chapter. (b) Compensation for an employee shall be set under ...
- Texas Insurance Code Section 501.102 - Trade Associations
(a) In this section, "trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and ...
- Texas Insurance Code Section 501.103 - Career Ladder Program; Performance Evaluations
(a) The public counsel or the public counsel's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry ...
- Texas Insurance Code Section 501.104 - Equal Employment Opportunity Policy; Report
(a) The public counsel or the public counsel's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity ...
- Texas Insurance Code Section 501.105 - Qualifications And Standards Of Conduct
The office shall provide to the public counsel and office employees, as often as necessary, information regarding their: (1) qualifications for office or employment under ...
- Texas Insurance Code Section 501.151 - Powers And Duties Of Office
The office: (1) may assess the impact of insurance rates, rules, and forms on insurance consumers in this state; and (2) shall advocate in the ...
- Texas Insurance Code Section 501.152 - Administration Of Office
The public counsel shall administer and enforce this chapter, including preparing and submitting to the legislature a budget for the office and approving expenditures for ...
- Texas Insurance Code Section 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 ...
- Texas Insurance Code Section 501.154 - Access To Information
The public counsel: (1) is entitled to the same access as a party, other than department staff, to department records available in a proceeding before ...
- Texas Insurance Code Section 501.155 - Recommendation Of Legislation
The public counsel may recommend legislation to the legislature that the public counsel determines would positively affect the interests of insurance consumers. Added by Acts ...
- Texas Insurance Code Section 501.156 - Consumer Bill Of Rights
The public counsel shall submit to the department for adoption a consumer bill of rights appropriate to each personal line of insurance regulated by the ...
- Texas Insurance Code Section 501.157 - Prohibited Interventions Or Appearances
The public counsel may not intervene or appear in: (1) any proceeding or hearing before the commissioner or department, or any other proceeding, that relates ...
- Texas Insurance Code Section 501.158 - Confidentiality Requirements
Confidentiality requirements applicable to examination reports under Article 1.18 and to the commissioner under Section 3A, Article 21.28-A, apply to the public counsel. Added by ...
- Texas Insurance Code Section 501.159 - Comments On Certain Insurer Filings
Text of section effective April 1, 2007 (a) Notwithstanding this chapter, the office may submit written comments to the commissioner and otherwise participate regarding ...
- Texas Insurance Code Section 501.201 - Office Expenses
Expenses of the office shall be paid from the assessments collected under this subchapter. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. ...
- Texas Insurance Code Section 501.202 - Assessment
To defray the costs of operating the office, the comptroller shall collect assessments under this subchapter annually in connection with the collection of other taxes ...
- Texas Insurance Code Section 501.203 - Assessment On Property And Casualty Insurers
Each property and casualty insurer authorized to engage in business in this state shall pay an annual assessment of 5.7 cents for each property and ...
- Texas Insurance Code Section 501.204 - Assessment On Life, Health, And Accident Insurers And Related Entities
(a) This section applies to each insurer authorized to engage in business in this state under: (1) Chapter 25; (2) Chapter 841; (3) Chapter 842; ...
- Texas Insurance Code Section 501.205 - Assessment On Title Insurance Companies
Each title insurance company authorized to engage in business in this state shall pay an annual assessment of 5.7 cents for each owner and mortgage ...
- Texas Insurance Code Section 501.251 - Comparison Of Health Maintenance Organizations
(a) The office shall develop and implement a system to compare and evaluate, on an objective basis, the quality of care provided by and the ...
- Texas Insurance Code Section 501.252 - Annual Consumer Report Cards
(a) The office shall develop and issue annual consumer report cards that identify and compare, on an objective basis, health maintenance organizations in this state. ...
- Texas Insurance Code Section 501.253 - Access To Information
(a) The office is entitled to information that is confidential under a law of this state, including Section 843.006 of this code, Chapter 108, Health ...
- Texas Insurance Code Section 501.254 - Confidentiality And Use Of Information
(a) Except as provided by this section, information collected under this subchapter is subject to Chapter 552, Government Code, and the office shall make determinations ...
- Texas Insurance Code Section 521.001 - Public Interest Information
(a) The department shall prepare information of public interest describing the department's functions and the procedures by which complaints are filed with and resolved by ...
- Texas Insurance Code Section 521.002 - Complaint Resolution Program
The department shall establish a program to facilitate resolution of policyholder complaints. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, ...
- Texas Insurance Code Section 521.003 - Notification Of Complaint Status
If a written complaint is filed with the department, the department, at least quarterly and until final disposition of the complaint, shall notify each party ...
- Texas Insurance Code Section 521.004 - Records Of Complaints
The department shall keep an information file about each complaint filed with the department that concerns an activity regulated by the department or the commissioner. ...
- Texas Insurance Code Section 521.005 - Notice To Accompany Policy
(a) Each insurance policy delivered or issued for delivery in this state shall include with the policy a brief written notice that includes: (1) a ...
- Texas Insurance Code Section 521.051 - Department Toll-Free Number For Information And Complaints
The department shall maintain a toll-free telephone number to: (1) provide the information described by Section 521.052; and (2) receive and aid in resolving complaints ...
- Texas Insurance Code Section 521.052 - Information Provided
The department shall provide to the public through the department's toll-free telephone number only the following information: (1) information collected or maintained by the department ...
- Texas Insurance Code Section 521.053 - Publicity Requirements
The department shall publicize the department's toll-free telephone number in public service announcements and publish that number in telephone books throughout the state, as the ...
- Texas Insurance Code Section 521.054 - Record Of Inquiry Or Complaint Required
The department shall maintain a written record of each inquiry and complaint received through the department's toll-free telephone number. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 521.055 - Complaint Notification System
The department shall establish a system to notify insurers by electronic transmission to a facsimile machine or other appropriate system of complaints received by the ...
- Texas Insurance Code Section 521.056 - Information Bulletin To Accompany Policy
Each insurer that delivers, issues for delivery, or renews an insurance policy in this state shall include with the policy an information bulletin that includes: ...
- Texas Insurance Code Section 521.101 - Applicability Of Subchapter
(a) Except as provided by Subsection (b), this subchapter applies to a health maintenance organization authorized to engage in the business of a health maintenance ...
- Texas Insurance Code Section 521.102 - Health Maintenance Organization Or Insurer Toll-Free Number For Information And Complaints
A health maintenance organization or insurer shall maintain a toll-free telephone number to: (1) provide information concerning evidences of coverage or policies issued by the ...
- Texas Insurance Code Section 521.103 - Information Included In Evidence Of Coverage Or Policy
(a) Each health maintenance organization or insurer that delivers, issues for delivery, or renews an evidence of coverage or insurance policy in this state shall ...
- Texas Insurance Code Section 522.001 - Informational Sheet For Texas Personal Automobile Policies
(a) The commissioner shall develop or adopt an informational sheet in the Spanish language to provide a general explanation of the terms most commonly used ...
- Texas Insurance Code Section 523.001 - Definition
In this chapter, "residential property insurance" means insurance provided by a homeowners policy or residential fire and allied lines policy against loss incurred at a ...
- Texas Insurance Code Section 523.002 - Rules
In addition to the plan of operation adopted under Subchapter B, the commissioner may adopt appropriate rules to accomplish the purposes of this chapter. Added ...
- Texas Insurance Code Section 523.003 - Immunity
The market assistance program, the members of the executive committee, and participating insurers and agents are not personally liable for: (1) an act performed in ...
- Texas Insurance Code Section 523.051 - Market Assistance Program
(a) The market assistance program is a voluntary program designed to assist applicants for insurance and insureds in this state in obtaining residential property insurance ...
- Texas Insurance Code Section 523.052 - Market Assistance Program Division
The department shall operate a market assistance program division. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 523.053 - Executive Committee
(a) The market assistance program is administered by an executive committee. (b) The executive committee consists of 11 members appointed by the commissioner as follows: ...
- Texas Insurance Code Section 523.054 - Plan Of Operation
(a) The operation and management of the market assistance program is governed by a plan of operation adopted by rule by the commissioner. (b) In ...
- Texas Insurance Code Section 523.055 - Amendment Of Plan Of Operation
(a) The executive committee may develop amendments to the plan of operation and submit the amendments to the commissioner for adoption by rule. (b) If ...
- Texas Insurance Code Section 523.101 - Participation By Insurers
(a) An insurer authorized to engage in the business of property or casualty insurance that writes residential property insurance in this state, including a Lloyd's ...
- Texas Insurance Code Section 523.102 - Application Assistance And Referrals
The department may: (1) assist an applicant for coverage through the market assistance program in completing an initial application; and (2) refer the applicant to ...
- Texas Insurance Code Section 523.103 - Application For Assistance
(a) An application for assistance must be addressed to the market assistance program at the department. (b) An application must be accompanied by a copy ...
- Texas Insurance Code Section 523.104 - Insurer Action On Application
(a) Not later than the 30th day after the date an insurer receives an application, the insurer shall: (1) quote a premium; (2) indicate its ...
- Texas Insurance Code Section 523.105 - Nonpayment Of Premium Or Submission Of Fraudulent Claim
If an insurer cancels or does not renew coverage for nonpayment of premium or submission of a fraudulent claim, an applicant is ineligible to subsequently ...
- Texas Insurance Code Section 523.151 - Types Of Agents
(a) Notwithstanding other law, the market assistance program may have both originating agents and issuing agents. (b) An originating agent may complete on behalf of ...
- Texas Insurance Code Section 523.152 - Sharing Of Agent Commissions
(a) An originating agent shall share commissions with an issuing agent as required by the market assistance program plan of operation if the originating agent ...
- Texas Insurance Code Section 523.201 - Collection Of Program Information
Information concerning the number and type of applications received and placed by the market assistance program and other information about the program the executive committee ...
- Texas Insurance Code Section 523.202 - Periodic Review Of Program
(a) The executive committee shall review the demand for and performance of the market assistance program at least annually, as necessary. (b) After each review, ...
- Texas Insurance Code Section 523.203 - Termination Of Program
The department may terminate the market assistance program only on the commissioner's approval. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April ...
- Texas Insurance Code Section 524.001 - Program Established
(a) The department shall develop and implement a health coverage public awareness and education program that complies with this chapter. The program must: (1) increase ...
- Texas Insurance Code Section 524.002 - Public Service Announcements
The department shall develop and make public service announcements to educate consumers and employers about the availability of health coverage in this state. Added by ...
- Texas Insurance Code Section 524.003 - Internet Website; Public Education
(a) The department shall develop an Internet website designed to educate the public about the availability of health coverage in this state, including information about ...
- Texas Insurance Code Section 524.004 - Task Force
(a) The commissioner shall appoint a task force to make recommendations regarding the health coverage public awareness and education program. The task force is composed ...
- Texas Insurance Code Section 524.005 - Funding
The department may accept gifts and grants from any party, including a health benefit plan issuer or a foundation associated with a health benefit plan ...
- Texas Insurance Code Section 541.001 - Purpose
The purpose of this chapter is to regulate trade practices in the business of insurance by: (1) defining or providing for the determination of trade ...
- Texas Insurance Code Section 541.002 - Definitions
In this chapter: (1) "Knowingly" means actual awareness of the falsity, unfairness, or deceptiveness of the act or practice on which a claim for damages ...
- Texas Insurance Code Section 541.003 - Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Prohibited
A person may not engage in this state in a trade practice that is defined in this chapter as or determined under this chapter to ...
- Texas Insurance Code Section 541.004 - Venue For Actions Involving Department Or Commissioner
An action under this chapter in which the department or commissioner is a party must be brought in a district court in Travis County. Added ...
- Texas Insurance Code Section 541.005 - Applicability To Risk Retention Or Purchasing Group
(a) A risk retention group or purchasing group, as those terms are defined by Section 2, Article 21.54, not chartered in this state may not ...
- Texas Insurance Code Section 541.006 - Prohibited Content Of Certain Insurance Policies
Notwithstanding any other provision of this code, it is unlawful for an insurer engaged in the business of life, accident, or health insurance to issue ...
- Texas Insurance Code Section 541.007 - Immunity From Prosecution
(a) This section applies to a person who requests to be excused from attending and testifying at a hearing or from producing books, papers, records, ...
- Texas Insurance Code Section 541.008 - Liberal Construction
This chapter shall be liberally construed and applied to promote the underlying purposes as provided by Section 541.001. Added by Acts 2003, 78th Leg., ch. ...
- Texas Insurance Code Section 541.051 - Misrepresentation Regarding Policy Or Insurer
It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to: (1) make, issue, or ...
- Texas Insurance Code Section 541.052 - False Information And Advertising
(a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to make, publish, disseminate, ...
- Texas Insurance Code Section 541.053 - Defamation Of Insurer
(a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to directly or indirectly ...
- Texas Insurance Code Section 541.054 - Boycott, Coercion, Or Intimidation
It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to commit through concerted action ...
- Texas Insurance Code Section 541.055 - False Financial Statement
(a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to, with intent to ...
- Texas Insurance Code Section 541.056 - Prohibited Rebates And Inducements
(a) Subject to Section 541.058 and except as otherwise expressly provided by law, it is an unfair method of competition or an unfair or deceptive ...
- Texas Insurance Code Section 541.057 - Unfair Discrimination In Life Insurance And Annuity Contracts
Subject to Section 541.058, it is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to ...
- Texas Insurance Code Section 541.058 - Certain Practices Not Considered Discrimination Or Inducement
It is not a rebate or discrimination prohibited by Section 541.056(a) or 541.057: (1) for a life insurance or life annuity contract, to pay a ...
- Texas Insurance Code Section 541.059 - Deceptive Name, Word, Symbol, Device, Or Slogan
(a) Except as provided by Subsection (b), it is an unfair method of competition or an unfair or deceptive act or practice in the business ...
- Texas Insurance Code Section 541.060 - Unfair Settlement Practices
(a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to engage in the ...
- Texas Insurance Code Section 541.061 - Misrepresentation Of Insurance Policy
It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to misrepresent an insurance policy ...
- Texas Insurance Code Section 541.101 - Examination And Investigation
The department may examine and investigate the affairs of a person engaged in the business of insurance in this state to determine whether the person ...
- Texas Insurance Code Section 541.102 - Statement Of Charges; Notice Of Hearing
(a) When the department has reason to believe that a person engaged in the business of insurance in this state has engaged or is engaging ...
- Texas Insurance Code Section 541.103 - Hearing
A person against whom charges are made under Section 541.102 is entitled at the hearing on the charges to have an opportunity to be heard ...
- Texas Insurance Code Section 541.104 - Hearing Procedures
(a) Nothing in this chapter requires the observance of formal rules of pleading or evidence at a hearing under this subchapter. (b) At a hearing ...
- Texas Insurance Code Section 541.105 - Record Of Hearing
(a) At a hearing under this subchapter, the department may, and at the request of a party to the hearing shall, make a stenographic record ...
- Texas Insurance Code Section 541.106 - Compliance With Subpoena
(a) If a person refuses to comply with a subpoena issued in connection with a hearing under this subchapter or refuses to testify with respect ...
- Texas Insurance Code Section 541.107 - Determination Of Violation
After a hearing under this subchapter, the department shall determine whether: (1) the method of competition or the act or practice considered in the hearing ...
- Texas Insurance Code Section 541.108 - Cease And Desist Order
On determining that a person committed a violation described by Section 541.107, the department shall: (1) make written findings; and (2) issue and serve on ...
- Texas Insurance Code Section 541.109 - Modification Or Setting Aside Of Order
On the notice and in the manner the department determines proper, the department may modify or set aside in whole or in part a cease ...
- Texas Insurance Code Section 541.110 - Administrative Penalty
(a) A person who violates a cease and desist order issued under Section 541.108 is subject to an administrative penalty under Chapter 84. (b) In ...
- Texas Insurance Code Section 541.111 - Civil Penalty For Violation Of Cease And Desist Order
(a) A person who is found by a court to have violated a cease and desist order issued under Section 541.108 is liable to the ...
- Texas Insurance Code Section 541.151 - Private Action For Damages Authorized
A person who sustains actual damages may bring an action against another person for those damages caused by the other person engaging in an act ...
- Texas Insurance Code Section 541.152 - Damages, Attorney's Fees, And Other Relief
(a) A plaintiff who prevails in an action under this subchapter may obtain: (1) the amount of actual damages, plus court costs and reasonable and ...
- Texas Insurance Code Section 541.153 - Frivolous Action
A court shall award to the defendant court costs and reasonable and necessary attorney's fees if the court finds that an action under this subchapter ...
- Texas Insurance Code Section 541.154 - Prior Notice Of Action
(a) A person seeking damages in an action against another person under this subchapter must provide written notice to the other person not later than ...
- Texas Insurance Code Section 541.155 - Abatement
(a) A person against whom an action under this subchapter is pending who does not receive the notice as required by Section 541.154 may file ...
- Texas Insurance Code Section 541.156 - Settlement Offer
(a) A person who receives notice provided under Section 541.154 may make a settlement offer during a period beginning on the date notice under Section ...
- Texas Insurance Code Section 541.157 - Contents Of Settlement Offer
A settlement offer made by a person against whom a claim under this subchapter is pending must include an offer to pay the following amounts, ...
- Texas Insurance Code Section 541.158 - Rejection Of Settlement Offer
(a) A settlement offer is rejected unless both parts of the offer required under Section 541.157 are accepted by the claimant not later than the ...
- Texas Insurance Code Section 541.159 - Limit On Recovery After Settlement Offer
(a) If the court finds that the amount stated in the settlement offer for damages under Section 541.157(1) is the same as, substantially the same ...
- Texas Insurance Code Section 541.160 - Effect Of Settlement Offer
A settlement offer is not an admission of engaging in an act or practice defined by Subchapter B to be an unfair method of competition ...
- Texas Insurance Code Section 541.161 - Mediation
(a) A party may, not later than the 90th day after the date a pleading seeking relief under this subchapter is served, file a motion ...
- Texas Insurance Code Section 541.162 - Limitations Period
(a) A person must bring an action under this chapter before the second anniversary of the following: (1) the date the unfair method of competition ...
- Texas Insurance Code Section 541.201 - Injunctive Relief
(a) The attorney general may bring an action under this section if the attorney general has reason to believe that: (1) a person engaged in ...
- Texas Insurance Code Section 541.202 - Venue For Injunctive Action
An action for an injunction under this subchapter may be commenced in a district court in: (1) the county in which the person against whom ...
- Texas Insurance Code Section 541.203 - Issuance Of Injunction
(a) The court may issue an appropriate temporary or permanent injunction. (b) The court shall issue the injunction without bond. Added by Acts 2003, 78th ...
- Texas Insurance Code Section 541.204 - Civil Penalty
In addition to requesting a temporary or permanent injunction under Section 541.201, the attorney general may request a civil penalty of not more than $10,000 ...
- Texas Insurance Code Section 541.205 - Compensation Or Restoration
The court may make an additional order or judgment as necessary to compensate an identifiable person for actual damages or for restoration of money or ...
- Texas Insurance Code Section 541.206 - Civil Penalty For Violation Of Injunction
(a) A person who violates an injunction issued under this subchapter is liable for and shall pay to the state a civil penalty of not ...
- Texas Insurance Code Section 541.207 - Remedies Not Exclusive
The remedies provided by this subchapter are: (1) not exclusive; and (2) in addition to any other remedy or procedure provided by another law or ...
- Texas Insurance Code Section 541.251 - Class Action Authorized
(a) If a member of the insurance buying public has been damaged by an unlawful method, act, or practice defined in Subchapter B as an ...
- Texas Insurance Code Section 541.252 - Recovery
A plaintiff who prevails in a class action under this subchapter may recover: (1) court costs and attorney's fees reasonable in relation to the amount ...
- Texas Insurance Code Section 541.253 - Frivolous Action
The court may award to the defendant court costs and reasonable attorney's fees in relation to the work expended on a finding by the court ...
- Texas Insurance Code Section 541.254 - Statute Of Limitations Tolled
The filing of a class action under this subchapter tolls the statute of limitations for bringing an action by an individual under Section 541.162. Added ...
- Texas Insurance Code Section 541.255 - Prior Notice
(a) Not later than the 31st day before the date a class action for damages is commenced under this subchapter, the prospective plaintiff must: (1) ...
- Texas Insurance Code Section 541.256 - Prerequisites To Class Action
The court shall permit one or more members of a class to sue or be sued as representative parties on behalf of the class only ...
- Texas Insurance Code Section 541.257 - Class Actions Maintainable
(a) An action may be maintained as a class action under this subchapter if the prerequisites of Section 541.256 are satisfied and, in addition: (1) ...
- Texas Insurance Code Section 541.258 - Class Actions: Issues And Subclasses Authorized
When appropriate, an action may be brought or maintained as a class action under this subchapter with respect to particular issues or a class may ...
- Texas Insurance Code Section 541.259 - Determination Regarding Whether Class Action May Be Maintained
(a) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is ...
- Texas Insurance Code Section 541.260 - Effect Of Denial Of Class Action
A court order denying that an action under this subchapter may be brought as a class action does not affect whether an individual may bring ...
- Texas Insurance Code Section 541.261 - Notice Of Class Action
(a) If an action is permitted as a class action under this subchapter, the court shall direct to the members of the class the best ...
- Texas Insurance Code Section 541.262 - Procedures In Class Action
In a class action under this subchapter, the court may make appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue ...
- Texas Insurance Code Section 541.263 - Effect Of Settlement Offer
(a) Damages may not be awarded to a class under this subchapter if, not later than the 30th day after the date the intended defendant ...
- Texas Insurance Code Section 541.264 - Defenses
Damages may not be awarded in a class action under this subchapter if the defendant: (1) proves that the action complained of resulted from a ...
- Texas Insurance Code Section 541.265 - Limitations Period For Damages
In a class action under this subchapter, damages may not include any damages incurred more than two years before the date the action is commenced. ...
- Texas Insurance Code Section 541.266 - Disposition
(a) A class action under this subchapter may not be dismissed, settled, or compromised without the approval of the court. (b) Notice of the proposed ...
- Texas Insurance Code Section 541.267 - Contents Of Judgment; Notice
(a) The judgment in a class action under this subchapter must describe those to whom the notice under Section 541.261 was directed and who have ...
- Texas Insurance Code Section 541.301 - Refund Of Premiums
(a) After notice and hearing as provided in Subchapter C, the department may require a person to make an accounting under Subsection (b): (1) in ...
- Texas Insurance Code Section 541.302 - Time To Make Refunds
The department shall specify a reasonable time within which a person required to make premium refunds under Section 541.301 must make the refunds. Added by ...
- Texas Insurance Code Section 541.303 - Sanction
(a) The department may report to the attorney general a person's failure to comply with the department's requirement to refund premiums within the time specified ...
- Texas Insurance Code Section 541.304 - Evidentiary Use Of Compliance Or Attempt To Comply
(a) Compliance or an attempt to comply with the department's requirement to refund premiums is: (1) an offer to compromise; (2) not admissible as evidence; ...
- Texas Insurance Code Section 541.351 - Acceptance Of Assurance
(a) In administering this chapter, the department may accept assurance of voluntary compliance from a person who is engaging in, has engaged in, or is ...
- Texas Insurance Code Section 541.352 - Effect Of Assurance
(a) An assurance of voluntary compliance is not an admission of a prior violation of: (1) this chapter or a rule adopted under this chapter; ...
- Texas Insurance Code Section 541.353 - Reopening
A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time. Added by Acts 2003, 78th Leg., ch. ...
- Texas Insurance Code Section 541.354 - Right To Bring Action Not Affected
An assurance of voluntary compliance does not affect the right of an individual to bring an action under this chapter, except that the right of ...
- Texas Insurance Code Section 541.401 - Rulemaking Authority
(a) The commissioner may adopt and enforce reasonable rules the commissioner determines necessary to accomplish the purposes of this chapter. (b) Notwithstanding a previous definition ...
- Texas Insurance Code Section 541.402 - Petition
(a) A petition may be submitted to the commissioner to adopt, amend, or repeal a rule. The petition must be: (1) signed by 100 interested ...
- Texas Insurance Code Section 541.403 - Denial Of Petition
(a) The department must state in writing the reason for denying a petition to adopt, amend, or repeal a rule. (b) The department is expressly ...
- Texas Insurance Code Section 541.404 - Hearing On Petition
(a) A hearing held by the department in response to a petition to adopt, amend, or repeal a rule must be open to the public. ...
- Texas Insurance Code Section 541.405 - Judicial Review Of Department Action
(a) A person aggrieved by the denial of a petition under Section 541.402 or the adoption, amendment, or repeal of or failure to adopt a ...
- Texas Insurance Code Section 541.451 - Liability Under Other Law
An order of the department under this chapter or an order by a court to enforce that order does not relieve or absolve a person ...
- Texas Insurance Code Section 541.452 - Powers In Addition To Other Powers Authorized By Law
The powers vested in the department and the commissioner by this chapter are in addition to any other powers to enforce a penalty, fine, or ...
- Texas Insurance Code Section 541.453 - Double Recovery Prohibited
A person may not recover damages and penalties for the same act or practice under both this chapter and another law. Added by Acts 2003, ...
- Texas Insurance Code Section 541.454 - Penalties And Related Payments By Insurer
(a) Civil penalties, premium refunds, judgments, compensatory judgments, individual recoveries, orders, class action awards, costs, damages, or attorney's fees assessed or awarded under this chapter: ...
- Texas Insurance Code Section 542.001 - Short Title
This subchapter may be cited as the Unfair Claim Settlement Practices Act. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, ...
- Texas Insurance Code Section 542.002 - Applicability Of Subchapter
This subchapter applies to the following insurers whether organized as a proprietorship, partnership, stock or mutual corporation, or unincorporated association: (1) a life, health, or ...
- Texas Insurance Code Section 542.003 - Unfair Claim Settlement Practices Prohibited
(a) An insurer engaging in business in this state may not engage in an unfair claim settlement practice. (b) Any of the following acts by ...
- Texas Insurance Code Section 542.004 - Examination Of Tax Returns Prohibited
(a) An insurer regulated under this code may not require a claimant, as a condition of settling a claim, to produce the claimant's federal income ...
- Texas Insurance Code Section 542.005 - Record Of Complaints
(a) In this section, "complaint" means any written communication primarily expressing a grievance. (b) An insurer shall maintain a complete record of all complaints received ...
- Texas Insurance Code Section 542.006 - Periodic Reporting Requirement
(a) In this section, "claim" means a written claim filed by a resident of this state with an insurer engaging in business in this state. ...
- Texas Insurance Code Section 542.007 - Comparison Of Certain Insurers To Minimum Standard Of Performance; Investigation
(a) The department shall compile the information received from an insurer under Section 542.006 in a manner that enables the department to compare the insurer's ...
- Texas Insurance Code Section 542.008 - Complaints Against Insurers; Investigation
(a) The department shall establish a system for receiving and processing individual complaints alleging a violation of this subchapter by an insurer regardless of whether ...
- Texas Insurance Code Section 542.009 - Review Of Investigation Results; Hearing
(a) On receiving the results of an investigation instituted under Section 542.007 or 542.008, the department shall review those results considering the standards of this ...
- Texas Insurance Code Section 542.010 - Cease And Desist Order; Enforcement
(a) If the department determines that an insurer has violated this subchapter, the department shall issue a cease and desist order to the insurer directing ...
- Texas Insurance Code Section 542.011 - Time Limit To Appeal
An insurer affected by a ruling or order of the department under this subchapter may appeal the ruling or order, in accordance with Subchapter D, ...
- Texas Insurance Code Section 542.012 - Attorney's Fees
The department is entitled to reasonable attorney's fees if judicial action is necessary to enforce an order of the department under this subchapter. Added by ...
- Texas Insurance Code Section 542.013 - Personnel
The department may hire employees and examiners as needed to enforce this subchapter. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April ...
- Texas Insurance Code Section 542.014 - Rules
The commissioner shall adopt reasonable rules as necessary to implement and augment the purposes and provisions of this subchapter. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 542.051 - Definitions
In this subchapter: (1) "Business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. (2) "Claim" means a first-party ...
- Texas Insurance Code Section 542.052 - Applicability Of Subchapter
This subchapter applies to any insurer authorized to engage in business as an insurance company or to provide insurance in this state, including: (1) a ...
- Texas Insurance Code Section 542.053 - Exception
(a) This subchapter does not apply to: (1) workers' compensation insurance; (2) mortgage guaranty insurance; (3) title insurance; (4) fidelity, surety, or guaranty bonds; (5) ...
- Texas Insurance Code Section 542.054 - Liberal Construction
This subchapter shall be liberally construed to promote the prompt payment of insurance claims. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. ...
- Texas Insurance Code Section 542.055 - Receipt Of Notice Of Claim
(a) Not later than the 15th day or, if the insurer is an eligible surplus lines insurer, the 30th business day after the date an ...
- Texas Insurance Code Section 542.056 - Notice Of Acceptance Or Rejection Of Claim
(a) Except as provided by Subsection (b) or (d), an insurer shall notify a claimant in writing of the acceptance or rejection of a claim ...
- Texas Insurance Code Section 542.057 - Payment Of Claim
(a) Except as otherwise provided by this section, if an insurer notifies a claimant under Section 542.056 that the insurer will pay a claim or ...
- Texas Insurance Code Section 542.058 - Delay In Payment Of Claim
(a) Except as otherwise provided, if an insurer, after receiving all items, statements, and forms reasonably requested and required under Section 542.055, delays payment of ...
- Texas Insurance Code Section 542.059 - Extension Of Deadlines
(a) A court may grant a request by a guaranty association for an extension of the periods under this subchapter on a showing of good ...
- Texas Insurance Code Section 542.060 - Liability For Violation Of Subchapter
(a) If an insurer that is liable for a claim under an insurance policy is not in compliance with this subchapter, the insurer is liable ...
- Texas Insurance Code Section 542.061 - Remedies Not Exclusive
The remedies provided by this subchapter are in addition to any other remedy or procedure provided by law or at common law. Added by Acts ...
- Texas Insurance Code Section 542.101 - Request By Named Insured Under Liability Insurance Policy
(a) In this section, "liability insurance" means: (1) general liability insurance; (2) professional liability insurance, including medical professional liability insurance; (3) commercial automobile liability insurance; ...
- Texas Insurance Code Section 542.102 - Request By Policyholder Under Property And Casualty Insurance Policy
(a) On written request of a policyholder, an insurer that writes property and casualty insurance in this state shall provide the policyholder with a list ...
- Texas Insurance Code Section 542.103 - Deadline For Providing Requested Information
(a) An insurer shall provide the information requested under this subchapter in writing not later than the 30th day after the date the insurer receives ...
- Texas Insurance Code Section 542.104 - Rules
The commissioner may by rule prescribe forms for requesting information and for providing requested information under this subchapter. Added by Acts 2003, 78th Leg., ch. ...
- Texas Insurance Code Section 542.151 - Applicability Of Subchapter
This subchapter applies only to the settlement of a claim under a casualty insurance policy that is delivered, issued for delivery, or renewed in this ...
- Texas Insurance Code Section 542.152 - Exception
This subchapter does not apply to: (1) a casualty insurance policy that requires the insured's consent to settle a claim against the insured; (2) fidelity, ...
- Texas Insurance Code Section 542.153 - Notice Required
(a) Not later than the 10th day after the date an initial offer to settle a claim against a named insured under a casualty insurance ...
- Texas Insurance Code Section 542.154 - Rules
The commissioner may adopt rules to implement this subchapter. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 542.201 - Purpose
This subchapter is intended to encourage insurers to take appropriate and necessary steps to collect from third parties or the insurers of the third parties. ...
- Texas Insurance Code Section 542.202 - Definition
In this subchapter, "action" includes taking various actions such as reasonable and diligent collection efforts, mediation, arbitration, and litigation against a responsible third party or ...
- Texas Insurance Code Section 542.203 - Applicability Of Subchapter
This subchapter applies to any insurer that delivers, issues for delivery, or renews in this state a private passenger automobile insurance policy, including a reciprocal ...
- Texas Insurance Code Section 542.204 - Action To Recover Deductible
(a) Notwithstanding any other provision of this code and except as provided by Subsection (b), if an insurer is liable to an insured for a ...
- Texas Insurance Code Section 542.205 - Enforcement; Rules
The commissioner may enforce this subchapter and adopt and enforce reasonable rules necessary to accomplish the purposes of this subchapter. Added by Acts 2003, 78th ...
- Texas Insurance Code Section 542.251 - Purposes
The purposes of this subchapter are to: (1) provide for the prompt, efficient, and effective handling and processing of water damage claims filed under residential ...
- Texas Insurance Code Section 542.252 - Applicability Of Subchapter
This subchapter applies to any insurer that handles or processes water damage claims filed under residential property insurance policies. Added by Acts 2005, 79th Leg., ...
- Texas Insurance Code Section 542.253 - Rules
(a) The commissioner may adopt rules that identify the types of water damage claims that require more prompt, efficient, and effective processing and handling than ...
- Texas Insurance Code Section 543.001 - Misrepresentation Prohibited
(a) In this section, "life, health, or casualty insurer" includes a corporation operating on a cooperative or assessment plan, a mutual insurance company, a fraternal ...
- Texas Insurance Code Section 543.002 - Contract Expressed In Policy Only
An insurer or an agent of an insurer may not make an insurance contract or an agreement relating to an insurance contract other than as ...
- Texas Insurance Code Section 543.003 - Thing Of Value Not Specified In Policy
An insurer or an officer, agent, or representative of an insurer may not: (1) directly or indirectly pay, allow, or give or offer to pay, ...
- Texas Insurance Code Section 543.004 - Sharing Of Or Participation In Special Fund Prohibited
An insurer or an officer, agent, or representative of an insurer may not issue a policy that contains a special or board contract or similar ...
- Texas Insurance Code Section 543.051 - Suspension Or Revocation Of Certificate, Charter, Permit, Or License
(a) On a hearing, the commissioner may suspend or revoke the certificate, charter, permit, or license to engage in the business of insurance of A ...
- Texas Insurance Code Section 543.052 - Criminal Penalty
(a) A person commits an offense if the person violates Subchapter A. (b) An offense under this section is a Class A misdemeanor. (c) The ...
- Texas Insurance Code Section 544.301 - Definitions
In this subchapter: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, farm mutual ...
- Texas Insurance Code Section 544.302 - Applicability Of Subchapter
This subchapter applies to each insurer that writes residential property insurance in this state. Added by Acts 2005, 79th Leg., ch. 728, § 11.014(a), eff. ...
- Texas Insurance Code Section 544.303. PROHIBITION OF CERTAIN UNDERWRITING DECISIONS
BASED ON PREVIOUS MOLD CLAIM OR DAMAGE.
See also note following text of this section
An insurer may not make an underwriting decision regarding a
residential property insurance policy based on previous mold damage
or a claim for mold damage if:
(1) the applicant for insurance coverage has property
eligible for coverage under a residential property policy;
(2) the property has had mold damage;
(3) mold remediation has been performed on the
property; and
(4) the property was:
(A) remediated, as evidenced by a certificate of
mold remediation issued to the property owner under Section
1958.154, Occupations Code, that establishes that the underlying
cause of the mold at the property has been remediated; or
(B) inspected by an independent assessor or
adjustor who determined, based on the inspection, that the property
does not contain evidence of mold damage.
Added by Acts 2005, 79th Leg., ch. 728, § 11.014(a), eff. Sept.
1, 2005.
Amendment by Acts 2005, 79th Leg., ch. 149, § 1
Section 1.002(a), of Acts 2005, 79th Leg., ch. 728 provides
in part, that the "repeal of a statute by this Act does not affect an
amendment, revision, or reenactment of the statute by the 79th
Legislature, Regular Session, 2005. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised, or
reenacted."
Section 1 of Acts 2005, 79th Leg., ch. 149, eff. May 24, 2005,
amends § 3 of V.A.T.S. Insurance Code, art. 21.21-11 [now this
section] without reference to the repeal of said article by Acts
2005, 79th Leg., ch. 728, § 11.014(b). As so amended, § 3
read:
"§ 3 - Prohibition
An insurer may not make an underwriting decision regarding a residential property insurance policy based on previous mold damage or a claim for mold damage ...
- Texas Insurance Code Section 544.304 - Rules
The commissioner shall adopt rules as necessary to implement this subchapter. Added by Acts 2005, 79th Leg., ch. 728, § 11.014(a), eff. Sept. 1, 2005. ...
- Texas Insurance Code Section 544.305 - Penalty
An insurer that violates this subchapter is subject, after notice and opportunity for hearing, to sanctions as provided by Chapters 82, 83, and 84. Added ...
- Texas Insurance Code Section 544.301 - Definition
In this subchapter, "individual health benefit plan" means: (1) an individual accident and health insurance policy to which Chapter 1201 applies; or (2) individual health ...
- Texas Insurance Code Section 544.302 - Limitation On Certain Inquiries
A health benefit plan issuer may ask an individual who is an applicant for an individual health benefit plan or any other person or entity ...
- Texas Insurance Code Section 544.303 - Violation Of Subchapter; Unfair Discrimination
A health benefit plan issuer who violates this subchapter engages in unfair discrimination under Subchapter B. Added by Acts 2005, 79th Leg., ch. 748, § ...
- Texas Insurance Code Section 544.351 - Purpose
The purpose of this subchapter is to protect persons and property from being unfairly stigmatized in obtaining residential property insurance by the filing of a ...
- Texas Insurance Code Section 544.352 - Definitions
See also note following text of this section In this subchapter: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, ...
- Texas Insurance Code Section 544.353 - Restrictions On Use Of Claims History For Water Damage
(a) Underwriting guidelines relating to a water damage claim or claims used by an insurer shall be governed by rules adopted by the commissioner in ...
- Texas Insurance Code Section 544.354 - Rules
The commissioner shall adopt rules to accomplish the purposes of this subchapter, including rules with regard to the definition of a water damage claim. Added ...
- Texas Insurance Code Section 544.401 - Offense: Certain Discrimination
(a) In this section, "person" means a legal entity listed below and engaged in the business of life insurance or an officer or director of ...
- Texas Insurance Code Section 545.001 - Definitions
In this chapter: (1) "AIDS" has the meaning assigned by Section 81.101, Health and Safety Code. (2) "Applicant" means an individual who applies to an ...
- Texas Insurance Code Section 545.002 - Exclusive Applicability
This chapter and rules adopted under this chapter exclusively govern the practices of an issuer in testing applicants to determine or help determine if an ...
- Texas Insurance Code Section 545.003 - Rules
The commissioner may adopt: (1) reasonable rules and forms necessary to implement this chapter; and (2) rules to be followed for an HIV-related test requested ...
- Texas Insurance Code Section 545.051 - Hiv-Related Testing Authorized
An issuer may request or require an applicant to take an HIV-related test in connection with the application. Added by Acts 2003, 78th Leg., ch. ...
- Texas Insurance Code Section 545.052 - Nondiscriminatory Basis Required
(a) An issuer that requests or requires applicants to take an HIV-related test must request or require the test on a nondiscriminatory basis. (b) An ...
- Texas Insurance Code Section 545.053 - Explanation And Authorization Required
(a) An issuer that requests or requires an applicant to take an HIV-related test in connection with an application must: (1) provide an explanation to ...
- Texas Insurance Code Section 545.054 - Inquiries Regarding Previous Tests
(a) An issuer may inquire whether an applicant has: (1) tested positive on an HIV-related test; or (2) been diagnosed with HIV or AIDS. (b) ...
- Texas Insurance Code Section 545.055 - Notice Of Positive Test Result; Fee
(a) An applicant must be given written notice of a positive HIV-related test result by: (1) a physician designated by the applicant; or (2) the ...
- Texas Insurance Code Section 545.056 - Adverse Underwriting Decision; Test Protocol Rules
An issuer may not make an adverse underwriting decision based on a positive HIV-related test unless a test protocol established by commissioner rule is followed. ...
- Texas Insurance Code Section 545.057 - Confidentiality Of Test Result Required
(a) An HIV-related test result is confidential. (b) An issuer may not release or disclose the test result or otherwise allow the test result to ...
- Texas Insurance Code Section 545.701 - Sanctions
The commissioner may impose sanctions under Chapter 82 on an issuer that violates this chapter. Added by Acts 2003, 78th Leg., ch. 1274, § 2, ...
- Texas Insurance Code Section 545.702 - Civil Action; Penalty
(a) A person who is injured by a violation of Section 545.057 may bring a civil action for damages. (b) A person may bring an ...
- Texas Insurance Code Section 545.703 - Criminal Penalty
(a) A person or entity commits an offense if the person or entity, with criminal negligence, violates Section 545.057 by: (1) releasing or disclosing a ...
- Texas Insurance Code Section 546.001 - Definitions
In this chapter: (1) "DNA" means deoxyribonucleic acid. (2) "Genetic characteristic" means a scientifically or medically identifiable genetic or chromosomal variation, composition, or alteration that ...
- Texas Insurance Code Section 546.002 - Applicability Of Chapter
This chapter applies only to a health benefit plan that: (1) provides benefits for medical or surgical expenses incurred as a result of a health ...
- Texas Insurance Code Section 546.003 - Exceptions
This chapter does not apply to: (1) a plan that provides coverage: (A) only for a specified disease; (B) only for accidental death or dismemberment; ...
- Texas Insurance Code Section 546.051 - Certain Testing Permitted; Inducement Prohibited
(a) A health benefit plan issuer that requests an applicant for coverage under the plan to submit to a genetic test in connection with the ...
- Texas Insurance Code Section 546.052 - Improper Use Of Test Results; Refusal To Submit To Testing
A health benefit plan issuer may not use genetic information or the refusal of an applicant to submit to a genetic test to reject, deny, ...
- Texas Insurance Code Section 546.053 - Testing Related To Pregnancy
(a) In this section, " coerce" means to restrain or dominate a woman's free will by actual or implied: (1) force; or (2) threat of ...
- Texas Insurance Code Section 546.054 - Destruction Of Sample Material; Exceptions
A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was ...
- Texas Insurance Code Section 546.101 - Disclosure Of Test Results To Individual Tested
(a) An individual who submits to a genetic test has the right to know the results of the test. On the written request by the ...
- Texas Insurance Code Section 546.102 - Confidentiality Of Genetic Information
(a) Except as provided by Sections 546.103(a) and (b), genetic information is confidential and privileged regardless of the source of the information. (b) A person ...
- Texas Insurance Code Section 546.103 - Exceptions To Confidentiality
(a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization under Section 546.104 if the disclosure is: (1) ...
- Texas Insurance Code Section 546.104 - Authorized Disclosure
An individual or an individual's legal representative may authorize disclosure of genetic information relating to the individual by an authorization that: (1) is written in ...
- Texas Insurance Code Section 546.151 - Cease And Desist Order
(a) On a finding by the commissioner that a health benefit plan issuer is in violation of this chapter, the commissioner may issue a cease ...
- Texas Insurance Code Section 546.152 - Administrative Penalty
A health benefit plan issuer that operates a plan in violation of this chapter is subject to an administrative penalty as provided by Chapter 84. ...
- Texas Insurance Code Section 547.001 - Definitions
In this chapter: (1) "Alien or foreign insurer" means an insurance company organized under the laws of: (A) a country other than the United States; ...
- Texas Insurance Code Section 547.002 - Construction Of Chapter
This chapter shall be construed liberally. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 547.051 - Acts Prohibited
(a) This section applies only to an insurer's misrepresentation of: (1) the insurer's financial condition; (2) the terms of an existing or future contract; (3) ...
- Texas Insurance Code Section 547.052 - Notice Of Violation To Insurer's Domiciliary State
(a) In this section, the domiciliary state of an alien insurer is the state of entry or the state of the insurer's principal office in ...
- Texas Insurance Code Section 547.053 - Enforcement Action
The department shall take action under Chapter 541 against an insurer notified under Section 547.052 if: (1) after the 30th day following the date of ...
- Texas Insurance Code Section 548.001 - Purpose
(a) The purpose of this chapter is to provide for protection of the public interest, investors, and shareholders of domestic stock insurers by: (1) regulating ...
- Texas Insurance Code Section 548.002 - Definitions
In this chapter: (1) "Domestic stock insurer" includes a domestic title insurance company regulated by Title 11 and a stipulated premium company regulated by Chapter ...
- Texas Insurance Code Section 548.003 - Rulemaking Authority
The commissioner may: (1) adopt rules necessary for the execution of the powers and duties of the department or commissioner under this subchapter and Subchapter ...
- Texas Insurance Code Section 548.004 - Rules Relating To Equity Securities And Exempt Securities
(a) If the commissioner considers it necessary or appropriate in the public interest or for the protection of investors, the commissioner by rule may define: ...
- Texas Insurance Code Section 548.101 - Definition
In this subchapter, "insider" means a person who: (1) is directly or indirectly the beneficial owner of more than 10 percent of any class of ...
- Texas Insurance Code Section 548.102 - Statement Of Beneficial Ownership Of Equity Securities
(a) Not later than the 10th day after the date a person becomes an insider, the insider shall file with the department a statement of ...
- Texas Insurance Code Section 548.103 - Recovery Of Certain Profits
(a) The purpose of this section is to prevent the unfair use of information that may be obtained by an insider because of the insider's ...
- Texas Insurance Code Section 548.104 - Sale Or Nondelivery Of Certain Equity Securities Prohibited
(a) An insider may not directly or indirectly sell an equity security of the domestic stock insurer if the insider selling the security or the ...
- Texas Insurance Code Section 548.105 - Certain Solicitations Prohibited; Disclosure By Insurer
(a) A person, in violation of any rule adopted by the commissioner under this section, may not solicit or permit the use of the person's ...
- Texas Insurance Code Section 548.106 - Nonapplicability Of Subchapter
(a) This subchapter does not apply to an equity security of a domestic stock insurer if: (1) the security is or is required to be ...
- Texas Insurance Code Section 548.201 - Offenses; Criminal Penalty
(a) A person commits an offense if the person intentionally: (1) violates this chapter or a rule adopted under this chapter; or (2) makes or ...
- Texas Insurance Code Section 548.202 - Civil Penalty
(a) A person who wilfully violates this chapter or a rule adopted under this chapter is liable for a civil penalty of not less than ...
- Texas Insurance Code Section 548.203 - Injunctive Action
A suit to enjoin a violation or a threatened violation of this chapter may be brought in any district court in which an action for ...
- Texas Insurance Code Section 549.001 - Definitions
In this chapter: (1) "Borrower" means an individual, partnership, corporation, association, or other entity who has or acquires a legal or equitable interest in real ...
- Texas Insurance Code Section 549.002 - Inapplicability Of Chapter To Title Insurance
This chapter does not apply to title insurance. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 549.003 - Cancellation Of Policy After Foreclosure Authorized
In the event of a foreclosure under a deed of trust, the lender may cancel an insurance policy covering the foreclosed property and is entitled ...
- Texas Insurance Code Section 549.051 - Fees For Substitution Or Replacement Of Policy
(a) A lender may not require a fee in an amount greater than $10 for the substitution by the borrower of a new insurance policy ...
- Texas Insurance Code Section 549.052 - Requiring Policy From Particular Source
A lender may not directly or indirectly require as a condition of the financing or lending of money or the renewal or extension of financing ...
- Texas Insurance Code Section 549.053 - Use Of Policy Information
(a) Except as otherwise provided by this section, a lender may not: (1) use or permit the use of any information taken from an insurance ...
- Texas Insurance Code Section 549.054 - Requiring Evidence Of Insurance Before Termination Of Policy
A lender may not require a borrower to provide evidence of insurance earlier than the 15th day before the termination date of an existing insurance ...
- Texas Insurance Code Section 549.055 - Insurance Binder As Evidence Of Insurance
(a) A lender that requires a borrower to secure insurance coverage before the lender will provide a residential mortgage or commercial real estate loan must ...
- Texas Insurance Code Section 549.0551 - Requiring Certain Amounts Of Coverage
(a) A lender may not require as a condition of financing a residential mortgage or providing other financing arrangements for residential property, including a mobile ...
- Texas Insurance Code Section 549.056 - Certain Actions By Lender Not Prohibited
(a) This subchapter does not prevent a lender from requiring evidence to be produced before the commencement or renewal of a risk that insurance has ...
- Texas Insurance Code Section 549.101 - Enforcement Action
The attorney general, commissioner, or department may institute a proceeding to enforce this chapter and to enjoin any individual, partnership, corporation, association, or other entity ...
- Texas Insurance Code Section 549.102 - Civil Damages
(a) A borrower may recover from a lender who violates this chapter civil damages in an amount equal to three times the annual premium for ...
- Texas Insurance Code Section 550.001 - Solicitation Or Collection Of Certain Payments
(a) An insurer or an insurer's agent or sponsoring organization may not solicit or collect, in connection with an application for insurance or the issuance ...
- Texas Insurance Code Section 550.002 - Increase In Certain Premium Payments
(a) In this section: (1) "Account" means a person's account in a financial institution. (2) "Financial institution" means a state or national bank, a state ...
- Texas Insurance Code Section 551.001 - Rules
(a) The commissioner may, as necessary, adopt and enforce reasonable rules, including notice requirements, relating to the cancellation and nonrenewal of any insurance policy regulated ...
- Texas Insurance Code Section 551.002 - Written Statement Of Reasons For Declination, Cancellation, Or Nonrenewal
(a) The commissioner shall require an insurer, on request by an applicant for insurance or a policyholder, to provide to the applicant or policyholder a ...
- Texas Insurance Code Section 551.003 - Immunity From Liability
An insurer or agent or an employee of an insurer or agent is not liable, and a cause of action does not arise against that ...
- Texas Insurance Code Section 551.004 - Transfer Not Considered A Refusal To Renew
For purposes of this chapter and Articles 5.06-1 and 5.06-3 of this code, the transfer of a policyholder between admitted companies within the same insurance ...
- Texas Insurance Code Section 551.051 - Definitions
In this subchapter: (1) "Insurer" means an insurance company or other entity admitted to engage in business and authorized to write liability insurance in this ...
- Texas Insurance Code Section 551.052 - Cancellation Prohibited; Exceptions
(a) An insurer may not cancel a liability insurance policy that is a renewal or continuation policy. (b) An insurer may not cancel a liability ...
- Texas Insurance Code Section 551.053 - Written Notice Of Cancellation Required
Not later than the 10th day before the date on which the cancellation of a liability insurance policy takes effect, an insurer must deliver or ...
- Texas Insurance Code Section 551.054 - Written Notice Of Nonrenewal Required
(a) An insurer may refuse to renew a liability insurance policy if the insurer delivers or mails written notice of the nonrenewal to the first-named ...
- Texas Insurance Code Section 551.055 - Reason For Cancellation Or Nonrenewal Required
In a notice to an insured relating to cancellation or refusal to renew, an insurer must state the reason for the cancellation or nonrenewal. The ...
- Texas Insurance Code Section 551.101 - Definition
In this subchapter, "insurer" means any authorized insurer writing property and casualty insurance in this state, including: (1) a county mutual insurance company; (2) a ...
- Texas Insurance Code Section 551.102 - Applicability Of Subchapter
This subchapter applies only to: (1) a personal automobile insurance policy, other than a policy written through the Texas Automobile Insurance Plan Association; (2) a ...
- Texas Insurance Code Section 551.103 - Cancellation
For the purposes of this subchapter, an insurer has canceled an insurance policy if the insurer, without the consent of the insured: (1) terminates coverage ...
- Texas Insurance Code Section 551.104 - Authorized Cancellation Of Policies
(a) An insurer may cancel an insurance policy only as provided by this section. (b) An insurer may cancel any policy if: (1) the named ...
- Texas Insurance Code Section 551.105 - Nonrenewal Of Policies; Notice Required
Unless the insurer has mailed written notice of nonrenewal to the insured not later than the 30th day before the date on which the insurance ...
- Texas Insurance Code Section 551.106 - Renewal And Reinstatement Of Personal Automobile Insurance Policies
(a) An insurer may not refuse to renew a personal automobile insurance policy solely because of the age of the person covered by the policy. ...
- Texas Insurance Code Section 551.107 - Renewal Of Certain Policies; Premium Surcharge Authorized; Notice
(a) This section applies only to a standard fire, homeowners, or farm or ranch owners insurance policy. (b) A claim under this section does not ...
- Texas Insurance Code Section 551.108 - Insurer Records
(a) An insurer shall maintain information regarding cancellation or nonrenewal of insurance policies in accordance with the insurer's ordinary practices for maintaining records of expired ...
- Texas Insurance Code Section 551.109 - Insurer Statement
An insurer shall, at the request of an applicant for insurance or an insured, provide a written statement of the reason for a declination, cancellation, ...
- Texas Insurance Code Section 551.110 - Liability For Disclosure
An insurer or agent or an employee of an insurer or agent is not liable for a statement or disclosure made in good faith under ...
- Texas Insurance Code Section 551.111 - Effect Of Noncompliance
A cancellation of an insurance policy made in violation of this subchapter has no effect. Added by Acts 2003, 78th Leg., ch. 1274, § 2, ...
- Texas Insurance Code Section 551.112 - Rules
The commissioner may adopt rules relating to the cancellation and nonrenewal of insurance policies. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. ...
- Texas Insurance Code Section 551.113 - Declination Prohibited; Consideration Of Certain Claims
(a) This section applies only to a standard fire, homeowners, or farm and ranch owners insurance policy. (b) When deciding to issue or to decline ...
- Texas Insurance Code Section 551.151 - Definition
In this subchapter, "insurer" has the meaning assigned by Section 551.101. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 551.152 - Elected Officials
An insurer may not cancel or refuse to renew an insurance policy based solely on the fact that the policyholder is an elected official. Added ...
- Texas Insurance Code Section 552.001 - Applicability Of Chapter
(a) This chapter does not apply to the provision of a health care service to a: (1) Medicaid or Medicare patient or a patient who ...
- Texas Insurance Code Section 552.002 - Fraudulent Insurance Act
An offense under Section 552.003 is a fraudulent insurance act under Chapter 701. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April ...
- Texas Insurance Code Section 552.003 - Charging Different Prices; Offense
(a) A person commits an offense if: (1) the person knowingly or intentionally charges two different prices for providing the same product or service; and ...
- Texas Insurance Code Section 553.001 - Definitions
In this chapter: (1) "Holocaust victim" means a person who was killed or injured, or who lost financial assets or other property, as the result ...
- Texas Insurance Code Section 553.002 - Suspension Of Limitations Period
(a) Notwithstanding any other law, a Holocaust victim, or the heir, assignee, beneficiary, or successor of a Holocaust victim, who resides in this state and ...
- Texas Insurance Code Section 553.003 - Violation By Insurer
An insurer violates this chapter if the insurer fails to comply with a claim brought under this chapter by: (1) denying the claim on the ...
- Texas Insurance Code Section 553.004 - Examination; Enforcement
(a) If the commissioner considers it necessary, the commissioner may initiate an examination of an insurer under Article 1.15. (b) If the commissioner believes that ...
- Texas Insurance Code Section 554.001 - Applicability Of Chapter
This chapter applies to each insurer or health maintenance organization engaged in the business of insurance or the business of a health maintenance organization in ...
- Texas Insurance Code Section 554.002 - Burden Of Proof And Pleading
In a suit to recover under an insurance or health maintenance organization contract, the insurer or health maintenance organization has the burden of proof as ...
- Texas Insurance Code Section 555.001 - Applicability Of Chapter
This chapter does not apply to an insurer subject to Chapter 841. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, ...
- Texas Insurance Code Section 555.002 - Revocation Of Certificate Of Authority
If an execution issued on a final judgment rendered against an insurer is not satisfied and discharged before the 31st day after the date of ...
- Texas Insurance Code Section 556.001 - Definitions
In this chapter: (1) "Affiliate" means a person who, directly or indirectly or through one or more intermediaries, controls or is controlled by another person ...
- Texas Insurance Code Section 556.002 - Rules
The commissioner may adopt reasonable rules to comply with federal law applicable to the sale of insurance and for the implementation and administration of this ...
- Texas Insurance Code Section 556.051 - Unfair Method Of Competition Or Unfair Practice: Tying
(a) A depository institution engages in an unfair method of competition or an unfair practice in the sale of insurance by the depository institution if ...
- Texas Insurance Code Section 556.052 - Unfair Method Of Competition Or Unfair Practice: Failure To Disclose
A depository institution engages in an unfair method of competition or an unfair practice in the sale of insurance by the depository institution if, on ...
- Texas Insurance Code Section 556.101 - Prohibition On Certain Referrals Or Solicitations To Purchase Insurance
(a) An individual who is an employee or agent of a depository institution or a subsidiary or affiliate of a depository institution may not directly ...
- Texas Insurance Code Section 556.102 - Insurance Sale With Loan Transaction
(a) If insurance is offered or sold to a depository institution's customer in connection with a loan transaction by the depository institution, the insurance salesperson ...
- Texas Insurance Code Section 556.103 - Designation Of Place Of Insurance Activities
(a) The place where a depository institution sells or solicits the purchase of insurance or the place on the premises of a depository institution where ...
- Texas Insurance Code Section 556.104 - Use Of Customer Information
(a) In this section: (1) "Customer" means a person with an investment, security, deposit, trust, or credit relationship with a financial institution. (2) "Nonpublic customer ...
- Texas Insurance Code Section 556.151 - Applicability Of Subchapter
This subchapter does not apply to a credit life, credit accident and health, credit property, or credit involuntary unemployment insurance policy that is: (1) specifically ...
- Texas Insurance Code Section 556.152 - Promotional Materials Disclosure
(a) This section applies to each agent that is a depository institution or that, on the premises of a depository institution or in connection with ...
- Texas Insurance Code Section 556.153 - Disclosure At Time Of Loan Application
(a) At the time a loan application is made, a depository institution shall provide to the customer a written disclosure as required by this section ...
- Texas Insurance Code Section 556.154 - Form Of Disclosure
(a) The disclosure required by Section 556.153 must be in substantially the following form: "You have applied for a loan with the depository institution. As ...
- Texas Insurance Code Section 557.001 - Definitions
In this subchapter: (1) "Lender" means a person holding a mortgage, lien, deed of trust, or other security interest in property. (2) "Residential real property" ...
- Texas Insurance Code Section 557.002 - Notification By Lender To Insured Concerning Insurance Proceeds
(a) If a claim under an insurance policy for damage to residential real property is paid to the insured and a lender, and the lender ...
- Texas Insurance Code Section 557.003 - Lender's Release Or Refusal To Release Insurance Proceeds
Not later than the 10th day after the date a lender receives from the insured a request for release of all or part of the ...
- Texas Insurance Code Section 557.004 - Payment Of Interest; Rate
A lender who fails to provide notice as required by Section 557.002 or 557.003 or to release insurance proceeds as required by Section 557.003 shall ...
- Texas Insurance Code Section 557.005 - Accrual Of Interest
(a) If a lender fails to provide notice as required by Section 557.002 or 557.003, interest begins to accrue on the date the lender received ...
- Texas Insurance Code Section 557.006 - Interest Not Required On Insurance Proceeds Applied To Reduce Note
A lender is not required to pay interest on insurance proceeds applied, in accordance with the terms and conditions of a deed of trust or ...
- Texas Insurance Code Section 557.051 - Lienholder Approval Of Payment
If payment of an insurance claim relating to personal property requires the endorsement of a check or draft by a holder of a lien on ...
- Texas Insurance Code Section 557.052 - Civil Penalty
(a) A lienholder who violates Section 557.051 is liable for a civil penalty not to exceed $500 for each violation. (b) The attorney general may ...
- Texas Insurance Code Section 558.001 - Definition
In this chapter, "insurer" means an insurance company or other entity authorized to engage in the business of insurance in this state. The term includes: ...
- Texas Insurance Code Section 558.002 - Applicability Of Chapter; Refund Of Unearned Premium
(a) This chapter applies to an insurer that issues an insurance policy that requires the insurer to maintain an unearned premium reserve for the portion ...
- Texas Insurance Code Section 558.003 - Rules And Guidelines
The commissioner shall: (1) adopt rules necessary to implement this chapter; and (2) establish appropriate guidelines to determine the portion of an unearned premium that ...
- Texas Insurance Code Section 558.004 - Effect On Insurance Premium Finance Company
This chapter does not affect the obligation of an insurer to pay an unearned premium to an insurance premium finance company in accordance with Section ...
- Texas Insurance Code Section 559.001 - Definitions
In this chapter: (1) "Adverse effect" means an action taken by an insurer in connection with the underwriting of insurance for a consumer that results ...
- Texas Insurance Code Section 559.002 - Applicability Of Chapter
This chapter applies to an insurer that writes personal insurance coverage and uses credit information or credit reports for the underwriting or rating of that ...
- Texas Insurance Code Section 559.003 - Information Provided To Public
The department shall: (1) update insurer profiles maintained on the department's Internet website to provide information to consumers stating whether or not an insurer uses ...
- Texas Insurance Code Section 559.004 - Rules
(a) The commissioner may adopt rules necessary to implement this chapter. (b) The commissioner shall adopt rules that prescribe the allowable differences in rates charged ...
- Texas Insurance Code Section 559.051 - Permissible Use Of Credit Scoring
An insurer may use credit scoring, except for factors that constitute unfair discrimination, to develop rates, rating classifications, or underwriting criteria regarding lines of insurance ...
- Texas Insurance Code Section 559.052 - Prohibited Use Of Credit Information
(a) An insurer may not: (1) use a credit score that is computed using factors that constitute unfair discrimination; (2) deny, cancel, or nonrenew a ...
- Texas Insurance Code Section 559.053 - Disclosure To Consumer Regarding Use Of Credit Scoring
(a) An insurer that uses credit scoring in the underwriting or rating of insurance subject to this chapter shall disclose to each applicant for insurance ...
- Texas Insurance Code Section 559.054 - Notice Of Action Resulting In Adverse Effect
(a) If, based in whole or in part on information contained in a credit report, an insurer takes an action resulting in an adverse effect ...
- Texas Insurance Code Section 559.055 - Dispute Resolution; Error Correction
(a) If it is determined through the dispute resolution process established under Section 611(a)(5), Fair Credit Reporting Act (15 U.S.C. Section 1681i), as amended, that ...
- Texas Insurance Code Section 559.056 - Indemnification Of Agent
(a) An insurer shall indemnify, defend, and hold its agent harmless from and against all liability, fees, and costs that arise out of or relate ...
- Texas Insurance Code Section 559.057 - Sale Of Policy Term Information By Consumer Reporting Agency Prohibited
(a) A consumer reporting agency may not provide or sell data or lists that include any information that, in whole or in part, was submitted ...
- Texas Insurance Code Section 559.101 - Negative Factors
An insurer may not use any of the following as a negative factor in any credit scoring methodology or in reviewing credit information to underwrite ...
- Texas Insurance Code Section 559.102 - Multiple Lender Inquiries
(a) An insurer shall consider multiple lender inquiries made within 30 days of a prior inquiry, if coded by the consumer reporting agency on the ...
- Texas Insurance Code Section 559.103 - Extraordinary Events
(a) Notwithstanding any other law, an insurer shall, on written request from an applicant for insurance coverage or an insured, provide reasonable exceptions to the ...
- Texas Insurance Code Section 559.151 - Filing Required
(a) An insurer that uses credit scores to underwrite and rate risks shall file the insurer's credit scoring models or other credit scoring processes with ...
- Texas Insurance Code Section 559.152 - Public Information
A credit scoring model filed to comply with this chapter, as of the date the filing is received by the department: (1) is public information; ...
- Texas Insurance Code Section 559.201 - Violation
An insurer that violates this chapter or a rule adopted under this chapter commits an unfair practice in violation of Chapter 541 and is subject ...
- Texas Insurance Code Section 601.001 - Definitions
In this chapter: (1) "Affiliate" means a company that controls, is controlled by, or is under common control with another company. For the purposes of ...
- Texas Insurance Code Section 601.002 - Compliance With Federal Law Required
(a) A covered entity shall comply with 15 U.S.C. Sections 6802 and 6803, as amended, in the same manner as a financial institution is required ...
- Texas Insurance Code Section 601.003 - Exemption
Section 601.002(a) does not apply to a covered entity to the extent that the entity is acting solely as an insurance agent, employee, or other ...
- Texas Insurance Code Section 601.004 - Treatment Of Certain Health Information; Stricter Rules Not Precluded
This chapter does not affect the authority of the department or another state agency to adopt stricter rules governing the treatment of health information by ...
- Texas Insurance Code Section 601.051 - Rules
(a) The commissioner shall adopt: (1) rules to implement this chapter; and (2) any other rules necessary to carry out Subtitle A, Title V, Gramm-Leach-Bliley ...
- Texas Insurance Code Section 601.052 - Implementation Of Certain Standards
The department shall implement standards as required by 15 U.S.C. Section 6805(b), as amended. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. ...
- Texas Insurance Code Section 601.101 - Enforcement By Department
The department shall enforce 15 U.S.C. Sections 6801-6805, as amended, to the extent required by 15 U.S.C. Section 6805, as amended, and this chapter. Added ...
- Texas Insurance Code Section 601.102 - Injunctive Or Declaratory Relief; Civil Penalty
(a) The attorney general, after conferring with the commissioner, may institute an action for injunctive or declaratory relief to restrain a violation of this chapter. ...
- Texas Insurance Code Section 602.001 - Definitions
In this chapter: (1) "Covered entity" means a person who holds or is required to hold a license, registration, certificate of authority, or other authorization ...
- Texas Insurance Code Section 602.002 - Applicability Of Chapter To Covered Entity Required To Comply With Certain Federal Standards
This chapter does not apply to a covered entity that is required to comply with the standards governing the privacy of individually identifiable health information ...
- Texas Insurance Code Section 602.003 - Construction Of Chapter
(a) This chapter does not preempt or supersede state law in effect on July 1, 2002, that relates to the privacy of medical records, health ...
- Texas Insurance Code Section 602.004 - Rules
The commissioner may adopt rules as necessary to implement this chapter. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 602.051 - Authorization For Disclosure Of Certain Health Information
(a) Except as provided by Section 602.053, a covered entity must obtain authorization to disclose nonpublic personal health information before disclosing the information. (b) A ...
- Texas Insurance Code Section 602.052 - Delivery Of Authorization Form And Request For Authorization
(a) A covered entity may deliver to a consumer or customer a request for authorization and an authorization form only if the request and form ...
- Texas Insurance Code Section 602.053 - Exceptions
A covered entity may disclose nonpublic personal health information to the extent that the disclosure is necessary to perform the following insurance or health maintenance ...
- Texas Insurance Code Section 602.101 - Prohibition
A covered entity may not knowingly or wilfully violate this chapter. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 602.102 - Injunction
The attorney general may bring an action for injunctive relief to restrain a violation of this chapter. Added by Acts 2003, 78th Leg., ch. 1274, ...
- Texas Insurance Code Section 602.103 - Civil Penalty
(a) The attorney general may bring an action for a civil penalty against a covered entity or health care entity for a violation of this ...
- Texas Insurance Code Section 602.104 - Disciplinary Action
(a) In addition to a penalty prescribed by this subchapter, a covered entity that violates this chapter is subject to investigation, disciplinary proceedings, and probation ...
- Texas Insurance Code Section 602.105 - Exclusion From State Programs
If there is evidence that a covered entity has engaged in a pattern or practice of violating this chapter, in addition to the other penalties ...
- Texas Insurance Code Section 602.106 - Remedies Available
This subchapter does not affect any right of a person under other law to bring a cause of action or otherwise seek relief with respect ...
- Texas Insurance Code Section 651.001 - Definitions
In this chapter: (1) "Annual percentage rate" means the annual percentage rate of finance charge determined under the Consumer Credit Protection Act and Regulation Z. ...
- Texas Insurance Code Section 651.002 - Certain Conduct Not Engaging In Business As Insurance Premium Finance Company
(a) The preparation or delivery by an insurance agent of a premium finance agreement or disclosure statement required by Section 651.155 on behalf of the ...
- Texas Insurance Code Section 651.003 - Rules
(a) The commissioner may adopt and enforce rules necessary to administer this chapter. (b) The rules may contain classifications, differentiations, or other provisions and provide ...
- Texas Insurance Code Section 651.004 - Employment Of Examiners And Investigators; Payment Of Expenses
The department may: (1) employ persons as necessary to examine or investigate and make reports on alleged violations of this chapter and compliance with any ...
- Texas Insurance Code Section 651.005 - Deposit And Use Of Fees
Each fee collected under this chapter: (1) shall be deposited to the credit of the Texas Department of Insurance operating account; and (2) may be ...
- Texas Insurance Code Section 651.006 - Assessments
(a) A license holder shall pay to the department: (1) an amount imposed by the department to cover the direct and indirect cost of examinations ...
- Texas Insurance Code Section 651.007 - Applicability Of Consumer Credit Protection Act And Regulation Z
A transaction that is subject to this chapter is also subject to: (1) the Consumer Credit Protection Act; and (2) the applicable provisions of Regulation ...
- Texas Insurance Code Section 651.008 - Authority Of General Property And Casualty Agents To Charge Interest To Certain Persons
(a) Notwithstanding any other law, a general property and casualty agent who holds a license under Chapter 4051 may enter into a written agreement with ...
- Texas Insurance Code Section 651.051 - License Required
(a) Unless the person is a license holder, a person may not: (1) negotiate, transact, or engage in the business of insurance premium financing in ...
- Texas Insurance Code Section 651.052 - License Fee
(a) The department shall establish the fee for a license under this subchapter in an amount not to exceed $200. (b) The fee for a ...
- Texas Insurance Code Section 651.053 - Entitlement Of Banks And Savings And Loan Associations To License
(a) A bank or a savings and loan association is entitled to receive a license under this subchapter if the bank or savings and loan ...
- Texas Insurance Code Section 651.054 - Application For License; Investigation Fee; Exemption
(a) An application for a license to engage in the business of insurance premium financing must: (1) be in writing on a form prescribed by ...
- Texas Insurance Code Section 651.055 - Refusal To Issue License
The department may refuse to issue a license to an applicant if the department determines that: (1) the financial responsibility, experience, character, or general fitness ...
- Texas Insurance Code Section 651.056 - Notice Of Action On Application
Not later than the 90th day after the date the department receives an application under Section 651.054, the department shall notify the applicant that: (1) ...
- Texas Insurance Code Section 651.057 - Issuance Of License
After approval of an application and on receipt of the required license fee, the department shall: (1) issue a license authorizing the license holder to ...
- Texas Insurance Code Section 651.058 - Reciprocal License
The department may waive any license requirement for an applicant who holds a valid license from another state that has license requirements substantially equivalent to ...
- Texas Insurance Code Section 651.059 - Issuance Of Multiple Licenses
The department may issue a person more than one license under this subchapter but may not issue one person more than 60 of those licenses. ...
- Texas Insurance Code Section 651.060 - Single Business Location Authorized By License
A license authorizes the license holder to maintain only one location where the business of insurance premium financing may be conducted. Added by Acts 2003, ...
- Texas Insurance Code Section 651.061 - Appearance Of License; Posting
(a) A license must state the name and address of the license holder. (b) The license must be conspicuously posted at the location where the ...
- Texas Insurance Code Section 651.062 - Transfer Or Assignment Of License Prohibited
A license may not be transferred or assigned. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005. ...
- Texas Insurance Code Section 651.063 - Term Of License
Unless a staggered renewal system is adopted under Section 651.065, a license is issued for the calendar year and remains valid until December 31 of ...
- Texas Insurance Code Section 651.064 - Procedure For License Renewal
(a) A license holder may renew an unexpired license by paying the required renewal fee to the department. (b) A person whose license has been ...
- Texas Insurance Code Section 651.065 - Staggered Renewal System
(a) The commissioner by rule may adopt a system under which licenses expire on various dates during the year. (b) For a year in which ...
- Texas Insurance Code Section 651.101 - Books, Accounts, And Records
(a) A license holder shall maintain books, accounts, and records in sufficient detail to enable a representative of the department to determine whether the license ...
- Texas Insurance Code Section 651.102 - Annual Report
On or before April 1 of each year, a license holder shall file with the department a report containing information required by the department concerning ...
- Texas Insurance Code Section 651.103 - Business Name
A license holder may not engage in the business of insurance premium financing under any name other than the name stated on the license. Added ...
- Texas Insurance Code Section 651.104 - Business Location
A license holder may not engage in the business of insurance premium financing at any location other than the address stated on the license. Added ...
- Texas Insurance Code Section 651.105 - Relocation Of Place Of Business
(a) A license holder who proposes to relocate the place where the holder engages in the business of insurance premium financing shall give written notice ...
- Texas Insurance Code Section 651.106 - Business Premises
(a) Except as provided by Subsection (b), a license holder may engage in the business of insurance premium financing: (1) in any office, suite, room, ...
- Texas Insurance Code Section 651.107 - Engaging In Business By Mail Or Outside The Community
This chapter does not prohibit a license holder from engaging in the business of insurance premium financing: (1) by mail; or (2) with persons who ...
- Texas Insurance Code Section 651.108 - Certain Charges Prohibited
In connection with a premium finance agreement entered into under this chapter, an insurance charge or any other charge or fee may not be imposed ...
- Texas Insurance Code Section 651.109 - Limitations On Rates And Charges
(a) An insurance premium finance company may not take or receive from an insured a greater rate or charge than is authorized by Chapter 342, ...
- Texas Insurance Code Section 651.110 - Limitations On Certain Inducements Or Sharing Of Profits And Fees
(a) This section applies to: (1) an insurance premium finance company; (2) an insurance agent; (3) a premium finance agreement servicer; or (4) an affiliate, ...
- Texas Insurance Code Section 651.111 - Deceptive Advertising Prohibited
(a) A license holder may not advertise or cause to be advertised in any manner any false, misleading, or deceptive statement or representation with regard ...
- Texas Insurance Code Section 651.151 - Required Form And Contents Of Premium Finance Agreement
(a) A premium finance agreement must be in writing on a form approved by the commissioner. (b) A premium finance agreement must be dated and ...
- Texas Insurance Code Section 651.152 - Other Required Contents
In addition to the items required by Section 651.151, a premium finance agreement must contain the following, as applicable: (1) the finance charge expressed as ...
- Texas Insurance Code Section 651.153 - Form Of Disclosures
(a) The disclosures required by Sections 651.151 and 651.152 must be made clearly, conspicuously, and in meaningful sequence. (b) If the term "finance charge" or ...
- Texas Insurance Code Section 651.154 - Consolidation Of Increase Attributable To Amendment Of Rate Classification
(a) If, in a premium finance agreement, a change in an insured's policy that is caused by an amendment of the rate classification by endorsement ...
- Texas Insurance Code Section 651.155 - Responsibilities Of Insurance Agent
An insurance agent shall: (1) prepare a premium finance agreement; and (2) deliver to the insured each disclosure statement required by law. Added by Acts ...
- Texas Insurance Code Section 651.156 - Taking Of Incomplete Premium Finance Agreement Prohibited
A license holder may not take a premium finance agreement that has not been fully completed and executed at the time the agreement is executed. ...
- Texas Insurance Code Section 651.157 - Perfection Of Premium Finance Agreement As Secured Transaction: Filing Not Required
Filing of a premium finance agreement or a financing statement is not necessary to perfect the agreement as a secured transaction against a creditor, subsequent ...
- Texas Insurance Code Section 651.158 - Prepayment And Refund
(a) Notwithstanding the provisions of any premium finance agreement to the contrary, an insured may pay the balance due under the agreement in full at ...
- Texas Insurance Code Section 651.159 - Default Charge
A premium finance agreement may provide for the payment of a default charge by the insured as provided by Section 342.203, Finance Code, this code, ...
- Texas Insurance Code Section 651.160 - Power Of Attorney
A premium finance agreement may contain a power of attorney that enables the insurance premium finance company to cancel any or all of the insurance ...
- Texas Insurance Code Section 651.161 - Cancellation Of Insurance Contract
(a) An insurance premium finance company may not cancel an insurance contract listed in a premium finance agreement except as provided by this section for ...
- Texas Insurance Code Section 651.162 - Return Of Unearned Premiums And Commissions
(a) This section applies only to a premium finance agreement that contains an assignment or power of attorney for the benefit of the insurance premium ...
- Texas Insurance Code Section 651.163 - Assignment Of Premium Finance Agreement
Unless the insured has notice of an actual or intended assignment of a premium finance agreement, payment by an insured under the agreement to the ...
- Texas Insurance Code Section 651.164 - Restrictions On Premium Finance Agreements
(a) A premium finance agreement may not contain any provision under which, absent default by the insured, the insurance premium finance company holding the agreement ...
- Texas Insurance Code Section 651.165 - Required Notice Of Certain Premium Finance Agreements
(a) An insurance premium finance company that enters into a premium finance agreement that includes an assignment or power of attorney shall notify the insurer ...
- Texas Insurance Code Section 651.166 - Taking, Receiving, Or Charging Unauthorized Amount
(a) Taking or receiving from an insured or the charging of an insured by an insurance premium finance company of a charge greater than authorized ...
- Texas Insurance Code Section 651.167 - Effect Of License Revocation, Suspension, Or Surrender On Premium Finance Agreement
The revocation, suspension, or surrender of a license does not affect the obligation of an insured under a lawful premium finance agreement previously acquired or ...
- Texas Insurance Code Section 651.201 - Examinations And Investigations Of License Holders
(a) The department may conduct an examination or investigation that is necessary to determine whether a license holder: (1) is in compliance with this chapter; ...
- Texas Insurance Code Section 651.202 - Confidentiality Of Reports And Related Material
(a) A report of an examination or investigation under Section 651.201 and any correspondence or memoranda concerning or arising from the examination or investigation: (1) ...
- Texas Insurance Code Section 651.203 - Hearings And Investigations; Subpoena Power
In conducting a hearing or investigation under this chapter, the department or a person designated by the department may: (1) administer oaths; (2) subpoena witnesses; ...
- Texas Insurance Code Section 651.204 - Revocation Or Suspension Of License
After notice and hearing, the department may revoke or suspend a license if: (1) the department finds: (A) that the license holder has violated this ...
- Texas Insurance Code Section 651.205 - Issuance Of Revocation Or Suspension Order
If the department revokes or suspends a license, the department shall: (1) immediately issue in duplicate a written order of revocation or suspension; (2) file ...
- Texas Insurance Code Section 651.206 - Surrender Of License; Effect
(a) A license holder may surrender a license by delivering to the department written notice that the license holder surrenders the license. (b) The surrender ...
- Texas Insurance Code Section 651.207 - License Reinstatement
The department may reinstate a suspended license or issue a new license to a person whose license has been revoked if no fact or condition ...
- Texas Insurance Code Section 651.208 - Offense
(a) A person commits an offense if the person: (1) intentionally, knowingly, recklessly, or negligently engages in the operation of an insurance premium finance company ...
- Texas Insurance Code Section 651.209 - Sanctions; Cease And Desist Orders
In addition to each penalty provided by Sections 651.166 and 651.208, the commissioner or a person designated by the commissioner may: (1) order a sanction ...
- Texas Insurance Code Section 701.001 - Definitions
In this chapter: (1) "Authorized governmental agency" means: (A) a municipal, county, or state law enforcement agency of this state or another state or a ...
- Texas Insurance Code Section 701.002 - Business Of Insurance
A person is engaged in the business of insurance for purposes of this chapter if the person performs any act described by Subchapter B, Chapter ...
- Texas Insurance Code Section 701.003 - Effect Of Chapter
This chapter does not: (1) preempt the authority or relieve the duty of an authorized governmental agency to investigate and prosecute suspected criminal acts; (2) ...
- Texas Insurance Code Section 701.051 - Duty To Report
(a) Not later than the 30th day after the date the person makes the determination or reasonably suspects that a fraudulent insurance act has been ...
- Texas Insurance Code Section 701.052 - Immunity For Furnishing Information Relating To A Fraudulent Insurance Act
(a) A person is not liable in a civil action, including an action for libel or slander, and a civil action may not be brought ...
- Texas Insurance Code Section 701.101 - Insurance Fraud Unit
(a) The purpose of the department's insurance fraud unit is to enforce laws relating to fraudulent insurance acts. (b) The insurance fraud unit may receive, ...
- Texas Insurance Code Section 701.102 - Investigation Of Certain Acts Of Fraud
If the commissioner has reason to believe a person has engaged in, is engaging in, has committed, or is about to commit a fraudulent insurance ...
- Texas Insurance Code Section 701.103 - Disciplinary Action; Report To Other Agencies
(a) The commissioner shall take appropriate disciplinary action as provided by this code if the commissioner believes a fraudulent insurance act has occurred. The commissioner ...
- Texas Insurance Code Section 701.104 - Department Investigators
(a) The commissioner may: (1) employ investigators as necessary to enforce this chapter; and (2) commission those investigators as peace officers. (b) If the commissioner ...
- Texas Insurance Code Section 701.105 - Assistance From Law Enforcement
An investigator employed by the department may request assistance from local law enforcement officers in conducting an investigation authorized by this chapter. Added by Acts ...
- Texas Insurance Code Section 701.106 - Subpoena Authority
(a) The commissioner may issue a subpoena to compel the attendance and testimony of a witness or, except as provided by Subsection (b), the production ...
- Texas Insurance Code Section 701.107 - Certain Agencies' Duty To Provide Information
(a) On the insurance fraud unit's request, an authorized governmental agency or a state licensing agency shall provide material, documents, reports, complaints, or other evidence ...
- Texas Insurance Code Section 701.108 - Insurer's Duty To Provide Information
On the written request of an authorized governmental agency, an insurer shall provide to the agency any relevant information or material relating to a matter ...
- Texas Insurance Code Section 701.109 - Request For Investigation By Insurer
(a) An insurer who conducts an independent investigation of suspected insurance fraud is not required to complete that investigation before requesting that the commissioner conduct ...
- Texas Insurance Code Section 701.151 - Confidentiality Of Department Information
(a) Information or material acquired by the department that is relevant to an investigation by the insurance fraud unit is not a public record for ...
- Texas Insurance Code Section 701.152 - Confidentiality Of Authorized Governmental Agency Information
Information or material acquired under this chapter by an authorized governmental agency is privileged and is not a public record. The information or material is ...
- Texas Insurance Code Section 701.153 - Disclosure Of Information To Certain Agencies
An authorized governmental agency may release to another authorized governmental agency or the department and the department may release to an authorized governmental agency information ...
- Texas Insurance Code Section 701.154 - Disclosure Of Information To Public
(a) Except as otherwise provided by law, an authorized governmental agency or an insurer that possesses or receives information or material under this chapter may ...
- Texas Insurance Code Section 702.001 - Definitions
In this chapter: (1) "Authorized governmental agency" means: (A) the Department of Public Safety; (B) a police department of a municipality; (C) a sheriff's department; ...
- Texas Insurance Code Section 702.002 - Insurer's Duty To Provide Information
(a) On the written request of an authorized governmental agency to an insurer, the insurer or an agent authorized by the insurer to act on ...
- Texas Insurance Code Section 702.003 - Insurer's Duty To Notify Governmental Agency
(a) An insurer or an agent authorized by an insurer to act on the insurer's behalf shall notify an authorized governmental agency if it: (1) ...
- Texas Insurance Code Section 702.004 - Disclosure Of Information To Certain Agencies
An authorized governmental agency provided information under Section 702.002 or 702.003 may provide the information to another authorized governmental agency. Added by Acts 2003, 78th ...
- Texas Insurance Code Section 702.005 - Information Privileged
(a) Information provided under this chapter is privileged and is not a public record. Except as otherwise provided by law, an entity that receives information ...
- Texas Insurance Code Section 702.006 - Immunity For Providing Information
(a) An insurer or a person who provides information on an insurer's behalf is not liable for damages in a civil action or subject to ...
- Texas Insurance Code Section 703.001 - Definition
In this chapter, "covered entity" means a health maintenance organization or insurer regulated by the department, including: (1) a stock life, health, or accident insurance ...
- Texas Insurance Code Section 703.002 - Right Of Intervention
This chapter does not affect the right of any person, including a state agency, to intervene in an antifraud action brought under this chapter. Added ...
- Texas Insurance Code Section 703.051 - Antifraud Action Authorized
(a) A covered entity acting alone or through a person, corporation, or legal entity affiliated with the covered entity may bring an action in a ...
- Texas Insurance Code Section 703.052 - Request For Certification
A covered entity may request the court to certify that the action is an antifraud action under this chapter. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 703.053 - Notice Of Request For Certification
(a) When a covered entity files a request for certification, the covered entity shall provide at least 10 days' notice of the request to the ...
- Texas Insurance Code Section 703.054 - Hearing On Request For Certification
As soon as practicable after a covered entity files a request for certification, the court shall hold a hearing to determine whether the action is ...
- Texas Insurance Code Section 703.055 - Certification
The court shall certify that the action is an antifraud action if the court determines that: (1) the requirements of Section 703.051 are met; and ...
- Texas Insurance Code Section 703.101 - Determination Of Expenses
(a) The court that certifies an action as an antifraud action by order may determine the amount of reasonable and necessary expenses incurred in bringing ...
- Texas Insurance Code Section 703.102 - Deduction Or Offset For Expenses; Reimbursement
(a) Subject to Subsection (b), a covered entity has a deduction or offset against any obligation, assessment, or debt owed by the covered entity to ...
- Texas Insurance Code Section 703.103 - Assignment Of Deduction Or Offset
The covered entity may assign the covered entity's deduction or offset to any other covered entity or reinsurer. Added by Acts 2003, 78th Leg., ch. ...
- Texas Insurance Code Section 703.104 - Treatment Of Deduction Or Offset As Admitted Asset
A covered entity or a covered entity's assignee entitled to an offset or deduction that has not been used may show, in the covered entity's ...
- Texas Insurance Code Section 704.001 - Definition
In this chapter, "plan issuer" means: (1) a health insurer, including a life, health, and accident insurer, a health and accident insurer, a health maintenance ...
- Texas Insurance Code Section 704.002 - Notice Relating To False Or Fraudulent Claims Required
(a) A plan issuer who provides a form for a person to make a claim against or to give notice of the person's intent to ...
- Texas Insurance Code Section 704.051 - Antifraud Plan Required For Certain Plan Issuers
A plan issuer who collects direct written premium shall adopt an antifraud plan under this subchapter. Added by Acts 2003, 78th Leg., ch. 1274, § ...
- Texas Insurance Code Section 704.052 - Antifraud Plan Requirements
An antifraud plan adopted by a plan issuer under this subchapter must include a description of the issuer's procedures for: (1) detecting and investigating possible ...
- Texas Insurance Code Section 704.053 - Filing Of Antifraud Plan
A plan issuer may annually file the issuer's antifraud plan adopted under this subchapter with the insurance fraud unit. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 704.054 - Fraud And Abuse Plans Under Certain State Programs; Enforcement
(a) A fraud and abuse plan put in place by a plan issuer participating in the Medicaid STAR or STAR + Plus program or the ...
- Texas Insurance Code Section 705.001 - Definition
In this subchapter, "insurance policy" means a contract or policy of insurance. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, ...
- Texas Insurance Code Section 705.002 - Applicability Of Subchapter
Except as provided by Section 705.005, this subchapter applies to each insurance policy issued or contracted for in this state. Added by Acts 2003, 78th ...
- Texas Insurance Code Section 705.003 - Policy Provision: Misrepresentation In Proof Of Loss Or Death
(a) An insurance policy provision that states that a misrepresentation, including a false statement, made in a proof of loss or death makes the policy ...
- Texas Insurance Code Section 705.004 - Policy Provision: Misrepresentation In Policy Application
(a) An insurance policy provision that states that false statements made in the application for the policy or in the policy make the policy void ...
- Texas Insurance Code Section 705.005 - Notice To Insured Of Misrepresentations
(a) This section applies to any suit brought on an insurance policy issued or contracted for after June 29, 1903. (b) A defendant may use ...
- Texas Insurance Code Section 705.051 - Immaterial Misrepresentation In Life, Accident, Or Health Insurance Application
A misrepresentation in an application for a life, accident, or health insurance policy does not defeat recovery under the policy unless the misrepresentation: (1) is ...
- Texas Insurance Code Section 705.101 - Definition
In this subchapter, "insurance policy" means a contract or policy of insurance. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, ...
- Texas Insurance Code Section 705.102 - Applicability Of Subchapter
This subchapter applies to any insurance policy issued or contracted for in this state. Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. ...
- Texas Insurance Code Section 705.103 - Documents To Accompany Policy
Except as otherwise provided by this code, a life insurance policy must be accompanied by a copy of: (1) the policy application; and (2) any ...
- Texas Insurance Code Section 705.104 - Misrepresentation In Application For Life Insurance
A defense based on a misrepresentation in the application for, or in obtaining, a life insurance policy on the life of a person in or ...
- Texas Insurance Code Section 705.105 - Applicability Of Other Law
Subchapter A does not apply to a life insurance policy: (1) that contains a provision making the policy incontestable after two years or less; and ...
- Texas Insurance Code Section 706.001 - Definitions
(a) The definitions adopted under Article 5.13-2 apply to this chapter. (b) In this chapter, "identity theft" means a criminal offense described by Section 32.51, ...
- Texas Insurance Code Section 706.002 - Coverage Authorized
(a) An insurer authorized to write property and casualty insurance in this state may offer and issue insurance coverage for a loss suffered by a ...
- Texas Insurance Code Section 706.003 - Eligible Policyholders
(a) An insurer may issue coverage authorized under Section 706.002 to: (1) an individual; or (2) a group, business, employer, association, trustee, or other entity ...
- Texas Insurance Code Section 706.004 - Rates And Forms
Notwithstanding any other law, rates and forms for insurance coverage issued under this chapter are governed by Article 5.13-2. Added by Acts 2005, 79th Leg., ...
- Texas Insurance Code Section 706.005 - Rules
The commissioner may adopt rules as necessary to implement this chapter. Added by Acts 2005, 79th Leg., ch. 102, § 3, eff. Sept. 1, 2005. ...
- Texas Insurance Code Section 751.001 - Short Title
This chapter may be cited as the Insurance Market Conduct Surveillance Act. Added by Acts 2005, 79th Leg., ch. 291, § 3, eff. Sept. 1, ...
- Texas Insurance Code Section 751.002 - Purpose And Scope
(a) The purpose of this chapter is to establish a framework for department market conduct actions, including: (1) processes and systems for identifying, assessing, and ...
- Texas Insurance Code Section 751.003 - Definitions
(a) In this chapter: (1) "Complaint" means a written or documented oral communication, the primary intent of which is to express a grievance or an ...
- Texas Insurance Code Section 751.004 - Immunity
(a) A cause of action does not arise, and liability may not be imposed, for any statements made or conduct performed in good faith while ...
- Texas Insurance Code Section 751.051 - Participation In National Market Conduct Databases
(a) The commissioner shall collect and report market data to the National Association of Insurance Commissioners' market information systems, including the complaint database system, the ...
- Texas Insurance Code Section 751.052 - Coordination With Other States
The commissioner shall coordinate the department's market analysis and examination efforts with other states through the National Association of Insurance Commissioners. Added by Acts 2005, ...
- Texas Insurance Code Section 751.053 - Information From Commissioner
(a) At least once annually or more frequently if determined necessary by the commissioner, the commissioner shall provide in an appropriate manner to insurers and ...
- Texas Insurance Code Section 751.054 - Report Of Violations
(a) The commissioner shall designate an individual within the department whose responsibilities shall include the receipt of information from employees of insurers and other entities ...
- Texas Insurance Code Section 751.055 - Exercise Of Subpoena Authority
The commissioner has the subpoena power authorized by Subchapter C, Chapter 36, for the production of documents under this chapter and enforcement of this subtitle. ...
- Texas Insurance Code Section 751.101 - Commissioner Authority; Interactions With Other Insurance Commissioners Of Other States
(a) The commissioner has responsibility for conducting market conduct examinations on domestic insurers. The commissioner may delegate that responsibility to the insurance commissioner of another ...
- Texas Insurance Code Section 751.151 - Collection Of Information; Commissioner Analysis
(a) Subject to Subsection (d), the commissioner shall gather insurance market information from: (1) data available to the department, including survey results and information required ...
- Texas Insurance Code Section 751.152 - Additional Analysis Of Market Actions
(a) If, as a result of the market analysis, the commissioner determines that further inquiry into a particular insurer or insurance practice is needed, the ...
- Texas Insurance Code Section 751.153 - Protocols For Market Conduct Actions
(a) Each market conduct action taken as a result of a market analysis: (1) must focus on the general business practices and compliance activities of ...
- Texas Insurance Code Section 751.201 - Examination
(a) If the commissioner determines that a market conduct action described by Section 751.152(b) is not appropriate, the commissioner may conduct a targeted examination in ...
- Texas Insurance Code Section 751.202 - Work Plan
Before beginning an examination, market conduct surveillance personnel shall prepare a work plan that includes: (1) the name and address of the insurer to be ...
- Texas Insurance Code Section 751.203 - Notice Of Examination
(a) Unless the examination is conducted in response to extraordinary circumstances as described by Section 751.153(b), the department shall notify an affected insurer of an ...
- Texas Insurance Code Section 751.204 - Pre-Examination Conference
Not later than the 30th day before the scheduled date of the examination, the commissioner shall conduct a pre-examination conference with the insurer's examination coordinator ...
- Texas Insurance Code Section 751.205 - Exit Conference
Before the conclusion of an examination, the member of the market conduct surveillance personnel who is designated as the examiner-in-charge shall schedule an exit conference ...
- Texas Insurance Code Section 751.206 - Examination Report
(a) Unless the commissioner and the insurer agree to a different schedule, the commissioner shall follow the time line established under this section. (b) The ...
- Texas Insurance Code Section 751.207 - Confidentiality Of Examination Report Information
(a) A final or preliminary market conduct examination report, and any information obtained during the course of an examination, is confidential and is not subject ...
- Texas Insurance Code Section 751.208 - Assessment Of Costs Of Examination
(a) Subject to Subsection (d), if the reasonable and necessary cost of a market conduct examination is to be assessed against the affected insurer, fees ...
- Texas Insurance Code Section 751.209 - Limit On Certain Examinations
The commissioner may not conduct a market conduct examination more frequently than once every three years. The commissioner may defer conducting a market conduct examination ...
- Texas Insurance Code Section 751.251 - No Waiver
(a) The disclosure to the commissioner under this subchapter of a document, material, or information does not constitute the waiver of any applicable privilege or ...
- Texas Insurance Code Section 751.252 - Authority Of Commissioner
(a) The commissioner may share documents, materials, or other information obtained by or disclosed to the commissioner under this chapter with other state, federal, and ...
- Texas Insurance Code Section 751.301 - Personnel; Qualifications
(a) To conduct market conduct surveillance under this chapter, the commissioner may designate department staff to perform duties under this chapter, and may supplement that ...
- Texas Insurance Code Section 751.302 - Conflict Of Interest
(a) An individual who is a member of the market conduct surveillance personnel has a conflict of interest, either directly or indirectly, if the individual ...
- Texas Insurance Code Section 751.303 - Access To Information
(a) Except as otherwise provided by law, market conduct surveillance personnel shall, as practicable, have free and full access to all books and records, and ...
- Texas Insurance Code Section 751.304 - Authority Of Market Conduct Surveillance Personnel
Market conduct surveillance personnel may examine insurance company personnel under oath if that action is ordered by the commissioner under Subchapter C, Chapter 36. Added ...
- Texas Insurance Code Section 751.351 - Sanctions
(a) The commissioner may impose sanctions under Chapter 82 against an insurer determined, as a result of a market conduct action or other action under ...
- Texas Insurance Code Section 801.001 - Definitions
In this chapter: (1) "Control" has the meaning described by Section 823. 005. (2) "Insurer" means the issuer of an insurance policy that is issued ...
- Texas Insurance Code Section 801.002 - Exemption For Certain Fraternal Benefit Societies
This chapter does not apply to a fraternal benefit society that: (1) sells insurance policies only as an incidental benefit to its members; and (2) ...
- Texas Insurance Code Section 801.051 - Issuance Of Certificate; Eligibility
The department shall issue under the department's seal a certificate of authority to act as an insurer to an applicant applying for the certificate if ...
- Texas Insurance Code Section 801.052 - Effect And Contents Of Certificate
A certificate of authority issued to an insurer under this chapter authorizes the insurer to engage in the business of insurance. The certificate of authority ...
- Texas Insurance Code Section 801.053 - Duration Of Certificate
A certificate of authority issued to an insurer under this chapter is effective until it is suspended or revoked. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 801.054 - Preference For Domestic Company
In issuing a certificate of authority to an applicant under this chapter, the department shall give preference to an application submitted by a domestic company. ...
- Texas Insurance Code Section 801.055 - Deposit Of Fees
A fee collected by the department under this chapter for a certificate of authority shall be deposited to the credit of the Texas Department of ...
- Texas Insurance Code Section 801.056 - Failure To Provide Complete Set Of Fingerprints: Ground For Denial Of Application
(a) In this section, "authorization" means any authorization issued by the department to engage in an activity regulated under this code, including: (1) a certificate ...
- Texas Insurance Code Section 801.057 - Failure To File Annual Statement: Ground For Revocation Or Suspension
A certificate of authority of an insurer that fails to file an annual statement required by law is subject to being suspended or revoked by ...
- Texas Insurance Code Section 801.101 - Department Inquiry
The department may inquire into the competence, fitness, or reputation of: (1) an officer or director of an insurer; or (2) a person having control ...
- Texas Insurance Code Section 801.102 - Denial Of Application Or Revocation Of Certificate
If after conducting an inquiry under Section 801.101 the department determines that, based on substantial evidence, the person who is the subject of the inquiry ...
- Texas Insurance Code Section 801.151 - Issuance Of Certificate Prohibited
Except as provided by Sections 801.153 and 801.154, the department may not issue a certificate of authority to an applicant if a corporate officer or ...
- Texas Insurance Code Section 801.152 - Revocation Of Certificate
After notice and hearing, the department may revoke the certificate of authority of an insurer if a corporate officer or member of the board of ...
- Texas Insurance Code Section 801.153 - Petition For Issuance Or Reinstatement Of Certificate
A company may petition the commissioner for issuance or reinstatement of a certificate of authority of the company that is denied or revoked under this ...
- Texas Insurance Code Section 801.154 - Grant Of Petition
The commissioner shall grant a petition for issuance or reinstatement of a certificate of authority under this subchapter if the petitioner demonstrates that granting the ...
- Texas Insurance Code Section 801.155 - Rules Relating To Contents Of Petition
The department may adopt rules under this subchapter prescribing the contents of a petition for issuance or reinstatement of a certificate of authority. Added by ...
- Texas Insurance Code Section 802.001 - Form Of Annual Statement
(a) The commissioner, as necessary to obtain an accurate indication of the company's condition and method of transacting business, may change the form of any ...
- Texas Insurance Code Section 802.002 - Actuarial Opinion Required
(a) In this section, "qualified actuary" means: (1) a member in good standing of the American Academy of Actuaries; or (2) a person who has ...
- Texas Insurance Code Section 802.003 - Filing Date Of Annual Statement Delivered By Postal Service
Except as otherwise specifically provided, for an annual statement that is required to be filed in the offices of the commissioner and that is delivered ...
- Texas Insurance Code Section 802.051 - Applicability Of Subchapter
This subchapter applies to each company regulated by the commissioner, including: (1) a stock life, health, or accident insurance company; (2) a mutual life, health, ...
- Texas Insurance Code Section 802.052 - Concurrent Filing With National Association Of Insurance Commissioners
(a) Each domestic, foreign, or alien insurance company authorized to engage in the business of insurance in this state shall file a copy of the ...
- Texas Insurance Code Section 802.053 - Exemption Authority
The commissioner may exempt any class of insurance companies from the requirements of this subchapter if the commissioner believes the information required under this subchapter ...
- Texas Insurance Code Section 802.054 - Compliance
The commissioner may consider a foreign insurance company to be in compliance with the requirements of Section 802.052 if the company is domiciled in a ...
- Texas Insurance Code Section 802.055 - Costs Paid By Insurance Company
An insurance company shall pay all costs of preparing and furnishing to the National Association of Insurance Commissioners the information required under Section 802.052, including ...
- Texas Insurance Code Section 802.056 - Status Of Reports And Other Information
A report or any other information resulting from the collection, review, analysis, and distribution of information developed from the filing of annual statement convention blanks ...
- Texas Insurance Code Section 803.001 - Definitions
In this chapter: (1) "Domestic company" means any entity licensed, chartered, or organized under this code, including: (A) a county mutual insurance company; (B) a ...
- Texas Insurance Code Section 803.002 - Applicability Of Chapter
This chapter applies only to a domestic company that is: (1) an affiliate of an insurance holding company system and in compliance with Chapter 823; ...
- Texas Insurance Code Section 803.003 - Authority To Locate Out Of State
(a) A domestic company may locate and maintain its principal offices and all or any part of its books, records, and accounts outside this state ...
- Texas Insurance Code Section 803.004 - Location At Branch Or Agency Office
This chapter does not apply to the location and maintenance of the normal books, records, and accounts of a domestic company, including policyholder and claim ...
- Texas Insurance Code Section 803.005 - Control Of Books, Records, Accounts, And Offices
(a) The books, records, accounts, or offices of a domestic company must be under the company's direct supervision, management, and control. (b) The ultimate controlling ...
- Texas Insurance Code Section 803.006 - Agent For Service Of Process
A domestic company that under this chapter has moved its principal offices and any part of its books, records, and accounts outside this state and ...
- Texas Insurance Code Section 803.007 - Examination Expenses
A credit on or an offset against the amount of premium taxes to be paid by a domestic company to the state in a taxable ...
- Texas Insurance Code Section 803.008 - Rules
The commissioner shall adopt rules to authorize a domestic company to maintain its books and records with a nonaffiliated entity other than an agency. Added ...
- Texas Insurance Code Section 803.009 - Conflicting Provisions
This chapter prevails over a conflicting provision of any other law of this state, including Articles 1.16, 4.10, 4.11, and 9.59. Added by Acts 2001, ...
- Texas Insurance Code Section 804.001 - Definition
In this chapter, "process" means legal process, including a demand or notice required or permitted by law. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 804.002 - Rules
The commissioner may adopt rules essential for the effective implementation of this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 804.003 - Fees
A fee collected under this chapter shall be deposited to the credit of the Texas Department of Insurance operating account for use by the department. ...
- Texas Insurance Code Section 804.101 - Domestic Company
(a) In this section: (1) "Domestic company" means a company that is domiciled in and authorized to engage in the business of insurance in this ...
- Texas Insurance Code Section 804.102 - Domestic Company That Maintains Principal Offices Or Books, Records, And Accounts Out Of State
(a) In this section, "domestic company" has the meaning assigned by Section 803.001. (b) As a condition of being authorized to engage in the business ...
- Texas Insurance Code Section 804.103 - Authorized Alien Or Foreign Company
(a) In this section, "company" means: (1) an insurance company, including a: (A) fire, casualty, or fire and casualty insurance company; (B) fraternal benefit society; ...
- Texas Insurance Code Section 804.104 - Risk Retention Group Not Chartered In This State
A risk retention group that is not chartered but that is registered in this state under Section 4(b)(3), Article 21.54, must designate the commissioner as ...
- Texas Insurance Code Section 804.105 - Person In Receivership
(a) Service of process with respect to an individual, insurer, or other entity for which a court has appointed the liquidator as receiver must be ...
- Texas Insurance Code Section 804.106 - Eligible Surplus Lines Insurer; Policy Requirement For Insurer And Agent
(a) Each surplus lines insurer that assumes a surplus lines risk under Chapter 981 is subject to this section. (b) Any act of engaging in ...
- Texas Insurance Code Section 804.107 - Unauthorized Person Or Insurer
(a) In this section, "personal representative" includes an executor or administrator. (b) Any act of engaging in the business of insurance as provided by Subchapter ...
- Texas Insurance Code Section 804.108 - Insurance Holding Company System Law
A person, as that term is defined by Section 823.002, that violates Chapter 823 is considered to have appointed the commissioner as agent for service ...
- Texas Insurance Code Section 804.201 - Procedure For Serving Commissioner
(a) Process served by serving the commissioner under this chapter must be directed to the defendant and include: (1) for an unauthorized person or insurer, ...
- Texas Insurance Code Section 804.202 - Effect Of Service On Commissioner
Service on the commissioner acting as agent for service of process is service on the principal. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 804.203 - Mailing Process; Certificate
(a) The commissioner shall immediately send by registered or certified mail, return receipt requested, one copy of process served on the commissioner under Section 804.201 ...
- Texas Insurance Code Section 804.204 - Record
The commissioner shall keep a record of: (1) each process served on the commissioner under this chapter; and (2) the action taken by the commissioner ...
- Texas Insurance Code Section 804.301 - Procedure For Serving Secretary Of State
Process served by serving the secretary of state under Section 804.107 must be served by leaving two copies of the process at the office of ...
- Texas Insurance Code Section 804.302 - Mailing Process
The secretary of state shall mail one copy of process in the proceeding served on the secretary of state under Section 804.301 to the defendant ...
- Texas Insurance Code Section 804.303 - Record
The secretary of state shall keep a record of each process served on the secretary of state. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 805.001 - Definitions
In this subchapter: (1) "Major shareholder" means an individual, corporation, partnership, association, joint-stock company, business trust, or unincorporated organization that is directly or indirectly the ...
- Texas Insurance Code Section 805.002 - Applicability Of Subchapter
(a) This subchapter applies to any insurer, including a: (1) capital stock company; (2) reciprocal or interinsurance exchange; (3) Lloyd's plan; (4) fraternal benefit society; ...
- Texas Insurance Code Section 805.003 - Prohibited Activities
(a) A director, officer, or major shareholder of an insurer may not: (1) except as provided by this subchapter, directly, indirectly, or through a substantial ...
- Texas Insurance Code Section 805.004 - Activities Not Prohibited
This subchapter does not prohibit: (1) a director, officer, or major shareholder of an insurer from: (A) becoming a policyholder of the insurer and exercising ...
- Texas Insurance Code Section 805.021 - Liability For Fee And Tax Payments
(a) In this section, "fee or tax" includes a license, excise, privilege, premium, or occupation fee or tax. (b) A director, officer, or trustee of ...
- Texas Insurance Code Section 821.001 - Applicability Of Subchapter
(a) This subchapter applies to any insurer that is required by law to hold a certificate of authority issued by the department, including: (1) a ...
- Texas Insurance Code Section 821.002 - Exemptions
This subchapter does not apply to: (1) a fraternal benefit society operating under Chapter 885; (2) a local mutual aid association or local mutual burial ...
- Texas Insurance Code Section 821.003 - Minimum Requirements
An insurer must maintain at all times not less than 100 policyholders or certificate holders nor less than $200,000 of insurance that the insurer has ...
- Texas Insurance Code Section 821.004 - Report To Attorney General; Suit Against Insurer
(a) The department shall report to the attorney general an insurer's failure to comply with this subchapter. (b) On receiving a report under Subsection (a), ...
- Texas Insurance Code Section 821.051 - Payment Of Taxes And Fees; Compliance With Law
(a) Life, health, fire, marine, or inland marine insurance companies that associate to issue or sell insurance policies may not engage in the business of ...
- Texas Insurance Code Section 822.001 - Applicability Of Chapter
Except as otherwise provided by this code, this chapter applies to the formation of each company or organization that proposes to engage in any kind ...
- Texas Insurance Code Section 822.002 - Applicability Of Law Governing Corporations
An insurance company incorporated in this state is subject to the Texas Business Corporation Act, the Texas Miscellaneous Corporation Laws Act (Article 1302-1.01 et seq., ...
- Texas Insurance Code Section 822.003 - Effect On Transactions Between Insurance Companies And Others
The following sections do not restrict or modify any provision of this code relating to a transaction between an insurance company and the insurance company's ...
- Texas Insurance Code Section 822.051 - Formation Of Company
(a) Any number of persons may form a company for the purpose of engaging in the business of insurance. (b) To form a company, each ...
- Texas Insurance Code Section 822.052 - Articles Of Incorporation
Articles of incorporation of a proposed insurance company must state: (1) the name of the company; (2) the location of the company's principal business office; ...
- Texas Insurance Code Section 822.053 - Company's Name
An insurance company's name may not be so similar to the name of another insurance company as to likely mislead the public. Added by Acts ...
- Texas Insurance Code Section 822.054 - Capital Stock And Surplus Requirements
(a) An insurance company must have capital stock in an amount of at least $1 million and surplus in an amount of at least $1 ...
- Texas Insurance Code Section 822.055 - Shares Of Stock With Par Value
(a) An insurance company organized under the laws of this state may authorize the issuance of shares of stock with a par value of not ...
- Texas Insurance Code Section 822.056 - Shares Of Stock Without Par Value
(a) An insurance company organized under the laws of this state, on incorporation or by an amendment to its charter, may authorize the issuance of ...
- Texas Insurance Code Section 822.057 - Application For Charter
(a) To obtain a charter for an insurance company, the incorporators must pay to the department the fees prescribed by law and file with the ...
- Texas Insurance Code Section 822.058 - Action By Commissioner After Filing Of Application For Charter
(a) On receipt of an application for the charter of an insurance company, the commissioner may set the date for a hearing on the application. ...
- Texas Insurance Code Section 822.059 - Action On Application For Charter
(a) The date for a hearing on an application for charter may not be before the 11th or later than the 60th day after the ...
- Texas Insurance Code Section 822.060 - Action On Application
(a) In considering the application, the commissioner, not later than the 30th day after the date on which a hearing under Section 822.057 is completed, ...
- Texas Insurance Code Section 822.061 - Issuance Of Charter
(a) On receipt of a charter fee in the amount determined under Article 4.07, the commissioner shall examine the articles of incorporation filed with the ...
- Texas Insurance Code Section 822.101 - Certificate Of Authority
When the articles of incorporation of an insurance company have been filed with the department under Section 822.060 or the company has been authorized to ...
- Texas Insurance Code Section 822.151 - Conducting Shareholders Meeting
(a) Except as otherwise provided by this code, at a meeting of an insurance company's shareholders to elect the company's board of directors or to ...
- Texas Insurance Code Section 822.152 - Board Of Directors
(a) An insurance company organized under the laws of this state is managed by its board of directors. (b) The board consists of not fewer ...
- Texas Insurance Code Section 822.153 - Election Of Directors
(a) Not later than the 30th day after the date on which the company's subscription books are filed, the shareholders of an insurance company shall ...
- Texas Insurance Code Section 822.154 - Officers
(a) An insurance company's directors shall choose one of the directors to serve as the company's president. (b) Other officers of the insurance company shall ...
- Texas Insurance Code Section 822.155 - Application For Amendment Of Charter
A domestic insurance company may amend its charter by paying to the commissioner a fee in the amount determined under Article 4.07 and by filing ...
- Texas Insurance Code Section 822.156 - Certificate Required For Amendment Of Charter To Authorize Shares Without Par Value
(a) If a proposed amendment to the charter of an insurance company authorizes the issuance of shares of stock without par value, the insurance company ...
- Texas Insurance Code Section 822.157 - Action By Commissioner After Filing Of Application For Charter Amendment
(a) The commissioner may hold a hearing on an application for a charter amendment. If the commissioner determines to hold a hearing on the application, ...
- Texas Insurance Code Section 822.158 - Determination On Application For Charter Amendment
(a) Not later than the 60th day after the date the application under Section 822.155 is filed, the commissioner shall determine whether: (1) the proposed ...
- Texas Insurance Code Section 822.201 - Applicability Of Capital And Surplus Requirements
The capital and surplus requirements of this chapter apply to each insurance company or other entity, other than a farm mutual insurance company, authorized to ...
- Texas Insurance Code Section 822.202 - Full Coverage Automobile Insurance; Determination Of Amounts
Full coverage automobile insurance is one line of casualty insurance for purposes of determining: (1) the amount of capital and surplus of a capital stock ...
- Texas Insurance Code Section 822.203 - Capital Required Generally
To engage in the kinds of insurance business for which an insurance company organized under this chapter holds a certificate of authority, the company must ...
- Texas Insurance Code Section 822.204 - Form Of Capital And Surplus
(a) After incorporation and the issuance of a certificate of authority to an insurance company, the minimum capital stock and surplus of the company may ...
- Texas Insurance Code Section 822.205 - Unencumbered Surplus Or Guaranty Fund Requirements For Certain Insurance Companies
(a) This section applies only to an insurance company that: (1) writes insurance only in this state; and (2) is not required by law to ...
- Texas Insurance Code Section 822.206 - Repurchase Of Capital Stock By Tender Offer Or Private Transaction
(a) An insurance company may, on prior approval of the department, purchase outstanding shares of the company's capital stock in accordance with the Texas Business ...
- Texas Insurance Code Section 822.207 - Repurchase Of Capital Stock On Open Market
(a) On prior approval of the commissioner, an insurance company, the capital stock of which is listed on a national securities exchange, may purchase from ...
- Texas Insurance Code Section 822.208 - Application For Repurchase Of Company's Shares Subject To Other Law
An application filed by an insurance company under Section 822.206 or 822.207 is subject to the substantive requirements for the approval of payment of an ...
- Texas Insurance Code Section 822.209 - Reinvestment Of Capital Stock
An insurance company may, as circumstances require, exchange and reinvest its capital stock in like securities. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 822.210 - Commissioner May Require Larger Capital And Surplus Amounts
(a) The commissioner by rule or guideline may require an insurance company organized under this chapter to maintain capital and surplus in amounts that exceed ...
- Texas Insurance Code Section 822.211 - Action Of Commissioner When Capital Or Surplus Requirements Not Satisfied
If an insurance company does not comply with the capital and surplus requirements of this chapter, the commissioner may enter an order prohibiting the company ...
- Texas Insurance Code Section 822.212 - Increase Of Capital And Surplus
(a) Notwithstanding Section 822.203, to engage in the kinds of insurance business for which an insurance company organized under this chapter holds a certificate of ...
- Texas Insurance Code Section 823.001 - Findings And Purpose
(a) It is consistent with the public interest and the interest of policyholders to permit insurers to: (1) engage in activities that would enable the ...
- Texas Insurance Code Section 823.002 - Definitions
In this chapter: (1) "Acquiring person" means the person who is acquiring control of a domestic insurer or on whose behalf control of a domestic ...
- Texas Insurance Code Section 823.003 - Classification As Affiliate Or Subsidiary
(a) A person is an affiliate of another if the person directly or indirectly through one or more intermediaries controls, is controlled by, or is ...
- Texas Insurance Code Section 823.004 - Classification As Commercially Domiciled Insurer
(a) For purposes of this chapter, a foreign or alien insurer authorized to engage in the business of insurance in this state is a commercially ...
- Texas Insurance Code Section 823.005 - Description Of Control; Determination Of Control
(a) For purposes of this chapter, control is the power to direct, or cause the direction of, the management and policies of a person, other ...
- Texas Insurance Code Section 823.006 - Description Of Insurance Holding Company System
An insurance holding company system consists of two or more affiliates, at least one of which is an insurer. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 823.007 - Description Of Voting Security
For purposes of this chapter, a voting security is a security or an instrument that: (1) has the power at a meeting of shareholders of ...
- Texas Insurance Code Section 823.008 - Standard For Determining Surplus Reasonableness And Adequacy
(a) In determining whether an insurer's policyholders' surplus is reasonable in relation to the insurer's outstanding liabilities and adequate to the insurer's financial needs, the ...
- Texas Insurance Code Section 823.009 - Situs Of Securities Of Domestic Insurer
For purposes of this chapter, the situs of the ownership of securities of a domestic insurer is considered to be in this state. Added by ...
- Texas Insurance Code Section 823.010 - Disclaimer Of Affiliation
(a) A disclaimer of affiliation with an authorized insurer may be filed with the commissioner by any person, including the authorized insurer or a member ...
- Texas Insurance Code Section 823.011 - Confidentiality Of Information
(a) This section applies only to information, including documents and copies of documents, that is: (1) reported under Subchapter B; or (2) obtained by or ...
- Texas Insurance Code Section 823.012 - Rules; Procedures For Considering Certain Distributions
(a) The commissioner may, after notice and opportunity for all interested persons to be heard, adopt rules and issue orders to implement this chapter, including ...
- Texas Insurance Code Section 823.013 - Mandamus
A person aggrieved by the failure of the commissioner to act, including making a determination, as required by this chapter may petition a district court ...
- Texas Insurance Code Section 823.014 - Applicability Of Chapter To Foreign Or Alien Insurer
(a) A foreign insurer that is authorized to engage in the business of insurance in this state and that is domiciled in a jurisdiction that ...
- Texas Insurance Code Section 823.015 - Exemption From Chapter
The commissioner may exempt from the application of this chapter a commercially domiciled insurer that the commissioner determines has assets physically located in this state ...
- Texas Insurance Code Section 823.051 - Registration By Insurer Required
(a) Each insurer authorized to engage in the business of insurance in this state that is a member of an insurance holding company system shall ...
- Texas Insurance Code Section 823.052 - Required Information; Registration Statement
(a) To register as required by Section 823.051, an insurer must file with the department a registration statement and a copy of the charter or ...
- Texas Insurance Code Section 823.053 - Reporting Material Changes
(a) To keep the information required to be disclosed in a registration statement filed under Section 823.052 current, a registered insurer shall report each material ...
- Texas Insurance Code Section 823.054 - Material Information
(a) Information about a transaction is not required to be disclosed on a registration statement filed under Section 823.052 or in a report under Section ...
- Texas Insurance Code Section 823.055 - Amendments; Consolidation Of Amendments
(a) In this section, "ultimate controlling person" means the person in an insurance holding company system who is not controlled by another person. (b) Not ...
- Texas Insurance Code Section 823.056 - Termination Of Registration
The commissioner shall terminate the registration of an insurer that demonstrates that the insurer has ceased to be a member of an insurance holding company ...
- Texas Insurance Code Section 823.057 - Consolidated Filing
The commissioner may require or permit two or more insurers that are affiliates of each other and that are required to register under this chapter ...
- Texas Insurance Code Section 823.058 - Alternative Registration
The commissioner may permit an insurer authorized to engage in the business of insurance in this state that is a part of an insurance holding ...
- Texas Insurance Code Section 823.059 - Exemptions
(a) The registration requirement under Section 823.051 does not apply to a foreign or nondomestic insurer, other than a commercially domiciled insurer, that is subject ...
- Texas Insurance Code Section 823.060 - Violation Of Subchapter
The failure to file a registration statement or an amendment to a registration statement within the time specified for filing the statement or amendment, as ...
- Texas Insurance Code Section 823.101 - Standards For Transaction With Affiliate
(a) This section applies only to a material transaction between a registered insurer and an affiliate of the insurer. (b) The terms of the transaction ...
- Texas Insurance Code Section 823.102 - Notice Of And Commissioner's Decision On Certain Large Transactions
(a) This section applies only to a sale, purchase, exchange, loan or other extension of credit, or investment between a domestic insurer and any person ...
- Texas Insurance Code Section 823.103 - Notice Of And Commissioner's Decision On Specified Transactions
(a) This section applies only to: (1) a sale, purchase, exchange, loan or other extension of credit, or investment between a domestic insurer and any ...
- Texas Insurance Code Section 823.104 - Prohibition Of Action To Avoid Application Of Subchapter
(a) A domestic insurer may not enter into transactions with persons in the insurer's insurance holding company system if: (1) the transactions are part of ...
- Texas Insurance Code Section 823.105 - Type Of Authority Provided
Nothing in Section 823.102, 823.103, or 823.104 authorizes a transaction that would violate law that is applicable to an insurer that is not subject to ...
- Texas Insurance Code Section 823.106 - Standards Of Review; Reasons For Disapproval
(a) In reviewing a transaction under this subchapter, the commissioner shall consider whether the transaction: (1) complies with the standards provided by Section 823.101; and ...
- Texas Insurance Code Section 823.107 - Extraordinary Dividends Or Distributions
(a) Except as provided by Subsection (b), for purposes of this section, an extraordinary dividend or distribution includes the payment of a dividend or distribution ...
- Texas Insurance Code Section 823.151 - Presumption Of Control
(a) Control of an entity is presumed if: (1) a person or a person and members of the person's immediate family, directly or indirectly, own, ...
- Texas Insurance Code Section 823.152 - Employment Of Experts
(a) The commissioner may employ an attorney, actuary, accountant, or other expert who is not a member of the commissioner's staff and who is reasonably ...
- Texas Insurance Code Section 823.153 - Controller Of Domestic Insurer Considered Domestic Insurer
For purposes of this subchapter, any person who controls a domestic insurer is considered to be a domestic insurer unless: (1) the assets of all ...
- Texas Insurance Code Section 823.154 - Requirements For Acquisition Or Exercise Of Control Of Domestic Insurer
(a) Before a person who directly or indirectly controls, or after the acquisition would directly or indirectly control, a domestic insurer may in any manner ...
- Texas Insurance Code Section 823.155 - Amendment Of Statement
If a material change occurs in the facts contained in a statement filed under Section 823.154, the person required to file the statement shall, not ...
- Texas Insurance Code Section 823.156 - Notice Expenses
(a) A person who files a statement under Section 823.154 shall pay the expenses of mailing each related notice required by the commissioner. (b) As ...
- Texas Insurance Code Section 823.157 - Approval Of Acquisition Of Control
(a) The commissioner shall approve or deny an acquisition or change of control for which a statement is filed under Section 823.154 not later than ...
- Texas Insurance Code Section 823.159 - Hearing; Time Of Determination
(a) A hearing under Section 823.152, 823.157, or 823.160 shall be held not later than the 60th day after the date of the denial. (b) ...
- Texas Insurance Code Section 823.160 - Deadline For Completion Of Acquisition
(a) An acquisition of control of a domestic insurer must be completed not later than the 90th day after the date of the commissioner's order ...
- Texas Insurance Code Section 823.161 - Insurer's Duty To Notify
(a) Not later than the 30th day after the date an event requiring notice under this subchapter occurs, an insurer authorized to engage in the ...
- Texas Insurance Code Section 823.162 - Prohibition On Certain Actions Related To Acquisition Of Control Or Merger
A person may not effect or attempt to effect an acquisition of control of or merger with a domestic insurer unless the commissioner has approved ...
- Texas Insurance Code Section 823.163 - Retention Of Control
(a) This section applies only to a domestic insurer that is a controlled insurer, regardless of when that control was acquired. (b) A person violates ...
- Texas Insurance Code Section 823.164 - Exemptions From Subchapter
(a) This subchapter does not apply to a transaction that is subject to: (1) Subchapter K or L , Chapter 882; or (2) Section 887.065 ...
- Texas Insurance Code Section 823.165 - Violation Of Subchapter
The failure to file a statement, amendment, or other material required to be filed under this subchapter is a violation of this subchapter. Added by ...
- Texas Insurance Code Section 823.201 - Acquiring Person
(a) A statement required under Section 823.154 must contain the name and address of the acquiring person. (b) If the acquiring person is an individual, ...
- Texas Insurance Code Section 823.202 - Consideration For Acquisition
(a) A statement required under Section 823.154 must contain: (1) the source, nature, and amount of consideration for the acquisition of control; (2) a description ...
- Texas Insurance Code Section 823.203 - Financial Information About Acquiring Person
(a) A statement required under Section 823.154 must contain: (1) fully audited financial information about the earnings and financial condition of the acquiring person for ...
- Texas Insurance Code Section 823.204 - Plan For Future Of Insurer
A statement required under Section 823.154 must contain: (1) any plan or proposal of the acquiring person to: (A) cause the insurer to pay dividends ...
- Texas Insurance Code Section 823.205 - Voting Securities
(a) In this section, "voting security" means a voting security of a domestic insurer the acquisition of which requires the filing of a statement under ...
- Texas Insurance Code Section 823.206 - Additional Information About Acquiring Organization
(a) If the person required to file the statement under Section 823.154 is a partnership, limited partnership, syndicate, or other group, the commissioner may require ...
- Texas Insurance Code Section 823.207 - Oath Or Affirmation Required
A statement required under Section 823.154 must be made under oath or affirmation. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 823.251 - Definition
In this subchapter, "securities" includes common stock, preferred stock, and debt obligations. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, ...
- Texas Insurance Code Section 823.252 - General Authority Relating To Affiliates
A domestic insurer, by itself or in cooperation with one or more other persons, may organize, acquire, invest in, or make loans to one or ...
- Texas Insurance Code Section 823.253 - General Standard For Investment In Affiliate
(a) A domestic insurer may invest in the securities of one or more of the insurer's affiliates organized for any lawful purpose if: (1) the ...
- Texas Insurance Code Section 823.254 - Standard For Investment In Affiliate By Insurer With Low Total Liabilities
If a domestic insurer's total liabilities, as computed for National Association of Insurance Commissioners annual statement purposes, are less than 10 percent of the insurer's ...
- Texas Insurance Code Section 823.255 - Agreement Of Affiliate To Limit Certain Investments
(a) A domestic insurer may invest any amount in the securities of one or more affiliates organized for any lawful purpose if each affiliate agrees ...
- Texas Insurance Code Section 823.256 - Commissioner's Approval Of Investment
With the prior approval of the commissioner, a domestic insurer may invest any amount in the securities of one or more affiliates if after the ...
- Texas Insurance Code Section 823.257 - Determination Required Before Investment
(a) Whether an investment meets an applicable requirement of this subchapter shall be determined before the investment is made by applying that requirement as if ...
- Texas Insurance Code Section 823.258 - Disposition Of Investment In Subsidiary After Cessation Of Control
(a) An insurer that ceases to control a subsidiary shall dispose of any investment in the subsidiary made under this subchapter before the third anniversary ...
- Texas Insurance Code Section 823.259 - Exemption From Certain Limitations; Investment Authority Cumulative Of Other Law
(a) An investment made under this subchapter is not subject to the restrictions and prohibitions relating to investments contained in this code other than those ...
- Texas Insurance Code Section 823.301 - Scope Of Subchapter
(a) This subchapter applies only to the determination of the valuation for a financial statement of an investment by an insurer in an affiliate that ...
- Texas Insurance Code Section 823.302 - Bases For Determining Valuation
Subject to this subchapter, the valuation of an investment to which this subchapter applies is the greater of: (1) the net shareholder equity value that ...
- Texas Insurance Code Section 823.303 - Adjustment To Determination
If an affiliate is valued using a method other than the method provided by Section 823.302(2)(C), the valuation of the investment is computed by subtracting ...
- Texas Insurance Code Section 823.304 - Use Of Different Bases
An insurer is not required to value the stock of all of its affiliates on the same basis. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 823.305 - Valuating Acquired Affiliate
(a) Not later than the 30th day after the date an insurer acquires an affiliate that is not an insurer, the insurer shall file with ...
- Texas Insurance Code Section 823.306 - Use Of Unaudited Information
If an affiliate is valued using the basis provided by Section 823.302(2)(A) and the books of the affiliate are not audited at the time the ...
- Texas Insurance Code Section 823.307 - Modification By Commissioner
After notice and opportunity for a hearing, the commissioner may: (1) determine that the basis used for valuation of the stock of an affiliate does ...
- Texas Insurance Code Section 823.351 - Examination Of Insurer
(a) Subject to Section 823.352, the commissioner may order an insurer registered under Subchapter B to produce records, books, or other information papers in the ...
- Texas Insurance Code Section 823.352 - Limitation On Power
The commissioner may exercise power under Section 823.351 only if: (1) examination of the insurer under another provision of this code is inadequate; or (2) ...
- Texas Insurance Code Section 823.353 - Payment Of Examination Costs
(a) Each registered insurer that complies with an order under Section 823.351(a) shall pay the expense of the examination in accordance with Article 1.16. (b) ...
- Texas Insurance Code Section 823.354 - Use Of Advisors
(a) The commissioner may employ at the registered insurer's expense attorneys, actuaries, accountants, and other experts that are not a part of the commissioner's staff ...
- Texas Insurance Code Section 823.355 - Cumulative Authority
The authority provided by this subchapter is in addition to other powers relating to the examination of insurers given to the commissioner under this code. ...
- Texas Insurance Code Section 823.401 - Prohibition Of Indirect Action For Controlled Insurer
(a) A holding company or controlled person may not directly or indirectly do or cause to be done for or on behalf of a controlled ...
- Texas Insurance Code Section 823.402 - Prohibition On Voting Certain Securities
(a) A security that is the subject of an agreement or arrangement regarding an acquisition or that is acquired or to be acquired in violation ...
- Texas Insurance Code Section 823.403 - Management Of Controlled Insurer
(a) The control of an authorized insurer by another person does not relieve an officer or director of the insurer of any obligation or liability ...
- Texas Insurance Code Section 823.451 - Receivership
If it appears to the commissioner that a person's violation of this chapter so impairs the financial condition of a domestic insurer as to threaten ...
- Texas Insurance Code Section 823.452 - Revocation, Suspension, Or Nonrenewal Of Insurer's Authority
(a) If it appears to the commissioner that a person's violation of this chapter makes the continued operation of an insurer contrary to the interest ...
- Texas Insurance Code Section 823.453 - Voiding Unauthorized Action
If it appears to the commissioner that a person has entered into a transaction or performed an act before complying with the applicable provisions of ...
- Texas Insurance Code Section 823.454 - Administrative Penalty
(a) A director or officer of an insurer or insurance holding company system that is subject to this chapter is subject to an administrative penalty ...
- Texas Insurance Code Section 823.455 - Equitable Relief
(a) If it appears to the commissioner that an insurer or a director, officer, employee, or agent of an insurer has committed or is about ...
- Texas Insurance Code Section 823.456 - Seizure Or Sequestration Of Voting Securities
If a person acquires or is proposing to acquire a voting security in violation of this chapter or a rule or order under this chapter, ...
- Texas Insurance Code Section 823.457 - Long Arm Jurisdiction; Service Of Process
(a) The courts of this state have jurisdiction over a person who is not a resident of, domiciled in, or authorized to engage in business ...
- Texas Insurance Code Section 823.458 - Sanctions
An entity that holds a certificate of authority issued by the department and that violates this code is subject to sanctions under Chapter 82. Added ...
- Texas Insurance Code Section 823.501 - Offense Of Violating Chapter
(a) A person commits an offense if the person is an insurer or individual and wilfully violates this chapter. (b) If the person is an ...
- Texas Insurance Code Section 823.502 - Offense Of Subscribing To Or Making False Statement
(a) A person commits an offense if the person is an officer, director, or employee of a domestic insurer or the insurer's insurance holding company ...
- Texas Insurance Code Section 823.503 - Beginning Criminal Proceedings
If it appears to the commissioner that an insurer or a director, officer, employee, or agent of an insurer has wilfully violated this chapter, the ...
- Texas Insurance Code Section 824.001 - Authority To Merge Or Consolidate
Two or more insurance corporations that engage in a similar line of the business of insurance may merge or consolidate under this chapter. Added by ...
- Texas Insurance Code Section 824.002 - Procedures; Applicability Of Texas Business Corporation Act
(a) To the extent that the provisions of the Texas Business Corporation Act are not inconsistent with the provisions of this code, the Texas Business ...
- Texas Insurance Code Section 824.003 - Proposed Plan Of Merger Or Consolidation; Approval Of Directors And Shareholders
(a) A proposed plan of merger or consolidation must be approved by the boards of directors of the corporations that are parties to the merger ...
- Texas Insurance Code Section 824.004 - Filing Of Proposed Plan With Commissioner
After a proposed plan of merger or consolidation has been approved as provided by Section 824.003, the plan shall be filed with the commissioner. Added ...
- Texas Insurance Code Section 824.005 - Commissioner Action On Plan
(a) The commissioner shall hold a hearing on a proposed plan of merger or consolidation not later than the 15th day after the date on ...
- Texas Insurance Code Section 824.051 - Effective Date Of Merger
A merger takes effect on the date specified in the proposed plan of merger. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. ...
- Texas Insurance Code Section 824.052 - Effective Date Of Consolidation
(a) A new insurance corporation resulting from a plan of consolidation shall be issued a charter and a certificate of authority on: (1) submission of ...
- Texas Insurance Code Section 824.053 - Approval Of Merger Or Consolidation Affecting Foreign Corporation; Effective Date
Notwithstanding Section 824.051 or 824.052, a merger or consolidation involving a corporation organized under the laws of another state does not take effect until the ...
- Texas Insurance Code Section 824.101 - Effect Of Merger Or Consolidation On Outstanding Insurance Policies
(a) A new or surviving corporation resulting from a merger or consolidation shall assume each insurance policy outstanding against each insurance corporation that merges or ...
- Texas Insurance Code Section 824.102 - Effect Of Merger Or Consolidation On Certain Investments
(a) This section applies to each investment of an affected corporation, including an investment in real property, that: (1) was authorized as a proper asset, ...
- Texas Insurance Code Section 824.103 - Retirement And Cancellation Of Treasury Shares
(a) After a merger or consolidation is completed, any shares of the new or surviving corporation acquired by that corporation as a result of distribution ...
- Texas Insurance Code Section 824.104 - Effect On Antitrust Laws
This chapter does not affect in any manner the antitrust laws of this state. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. ...
- Texas Insurance Code Section 824.151 - Purchase Of Outstanding Shares By Life Insurance Corporation
(a) A life insurance corporation may purchase or contract to purchase all or part of the outstanding shares of another life insurance corporation for purposes ...
- Texas Insurance Code Section 824.152 - Limitations On Purchase Of Outstanding Shares By Life Insurance Corporation
(a) A purchase or contract to purchase under Section 824.151 is subject to this section. (b) The intention to merge or consolidate must be evidenced ...
- Texas Insurance Code Section 825.001 - Definitions
In this chapter: (1) "Converting company" means a stock insurance company that converts to a mutual insurance company under this chapter. (2) "Resulting company" means ...
- Texas Insurance Code Section 825.002 - Authority To Convert To Mutual Insurance Company
(a) A domestic stock insurance company, as defined by law, may convert to a mutual insurance company. (b) To convert to a mutual insurance company, ...
- Texas Insurance Code Section 825.051 - Contents Of Stock Acquisition Plan
(a) A stock acquisition plan must: (1) be adopted by a vote of a majority of the directors of the corporation at a directors' meeting ...
- Texas Insurance Code Section 825.052 - Sufficient Assets Required
The commissioner may not approve a stock acquisition plan or a payment for stock under Section 825.051(b) unless, at the time of the approval, the ...
- Texas Insurance Code Section 825.053 - Stock Acquisition Plan Approval
A policyholders' meeting for approval of a stock acquisition plan may not be called until Sections 825.051(a)(1) and (2) are satisfied. Added by Acts 2001, ...
- Texas Insurance Code Section 825.054 - Policyholder Eligibility
To be eligible to participate in a policyholders' meeting held to approve a stock acquisition plan, a policyholder must have insurance coverage issued by the ...
- Texas Insurance Code Section 825.055 - Policyholders' Meeting
(a) A converting company shall give notice of the policyholders' meeting to each eligible policyholder. (b) The notice must be mailed from the home office ...
- Texas Insurance Code Section 825.056 - Policyholder Voting
(a) A policyholder may vote in person, by proxy, or by mail. All votes must be cast by ballot. (b) The commissioner shall appoint an ...
- Texas Insurance Code Section 825.101 - Issuance Of Annuity Bonds In Payment Of Stock
(a) A stock acquisition plan may provide that all or part of the purchase price of any part or all of the shares of stock ...
- Texas Insurance Code Section 825.102 - Acquisition In Trust
(a) Until all of the shares of a converting company are acquired, any shares acquired under the stock acquisition plan shall be held in trust ...
- Texas Insurance Code Section 825.103 - Distribution Of Dividends
After conversion, the converting company shall annually distribute among its policyholders, under terms approved by the commissioner, dividends or earnings accruing to the converting company ...
- Texas Insurance Code Section 825.104 - Conversion Complete On Cancellation Of Stock; Application Of Certain Laws
(a) When the converting company acquires all of its capital stock and the purchase price for that stock, including any annuity bond issued for the ...
- Texas Insurance Code Section 826.001 - Definitions
In this chapter: (1) "Conversion plan" means a plan adopted under this chapter to convert a mutual insurance company into a stock insurance company. (2) ...
- Texas Insurance Code Section 826.002 - Authority To Convert To Stock Insurance Company
(a) A mutual insurance company may convert to a stock insurance company. (b) A converting company may not engage in the business of insurance as ...
- Texas Insurance Code Section 826.003 - Rights And Privileges Of Resulting Company; Laws Applicable
Except as provided by this chapter, a resulting company: (1) may exercise only the rights and privileges of a stock insurance company; and (2) is ...
- Texas Insurance Code Section 826.004 - Certain Conversions Prohibited
A mutual insurance company may not convert to a stock insurance company under this chapter if, as a direct result of the conversion, any affiliate ...
- Texas Insurance Code Section 826.005 - Corporate Existence
(a) On the effective date of a conversion under this chapter: (1) the corporate existence of the converting company continues in the resulting company; (2) ...
- Texas Insurance Code Section 826.051 - Plan Adoption
(a) To convert to a stock insurance company a mutual insurance company must adopt, by the affirmative vote of at least two-thirds of the members ...
- Texas Insurance Code Section 826.052 - General Requirements; Effect Of Conversion On Policies
(a) Each conversion plan must include the provisions required by this chapter. (b) Each policy in effect on the effective date of the conversion remains ...
- Texas Insurance Code Section 826.053 - Sale Of Capital Stock
A conversion plan must provide that shares of capital stock of the resulting company shall be sold in a private placement, public offering, or an ...
- Texas Insurance Code Section 826.054 - Purchase Price Of Capital Stock
(a) A conversion plan must set the total price of the capital stock in an amount equal to the estimated pro forma market value of ...
- Texas Insurance Code Section 826.055 - Limitation On Acquisition Of Capital Stock
(a) The conversion plan must provide that a person or group of persons acting in concert may not acquire, in the public or private offering ...
- Texas Insurance Code Section 826.056 - Directors And Officers
(a) Except as otherwise provided by this section, the conversion plan must provide that a director or officer of the converting company, or a person ...
- Texas Insurance Code Section 826.057 - Rights Of Holder Of Surplus Notes
A conversion plan must provide that any rights of a holder of a surplus note to participate in the conversion are governed by the terms ...
- Texas Insurance Code Section 826.058 - Subscription Rights; General Provisions
(a) Except for an alternate conversion plan adopted under Section 826.061, each conversion plan must specify the subscription rights of eligible members. (b) The conversion ...
- Texas Insurance Code Section 826.059 - Subscription Rights; Tax-Qualified Employee Benefit Plan
The conversion plan may allocate to a tax-qualified employee benefit plan nontransferable subscription rights to purchase not more than 10 percent of the capital stock ...
- Texas Insurance Code Section 826.060 - Liquidation Account
(a) The conversion plan may provide for the creation of a liquidation account for the benefit of members in the event of a voluntary liquidation ...
- Texas Insurance Code Section 826.061 - Alternate Conversion Plan
(a) The board of directors may adopt a conversion plan that does not rely in whole or in part on the issuance of nontransferable subscription ...
- Texas Insurance Code Section 826.101 - Plan Information Filed With Commissioner; Commissioner Powers And Duties
Not later than the 90th day after the date on which a converting company's board of directors adopts a conversion plan, the company shall file ...
- Texas Insurance Code Section 826.102 - Approval Of Plan By Commissioner
(a) The commissioner shall approve a conversion plan if the commissioner determines that: (1) the plan complies with this chapter; (2) the plan's method of ...
- Texas Insurance Code Section 826.103 - Amendments; Withdrawal Of Plan
Before a conversion plan takes effect, a converting company may amend or withdraw the plan by the affirmative vote of at least two-thirds of the ...
- Texas Insurance Code Section 826.104 - Notice To Eligible Members; Comments
(a) Not later than the 10th business day after the date of filing with the commissioner the documents required under Section 826.101, the converting company ...
- Texas Insurance Code Section 826.105 - Substantial Compliance With Notice Requirements
If the converting company in good faith substantially complies with the notice requirements of this chapter, the company's failure to send a member the required ...
- Texas Insurance Code Section 826.106 - Insolvent Converting Company; Notice Requirements
If a converting company is insolvent or, in the judgment of the commissioner, is in hazardous financial condition, its board of directors, by a majority ...
- Texas Insurance Code Section 826.107 - Election; Approval Of Plan; Adoption Of Amended Or Restated Articles Of Incorporation
(a) At a meeting convened to consider the conversion plan, an eligible member entitled to vote on the proposed conversion plan may vote in person ...
- Texas Insurance Code Section 826.108 - Filing Of Minutes, Articles Of Incorporation, And Bylaws; Effective Date Of Conversion
(a) Not later than the 30th day after the date on which the eligible members approve the conversion plan, the converting company shall file with ...
- Texas Insurance Code Section 826.109 - Conflict Of Interest
(a) Except as provided by a conversion plan approved by the commissioner or this section, a director, officer, agent, or employee of a converting company ...
- Texas Insurance Code Section 826.110 - Limitation On Actions
An action challenging the validity of or arising out of acts taken or proposed to be taken regarding a conversion plan under this chapter must ...
- Texas Insurance Code Section 826.151 - Rights Of Members Whose Policies Are Issued After Adoption Of Conversion Plan But Before Effective Date
(a) On issuance of a policy after a conversion plan has been adopted by the board of directors but before the effective date of the ...
- Texas Insurance Code Section 826.152 - Amendment Of Policies
A converting company, by endorsement or rider approved by the commissioner and sent to the policyholder, may simultaneously with or at any time after the ...
- Texas Insurance Code Section 826.201 - Conversion Through Creation Of Holding Company
(a) A converting company, on approval by the commissioner, may reorganize by forming a holding company based on a mutual plan and continuing the corporate ...
- Texas Insurance Code Section 826.202 - Commissioner Powers And Duties; Approval
(a) The commissioner shall review the proposed plan of reorganization as an alternate conversion plan under Section 826.061. The commissioner may require as a condition ...
- Texas Insurance Code Section 826.203 - Applicability Of Certain Laws; Incorporation
A mutual holding company that results from the reorganization of a domestic mutual insurance company organized under Chapter 883 must be organized under Sections 883.051, ...
- Texas Insurance Code Section 826.204 - Membership Interests
(a) The membership interests of the policyholders of the resulting company become membership interests in the mutual holding company. Eligible members of the converting company ...
- Texas Insurance Code Section 826.205 - Capital Stock Held By Mutual Holding Company
(a) In this section: (1) "Intermediate holding company" means a holding company that: (A) is a subsidiary of a mutual holding company formed to reorganize ...
- Texas Insurance Code Section 826.206 - Conversion Of Foreign Mutual Insurance Company
(a) On the approval of the commissioner, a foreign mutual insurance company may reorganize in compliance with the requirements of any law or regulation applicable ...
- Texas Insurance Code Section 827.001 - Definitions
In this chapter: (1) "Insurer" means an insurance company or other legal entity authorized to engage in the business of insurance in this state, including ...
- Texas Insurance Code Section 827.002 - Exemption
This chapter does not apply to a transfer of business from an insurer to a company that: (1) is within the same insurance group as ...
- Texas Insurance Code Section 827.003 - Withdrawal Plan Required
An insurer shall file with the commissioner a plan for orderly withdrawal if the insurer proposes to: (1) reduce the insurer's total annual premium volume ...
- Texas Insurance Code Section 827.004 - Provisions Of Withdrawal Plan
A withdrawal plan filed under Section 827.003 must: (1) be constructed to protect the interests of the people of this state; (2) indicate the dates ...
- Texas Insurance Code Section 827.005 - Approval Of Withdrawal Plan
(a) Except as provided by Subsection (b), the commissioner shall approve a withdrawal plan that adequately provides for meeting the requirements prescribed by Section 827.004(3). ...
- Texas Insurance Code Section 827.006 - Resumption Of Writing Insurance After Complete Withdrawal
An insurer that withdraws from writing all lines of insurance in this state may not, without the approval of the commissioner, resume writing insurance in ...
- Texas Insurance Code Section 827.007 - Penalties
The commissioner may impose the civil penalties under Chapter 82 on an insurer that fails to obtain the commissioner's approval before the insurer: (1) withdraws ...
- Texas Insurance Code Section 827.008 - Restriction Plan
(a) Before an insurer, in response to a catastrophic natural event that occurred during the preceding six months, may restrict writing new business in a ...
- Texas Insurance Code Section 827.009 - Deposit Of Securities
Under this chapter, the commissioner may require the deposit of securities in this state in trust in the name of the commissioner if the commissioner ...
- Texas Insurance Code Section 827.010 - Moratorium
(a) The commissioner may impose a moratorium of not longer than two years on: (1) the approval of withdrawal plans; or (2) the implementation of ...
- Texas Insurance Code Section 827.011 - Rules
The commissioner shall adopt rules as necessary to enforce this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 828.001 - Authority To Purchase Stock For Total Assumption Reinsurance
This code does not affect the right of a life insurance company organized or operating under Chapter 841, 882, or 982 to purchase or contract ...
- Texas Insurance Code Section 828.002 - Effect On Antitrust Laws
This chapter does not affect in any manner the antitrust laws of this state. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. ...
- Texas Insurance Code Section 828.003 - Investments Of Reinsured Company
The investments of a company reinsured under this chapter are subject to Section 824.102 as if the company had been merged or consolidated. Added by ...
- Texas Insurance Code Section 828.051 - Exception To Limitation On Purchasing Shares Of Other Company
Articles 3.33 and 3.39 do not apply to a purchase or contract described by Section 828.001 if all requirements of this subchapter are met. Added ...
- Texas Insurance Code Section 828.052 - Resolution Of Intention To Reinsure
The intention to reinsure must be evidenced by a resolution adopted by the board of directors of the purchasing company on or before the purchase ...
- Texas Insurance Code Section 828.053 - Minimum Stock Acquisition
The purchasing company shall obtain or seek to obtain at least the number of shares of the other insurance company necessary to vote an approval ...
- Texas Insurance Code Section 828.054 - Approval Required
A purchase, offer to purchase, tender offer, request to purchase, or invitation to purchase shares in excess of the limits imposed under Article 3.33 or ...
- Texas Insurance Code Section 828.055 - Restrictions On Reinsured Company
Following the earlier of the date of the contract to purchase the shares or the date of the commissioner's approval of the purchase, offer to ...
- Texas Insurance Code Section 828.056 - Required Effective Date Of Reinsurance Agreement; Effect Of Failure To Meet Required Effective Date
(a) The reinsurance agreement must take effect on or before December 31 of the second year after the earlier of the year in which the ...
- Texas Insurance Code Section 828.057 - Prohibition On Use Of Purchasing Company's Capital, Surplus, Or Reserves
Amounts actually paid by the purchasing company for the purchase of shares acquired or obtained under this subchapter may not include the minimum capital, minimum ...
- Texas Insurance Code Section 841.001 - Definitions
(1) "Accident insurance company" means a corporation authorized under a charter to engage in business involving the payment of money or another thing of value ...
- Texas Insurance Code Section 841.002 - Applicability Of Chapter And Other Law
Except as otherwise expressly provided by this code, each insurance company incorporated or engaging in business in this state as a life insurance company, an ...
- Texas Insurance Code Section 841.003 - Applicability Of Law Governing Corporations
An insurance company operating under this chapter is subject to the Texas Business Corporation Act, the Texas Miscellaneous Corporation Laws Act (Article 1302-1.01 et seq., ...
- Texas Insurance Code Section 841.004 - Net Assets Defined; Rules
(a) A company's "net assets" consist of the company's funds that are available for the payment of a company's obligations in this state, including: (1) ...
- Texas Insurance Code Section 841.051 - Formation Of Company
(a) Three or more residents of this state may form: (1) a life insurance company; (2) an accident insurance company; (3) a life and accident ...
- Texas Insurance Code Section 841.052 - Articles Of Incorporation
(a) Articles of incorporation of a proposed domestic insurance company must state: (1) the name of the company; (2) the location of the company's home ...
- Texas Insurance Code Section 841.053 - Company Name
(a) The name of a domestic insurance company must contain the words "Insurance Company." (b) A domestic insurance company's name may not be so similar ...
- Texas Insurance Code Section 841.054 - Capital Stock And Surplus Requirements
(a) A domestic insurance company must have capital stock in an amount of at least $700,000 and surplus in an amount of at least $700,000. ...
- Texas Insurance Code Section 841.055 - Shares Of Stock
(a) The shares of stock of an insurance company operating under this chapter may be divided or converted into shares of stock with a par ...
- Texas Insurance Code Section 841.056 - Requirements For Shares Of Stock With Par Value
(a) The shares of stock of an insurance company operating under this chapter that are divided or converted into par value shares, if any, must ...
- Texas Insurance Code Section 841.057 - Requirements For Shares Of Stock Without Par Value
(a) The shares of stock of an insurance company operating under this chapter that are divided or converted into shares without par value, if any, ...
- Texas Insurance Code Section 841.058 - Application For Charter
(a) To obtain a charter for a domestic insurance company, the incorporators must pay to the department the charter fee in an amount determined under ...
- Texas Insurance Code Section 841.059 - Action By Commissioner And Department After Filing
(a) After the charter fee is paid and all items required for a charter under Section 841.058 are filed with the department: (1) the commissioner ...
- Texas Insurance Code Section 841.060 - Application Process
(a) The date for a hearing on an application for charter may not be before the 11th day or later than the 30th day after ...
- Texas Insurance Code Section 841.061 - Action On Application
(a) In considering the application, the commissioner, not later than the 30th day after the date a hearing under Section 841.060 is completed, shall determine ...
- Texas Insurance Code Section 841.062 - Beginning Of Corporate Existence
On receipt of the certified copy of documents under Section 841.061(c), the domestic insurance company becomes a body politic and corporate, and the incorporators may ...
- Texas Insurance Code Section 841.063 - Organization Meeting
(a) After receipt of the certified copy of documents under Section 841.061(c), the incorporators shall promptly call a meeting of the domestic insurance company's shareholders. ...
- Texas Insurance Code Section 841.101 - Certificate Of Authority Required
A domestic insurance company may not engage in the business of insurance in this state, except for the lending of money, without first obtaining from ...
- Texas Insurance Code Section 841.102 - Schedule Of Assets
Two or more officers of the domestic insurance company shall execute and file with the department: (1) a sworn schedule of each of the assets ...
- Texas Insurance Code Section 841.103 - Issuance Of Certificate Of Authority
(a) If the commissioner makes a determination favorable to the applicants on all issues under Section 841.061(a), the commissioner, on compliance with the requirements of ...
- Texas Insurance Code Section 841.104 - Tax Payment Required For Issuance Of Certain Certificates Of Authority
(a) This section applies to a life insurance company that: (1) has previously held a certificate of authority to engage in the business of life ...
- Texas Insurance Code Section 841.151 - Conducting Shareholders' Meeting
(a) At a meeting of a domestic insurance company's shareholders, each shareholder is entitled to one vote for each fully paid up share of stock ...
- Texas Insurance Code Section 841.152 - Board Of Directors
(a) Subject to the bylaws of the domestic insurance company, as adopted or amended by the shareholders or directors, the board of directors has full ...
- Texas Insurance Code Section 841.153 - Election Of Directors
(a) After a domestic insurance company completes the organization of the company under Section 841.063, the company shall hold an annual meeting of the company's ...
- Texas Insurance Code Section 841.154 - Staggered Terms For Large Board Of Directors
(a) This section applies only to a domestic insurance company whose board of directors consists of at least nine members. (b) The bylaws of a ...
- Texas Insurance Code Section 841.155 - Officers
(a) A domestic insurance company's directors shall choose one of the directors to serve as the company's president. (b) Other officers of the domestic insurance ...
- Texas Insurance Code Section 841.156 - Amendment Of Charter Or Articles
(a) The shareholders of a domestic insurance company by resolution may amend the company's charter or articles of incorporation at any shareholders' meeting. (b) The ...
- Texas Insurance Code Section 841.201 - Form Of Required Capital And Surplus
Notwithstanding any other provision of this code, after a charter is granted under this chapter, the domestic insurance company: (1) shall maintain the company's minimum ...
- Texas Insurance Code Section 841.202 - Authorized Shares
(a) At any shareholders' meeting, shareholders of a domestic insurance company whose cumulative stock ownership represents a majority of the capital stock of the company ...
- Texas Insurance Code Section 841.203 - Company's Repurchase Of Stock
(a) A legal reserve life insurance company may purchase in the name of the company outstanding shares of the company's capital stock as provided by ...
- Texas Insurance Code Section 841.204 - Exemption From Required Increase Of Capital And Surplus
(a) Except as otherwise provided by this chapter, a domestic insurance company that after September 1, 1991, had less than the minimum amount of capital ...
- Texas Insurance Code Section 841.205 - Commissioner May Require Larger Capital And Surplus Amounts
(a) The commissioner by rule or guideline may require a domestic insurance company that writes or assumes a life insurance or annuity contract or assumes ...
- Texas Insurance Code Section 841.206 - Impairment Of Capital And Surplus
(a) An insurance company incorporated or authorized to do the lines of business authorized in this chapter may not have: (1) the company's required capital ...
- Texas Insurance Code Section 841.207 - Actions Of Commissioner When Capital And Surplus Requirements Not Satisfied
If an insurance company does not comply with the capital and surplus requirements of this chapter, the commissioner may order the insurance company to cease ...
- Texas Insurance Code Section 841.251 - Evidence Of Expenditures
(a) A domestic insurance company may not make an expenditure of $100 or more unless the expenditure is evidenced by a voucher that: (1) is ...
- Texas Insurance Code Section 841.252 - Payments To Officers, Directors, And Employees
(a) Unless first authorized by a vote of a domestic insurance company's board of directors or a committee of the board that has the duty ...
- Texas Insurance Code Section 841.253 - Life Insurance Company's Payment Of Dividends
(a) A life insurance company may declare or pay a dividend to its: (1) policyholders only from the expense loading and profits made by the ...
- Texas Insurance Code Section 841.254 - Transfer Of Stock
(a) A domestic insurance company's shares of stock are transferrable on the company's books, in accordance with law and the bylaws of the company, by ...
- Texas Insurance Code Section 841.255 - Annual Statement; Filing Fee
(a) Not later than March 1 of each year, a domestic insurance company shall: (1) prepare a statement showing the condition of the company on ...
- Texas Insurance Code Section 841.256 - Business In Separate Departments Of Domestic Insurance Company
A domestic insurance company may not transact more than one of the kinds of insurance business described by Section 841.051(a) unless the company establishes separate ...
- Texas Insurance Code Section 841.257 - Kinds Of Business Limited
An insurance company authorized to engage in the business of insurance under this chapter or in accordance with Section 982.051 may not accept a risk ...
- Texas Insurance Code Section 841.258 - Agents For Company That Ceases Writing New Business
An insurance company that ceases to write new business in this state may maintain in this state agents to collect renewal premiums on outstanding policies ...
- Texas Insurance Code Section 841.259 - Activities Of Directors And Officers
(a) A director or officer of an insurance company may not: (1) receive money or another valuable thing for negotiating, procuring, recommending, or aiding in ...
- Texas Insurance Code Section 841.260 - Prohibited Commissions
(a) In this section, "contingent compensation" means a commission or other compensation an insurance company pays to a person that is contingent on: (1) the ...
- Texas Insurance Code Section 841.261 - Causes Of Action
(a) A domestic insurance company may bring an action against any person, including a policyholder or shareholder of the company, for any cause related to ...
- Texas Insurance Code Section 841.301 - Limits On Amount Of Accident And Health Insurance Policies
(a) A domestic insurance company may not assume liability on or indemnify one person for any risk under one or more accident, health, or hospitalization ...
- Texas Insurance Code Section 841.302 - Limits On Life Or Accidental Death Insurance
(a) Until the amount of the capital and surplus of a domestic insurance company is at least $100,000, the company may not insure any one ...
- Texas Insurance Code Section 841.303 - Entire Contract
Each policy of insurance issued or delivered in this state by any life insurance company engaged in business in this state constitutes the entire contract ...
- Texas Insurance Code Section 841.351 - Deposit With Comptroller
(a) A domestic insurance company may, at its option, deposit with the comptroller either: (1) securities in which the company's capital stock is invested; or ...
- Texas Insurance Code Section 841.352 - Issuance Of Receipt For Deposit
When a domestic insurance company deposits securities under this subchapter, the comptroller shall issue to the company a receipt that: (1) describes the deposit in ...
- Texas Insurance Code Section 841.353 - Advertisement Of Deposit
A domestic insurance company that makes a deposit under this subchapter may: (1) advertise the fact that a deposit has been made; or (2) print ...
- Texas Insurance Code Section 841.354 - Access To Deposit
In accordance with reasonable rules adopted by the comptroller and the commissioner, the proper officer or agent of a domestic insurance company making a deposit ...
- Texas Insurance Code Section 841.355 - Withdrawal Of Deposit After Merger, Consolidation, Or Total Reinsurance
(a) When two or more domestic insurance companies that have two or more deposits of securities under this subchapter merge, consolidate, or enter into a ...
- Texas Insurance Code Section 841.356 - Situs Of Deposit For Tax Purposes
For purposes of state, county, or municipal taxation, the situs of deposited securities is the municipality and county in which the depositing company's home office ...
- Texas Insurance Code Section 841.357 - Maintenance Of Deposit
A domestic insurance company must maintain a deposit of securities under this subchapter as long as the company has outstanding any liability to a policyholder ...
- Texas Insurance Code Section 841.701 - Revocation Of Certificate Of Authority
(a) If the commissioner determines that an insurance company that holds a certificate of authority does not comply with this chapter or another law described ...
- Texas Insurance Code Section 841.702 - Appeal Of Determination To Revoke Certificate
An insurance company aggrieved by an order of the commissioner to revoke the company's certificate of authority under Section 841.701 may file suit in a ...
- Texas Insurance Code Section 841.703 - Certificate Of Authority Void On Failure To Satisfy Judgment
(a) If an officer holding an execution issued on a final judgment rendered against an insurance company demands payment of the judgment from an officer ...
- Texas Insurance Code Section 841.704 - False Statement, Report, Or Other Document; Criminal Penalty
(a) A person commits an offense if the person executes or causes to be executed a statement, report, or other document required by law to ...
- Texas Insurance Code Section 841.705 - Penalty For Failure To Invest Or Report
Text of section effective April 1, 2007 (a) In addition to the penalty provided by this subchapter, an insurance company is subject to a ...
- Texas Insurance Code Section 842.001 - Definitions
In this chapter: (1) "Group hospital service corporation" means a corporation organized under this chapter to establish and operate a nonprofit hospital service plan, under ...
- Texas Insurance Code Section 842.002 - Applicability Of Other Laws
(a) Except as otherwise required by this chapter, a state agency may not require a group hospital service corporation to post a bond or place ...
- Texas Insurance Code Section 842.003 - Corporation Subject To Regulation By Commissioner And Department
Each group hospital service corporation is subject to regulation by the department and the commissioner. Added by Acts 2001, 77th Leg., ch. 1419, § 1, ...
- Texas Insurance Code Section 842.051 - Application For Corporate Charter; Nonprofit Status Required
(a) Seven or more persons, a majority of whom are superintendents of hospitals or physicians licensed by the Texas State Board of Medical Examiners, may ...
- Texas Insurance Code Section 842.052 - Minimum Membership Requirements
(a) Before a group hospital service corporation may be incorporated, the corporation must have collected in advance from at least 500 applicants for membership: (1) ...
- Texas Insurance Code Section 842.101 - Issuance Of Certificate Of Authority
(a) The department shall issue to a group hospital service corporation a certificate of authority that authorizes the corporation to engage in the business of ...
- Texas Insurance Code Section 842.151 - Board Of Directors
(a) Each group hospital service corporation is governed by a board of directors that has full control over its management affairs. (b) A board of ...
- Texas Insurance Code Section 842.152 - Compensation Of Directors
A director of a group hospital service corporation may not receive compensation for the director's services but is entitled to receive reimbursement for reasonable and ...
- Texas Insurance Code Section 842.153 - Board Meetings
The board of directors of a group hospital service corporation may not meet more frequently than once a month. A meeting may not last more ...
- Texas Insurance Code Section 842.154 - Bond Requirements For Certain Officers And Employees
(a) Each group hospital service corporation shall post a bond for the officer or employee responsible for the handling of the corporation's money. The bond ...
- Texas Insurance Code Section 842.155 - Treasurer's Bond
The treasurer of each group hospital service corporation shall post a fidelity bond with a corporation surety. The bond must be in the amount determined ...
- Texas Insurance Code Section 842.156 - Compensation Of Certain Officers And Employees
A paid officer or employee of a group hospital service corporation may not receive more than $20,000 annually as compensation for the officer's or employee's ...
- Texas Insurance Code Section 842.201 - Annual Statement; Filing Fee
(a) Not later than March 1 of each year, each group hospital service corporation shall file with the department an annual statement that covers the ...
- Texas Insurance Code Section 842.202 - Reserve Requirements
(a) Each group hospital service corporation shall maintain reserves sufficient to cover liability for claims incurred but not yet paid and the expenses incurred in ...
- Texas Insurance Code Section 842.203 - Final Judgment Deposit
(a) For each 1,000 members and fraction of 1,000 members, a group hospital service corporation shall deposit $100 with the comptroller through the commissioner. The ...
- Texas Insurance Code Section 842.204 - Investment Limitations
The investment limitations that apply to a life, health, and accident insurance company apply to the investments of a group hospital service corporation. Added by ...
- Texas Insurance Code Section 842.205 - Incurred Expenses
(a) In this section, "general expenses" means expenses incurred by a group hospital service corporation in the operation of its business other than: (1) a ...
- Texas Insurance Code Section 842.206 - Minimum Surplus Requirement
Each group hospital service corporation shall maintain a surplus of at least $100,000 to meet adverse contingencies. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 842.207 - Contracts; Reinsurance; Other Agreements
(a) Subject to Subsection (b), a group hospital service corporation may: (1) contract with another organization similar in character for joint participation through: (A) a ...
- Texas Insurance Code Section 842.208 - Books And Records
Each group hospital service corporation shall keep complete books and records. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 842.209 - Examinations
Articles 1.15 and 1.16 apply to a group hospital service corporation. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 842.210 - Liquidation, Rehabilitation, Or Conservation Of Group Hospital Service Corporation
The dissolution, liquidation, rehabilitation, or conservation of a group hospital service corporation is subject to Articles 21.28 and 21.28-A. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 842.251 - Plan Of Operation
(a) Before accepting applications for membership in its hospital service plan, a group hospital service corporation must submit to the commissioner a plan of operation. ...
- Texas Insurance Code Section 842.252 - Membership Certificate; Contract
(a) A group hospital service corporation shall issue to each member a membership certificate that states the benefits to which the member is or may ...
- Texas Insurance Code Section 842.253 - Policy, Certificate, And Application Forms
A policy, certificate, or application form used by a group hospital service corporation is subject to Article 3.42. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 842.254 - Deposit Requirements
A group hospital service corporation shall deposit in the account of the corporation in a bank money collected by the corporation from a member or ...
- Texas Insurance Code Section 842.255 - Advance Payments To Hospital Prohibited
A group hospital service corporation may not pay to a hospital any money collected by the corporation from a member or subscriber before the hospital ...
- Texas Insurance Code Section 842.256 - Contracts With Health Care Providers
(a) A group hospital service corporation may contract with health care providers as necessary to ensure to each member or subscriber the provision of services ...
- Texas Insurance Code Section 842.257 - May Limit Benefits
A policy or certificate issued by a group hospital service corporation may limit the types of disease for which benefits are provided. Added by Acts ...
- Texas Insurance Code Section 842.258 - Limitations On Contracts For Medical Services
(a) A group hospital service corporation may not: (1) contract to provide to a member a physician or any medical services; (2) contract to practice ...
- Texas Insurance Code Section 842.259 - Use Of Indemnity Plan Authorized
A group hospital service corporation may provide benefits for medical care, surgical care, or both medical and surgical care on the basis of indemnity payments ...
- Texas Insurance Code Section 842.260 - Payment Of Claim; Proof Of Claim
(a) After receipt of due proof of claim, a group hospital service corporation shall pay each claim presented under a membership certificate in full not ...
- Texas Insurance Code Section 842.261 - Information Available Through Internet Site
(a) A group hospital service corporation that maintains an Internet site shall list on the Internet site the physicians and health care providers, including, if ...
- Texas Insurance Code Section 842.301 - Revocation Of Certificate Of Authority
The commissioner shall revoke the certificate of authority of a group hospital service corporation that: (1) is determined to be: (A) operating fraudulently; or (B) ...
- Texas Insurance Code Section 843.001 - Short Title
This chapter may be cited as the Texas Health Maintenance Organization Act. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, ...
- Texas Insurance Code Section 843.002 - Definitions
In this chapter: (1) "Adverse determination" means a determination by a health maintenance organization or a utilization review agent that health care services provided or ...
- Texas Insurance Code Section 843.003 - Powers Of Insurers And Group Hospital Service Corporations
(a) An insurer authorized to engage in the business of insurance in this state under Chapter 822, 841, or 883, an accident insurance company, health ...
- Texas Insurance Code Section 843.004 - Governing Body Of Health Maintenance Organization
The governing body of a health maintenance organization may include physicians, providers, or other individuals, or any combination of physicians, providers, and other individuals. Added ...
- Texas Insurance Code Section 843.005 - Use Of Insurance-Related Terms By Health Maintenance Organization
A health maintenance organization that is not authorized as an insurer may not use in its name, contracts, or literature the word "insurance," "casualty," "surety," ...
- Texas Insurance Code Section 843.006 - Public Documents
(a) Except as provided by Subsection (b), each application, filing, and report required under this chapter or Chapter 20A is a public document. (b) An ...
- Texas Insurance Code Section 843.007 - Confidentiality Of Medical And Health Information
(a) Any information relating to the diagnosis, treatment, or health of an enrollee or applicant obtained by a health maintenance organization from the enrollee or ...
- Texas Insurance Code Section 843.008 - Costs Of Administering Health Maintenance Organization Laws
Money collected under this chapter and Article 20A.33 must be sufficient to administer this chapter and Chapter 20A. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 843.009 - Appeals; Judicial Review
(a) A person who is affected by a rule, ruling, or decision of the department or the commissioner is entitled to have the rule, ruling, ...
- Texas Insurance Code Section 843.051 - Applicability Of Insurance And Group Hospital Service Corporation Laws
(a) Except to the extent that the commissioner determines that the nature of health maintenance organizations, health care plans, or evidences of coverage renders a ...
- Texas Insurance Code Section 843.052 - Laws Relating To Solicitation Or Advertising
(a) Solicitation of enrollees by a health maintenance organization or its representative or agent does not violate a law relating to solicitation or advertising by ...
- Texas Insurance Code Section 843.053 - Laws Relating To Restraint Of Trade
(a) A health maintenance organization that contracts with a health facility or enters into an independent contractual arrangement with physicians or providers practicing individually or ...
- Texas Insurance Code Section 843.054 - Laws Requiring Certificate Of Need For Health Care Facility Or Service
(a) A health maintenance organization is not exempt from any statute that provides for the regulation and certification of need of health care facility construction, ...
- Texas Insurance Code Section 843.055 - Laws Relating To Practice Of Medicine
(a) This chapter does not authorize the practice of medicine as defined by state law. (b) This chapter does not repeal, modify, or amend Section ...
- Texas Insurance Code Section 843.056 - Inapplicability Of Bankruptcy Law
By applying for and receiving a certificate of authority to engage in business in this state, a health maintenance organization agrees and admits that it ...
- Texas Insurance Code Section 843.071 - Certificate Of Authority Required; Use Of "Health Maintenance Organization" Or "Hmo"
(a) A person may not organize or operate a health maintenance organization in this state, or sell or offer to sell or solicit offers to ...
- Texas Insurance Code Section 843.072 - Authorization Required To Act As Health Maintenance Organization
(a) A person, including a physician or provider, may not perform any act of a health maintenance organization except in accordance with the specific authorization ...
- Texas Insurance Code Section 843.073 - Certificate Of Authority Requirement: Applicability To Physicians And Providers
(a) A person is not required to obtain a certificate of authority under this chapter to the extent that the person is: (1) a physician ...
- Texas Insurance Code Section 843.074 - Certificate Of Authority Requirement: Applicability To Medical School And Medical And Dental Unit
A medical school or medical and dental unit, as defined or described by Section 61.003, 61.501, or 74.601, Education Code, is not required to obtain ...
- Texas Insurance Code Section 843.075 - Certificate Of Authority For Single Health Care Service Plan
The commissioner may issue a certificate of authority to a health maintenance organization organized and operated solely to provide a single health care service plan. ...
- Texas Insurance Code Section 843.076 - Application
(a) Any person may apply to the commissioner for and obtain a certificate of authority to organize and operate a health maintenance organization. (b) An ...
- Texas Insurance Code Section 843.077 - Eligibility Of Foreign Corporation
A foreign corporation may qualify for a certificate of authority under this chapter, including a certificate of authority for a single health care service plan, ...
- Texas Insurance Code Section 843.078 - Contents Of Application
(a) An application for a certificate of authority must include: (1) a copy of the applicant's basic organizational document, if any, such as the articles ...
- Texas Insurance Code Section 843.079 - Contents Of Application: Limited Health Care Service Plan
In addition to the items required under Section 843.078, an application for a certificate of authority for a limited health care service plan must include ...
- Texas Insurance Code Section 843.080 - Modification Or Amendment Of Application Information
(a) The commissioner may adopt reasonable rules that the commissioner considers necessary for the proper administration of this chapter to require a health maintenance organization, ...
- Texas Insurance Code Section 843.081 - Deadline For Action On Application
(a) After receipt by the department of a completed application for a certificate of authority, the department shall provide notice and an opportunity for a ...
- Texas Insurance Code Section 843.082 - Requirements For Approval Of Application
The commissioner shall issue a certificate of authority on payment of the application fee prescribed by Section 843.154(c) if the commissioner is satisfied that: (1) ...
- Texas Insurance Code Section 843.083 - Denial Of Certificate Of Authority
(a) If the commissioner certifies that the health maintenance organization's proposed plan of operation does not meet the requirements of Section 843.082, the commissioner may ...
- Texas Insurance Code Section 843.084 - Duration Of Certificate Of Authority
A certificate of authority continues in effect: (1) while the certificate holder meets the requirements of this chapter and Chapter 20A; or (2) until the ...
- Texas Insurance Code Section 843.085 - Change In Control: Commissioner Approval
Any change in control, as defined by Chapter 823, of a health maintenance organization is subject to the approval of the commissioner. Added by Acts ...
- Texas Insurance Code Section 843.101 - Providing Or Arranging For Care
(a) A health maintenance organization may provide or arrange for medical care services only through: (1) other health maintenance organizations; or (2) physicians or groups ...
- Texas Insurance Code Section 843.102 - Health Maintenance Organization Quality Assurance
(a) A health maintenance organization shall establish procedures to ensure that health care services are provided to enrollees under reasonable standards of quality of care ...
- Texas Insurance Code Section 843.103 - Acquisition And Operation Of Facilities; Certain Loans; Commissioner Approval Of Affiliate Transactions
(a) A health maintenance organization may: (1) purchase, lease, construct, renovate, operate, or maintain hospitals or medical facilities and ancillary equipment and other property reasonably ...
- Texas Insurance Code Section 843.104 - Contracts For Certain Administrative Functions
A health maintenance organization may contract with any person to perform functions such as marketing, enrollment, and administration on behalf of the health maintenance organization. ...
- Texas Insurance Code Section 843.105 - Management And Exclusive Agency Contracts
(a) A health maintenance organization may not enter into a management contract or exclusive agency contract unless the proposed contract is first filed with and ...
- Texas Insurance Code Section 843.106 - Insurance, Reinsurance, Indemnity, And Reimbursement
A health maintenance organization may contract with an insurer or group hospital service corporation authorized to engage in business in this state to provide insurance, ...
- Texas Insurance Code Section 843.107 - Indemnity Benefits; Point-Of-Service Provisions
A health maintenance organization may offer: (1) indemnity benefits covering out-of-area emergency care; (2) indemnity benefits, in addition to those relating to out-of-area and emergency ...
- Texas Insurance Code Section 843.108 - Point-Of-Service Rider
(a) In this section, "point-of-service rider" means a rider under which indemnity benefits for the cost of health care services are provided by a health ...
- Texas Insurance Code Section 843.109 - Payment By Governmental Or Private Entity
A health maintenance organization may accept from a governmental or private entity payments for all or part of the cost of services provided or arranged ...
- Texas Insurance Code Section 843.110 - Corporation, Partnership, Or Association Powers
A health maintenance organization has all powers of a partnership, association, or corporation, including a professional association or corporation, as appropriate under the organizational documents ...
- Texas Insurance Code Section 843.111 - Group Model Health Maintenance Organizations
(a) In this section, "group model health maintenance organization" means a health maintenance organization that provides the majority of its professional services through a single ...
- Texas Insurance Code Section 843.112 - Dental Point-Of-Service Option
(a) In this section: (1) "Point-of-service option" means a plan provided through a contractual arrangement under which: (A) indemnity benefits for the cost of dental ...
- Texas Insurance Code Section 843.113 - Specified Powers Not Exclusive
The powers of a health maintenance organization are not limited to the powers specified by this subchapter. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 843.151 - Rules
The commissioner may adopt reasonable rules as necessary and proper to: (1) implement this chapter and Chapter 20A, including rules to: (A) prescribe authorized investments ...
- Texas Insurance Code Section 843.152 - Subpoena Authority
In implementing this chapter and Chapter 20A, the commissioner may exercise subpoena authority in accordance with Subchapter C, Chapter 36. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 843.153 - Authority To Contract
In performing duties under this chapter and Chapter 20A, the commissioner may contract with a state agency or, after notice and opportunity for hearing, with ...
- Texas Insurance Code Section 843.154 - Fees
(a) The commissioner shall, within the limits prescribed by this section, prescribe the fees to be charged under this section. (b) Fees collected under this ...
- Texas Insurance Code Section 843.155 - Annual Report
(a) Not later than March 1 of each year, a health maintenance organization shall file with the commissioner a report covering the preceding calendar year. ...
- Texas Insurance Code Section 843.156 - Examinations
(a) The commissioner may examine the quality of health care services and the affairs of any health maintenance organization or applicant for a certificate of ...
- Texas Insurance Code Section 843.157 - Rehabilitation, Liquidation, Supervision, Or Conservation Of Health Maintenance Organization
(a) The rehabilitation, liquidation, supervision, or conservation of a health maintenance organization shall be treated as the rehabilitation, liquidation, supervision, or conservation of an insurer ...
- Texas Insurance Code Section 843.201 - Disclosure Of Information About Health Care Plan Terms
(a) A health maintenance organization shall provide an accurate written or electronic description of health care plan terms, including restrictions or limitations related to a ...
- Texas Insurance Code Section 843.2015 - Information Available Through Internet Site
(a) A health maintenance organization that maintains an Internet site shall list on the Internet site the physicians and providers, including, if appropriate, mental health ...
- Texas Insurance Code Section 843.202 - Disclosure Of Information To Medicare Recipients
(a) Before a prospective enrollee is enrolled in a health care plan offered to Medicare recipients by a Medicare-contracting health maintenance organization, the health maintenance ...
- Texas Insurance Code Section 843.203 - Selection Of Primary Care Physician Or Provider
(a) Each plan application form shall prominently include a space in which the enrollee at the time of application or enrollment shall select a primary ...
- Texas Insurance Code Section 843.204 - Untrue Or Misleading Information
(a) A health maintenance organization or a representative of a health maintenance organization may not: (1) use or distribute or knowingly permit the use or ...
- Texas Insurance Code Section 843.205 - Member's Handbook; Information About Complaints And Appeals
(a) In this section, "major population" means a group constituting 10 percent or more of the enrolled population of the health maintenance organization. (b) A ...
- Texas Insurance Code Section 843.206 - Notice Of Change In Payment Arrangements
A health maintenance organization shall notify a group contract holder within 30 days of any substantive change to the payment arrangements between the health maintenance ...
- Texas Insurance Code Section 843.207 - Notice Of Change In Operations
A health maintenance organization shall provide to its enrollees reasonable notice of any material adverse change in the operation of the health maintenance organization that ...
- Texas Insurance Code Section 843.208 - Cancellation Or Nonrenewal Of Coverage
A health maintenance organization may cancel or refuse to renew the coverage of an enrollee only for: (1) failure to pay the charges for the ...
- Texas Insurance Code Section 843.209 - Identification Card
An identification card or other similar document issued by a health maintenance organization to an enrollee must: (1) indicate that the health maintenance organization is ...
- Texas Insurance Code Section 843.210 - Terms Of Enrollee Eligibility
A contract between a health maintenance organization and a group contract holder must provide that: (1) in addition to any other premiums for which the ...
- Texas Insurance Code Section 843.251 - Complaint System Required; Commissioner Rules And Examination
(a) A health maintenance organization shall implement and maintain a complaint system that provides reasonable procedures to resolve an oral or written complaint initiated by ...
- Texas Insurance Code Section 843.252 - Complaint Initiation And Initial Response; Deadlines For Response And Resolution
(a) If a complainant notifies a health maintenance organization of a complaint, the health maintenance organization, not later than the fifth business day after the ...
- Texas Insurance Code Section 843.253 - Complaint Investigation And Resolution
(a) A health maintenance organization shall investigate each complaint received in accordance with the health maintenance organization's policies and in compliance with this chapter. (b) ...
- Texas Insurance Code Section 843.254 - Appeal To Complaint Appeal Panel; Deadlines
(a) A health maintenance organization shall provide an appeals process for a complainant who is not satisfied with the resolution of the complaint. The appeals ...
- Texas Insurance Code Section 843.255 - Composition Of Complaint Appeal Panel
(a) A health maintenance organization shall appoint members to a complaint appeal panel to advise the health maintenance organization on the resolution of a disputed ...
- Texas Insurance Code Section 843.256 - Information Provided To Complainant Relating To Complaint Appeal Panel
Not later than the fifth business day before the date a complaint appeal panel is scheduled to meet, unless the complainant agrees otherwise, the health ...
- Texas Insurance Code Section 843.257 - Rights Of Complainant At Complaint Appeal Panel Meeting
A complainant, or a designated representative if the enrollee is a minor or is disabled, is entitled to: (1) appear in person before the complaint ...
- Texas Insurance Code Section 843.258 - Appeal Involving Ongoing Emergency Or Continued Hospitalization
(a) The investigation and resolution of an appeal of a complaint relating to an ongoing emergency or denial of continued hospitalization shall be concluded: (1) ...
- Texas Insurance Code Section 843.259 - Notice Of Decision On Appeal
(a) A health maintenance organization shall include in a notice of the final decision on an appeal a statement of the specific medical determination, clinical ...
- Texas Insurance Code Section 843.260 - Record Of Complaints
(a) A health maintenance organization shall maintain a complaint and appeal log regarding each complaint. The log must identify those complaints relating to limited provider ...
- Texas Insurance Code Section 843.261 - Special Provisions For Appeals Of Adverse Determinations
(a) A health maintenance organization shall implement and maintain an internal appeal system that: (1) provides reasonable procedures for the resolution of an oral or ...
- Texas Insurance Code Section 843.262 - Certain Decisions Binding
(a) If an enrollee, a person acting on behalf of an enrollee, or an enrollee's provider of record appeals an adverse determination as provided under ...
- Texas Insurance Code Section 843.281 - Retaliatory Action Prohibited
(a) A health maintenance organization may not engage in retaliatory action, including refusal to renew or cancellation of coverage, against a group contract holder or ...
- Texas Insurance Code Section 843.282 - Submitting Complaints To Department
(a) Any person, including a person who has attempted to resolve a complaint through a health maintenance organization's complaint system process and is dissatisfied with ...
- Texas Insurance Code Section 843.283 - Posting Of Information On Complaint Process Required
A contract between a health maintenance organization and a physician or provider must require the physician or provider to post, in the office of the ...
- Texas Insurance Code Section 843.301 - Practice Of Medicine Not Affected
This chapter and Chapter 20A do not: (1) authorize any person, other than a licensed physician or practitioner of the healing arts, acting within the ...
- Texas Insurance Code Section 843.302 - Disclosure Of Application Procedures And Qualification Requirements To Physician Or Provider
A health maintenance organization shall, on request, make available and disclose to a physician or provider written application procedures and qualification requirements for contracting with ...
- Texas Insurance Code Section 843.303 - Denial Of Initial Contract To Physician Or Provider
(a) A health maintenance organization that denies a contract to a physician or provider who initially applies to contract with the health maintenance organization to ...
- Texas Insurance Code Section 843.304 - Exclusion Of Provider Based On Type Of License Prohibited
(a) A provider licensed or otherwise authorized to practice in this state may not be denied the opportunity to participate in providing health care services ...
- Texas Insurance Code Section 843.3041 - Acupuncturist Services
(a) A health maintenance organization that includes acupuncture in the services covered by the organization's health care plan may not refuse to provide reimbursement for ...
- Texas Insurance Code Section 843.3045 - Nurse First Assistant
A health maintenance organization may not refuse to contract with a nurse first assistant, as defined by Section 301.1525, Occupations Code, to be included in ...
- Texas Insurance Code Section 843.305 - Annual Application Period For Physicians And Providers To Contract
(a) This section applies only to a health maintenance organization that provides coverage for health care services through: (1) one or more physicians or providers ...
- Texas Insurance Code Section 843.306 - Termination Of Participation; Advisory Review Panel
(a) Before terminating a contract with a physician or provider, a health maintenance organization shall provide to the physician or provider a written explanation of ...
- Texas Insurance Code Section 843.307 - Expedited Review Process On Termination Or Deselection
On request by the physician or provider, a physician or provider whose participation in a health care plan is being terminated or who is deselected ...
- Texas Insurance Code Section 843.308 - Notification Of Patients Of Deselected Physician Or Provider
(a) Except as provided by Subsection (b), if a physician or provider is deselected for a reason other than the request of the physician or ...
- Texas Insurance Code Section 843.309 - Contracts With Physicians Or Providers: Notice To Certain Enrollees Of Termination Of Physician Or Provider Participation In Plan
A contract between a health maintenance organization and a physician or provider must provide that reasonable advance notice shall be given to an enrollee of ...
- Texas Insurance Code Section 843.310 - Contracts With Physicians Or Providers: Certain Indemnity Clauses Prohibited
A contract between a health maintenance organization and a physician or provider may not contain a clause purporting to indemnify the health maintenance organization for ...
- Texas Insurance Code Section 843.311 - Contracts With Podiatrists
A contract between a health maintenance organization and a podiatrist licensed by the Texas State Board of Podiatric Medical Examiners must provide that: (1) the ...
- Texas Insurance Code Section 843.312 - Physician Assistants And Advanced Practice Nurses
(a) A health maintenance organization may not refuse a request by a physician participating in the health maintenance organization delivery network and a physician assistant ...
- Texas Insurance Code Section 843.313 - Economic Profiling
(a) A health maintenance organization that conducts or uses economic profiling of physicians or providers participating in the health maintenance organization delivery network shall make ...
- Texas Insurance Code Section 843.314 - Inducement To Limit Medically Necessary Services Prohibited
(a) A health maintenance organization may not use a financial incentive or make a payment to a physician or provider if the incentive or payment ...
- Texas Insurance Code Section 843.315 - Payment Of Capitation; Assignment Of Primary Care Physician Or Provider
(a) This section applies to a health maintenance organization that to any extent uses capitation as a method of compensation. (b) A health maintenance organization ...
- Texas Insurance Code Section 843.316 - Alternative Capitation System
As an alternative to the procedures prescribed by Section 843.315, a health maintenance organization may request approval from the department of a capitation payment system ...
- Texas Insurance Code Section 843.317 - Exclusion Of Physician Or Provider Based On Affiliation With Health Maintenance Organization Prohibited
A physician, health care provider, group of physicians or health care providers, or health care facility or institution may not exclude a physician or provider ...
- Texas Insurance Code Section 843.318 - Certain Contracts Of Participating Physician Or Provider Not Prohibited
(a) This chapter and this code do not prohibit a physician or provider who is participating in a health maintenance organization delivery network, whether by ...
- Texas Insurance Code Section 843.319 - Certain Required Contracts
Notwithstanding Section 843.304, a health maintenance organization may not deny a contract to a podiatrist licensed by the Texas State Board of Podiatric Medical Examiners ...
- Texas Insurance Code Section 843.320 - Use Of Hospitalist
(a) In this section, "hospitalist" means a physician who: (1) serves as physician of record at a hospital for a hospitalized patient of another physician; ...
- Texas Insurance Code Section 843.321 - Availability Of Coding Guidelines
(a) A contract between a health maintenance organization and a physician or provider must provide that: (1) the physician or provider may request a description ...
- Texas Insurance Code Section 843.323 - Contract Provisions Prohibiting Rejection Of Batched Claims
(a) If requested by a participating physician or provider, a health maintenance organization shall include a provision in the physician's or provider's contract providing that ...
- Texas Insurance Code Section 843.336 - Definition
(a) In this subchapter, "clean claim" means a claim that complies with this section. (b) A nonelectronic claim by a physician or provider, other than ...
- Texas Insurance Code Section 843.337 - Time For Submission Of Claim; Duplicate Claims; Acknowledgment Of Receipt Of Claim
(a) A physician or provider must submit a claim to a health maintenance organization not later than the 95th day after the date the physician ...
- Texas Insurance Code Section 843.338 - Deadline For Action On Clean Claims
Except as provided by Section 843.3385, not later than the 45th day after the date on which a health maintenance organization receives a clean claim ...
- Texas Insurance Code Section 843.3385 - Additional Information
(a) If a health maintenance organization needs additional information from a treating participating physician or provider to determine payment, the health maintenance organization, not later ...
- Texas Insurance Code Section 843.339 - Deadline For Action On Certain Prescription Claims
Not later than the 21st day after the date a health maintenance organization affirmatively adjudicates a pharmacy claim that is electronically submitted, the health maintenance ...
- Texas Insurance Code Section 843.340 - Audited Claims
(a) Except as provided by Section 843.3385, if a health maintenance organization intends to audit a claim submitted by a participating physician or provider, the ...
- Texas Insurance Code Section 843.3405 - Investigation And Determination Of Payment
The investigation and determination of payment, including any coordination of other payments, does not extend the period for determining whether a claim is payable under ...
- Texas Insurance Code Section 843.341 - Claims Processing Procedures
(a) A health maintenance organization shall provide a participating physician or provider with copies of all applicable utilization review policies and claim processing policies or ...
- Texas Insurance Code Section 843.342 - Violation Of Certain Claims Payment Provisions; Penalties
(a) Except as provided by this section, if a clean claim submitted to a health maintenance organization is payable and the health maintenance organization does ...
- Texas Insurance Code Section 843.343 - Attorney's Fees
A physician or provider may recover reasonable attorney's fees and court costs in an action to recover payment under this subchapter. Added by Acts 2001, ...
- Texas Insurance Code Section 843.344 - Applicability Of Subchapter To Entities Contracting With Health Maintenance Organization
This subchapter applies to a person with whom a health maintenance organization contracts to: (1) process or pay claims; (2) obtain the services of physicians ...
- Texas Insurance Code Section 843.345 - Exception
This subchapter does not apply to a capitated payment required to be made to a physician or provider under an agreement to provide health care ...
- Texas Insurance Code Section 843.346 - Payment Of Claims
Except as provided by this subchapter, a health maintenance organization shall pay a physician or provider for health care services and benefits provided to an ...
- Texas Insurance Code Section 843.347 - Verification
(a) In this section, "verification" means a reliable representation by a health maintenance organization to a physician or provider that the health maintenance organization will ...
- Texas Insurance Code Section 843.348 - Preauthorization Of Health Care Services
(a) In this section, "preauthorization" means a determination by a health maintenance organization that health care services proposed to be provided to a patient are ...
- Texas Insurance Code Section 843.349 - Coordination Of Payment
(a) A health maintenance organization may require a physician or provider to retain in the physician's or provider's records updated information concerning other health benefit ...
- Texas Insurance Code Section 843.350 - Overpayment
(a) A health maintenance organization may recover an overpayment to a physician or provider if: (1) not later than the 180th day after the date ...
- Texas Insurance Code Section 843.351 - Services Provided By Certain Physicians And Providers
The provisions of this subchapter relating to prompt payment by a health maintenance organization of a physician or provider and to verification of health care ...
- Texas Insurance Code Section 843.352 - Conflict With Other Law
To the extent of any conflict between this subchapter and Article 21.52C, this subchapter controls. Added by Acts 2003, 78th Leg., ch. 214, § 19, ...
- Texas Insurance Code Section 843.353 - Waiver Prohibited
Except as provided by Sections 843.336(f) and 843.337(c), the provisions of this subchapter may not be waived, voided, or nullified by contract. Added by Acts ...
- Texas Insurance Code Section 843.361 - Enrollees Held Harmless
A contract or other agreement between a health maintenance organization and a physician or provider must specify that the physician or provider will hold an ...
- Texas Insurance Code Section 843.362 - Continuity Of Care; Obligation Of Health Maintenance Organization
(a) In this section, "special circumstance" means a condition regarding which a treating physician or provider reasonably believes that discontinuing care by that physician or ...
- Texas Insurance Code Section 843.363 - Protected Physician Or Provider Communications With Patients
(a) A health maintenance organization may not, as a condition of a contract with a physician, dentist, or provider, or in any other manner, prohibit, ...
- Texas Insurance Code Section 843.401 - Fiduciary Responsibility
A director, officer, member, employee, or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of ...
- Texas Insurance Code Section 843.402 - Officers' And Employees' Bond
(a) A health maintenance organization shall maintain in force in its own name a fidelity bond on its officers and employees in an amount of ...
- Texas Insurance Code Section 843.403 - Minimum Net Worth
(a) A health maintenance organization authorized to provide basic health care services shall maintain a minimum net worth of $1.5 million. (b) A health maintenance ...
- Texas Insurance Code Section 843.404 - Additional Net Worth Requirements
(a) The commissioner may adopt rules or by rule establish guidelines requiring a health maintenance organization to maintain a specified net worth based on: (1) ...
- Texas Insurance Code Section 843.405 - Deposit With Comptroller
(a) Unless otherwise provided by this section, a health maintenance organization shall deposit with the comptroller cash or securities, or any combination of cash, securities, ...
- Texas Insurance Code Section 843.406 - Hazardous Financial Condition
(a) If the financial condition of a health maintenance organization indicates that the continued operation of the health maintenance organization could be hazardous to its ...
- Texas Insurance Code Section 843.407 - Receivership And Delinquency Proceedings
(a) In addition to all other remedies available by law, if the commissioner believes that a health maintenance organization or another person is insolvent or ...
- Texas Insurance Code Section 843.408 - Insolvency And Allocation To Other Health Maintenance Organizations
(a) If a health maintenance organization becomes insolvent, the commissioner shall equitably allocate the insolvent health maintenance organization's group contracts and nongroup enrollees among all ...
- Texas Insurance Code Section 843.409 - Examination Expenses
(a) A credit against the amount of premium taxes to be paid by a health maintenance organization in a taxable year may not be allowed ...
- Texas Insurance Code Section 843.435 - Definition
In this subchapter, "committee" means the Health Maintenance Organization Solvency Surveillance Committee. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, ...
- Texas Insurance Code Section 843.436 - Composition And Administration
(a) The Health Maintenance Organization Solvency Surveillance Committee exists under the direction of the commissioner. (b) The committee is composed of nine members appointed by ...
- Texas Insurance Code Section 843.437 - Plan Of Operation
(a) The committee shall perform its functions under a plan of operation. The plan takes effect on the written approval of the commissioner. (b) If ...
- Texas Insurance Code Section 843.438 - Examination And Regulation
The committee is subject to examination and regulation by the commissioner. Not later than May 1 of each year, the committee shall submit to the ...
- Texas Insurance Code Section 843.439 - Immunity From Liability
A health maintenance organization or its agents or employees, the committee or its agents, employees, or members, or the commissioner or the commissioner's representatives are ...
- Texas Insurance Code Section 843.440 - General Powers And Duties
(a) The committee shall assist and advise the commissioner regarding: (1) the detection and prevention of insolvency problems in health maintenance organizations; and (2) any ...
- Texas Insurance Code Section 843.441 - Assessments
(a) To provide funds for the administrative expenses of the commissioner regarding rehabilitation, liquidation, supervision, or conservation of an impaired health maintenance organization in this ...
- Texas Insurance Code Section 843.461 - Enforcement Actions
(a) After notice and opportunity for a hearing, the commissioner may: (1) suspend or revoke a certificate of authority issued to a health maintenance organization ...
- Texas Insurance Code Section 843.462 - Operations During Suspension Or After Revocation Of Certificate Of Authority
(a) During the period a certificate of authority of a health maintenance organization is suspended, the health maintenance organization may not: (1) enroll additional enrollees ...
- Texas Insurance Code Section 843.463 - Injunctions
If the commissioner believes that a health maintenance organization or another person is violating or has violated this chapter or Chapter 20A or a rule ...
- Texas Insurance Code Section 843.464 - Criminal Penalty
(a) A person, including an agent or officer of a health maintenance organization, commits an offense if the person: (1) wilfully violates this chapter or ...
- Texas Insurance Code Section 844.001 - Definitions
In this chapter: (1) "Approved nonprofit health corporation" means a nonprofit health corporation certified under Section 162.001, Occupations Code. (2) "Certificate holder" means an approved ...
- Texas Insurance Code Section 844.002 - Exceptions
This chapter does not apply to: (1) an approved nonprofit health corporation that contracts to arrange for or provide health care services on a fee-for-service ...
- Texas Insurance Code Section 844.003 - Exceptions To Texas Health Maintenance Organization Act
This chapter may not be construed to alter the exceptions stated in Sections 843.053 and 843.073. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 844.004 - Rules
Except as provided by Section 844.101(b), the commissioner shall adopt rules to implement this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, ...
- Texas Insurance Code Section 844.005 - Provision Of Certain Services On Behalf Of Health Maintenance Organizations
(a) An approved nonprofit health corporation may arrange for or provide health care services on a risk-sharing or capitated risk arrangement on behalf of a ...
- Texas Insurance Code Section 844.051 - Certificate Of Authority Required
An approved nonprofit health corporation may not arrange for or provide a health care plan to enrollees on a prepaid basis unless the corporation holds ...
- Texas Insurance Code Section 844.052 - Certificate Application; Eligibility Requirements
(a) An approved nonprofit health corporation may apply to the department for a certificate of authority under this chapter. (b) The commissioner may issue a ...
- Texas Insurance Code Section 844.053 - Provisional Certificate Of Authority
The commissioner shall grant a provisional certificate of authority to an applicant if: (1) the applicant has applied for accreditation from an accrediting organization described ...
- Texas Insurance Code Section 844.054 - Powers And Duties Of Certificate Holder
(a) A certificate holder has all the powers granted to and duties imposed on a health maintenance organization under the insurance laws of this state, ...
- Texas Insurance Code Section 844.101 - Unfair Competition
(a) A certificate holder may not engage in unfair and disruptive provider hiring or contracting practices for the purpose of limiting competition from traditional community ...
- Texas Insurance Code Section 845.001 - Short Title
This chapter may be cited as the Statewide Rural Health Care System Act. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 845.002 - Definitions
In this chapter: (1) "Board" means the board of directors of the system. (2) "Enrollee" means an individual who: (A) resides in a rural area; ...
- Texas Insurance Code Section 845.003 - Rural Area Designation
In determining whether to designate an area as a rural area under this chapter, the commissioner shall consider any area that is delineated as an ...
- Texas Insurance Code Section 845.004 - Rules
The commissioner shall adopt rules as necessary to implement this subchapter and Subchapters B, C, and D. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 845.051 - Statewide Rural Health Care System
The commissioner shall designate a single organization as the statewide rural health care system. The system is authorized to sponsor, arrange for the provision of, ...
- Texas Insurance Code Section 845.052 - Organization Requirements
The system must: (1) be a corporation organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); and (2) consist ...
- Texas Insurance Code Section 845.053 - Requirements Applicable To Certain Plans
(a) Except as provided by Subsection (b), if the system seeks to sponsor, arrange for the provision of, or provide health care services to enrollees ...
- Texas Insurance Code Section 845.054 - Local Government
(a) The system is: (1) a unit of local government that is a governmental unit for purposes of Chapter 101, Civil Practice and Remedies Code; ...
- Texas Insurance Code Section 845.055 - Provision Of Administrative And Health Care Services
(a) The system shall contract with or otherwise arrange for local health care provider networks composed of not more than 19 counties to deliver health ...
- Texas Insurance Code Section 845.056 - Gifts And Grants
The system may accept gifts or grants of money or property to provide programs and services. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 845.057 - Limitation On Authority Of Participating Hospital Providers
The participating hospital providers may exercise only the authority provided by Sections 845.058, 845.101, and 845.103. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 845.058 - Sale Or Dissolution Of System
(a) The participating hospital providers may authorize, by a two-thirds vote, the sale of the system or substantially all of the assets of the system. ...
- Texas Insurance Code Section 845.101 - Appointment Of Board
(a) The system is governed by a board of directors that consists of 17 members. Notwithstanding the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., ...
- Texas Insurance Code Section 845.102 - Terms; Vacancy
(a) Members of the board serve staggered six-year terms. The terms of five or six members expire December 1 of each even-numbered year. (b) A ...
- Texas Insurance Code Section 845.103 - Removal Of Certain Board Members
The participating hospital providers may remove, by a two-thirds vote, any member of the board elected by the participating hospital providers under Section 845.101(b). Added ...
- Texas Insurance Code Section 845.104 - Board Duties
The board shall: (1) administer the system; (2) adopt policies and procedures for the system that are consistent with the purposes of this subchapter and ...
- Texas Insurance Code Section 845.105 - Rules Relating To Administrative And Health Care Services
The board may adopt rules to regulate the provision of administrative services and health care services by the system. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 845.106 - Officers
The board may elect officers as it considers appropriate. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 845.107 - Executive Committee
(a) The board may appoint an executive committee as determined by the board to be useful in conducting the business of the board. (b) The ...
- Texas Insurance Code Section 845.108 - Administrative Services; Personnel
(a) The board may, by majority vote: (1) contract for administrative, management, or support services; (2) hire an executive director; (3) contract with a consultant, ...
- Texas Insurance Code Section 845.109 - Advisory Committees
(a) The board may appoint a health care services advisory committee. The advisory committee must include members who represent rural, urban, and educational groups and ...
- Texas Insurance Code Section 845.110 - Open Meetings And Records Requirements
(a) Meetings of the board are open to the public in accordance with Chapter 551, Government Code. This subsection does not require the board to ...
- Texas Insurance Code Section 845.151 - Contract Award
To the extent consistent with federal law, the state shall award to the system at least one of the state managed care contracts that are ...
- Texas Insurance Code Section 845.152 - Participation Requirement
As a requirement of participation in a state contract awarded under Section 845.151, the system must satisfactorily address the qualifications for arranging to provide health ...
- Texas Insurance Code Section 845.153 - Reimbursement At State-Defined Capitation Rate
(a) To the extent the system operates under a certificate of authority issued under Chapter 843, the Medicaid contracting agency shall reimburse the system at ...
- Texas Insurance Code Section 845.154 - Right Of State To Cancel Contract On Sale Or Dissolution
The state may cancel a contract awarded under this subchapter if the system is sold or dissolved. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 845.155 - Use Of System As Pilot Program, Demonstration Project, Or Study
The commissioner of health and human services may use the system for: (1) a voluntary pilot or demonstration program that: (A) evaluates the use of ...
- Texas Insurance Code Section 845.201 - Rural Health Care Delivery System
(a) The system is designed to protect and enhance the rural health care delivery system by: (1) establishing a statewide rural health care network; (2) ...
- Texas Insurance Code Section 845.202 - Patient Rights Policies
It is intended that the system incorporate patient-focused considerations that include: (1) open communication; (2) informed consent; (3) protection of confidentiality and privacy; (4) full ...
- Texas Insurance Code Section 845.203 - Patient-Physician Relationship
It is intended that the system preserve significant traditional and ethical relationships between a patient and the patient's health care provider by ensuring that: (1) ...
- Texas Insurance Code Section 845.204 - Public Health And Prevention
It is intended that the system use incentives to promote healthy communities and individuals by using a public health model that focuses on health promotion, ...
- Texas Insurance Code Section 845.205 - Credentials And Peer Review
To ensure that enrollees will receive quality health care, it is intended that the system focus on processes for obtaining credentials and performing peer review ...
- Texas Insurance Code Section 845.206 - Quality Improvement And Management
It is intended that the system use standard guidelines established by the National Committee on Quality Assurance and other recognized accrediting organizations to: (1) ensure ...
- Texas Insurance Code Section 846.001 - Definitions
In this chapter: (1) "Board" means the board of trustees or directors, as applicable, of a multiple employer welfare arrangement. (2) "Employee welfare benefit plan" ...
- Texas Insurance Code Section 846.002 - Applicability Of Chapter
(a) In this section, "fully insured multiple employer welfare arrangement" means an arrangement that provides to its participating employees and beneficiaries benefits for which 100 ...
- Texas Insurance Code Section 846.003 - Limited Exemption From Insurance Laws; Applicability Of Certain Laws
(a) A multiple employer welfare arrangement is exempt from the operation of all insurance laws of this state, except laws that are made applicable by ...
- Texas Insurance Code Section 846.004 - Late-Participating Employee Or Dependent
(a) For purposes of this chapter, an employee or dependent eligible for enrollment in a participating employer's health benefit plan is a late-participating employee or ...
- Texas Insurance Code Section 846.005 - Rules; Orders
(a) The commissioner may, on notice and opportunity for all interested persons to be heard, adopt rules and issue orders reasonably necessary to augment and ...
- Texas Insurance Code Section 846.006 - Appeal Of Orders
A person affected by an order of the commissioner issued under this chapter may appeal that order by filing suit in a district court in ...
- Texas Insurance Code Section 846.007 - Premium Rates; Adjustments
(a) A multiple employer welfare arrangement may charge premiums in accordance with this section to the group of employees or dependents who meet the participation ...
- Texas Insurance Code Section 846.051 - Certificate Of Authority Required
A person may not establish or maintain an employee welfare benefit plan that is a multiple employer welfare arrangement in this state unless the arrangement ...
- Texas Insurance Code Section 846.052 - Application For Initial Certificate Of Authority
(a) A person who wants to establish an employee welfare benefit plan that is a multiple employer welfare arrangement must apply for an initial certificate ...
- Texas Insurance Code Section 846.053 - Eligibility Requirements For Initial Certificate Of Authority
(a) An applicant for an initial certificate of authority as a multiple employer welfare arrangement must meet the requirements of this section. (b) The employers ...
- Texas Insurance Code Section 846.054 - Issuance Of Initial Certificate Of Authority
(a) The commissioner shall issue an initial certificate of authority to a multiple employer welfare arrangement that meets the requirements of Section 846.053 not later ...
- Texas Insurance Code Section 846.055 - Extension Of Term Of Initial Certificate Of Authority
The commissioner may extend the term of an initial certificate of authority for a period not to exceed one year if the commissioner determines that ...
- Texas Insurance Code Section 846.056 - Final Certificate Of Authority
(a) A multiple employer welfare arrangement that holds an initial certificate of authority must apply for a final certificate of authority not later than the ...
- Texas Insurance Code Section 846.057 - Denial Of Final Certificate Of Authority
(a) The commissioner shall deny a final certificate of authority to an applicant that does not comply with this chapter. (b) If the commissioner denies ...
- Texas Insurance Code Section 846.058 - Disqualification
(a) A multiple employer welfare arrangement, each board member and officer of the arrangement, and any agent or other person associated with the arrangement shall ...
- Texas Insurance Code Section 846.059 - Fees; Service Of Process
(a) Each multiple employer welfare arrangement shall pay to the department in the amount set by the commissioner: (1) an application fee for an initial ...
- Texas Insurance Code Section 846.060 - Suspension, Revocation, Or Limitation Of Certificate Of Authority
In addition to any requirement or remedy under a law cited under Section 846.003, the commissioner may suspend, revoke, or limit the certificate of authority ...
- Texas Insurance Code Section 846.061 - Action By Attorney General
(a) The commissioner may notify the attorney general of a violation of this chapter, and the attorney general may apply to a district court in ...
- Texas Insurance Code Section 846.101 - Board Members; Notice Of Elections
(a) Except as otherwise provided, the powers of a multiple employer welfare arrangement shall be exercised by a board elected to carry out the purposes ...
- Texas Insurance Code Section 846.102 - Duties Of Board Members
(a) The board members of a multiple employer welfare arrangement are responsible for all operations of the arrangement and shall take all necessary precautions to ...
- Texas Insurance Code Section 846.103 - Limitation On Action Against Board Member
A board member may not be held liable in a private cause of action for any delinquency under Section 846.102 after the expiration of the ...
- Texas Insurance Code Section 846.104 - Compensation Of Board Members
A board member serves without compensation from the multiple employer welfare arrangement except for actual and necessary expenses. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 846.105 - Officers; Agents
(a) The board shall select officers for the multiple employer welfare arrangement as designated in the organizational documents and may appoint agents as necessary for ...
- Texas Insurance Code Section 846.106 - Compensation Of Officers, Agents, And Employees
(a) A multiple employer welfare arrangement may pay the officers and agents of the arrangement suitable compensation. An officer, employee, or agent of an arrangement ...
- Texas Insurance Code Section 846.107 - Receipt Of Thing Of Value; Criminal Penalty
(a) A board member, officer, or employee of a multiple employer welfare arrangement may not, knowingly and intentionally, directly or indirectly: (1) receive money or ...
- Texas Insurance Code Section 846.151 - General Powers
(a) Unless otherwise provided by or inconsistent with this chapter, each multiple employer welfare arrangement may exercise the powers provided by this section. (b) A ...
- Texas Insurance Code Section 846.152 - Filing Of Organizational Documents
A multiple employer welfare arrangement shall file with the commissioner its organizational documents and all appurtenant amendments before those documents take effect. Added by Acts ...
- Texas Insurance Code Section 846.153 - Required Filings
(a) A multiple employer welfare arrangement engaging in business in this state shall file the following with the commissioner on forms approved by the commissioner: ...
- Texas Insurance Code Section 846.154 - Cash Reserve Requirements
(a) The amount of cash reserves recommended under Section 846.153(c)(2) may not be less than the greater of: (1) 20 percent of the total contributions ...
- Texas Insurance Code Section 846.155 - Adjustment Of Contributions
If the recommended cash reserves required by Section 846.154(a) exceed the greater of 40 percent of the total contributions for the preceding plan year or ...
- Texas Insurance Code Section 846.156 - Waiver Or Reduction Of Required Stop-Loss Insurance Or Cash Reserves
On the application of a multiple employer welfare arrangement, the commissioner may waive or reduce the requirement for aggregate stop-loss insurance coverage and the amount ...
- Texas Insurance Code Section 846.157 - Renewal Of Certificate; Additional Actuarial Review
(a) The commissioner shall review the forms required by Section 846.153 and shall renew a multiple employer welfare arrangement's certificate of authority unless the commissioner ...
- Texas Insurance Code Section 846.158 - Examination Of Multiple Employer Welfare Arrangements
(a) The commissioner or the commissioner's appointee may examine the affairs of any multiple employer welfare arrangement. (b) For the purposes of this section the ...
- Texas Insurance Code Section 846.159 - Name Of Multiple Employer Welfare Arrangement
(a) A multiple employer welfare arrangement shall transact business under the arrangement's own name and may not adopt any assumed name. An arrangement may not ...
- Texas Insurance Code Section 846.160 - Evidence Of Existence
A certified copy of the multiple employer welfare arrangement's certificate of authority is prima facie evidence of the existence of the arrangement in a legal ...
- Texas Insurance Code Section 846.201 - Benefits Allowed
(a) A multiple employer welfare arrangement may only provide one or more of the following: (1) medical, dental, vision, surgical, or hospital care; (2) benefits ...
- Texas Insurance Code Section 846.202 - Preexisting Condition Provision
(a) In this section, "creditable coverage" has the meaning assigned by Section 3, Article 21.52G, as added by Chapter 955, Acts of the 75th Legislature, ...
- Texas Insurance Code Section 846.203 - Treatment Of Certain Conditions As Preexisting Prohibited
(a) A multiple employer welfare arrangement may not treat genetic information as a preexisting condition described by Section 846.202 in the absence of a diagnosis ...
- Texas Insurance Code Section 846.204 - Waiting Period Permitted
Sections 846.202 and 846.203 do not preclude application of a waiting period that applies to all new participating employees under the health benefit plan in ...
- Texas Insurance Code Section 846.205 - Certain Limitations Or Exclusions Of Coverage Prohibited
(a) A multiple employer welfare arrangement's plan document may not limit or exclude, by use of a rider or amendment applicable to a specific individual, ...
- Texas Insurance Code Section 846.206 - Renewability Of Coverage; Cancellation
(a) Except as provided by Section 846.207, a multiple employer welfare arrangement shall renew the health benefit plan, at the employer's option, unless: (1) a ...
- Texas Insurance Code Section 846.207 - Refusal To Renew
(a) A multiple employer welfare arrangement may elect to refuse to renew all health benefit plans delivered or issued for delivery by the arrangement in ...
- Texas Insurance Code Section 846.208 - Notice To Covered Persons
(a) A multiple employer welfare arrangement that cancels or refuses to renew coverage under a health benefit plan under Section 846.206 or Section 846.207 shall ...
- Texas Insurance Code Section 846.209 - Written Statement Of Denial, Cancellation, Or Refusal To Renew
Denial by a multiple employer welfare arrangement of an application for coverage from an employer or cancellation of or refusal to renew must: (1) be ...
- Texas Insurance Code Section 846.251 - Participation Criteria
Participation criteria may not be based on health status related factors. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 846.252 - Coverage Requirements
(a) A multiple employer welfare arrangement: (1) may refuse to provide coverage to an employer in accordance with the arrangement's underwriting standards and criteria; (2) ...
- Texas Insurance Code Section 846.253 - Prohibition On Exclusion Of Eligible Employee Or Dependent
A multiple employer welfare arrangement may not exclude an employee who meets the participation criteria or an eligible dependent, including a late-participating employee or dependent, ...
- Texas Insurance Code Section 846.254 - Written Notice To Employees Covered
A multiple employer welfare arrangement, in connection with an employee welfare benefit plan, shall provide to each participating employee covered by the plan a written ...
- Texas Insurance Code Section 846.255 - Declining Coverage
(a) A multiple employer welfare arrangement shall obtain a written waiver from each employee who meets the participation criteria and declines coverage under a health ...
- Texas Insurance Code Section 846.256 - Minimum Contribution Or Participation Requirements
(a) A multiple employer welfare arrangement may require an employer to meet minimum contribution or participation requirements as a condition of issuance and renewal of ...
- Texas Insurance Code Section 846.257 - Enrollment; Waiting Period
(a) The initial enrollment period for employees meeting the participation criteria must be at least 31 days, with a 31-day annual open enrollment period. The ...
- Texas Insurance Code Section 846.258 - Coverage For Newborn Children
(a) A multiple employer welfare arrangement's plan document may not limit or exclude initial coverage of a newborn child of a participating employee. (b) Coverage ...
- Texas Insurance Code Section 846.259 - Coverage For Adopted Children
(a) This section applies only if children are eligible for coverage under the terms of a multiple employer welfare arrangement's plan document. (b) A multiple ...
- Texas Insurance Code Section 846.260 - Limiting Age Applicable To Unmarried Child
If children are eligible for coverage under the terms of a multiple employer welfare arrangement's plan document, any limiting age applicable to an unmarried child ...
- Texas Insurance Code Section 846.301 - Marketing Requirements
On request, each employer purchasing a health benefit plan shall be given a summary of the plans for which the employer is eligible. Added by ...
- Texas Insurance Code Section 846.302 - Additional Reporting Requirements
The department may require periodic reports by multiple employer welfare arrangements and agents regarding the health benefit plans issued by the arrangements. The reporting requirements ...
- Texas Insurance Code Section 846.303 - Applicability To Third-Party Administrator
If a multiple employer welfare arrangement enters into an agreement with a third-party administrator to provide administrative, marketing, or other services related to offering health ...
- Texas Insurance Code Section 847.001 - Short Title
This chapter may be cited as the Health Care Quality Assurance Act. Added by Acts 2005, 79th Leg., ch. 789, § 1, eff. June 17, ...
- Texas Insurance Code Section 847.002 - Legislative Findings; Purposes
The legislature finds that to ensure enrollees high quality care, many health benefit plan issuers voluntarily undergo a rigorous accreditation process conducted by nationally recognized ...
- Texas Insurance Code Section 847.003 - Definitions
In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Health benefit plan" means an individual, group, blanket, or franchise insurance policy, ...
- Texas Insurance Code Section 847.004 - Applicability Of Chapter
This chapter applies only to an entity that issues a health benefit plan and that holds a license or certificate of authority issued by the ...
- Texas Insurance Code Section 847.005 - Presumed Compliance With Certain Statutory And Regulatory Requirements
(a) A health benefit plan issuer is presumed to be in compliance with state statutory and regulatory requirements if: (1) the health benefit plan issuer ...
- Texas Insurance Code Section 847.006 - Filing Of Accreditation Report; Confidentiality Requirements
(a) The commissioner may require a health benefit plan issuer to submit to the commissioner the accreditation report issued by the national accreditation organization. (b) ...
- Texas Insurance Code Section 847.007 - Duties Of Commissioner Of Insurance
(a) In conducting an examination of a health benefit plan issuer, the commissioner: (1) shall accept the accreditation report submitted by the health benefit plan ...
- Texas Insurance Code Section 847.008 - Commission Duties
(a) The commission may require the commissioner to submit to the commission the documents reviewed by the department that substantiate the compliance of the health ...
- Texas Insurance Code Section 847.009 - Memorandum Of Understanding
The commissioner and the commission must enter into a memorandum of understanding to specify the responsibilities of the department and the commission under this chapter. ...
- Texas Insurance Code Section 847.010 - Enforcement
This chapter may not be construed to prohibit the commissioner or the commission from enforcing laws or rules relating to: (1) the operation of a ...
- Texas Insurance Code Section 861.001 - Definitions
In this chapter: (1) "General casualty company" means an accident or casualty insurance company organized or engaging in the business of insurance under this chapter. ...
- Texas Insurance Code Section 861.051 - Formation Of Company Authorized
Three or more persons, a majority of whom are residents of this state, may form a general casualty company in accordance with this chapter to ...
- Texas Insurance Code Section 861.052 - Articles Of Incorporation; Filing And Recording Requirement
(a) The articles of incorporation for a general casualty company must specify: (1) the general purpose of the company; and (2) the proposed duration of ...
- Texas Insurance Code Section 861.053 - Preliminary Officers And Directors
The incorporators shall choose from among themselves a president, a secretary, a treasurer, and at least three directors who continue in office until: (1) the ...
- Texas Insurance Code Section 861.054 - Subscription Of Stock
The incorporators shall: (1) open books for the subscription of stock in the general casualty company at the times and places the incorporators consider convenient ...
- Texas Insurance Code Section 861.055 - Organizational Meeting
(a) After receiving a certified copy of the articles of incorporation under Section 861.052, a general casualty company shall promptly call a meeting of the ...
- Texas Insurance Code Section 861.101 - Certificate Of Authority Required
A general casualty company may not engage in the business of insurance in this state without a certificate of authority issued under this chapter. Added ...
- Texas Insurance Code Section 861.102 - Issuance Of Certificate Of Authority
(a) The department shall issue a certificate of authority to a general casualty company authorizing the company to engage in the business of insurance under ...
- Texas Insurance Code Section 861.151 - Authority Of Board Of Directors
Subject to the bylaws of the company as adopted or amended by the shareholders or directors, the board of directors of a general casualty company ...
- Texas Insurance Code Section 861.152 - General Powers Of Company
A general casualty company may: (1) sue or be sued in the name of the company; (2) make or enforce contracts in relation to the ...
- Texas Insurance Code Section 861.153 - Authorized Shares
(a) A general casualty company may increase or decrease its capital stock after: (1) the intent to increase the stock is ratified by a two-thirds ...
- Texas Insurance Code Section 861.154 - Dividends
Except as authorized by Article 21.31, the directors of a general casualty company may not issue dividends. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 861.155 - Interference With Conduct Of Business Prohibited; Exceptions
A person, including the department and the commissioner, may not restrain or interfere with the conduct of business of a general casualty company, except in: ...
- Texas Insurance Code Section 861.201 - Kinds Of Insurance Authorized
(a) A general casualty company may: (1) insure a person against: (A) bodily injury, disability, or death that results from an accident; or (B) disability ...
- Texas Insurance Code Section 861.251 - Minimum Capital And Surplus
(a) A general casualty company must have at least the minimum capital and surplus applicable to casualty, fidelity, guaranty, surety, and trust companies under Sections ...
- Texas Insurance Code Section 861.252 - Security Deposit
(a) On granting of the charter to a general casualty company, the company shall deposit with the comptroller $50,000 in: (1) cash; or (2) securities ...
- Texas Insurance Code Section 861.253 - Interest On Security Deposits
(a) A general casualty company with securities on deposit under this chapter is entitled to collect the interest on the deposits as the interest becomes ...
- Texas Insurance Code Section 861.254 - Annual Statement; Filing Fee
(a) The president, vice president, and secretary of a general casualty company, or a majority of the directors or trustees of the company, shall, not ...
- Texas Insurance Code Section 861.255 - Rules Regarding Certain Assets
(a) The value of the electronic machines and systems, office equipment, furniture, other machines, and labor-saving devices specified in Section 861.254(c)(9), as determined under this ...
- Texas Insurance Code Section 861.256 - Failure To Make Deposit Or Deliver Annual Statement
(a) If a general casualty company fails to make a deposit under Section 861. 252 or to deliver an annual statement under Section 861.254 in ...
- Texas Insurance Code Section 861.257 - Examination Of Company
A general casualty company is subject to Articles 1.15 and 1.16. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 861.258 - Real Property
(a) A general casualty company is subject to Section 862.002 and may not purchase, hold, or convey real property except as authorized by that section. ...
- Texas Insurance Code Section 861.701 - Revocation Of Certificate
(a) If, as a result of an examination under Section 861.257, the commissioner determines that a general casualty company has not complied with this chapter, ...
- Texas Insurance Code Section 861.702 - Penalty
A general casualty company that violates Section 861.101 is subject to a penalty of $100 for each day the company writes new business in this ...
- Texas Insurance Code Section 861.703 - Collection Of Penalty
(a) The attorney general or a district or county attorney under the direction of the attorney general may file an action in the name of ...
- Texas Insurance Code Section 862.001 - Annual Statement
(a) Each year the president or vice president and the secretary of a fire, marine, or inland marine insurance company shall: (1) prepare under oath ...
- Texas Insurance Code Section 862.002 - Prohibitions Relating To Holding Real Property; Exceptions
(a) A fire, marine, or inland marine insurance company may not purchase, hold, or convey real property, except as provided by Subsections (b) and (c). ...
- Texas Insurance Code Section 862.003 - Admitted Assets
The value of the property of the company shown on the report as determined under Section 862.001 and the rules adopted by the commissioner adopted ...
- Texas Insurance Code Section 862.051 - Kinds Of Insurance Authorized
On filing notice of its intent with the department, an insurance company engaged in the business of insurance in this state under an appropriate certificate ...
- Texas Insurance Code Section 862.052 - Prohibitions Relating To Life Insurance And Life Insurance Companies
(a) An insurance company authorized by its charter to write fire, marine, lightning, tornado, or inland marine insurance in this state may not write life ...
- Texas Insurance Code Section 862.053 - Fire Insurance: Total Loss Of Real Property
(a) A fire insurance policy, in case of a total loss by fire of property insured, shall be held and considered to be a liquidated ...
- Texas Insurance Code Section 862.054 - Fire Insurance: Breach By Insured; Personal Property Coverage
Unless the breach or violation contributed to cause the destruction of the property, a breach or violation by the insured of a warranty, condition, or ...
- Texas Insurance Code Section 862.055 - Fire Insurance: Interest Of Mortgagee Or Trustee
(a) The interest of a mortgagee or trustee under a fire insurance contract covering property located in this state may not be invalidated by: (1) ...
- Texas Insurance Code Section 862.101 - Fire And Allied Lines Of Insurance: Authorized And Required Reinsurance
(a) In this section, "fire and allied lines of insurance" has the meaning assigned by statute, rules adopted by the commissioner, or lawful custom. (b) ...
- Texas Insurance Code Section 862.102 - Reinsurance Or Reserves Required For Fire Insurance
(a) An insurance company writing fire insurance in this state shall maintain reinsurance or unearned premium reserves on its policies in force. (b) The commissioner ...
- Texas Insurance Code Section 862.103 - Reinsurance Or Reserves Required For Home Warranty Insurance Companies
(a) An insurance company writing home warranty insurance in this state shall maintain reinsurance or unearned premium reserves on its policies in force. (b) Reserves ...
- Texas Insurance Code Section 862.104 - Reserves Required For Ocean And Inland Marine Trip Insurance Companies
The total of the premiums on ocean and inland marine trip insurance risks not terminated is considered to be unearned, and the insurance company shall ...
- Texas Insurance Code Section 862.151 - Reduction Of Capital Stock And Par Value Of Shares
(a) If the minimum surplus of a fire, marine, or inland marine insurance company is impaired in excess of the amount permitted under Section 5, ...
- Texas Insurance Code Section 862.152 - Making Good On Impairment
(a) This section applies to a fire, marine, or inland marine insurance company that receives notice from the commissioner under Section 5, Article 1.10, to ...
- Texas Insurance Code Section 862.153 - Failure Of Shareholder To Pay
(a) If a shareholder of the insurance company who is given notice under Section 862.152 does not pay the amount called for by the company ...
- Texas Insurance Code Section 862.154 - Creation And Disposal Of New Stock
(a) A fire, marine, or inland marine insurance company that complies with Sections 822.155, 822.157, and 822.158 may: (1) create new stock; (2) dispose of ...
- Texas Insurance Code Section 881.001 - Definition
In this chapter, "statewide mutual assessment company" means a corporation engaged in the statewide business of mutually protecting or insuring members' lives with money provided ...
- Texas Insurance Code Section 881.002 - Limited Exemption From Insurance Laws
(a) Except as provided by this chapter and Chapter 887, the insurance laws of this state do not apply to a statewide mutual assessment company. ...
- Texas Insurance Code Section 881.003 - Compliance With Insurance Laws
An individual, firm, unincorporated association, or corporation may not engage in business as a statewide mutual assessment company in this state unless the entity complies ...
- Texas Insurance Code Section 881.004 - Exemption From Chapter
This chapter applies only to a statewide mutual assessment company. This chapter does not apply to a company operating as a local mutual aid association, ...
- Texas Insurance Code Section 881.005 - Organization Of New Company Prohibited
A new statewide mutual assessment company may not be organized under this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 881.006 - Annual Statement
(a) For the filing of each annual statement, the department shall charge the appropriate fee. The fee must be deposited in the Texas Department of ...
- Texas Insurance Code Section 881.051 - Authority To Act As Statewide Mutual Assessment Company
A corporation may engage in business as a statewide mutual assessment company only if the corporation: (1) was incorporated in this state under a law ...
- Texas Insurance Code Section 881.052 - Applicability Of Texas Non-Profit Corporation Act
(a) Except to the extent of any conflict with this code, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies ...
- Texas Insurance Code Section 881.053 - Separate Groups, Clubs, Or Classes
A statewide mutual assessment company may provide in its by-laws for the creation of separate groups, clubs, or classes based on reasonable classifications specified in ...
- Texas Insurance Code Section 881.054 - Minimum Membership Required
A statewide mutual assessment company may not issue a certificate or policy unless the membership of the company or the group, class, or club of ...
- Texas Insurance Code Section 881.055 - Use Of Company Name
A statewide mutual assessment company may not operate an independent branch office or a separate group, club, or class under a name different from the ...
- Texas Insurance Code Section 881.056 - Issuance Of Certificate Or Policy To Separate Groups, Clubs, Or Classes
(a) A certificate or policy issued by the company to members of a group, club, or class may limit benefits under the certificate or policy ...
- Texas Insurance Code Section 881.057 - Insufficient Membership: Consolidation Or Discontinuation Of Group, Club, Or Class Or Liquidation Of Company
(a) If membership of a group, club, or class of a statewide mutual assessment company is less than the number required by Section 881.054, the ...
- Texas Insurance Code Section 881.058 - Agent
(a) A person who solicits an application for a certificate or policy providing insurance on the life of another is considered to be an agent ...
- Texas Insurance Code Section 881.101 - Types Of Certificates Or Policies Authorized
(a) A statewide mutual assessment company may issue only a certificate or policy that provides for the continuous payment of premiums or assessments during the ...
- Texas Insurance Code Section 881.102 - Maximum Benefit Under Certificate Or Policy
A statewide mutual assessment company may not issue a certificate or policy that provides a benefit that exceeds $5,000. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 881.103 - Location Of Issuance Of Certificates Or Policies
A statewide mutual assessment company may issue certificates or policies only in the home office of the company. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 881.104 - Certificate Or Policy And Application; Representations In Application
(a) An application for a certificate or policy may not be used as a defense against a claim or loss under the certificate or policy ...
- Texas Insurance Code Section 881.701 - General Criminal Penalty
(a) A person commits an offense if: (1) the person violates this chapter; or (2) the person: (A) is a corporation or a responsible officer ...
- Texas Insurance Code Section 881.702 - Enforcement By Attorney General
(a) The attorney general may enforce the penalty provided under Section 881.701 and Section 887.705 against a corporation or unincorporated association. (b) Notwithstanding Section 887.209, ...
- Texas Insurance Code Section 882.001 - Applicability Of This Chapter And Other Law
Except to the extent of any conflict with this chapter, a law governing a company organized under Chapter 841 applies to a mutual life insurance ...
- Texas Insurance Code Section 882.002 - Examination Of Company
Articles 1.15 and 1.16 apply to a mutual life insurance company organized under this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, ...
- Texas Insurance Code Section 882.003 - Annual Statement
A mutual life insurance company shall file an annual statement with the department. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 882.051 - Authority To Form Company; Purpose
A mutual life insurance company may be formed under this chapter to insure the lives of individuals on the mutual level premium and legal reserve ...
- Texas Insurance Code Section 882.052 - Formation Of Company; Articles Of Incorporation
(a) Nine or more persons who are residents of this state may form a mutual life insurance company by executing and acknowledging articles of incorporation ...
- Texas Insurance Code Section 882.053 - Company's Name
(a) The name of a mutual life insurance company must contain the words "Mutual Life Insurance Company." (b) A mutual life insurance company's name may ...
- Texas Insurance Code Section 882.054 - Initial Board Of Directors; Term
An initial director named as provided in Section 882.052 serves until: (1) the first annual election of directors; (2) the initial director's successor qualifies for ...
- Texas Insurance Code Section 882.055 - Unencumbered Surplus Requirements
A mutual life insurance company must possess at the time of incorporation unencumbered surplus in an amount of at least $200,000. The unencumbered surplus may ...
- Texas Insurance Code Section 882.056 - Application For Charter
(a) To obtain a charter for a mutual life insurance company under this chapter, the incorporators must pay the charter fee in the amount determined ...
- Texas Insurance Code Section 882.057 - Application Process
(a) After the charter fee is paid and all items required for a charter under Section 882.056 are filed with the department, the commissioner may ...
- Texas Insurance Code Section 882.058 - Action On Application
(a) In considering the application, the commissioner, not later than the 30th day after the date a hearing under Section 882.057 is completed, shall determine ...
- Texas Insurance Code Section 882.059 - Examination After Determination
After making a determination on an application under Section 882.058, the commissioner shall immediately make or cause to be made a full and thorough examination ...
- Texas Insurance Code Section 882.101 - Issuance Of Certificate Of Authority
(a) After the examination of a mutual life insurance company under Section 882.059, the commissioner shall issue a certificate of authority to the company if ...
- Texas Insurance Code Section 882.151 - Board Of Directors
(a) The board of directors of a mutual life insurance company controls the business of the company. (b) The board of directors consists of at ...
- Texas Insurance Code Section 882.152 - Adoption Of Initial Bylaws
(a) At the first meeting of the initial board of directors of a mutual life insurance company after the department issues a certificate of authority ...
- Texas Insurance Code Section 882.153 - Annual Meeting
(a) Except as provided by Subsection (b), after a mutual life insurance company is issued a certificate of authority under Section 882.101, the company shall ...
- Texas Insurance Code Section 882.154 - Staggered Terms For Large Board Of Directors
(a) This section applies only to a mutual life insurance company whose board of directors consists of at least nine members. (b) The bylaws of ...
- Texas Insurance Code Section 882.155 - Voting By Policyholders
(a) At an annual or special meeting of a mutual life insurance company, each policyholder is entitled to one vote for each $500 of insurance ...
- Texas Insurance Code Section 882.156 - Officers
(a) The board of directors of a mutual life insurance company shall elect the following officers for the company: (1) a president; (2) the number ...
- Texas Insurance Code Section 882.157 - Officer Bonds
The president, secretary, and treasurer of a mutual life insurance company shall each provide a bond for the protection of the company's policyholders: (1) in ...
- Texas Insurance Code Section 882.158 - Bylaws Must Comply With Law
The bylaws of a mutual life insurance company may not be inconsistent with this chapter or other laws of this state. Added by Acts 2001, ...
- Texas Insurance Code Section 882.201 - Applicability Of Subchapter
This subchapter does not apply to a mutual life insurance company organized under this chapter that has a surplus of at least the minimum amount ...
- Texas Insurance Code Section 882.202 - Issuance Of License To Agent
On written request of a mutual life insurance company to which a certificate of authority has been issued under this chapter, the department shall issue ...
- Texas Insurance Code Section 882.203 - Limitation On Agent Compensation
A contract between a mutual life insurance company and an agent of the company to which a license has been issued under Section 882.202 may ...
- Texas Insurance Code Section 882.251 - Limited Authority To Borrow Money
(a) Except as provided by this subchapter, a mutual life insurance company may not borrow money for any purpose other than to pay a death ...
- Texas Insurance Code Section 882.252 - Investment Of Money
(a) A mutual life insurance company shall invest the company's money in accordance with the law governing investments of life, health, and accident insurance companies ...
- Texas Insurance Code Section 882.253 - Loans To Company
(a) An officer or director of a mutual life insurance company, or a person authorized under Chapter 825, may loan to the company money to: ...
- Texas Insurance Code Section 882.301 - Amount Of Unencumbered Surplus
(a) A mutual life insurance company that engages in the business of insurance in this state shall maintain an unencumbered surplus of at least $100,000 ...
- Texas Insurance Code Section 882.302 - Exemption For Certain Companies
A mutual life insurance company that was authorized and engaged in the business of insurance in this state before May 1, 1955, is not required ...
- Texas Insurance Code -
§ 882.303. UNENCUMBERED SURPLUS LESS THAN $25,000. A mutual life insurance company whose unencumbered surplus is less than $25,000 shall allocate at least ...
- Texas Insurance Code Section 882.304 - Investment Of Excess Unencumbered Surplus
A mutual life insurance company that is granted a charter under this chapter may invest that part of the company's unencumbered surplus that exceeds $100,000 ...
- Texas Insurance Code Section 882.305 - Impairment Of Unencumbered Surplus
(a) If one-third or more of a mutual life insurance company's unencumbered surplus as required by Section 882.301 is impaired, the company shall correct the ...
- Texas Insurance Code Section 882.306 - Impairment Of Unencumbered Surplus; Appointment Of Receiver
(a) If one-half or more of a mutual life insurance company's unencumbered surplus as required by Section 882.301 is impaired, the commissioner may apply to ...
- Texas Insurance Code Section 882.351 - Policyholder's Entitlement To Dividend
A policyholder of a mutual life insurance company is entitled to a credit or payment of a dividend from that part of the company's divisible ...
- Texas Insurance Code Section 882.352 - Accounting And Procedure For Allocation Of Divisible Surplus; Report To Commissioner
(a) On December 31 of each year, or as soon after as practicable, each mutual life insurance company shall determine the amount of surplus earned ...
- Texas Insurance Code Section 882.353 - Department Approval Of Allocation; Revisions
(a) The department shall approve a mutual life insurance company's allocation of divisible surplus under Section 882.352 if the department finds that the allocation is ...
- Texas Insurance Code Section 882.354 - Dividend Payment Method
(a) A dividend declared by a mutual life insurance company under this subchapter shall be paid in: (1) cash; or (2) the equivalent of the ...
- Texas Insurance Code Section 882.355 - Limitations On Divisible Surplus
A mutual life insurance company's divisible surplus available for payment of dividends to the company's policyholders may not include: (1) any part of the company's ...
- Texas Insurance Code Section 882.356 - Payment Of Dividends Not Required
This subchapter does not require a mutual life insurance company to pay a dividend to a policyholder if the unencumbered surplus acquired by the company ...
- Texas Insurance Code Section 882.401 - Amount Of Contingency Reserve
(a) A mutual life insurance company organized under this chapter may maintain a contingency reserve that exceeds the reserves and liabilities provided by this chapter. ...
- Texas Insurance Code Section 882.402 - Excess Contingency Reserve
(a) The commissioner, for good cause shown, may issue an order authorizing a mutual life insurance company to maintain a contingency reserve that exceeds the ...
- Texas Insurance Code Section 882.403 - Contingency Reserve Requirements
(a) A mutual life insurance company's contingency reserve as authorized by this subchapter must be: (1) invested as provided by law; and (2) used only ...
- Texas Insurance Code Section 882.404 - Allocation Of Contingency Reserve To Unencumbered Surplus
If a mutual life insurance company's unencumbered surplus is less than $100,000, the company may allocate any part of the company's contingency reserve to the ...
- Texas Insurance Code Section 882.405 - Designation Of Contingency Reserve As Unassigned Surplus
The contingency reserve described by this subchapter is and may be treated as unassigned surplus, including designating the contingency reserve as unassigned surplus in financial ...
- Texas Insurance Code Section 882.451 - Applicability Of Certain Provisions
Sections 882.452, 882. 453, and 882.454 do not apply to a mutual life insurance company organized under this chapter that has a surplus of at ...
- Texas Insurance Code Section 882.452 - Type Of Policy Authorized
A mutual life insurance company may issue a policy only on the participating plan with dividends payable annually as provided by Subchapter H. Added by ...
- Texas Insurance Code Section 882.453 - Policy Form
An insurance policy issued by a mutual life insurance company must: (1) be on a form approved by the department; and (2) contain the following ...
- Texas Insurance Code Section 882.454 - Limitation On Amount Of Policy Value For Certain Companies
If the total amount of a mutual life insurance company's insurance in force is less than $10 million, the company may not issue a policy ...
- Texas Insurance Code Section 882.455 - Table Of Guaranteed Values
(a) Each insurance policy issued by a mutual life insurance company must contain a table of guaranteed values. The guaranteed values become nonforfeitable not later ...
- Texas Insurance Code Section 882.501 - Total Assumption Reinsurance Agreements Between Life Insurance Companies
(a) A domestic mutual life insurance company and any other domestic or foreign life insurance company may enter into a total assumption reinsurance agreement if ...
- Texas Insurance Code Section 882.551 - Applicability Of Subchapter
This subchapter applies only to a merger or consolidation in which at least one of the parties to the transaction is a mutual life insurance ...
- Texas Insurance Code Section 882.552 - Authority To Merge Or Consolidate
A domestic or foreign mutual life insurance company may merge with a domestic or foreign mutual or stock legal reserve life insurance company or consolidate ...
- Texas Insurance Code Section 882.553 - Proposed Plan Of Merger Or Consolidation; Filing With Commissioner
(a) If the boards of directors of at least two life insurance companies determine by majority vote to merge or consolidate, the boards of directors ...
- Texas Insurance Code Section 882.554 - Hearing On Plan
As soon as practicable after a proposed plan is filed with the commissioner, the commissioner shall hold a hearing to determine whether to approve the ...
- Texas Insurance Code Section 882.555 - Commissioner Determination On Plan
(a) As soon as practicable after the commissioner holds a hearing on a proposed plan under Section 882.554, the commissioner shall approve the plan unless ...
- Texas Insurance Code Section 882.556 - Approval Of Plan By Policyholders
(a) As soon as practicable after receiving from the commissioner notice of approval of a proposed plan under Section 882.555, the board of directors of ...
- Texas Insurance Code Section 882.557 - Domestic Stock Life Insurance Company; Approval Of Plan By Shareholders
On notice of approval of a proposed plan under Section 882.555, the board of directors of each domestic stock life insurance company that is a ...
- Texas Insurance Code Section 882.558 - Foreign Life Insurance Company; Approval Of Plan By Policyholders Or Shareholders
On notice of approval of a proposed plan under Section 882.555, the board of directors of each foreign life insurance company that is a party ...
- Texas Insurance Code Section 882.559 - Filing Of Affidavit Of Plan Approval; Issuance Of Certificate Of Merger Or Consolidation
(a) On the approval of a proposed plan under Section 882.556, 882.557, or 882.558, the president or a vice president and the secretary or an ...
- Texas Insurance Code Section 882.560 - Effective Date Of Merger Or Consolidation
A merger or consolidation takes effect on the later of: (1) the date of issuance of the certificate of merger or consolidation; or (2) a ...
- Texas Insurance Code Section 882.561 - Assumption Of Outstanding Insurance Policies
(a) On the effective date of a merger or consolidation under this subchapter, a new or surviving life insurance company resulting from the merger or ...
- Texas Insurance Code Section 882.562 - Assumption Of Liabilities
On the effective date of a merger or consolidation under this subchapter, a new or surviving life insurance company resulting from the merger or consolidation ...
- Texas Insurance Code Section 882.563 - Effect Of Merger Or Consolidation On Property
On the effective date of a merger or consolidation under this subchapter, the property rights, including any right of recovery, of each company that is ...
- Texas Insurance Code Section 882.564 - Effect Of Merger Or Consolidation On Certain Investments
(a) This section applies to each investment of an affected life insurance company, including an investment in real property, that: (1) was authorized as a ...
- Texas Insurance Code Section 882.565 - Effect Of Merger Or Consolidation On Divisible Surplus
(a) This section applies only to a mutual life insurance company that is a new company or the surviving company resulting from a merger or ...
- Texas Insurance Code Section 882.566 - Effect On Antitrust Laws
This subchapter does not affect in any manner the antitrust laws of this state. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. ...
- Texas Insurance Code Section 882.601 - Authority To Convert To Stock Legal Reserve Life Insurance Company; Policyholder Authorization Required
A mutual life insurance company organized under this chapter may convert to a stock legal reserve life insurance company as provided by this subchapter only ...
- Texas Insurance Code Section 882.602 - Amendment To Charter Or Articles Of Incorporation Required
If the policyholders of a mutual life insurance company authorize a conversion under Section 882.601, the board of directors and officers of the company shall ...
- Texas Insurance Code Section 882.603 - Capital And Surplus Requirements
(a) The capital and surplus of the converted stock legal reserve life insurance company must be at least equal to the minimum capital and surplus ...
- Texas Insurance Code Section 882.604 - Hearing
(a) After public notice, the commissioner shall hold a hearing on a conversion authorized under Section 882.601. (b) Any policyholder of the mutual life insurance ...
- Texas Insurance Code Section 882.605 - Conversion On Commissioner Approval
A mutual life insurance company is converted to a stock legal reserve life insurance company if: (1) the company complies with this subchapter; and (2) ...
- Texas Insurance Code Section 882.606 - Applicable Law After Conversion
After a mutual life insurance company is converted to a stock legal reserve life insurance company, the converted company is governed in the same manner ...
- Texas Insurance Code Section 882.607 - Other Types Of Conversion Not Prohibited
This subchapter does not prohibit a mutual life insurance company from converting to a stock legal reserve life insurance company by: (1) merger or consolidation; ...
- Texas Insurance Code Section 882.651 - Authority To Convert
A mutual assessment company or association organized and operating under the laws of this state on May 17, 1943, may convert to a mutual life ...
- Texas Insurance Code Section 882.652 - Voluntary Conversion
The department may not require a mutual assessment company or association to convert to a mutual life insurance company under this subchapter. Added by Acts ...
- Texas Insurance Code Section 882.653 - Conversion Requirements
Except as provided by Section 882. 654, a mutual assessment company or association may convert to a mutual life insurance company only if the company ...
- Texas Insurance Code Section 882.654 - Exemption From Surplus Requirements
(a) A mutual assessment company or association is exempt from the surplus requirements of Section 882.653 if the company or association: (1) possesses an unencumbered ...
- Texas Insurance Code Section 882.655 - Applicable Law After Conversion
After a mutual assessment company or association is converted to a mutual life insurance company, the converted company is governed by this chapter. Added by ...
- Texas Insurance Code Section 882.701 - Applicability Of Subchapter
This subchapter does not apply to a mutual life insurance company organized under this chapter that has a surplus of at least the minimum amount ...
- Texas Insurance Code Section 882.702 - Investment And Deposit Of Funds; Criminal Penalty
(a) A person commits an offense if the person is an officer or director of a mutual life insurance company and the person knowingly or ...
- Texas Insurance Code Section 882.703 - Policy Form; Revocation Of Certificate
The department shall revoke the certificate of authority of a mutual life insurance company that issues a policy on a form that has not been ...
- Texas Insurance Code Section 882.751 - Authority To Convert
A mutual life insurance company organized or operating under this chapter may convert by forming an insurance holding company based on a mutual plan and ...
- Texas Insurance Code Section 882.752 - Application Of Other Law
Except to the extent of a conflict with this subchapter, Chapter 826 applies to conversion of a mutual life insurance company under this subchapter. Added ...
- Texas Insurance Code Section 882.753 - Jurisdiction Of Commissioner
The commissioner retains jurisdiction over a company that converts under this subchapter. Added by Acts 2005, 79th Leg., ch. 82, § 1, eff. Sept. 1, ...
- Texas Insurance Code Section 882.754 - Incorporation Requirements
A mutual insurance holding company that results from a conversion under this subchapter must be incorporated under and subject to this chapter and Chapter 22, ...
- Texas Insurance Code Section 882.7545 - Incorporation Requirements: Temporary Provision
Text of section effective until January 1, 2010 Notwithstanding Section 882.754, a mutual insurance holding company that results from a conversion under this subchapter ...
- Texas Insurance Code Section 882.755 - Articles Of Incorporation
The articles of incorporation of a mutual insurance holding company that results from a conversion under this subchapter, and any amendments to the articles of ...
- Texas Insurance Code Section 882.756 - Sale Of Securities
(a) A sale, issuance, or offering of securities under this subchapter is exempt from the registration and licensing provisions of The Securities Act (Article 581-1 ...
- Texas Insurance Code Section 883.001 - Definitions
In this chapter: (1) "Domestic mutual insurance company" means a mutual insurance company organized under this chapter. (2) "Foreign mutual insurance company" means a mutual ...
- Texas Insurance Code Section 883.002 - Applicability Of Certain General Laws
(a) Except as otherwise provided by law, domestic and foreign mutual insurance companies organized or operating under this chapter are subject to the laws applicable ...
- Texas Insurance Code Section 883.003 - Applicability Of Texas Non-Profit Corporation Act
Except to the extent of any conflict with this code, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to ...
- Texas Insurance Code Section 883.051 - Formation Of Company
(a) Twenty or more persons, a majority of whom are residents of this state, may incorporate in accordance with this chapter to engage in the ...
- Texas Insurance Code Section 883.052 - Articles Of Incorporation
Articles of incorporation of a proposed mutual insurance company must specify: (1) the name of the company; (2) the purpose for which the company is ...
- Texas Insurance Code Section 883.053 - Company's Name
(a) The name of a mutual insurance company must contain the word "mutual." (b) A mutual insurance company's name may not be so similar to ...
- Texas Insurance Code Section 883.054 - Location Of Principal Or Home Office
The principal or home office of a mutual insurance company must be located in this state. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 883.055 - Beginning Of Corporate Existence
The corporate existence of a mutual insurance company begins on the date on which the commissioner issues a certificate of authority to the company. Added ...
- Texas Insurance Code Section 883.056 - Board Of Directors
(a) The board of directors named in a mutual insurance company's articles of incorporation shall manage the company until the initial meeting of the members ...
- Texas Insurance Code Section 883.057 - Membership Of Public Or Private Entities In Company Authorized
(a) Any public or private corporation, board, association, or estate may make an application for, enter into an agreement for, or hold a policy in ...
- Texas Insurance Code Section 883.058 - Membership Votes
Each member of a mutual insurance company is entitled to one vote on each matter submitted to a vote unless a different number of votes ...
- Texas Insurance Code Section 883.101 - Mutual Insurance Business
Mutual insurance of any kind may not be written in this state except as authorized by this chapter or any other law. Added by Acts ...
- Texas Insurance Code Section 883.102 - Charter And Certificate Of Authority Required
A domestic mutual insurance company may not engage in the business of insurance until: (1) the company obtains a charter as provided by Chapter 822; ...
- Texas Insurance Code Section 883.103 - Authorization Of Foreign Mutual Insurance Company To Engage In Business
(a) The department shall authorize a foreign mutual insurance company to write the kinds of insurance authorized by the company's charter or articles of incorporation ...
- Texas Insurance Code Section 883.151 - Authority To Write Certain Insurance
A domestic mutual insurance company may write any kind of insurance that may be lawfully written in this state, other than life insurance. Added by ...
- Texas Insurance Code Section 883.152 - Prior Authority Not Affected
This chapter does not affect any authority that existed before September 6, 1955, that allowed mutual insurance companies to write non-assessable policies in this state, ...
- Texas Insurance Code Section 883.153 - Policy Rates
A mutual insurance company operating under this chapter shall charge the insurance rates prescribed by the commissioner and is subject to the same rate requirements ...
- Texas Insurance Code Section 883.154 - Maximum Premiums
(a) The maximum premium of an insurance policy issued by a domestic mutual insurance company must be stated in the policy. (b) A policy's maximum ...
- Texas Insurance Code Section 883.155 - Issuance Of Policy For Cash Premium Only
(a) A domestic mutual insurance company may not issue an insurance policy for a cash premium only unless: (1) the company possesses surplus above all ...
- Texas Insurance Code Section 883.156 - Assessment On Policyholders
(a) A policyholder is not liable for an assessment imposed on a policy issued by a mutual insurance company with approval of the commissioner under ...
- Texas Insurance Code Section 883.157 - Reinsurance Of Policy
(a) Subject to Subsection (c), a mutual insurance company authorized to engage in the business of insurance in this state may enter into an agreement ...
- Texas Insurance Code Section 883.158 - Requirements For Companies Writing Bonds
A mutual insurance company qualifying to write bonds under this chapter is subject to the same legal requirements as any other insurance company writing bonds ...
- Texas Insurance Code Section 883.159 - Necessary Or Incidental Powers
A domestic mutual insurance company has such powers as are necessary or incidental to the transaction of its business. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 883.160 - Rights And Privileges Of Certain Companies Retained
A mutual insurance company engaged in business under Chapters 5, 9, 12, 13, 14, and 15, Title 78, Revised Statutes, before their repeal by Section ...
- Texas Insurance Code Section 883.161 - Dividends
On advance approval of the commissioner, a mutual insurance company may pay dividends to its members. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 883.162 - Loans To Company
(a) A person, including a director, officer, or member of a mutual insurance company, may loan to the company money necessary: (1) for the company ...
- Texas Insurance Code Section 883.163 - Immediate Notification When Assets Are Insufficient; Examination
The president and the secretary of a mutual insurance company operating under the law providing for the incorporation of mutual fire, lightning, hail, and storm ...
- Texas Insurance Code Section 883.201 - Surplus Requirements
A domestic mutual insurance company must possess a surplus over and above all liabilities in an amount equal to the minimum capital stock and surplus ...
- Texas Insurance Code Section 883.202 - Required Deposit For Companies Writing Bonds
(a) A domestic mutual insurance company that writes fidelity and surety bond coverage shall maintain on deposit with the comptroller cash or securities of the ...
- Texas Insurance Code Section 883.203 - Reserves
(a) A domestic mutual insurance company shall maintain unearned premiums and other reserves separately for each kind of insurance. The reserves must be maintained on ...
- Texas Insurance Code Section 883.204 - Annual Report
(a) Domestic and foreign mutual insurance companies organized or operating under this chapter shall submit to the commissioner an annual report in the form required ...
- Texas Insurance Code Section 883.205 - Examination Of Foreign Mutual Insurance Company
To the extent practicable, an examination of a foreign mutual insurance company must be conducted in cooperation with the insurance departments of other states in ...
- Texas Insurance Code Section 883.206 - Fees
Each domestic or foreign mutual insurance company organized or operating under this chapter is subject to a fee imposed by law on a stock insurance ...
- Texas Insurance Code Section 883.207 - Premium Tax
Each domestic or foreign mutual insurance company organized or operating under this chapter is subject to taxes imposed by law on that company. The company ...
- Texas Insurance Code Section 883.701 - Violation Of Chapter
(a) Except as otherwise provided by this subchapter, a person or corporation commits an offense if the person or corporation violates this chapter. (b) An ...
- Texas Insurance Code Section 883.702 - Failure To Report Condition
(a) A person commits an offense if the person is a president or secretary described by Section 883.163 and the person fails to make the ...
- Texas Insurance Code Section 883.703 - False Statement Or Misappropriation
(a) A person commits an offense if the person intentionally submits a false statement or misappropriates the funds of a mutual insurance company organized under ...
- Texas Insurance Code Section 883.704 - Unauthorized Mutual Fire Insurance
(a) A person commits an offense if the person engages in the business of mutual fire insurance in this state in violation of the laws ...
- Texas Insurance Code Section 884.001 - Definition
In this chapter, "stipulated premium company" means a: (1) stipulated premium life insurance company; (2) stipulated premium accident insurance company; (3) stipulated premium life and ...
- Texas Insurance Code Section 884.002 - Applicability Of Other Law To Company
(a) Except as expressly provided by this code, a provision of this code, other than this chapter, does not apply to a stipulated premium company ...
- Texas Insurance Code Section 884.003 - Admitted Assets
A stipulated premium insurer may include among its admitted assets a net asset under Section 841.004. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 884.051 - Formation Of Company
(a) Five or more, but not more than 35, residents of this state may form a stipulated premium company. (b) To form a stipulated premium ...
- Texas Insurance Code Section 884.052 - Articles Of Incorporation
(a) Articles of incorporation of a stipulated premium company must specify: (1) the name and place of residence of each incorporator; (2) the name of ...
- Texas Insurance Code Section 884.053 - Company's Name
(a) The name of a stipulated premium company must contain the words "Insurance Company." (b) A stipulated premium company's name may not be so similar ...
- Texas Insurance Code Section 884.054 - Capital Stock And Surplus Requirements
(a) A proposed stipulated premium company's capital stock must be in an amount of at least $15,000. (b) All of the capital stock required by ...
- Texas Insurance Code Section 884.055 - Shares Of Stock
(a) The shares of stock of a stipulated premium company must have a par value of not less than $1 or more than $100. (b) ...
- Texas Insurance Code Section 884.056 - Application For Charter
(a) To obtain a charter for a stipulated premium company under this chapter, the incorporators must pay a charter fee in an amount determined under ...
- Texas Insurance Code Section 884.057 - Action By Commissioner And Department After Filing
(a) After the charter fee is paid and all items required for a charter under Section 884.056 are filed with the department: (1) the commissioner ...
- Texas Insurance Code Section 884.058 - Application Process
(a) The date for a hearing on an application may not be before the 11th or later than the 30th day after the date notice ...
- Texas Insurance Code Section 884.059 - Action On Application
(a) In considering the application, the commissioner, not later than the 30th day after the date on which a hearing under Section 884.058 is completed, ...
- Texas Insurance Code Section 884.060 - Beginning Of Corporate Existence
On receipt of the certified copy of documents under Section 884.059(c), the stipulated premium company becomes a body politic and corporate and the incorporators may ...
- Texas Insurance Code Section 884.061 - Organizational Meeting
(a) After receipt of the certified copy of documents under Section 884.059(c), the incorporators shall promptly call a meeting of the stipulated premium company's shareholders. ...
- Texas Insurance Code Section 884.101 - Schedule Of Assets
Two or more officers of the stipulated premium company shall execute and file with the department: (1) a sworn schedule of each of the assets ...
- Texas Insurance Code Section 884.102 - Temporary Certificate Of Authority
(a) If the commissioner makes a determination favorable to the applicants on all issues under Section 884.059(a), the department, on compliance with the requirements of ...
- Texas Insurance Code Section 884.103 - Regular Certificate Of Authority
(a) If a direct reinsurance agreement described by Section 884.102(a) is entered into while the temporary certificate of authority is valid, the department shall promptly ...
- Texas Insurance Code Section 884.151 - Conducting Shareholders' Meeting
(a) At a meeting of a stipulated premium company's shareholders, each shareholder is entitled to one vote for each fully paid share of stock appearing ...
- Texas Insurance Code Section 884.152 - Board Of Directors
(a) Subject to the bylaws of the stipulated premium company, as adopted or amended by the shareholders or directors, the board of directors has full ...
- Texas Insurance Code Section 884.153 - Election Of Directors
(a) On the second Tuesday of April of each year the shareholders of a stipulated premium company shall meet at the company's home office and ...
- Texas Insurance Code Section 884.154 - Officers
(a) A stipulated premium company's directors shall choose one of the directors to serve as the company's president. (b) Other officers of the stipulated premium ...
- Texas Insurance Code Section 884.155 - Amendment Of Charter Or Articles
(a) The shareholders of a stipulated premium company by resolution may amend the company's charter or articles of incorporation at any shareholders' meeting. (b) The ...
- Texas Insurance Code Section 884.201 - Form Of Capital And Surplus
After a charter is granted under this chapter, the stipulated premium company: (1) shall maintain the company's minimum capital at all times in a form ...
- Texas Insurance Code Section 884.202 - Increase Or Decrease Of Capital Stock
(a) At any shareholders' meeting, shareholders of a stipulated premium company whose cumulative stock ownership represents a majority of the capital stock of the company ...
- Texas Insurance Code Section 884.203 - Public Offering Of Capital Stock
A stipulated premium company may not make to the public an offering that is subject to The Securities Act (Article 581-1 et seq., Vernon's Texas ...
- Texas Insurance Code Section 884.204 - Company's Repurchase Of Stock
(a) Subject to Section 884.202, a stipulated premium company may purchase in the name of the company outstanding shares of the company's capital stock as ...
- Texas Insurance Code Section 884.205 - Impairment Of Capital Stock
(a) If, when computing the liabilities of a stipulated premium company under this chapter, one-third or more of the company's capital stock becomes impaired, the ...
- Texas Insurance Code Section 884.206 - Commissioner May Require Larger Capital And Surplus Amounts
(a) The commissioner by rule may require a stipulated premium company that writes or assumes life insurance, annuity contracts, or accident and health insurance for ...
- Texas Insurance Code Section 884.207 - New Business Prohibited When Capital Requirements Not Satisfied
(a) A stipulated premium company may not write new business in this state unless the company possesses the minimum capital required under this chapter. (b) ...
- Texas Insurance Code Section 884.251 - Deposit Of Company's Funds
(a) A director, member of a committee, officer, or clerk of a stipulated premium company who has the duty of handling or investing the company's ...
- Texas Insurance Code Section 884.252 - Payments To Officers, Directors, And Employees
(a) Unless first authorized by a vote of a stipulated premium company's board of directors or a committee of the board that has the duty ...
- Texas Insurance Code Section 884.253 - Dividends
(a) A stipulated premium company may declare or pay a dividend to its shareholders only from the profits made by the company, not including surplus ...
- Texas Insurance Code Section 884.254 - Transfer Of Stock
(a) A stipulated premium company's shares of stock are transferable on the company's books, in accordance with law and the bylaws of the company, by ...
- Texas Insurance Code Section 884.255 - Use Of Certain Terms In Advertising
A stipulated premium company may not use in its advertising or representation of a policy the words "legal reserve company," "stock company," "old line legal ...
- Texas Insurance Code Section 884.256 - Annual Statement; Filing Fee
(a) Except as provided by Section 884.406, not later than March 31 of each year a stipulated premium company shall: (1) prepare a statement showing ...
- Texas Insurance Code Section 884.301 - Reinsurance Of Policy
(a) A stipulated premium company may reinsure on an individual indemnity policy basis any risk or part of a risk that the company underwrites or ...
- Texas Insurance Code Section 884.302 - Limits On Life Insurance
(a) Until the amount of the surplus of a stipulated premium company is at least $50,000, the company may not insure one life for more ...
- Texas Insurance Code Section 884.303 - Issuance Of Life Insurance Policies By Certain Companies
(a) A stipulated premium company that possesses capital and unencumbered surplus in a combined amount of at least $100,000 may issue life insurance policies as ...
- Texas Insurance Code -
§ 884.304. LIFE INSURANCE OF MORE THAN $15,000. (a) Except as provided by this section, a stipulated premium company may not assume liability ...
- Texas Insurance Code Section 884.305 - Premiums On Life Insurance Policies
The premiums charged on a life insurance policy issued by a stipulated premium company may not be less than the renewal net premium computed under ...
- Texas Insurance Code Section 884.306 - Life Insurance Contract
A life insurance policy issued by a stipulated premium company constitutes the entire contract, except that if a copy of the application for the policy ...
- Texas Insurance Code Section 884.307 - Issuance Of Annuity Contract
(a) A stipulated premium company that possesses capital and unencumbered surplus in a combined amount of at least $100,000 more than all of its liabilities, ...
- Texas Insurance Code Section 884.308 - Limits On Amount Of Accident And Health Insurance Policies
(a) A stipulated premium company may not assume liability on or indemnify one person for any risk under one or more accident, health, or hospitalization ...
- Texas Insurance Code Section 884.309 - Adjustment Of Premiums
(a) The board of directors of a stipulated premium company by resolution may, subject to this chapter, increase or otherwise adjust a rate of premium ...
- Texas Insurance Code Section 884.310 - Agent
Each agent of a stipulated premium company must be licensed under Subchapter A, Chapter 21. Added by Acts 2001, 77th Leg., ch. 1419, § 1, ...
- Texas Insurance Code Section 884.311 - Law Governing Investments; Election
(a) A stipulated premium insurance company issuing life, health, or accident coverages or maintaining policies in force that were issued in accordance with Subchapter I ...
- Texas Insurance Code Section 884.351 - General Requirements For Policy And Application Forms
(a) Each stipulated premium company policy or application form must contain on its face immediately after the name of the company "A Stipulated Premium Company." ...
- Texas Insurance Code Section 884.352 - Requirements For Accident, Health, And Hospitalization Insurance Policies
An accident, health, or hospitalization insurance policy issued, reinsured, or assumed by a stipulated premium company must contain a premium redetermination clause that permits the ...
- Texas Insurance Code Section 884.353 - Life Insurance Application Forms
(a) An application for a life insurance policy issued by a stipulated premium company must be signed by the applicant. If the applicant is a ...
- Texas Insurance Code Section 884.354 - Life Insurance Policy Forms; Incontestability
(a) Each life insurance policy issued by a stipulated premium company must state on the front page: (1) the amount of death benefit to be ...
- Texas Insurance Code Section 884.355 - Designation Of Beneficiaries
The designation of a beneficiary under a life insurance policy issued by a stipulated premium company must comply with Subchapter B, Chapter 1103, and Subchapter ...
- Texas Insurance Code Section 884.356 - Life Insurance Benefit Reductions Or Increases
(a) A life insurance policy may provide for reduced benefits if the insured: (1) dies or is injured while engaged in: (A) military, naval, or ...
- Texas Insurance Code Section 884.357 - Form Approval
The approval of a form of an insurance policy issued by a stipulated premium company is governed by Article 3.42. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 884.401 - Authority Cumulative
The authority provided by this subchapter is in addition to the authority provided by this chapter for the issuance of other insurance coverage. Added by ...
- Texas Insurance Code Section 884.402 - Additional Coverage
A stipulated premium company that, at the time it begins to issue coverages under this subchapter, possesses the amounts of capital and unencumbered surplus equal ...
- Texas Insurance Code Section 884.403 - Policy Requirements
(a) A policy issued under Section 884. 402(1) or (2) must be reserved and must comply with the law, including rules, applicable to a policy ...
- Texas Insurance Code Section 884.404 - Capital And Surplus Requirements
(a) A stipulated premium company that issues any insurance coverage under this subchapter shall maintain at all times the capital and unencumbered surplus required when ...
- Texas Insurance Code Section 884.405 - Agent; License
(a) An agent may not solicit or write any coverage authorized by this subchapter unless the agent: (1) holds a license issued under Chapter 213, ...
- Texas Insurance Code Section 884.406 - Annual Statement
A stipulated premium company that issues or maintains in force policies under this subchapter shall file the annual statement required by Section 884.256 not later ...
- Texas Insurance Code Section 884.407 - Relationship Of Subchapter To Other Provisions Of Chapter
(a) Section 884.305 and Subchapter J do not apply to a policy issued under this subchapter. (b) The provisions of Sections 884.309 and 884.351 relating ...
- Texas Insurance Code Section 884.408 - Implementation Of Subchapter
The commissioner shall adopt reasonable rules to implement this subchapter, including: (1) rules adopting mortality and reserving tables required by Sections 884.403(b)(1) and (3); and ...
- Texas Insurance Code Section 884.451 - Reserves On Individual And Group Life Insurance Policies
(a) A stipulated premium company shall maintain reserves on each of its individual life insurance policies in accordance with the reserve standard adopted by the ...
- Texas Insurance Code Section 884.452 - Reserves On Accident And Health Insurance Policies
A stipulated premium company shall maintain reserves on each accident and health insurance policy issued by the company in the manner required of a company ...
- Texas Insurance Code Section 884.453 - Deficiency Reserve
(a) On the effective date of a direct reinsurance agreement under Subchapter L, the stipulated premium company shall compute: (1) the amount of the reserves ...
- Texas Insurance Code Section 884.454 - Commissioner's Computation Of Reserve Liability
(a) As soon as practical each year, the department shall compute the reserve liability of each stipulated premium company that has outstanding insurance policies. (b) ...
- Texas Insurance Code Section 884.455 - Required Securities
The commissioner shall require that a stipulated premium company have securities of the class and character required by Article 3.39 in the amount of the ...
- Texas Insurance Code Section 884.456 - Increase Of Reserves
(a) If a stipulated premium company does not have the reserves required by this subchapter and the minimum capital required under this chapter, the company's ...
- Texas Insurance Code Section 884.501 - Direct Reinsurance Agreements Between Stipulated Premium Companies
(a) Stipulated premium companies organized under this chapter may enter into a total or partial direct reinsurance agreement if the company assuming the policies under ...
- Texas Insurance Code Section 884.502 - Direct Reinsurance Agreement With Legal Reserve Company
(a) A stipulated premium company may enter into a total or partial direct reinsurance agreement with a legal reserve life insurance company authorized to engage ...
- Texas Insurance Code Section 884.503 - Direct Reinsurance Of Accident Or Health Insurance Policies
(a) In the direct reinsurance of a stipulated premium accident or health insurance policy under Section 884.502, the company assuming the policy under the agreement ...
- Texas Insurance Code Section 884.504 - Direct Reinsurance Of Certain Policies
(a) A reinsurance agreement authorized by Section 884.502 for the direct reinsurance of life insurance policies or a combination of life and accident or health ...
- Texas Insurance Code Section 884.505 - Effect Of Total Direct Reinsurance Agreement
(a) A stipulated premium company that enters into a total direct reinsurance agreement under Section 884.501 or 884.502 under which it is the ceding company ...
- Texas Insurance Code Section 884.506 - Assumption Certificate
The company assuming a policy under a partial direct reinsurance agreement shall issue to the holder of the assumed policy an assumption certificate to be ...
- Texas Insurance Code Section 884.551 - Definitions
In this subchapter: (1) "Mutual assessment company" means any entity regulated under Chapter 887 or 888. (2) "Net assets" means a company's funds that are ...
- Texas Insurance Code Section 884.552 - Authority To Contract
A mutual assessment company may enter into a direct reinsurance agreement with a stipulated premium company in accordance with this subchapter. Added by Acts 2001, ...
- Texas Insurance Code Section 884.553 - Reinsurance Agreement
(a) A reinsurance agreement under this subchapter must provide that the stipulated premium company is to assume the policies of the mutual assessment company. (b) ...
- Texas Insurance Code Section 884.554 - Approval By Department
(a) A mutual assessment company's board of directors may determine by a majority vote to submit a proposed direct reinsurance agreement to the members of ...
- Texas Insurance Code Section 884.555 - Members Meeting; Notice
(a) After the department approves a proposed direct reinsurance agreement, the board of directors of the mutual assessment company shall: (1) call a meeting of ...
- Texas Insurance Code Section 884.556 - Members Meeting; Procedures
(a) In a meeting called under Section 884.555, a member may vote in person, by proxy to whomever the member designates, or by mail. (b) ...
- Texas Insurance Code Section 884.557 - Submission Of Meeting Facts To Department
Not later than the 90th day after the date of the meeting of the members, all facts relating to the meeting, including the accounting of ...
- Texas Insurance Code Section 884.558 - Effective Date Of Agreement
A direct reinsurance agreement that is ratified under Section 884.556 takes effect on the date specified in the agreement. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 884.559 - Action After Agreement Ratification
(a) After ratification of the reinsurance agreement under Section 884.556, the mutual assessment company shall cease doing business and shall transfer all of its assets ...
- Texas Insurance Code Section 884.560 - Assumption Certificate
Immediately after ratification of the reinsurance agreement under Section 884.556, the stipulated premium company shall issue to each member of the mutual assessment company an ...
- Texas Insurance Code Section 884.561 - Adjustment Of Life Insurance Premiums
(a) If the premium charged on a life insurance policy assumed by the stipulated premium company is less than the renewal net premium computed under ...
- Texas Insurance Code Section 884.562 - Approval Of Rate Adjustment
A stipulated premium company may not adjust a life insurance premium rate under this subchapter before: (1) obtaining the approval of the department; and (2) ...
- Texas Insurance Code Section 884.601 - Authorization To Convert
(a) The shareholders of a stipulated premium company that possesses capital in an amount equal to at least $700,000, unencumbered surplus in an amount equal ...
- Texas Insurance Code Section 884.602 - Assumption Certificate
(a) Not later than the 30th day after the date of a conversion under this subchapter, the converted company shall issue to each policyholder an ...
- Texas Insurance Code Section 884.603 - Exemption From Capital And Surplus Requirements
(a) A stipulated premium company is exempt from the capital and surplus requirements of Section 884.601(a) if the company: (1) was organized before September 1, ...
- Texas Insurance Code Section 884.701 - Hazardous Financial Condition, Supervision, Conservatorship, And Liquidation
Articles 1.32, 21.28, and 21.28-A apply to a stipulated premium company engaged in the business of insurance in this state. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 885.001 - Definitions
In this chapter: (1) "Benefit certificate" means a document issued as written evidence of a benefit contract. (2) "Benefit contract" means an agreement for provision ...
- Texas Insurance Code Section 885.002 - Limited Exemption From Insurance Laws
(a) Except as provided by this chapter, a fraternal benefit society is governed by this chapter and is exempt from all other insurance laws of ...
- Texas Insurance Code Section 885.003 - Exemption From Taxation
(a) A fraternal benefit society organized or holding a certificate of authority under this chapter, including the former Chapter 10 of this code and Chapter ...
- Texas Insurance Code Section 885.004 - Inapplicability To Certain Societies
(a) Except as provided by Subsection (b), this chapter does not apply to: (1) a grand or subordinate lodge of Masons, Odd Fellows, Knights of ...
- Texas Insurance Code Section 885.005 - Fraternal Benefit Societies That Provide Benefits Resulting From Accidents Only
(a) A fraternal benefit society that provides benefits for death or disability resulting from accidents only and does not provide death benefits or benefits for ...
- Texas Insurance Code Section 885.006 - Treatment Of Certain Grand Lodges
A grand lodge, by whatever name known and without regard to whether incorporated, that holds a charter from any supreme governing body and that was ...
- Texas Insurance Code Section 885.051 - Fraternal Benefit Society Defined
A corporation, society, order, or voluntary association is a fraternal benefit society if it: (1) has a lodge system and a representative form of government ...
- Texas Insurance Code Section 885.052 - Control Of Fraternal Benefit Society
(a) In this section, "control" has the meaning described by Sections 823.005 and 823.151. (b) Control of a fraternal benefit society must be ultimately vested ...
- Texas Insurance Code Section 885.053 - Lodge System Defined
A fraternal benefit society is considered to be operating on the lodge system if the society: (1) has a supreme governing body; and (2) has ...
- Texas Insurance Code Section 885.054 - Representative Form Of Government Defined
A fraternal benefit society has a representative form of government if: (1) the society has a supreme governing body constituted as: (A) an assembly, as ...
- Texas Insurance Code Section 885.055 - Assembly As Supreme Governing Body
(a) The supreme governing body of a fraternal benefit society is an assembly if the body is composed of: (1) delegates elected directly by the ...
- Texas Insurance Code Section 885.056 - Assembly Meetings; Directors
(a) An assembly that is the supreme governing body of a fraternal benefit society shall: (1) meet at least once every four years; and (2) ...
- Texas Insurance Code Section 885.057 - Board As Supreme Governing Body
(a) The supreme governing body of a fraternal benefit society is a board if the body is composed of: (1) individuals elected directly by the ...
- Texas Insurance Code Section 885.058 - Board Members; Meetings
(a) The term of a member of a board that is the supreme governing body of a fraternal benefit society may not exceed four years. ...
- Texas Insurance Code Section 885.059 - Location Of Meetings Of Supreme Governing Body
(a) A domestic fraternal benefit society may provide that its supreme governing body may hold meetings in any state, district, province, or territory in which ...
- Texas Insurance Code Section 885.060 - Fraternal Benefit Society's Laws Binding
A fraternal benefit society's laws may provide that a lodge or a subordinate officer or member of the society may not waive any provision of ...
- Texas Insurance Code Section 885.061 - Amendment Of Fraternal Benefit Society's Laws
(a) A fraternal benefit society transacting business under this chapter shall file with the department a certified copy of each amendment of the fraternal benefit ...
- Texas Insurance Code Section 885.062 - Quarterly Lodge Meetings Required
A fraternal benefit society's laws must require each lodge to hold regular meetings at least once each calendar quarter to further the society's purposes. Added ...
- Texas Insurance Code Section 885.063 - Merger Or Transfer Of Membership Or Funds
(a) A domestic fraternal benefit society may not merge with or accept a transfer of the membership or funds of another fraternal benefit society unless: ...
- Texas Insurance Code Section 885.101 - Qualifications For Fraternal Benefit Society Membership
(a) A fraternal benefit society shall specify in the fraternal benefit society's laws or rules: (1) subject to Subsection (b), the eligibility standards for each ...
- Texas Insurance Code Section 885.102 - Social Members
A fraternal benefit society may admit social members. A social member may not vote in the management of the insurance affairs of the society. Added ...
- Texas Insurance Code Section 885.103 - Children
(a) A fraternal benefit society may organize and operate branches for children on whose lives the society provides insurance or annuities. (b) A child is ...
- Texas Insurance Code Section 885.104 - Grievance Or Complaint Procedures
A fraternal benefit society's laws or rules may provide for grievance or complaint procedures for members. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 885.151 - Applicability To Certain Fraternal Benefit Societies Continuously Authorized To Engage In Business
This subchapter does not apply to a fraternal benefit society authorized to engage in business in this state on June 1, 1965, as long as ...
- Texas Insurance Code Section 885.152 - Eligibility To Provide Benefits
After June 1, 1965, a corporation, society, order, or voluntary association may qualify as a fraternal benefit society as defined by Section 885.051 for the ...
- Texas Insurance Code Section 885.153 - Filing Of Articles Of Incorporation Or Association
A corporation, society, order, or voluntary association eligible under Section 885.152 may qualify as a fraternal benefit society by filing with the department: (1) certified ...
- Texas Insurance Code Section 885.154 - Name Of Fraternal Benefit Society
The name of a fraternal benefit society may not so closely resemble the name of any society or insurance company engaging in business in this ...
- Texas Insurance Code Section 885.155 - Purposes Of Fraternal Benefit Society
(a) The purposes for which a fraternal benefit society is organized may not include more liberal powers than are granted by this chapter. Any lawful, ...
- Texas Insurance Code Section 885.156 - Surety Bond
(a) A fraternal benefit society must file with the department a bond in an amount not less than $300,000 and not more than $1.5 million, ...
- Texas Insurance Code Section 885.157 - Issuance Of Preliminary Certificate Of Authority
If the purposes of a fraternal benefit society conform to the requirements of this chapter and all provisions of law have been complied with, the ...
- Texas Insurance Code Section 885.158 - Powers And Duties Under Preliminary Certificate Of Authority; Qualification
(a) On receipt of a preliminary certificate of authority from the department under Section 885.157, a fraternal benefit society: (1) may solicit from its members ...
- Texas Insurance Code Section 885.159 - Termination Of Authority Under Preliminary Certificate Of Authority
(a) Unless a fraternal benefit society has qualified under this subchapter, a preliminary certificate of authority granted under Section 885. 157 is void on the ...
- Texas Insurance Code Section 885.160 - Issuance Of Certificate Of Authority
(a) The department may make an examination and require information in addition to that required by Section 885.158(b) that the department considers advisable. On presentation ...
- Texas Insurance Code Section 885.201 - Certificate Of Authority Required
A foreign fraternal benefit society organized and engaging in business before July 1, 1913, that was not authorized to engage in business in this state ...
- Texas Insurance Code Section 885.202 - Admission Of Foreign Fraternal Benefit Society
(a) To engage in business in this state, a foreign fraternal benefit society described by Section 885.201 must: (1) have the qualifications required of a ...
- Texas Insurance Code Section 885.203 - Refusal To Issue Certificate Of Authority To Foreign Fraternal Benefit Society
(a) If the commissioner refuses to issue a certificate of authority to a foreign fraternal benefit society under Section 885.202, the commissioner shall: (1) make ...
- Texas Insurance Code Section 885.204 - Notice Of Intent To Revoke Foreign Fraternal Benefit Society's Certificate Of Authority
(a) The commissioner shall notify a foreign fraternal benefit society engaging in business under this chapter of the commissioner's determination if, following an investigation, the ...
- Texas Insurance Code Section 885.205 - Revocation Of Foreign Fraternal Benefit Society's Certificate Of Authority
(a) The commissioner may revoke a foreign fraternal benefit society's certificate of authority to engage in business in this state if, on the date stated ...
- Texas Insurance Code Section 885.206 - Continuance Of Contracts Following Revocation Of Certificate Of Authority
This subchapter may not be construed to prevent a foreign fraternal benefit society that has had its certificate of authority refused under former Article 10.23, ...
- Texas Insurance Code Section 885.251 - General Powers
A fraternal benefit society may: (1) make a constitution and bylaws for the government of the society, the admission of its members, the management of ...
- Texas Insurance Code Section 885.252 - Powers Of Certain Fraternal Benefit Societies
(a) A fraternal benefit society engaged in business in this state on July 1, 1913, may exercise: (1) each right conferred by this chapter; and ...
- Texas Insurance Code Section 885.253 - Principal Office Of Domestic Fraternal Benefit Society
A domestic fraternal benefit society shall have its principal office in this state. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 885.254 - Immunity
(a) A director, officer, employee, member, or volunteer of a fraternal benefit society serving without compensation is not personally liable for damages resulting from an ...
- Texas Insurance Code Section 885.255 - Indemnification Or Reimbursement
(a) A fraternal benefit society may indemnify and reimburse a person for expenses reasonably incurred by, and liabilities imposed on, that person in connection with ...
- Texas Insurance Code Section 885.256 - Indemnification Or Reimbursement In Relation To Breach Of Duty Prohibited
(a) Except as provided by Subsection (b), a person may not be indemnified or reimbursed under Section 885.255 in relation to: (1) a matter in ...
- Texas Insurance Code Section 885.257 - Insurance For Directors, Officers, Employees, Or Agents
(a) A fraternal benefit society may purchase and maintain insurance on behalf of a person who is or was a director, officer, employee, or agent ...
- Texas Insurance Code Section 885.258 - Management And Use Of Assets And Funds
(a) A fraternal benefit society shall hold, invest, and disburse all assets for the use and benefit of the society. A member or beneficiary may ...
- Texas Insurance Code Section 885.259 - Source Of Funds
(a) A fraternal benefit society shall derive the funds from which the society pays benefits and the funds from which the society defrays its expenses ...
- Texas Insurance Code Section 885.260 - Specified Payments
(a) A fraternal benefit society may provide in the fraternal benefit society's laws and benefit certificates for specified payments on account of the expense or ...
- Texas Insurance Code Section 885.261 - Control Of Fund By Lodge
(a) This section applies if the constitution and bylaws of the grand lodge or governing body of a fraternal benefit society: (1) provide that all ...
- Texas Insurance Code Section 885.262 - Investment Of Fraternal Benefit Society Funds
(a) Except as provided by Subsection (b), a fraternal benefit society may invest its funds only in securities permitted by state law for the investment ...
- Texas Insurance Code Section 885.263 - Treatment Of Deferred Claims
(a) A deferred payment or an installment of a claim is considered to be a fixed liability on the occurrence of the contingency on which ...
- Texas Insurance Code Section 885.301 - Types Of Benefits Permitted
(a) A fraternal benefit society may provide for the payment of: (1) death benefits in any form; (2) endowment benefits; (3) annuity benefits; (4) benefits ...
- Texas Insurance Code Section 885.302 - Issuance Of Benefit Contracts On Variable Basis
A fraternal benefit society may, as provided by a resolution of its supreme governing body, establish and operate one or more separate accounts and issue ...
- Texas Insurance Code Section 885.303 - Benefits For Children
(a) A fraternal benefit society may provide by its laws, in addition to other benefits provided for by the fraternal benefit society's laws, for insurance ...
- Texas Insurance Code Section 885.304 - Beneficiaries
(a) The owner of a benefit contract may change the beneficiary at any time in accordance with a fraternal benefit society's laws or rules unless ...
- Texas Insurance Code Section 885.305 - Organization As Beneficiary
A fraternal benefit society may provide in the fraternal benefit society's laws for the issuance to its members of benefit certificates under which an association, ...
- Texas Insurance Code Section 885.306 - Benefit Certificate
(a) A fraternal benefit society may not deliver or issue for delivery in this state a benefit certificate unless the form of the certificate has ...
- Texas Insurance Code Section 885.307 - Grace Period
A fraternal benefit society shall include in the terms of a benefit certificate a grace period of at least one month for payment of premiums. ...
- Texas Insurance Code Section 885.308 - Assignment Of Life Insurance Benefit Contract
A fraternal benefit society may specify the terms for the assignment of a life insurance benefit contract. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 885.309 - Nonforfeiture Benefits
(a) The value of a nonforfeiture benefit provided under a benefit certificate issued before January 1, 2001, must comply with the law applicable to the ...
- Texas Insurance Code Section 885.310 - Enforcing Payment Of Premiums; Control Of Benefit Certificates
A fraternal benefit society may provide for: (1) enforcing payment of premiums; (2) designating beneficiaries; and (3) controlling benefit certificates and all rights, obligations, and ...
- Texas Insurance Code Section 885.311 - Deficiency Payments
(a) A fraternal benefit society shall provide in the fraternal benefit society's laws that if the society's reserves for any class of the society's benefit ...
- Texas Insurance Code Section 885.312 - Continuation Of Benefit Certificate On Expulsion Or Suspension Of Member
If a fraternal benefit society's laws provide for expulsion or suspension of a member, the benefit certificate must provide that a member who is expelled ...
- Texas Insurance Code Section 885.313 - Continuation Of Benefit Certificate Issued On Child
If the membership in a fraternal benefit society of a person responsible for the support of a child on whose account a benefit certificate has ...
- Texas Insurance Code Section 885.314 - Responsibility For Payment Of Benefits
(a) An officer or member of the supreme, the grand, or any subordinate body of an incorporated fraternal benefit society is not individually liable for ...
- Texas Insurance Code Section 885.315 - Damages For Failure To Timely Pay Benefits
A fraternal benefit society that is liable for a loss and that does not pay benefits before the 61st day after the date of the ...
- Texas Insurance Code Section 885.316 - Exemption Of Benefits
Money or another benefit or charity to be paid or provided by a fraternal benefit society, before or after payment is not subject to attachment, ...
- Texas Insurance Code Section 885.351 - Agents
(a) A fraternal benefit society may appoint an agent licensed by the department under Article 21.07-1 to sell benefits listed under Section 885. 301(a) to ...
- Texas Insurance Code Section 885.352 - Exception
(a) Section 885.351(b) does not apply to an agent, representative, or member of a fraternal benefit society who devotes less than 50 percent of the ...
- Texas Insurance Code Section 885.353 - Employment Of Certain Persons To Solicit Business Prohibited
A fraternal benefit society may not employ or otherwise retain a person to solicit business if the person has had a license revoked under Article ...
- Texas Insurance Code Section 885.401 - Annual Report
(a) Each fraternal benefit society engaged in business in this state shall annually, on or before March 1: (1) file with the department in the ...
- Texas Insurance Code Section 885.402 - Reports Of Certain Grand Lodges
The officers of the supreme state governing body of a grand lodge considered to be a single state organization under Section 885.006 shall make each ...
- Texas Insurance Code Section 885.403 - Valuation Of Benefit Certificates
(a) A fraternal benefit society shall include in its report under Section 885.401 a valuation of the society's benefit certificates in force on the preceding ...
- Texas Insurance Code Section 885.404 - Mortality Tables; Interest Rates
(a) In valuing benefit certificates under Section 885.403, a fraternal benefit society, at the option of the society, may use: (1) the National Fraternal Congress ...
- Texas Insurance Code Section 885.405 - Valuation Of And Separate Fund For Disability Benefits
(a) A fraternal benefit society that provides for disability benefits shall keep the net premiums for disability benefits in a fund separate from all other ...
- Texas Insurance Code Section 885.406 - Publication Of Valuation And Condition
A fraternal benefit society shall publish, in the society's official paper, a statement of: (1) the valuation provided by Sections 885.403 and 885.405; and (2) ...
- Texas Insurance Code Section 885.407 - Solvency
A fraternal benefit society is considered solvent if its admissible assets are equal to or greater than its liabilities. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 885.408 - Reserves For Accident And Health Insurance
(a) A fraternal benefit society shall establish reserves for the types of coverage specified by Sections 885.301(a)(4) and (5) in the same manner and to ...
- Texas Insurance Code Section 885.409 - Reporting Of Reserves
The report of a fraternal benefit society under Section 885.401 must show as a liability the reserves required by this chapter. Added by Acts 2001, ...
- Texas Insurance Code Section 885.410 - Examination Of Domestic Fraternal Benefit Societies
A domestic fraternal benefit society is subject to Articles 1.15, 1.15A, and 1.16. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 885.411 - Examination Of Foreign Fraternal Benefit Societies
(a) The commissioner or a person appointed by the commissioner may examine a foreign fraternal benefit society transacting or applying for admission to engage in ...
- Texas Insurance Code Section 885.412 - Adverse Publication Prohibited
(a) Pending, during, or after an examination or investigation of a fraternal benefit society, the commissioner may not make public a financial statement, report, or ...
- Texas Insurance Code Section 885.413 - Fees
The department shall deposit fees collected under this chapter to the credit of the Texas Department of Insurance operating account. Article 1.31A applies to fees ...
- Texas Insurance Code Section 885.414 - Remedies Not Exclusive
(a) This chapter does not prevent or limit any action by or remedy available to the department or the state under Article 21.28 or 21.28-A ...
- Texas Insurance Code Section 885.451 - Conversion Of Fraternal Benefit Society To Mutual Or Stock Company
(a) Subject to Subsection (b), a fraternal benefit society engaging in business in this state may convert to a mutual life insurance company or incorporated ...
- Texas Insurance Code Section 885.452 - Meeting Of Lodge Representatives; Notice
(a) The governing body of a fraternal benefit society that proposes converting to a mutual life insurance company or incorporated stock company shall call a ...
- Texas Insurance Code Section 885.453 - Resolution To Convert; Additional Requirements
(a) As provided by the notice under Section 885.452 and after convening the supreme governing body of the fraternal benefit society, the lodge representatives shall ...
- Texas Insurance Code Section 885.454 - Conversion Documents
(a) A fraternal benefit society that converts to a mutual life insurance company or incorporated stock company shall file with the department: (1) the certificate ...
- Texas Insurance Code Section 885.455 - Sale Of Stock Of Converted Fraternal Benefit Society
(a) If a fraternal benefit society converts to an incorporated stock company, each holder of a benefit certificate or other member of the society has ...
- Texas Insurance Code Section 885.456 - Legal Effect Of Conversion To Mutual Life Insurance Company
A fraternal benefit society that converts to a mutual life insurance company is subject to Chapter 882. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 885.457 - Completion And Legal Effect Of Conversion To Stock Company
(a) The conversion of a fraternal benefit society to an incorporated stock company is complete when the society has: (1) complied with this subchapter and ...
- Texas Insurance Code Section 885.458 - Continuing Obligations Of Converted Fraternal Benefit Society
(a) The rights of each member, holder of a benefit certificate, or creditor and the standing of each claim against a fraternal benefit society that ...
- Texas Insurance Code Section 885.459 - Name Of Converted Fraternal Benefit Society
The name of a mutual life insurance company or incorporated stock company to which a fraternal benefit society converts: (1) must, if possible, be a ...
- Texas Insurance Code Section 885.460 - Principal Office Of Converted Fraternal Benefit Society
The principal office of a mutual life insurance company or incorporated stock company created by the conversion of a fraternal benefit society under this subchapter ...
- Texas Insurance Code Section 885.461 - Social Or Charitable Clubs Formed By Members Of Converted Fraternal Benefit Society
The members of a converted fraternal benefit society or the policyholders in the new corporation may form local clubs for social and charitable purposes. A ...
- Texas Insurance Code Section 885.501 - Discontinuation Of Business By Domestic Fraternal Benefit Society
A domestic fraternal benefit society's certificate of authority becomes void if the society: (1) discontinues business for a period of one year; or (2) has ...
- Texas Insurance Code Section 885.502 - Initiation Of Proceedings For Termination Of Domestic Fraternal Benefit Society
(a) The commissioner may advise the attorney general of the commissioner's determination if: (1) after examining a domestic fraternal benefit society, the commissioner determines that ...
- Texas Insurance Code Section 885.503 - Issuance Of Injunction And Appointment Of Receiver
(a) If it appears on the trial of an action brought under Section 885.502(b) that the fraternal benefit society should be closed, the court shall: ...
- Texas Insurance Code Section 885.701 - False Statements; Criminal Penalty
(a) A person commits an offense if the person wilfully makes a false or fraudulent statement or representation: (1) in or with reference to an ...
- Texas Insurance Code Section 885.702 - Soliciting Membership In Unauthorized Fraternal Benefit Society; Criminal Penalty
(a) A person commits an offense if the person solicits membership for or in any manner assists in procuring membership in a fraternal benefit society ...
- Texas Insurance Code Section 885.703 - Soliciting Membership In Lodge Of Unauthorized Fraternal Benefit Society; Criminal Penalty
(a) A person commits an offense if the person solicits for or organizes a lodge of a fraternal benefit society without first obtaining from the ...
- Texas Insurance Code Section 885.704 - Exception To Solicitation Offenses
Sections 885.702 and 885.703 do not: (1) prohibit a member of an existing lodge from soliciting a person to become a member of the lodge; ...
- Texas Insurance Code Section 885.705 - General Criminal Penalty
(a) An officer, agent, or employee of a domestic fraternal benefit society commits an offense if the person neglects, refuses to comply with, or violates ...
- Texas Insurance Code Section 885.706 - Other Penalties
Notwithstanding Section 885.705, if another section of this chapter provides a penalty for a violation of the section, the penalty provided in the other section ...
- Texas Insurance Code Section 886.001 - Definition
In this chapter, "local mutual aid association" means an entity, including a society or association of any sort, authorized under this chapter to engage in ...
- Texas Insurance Code Section 886.002 - Applicability Of Chapter; Exemptions
(a) Except as provided by Subsection (b), this chapter and Chapters 887 and 888 apply to local mutual aid associations. (b) This chapter does not ...
- Texas Insurance Code Section 886.003 - Limited Exemption From Insurance Laws
A local mutual aid association is subject only to this chapter and Chapters 887 and 888. Except as otherwise provided by this chapter, a local ...
- Texas Insurance Code Section 886.004 - Organization Of New Association Prohibited
A new local mutual aid association may not be organized under this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 886.051 - Operation Under Certificate Of Authority
A local mutual aid association engages in business under a certificate of authority issued by the department. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 886.052 - Compliance With Law Required
An individual, firm, or corporation may not engage in business in this state as a local mutual aid society or association that pays a death ...
- Texas Insurance Code Section 886.101 - General Powers Of Association
A local mutual aid association is a body corporate that may sue and be sued in its own name and exercise the other powers and ...
- Texas Insurance Code Section 886.102 - Applicability Of Texas Non-Profit Corporation Act
(a) Except to the extent of any conflict with this code, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies ...
- Texas Insurance Code Section 886.103 - Articles Of Association, Constitution, And Bylaws
(a) The articles of association of a local mutual aid association must state: (1) the name of the association, which must be distinctly different from ...
- Texas Insurance Code Section 886.104 - Benefits Authorized
(a) Except as provided by Subsection (b), a local mutual aid association may provide only for the payment of death benefits. An association may not ...
- Texas Insurance Code Section 886.105 - Territorial Limitations
(a) A local mutual aid association may conduct business in any county in this state. (b) If the articles of association of an association provide ...
- Texas Insurance Code Section 886.106 - Connection With Other Associations Prohibited
(a) A local mutual aid association may not have any connection with another local mutual aid association. (b) An association may not contribute any form ...
- Texas Insurance Code Section 886.107 - Annual Statement; Filing Fee
(a) For the filing of each annual statement, the department shall charge the appropriate fee. The fee must be: (1) payable to the department; and ...
- Texas Insurance Code Section 886.108 - Surety Bond
(a) A local mutual aid association's officer responsible for the funds of the association shall file with the department a surety bond. (b) The surety ...
- Texas Insurance Code Section 886.109 - Voluntary Dissolution
A local mutual aid association may dissolve by vote of the majority of the members at: (1) a regular meeting called by the secretary; or ...
- Texas Insurance Code Section 886.110 - Automatic Dissolution
A local mutual aid association is dissolved automatically and forfeits its right to engage in the business of insurance if: (1) the association's membership falls ...
- Texas Insurance Code Section 886.701 - Revocation
Except as otherwise provided by law, the department may revoke the right of a local mutual aid association to engage in the business of insurance ...
- Texas Insurance Code Section 886.702 - Grounds For Dissolution Or Forfeiture
(a) In addition to any other penalties imposed on a local mutual aid association or on its members or officers, an association is subject to ...
- Texas Insurance Code Section 886.703 - Criminal Penalty
(a) A person commits an offense if the person violates this chapter. (b) An offense under this section is a misdemeanor punishable by a fine ...
- Texas Insurance Code Section 887.001 - Definitions
In this chapter: (1) "Assessment" means any money or thing of value, including premiums, paid in consideration of insurance provided by an insurance certificate. (2) ...
- Texas Insurance Code Section 887.002 - Purpose
The primary purpose of this chapter and Chapter 888 is to secure to members and the beneficiaries of members the full and prompt payment of ...
- Texas Insurance Code Section 887.003 - Applicability Of Chapter
(a) This chapter governs: (1) local mutual aid associations; (2) statewide mutual life associations; (3) life, health, and accident associations; (4) mutual assessment life, health, ...
- Texas Insurance Code Section 887.004 - Inapplicability To Certain Organizations Of Members Of Religious Denomination
This chapter does not apply to an association that: (1) is not operated for profit; (2) is composed only of the members of a particular ...
- Texas Insurance Code Section 887.005 - Department Of Public Safety Employee Mutual Association
Notwithstanding any other provision of this chapter, a mutual association for employees of the Department of Public Safety may provide coverage and benefits to retired ...
- Texas Insurance Code Section 887.006 - Construction
(a) This chapter does not: (1) enlarge the powers or rights of any association; (2) enlarge the scope of an association's legal or corporate existence; ...
- Texas Insurance Code Section 887.007 - Deposit Of Fees
The department shall deposit a fee collected under this chapter to the credit of the Texas Department of Insurance operating account. Added by Acts 2001, ...
- Texas Insurance Code Section 887.008 - Interpretation Of Chapter By Commissioner
If a provision of this chapter appears obscure when applied to health, accident, or disability provisions in an insurance certificate issued by an association authorized ...
- Texas Insurance Code Section 887.009 - Rules
The commissioner may adopt reasonable rules to implement the purposes of this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 887.051 - Bylaws
(a) An association shall submit to the department a copy of the association's bylaws. The department shall examine the bylaws and approve the bylaws if ...
- Texas Insurance Code Section 887.052 - Amendment Of Bylaws
(a) A majority of an association's members present at a regular meeting or at a meeting called for the purpose may amend the association's bylaws. ...
- Texas Insurance Code Section 887.053 - Immunity
An officer, director, or member of an association is not individually liable because of an insurance certificate issued by the association or a claim arising ...
- Texas Insurance Code Section 887.054 - Financial Officer; Bond
(a) An association, by resolution entered in its minutes, shall designate an officer to be responsible for handling the association's funds. The president, secretary, or ...
- Texas Insurance Code Section 887.055 - Bond Requirements For Certain Persons
(a) In addition to the bond required by Section 887.054 and any other bond required by law, an association shall obtain a separate or blanket ...
- Texas Insurance Code Section 887.056 - Recovery On Bond
(a) On receipt of information that an officer of an association has violated the terms of a bond under Section 887. 054 or 887.055, the ...
- Texas Insurance Code Section 887.057 - Deposit
(a) An association shall, through the department, deposit with the comptroller an amount equal to the largest risk assumed by the association on any one ...
- Texas Insurance Code Section 887.058 - Change Of Association's Name
An association may change its name by amending the association's charter if: (1) the association submits the proposed amendment to the department for approval; and ...
- Texas Insurance Code Section 887.059 - Books And Records
(a) An association shall keep the association's books and records in a form and manner that: (1) accurately reflects the condition of the association or ...
- Texas Insurance Code Section 887.060 - Annual Statement
(a) Not later than April 1 of each year, an association shall file with the department a sworn statement of the association's condition on the ...
- Texas Insurance Code Section 887.061 - Report On Condition Of Association
The department may require from an association written reports on the condition of the association at any time the department considers advisable. The department may ...
- Texas Insurance Code Section 887.062 - Examination
Articles 1.15 and 1.16 apply to an association. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 887.063 - Admitted Assets
An association may include among its admitted assets, within the assets of the expense fund only, any asset designated as a net asset under Section ...
- Texas Insurance Code Section 887.064 - Dividends
If the amount of an association's mortuary fund exceeds the amount of reserves required by Subchapter I, the association may pay dividends from the fund ...
- Texas Insurance Code Section 887.065 - Merger
(a) An association may not merge with another association without the advance approval of the department. (b) The department may grant approval under Subsection (a) ...
- Texas Insurance Code Section 887.101 - Certificate Of Authority Required
(a) Except as provided by Section 887.102, the department shall require an association or person to hold a certificate of authority issued by the department ...
- Texas Insurance Code Section 887.102 - Exempt Association; Permit
(a) An association is not required to hold a certificate of authority under Section 887.101 if the association: (1) limits its membership to: (A) the ...
- Texas Insurance Code Section 887.103 - Refusal Of Certificate Of Authority Or Permit
(a) An association may not continue to engage in the business of insurance in this state if the commissioner notifies the association in writing of ...
- Texas Insurance Code Section 887.104 - Refusal Or Removal For Unworthiness Of Public Trust
(a) The department may not issue a certificate of authority to an association if the department determines that an officer, employee, or member of the ...
- Texas Insurance Code Section 887.151 - Classes Of Members
(a) An association's constitution and bylaws shall state the number of members to be admitted in a class of the association. (b) An association shall ...
- Texas Insurance Code Section 887.152 - Qualifying Membership In Association
(a) An individual must qualify under an association's bylaws to become a member of the association. (b) An association must maintain the qualifying membership at ...
- Texas Insurance Code Section 887.153 - Voting Rights Of Members
An association shall permit each member of the association to vote at any periodic meeting or special meeting of the members. Added by Acts 2001, ...
- Texas Insurance Code Section 887.154 - Membership Records
An association shall keep: (1) a complete and correct roster of the association's members, with proper statistical records for determining by age or some other ...
- Texas Insurance Code Section 887.155 - Transfer Of Membership Or Merger Of Classes
(a) Without advance approval of the department, an association may not: (1) transfer any part or class of membership or all membership to another association; ...
- Texas Insurance Code Section 887.201 - Limit On Life Insurance
An association may not insure an individual life for more than $5,000. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, ...
- Texas Insurance Code Section 887.202 - Stipulated Premium Plan; Deduction Of Unpaid Premium Balance
(a) An association may issue an insurance certificate on a stipulated premium plan that provides for the insured to pay regular premiums weekly, monthly, quarterly, ...
- Texas Insurance Code Section 887.203 - Issuance Of Life Insurance Policy By Certain Associations
(a) A local mutual aid association or statewide mutual assessment company that has a mortuary fund and expense fund with a combined value of at ...
- Texas Insurance Code Section 887.204 - Renewal Or Reinstatement Of Insurance Certificate
(a) If an insurance certificate terminates for any reason and the association's rules provide that a reinstated certificate is regarded as a new certificate, an ...
- Texas Insurance Code Section 887.205 - Life Insurance Certificate Beneficiaries
(a) An association may pay death benefits only to: (1) a member's spouse; (2) a member's relative by blood to the fourth degree or by ...
- Texas Insurance Code Section 887.206 - Payment Of Claim; Proof Of Claim
(a) An association shall pay each claim under an insurance certificate in full not later than the 60th day after the date of receipt of ...
- Texas Insurance Code Section 887.207 - Exception To Full Payment Requirement: Assessment-As-Needed Associations
(a) Section 887.206 does not apply to a class organized before May 12, 1939, and operating on the postmortem or assessment-as-needed plan on that date. ...
- Texas Insurance Code Section 887.208 - Contested Claims
(a) An association may not contest a claim: (1) only for delay or for a captious or inconsequential reason; or (2) to force settlement at ...
- Texas Insurance Code Section 887.209 - Venue
An action brought against an association that grows out of or is based on any right of claim or loss or proceeds due, arising from ...
- Texas Insurance Code Section 887.210 - Reinsurance
(a) An association may enter into a reinsurance agreement with a legal reserve company that: (1) is authorized to write life, health, and accident insurance ...
- Texas Insurance Code Section 887.251 - General Requirements For Insurance Certificate And Application Forms; Incontestability
(a) An insurance certificate issued by an association must include: (1) any condition of the certificate, including any portion of the bylaws of the association ...
- Texas Insurance Code Section 887.252 - Application For Insurance Certificate
(a) An application for an insurance certificate issued by an association must be signed by the applicant. If the applicant is a minor, the application ...
- Texas Insurance Code Section 887.253 - Life Insurance Certificate Forms
(a) A life insurance certificate issued by an association must include: (1) on the front page of the certificate, a definitive statement of the amount ...
- Texas Insurance Code Section 887.254 - Health And Accident Insurance Certificate Forms
An insurance certificate issued by an association must include a plain statement of each health, accident, or other benefit under the certificate and the terms ...
- Texas Insurance Code Section 887.255 - Life Insurance Benefit Reductions And Exclusions
(a) An association may, with the commissioner's approval, issue an insurance certificate that provides for: (1) reduced benefits if the insured: (A) dies or is ...
- Texas Insurance Code Section 887.256 - Form Approval
(a) The commissioner shall approve the form and language of an insurance certificate before the certificate is used by an association. The commissioner shall, in ...
- Texas Insurance Code Section 887.301 - Assessments Required
(a) An association shall levy regular and periodic assessments on its membership in amounts and at intervals necessary to: (1) meet the reasonable operating expenses ...
- Texas Insurance Code Section 887.302 - Authority To Increase Assessment Rates On Certain Insurance Certificates
(a) An association's board of directors may by resolution increase assessment rates on life insurance certificates in force up to the rate on an attained ...
- Texas Insurance Code Section 887.303 - Approval Required For Certain Rate Increases
An association may not implement a rate increase on insurance certificates in force before the commissioner approves the rate increase as complying with this chapter. ...
- Texas Insurance Code Section 887.304 - Limit On Rate Increases
Notwithstanding any other provision of this chapter, on a life insurance certificate issued after May 21, 1965, an association may not during any consecutive five-year ...
- Texas Insurance Code Section 887.305 - Expense Loading On Certain Insurance Certificates
If an association increases a life insurance assessment rate at any age other than at age of issue, the expense loading on the new assessments ...
- Texas Insurance Code Section 887.306 - Assessment-As-Needed Associations: Payments On Certain Insurance Certificates
(a) This section applies only to an association operating on an assessment-as-needed basis. (b) If the members' payments on insurance certificates issued and in force ...
- Texas Insurance Code Section 887.307 - Revenue Of Association; Deposit
(a) The revenue of an association must be derived from: (1) membership fees; and (2) assessments. (b) Not later than the fifth day after the ...
- Texas Insurance Code Section 887.308 - Suspension Of Member For Nonpayment
Before suspending a member from membership for nonpayment of assessments or membership fees, an association shall send notice to the member by first class mail ...
- Texas Insurance Code Section 887.309 - Failure To Comply With Certain Commissioner Orders
If an association refuses to comply with an order of the commissioner regarding rates or assessments under this chapter, the commissioner shall treat the association ...
- Texas Insurance Code Section 887.351 - Mortuary And Expense Funds
An association's bylaws must provide for the method and procedure for allocating assessments between the association's mortuary and expense funds. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 887.352 - Limits On Use Of Funds
An association may spend or invest money from a mortuary fund or expense fund only as provided for each fund by this subchapter. Added by ...
- Texas Insurance Code Section 887.353 - Division Of Funds: Certain Life Insurance Certificates
(a) This section applies to a life insurance certificate insuring the life of one or more individuals issued: (1) after December 31, 1965; or (2) ...
- Texas Insurance Code Section 887.354 - Division Of Funds: Accident And Health Insurance Certificates And Certain Life Insurance Certificates
(a) This section applies to: (1) a life insurance certificate in force on December 31, 1965, to which Section 887.353 does not apply; and (2) ...
- Texas Insurance Code Section 887.355 - Division Of Funds: Certain Life Insurance Certificates With No Rate Increase
(a) This section applies to a life insurance certificate in force on December 31, 1965, on which the assessment rate has not been increased. (b) ...
- Texas Insurance Code Section 887.356 - Division Of Funds: Assessment-As-Needed Associations
(a) An association operating on an assessment-as-needed basis shall divide collected assessments into at least: (1) a mortuary fund; and (2) an expense fund. (b) ...
- Texas Insurance Code Section 887.357 - Investment Of Funds
(a) An association may invest money from a mortuary fund only in securities and investments that are a legal investment for the reserve funds of ...
- Texas Insurance Code Section 887.358 - Payment Of Taxes On Mortuary Fund Income
An association may pay from a mortuary fund any taxes that are assessed against income on the fund and required to be paid by the ...
- Texas Insurance Code Section 887.359 - Payment Of Reinsurance Premium
An association may pay from a mortuary fund the premiums for any reinsurance under Section 887.210. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 887.360 - Cost Of Defending Contested Claims
An association authorized to write accident, health, or hospitalization insurance may pay the reasonable costs of defending a contested claim on an accident, health, or ...
- Texas Insurance Code Section 887.401 - Reserves On Individual Life Insurance Certificates
(a) An association shall reserve an individual life insurance certificate insuring one or more persons at individual premiums for each person as provided by this ...
- Texas Insurance Code Section 887.402 - Reserves On Family Group Life Insurance Certificates
(a) An association shall reserve a family group life insurance certificate on which the association charges a group premium that is not reduced on the ...
- Texas Insurance Code Section 887.403 - Issue Year And Issue Age In Certain Insurance Certificates
(a) In this section, "gross premium" means the renewal net premium plus any expense loading designated by the association or as otherwise regulated by this ...
- Texas Insurance Code Section 887.404 - Reserves On Accident, Health, And Hospitalization Insurance Certificates
An association shall maintain reserves on each of its accident, health, and hospitalization insurance certificates in the manner required of a company authorized to issue ...
- Texas Insurance Code Section 887.405 - Computation Of Reserve Liability
(a) Each year, an association shall compute its reserve liability on all outstanding insurance certificates. (b) To make the computation, an association: (1) shall use ...
- Texas Insurance Code Section 887.406 - Increase Of Reserves
(a) If an association does not have in its mortuary fund the reserves required by this subchapter, the association's board of directors by appropriate action ...
- Texas Insurance Code Section 887.407 - Nonapplicability To Assessment-As-Needed Associations
This subchapter does not apply to an association operating on an assessment-as-needed basis. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 887.451 - Authorization To Convert Or Reinsure
Subject to the requirements of this subchapter, an association may convert or reinsure itself to a legal reserve insurance company operating under Chapter 882. Added ...
- Texas Insurance Code Section 887.452 - Proposal For Conversion Or Reinsurance
An association's board of directors may determine by majority vote to submit a proposed conversion or reinsurance under Section 887.451 to the members of the ...
- Texas Insurance Code Section 887.453 - Members Meeting; Notice
(a) On receipt of the commissioner's written approval of proposed plans under Section 887.452 or of the plans as amended to meet the commissioner's requirements ...
- Texas Insurance Code Section 887.454 - Members Meeting; Procedures
(a) In a meeting called under Section 887.453, a member may vote in person, by proxy, or by mail. (b) All votes must be cast ...
- Texas Insurance Code Section 887.455 - Completion And Legal Effect Of Conversion Or Reinsurance
(a) An association's conversion or reinsurance is complete when the association has: (1) complied with all laws regulating the incorporation of a mutual legal reserve ...
- Texas Insurance Code Section 887.456 - Continuing Obligations Of Converted Or Reinsured Association
(a) The standing of each claim against an association that converts or reinsures under this subchapter must be preserved unimpaired under the reorganized company or ...
- Texas Insurance Code Section 887.457 - Disbursement Of Mortuary Fund
(a) The mortuary fund belonging to an association that converts or reinsures under this subchapter is the property of the reorganized company or the company ...
- Texas Insurance Code Section 887.501 - Applicability Of Subchapter
This subchapter applies only to a local mutual aid association or statewide mutual assessment company or association engaging in business in this state on January ...
- Texas Insurance Code Section 887.502 - Authorization To Convert
An association may convert to a stock legal reserve life insurance company if the association: (1) has at least $100,000 in the association's mortuary fund ...
- Texas Insurance Code Section 887.503 - Approval By Membership
An association may convert under this subchapter only if the association's membership votes to approve the conversion at a meeting called for that purpose. Added ...
- Texas Insurance Code Section 887.504 - Amendment Of Charter Or Articles Of Association Required
On authorization under Section 887.503, the board of directors and officers of the association shall amend the association's charter or articles of association to comply ...
- Texas Insurance Code Section 887.505 - Exchange Of Insurance Certificates; Reserves
(a) An association that converts to a stock legal reserve life insurance company shall exchange each insurance certificate in force on the date of the ...
- Texas Insurance Code Section 887.506 - Completion Of Conversion
An association becomes a stock legal reserve life insurance company on: (1) compliance with this subchapter; and (2) approval by the commissioner. Added by Acts ...
- Texas Insurance Code Section 887.507 - Legal Effect Of Conversion
Except as provided by this subchapter, an association that converts to a stock legal reserve life insurance company under this subchapter is subject to Chapter ...
- Texas Insurance Code Section 887.508 - Exemption From Capital And Surplus Requirements
(a) An association is exempt from the capital and surplus requirements of Section 887.502(2) if the association: (1) possesses capital in an amount equal to ...
- Texas Insurance Code Section 887.509 - Limits On Operation Of Converted Association
Unless the association increases the association's capital and surplus to the minimum capital and surplus required for the organization of a stock legal reserve life ...
- Texas Insurance Code Section 887.510 - Increase Of Capital And Surplus Required
(a) An association that converts to a stock legal reserve life insurance company under this subchapter shall, not later than the 10th anniversary of the ...
- Texas Insurance Code Section 887.551 - Hazardous Financial Condition, Supervision, Conservatorship, And Liquidation
Articles 1.32, 21.28, and 21.28-A apply to an association engaged in the business of insurance in this state. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 887.701 - Unlawful Conversion; Criminal Penalty
(a) A director, officer, agent, employee, attorney at law, or attorney in fact of an association commits an offense if the person: (1) fraudulently takes, ...
- Texas Insurance Code Section 887.702 - Diversion Of Special Funds; Criminal Penalty
(a) A director, officer, agent, employee, attorney at law, or attorney in fact of an association commits an offense if the person wilfully borrows, withholds, ...
- Texas Insurance Code Section 887.703 - Appropriation Of Money; Criminal Penalty
(a) An officer or employee of a mutual accident insurance company commits an offense if the person uses or appropriates, or knowingly permits the use ...
- Texas Insurance Code Section 887.704 - Violation Of Commissioner Order; Criminal Penalty
(a) A director, officer, agent, employee, attorney at law, or attorney in fact of an association commits an offense if the person wilfully fails to ...
- Texas Insurance Code Section 887.705 - Other Violations; Criminal Penalty
(a) A director, officer, agent, employee, attorney at law, or attorney in fact of an association or other person commits an offense if the person ...
- Texas Insurance Code Section 888.001 - Definitions
In this chapter: (1) "Burial association" means an individual, firm, partnership, association, or corporation engaged in the business of providing burial or funeral benefits payable ...
- Texas Insurance Code Section 888.002 - Liberal Construction
Sections 888.051, 888.052, 888.102(b), 888.151, 888.152, 888.153, 888.154, 888.155, 888.156, 888.157, 888.202, 888.203, and 888.204 shall be liberally construed. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 888.003 - Bylaws Of Burial Associations
The bylaws of a burial association may not contain any provision in conflict with this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 888.004 - Rules To Implement Purposes Of Chapter
The commissioner may adopt reasonable rules to implement the purposes of this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 888.005 - Applicability Of Texas Non-Profit Corporation Act
(a) Except to the extent of any conflict with this code, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies ...
- Texas Insurance Code Section 888.006 - Applicability Of Other Law
A burial association is subject to Chapter 887. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 888.051 - Imposition Of Annual Assessment; Amount
(a) An annual assessment is imposed on each burial association that holds a certificate of authority to engage in the business of insurance in this ...
- Texas Insurance Code Section 888.052 - Payment Of Annual Assessment
(a) Each burial association shall pay the annual assessment imposed by Section 888.051 to the department between January 1 and March 1 at the same ...
- Texas Insurance Code Section 888.101 - Insurance Certificates Issued By Burial Association
(a) Except as provided by Subsection (c), an insurance certificate issued by a burial association must provide for the payment of the benefit in specified ...
- Texas Insurance Code Section 888.102 - Payment Instead Of Merchandise Or Services
(a) If a burial association that issues an insurance certificate fails or refuses to provide the merchandise or services specified by the certificate, the association ...
- Texas Insurance Code Section 888.103 - Insurance Certificate Forms
An insurance certificate form used by a burial association on or after May 12, 1939, must comply with this chapter. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 888.151 - Data Collection Related To Rates
(a) The commissioner shall: (1) collect data, statistics, and information on the death rates, lapses, experiences, and other information relating to burial association rates in ...
- Texas Insurance Code Section 888.152 - Adoption Of Rate Schedule
(a) The commissioner shall adopt a schedule of reasonable and adequate rates that a burial association may charge its members. The schedule of rates must ...
- Texas Insurance Code Section 888.153 - New Or Amended Rate Schedules
(a) At any time the commissioner considers appropriate, the commissioner may adopt: (1) a new rate schedule for burial associations; or (2) an amendment to ...
- Texas Insurance Code Section 888.154 - Contracts With Experts And Consultants
The department may contract with experts and consultants to assist the department in exercising the department's powers and performing the department's duties under this subchapter. ...
- Texas Insurance Code Section 888.155 - Retention Of Burial Association's Initial Rate Schedule
Each burial association shall retain, as part of its permanent records, the initial rate schedule adopted by the association under former Article 14.45, Insurance Code, ...
- Texas Insurance Code Section 888.156 - Change Of Rates By Burial Association
(a) With the department's consent, a burial association may change its rates by adopting a new rate schedule and filing that schedule with the department. ...
- Texas Insurance Code Section 888.157 - Continuation Of Former Rates
(a) A burial association that had rates adopted and in use before June 12, 1947, may continue to apply those rates to individuals who were ...
- Texas Insurance Code Section 888.158 - Failure To Comply With Commissioner Rate Orders
If a burial association refuses to comply with an order of the commissioner regarding rates under this subchapter, the commissioner shall consider the association insolvent. ...
- Texas Insurance Code Section 888.201 - Unauthorized Providing Of Burial Or Funeral Benefits
An individual, firm, partnership, corporation, or association may not engage in the business of providing burial or funeral benefits payable partly or wholly in merchandise ...
- Texas Insurance Code Section 888.202 - Rate Violations
(a) A burial association or an officer, agent, or employee of a burial association may not charge or collect any rate from a member of ...
- Texas Insurance Code Section 888.203 - Connection Between Burial Associations
(a) A burial association may not be directly or indirectly connected with another burial association. (b) A member, director, or officer of a burial association ...
- Texas Insurance Code Section 888.204 - Certain Affiliations Between Burial Associations And Funeral Homes Prohibited
(a) It is against the public policy of this state for a funeral home or an owner of an interest in a funeral home to ...
- Texas Insurance Code Section 888.205 - Violation Of Chapter; Criminal Penalty
(a) A director, officer, agent, employee, attorney at law, or attorney in fact of a burial association, or other person commits an offense if the ...
- Texas Insurance Code Section 911.001 - Limited Exemption From Insurance Laws; Applicability Of Certain Laws
(a) A provision of this code, other than this chapter, does not apply to a farm mutual insurance company holding a certificate of authority under ...
- Texas Insurance Code Section 911.002 - General Rulemaking Authority; Enforcement
After hearing, the commissioner may adopt rules to clarify and augment this chapter as determined by the commissioner to be necessary to accomplish the purposes ...
- Texas Insurance Code Section 911.003 - Fees
(a) The department shall charge and collect the following fees: (1) $10 for an amendment to a farm mutual insurance company's charter; and (2) $1 ...
- Texas Insurance Code Section 911.051 - Applicability Of Texas Non-Profit Corporation Act
Except to the extent of any conflict with this chapter, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to ...
- Texas Insurance Code Section 911.052 - Formation Of Company: Incorporation Required
To form a farm mutual insurance company, an association of individuals that does not hold a certificate of authority issued by the department must obtain ...
- Texas Insurance Code Section 911.053 - Incorporation Requirements
(a) In this section, "separate risk" means one or more items of real property and the property's contents, if any, that is not exposed to ...
- Texas Insurance Code Section 911.054 - Charter And Articles Of Incorporation
(a) The charter and articles of incorporation of an association that wants to form a farm mutual insurance company must state the names and post ...
- Texas Insurance Code Section 911.055 - Application For Permit To Solicit Insurance
(a) At least 10 residents described by Section 911.054(a) that want to form a farm mutual insurance company may apply to the department for a ...
- Texas Insurance Code Section 911.056 - Issuance Of Permit To Solicit Insurance; Term
(a) On receipt of an application for a permit to solicit insurance under Section 911.055, the department shall examine the application. If the department finds ...
- Texas Insurance Code Section 911.057 - Collection And Refund Of Money From Certain Individuals Applying For Insurance
An association described by Section 911.053(b)(1) of which the applicants for a permit to solicit insurance are members shall hold in trust money collected from ...
- Texas Insurance Code Section 911.058 - Membership Control Of Company
(a) The control of a farm mutual insurance company must be ultimately vested as provided by this chapter in the company's members through a supreme ...
- Texas Insurance Code Section 911.059 - Eligibility Of Board Of Directors; Term
(a) An individual is eligible to serve as a director of a farm mutual insurance company if the individual is a policyholder who maintains insurance ...
- Texas Insurance Code Section 911.060 - General Powers Of Board Of Directors
The board of directors of a farm mutual insurance company has the powers provided by: (1) this chapter; and (2) the company's charter, constitution, and ...
- Texas Insurance Code Section 911.061 - Authority To Borrow Money
(a) The board of directors of a farm mutual insurance company, acting through its authorized officers, may borrow money in an amount determined to be ...
- Texas Insurance Code Section 911.062 - Removal Of Officer Or Director
(a) The board of directors of a farm mutual insurance company, at a meeting, may remove an officer or director of the company if, by ...
- Texas Insurance Code Section 911.063 - Creation Of Local Chapters And Districts
(a) A farm mutual insurance company's bylaws may provide for: (1) the organization of local chapters to transact the company's business; and (2) the creation ...
- Texas Insurance Code Section 911.064 - Policyholder Meetings
(a) A farm mutual insurance company shall hold a policyholder meeting to elect directors and transact business at the time and place and in the ...
- Texas Insurance Code Section 911.065 - Voting By Policyholder
(a) Each policyholder of a farm mutual insurance company is entitled to only one vote at a policyholders' meeting. (b) A policyholder may not vote ...
- Texas Insurance Code Section 911.066 - Authority To Prohibit Waiver Of Bylaws
A farm mutual insurance company may provide in its bylaws that a company adjuster, representative appointed by the company, or local chapter or officer or ...
- Texas Insurance Code Section 911.067 - Application For Extension Of Charter For Certain Companies; Term
(a) Before a farm mutual insurance company's charter expires, the company may apply to the department for an extension of the company's charter if: (1) ...
- Texas Insurance Code Section 911.101 - Authority To Engage In Business
Except to the extent of any conflict with this chapter, a farm mutual insurance company must hold a certificate of authority under Section 801.051 to ...
- Texas Insurance Code Section 911.151 - Kinds Of Insurance Authorized
(a) A farm mutual insurance company may insure property against loss or damage by: (1) fire, lightning, explosion, theft, windstorm, hurricane, hail, riot, civil commotion, ...
- Texas Insurance Code Section 911.152 - Property And Hazards Against Which Company May Not Insure
(a) A farm mutual insurance company may not insure: (1) a building, or the building's contents, with more than 40 percent of the building's floor ...
- Texas Insurance Code Section 911.153 - Contract Terms: Incorporation Of Bylaws
(a) A farm mutual insurance company's bylaws are part of each contract between the company and an insured. (b) Each policy issued by the company ...
- Texas Insurance Code Section 911.154 - Contract Terms: Adoption Of Additional Provisions
(a) A farm mutual insurance company may adopt as part of the company's bylaws and insurance policies any provision contained in the standard policies of ...
- Texas Insurance Code Section 911.155 - Repair Or Replacement Of Insured Property
The company's bylaws may authorize the company to require, at its option, that all or a percentage of the money paid for a loss be ...
- Texas Insurance Code Section 911.201 - Payment Of Premium Or Assessment
(a) A farm mutual insurance company's bylaws must: (1) state the time and manner of the levy and payment of a premium or assessment for ...
- Texas Insurance Code Section 911.202 - Nonpayment Of Premiums Or Assessments: Filing Of Action
(a) A farm mutual insurance company may bring an action in the county in which the company's home office is located against a policyholder who ...
- Texas Insurance Code Section 911.203 - Policyholder Liability
A policyholder is liable for the losses of a farm mutual insurance company only as provided by the company's constitution and bylaws, and only in ...
- Texas Insurance Code Section 911.251 - Licensing And Appointment Of Certain Agents
(a) An individual or firm may not solicit, write, sign, execute, or deliver insurance policies, bind insurance risks, collect premiums, or otherwise act on behalf ...
- Texas Insurance Code Section 911.301 - General Operating Requirements
(a) In this section, "rural property" means property located outside an area of land subject to the taxing authority of a municipality with a population ...
- Texas Insurance Code Section 911.302 - Location Of Business
(a) Except as provided by Subsection (b), a farm mutual insurance company may write insurance in: (1) the county in which the company's home office ...
- Texas Insurance Code Section 911.303 - Reinsurance
(a) A farm mutual insurance company may reinsure the company's risks with another company against any hazard against which the farm mutual insurance company is ...
- Texas Insurance Code Section 911.304 - Annual Reports Required
(a) A farm mutual insurance company shall annually prepare a written report as required by this section and submit the report to the company's policyholders. ...
- Texas Insurance Code Section 911.305 - Examination Of Company
The department shall examine each farm mutual insurance company as often as the department determines necessary. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 911.306 - Solvency Requirements
(a) A farm mutual insurance company is solvent if: (1) the company's assets, including the policyholders' contingent liability for the company's losses, are reasonably sufficient ...
- Texas Insurance Code Section 911.307 - Reserve Requirements
(a) A farm mutual insurance company's board of directors may provide for the accumulation of reserve funds. (b) The company shall invest the reserve funds ...
- Texas Insurance Code Section 911.308 - Surplus Requirements
(a) A farm mutual insurance company organized between January 1, 1955, and May 21, 1973, shall maintain an unencumbered surplus of $2 for each $100 ...
- Texas Insurance Code Section 912.001 - Definitions
In this chapter: (1) "Member" includes a policyholder or another person who is insured by a county mutual insurance company. (2) "Policy" includes a certificate ...
- Texas Insurance Code Section 912.002 - Limited Exemption From Insurance Laws; Applicability Of Certain Laws
(a) A county mutual insurance company is exempt from the operation of all insurance laws of this state except laws that are made applicable by ...
- Texas Insurance Code Section 912.003 - Fees
The department shall charge and collect a fee in the amount of $1 for the issuance of a county mutual insurer's certificate of authority. Added ...
- Texas Insurance Code Section 912.004 - Formation Of New County Mutual Company Prohibited
A new county mutual insurance company may not be formed under this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 912.005 - Limitation On Transfer Of Business To County Mutual Insurance Company
An insurer may not transfer more than 10 percent of the insurer's insurance policies to a county mutual insurance company without the prior approval of ...
- Texas Insurance Code Section 912.051 - Applicability Of Texas Non-Profit Corporation Act
(a) Except to the extent of any conflict with this code, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies ...
- Texas Insurance Code Section 912.052 - Eligibility Of Board Of Directors; Term
(a) An individual is eligible to serve as a director of a county mutual insurance company if the individual is a policyholder who maintains insurance ...
- Texas Insurance Code Section 912.053 - General Powers Of Board Of Directors
The board of directors of a county mutual insurance company has the powers provided by the company's charter. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 912.054 - Authority To Borrow Money
(a) The board of directors of a county mutual insurance company may borrow money in an amount determined to be necessary to pay the company's ...
- Texas Insurance Code Section 912.055 - Charter And Articles Of Incorporation
The charter and articles of incorporation of a county mutual insurance company must state: (1) the name of the company, which must include the words ...
- Texas Insurance Code Section 912.056 - Creation Of Local Chapters And Districts
(a) A county mutual insurance company's bylaws may provide for: (1) the organization of local chapters to transact the company's business; and (2) the creation ...
- Texas Insurance Code Section 912.057 - Policyholder Meetings
(a) A county mutual insurance company shall hold a policyholder meeting to elect directors and transact business at the time and place and in the ...
- Texas Insurance Code Section 912.058 - Voting By Policyholders
(a) Each policyholder of a county mutual insurance company is entitled to only one vote at a policyholders' meeting. (b) A policyholder may not vote ...
- Texas Insurance Code Section 912.059 - Amendment To Bylaws
(a) A majority of the members of a county mutual insurance company, either in person or by proxy when ratified by the board of directors, ...
- Texas Insurance Code Section 912.060 - Authority To Prohibit Waiver Of Bylaws
A county mutual insurance company may provide in its bylaws that a local chapter or an officer or agent elected by the local chapter may ...
- Texas Insurance Code Section 912.061 - Application For Extension Of Charter; Term
(a) Before a county mutual insurance company's charter or extension of the charter expires, the company may apply to the department for an extension of ...
- Texas Insurance Code Section 912.101 - Operation Under Certificate Of Authority
A county mutual insurance company engages in the business of insurance under a certificate of authority issued by the department. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 912.102 - Authority To Engage In Business
A county mutual insurance company may engage in the business of insurance in accordance with this chapter and other applicable laws only if: (1) the ...
- Texas Insurance Code Section 912.151 - Kinds Of Insurance Authorized
(a) A county mutual insurance company that qualifies to write casualty lines for statewide operation may write all lines of automobile insurance. The company may ...
- Texas Insurance Code Section 912.152 - Policy Forms
(a) A county mutual insurance company is subject to Articles 5.06, 5.35, and 5.145. (b) County mutual insurance companies shall file policy forms under Article ...
- Texas Insurance Code Section 912.153 - Contract Terms: Incorporation Of Bylaws
(a) A county mutual insurance company's bylaws are part of each contract between the company and an insured. (b) Each policy issued by the company ...
- Texas Insurance Code Section 912.154 - Amount Of Insurance Under Multiple Hazards Policy
The amount of risk or insurance coverage in a policy that insures a risk against more than one hazard is the maximum loss the county ...
- Texas Insurance Code Section 912.155 - Repair Or Replacement Of Insured Property
(a) The county mutual insurance company's bylaws may authorize the company to require, at its option, that all or a percentage of the money paid ...
- Texas Insurance Code Section 912.156 - Contesting Claim For Certain Purposes Prohibited
(a) In this section, "full payment" means payment of the full amount of a loss actually sustained on the occurrence of the contingency against which ...
- Texas Insurance Code Section 912.157 - Denial Of Claim: Notice Required
(a) A county mutual insurance company shall notify a claimant of the company's intent to deny liability on a claim not later than the 60th ...
- Texas Insurance Code Section 912.201 - Schedule Of Charges
A county mutual insurance company shall file with the department a schedule of the amounts the company charges a policyholder or an applicant for a ...
- Texas Insurance Code Section 912.202 - Payment Of Premium Or Assessment
(a) A county mutual insurance company's bylaws must: (1) state the time and manner of the levy and payment of a premium or assessment for ...
- Texas Insurance Code Section 912.203 - Nonpayment Of Premium Or Assessment: Filing Of Action
(a) A county mutual insurance company may bring an action in the home county of the company against a policyholder who defaults on the payment ...
- Texas Insurance Code Section 912.204 - Policyholder Liability
A policyholder is liable for the losses of a county mutual insurance company only as provided by Section 912.202 and the company's bylaws, and only ...
- Texas Insurance Code Section 912.251 - Licensing And Appointment Of Agents
An agent for a county mutual insurance company must be licensed and appointed as provided by Subchapter A, Chapter 21. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 912.301 - Report Regarding Condition Of Company
(a) The commissioner may, at any time the commissioner determines advisable, compel written reports from a county mutual insurance company regarding the company's condition. (b) ...
- Texas Insurance Code Section 912.302 - Annual Statement Fee
The department shall charge and the comptroller shall collect a fee of $20 for the filing of an annual statement by a county mutual insurance ...
- Texas Insurance Code Section 912.303 - Books And Records
(a) A county mutual insurance company shall maintain the company's books and records in a form and manner that accurately reflects the condition of the ...
- Texas Insurance Code Section 912.304 - Reinsurance
(a) A county mutual insurance company may reinsure any or all of the company's risks with another company against any hazard against which the county ...
- Texas Insurance Code Section 912.305 - Security Deposit
(a) A county mutual insurance company shall maintain with the comptroller through the department a deposit in cash or, subject to the commissioner's approval, convertible ...
- Texas Insurance Code Section 912.306 - Required Bonds
(a) A county mutual insurance company shall obtain a bond for: (1) the officer responsible for handling the funds of the company's members; and (2) ...
- Texas Insurance Code Section 912.307 - Reserve Requirements
(a) A county mutual insurance company shall maintain unearned premium reserves as provided by Section 862.102. (b) The company shall invest the unearned premium reserves ...
- Texas Insurance Code Section 912.308 - Amount And Investment Of Surplus
(a) A county mutual insurance company shall maintain an unencumbered surplus which may be invested only in items listed in Section 822.204. The unencumbered surplus ...
- Texas Insurance Code Section 912.309 - Policyholder Loans To Company
(a) A policyholder may loan to a county mutual insurance company money as necessary: (1) for the company to engage in the company's business; or ...
- Texas Insurance Code Section 912.310 - Certain Companies Exempt
(a) Chapter 196, Acts of the 53rd Legislature, Regular Session, 1953, and Chapter 117, Acts of the 54th Legislature, Regular Session, 1955, do not apply ...
- Texas Insurance Code Section 912.701 - Hazardous Financial Condition, Supervision, Conservatorship, And Liquidation
Articles 1.32, 21.28, and 21.28-A apply to a county mutual insurance company engaged in the business of insurance in this state. Added by Acts 2001, ...
- Texas Insurance Code Section 912.751 - Officer Or Director Unworthy Of Trust: Removal And Revocation Of Certificate Of Authority
(a) After notice and hearing, the commissioner shall order the removal of an officer or director of a county mutual insurance company holding a certificate ...
- Texas Insurance Code Section 912.752 - Fraudulent Operation Or Improper Contests: Revocation Of Certificate Of Authority
After notice and hearing, the commissioner shall revoke the certificate of authority of a county mutual insurance company that is: (1) operating fraudulently; or (2) ...
- Texas Insurance Code Section 912.753 - Time Limit To Appeal
An individual or a county mutual insurance company may appeal an order or a ruling of the commissioner under this chapter not later than the ...
- Texas Insurance Code Section 912.801 - Violation Of Chapter; Criminal Penalty
(a) Except as otherwise provided by this subchapter, a person, including a director, officer, agent, employee, attorney at law, or attorney in fact of a ...
- Texas Insurance Code Section 912.802 - Conversion; Criminal Penalty
(a) A director, officer, agent, employee, attorney at law, or attorney in fact of a county mutual insurance company commits an offense if the person ...
- Texas Insurance Code Section 912.803 - Unlawful Diversion Of Funds; Criminal Penalty
(a) A director, officer, agent, employee, attorney at law, or attorney in fact of a county mutual insurance company commits an offense if the person ...
- Texas Insurance Code Section 912.804 - False Affidavit; Criminal Penalty
(a) An officer, director, agent, employee, attorney at law, or attorney in fact of a county mutual insurance company commits an offense if the person ...
- Texas Insurance Code Section 941.001 - Definitions
In this chapter: (1) "Affiliate" has the meaning described by Section 823.003. (2) "Attorney in fact" means an attorney in fact authorized under a power ...
- Texas Insurance Code Section 941.002 - Lloyd's Plan Insurance Authorized; Life Insurance Prohibited
(a) Except as provided by Subsection (b), a Lloyd's plan may write any kind of insurance that may be lawfully written in this state, including: ...
- Texas Insurance Code Section 941.003 - Limited Exemption From Insurance Laws; Application Of Certain Laws
(a) A Lloyd's plan is exempt from the operation of all insurance laws of this state except as specifically provided in this chapter or unless ...
- Texas Insurance Code Section 941.004 - Withdrawal From The Business Of Insurance
(a) A Lloyd's plan may withdraw from the business of insurance only if the department determines that adequate provision has been made, through reinsurance or ...
- Texas Insurance Code Section 941.051 - Formation Of Lloyd's Plan
(a) To write insurance on the Lloyd's plan, underwriters must: (1) execute articles of agreement expressing the intent to write insurance; and (2) comply with ...
- Texas Insurance Code Section 941.052 - Attorney In Fact
(a) The attorney in fact may execute insurance policies for the Lloyd's plan. (b) The principal office of the attorney in fact must be maintained ...
- Texas Insurance Code Section 941.053 - Deputy Or Substitute Attorney In Fact
An appointed deputy attorney in fact or substitute attorney in fact for an attorney in fact holding a certificate of authority under this chapter and ...
- Texas Insurance Code Section 941.054 - Name Of Lloyd's Plan
The name under which a Lloyd's plan engages in business: (1) must contain the word "Lloyd's"; and (2) may not be so similar to any ...
- Texas Insurance Code Section 941.101 - Certificate Of Authority Required
(a) An attorney in fact may not write insurance in this state or for residents of this state or covering property located in this state ...
- Texas Insurance Code Section 941.102 - Application For Certificate Of Authority
(a) The attorney in fact shall file with the department a verified application for a certificate of authority that states: (1) the name of the ...
- Texas Insurance Code Section 941.103 - Issuance Of Certificate Of Authority
On determination by the department that the underwriters and attorney in fact have complied with the law, the department shall, in accordance with Sections 801.001, ...
- Texas Insurance Code Section 941.151 - Liability Of Underwriter
(a) Subject to Subsection (c), an underwriter by contract with the persons insured may limit the underwriter's liability to the percentage of the loss that ...
- Texas Insurance Code Section 941.152 - Liability Of Additional Or Substituted Underwriter
An additional or substituted underwriter is liable in the same manner and to the same extent as an original subscriber to the articles of agreement ...
- Texas Insurance Code Section 941.153 - Accrual Of Profits
The profits of a Lloyd's plan may accrue to an underwriter only on the basis of the underwriter's actual investment in cash or convertible securities, ...
- Texas Insurance Code Section 941.154 - Assumption Of Risk By Certain Affiliated Insurers
An insurer who is subject to Article 5.26 may not directly or indirectly assume all or a substantial part of a risk covered by a ...
- Texas Insurance Code Section 941.155 - Promotion Of Lloyd's Plan
(a) An individual, firm, or corporation may not be instrumental in organizing a Lloyd's plan if, in the organization of the Lloyd's plan, compensation is ...
- Texas Insurance Code Section 941.156 - Reinsurance Permitted
This chapter does not prevent a domestic Lloyd's plan from reinsuring: (1) the Lloyd's plan's excess lines with a solvent foreign Lloyd's plan acceptable to ...
- Texas Insurance Code Section 941.201 - Required Net Assets
The department may not issue a certificate of authority to an attorney in fact unless the net assets contributed to the attorney in fact, a ...
- Texas Insurance Code Section 941.202 - Limitation Of Business
(a) Except as provided by Subsection (c), a Lloyd's plan may not assume or write insurance risks in this state, for residents of this state, ...
- Texas Insurance Code Section 941.203 - Computation Of Reserve
A Lloyd's plan shall compute reserve liabilities for outstanding business and incurred losses on the same basis required for a stock insurance company engaged in ...
- Texas Insurance Code Section 941.204 - Authorized Investments
(a) The minimum guaranty fund and surplus required of a Lloyd's plan under Sections 822.054, 822.202, 822.210, 822.211, and 941.201 must be: (1) in cash; ...
- Texas Insurance Code Section 941.205 - Joint Control Of Minimum Assets
(a) To the extent of the minimum required under this subchapter, the assets of a Lloyd's plan must be made subject to the joint control ...
- Texas Insurance Code Section 941.206 - Hazardous Financial Condition, Supervision, Conservatorship, And Liquidation; Impairment Of Surplus
(a) Articles 1.32, 21.28, and 21.28-A apply to a Lloyd's plan engaged in the business of insurance in this state. (b) Section 5, Article 1.10, ...
- Texas Insurance Code Section 941.251 - Examinations
(a) The provisions of Articles 1.15 and 1.16 that relate to the examination of insurers apply to a Lloyd's plan. (b) The department may examine ...
- Texas Insurance Code Section 941.252 - Annual Report
(a) An attorney in fact shall annually file with the department a verified report on a form prepared by the department of: (1) the business ...
- Texas Insurance Code Section 941.301 - Foreign Lloyd's Plan; Bond Or Minimum Net Assets Required
(a) Except as provided by Subsection (b), the commissioner may not issue a certificate of authority to an attorney in fact if: (1) the underwriters ...
- Texas Insurance Code Section 941.302 - Bond Of Foreign Lloyd's Plan
(a) A bond filed under Section 941.301 must: (1) be executed by corporate sureties that: (A) meet the requirements imposed by the department; and (B) ...
- Texas Insurance Code Section 941.351 - Conversion Authorized
The underwriters may convert a Lloyd's plan to a capital stock insurance company governed by Chapter 822 by complying with this subchapter. Added by Acts ...
- Texas Insurance Code Section 941.352 - Adoption Of Conversion Plan
The underwriters by a two-thirds vote may adopt a plan to convert the Lloyd's plan to a capital stock insurance company. Added by Acts 2001, ...
- Texas Insurance Code Section 941.353 - Requirements Of Conversion Plan
The conversion plan must provide that a capital stock insurance company will be formed in accordance with Chapter 822, except that: (1) the company's required ...
- Texas Insurance Code Section 941.354 - Commissioner Approval Of Conversion Plan
On the commissioner's approval of the conversion plan and the formation of the capital stock insurance company, all assets, interests, obligations, and liabilities of the ...
- Texas Insurance Code Section 941.355 - Conversion Of Member Of Holding Company System
If the Lloyd's plan is a member of a holding company system identified in registration information that the Lloyd's plan filed with the department in ...
- Texas Insurance Code Section 941.701 - Revocation Of Certificate Of Authority
The commissioner shall revoke a certificate of authority issued to an attorney in fact if the attorney in fact or an underwriter violates this chapter ...
- Texas Insurance Code Section 941.702 - Criminal Penalty
(a) A person commits an offense if the person, as a principal, attorney in fact, agent, broker, or other representative, engages in the business of ...
- Texas Insurance Code Section 942.001 - Definitions
In this chapter: (1) "Attorney in fact" means an individual, firm, or corporation who, under a power of attorney or other appropriate authorization of the ...
- Texas Insurance Code Section 942.002 - Subscriber Insurance Coverage Through Exchange Authorized; Life Insurance Prohibited
(a) Except as provided by Subsection (c), subscribers of this state may exchange reciprocal or interinsurance contracts with other subscribers of this state or of ...
- Texas Insurance Code Section 942.003 - Limited Exemption From Insurance Laws; Applicability Of Certain Laws
(a) An exchange is exempt from the operation of all insurance laws of this state except as specifically provided in this chapter or unless exchanges ...
- Texas Insurance Code Section 942.051 - Appointment Of Attorney In Fact; Approval By Department Of Power Of Attorney Or Other Authorization Required
(a) A reciprocal or interinsurance contract may be executed by an attorney in fact appointed by the subscribers of an exchange. (b) A corporation may ...
- Texas Insurance Code Section 942.052 - Security Requirements
(a) Except as provided by Subsection (d), to act as an attorney in fact, an individual, firm, or corporation must execute a good and sufficient ...
- Texas Insurance Code Section 942.053 - Subscriber Declaration
(a) On entering into a reciprocal or interinsurance contract, the subscribers, through the attorney in fact, shall file with the department a declaration verified by ...
- Texas Insurance Code Section 942.054 - Name Of Exchange
(a) The name of an exchange must contain the term "reciprocal," "inter-insurance exchange," "underwriters," "association," "exchange," "underwriting," "inter-insurers," or "inter-insurors." (b) The name selected for ...
- Texas Insurance Code Section 942.055 - Office Locations
The attorney in fact shall maintain the offices of the exchange at the places designated by the subscribers in the power of attorney or other ...
- Texas Insurance Code Section 942.101 - Certificate Of Authority Required; Effect On Foreign Corporations
(a) An attorney in fact must hold a certificate of authority issued by the department under Sections 801.001, 801.002, 801.051-801.055, 801.057, 801.101, and 801.102. A ...
- Texas Insurance Code Section 942.151 - Subscriber Liability For Certain Contingent Premiums
(a) Except as provided by Section 942.152 and Subsection (b), if a certificate of authority is issued as provided by Subchapter C, the power of ...
- Texas Insurance Code Section 942.152 - Subscriber Limited Liability Based On Certain Minimum Capital And Surplus
If the unencumbered surplus of an exchange is at least equal to the minimum capital stock and minimum surplus required of a stock insurance company ...
- Texas Insurance Code Section 942.153 - Prior Authority Not Affected
This chapter does not affect any authority that existed before September 6, 1955, that allowed the subscribers of an exchange and their attorney in fact ...
- Texas Insurance Code Section 942.154 - Statements Relating To Indemnity Amounts
(a) The attorney in fact for an exchange shall file with the department a sworn statement that shows the maximum amount of indemnity on any ...
- Texas Insurance Code Section 942.155 - Financial Requirements
(a) An exchange shall maintain at all times an unencumbered surplus over and above all liabilities that is at least equal to the minimum capital ...
- Texas Insurance Code Section 942.156 - Issuance Of Fidelity And Surety Bond Insurance; Deposit Required
(a) If a domestic exchange writes fidelity or surety bond insurance in this state, the exchange shall keep on deposit with the comptroller money, bonds, ...
- Texas Insurance Code Section 942.157 - Transactions Between Certain Insurers And Affiliated Exchanges
(a) In this section, "affiliate" has the meaning assigned by Section 823.003. (b) An insurer subject to Article 5.26 may not directly or indirectly assume ...
- Texas Insurance Code Section 942.158 - Advances Of Money By Attorney In Fact
(a) The attorney in fact for an exchange may advance to the exchange any amount of money necessary to conduct the business of the exchange, ...
- Texas Insurance Code Section 942.159 - Violation By Attorney In Fact Of Requirements Regarding Indemnity Contracts; Criminal Penalty
(a) An attorney in fact commits an offense if the attorney in fact: (1) exchanges a reciprocal or interinsurance contract without first complying with the ...
- Texas Insurance Code Section 942.201 - Annual Report
(a) Not later than March 1 of each year, the attorney in fact for an exchange shall submit to the commissioner a report covering the ...
- Texas Insurance Code Section 942.202 - Examination By Department
The business affairs and assets of an exchange, as shown at the office of the attorney in fact, are subject to examination by the department. ...
- Texas Insurance Code Section 942.203 - Fees; Taxes; Filing Fee
(a) To the extent applicable, the schedule of fees established under Article 4.07 applies to an exchange and the exchange's attorney in fact. (b) An ...
- Texas Insurance Code Section 961.001 - Definitions
In this chapter: (1) "Applicant" means a person applying for a contract for legal services to be performed through a nonprofit legal services corporation. (2) ...
- Texas Insurance Code Section 961.002 - Applicability Of Other Laws
(a) The Texas Miscellaneous Corporation Laws Act (Article 1302-1.01 et seq., Vernon's Texas Civil Statutes) and the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq. ...
- Texas Insurance Code Section 961.003 - Corporation Subject To Department Regulation
Each nonprofit legal services corporation is subject to this chapter and to direct regulation by the department. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 961.004 - Corporation Not Engaged In Business Of Insurance
A nonprofit legal services corporation that complies with this chapter is not engaged in the business of insurance and, except as provided by Section 961.002(b), ...
- Texas Insurance Code Section 961.005 - Agents
The licensing and regulation of an agent authorized to solicit prepaid legal services contracts for a nonprofit legal services corporation is subject to Subchapter A, ...
- Texas Insurance Code Section 961.051 - Application For Corporate Charter; Nonprofit Status Required
(a) Seven or more persons may apply to the secretary of state for a corporate charter under the Texas Non-Profit Corporation Act (Article 1396-1.01 et ...
- Texas Insurance Code Section 961.052 - Minimum Participation Requirements
(a) After incorporation and before engaging in business other than seeking applicants and obtaining contracting attorneys, a nonprofit legal services corporation must collect in advance ...
- Texas Insurance Code Section 961.101 - Issuance Of Certificate Of Authority
(a) The department shall issue a certificate of authority to a nonprofit legal services corporation to engage in business if the corporation: (1) files a ...
- Texas Insurance Code Section 961.102 - Revocation Of Certificate Of Authority
(a) After a hearing, the commissioner shall revoke the certificate of authority of a nonprofit legal services corporation if: (1) the commissioner determines the corporation ...
- Texas Insurance Code Section 961.151 - Compensation Of Directors
A director of a nonprofit legal services corporation may not receive salary or other compensation for the director's services but may receive reimbursement for reasonable ...
- Texas Insurance Code Section 961.152 - Financial Officer; Bond
(a) A nonprofit legal services corporation, by resolution entered in its minutes, shall designate one or more officers to be responsible for handling the corporation's ...
- Texas Insurance Code Section 961.153 - Bond Requirements For Certain Persons
(a) In addition to the bond required by Section 961.152, a nonprofit legal services corporation shall obtain a separate or blanket surety bond covering each ...
- Texas Insurance Code Section 961.201 - Plan Of Operation; Expense Fund Balance
(a) Before accepting applications for participation in a legal services plan, a nonprofit legal services corporation must: (1) have sufficient money in its expense fund ...
- Texas Insurance Code Section 961.202 - Annual Statement
(a) Not later than March 1 of each year, each nonprofit legal services corporation shall file with the department an annual statement that covers the ...
- Texas Insurance Code Section 961.203 - Claim Fund; Expense Fund
(a) A nonprofit legal services corporation shall maintain a claim fund and an expense fund. (b) The claim fund is composed of: (1) application fees; ...
- Texas Insurance Code Section 961.204 - Deposit Requirements
A nonprofit legal services corporation shall deposit money collected from applicants or participants in an account of the corporation in a public bank. The bank ...
- Texas Insurance Code Section 961.205 - Solvency Of Funds
As a condition of holding a certificate of authority under this chapter, a nonprofit legal services corporation shall maintain the solvency of each fund so ...
- Texas Insurance Code Section 961.206 - Advance To Corporation
Any person may advance to a nonprofit legal services corporation, on a contingent liability basis, money necessary for the purposes of the corporation's business or ...
- Texas Insurance Code Section 961.207 - Participation Agreements
(a) Subject to Subsection (b), a nonprofit legal services corporation may: (1) contract with another nonprofit legal services corporation or an insurer authorized to engage ...
- Texas Insurance Code Section 961.208 - Exclusive Agency Contract Or Management Contract
(a) A nonprofit legal services corporation may not enter into an exclusive agency contract or management contract unless the contract has been approved by the ...
- Texas Insurance Code Section 961.209 - Remedies For Corporation In Hazardous Financial Condition
(a) If the commissioner determines that a nonprofit legal services corporation's financial condition is such that the continued operation of the corporation may be hazardous ...
- Texas Insurance Code Section 961.210 - Rules Relating To Hazardous Financial Condition
(a) The commissioner by rule may establish: (1) uniform standards and criteria for early warning that the continued operation of a nonprofit legal services corporation ...
- Texas Insurance Code Section 961.211 - Books And Records
(a) A nonprofit legal services corporation shall keep complete books and records of all money collected and disbursed. (b) The department may examine books and ...
- Texas Insurance Code Section 961.212 - Fees
(a) The commissioner shall charge each of the following fees in an amount prescribed by the commissioner not to exceed: (1) $400 for filing an ...
- Texas Insurance Code Section 961.251 - Applicants; Benefit Certificate
(a) A nonprofit legal services corporation may accept applicants and shall issue a benefit certificate to each applicant that becomes a participant under a legal ...
- Texas Insurance Code Section 961.252 - Approval Of Forms
A benefit certificate, application form, or contract between a nonprofit legal services corporation and a participant's employer or group representative must be in a form ...
- Texas Insurance Code Section 961.253 - Types Of Legal Services Contracts
A nonprofit legal services corporation may issue legal services contracts on an individual, group, or franchise basis. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 961.254 - Indemnity Contracts
(a) A nonprofit legal services corporation may issue a contract for legal services, as provided by rules adopted by the commissioner, providing for indemnity for ...
- Texas Insurance Code Section 961.255 - Limitations On Benefits
A contract for legal services and a benefit certificate issued by a nonprofit legal services corporation may limit: (1) the types and extent of benefits; ...
- Texas Insurance Code Section 961.256 - Claims
(a) A nonprofit legal services corporation shall pay a lawful claim for payment under a benefit certificate not later than the 120th day after the ...
- Texas Insurance Code Section 961.301 - Contracts With Attorneys
(a) A nonprofit legal services corporation may contract with attorneys as provided by this chapter to ensure to each participant legal services performed by the ...
- Texas Insurance Code Section 961.302 - Agreement Of Contracting Attorneys
The contracting attorneys shall: (1) guarantee to the participants the services stated under the participants' benefit certificates, except as provided by Section 961.254; and (2) ...
- Texas Insurance Code Section 961.303 - Limitations On Corporation's Relationship With Attorneys And Participants
(a) A nonprofit legal services corporation may not: (1) contract to practice law; or (2) control or attempt to control the relationship existing between a ...
- Texas Insurance Code Section 961.304 - Contract With Any Attorney Required
A nonprofit legal services corporation must agree to contract under Section 961.301 with any attorney licensed to practice law in this state. Added by Acts ...
- Texas Insurance Code Section 961.305 - Attorney Insurance Required
(a) Each contracting attorney shall maintain professional liability and errors and omissions insurance as required by the nonprofit legal services corporation with which the attorney ...
- Texas Insurance Code Section 961.306 - Payment Only For Services Provided
A nonprofit legal services corporation may not pay any of the claim funds collected from participants to an attorney except for legal services that the ...
- Texas Insurance Code Section 961.307 - Complaint Regarding Attorney
If the department receives a complaint concerning the performance of an attorney connected with a nonprofit legal services corporation, the department shall refer the complaint ...
- Texas Insurance Code Section 961.401 - Supervision By Department
The department shall supervise any dissolution or liquidation of a nonprofit legal services corporation. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. ...
- Texas Insurance Code Section 961.402 - Voluntary Dissolution
(a) The board of directors of a nonprofit legal services corporation may vote to dissolve the corporation at any time, but the corporation may not ...
- Texas Insurance Code Section 961.403 - Involuntary Dissolution
If the commissioner after notice and hearing determines that a nonprofit legal services corporation is insolvent or has violated this chapter, the corporation's affairs shall ...
- Texas Insurance Code Section 961.404 - Priority Of Claims
In a dissolution of a nonprofit legal services corporation, participants' claims have priority over all other claims except costs of liquidation. Added by Acts 2001, ...
- Texas Insurance Code Section 962.001 - General Definitions
Text of section effective April 1, 2007 In this chapter: (1) "Insured" means an individual whose indemnification against income loss is provided because of ...
- Texas Insurance Code Section 962.002 - Job Protection Insurance Defined
Text of section effective April 1, 2007 (a) In this chapter, "job protection insurance" means insurance providing indemnity that is: (1) paid for loss ...
- Texas Insurance Code Section 962.003 - Compliance With Chapter Required
Text of section effective April 1, 2007 An insurer must comply with this chapter to write the insurance coverages authorized by Section 962.101. Added ...
- Texas Insurance Code Section 962.004 - Applicability Of Other Law
Text of section effective April 1, 2007 An insurer operating under this chapter is subject to the following provisions, if not in conflict with ...
- Texas Insurance Code Section 962.005 - Agents
Text of section effective April 1, 2007 Title 13 applies to the licensing and regulation of an agent authorized to solicit job protection insurance ...
- Texas Insurance Code Section 962.051 - Qualifications For Certificate Of Authority
Text of section effective April 1, 2007 An insurer may not be issued a certificate of authority to operate under this chapter unless: (1) ...
- Texas Insurance Code Section 962.052 - Issuance Of Certificate Of Authority
Text of section effective April 1, 2007 (a) The commissioner shall issue a certificate of authority to a domestic or foreign insurer that applies ...
- Texas Insurance Code Section 962.053 - Compliance With State Law Required
Text of section effective April 1, 2007 A certificate of authority issued under this chapter continues in effect on the condition that the insurer ...
- Texas Insurance Code Section 962.054 - Insurers Not Meeting Certain Requirements
Text of section effective April 1, 2007 To write the insurance coverages authorized by Section 962.101, a domestic or foreign insurer that does not ...
- Texas Insurance Code Section 962.055 - Capital And Surplus Requirements
Text of section effective April 1, 2007 A domestic or foreign insurer operating under this chapter shall maintain the minimum capital and surplus required ...
- Texas Insurance Code Section 962.101 - Authorized Coverages
Text of section effective April 1, 2007 A domestic or foreign insurer operating under this chapter may write: (1) job protection insurance; and (2) ...
- Texas Insurance Code Section 962.102 - Other Coverages Prohibited
Text of section effective April 1, 2007 A domestic or foreign insurer operating under this chapter may not write coverage that is not authorized ...
- Texas Insurance Code Section 962.103 - Applicability Of Guaranty Fund Law
Text of section effective April 1, 2007 A guaranty fund established under this code does not provide coverage for insurance written under this chapter ...
- Texas Insurance Code Section 962.701 - Prohibited Acts; Offense
Text of section effective April 1, 2007 (a) A person may not: (1) provide coverage described by Section 962.101 unless the person holds a ...
- Texas Insurance Code Section 962.702 - Refusal To Issue Or Renew Certificate Of Authority Or License; Suspension Or Revocation
Text of section effective April 1, 2007 If, after notice and hearing, the commissioner finds that the applicant, certificate holder, or license holder has violated ...
- Texas Insurance Code Section 981.001 - Purpose
(a) An insurance transaction that is entered into by a resident of this state with an eligible surplus lines insurer through a surplus lines agent ...
- Texas Insurance Code Section 981.002 - Definitions
In this chapter: (1) "Eligible surplus lines insurer" means an insurer that is not an authorized insurer, but that is eligible under Subchapter B, in ...
- Texas Insurance Code Section 981.003 - Applicability Of Chapter
This chapter applies to insurance: (1) of a subject that is resident, located, or to be performed in this state; and (2) that is obtained, ...
- Texas Insurance Code Section 981.004 - Surplus Lines Insurance Authorized
(a) An eligible surplus lines insurer may provide surplus lines insurance only if: (1) the full amount of required insurance cannot be obtained, after a ...
- Texas Insurance Code Section 981.005 - Validity Of Contracts
(a) Unless a material and intentional violation of this chapter or Section 12, Article 1.14-2, exists, an insurance contract obtained from an eligible surplus lines ...
- Texas Insurance Code Section 981.006 - Sanctions
Chapter 82 applies to a surplus lines agent or an eligible surplus lines insurer that violates: (1) this chapter; (2) Section 12, Article 1.14-2; or ...
- Texas Insurance Code Section 981.007 - Liability Of Surplus Lines Insurer For Losses And Unearned Premiums
(a) This section applies if: (1) an eligible surplus lines insurer has assumed a risk under this chapter; and (2) the surplus lines agent who ...
- Texas Insurance Code Section 981.008 - Surplus Lines Insurance Premium Tax
The premiums charged for surplus lines insurance are subject to the premium tax imposed under Section 12, Article 1.14-2. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 981.009 - Rules
The commissioner may adopt rules to implement this chapter or satisfy requirements under federal law or regulations. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 981.051 - Authorization Required
(a) Before an insurer may issue surplus lines insurance, the insurer must hold an authorization to engage in the business of insurance from its domiciliary ...
- Texas Insurance Code Section 981.052 - Good Reputation And Prompt Service Required
To issue surplus lines insurance, an insurer must have a good reputation and provide reasonably prompt service to its policyholders in the payment of just ...
- Texas Insurance Code Section 981.053 - Competence, Trustworthiness, And Experience Required
An insurer may not issue surplus lines insurance if: (1) the insurer's management is: (A) incompetent or untrustworthy; or (B) so lacking in insurance company ...
- Texas Insurance Code Section 981.054 - Certain Preconditions Not Allowed
An eligible surplus lines insurer may not require as a condition precedent to writing new or renewal surplus lines insurance that the insured or prospective ...
- Texas Insurance Code Section 981.055 - Failure To Pay Penalty
An insurer may not issue surplus lines insurance if the insurer or its agents have failed to pay a statutory penalty imposed on the insurer ...
- Texas Insurance Code Section 981.056 - Failure To Pay Premium Taxes
An insurer may not issue surplus lines insurance if the insurer is obligated to pay a premium tax in this state and has not paid ...
- Texas Insurance Code Section 981.057 - Minimum Capital And Surplus Requirements
(a) Except as provided by Subsection (b), an eligible surplus lines insurer must maintain capital and surplus in an amount of at least $15 million. ...
- Texas Insurance Code Section 981.058 - Alien Insurers: Trust Fund Requirement
In addition to meeting the minimum capital and surplus requirements prescribed by Section 981.057, an alien surplus lines insurer must provide evidence that: (1) the ...
- Texas Insurance Code Section 981.059 - Alternative For Certain Insurer Groups
(a) This section applies only to an insurer group that includes unincorporated individual insurers. (b) Instead of the minimum capital and surplus requirements prescribed by ...
- Texas Insurance Code Section 981.060 - Exemption Due To Minimum Premium Level
(a) The commissioner by rule shall exempt an eligible surplus lines insurer from the minimum capital and surplus requirements prescribed by Section 981.057 if the ...
- Texas Insurance Code Section 981.061 - Exemption Due To Certain Insurer Characteristics
The commissioner may exempt an eligible surplus lines insurer from the minimum capital and surplus requirements prescribed by Section 981.057 if the commissioner determines, after ...
- Texas Insurance Code Section 981.062 - Exemption Due To Size Of Insurer And Other Factors
(a) The commissioner may exempt an eligible surplus lines insurer from the minimum capital and surplus requirements prescribed by Section 981.057 if the commissioner determines, ...
- Texas Insurance Code Section 981.063 - Commissioner Or Department Not Responsible For Determining Unauthorized Insurer's Financial Condition Or Claims Practices
This subchapter does not impose on the commissioner or department a responsibility to determine the actual financial condition or claims practices of an unauthorized insurer ...
- Texas Insurance Code Section 981.064 - Commissioner May Order Revocation Of Contracts
The commissioner may order the revocation of an insurance contract issued by an eligible surplus lines insurer that does not meet the eligibility requirements of ...
- Texas Insurance Code Section 981.065 - Applicability To Contract Extension
This subchapter and Sections 981.101(b), 981.210, and 981.211 apply to an extension of an insurance contract beyond its original expiration date. Added by Acts 2001, ...
- Texas Insurance Code Section 981.101 - Requirements For Surplus Lines Documents
(a) In this section, "surplus lines document" means each new or renewal insurance contract, certificate, cover note, or other confirmation of insurance obtained and delivered ...
- Texas Insurance Code Section 981.102 - Limit On Use Of Surplus Lines Policy Or Contract Forms
A surplus lines insurance policy or contract form may not be used unless use of the form is: (1) reasonably necessary for the principal purposes ...
- Texas Insurance Code Section 981.103 - Delivery To Insured Of Surplus Lines Documents
(a) On placing new or renewal surplus lines coverage, a surplus lines agent shall promptly issue and deliver to the insured or to the insured's ...
- Texas Insurance Code Section 981.104 - Delivery To Insured Of Revised Surplus Lines Documents
(a) A surplus lines agent shall promptly deliver to the insured a substitute certificate, cover note, confirmation, or endorsement for the original document showing the ...
- Texas Insurance Code Section 981.105 - Filing With Stamping Office
(a) Not later than the 60th day after the later of the effective date or the issue date of new or renewal surplus lines insurance, ...
- Texas Insurance Code Section 981.151 - Status As Nonprofit Association
The Surplus Lines Stamping Office of Texas is a nonprofit association. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 981.152 - Board Of Directors
(a) The board of directors of the stamping office exercises the powers of the office. (b) The board consists of nine members appointed by the ...
- Texas Insurance Code Section 981.153 - Plan Of Operation
(a) The procedures to administer the stamping office are established by a plan of operation approved by the commissioner. The plan of operation establishes the ...
- Texas Insurance Code Section 981.154 - Powers And Duties
(a) The stamping office shall perform its functions under the plan of operation. (b) The stamping office shall conduct the following activities as provided in ...
- Texas Insurance Code Section 981.155 - Supervision By Commissioner
The commissioner shall supervise the stamping office. The stamping office is subject to the applicable provisions of this code and rules of the commissioner. Added ...
- Texas Insurance Code Section 981.156 - Examination By Commissioner
(a) The commissioner shall examine the stamping office at any time the commissioner considers an examination necessary. (b) The stamping office shall pay the cost ...
- Texas Insurance Code Section 981.157 - Immunity From Liability
A person or entity is not liable for, and a cause of action does not arise out of, an act or omission in performing a ...
- Texas Insurance Code Section 981.158 - Exemption From Public Information Law
(a) An individual surplus lines insurance contract filed with the stamping office is: (1) confidential; and (2) not public information under Chapter 552, Government Code. ...
- Texas Insurance Code Section 981.159 - Exemption From Library And Archives Law
Chapter 441, Government Code, does not apply to the stamping office or its records. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. ...
- Texas Insurance Code Section 981.160 - No Enforcement Authority
This subchapter does not give the stamping office authority to enforce this chapter or Section 12, Article 1.14-2. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 981.201 - Definition
In this subchapter, "managing general agent" means an agent licensed under the Managing General Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance Code). Added by ...
- Texas Insurance Code Section 981.202 - Surplus Lines License Required
An agent licensed by this state may not issue or cause to be issued an insurance contract with an eligible surplus lines insurer unless the ...
- Texas Insurance Code Section 981.203 - Qualifications For Surplus Lines License
(a) The department may issue a surplus lines license to an applicant who the department determines complies with Subsection (b) and is: (1) an individual ...
- Texas Insurance Code Section 981.204 - Classification Of Surplus Lines Agents
The department may classify surplus lines agents and issue a surplus lines license to an agent in accordance with: (1) a classification created under this ...
- Texas Insurance Code Section 981.210 - Placement Of Coverage
A surplus lines agent may not place surplus lines coverage with an insurer unless: (1) the insurer meets the eligibility requirements of Subchapter B; and ...
- Texas Insurance Code Section 981.211 - Financial Condition Of Surplus Lines Insurers
(a) A surplus lines agent must make a reasonable effort to determine the financial condition of an eligible surplus lines insurer before placing insurance with ...
- Texas Insurance Code Section 981.212 - Accepting Surplus Lines Insurance From Other Agents
(a) A surplus lines agent may originate surplus lines insurance or accept surplus lines insurance from another agent who is licensed to handle the kind ...
- Texas Insurance Code Section 981.213 - Filing Contract With Stamping Office
A surplus lines agent shall report to and file with the stamping office a copy of each surplus lines insurance contract as provided in the ...
- Texas Insurance Code Section 981.214 - Compliance With Stamping Office Plan Of Operation
A surplus lines agent shall comply with the stamping office's plan of operation. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June ...
- Texas Insurance Code Section 981.215 - Surplus Lines Agent Records
(a) A surplus lines agent shall maintain a complete record of each surplus lines contract obtained by the agent, including any of the following, if ...
- Texas Insurance Code Section 981.216 - Annual Report
(a) Before March 1 of each year, a surplus lines agent shall submit a report to the department for the preceding calendar year. (b) The ...
- Texas Insurance Code Section 981.217 - Notice To Department Required
(a) A surplus lines agent shall notify the department not later than the 30th day after the date any of the following occurs: (1) balances ...
- Texas Insurance Code Section 981.218 - Department Monitoring Of Surplus Lines Agents
The commissioner shall monitor the activities of surplus lines agents as necessary to protect the public interest. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 981.219 - Advertising
A surplus lines agent may advertise regarding the agent's ability to place surplus lines insurance permitted by this chapter. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 981.220 - Managing General Agents; Limited Authority Of Certain Agents
(a) A managing general agent is not required to hold a local recording agent license to be eligible to receive a surplus lines license. (b) ...
- Texas Insurance Code Section 981.221 - Suspension Or Revocation Of License
If a license holder does not maintain the qualifications necessary to obtain the license, the department may revoke or suspend the license or deny the ...
- Texas Insurance Code Section 981.222 - Applicability Of Other Law
In addition to the requirements of this chapter, the administration and regulation of a surplus lines agent's license is governed by Subchapter A, Chapter 21, ...
- Texas Insurance Code Section 982.001 - Definitions
In this chapter: (1) "Accident insurance company," "health insurance company," "life insurance company," and "United States branch" have the meanings assigned by Section 841.001. (2) ...
- Texas Insurance Code Section 982.002 - Applicability Of Chapter
This chapter applies to any insurance company that is organized under the laws of another state or country and that wants to engage in or ...
- Texas Insurance Code Section 982.003 - Life Insurance Companies Wanting To Loan Money
A life insurance company that wants to loan money in this state but does not want to engage in the business of life insurance in ...
- Texas Insurance Code Section 982.004 - Financial Statements Of Foreign Or Alien Insurance Companies
(a) Each foreign insurance company shall file with the department a statement in the form required by Section 982.101 or 982.102 not later than March ...
- Texas Insurance Code Section 982.051 - Certificate Of Authority Required For Life, Health, Or Accident Companies
A foreign insurance company may not engage in the business of insurance as a life insurance company, accident insurance company, life and accident insurance company, ...
- Texas Insurance Code Section 982.052 - Certificate Of Authority Required For Other Companies
Except as provided by Chapter 101 or 981, a foreign or alien insurance company, other than a life insurance company, accident insurance company, life and ...
- Texas Insurance Code Section 982.101 - Filing Of Financial Statement By Life, Health, Or Accident Insurance Company
A foreign or alien life insurance company, accident insurance company, life and accident insurance company, health and accident insurance company, or life, health, and accident ...
- Texas Insurance Code Section 982.102 - Filing Of Financial Statement By Other Insurance Company; Examination
(a) This section applies only to a foreign or alien insurance company, other than a life insurance company, accident insurance company, life and accident insurance ...
- Texas Insurance Code Section 982.103 - Filing Of Financial Statement By Alien Insurance Company
An alien insurance company that wants to engage in the business of insurance in this state shall file a financial statement as provided by Section ...
- Texas Insurance Code Section 982.104 - Filing Of Articles Of Incorporation
(a) A foreign or alien insurance company shall file with the statement required by Section 982.101 or 982.102: (1) a copy of the company's acts ...
- Texas Insurance Code Section 982.105 - Capital Stock And Surplus Requirements For Life, Health, Or Accident Insurance Companies
(a) A foreign or alien life insurance company, accident insurance company, life and accident insurance company, health and accident insurance company, or life, health, and ...
- Texas Insurance Code Section 982.106 - Capital Stock And Surplus Requirements For Other Insurance Companies
(a) This section applies only to a foreign or alien insurance company other than a life insurance company, accident insurance company, life and accident insurance ...
- Texas Insurance Code Section 982.107 - Applicability Of Other Law
Article 21.49-8 applies to a foreign or alien insurance company. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 982.108 - Deposit Requirements For Alien Insurance Company
An alien insurance company may not engage in the business of insurance in this state without first depositing with the comptroller, for the benefit of ...
- Texas Insurance Code Section 982.109 - Duration Of Deposit By Life, Health, Or Accident Insurance Companies
An alien life insurance company, accident insurance company, life and accident insurance company, health and accident insurance company, or life, health, and accident insurance company ...
- Texas Insurance Code Section 982.110 - Duration Of Deposit For Other Insurance Companies
An alien insurance company, other than an alien life insurance company, accident insurance company, life and accident insurance company, health and accident insurance company, or ...
- Texas Insurance Code Section 982.111 - Exception To Deposit Requirement: Trusteed Assets
(a) On approval by the commissioner as provided by Subchapter D, instead of making the deposit with the comptroller under Section 982.108, an authorized alien ...
- Texas Insurance Code Section 982.112 - Exception To Deposit Requirement: Deposit With Officer In Another State
(a) The deposit required under Section 982.108 is not required in this state if the deposit required by that section has been made in any ...
- Texas Insurance Code Section 982.113 - Issuance Of Certificate Of Authority To Life, Health, Or Accident Insurance Company
(a) The commissioner shall file in the commissioner's office the documents delivered to the department under this subchapter and shall issue to a foreign or ...
- Texas Insurance Code Section 982.114 - Payment Of Tax By Foreign Or Alien Life Insurance Company
(a) A foreign or alien life insurance company that obtains a certificate of authority under this subchapter on or after April 2, 1909, accepts that ...
- Texas Insurance Code Section 982.201 - Deed Of Trust: General Provisions
(a) A deed of trust relating to the trusteed assets of an authorized alien insurance company and all amendments to the deed of trust are ...
- Texas Insurance Code Section 982.202 - Deed Of Trust: Approval By Commissioner
(a) The commissioner shall approve a deed of trust relating to the trusteed assets of an alien insurance company if the commissioner determines: (1) the ...
- Texas Insurance Code Section 982.203 - Location Of Trusteed Assets
(a) The trusteed assets of an alien insurance company shall be kept continuously in the United States. (b) The trusteed assets of an alien insurance ...
- Texas Insurance Code Section 982.204 - Withdrawal Of Trusteed Assets
(a) The deed of trust relating to the trusteed assets of an alien insurance company must provide that the trustee or trustees may not make ...
- Texas Insurance Code Section 982.251 - Trusteed Surplus Of Alien Insurance Company
The total value of an alien insurance company's general state deposits and trusteed assets less the total net amount of all the company's liabilities and ...
- Texas Insurance Code Section 982.252 - Form And Contents Of Financial Statement Of Alien Insurance Company
(a) A financial statement required to be filed by an alien insurance company under Section 982.004 must be on a form prescribed by the commissioner ...
- Texas Insurance Code Section 982.253 - Impairment Of Trusteed Surplus
(a) If the commissioner determines from a statement filed under Section 982.252 or any report that an alien insurance company's trusteed surplus is less than ...
- Texas Insurance Code Section 982.254 - Failure To Eliminate Impairment Of Trusteed Surplus
If an alien insurance company has not satisfied the commissioner at the end of the designated period under Section 982.253(a) that the impairment has been ...
- Texas Insurance Code Section 982.255 - Examination Of Alien Insurance Company
(a) The books, records, accounting, and verification relating to an authorized alien insurance company's trusteed assets are subject to examination by the department or the ...
- Texas Insurance Code Section 982.301 - Applicability Of Subchapter
This subchapter applies only to a foreign or alien insurance company that is not a life insurance company, accident insurance company, life and accident insurance ...
- Texas Insurance Code Section 982.302 - Reinsurance Not Prohibited
This chapter does not prohibit a foreign insurance company from: (1) reinsuring a domestic insurance company; or (2) locating in this state, if the company ...
- Texas Insurance Code Section 982.303 - Texas Law Accepted
A foreign or alien insurance company that issues a contract or policy in this state is considered to have agreed to comply with this code ...
- Texas Insurance Code Section 982.304 - Same Or Deceptively Similar Name
A foreign or alien insurance company may not be denied permission to engage in the business of insurance in this state because the name of ...
- Texas Insurance Code Section 982.305 - Limitation On Actions In Other State Courts
An action involving a contract entered into in this state between a foreign or alien insurance company and a resident of this state may not ...
- Texas Insurance Code Section 982.306 - Deposit For Foreign Casualty Company Not Required
(a) The department may not require a foreign casualty insurance company to make or maintain the deposit required of a domestic casualty insurance company by ...
- Texas Insurance Code Section 983.001 - Definition
In this chapter, "redomestication" means a change in domicile of an insurer or health maintenance organization by merger, consolidation, or another legal method. Added by ...
- Texas Insurance Code Section 983.002 - Rules
The commissioner may adopt rules as necessary to implement this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. June 1, 2003. ...
- Texas Insurance Code Section 983.051 - Redomestication: Foreign To Domestic
(a) An insurer or health maintenance organization that is organized under the laws of another state and authorized to write insurance or provide a health ...
- Texas Insurance Code Section 983.052 - Redomestication: Domestic To Foreign
(a) An insurer or health maintenance organization that is organized under the laws of this state and authorized to write insurance or provide a health ...
- Texas Insurance Code Section 983.053 - Redomestication: Foreign To Foreign
(a) An insurer or health maintenance organization that is organized under the laws of another state and authorized to engage in the business of insurance ...
- Texas Insurance Code Section 983.054 - Notice And Filing Required
An insurer or health maintenance organization shall: (1) notify the commissioner of the details of a proposed redomestication; and (2) promptly file with the commissioner ...
- Texas Insurance Code Section 983.055 - Forms Of Insurance Policy Or Evidence Of Coverage
(a) A redomesticated insurer or health maintenance organization shall file with the commissioner a new insurance policy or evidence of coverage form, or an endorsement ...
- Texas Insurance Code Section 983.056 - Outstanding Insurance Policy Or Evidence Of Coverage: Change Of Name
A redomesticating insurer or health maintenance organization that changes its name shall endorse each outstanding insurance policy or evidence of coverage with the new name. ...
- Texas Insurance Code Section 983.057 - Issuance Of Amended Certificate Of Authority
The commissioner shall issue an amended certificate of authority on approval of a redomestication. Added by Acts 2001, 77th Leg., ch. 1419, § 1, eff. ...
- Texas Insurance Code Section 983.101 - Continuation Of Business
(a) If a redomesticating insurer or health maintenance organization remains qualified to engage in the business of insurance or the business of a health maintenance ...
- Texas Insurance Code Section 983.102 - Effect On Admitted Assets
Except as provided by other law, the admitted assets of a redomesticating insurer or health maintenance organization that qualify, on the effective date of the ...
- Texas Insurance Code Section 984.001 - Authority Of Mexican Casualty Insurance Companies
(a) An insurance company that complies with this chapter may issue an insurance policy described by Subsection (b) as a Mexican casualty insurance company if ...
- Texas Insurance Code Section 984.002 - Authorized Agent Required
A Mexican casualty insurance company may engage in the business of insurance in this state only through an agent licensed by the department under Article ...
- Texas Insurance Code Section 984.051 - Certificate Of Authority Required
A Mexican casualty insurance company must hold a certificate of authority to engage in the business of insurance under this chapter. Added by Acts 2001, ...
- Texas Insurance Code Section 984.052 - Application
(a) To issue insurance policies under this chapter, a Mexican casualty insurance company must file with the department an application for a certificate of authority ...
- Texas Insurance Code Section 984.101 - Deposit With Comptroller Required
(a) A Mexican casualty insurance company shall deposit with the comptroller at least $25,000 in: (1) United States currency; or (2) securities that are: (A) ...
- Texas Insurance Code Section 984.102 - Payments From Deposit
On approval of the department, the comptroller shall pay from the deposit required under this subchapter any unsatisfied final judgment obtained against the Mexican casualty ...
- Texas Insurance Code Section 984.103 - Return Of Deposit
With the approval of the department, the comptroller shall return the deposit required under this subchapter, or the unencumbered balance of the deposit, to the ...
- Texas Insurance Code Section 984.151 - Premium Tax
(a) A Mexican casualty insurance company shall pay to this state an annual premium tax based solely on the company's gross premium receipts from insurance ...
- Texas Insurance Code Section 984.152 - Other Taxes And Charges
In addition to paying a premium tax as required by Section 984.151, a Mexican casualty insurance company shall pay any other maintenance fee, charge, or ...
- Texas Insurance Code Section 984.153 - Reports
A Mexican casualty insurance company shall make the same reports that other insurance companies authorized to write accident and casualty coverage in this state are ...
- Texas Insurance Code Section 984.201 - Agreement To Comply With Chapter
A Mexican casualty insurance company shall file in English a document executed by the company's officials expressly accepting the terms of this chapter and agreeing ...
- Texas Insurance Code Section 984.202 - Annual Statement
A Mexican casualty insurance company shall file annually with the department each of the items listed in Section 984.052(c). Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 984.203 - Authority To Conduct Examination
The department may examine at any time the affairs and condition and any books or records of a Mexican casualty insurance company, at the company's ...
- Texas Insurance Code Section 984.204 - Authority To Revoke Or Suspend Certificate Of Authority
The commissioner may revoke or suspend a Mexican casualty insurance company's certificate of authority under this chapter if the commissioner, after notice and an opportunity ...
- Texas Insurance Code Section 1101.001 - Applicability Of Subchapter
This subchapter applies to a life insurance policy: (1) issued or delivered in this state; or (2) issued by a life insurance company organized under ...
- Texas Insurance Code Section 1101.002 - Policy Provisions Required
(a) Except as provided by this section, a life insurance policy must contain provisions that are substantially the same as the provisions required by this ...
- Texas Insurance Code Section 1101.003 - Entire Contract
A life insurance policy must provide that the policy or the policy and the application for the policy constitute the entire contract between the parties. ...
- Texas Insurance Code Section 1101.004 - Premiums Payable In Advance
A life insurance policy must provide that all premiums are payable in advance at the home office of the company that issues the policy or ...
- Texas Insurance Code Section 1101.005 - Grace Period
(a) Except as provided by Subsection (b), a life insurance policy: (1) must contain a provision for a grace period of at least one month ...
- Texas Insurance Code Section 1101.006 - Incontestability
(a) Except as provided by Subsection (b), a life insurance policy must provide that a policy in force for two years from its date of ...
- Texas Insurance Code Section 1101.007 - Statements Of Insured
A life insurance policy must provide that, in the absence of fraud, a statement made by an insured is considered a representation and not a ...
- Texas Insurance Code Section 1101.008 - Adjustment Of Amount Payable If Age Of Insured Is Understated
A life insurance policy must provide that if the age of an insured has been understated, the amount payable under the policy is the amount ...
- Texas Insurance Code Section 1101.009 - Policy Loans
(a) The following policies are not required to comply with this section: (1) a term life insurance policy; (2) a pure endowment contract issued or ...
- Texas Insurance Code Section 1101.010 - Nonforfeiture Benefits And Cash Surrender Values In General
A life insurance policy must provide nonforfeiture benefits, including cash surrender values, in accordance with: (1) Subchapter D; or (2) Chapter 1105, for a policy ...
- Texas Insurance Code Section 1101.011 - Time For Settlement Of Claim
A life insurance policy must provide that settlement under the policy after the death of the insured will be made not later than two months ...
- Texas Insurance Code Section 1101.012 - Table Of Installments Of Proceeds
A life insurance policy that provides that the policy proceeds are payable in installments must include a table that shows the amount of the installments. ...
- Texas Insurance Code Section 1101.013 - Statement Of Maximum Amount Payable Under Family Group Life Insurance Policy
A family group life insurance policy must clearly state: (1) the maximum amount that is payable to the payee in the policy on the death ...
- Texas Insurance Code Section 1101.051 - Applicability Of Subchapter
Unless otherwise provided by this subchapter, this subchapter applies to a life insurance policy: (1) issued or delivered in this state; or (2) issued by ...
- Texas Insurance Code Section 1101.052 - Exclusion
Unless otherwise provided by this subchapter, this subchapter does not apply to a policy issued instead of or in exchange for a policy issued before ...
- Texas Insurance Code Section 1101.053 - Certain Limitations Periods
A life insurance policy may not include a provision that limits the time during which an action under the policy may be commenced to a ...
- Texas Insurance Code Section 1101.054 - Retroactive Issuance Or Effect; Exchange Or Conversion
(a) Except as provided by Subsection (b), a life insurance policy may not contain a provision under which the policy is issued or takes effect ...
- Texas Insurance Code Section 1101.055 - Settlement On Maturity Less Than Face Value
(a) Except as provided by Subsection (b), a life insurance policy may not contain a provision for a settlement at maturity that is less than ...
- Texas Insurance Code Section 1101.056 - Preliminary Term Insurance Of More Than One Year In Level Premium Policy
(a) Sections 1101.051 and 1101.052 do not apply to this section. (b) This section does not apply to a life insurance policy issued on or ...
- Texas Insurance Code Section 1101.101 - Required Policy Provisions
(a) A policy issued in this state by a life insurance company not organized under the laws of this state may contain any provision that ...
- Texas Insurance Code Section 1101.151 - Applicability Of Subchapter
This subchapter applies only to a life insurance policy issued before a date described by Section 1101.010(a)(2). A term life insurance policy is not required ...
- Texas Insurance Code Section 1101.152 - Stipulated Form Of Insurance
In case of a default in the payment of a premium after premiums have been paid for three years, a life insurance policy to which ...
- Texas Insurance Code Section 1101.153 - Computation Of Net Value Of Stipulated Form Of Insurance
(a) Except as provided by Subsection (c), the net value of a life insurance policy secured under Section 1101.152 must be equal to the amount ...
- Texas Insurance Code Section 1101.154 - Surrender Of Policy For Specified Cash Surrender Value
(a) A life insurance policy to which this subchapter applies must: (1) provide within one month after a due date for a premium, after premiums ...
- Texas Insurance Code Section 1101.155 - Cash Value Table
A life insurance policy to which this subchapter applies must include a table that shows in dollar amounts the cash value of the policy and ...
- Texas Insurance Code Section 1101.156 - Purchase Of Other Insurance And Reinstatement
A life insurance policy to which this subchapter applies must provide that if there is a default in premium payments, the value of the policy ...
- Texas Insurance Code Section 1102.001 - Definitions
In this chapter: (1) "Insurance policy" means a policy, certificate, or contract of: (A) life, term, or endowment insurance, including an annuity or pure endowment ...
- Texas Insurance Code Section 1102.002 - Benefits Payable In Currency
Each benefit payable under an insurance policy delivered, issued, or used in this state by an insurer shall be payable in currency. Added by Acts ...
- Texas Insurance Code Section 1102.003 - Statement Regarding Value Of Foreign Currency
(a) An insurance policy described by Section 1102.002 providing that benefits are payable in foreign currency must include a conspicuous statement that the value of ...
- Texas Insurance Code Section 1102.004 - Previously Approved Insurance Policy Form Payable In Foreign Currency
(a) The commissioner may disapprove or withdraw approval of a previously approved insurance policy form that provides benefits payable in foreign currency if the commissioner ...
- Texas Insurance Code Section 1102.005 - Rules
The commissioner may adopt reasonable rules to accomplish the purposes of this chapter, including rules requiring: (1) appropriate reserves for insurance policies subject to this ...
- Texas Insurance Code Section 1103.001 - Applicability Of Subchapter
This subchapter applies only to a life insurance policy issued by a legal reserve life insurance company. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 1103.002 - Insurable Interest Of Beneficiary
A beneficiary described by this subchapter who is designated in a life insurance policy has an insurable interest for the face amount of the policy ...
- Texas Insurance Code Section 1103.003 - Corporation, Joint Stock Association, Or Trust Estate As Beneficiary
A corporation, a joint stock association, or a trust estate that is engaging in business for profit may be designated as a beneficiary in a ...
- Texas Insurance Code Section 1103.004 - Partnership Or Partner As Beneficiary
A partnership or a member of a partnership may be designated as a beneficiary in a policy that insures the life of a member of ...
- Texas Insurance Code Section 1103.005 - Religious, Educational, Eleemosynary, Charitable, Or Benevolent Institution Or Undertaking As Beneficiary
A religious, educational, eleemosynary, charitable, or benevolent institution or undertaking may be designated as a beneficiary in a policy that insures the life of an ...
- Texas Insurance Code Section 1103.051 - Applicability Of Subchapter
This subchapter applies only to a life insurance policy issued by: (1) a legal reserve life insurance company; or (2) a mutual assessment life insurance ...
- Texas Insurance Code Section 1103.052 - Liberal Construction
This subchapter shall be liberally construed to implement the purposes of this subchapter. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June ...
- Texas Insurance Code Section 1103.053 - Insurable Interest Of Beneficiary, Owner, Transferee, Or Assignee
(a) Except as provided by Subsection (b), a beneficiary or owner of a life insurance policy who is designated in accordance with this subchapter or ...
- Texas Insurance Code Section 1103.054 - Designation Of Beneficiary Or Owner In Policy Application
An individual of legal age may: (1) apply for a policy insuring the individual's life; and (2) designate in writing in the application for the ...
- Texas Insurance Code Section 1103.055 - Designation Of Beneficiary Of Policy; Transfer Or Assignment Of Policy Or Interest
An individual of legal age who is insured under a life insurance policy may in writing: (1) in a manner and to the extent permitted ...
- Texas Insurance Code Section 1103.056 - Purchase Of Or Application For Policy By Third Party
An individual of legal age may in a single written document: (1) consent to the purchase of or application for an individual or group life ...
- Texas Insurance Code Section 1103.101 - Applicability Of Subchapter
This subchapter applies only to a life insurance policy issued by a legal reserve life insurance company. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 1103.102 - Payment To Designated Beneficiary
(a) Except as provided by Subsection (b), if an individual obtains a policy insuring the individual's life, designates in writing a beneficiary to receive the ...
- Texas Insurance Code Section 1103.103 - Discharge Of Liability
In the absence of notice under Section 1103.102(b) received by the company before the date of payment, a company that issues a life insurance policy ...
- Texas Insurance Code Section 1103.104 - Interest On Proceeds
(a) Interest on the proceeds of a life insurance policy accrues from the date the company that issues the policy receives due proof of loss ...
- Texas Insurance Code Section 1103.151 - Forfeiture
A beneficiary of a life insurance policy or contract forfeits the beneficiary's interest in the policy or contract if the beneficiary is a principal or ...
- Texas Insurance Code Section 1103.152 - Payment Of Proceeds To Contingent Beneficiary Or To Relative
(a) Except as provided by Subsection (b), if a beneficiary of a life insurance policy or contract forfeits an interest in the policy or contract ...
- Texas Insurance Code Section 1104.001 - Applicability Of Subchapter
This subchapter applies only to a policy or contract issued by a stock or mutual legal reserve life insurance company that: (1) is licensed by ...
- Texas Insurance Code Section 1104.002 - Certain Transactions Exempt
This subchapter does not apply to a transaction between an insurance company and a minor described by Section 1104.003(a) that occurs after the date the ...
- Texas Insurance Code Section 1104.003 - Authority To Contract
(a) Subject to this subchapter, a minor 14 years of age or older who is without a guardian of the estate of the minor may: ...
- Texas Insurance Code Section 1104.004 - Written Approval By Adult Required
An application or agreement made by a minor under this subchapter must be signed or approved in writing by: (1) a parent, grandparent, or adult ...
- Texas Insurance Code Section 1104.005 - Rescission Because Of Minority Prohibited
A minor who acquires a policy or contract under this subchapter may not by reason of minority rescind, avoid, or repudiate: (1) the policy or ...
- Texas Insurance Code Section 1104.006 - Effect On Policy Or Contract
This subchapter does not modify any provision in a policy or contract. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June 1, ...
- Texas Insurance Code Section 1104.021 - Trustee Named As Beneficiary In Policy
(a) An individual may make a trust agreement providing that the proceeds of a life insurance policy insuring the individual be made payable to a ...
- Texas Insurance Code Section 1104.022 - Trustee Named As Beneficiary In Will
(a) A life insurance policy may provide that the beneficiary of the policy be a trustee designated by will in accordance with the policy provisions ...
- Texas Insurance Code Section 1104.023 - Debts; Inheritance Tax
Life insurance policy proceeds received by a trustee under this subchapter are not subject to debts of the insured or to inheritance tax to any ...
- Texas Insurance Code Section 1104.024 - Commingling
Life insurance policy proceeds received by a trustee under this subchapter may be commingled with any other assets properly coming into the trust. Added by ...
- Texas Insurance Code Section 1104.025 - Certain Prior Beneficiary Designations Not Affected
This subchapter does not affect the validity of a life insurance policy beneficiary designation made before July 1, 1967, that names as beneficiary a trustee ...
- Texas Insurance Code Section 1105.001 - Short Title
This chapter may be cited as the Standard Nonforfeiture Law for Life Insurance. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June ...
- Texas Insurance Code Section 1105.002 - Applicability Of Chapter
(a) This chapter applies to a policy issued by a company on or after January 1, 1974. (b) This chapter also applies to a policy ...
- Texas Insurance Code Section 1105.003 - Exemptions
(a) This chapter does not apply to: (1) reinsurance; (2) group insurance; (3) pure endowment; (4) an annuity or reversionary annuity contract; (5) a term ...
- Texas Insurance Code Section 1105.004 - Required Nonforfeiture Provisions
(a) A life insurance policy delivered or issued for delivery in this state must contain in substance the provisions prescribed by Subsections (b), (c), and ...
- Texas Insurance Code Section 1105.005 - Computation Of Adjusted Premiums And Present Values; Mortality Tables And Interest Rates
(a) Except as provided by Subsection (b) or (e) or Section 1105.055, 1105.152, or 1105.153, an adjusted premium or present value determined under this chapter ...
- Texas Insurance Code Section 1105.006 - Determination Of Rated Age
For purposes of this chapter, the date a policy is issued is the date as of which the rated age of the insured is determined. ...
- Texas Insurance Code Section 1105.007 - Computation Of Cash Surrender Value Following Default
(a) Any cash surrender value available under a policy on a default in payment of a premium due on a policy anniversary, regardless of whether ...
- Texas Insurance Code Section 1105.008 - Computation Of Cash Surrender Value On Surrender Following Policy Anniversary
Any cash surrender value available not later than the 30th day after the date of a policy anniversary under a policy paid up by completion ...
- Texas Insurance Code Section 1105.009 - Computation Of Paid-Up Nonforfeiture Benefits
Any paid-up nonforfeiture benefit available under the policy on default in the payment of a premium due on a policy anniversary must be such that ...
- Texas Insurance Code Section 1105.010 - Proration Of Values; Net Value Of Paid-Up Additions
(a) Any cash surrender value and any paid-up nonforfeiture benefit available under a policy on default in the payment of a premium due at any ...
- Texas Insurance Code Section 1105.011 - Inclusion Of Certain Additional Benefits In Computing Nonforfeiture Benefits Not Required
(a) Notwithstanding Section 1105.007 or 1105.008, additional benefits described by Subsection (b), and premiums for those benefits, may not be included in computing a cash ...
- Texas Insurance Code Section 1105.012 - Progression Of Cash Surrender Values
(a) This section applies only to a policy issued on or after January 1, 1985. (b) Any cash surrender value available under a policy to ...
- Texas Insurance Code Section 1105.051 - Applicability Of Subchapter
(a) This subchapter applies to a policy issued on or after January 1, 1989. (b) This subchapter also applies to a policy issued by a ...
- Texas Insurance Code Section 1105.052 - Computation Of Adjusted Premiums Using Nonforfeiture Net Level Premium Method
(a) Except as provided by Section 1105.054 and subject to Subsection (b), the adjusted premiums for a policy to which this section applies must be ...
- Texas Insurance Code Section 1105.053 - Computation Of Amounts For Policy With Changing Benefits Or Premiums
(a) This section applies only to a policy that: (1) causes, on a basis guaranteed by the policy, unscheduled changes in benefits or premiums; or ...
- Texas Insurance Code Section 1105.054 - Computation Of Amounts For Policy Issued On Substandard Basis
(a) This section applies only to a policy issued on a substandard basis that provides reduced graded amounts of insurance so that, in each policy ...
- Texas Insurance Code Section 1105.055 - Use Of Mortality Tables And Interest Rates With Nonforfeiture Net Level Premium Method
(a) Subject to Subsections (c)-(i), an adjusted premium or present value computed under this subchapter must be computed: (1) for a policy of ordinary insurance: ...
- Texas Insurance Code Section 1105.056 - Nonforfeiture Interest Rate
The annual nonforfeiture interest rate for a policy issued in a particular calendar year is equal to 125 percent of the calendar year statutory valuation ...
- Texas Insurance Code Section 1105.057 - Refiling Of Policy Provisions Not Required
Notwithstanding any provision of this code to the contrary, as to a policy to which this subchapter applies, a refiling of nonforfeiture values or of ...
- Texas Insurance Code Section 1105.101 - Nonforfeiture Benefits For Indeterminate Premium Plans And Certain Other Plans
(a) This section applies to a plan of life insurance that: (1) provides for future premium determination, the amounts of which are to be determined ...
- Texas Insurance Code Section 1105.151 - Computation Of Adjusted Premiums For Certain Policies Issued Before January 1, 1989
(a) This section applies only to a policy issued before January 1, 1989, to which Subchapter B does not apply. (b) The adjusted premiums for ...
- Texas Insurance Code Section 1105.152 - Computation Of Adjusted Premiums For Certain Ordinary Policies Issued Before January 1, 1989
(a) Except as provided by Subsection (b), this section applies only to an ordinary policy to which Subchapter B does not apply and that is ...
- Texas Insurance Code Section 1105.153 - Computation Of Adjusted Premiums For Certain Industrial Policies Issued Before January 1, 1989
(a) Except as provided by Subsection (b), this section applies only to an industrial policy to which Subchapter B does not apply and that is ...
- Texas Insurance Code Section 1106.001 - Applicability Of Chapter
(a) This chapter applies to each individual life insurance policy issued to a resident of this state by an insurer authorized to engage in the ...
- Texas Insurance Code Section 1106.002 - Reinstatement Required; Exception
(a) On the lapse of an individual life insurance policy following the unintentional default in the payment of premiums caused by the mental incapacity of ...
- Texas Insurance Code Section 1106.003 - Mental Incapacity Defined
In this chapter, "mental incapacity" means a lack of the ability to: (1) understand and appreciate the nature and consequences of a decision regarding the ...
- Texas Insurance Code Section 1106.004 - Diagnosis Of Mental Incapacity Required
For purposes of this chapter, mental incapacity must be: (1) established by the clinical diagnosis of a physician licensed in this state who is qualified ...
- Texas Insurance Code Section 1106.005 - Request For Reinstatement; Limitation
(a) A request for reinstatement of a policy under this chapter and proof of mental incapacity may be filed with the insurer by: (1) the ...
- Texas Insurance Code Section 1106.006 - Reinstatement
(a) After the requirements of Section 1106.005 have been satisfied, the insurer shall reinstate the policy. (b) The policy must be reinstated within one year ...
- Texas Insurance Code Section 1106.007 - Effect Of Reinstatement
On reinstatement of the policy, the original contractual provisions apply as if the coverage had been continuous. Added by Acts 2001, 77th Leg., ch. 1419, ...
- Texas Insurance Code Section 1106.008 - Reduction In Benefits
If there is an uncontroverted claim for benefits in an amount that exceeds the amount of premiums and interest owed and unpaid under a policy ...
- Texas Insurance Code Section 1106.009 - Disclosure
(a) Each insurer shall disclose fully to each policyholder or insured the requirements of this chapter. (b) As to a policy to which this chapter ...
- Texas Insurance Code Section 1106.010 - Rules
The commissioner shall adopt reasonable rules to implement this chapter, and the disclosure required by Section 1106.009 must be made in the form and manner ...
- Texas Insurance Code Section 1107.001 - Applicability Of Chapter
(a) This chapter applies to an annuity contract issued on or after August 29, 1979. (b) This chapter also applies to an annuity contract issued ...
- Texas Insurance Code Section 1107.002 - Exemptions
(a) This chapter does not apply to: (1) a reinsurance contract; (2) a group annuity contract that is purchased under a retirement plan or plan ...
- Texas Insurance Code Section 1107.003 - Required Nonforfeiture Provisions
(a) An annuity contract delivered or issued for delivery in this state must contain in substance the provisions prescribed by this section or corresponding provisions ...
- Texas Insurance Code Section 1107.004 - Optional Termination Provision
(a) Notwithstanding the requirements of Section 1107.003, an annuity contract may provide that the company has the option to terminate the contract by making a ...
- Texas Insurance Code Section 1107.005 - Contact Disclosure That Certain Benefits Not Provided
An annuity contract that does not provide a cash surrender benefit or that does not provide a death benefit that is at least equal to ...
- Texas Insurance Code Section 1107.006 - Maturity Date
(a) In determining the value of benefits under Sections 1107.102, 1107.103, and 1107.104, and subject to Subsection (b), if an annuity contract permits an election ...
- Texas Insurance Code Section 1107.051 - Minimum Nonforfeiture Amount
The minimum value under Subchapter C of a paid-up annuity, cash surrender, or death benefit shall be computed on the basis of the minimum nonforfeiture ...
- Texas Insurance Code Section 1107.052 - Contract With Flexible Considerations
(a) This section applies only to an annuity contract that provides for the payment of flexible considerations. (b) The minimum nonforfeiture amount on or before ...
- Texas Insurance Code Section 1107.053 - Contract With Fixed, Scheduled Considerations
(a) For an annuity contract that provides for the payment of fixed, scheduled considerations, the minimum nonforfeiture amount is computed in the same manner as ...
- Texas Insurance Code Section 1107.054 - Contract With Single Consideration
For an annuity contract that provides for the payment of a single consideration, the minimum nonforfeiture amount is computed in the same manner as the ...
- Texas Insurance Code Section 1107.055 - Interest Rate
The interest rate used in determining minimum nonforfeiture amounts shall be an annual rate of interest determined as the lesser of three percent per annum ...
- Texas Insurance Code Section 1107.056 - Additional Interest Rate Adjustments
The commissioner may adopt rules to provide for further adjustments to Section 1107.055 for annuity contracts that provide substantive participation in an equity index benefit ...
- Texas Insurance Code Section 1107.057 - Minimum Nonforfeiture Amount
(a) The minimum values as specified in Sections 1107.006 and 1107.101-1107.105 of any paid-up annuity, cash surrender, or death benefits available under an annuity contract ...
- Texas Insurance Code Section 1107.101 - Present Value Of Nonforfeiture Benefits
(a) The present value of any paid-up annuity benefit available under an annuity contract on the date annuity payments are to begin may not be ...
- Texas Insurance Code Section 1107.102 - Computation Of Paid-Up Annuity Benefit Under Certain Contracts
(a) This section applies only to an annuity contract that does not provide a cash surrender benefit. (b) Subject to Subsection (e), the present value ...
- Texas Insurance Code Section 1107.103 - Computation Of Cash Surrender Benefit
(a) Subject to Subsection (c), the value of a cash surrender benefit available under an annuity contract before the maturity date may not be less ...
- Texas Insurance Code Section 1107.104 - Computation Of Death Benefit
The value of a death benefit available under an annuity contract that provides a cash surrender benefit may not be less than the value of ...
- Texas Insurance Code Section 1107.105 - Computation Of Benefits Available At The Time Other Than Contract Anniversary
For an annuity contract that requires payment of fixed, scheduled considerations, the value of a paid-up annuity, cash surrender, or death benefit that is available ...
- Texas Insurance Code Section 1107.106 - Minimum Nonforfeiture Values Under Contract That Provides Annuity And Life Insurance Benefits
For a contract that provides, by rider or by supplemental provision, both annuity benefits and life insurance benefits that exceed the greater of the value ...
- Texas Insurance Code Section 1107.107 - Computations Not Affected By Additional Benefits
(a) Notwithstanding any other provision of this subchapter or Section 1107.006, a computation of a minimum nonforfeiture amount or of a paid-up annuity, cash surrender, ...
- Texas Insurance Code Section 1107.108 - Rules
The commissioner may adopt rules to implement the provisions of this chapter. Added by Acts 2003, 78th Leg., ch. 869, § 1, eff. June 20, ...
- Texas Insurance Code Section 1108.001 - Construction With Other Law
The exemptions under this chapter are in addition to the exemptions from garnishment, attachment, execution, or other seizure under Chapter 42, Property Code. Added by ...
- Texas Insurance Code Section 1108.002 - Annuity Contracts
For purposes of regulation under this code, an annuity contract is considered an insurance policy or contract if the annuity contract is issued: (1) by ...
- Texas Insurance Code Section 1108.051 - Exemptions For Certain Insurance And Annuity Benefits
(a) Except as provided by Section 1108.053, this section applies to any benefits, including the cash value and proceeds of an insurance policy, to be ...
- Texas Insurance Code Section 1108.052 - Exemptions Unaffected By Beneficiary Designation
The exemptions provided by Section 1108.051 apply regardless of whether: (1) the power to change the beneficiary is reserved to the insured; or (2) the ...
- Texas Insurance Code Section 1108.053 - Exceptions To Exemptions
The exemptions provided by Section 1108.051 do not apply to: (1) a premium payment made in fraud of a creditor, subject to the applicable statute ...
- Texas Insurance Code Section 1108.101 - Assignment Generally
This chapter does not prevent an insured, owner, or annuitant from assigning, in accordance with the terms of the policy or contract: (1) any benefits ...
- Texas Insurance Code Section 1108.102 - Certain Assignments Void
If an insurance policy, annuity contract, or annuity or benefit plan described by Section 1108.051 prohibits a beneficiary from assigning or commuting benefits to be ...
- Texas Insurance Code Section 1109.001 - Applicability Of Chapter
(a) This chapter applies to proceeds held and owing by a life insurance company engaged in the business of insurance in this state if: (1) ...
- Texas Insurance Code Section 1109.002 - Administration And Enforcement; Rules
(a) This chapter shall be enforced in the manner provided for enforcement of Chapter 74, Property Code, under Subchapter H of that chapter. (b) The ...
- Texas Insurance Code Section 1109.003 - Appropriations To Administer Chapter
To enforce and administer this chapter, the legislature may appropriate unclaimed money received under Chapter 74, Property Code, or under any other statute requiring the ...
- Texas Insurance Code Section 1109.051 - Company Report Of Unclaimed Proceeds
(a) A life insurance company engaged in the business of insurance in this state that on June 30 holds unclaimed proceeds subject to this chapter ...
- Texas Insurance Code Section 1109.052 - Delivery Of Proceeds To Comptroller
A life insurance company required to file a report under Section 1109.051 shall deliver to the comptroller with the report all unclaimed proceeds described by ...
- Texas Insurance Code Section 1109.053 - Retention Of Records By Insurance Company
(a) A life insurance company required to file a report under Section 1109.051 shall maintain a record of: (1) the name and last known address, ...
- Texas Insurance Code Section 1109.054 - Public Record Of Receipt Of Proceeds
(a) The comptroller shall maintain in the comptroller's office a public record of each delivery of unclaimed proceeds received under this chapter. (b) Except as ...
- Texas Insurance Code Section 1109.055 - State Responsibility For Proceeds; Indemnification Of Company
(a) On the delivery of unclaimed proceeds under this chapter: (1) the state assumes custody of the proceeds for the benefit of each person entitled ...
- Texas Insurance Code Section 1109.056 - Examination Of Company Records
(a) The comptroller may examine the records of a life insurance company to determine if the company is complying with this chapter. (b) The comptroller ...
- Texas Insurance Code Section 1109.101 - Public Notice Of Unclaimed Proceeds
(a) In the calendar year following the year in which a report required by Section 1109.051 is made and in which the unclaimed proceeds described ...
- Texas Insurance Code Section 1109.151 - Filing Of Claim
A person claiming to be entitled to unclaimed proceeds delivered to the comptroller under this chapter may at any time file a claim for the ...
- Texas Insurance Code Section 1109.152 - Determination Of Claim
The comptroller may accept or reject a claim made under Section 1109.151. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June 1, ...
- Texas Insurance Code Section 1109.153 - Appeal
(a) If the comptroller rejects a claim made under Section 1109.151 or does not act on a claim before the 91st day after the date ...
- Texas Insurance Code Section 1109.154 - Payment Of Claim
The comptroller shall pay from unclaimed money received under Chapter 74, Property Code, or under any other statute requiring the delivery of unclaimed property to ...
- Texas Insurance Code Section 1110.001 - Definitions
In this chapter: (1) "Life insurance policy" includes: (A) a benefit certificate issued by a fraternal benefit society; or (B) an annuity contract that provides ...
- Texas Insurance Code Section 1110.002 - Applicability Of Chapter
This chapter applies only to a life insurance policy issued on or after August 31, 1981. Added by Acts 2001, 77th Leg., ch. 1419, § ...
- Texas Insurance Code Section 1110.003 - Applicability Of Other Law
A law not included in this chapter applies to interest rates on policy loans only if that law is made specifically applicable to those rates. ...
- Texas Insurance Code Section 1110.004 - Maximum Interest Rate On Policy Loans
(a) In this section, "published monthly average" means: (1) Moody's Corporate Bond Yield Average--Monthly Average Corporates as published by Moody's Investors Service, Inc., or a ...
- Texas Insurance Code Section 1110.005 - Frequency Of Adjustable Interest Rate Determination
A life insurer shall determine the adjustable interest rate under Section 1110. 004(b)(2) at regular intervals at least once every 12 months but not more ...
- Texas Insurance Code Section 1110.006 - Information To Be Included In Policy
(a) A life insurance policy must include the substance of the provisions of Section 1110.004(b) that are applicable to the policy. (b) A life insurance ...
- Texas Insurance Code Section 1110.007 - Notice To Policyholder
(a) In this section, "policyholder" includes the owner of a life insurance policy or the person designated to pay premiums as shown on the records ...
- Texas Insurance Code Section 1110.008 - Loan Value Of Policy; Termination Of Policy Based On Change In Interest Rate
(a) The loan value of a life insurance policy shall be determined in accordance with Section 1101.009. (b) A life insurance policy may not be ...
- Texas Insurance Code Section 1111.001 - Definitions
In this subchapter: (1) "Life settlement" means an agreement that is solicited, negotiated, offered, entered into, delivered, or issued for delivery in this state under ...
- Texas Insurance Code Section 1111.002 - Purpose
The purpose of this subchapter is to: (1) provide for registration of persons engaged in the business of life or viatical settlements; and (2) provide ...
- Texas Insurance Code Section 1111.003 - Rules; Registration And Regulation
(a) To implement this subchapter, the commissioner shall adopt reasonable rules relating to life settlements and relating to viatical settlements. (b) The rules adopted by ...
- Texas Insurance Code Section 1111.004 - Annual Fee For Registration
The commissioner may adopt rules requiring payment of an annual fee in connection with registration. The fee may not exceed $250. Added by Acts 2001, ...
- Texas Insurance Code Section 1111.005 - Denial, Suspension, Or Revocation Of Registration; Enforcement
(a) The commissioner may suspend or revoke a registration or deny an application for registration if the commissioner determines that the registrant or applicant, individually ...
- Texas Insurance Code Section 1111.006 - Applicability Of Other Insurance Laws
The following laws apply to a person engaged in the business of life or viatical settlements: (1) Articles 1.10, 1.10D, 1.19, and 21.21; (2) Chapters ...
- Texas Insurance Code Section 1111.051 - Definitions
In this subchapter: (1) "Accelerated benefit" means a benefit paid to an insured instead of a portion of a death benefit. (2) "Death benefit" means ...
- Texas Insurance Code Section 1111.052 - Authority To Pay Accelerated Term Life Benefits
An insurer may pay an accelerated benefit under an individual or group term life insurance policy or certificate if: (1) the insurer has received a ...
- Texas Insurance Code Section 1111.053 - Rules
The commissioner may adopt rules to implement this subchapter. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June 1, 2003. ...
- Texas Insurance Code Section 1131.001 - Definition
In this chapter, "wholesale, franchise, or employee life insurance" means a term life insurance plan under which a number of individual term life insurance policies ...
- Texas Insurance Code Section 1131.002 - Certain Group Life Insurance Authorized
A group life insurance policy may be delivered in this state only if the policy: (1) covers a group described by Subchapter B; and (2) ...
- Texas Insurance Code Section 1131.003 - Certain Wholesale, Franchise, Or Employee Life Insurance Authorized
A wholesale, franchise, or employee life insurance policy may be issued or delivered in this state only if the policy: (1) covers a group described ...
- Texas Insurance Code Section 1131.004 - Forfeiture Of Certificate Of Authority For Unauthorized Group Life Insurance Contract
The certificate of authority to engage in the business of insurance in this state of an insurer that enters into a group life insurance contract ...
- Texas Insurance Code Section 1131.005 - Guaranteeing Issuance Of Life Insurance Policy Without Evidence Of Insurability
(a) In this section, "qualified pension or profit-sharing plan" means a plan that meets the requirements of: (1) Section 401 or 403, Internal Revenue Code ...
- Texas Insurance Code Section 1131.006 - Assignment Of Benefits
(a) Subject to the terms of a group life insurance policy, an insured under the policy may make to any individual, firm, corporation, association, trust, ...
- Texas Insurance Code Section 1131.007 - Policy Form
A policy of group life insurance is subject to Article 3.42. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June 1, 2003. ...
- Texas Insurance Code Section 1131.051 - Employers
(a) A group life insurance policy may be issued to an employer or to trustees of a fund established by an employer to insure the ...
- Texas Insurance Code Section 1131.052 - Labor Unions
(a) A group life insurance policy may be issued to a labor union to insure the union's members who are actively engaged in the same ...
- Texas Insurance Code Section 1131.053 - Funds Established By Employers Or Labor Unions
(a) A group life insurance policy that insures the employers' employees or the unions' members for the benefit of persons other than the employers or ...
- Texas Insurance Code Section 1131.054 - Governmental Entities Or Associations Of Public Employees
(a) In this section, "employee" includes an elected or appointed officer of the state. (b) A group life insurance policy may be issued to a ...
- Texas Insurance Code Section 1131.055 - Spouses And Children Of Employees Of United States Government
(a) A group term life insurance policy may be extended, in the form of group term life insurance only, to insure the spouse and natural ...
- Texas Insurance Code Section 1131.056 - Principals
(a) In this section, "agent" includes a general agent, subagent, or salesperson. (b) A group life insurance policy may be issued to a principal, or ...
- Texas Insurance Code Section 1131.057 - Creditors
(a) A group life insurance policy may be issued to a creditor to insure the creditor's debtors. (b) The creditor is the policyholder under a ...
- Texas Insurance Code Section 1131.058 - Veterans' Land Board
(a) A group life insurance policy may be issued to the Veterans' Land Board to insure persons purchasing land under the Veterans' Land Program as ...
- Texas Insurance Code Section 1131.059 - Associations Or Trusts For Payment Of Funeral Expenses
A group life insurance policy may be issued to an association or trust for a group of individuals for the payment of future funeral expenses. ...
- Texas Insurance Code Section 1131.060 - Nonprofit Organizations Or Associations
(a) A group life insurance policy may be issued to a nonprofit service, civic, fraternal, or community organization or association to insure the organization's or ...
- Texas Insurance Code Section 1131.064 - Other Groups
(a) A group life insurance policy may be issued to cover a group other than a group described by Sections 1131.051-1131.060 if the commissioner finds ...
- Texas Insurance Code Section 1131.065 - Wholesale, Franchise, Or Employee Life Insurance
(a) Policies of wholesale, franchise, or employee life insurance may be issued to: (1) the employees of a common employer or employers; (2) the members ...
- Texas Insurance Code Section 1131.101 - Required Provisions
(a) A group life insurance policy may not be delivered in this state unless the policy contains in substance the provisions prescribed by this subchapter ...
- Texas Insurance Code Section 1131.102 - Nonforfeiture
(a) A group life insurance policy other than a group term life insurance policy must contain nonforfeiture provisions that, in the commissioner's opinion, are equitable ...
- Texas Insurance Code Section 1131.103 - Grace Period
(a) A group life insurance policy must provide that the policyholder or premium payor is entitled to a grace period of 31 days for the ...
- Texas Insurance Code Section 1131.104 - Incontestability Of Policy
A group life insurance policy must provide that: (1) the validity of the policy may not be contested, except for nonpayment of premiums, after the ...
- Texas Insurance Code Section 1131.105 - Application For Policy; Statements Of Insured
A group life insurance policy must provide that: (1) a copy of any application for the policy by the policyholder must be attached to the ...
- Texas Insurance Code Section 1131.106 - Evidence Of Insurability
A group life insurance policy must state the conditions, if any, under which the insurer reserves the right to require an individual eligible for insurance ...
- Texas Insurance Code Section 1131.107 - Adjustment Of Premiums Or Benefits If Age Of Insured Is Misstated
(a) A group life insurance policy must specify an equitable adjustment of premiums, benefits, or both, to be made if the age of an insured ...
- Texas Insurance Code Section 1131.108 - Insurance Certificate
(a) A group life insurance policy must provide that the insurer will issue to the policyholder for delivery to each insured an individual certificate stating: ...
- Texas Insurance Code Section 1131.109 - Person To Whom Benefits Are Payable
(a) A group life insurance policy must provide that any amount due because of an insured's death must be paid to the beneficiary designated by ...
- Texas Insurance Code Section 1131.110 - Right To Individual Policy On Termination Of Employment Or Membership
(a) A group life insurance policy must provide that if any portion of the insurance on an individual insured under the policy ceases because the ...
- Texas Insurance Code Section 1131.111 - Right To Individual Policy On Termination Of Coverage Under Group Policy
(a) A group life insurance policy must provide that if the policy terminates or is amended so as to terminate the insurance of a class ...
- Texas Insurance Code Section 1131.112 - Payment Of Benefits On Death Of Insured Before Individual Policy Becomes Effective
(a) A group life insurance policy must provide that if an individual insured under the group policy dies during the period within which the individual ...
- Texas Insurance Code Section 1131.151 - Continuation Of Benefits For Family Members After Death Of Insured
(a) A group life insurance policy that provides for the insurer to pay benefits for members of the family or dependents of an individual in ...
- Texas Insurance Code Section 1131.201 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy issued to a group described by Section 1131.051. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.202 - Eligible Employees
All employees of the employer, or all of any class or classes of employees determined by conditions relating to their employment, are eligible for insurance ...
- Texas Insurance Code Section 1131.203 - Payment Of Premiums
The policyholder must pay the premium for the policy: (1) wholly from the employer's fund or funds contributed by the employer; (2) partly from funds ...
- Texas Insurance Code Section 1131.204 - Minimum Enrollment
(a) The policy must cover at least two employees on the date the policy is issued. (b) Repealed by Acts 2005, 79th Leg., ch. 1073, ...
- Texas Insurance Code Section 1131.205 - Amounts Of Insurance
(a) The amounts of insurance under the policy must be based on a plan that precludes individual selection by the employees or by the employer ...
- Texas Insurance Code Section 1131.251 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy issued to a group described by Section 1131.053. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.252 - Eligible Employees Or Members
(a) The individuals eligible for insurance under the policy are: (1) all employees of the employers and the employees of the trade association of those ...
- Texas Insurance Code Section 1131.253 - Payment Of Premiums
(a) Subject to Subsection (b), the policyholder must pay the premium for the policy: (1) wholly from funds contributed by the employer or employers, the ...
- Texas Insurance Code Section 1131.254 - Minimum Enrollment
(a) The policy must cover at least 100 individuals on the date the policy is issued unless the policy is issued to the trustees of ...
- Texas Insurance Code Section 1131.255 - Amounts Of Insurance
(a) The amounts of insurance under the policy must be based on a plan that precludes individual selection by the insureds or by the policyholder ...
- Texas Insurance Code Section 1131.301 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy issued to a group described by Section 1131.054. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.302 - Eligible Employees Or Members
All employees of the employer or all members of the association are eligible for insurance under the policy. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.303 - Payment Of Premiums
(a) The premium for the policy may be paid wholly or partly from funds contributed by: (1) the employer; (2) the individuals insured under the ...
- Texas Insurance Code Section 1131.304 - Minimum Enrollment
(a) The policy must cover at least 10 employees or members on the date the policy is issued. (b) A policy as to which the ...
- Texas Insurance Code Section 1131.351 - Applicability Of Subchapter
This subchapter applies only to a group term life insurance policy extended to a group described by Section 1131.055. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 1131.352 - Payment Of Premiums
The policyholder must pay the premium for the group term life insurance solely from funds contributed by the insured employees. Added by Acts 2001, 77th ...
- Texas Insurance Code Section 1131.353 - Amounts Of Insurance
(a) The amounts of insurance under the policy must be based on a plan that precludes individual selection by the insured employees or by the ...
- Texas Insurance Code Section 1131.354 - Conversion Rights
On termination of group term life insurance coverage for a spouse insured under this subchapter because the insured employee's employment terminates or the employee dies, ...
- Texas Insurance Code Section 1131.355 - Certificate Of Insurance
Only one certificate of insurance issued for delivery to an insured employee is required if the certificate includes a statement concerning any dependent's coverage. Added ...
- Texas Insurance Code Section 1131.401 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy issued to a group described by Section 1131.056. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.402 - Eligible Agents
Agents who are under contract to provide personal services for the principal for a commission or other fixed or ascertainable compensation, or any class or ...
- Texas Insurance Code Section 1131.403 - Payment Of Premiums
The premium for the policy must be paid: (1) wholly by the principal; or (2) partly from funds contributed by the principal and partly from ...
- Texas Insurance Code Section 1131.404 - Minimum Enrollment
(a) The policy must cover at least 10 agents on the date the policy is issued. (b) Subject to Subsection (c), a policy as to ...
- Texas Insurance Code Section 1131.405 - Amounts Of Insurance
(a) The amounts of insurance under the policy must be based on a plan that precludes individual selection by the agents or by the principal. ...
- Texas Insurance Code Section 1131.451 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy issued to a group described by Section 1131.057. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.452 - Eligible Debtors
All individuals who become borrowers, or purchasers of securities, merchandise, or other property, under an agreement to pay the borrowed amount or to pay the ...
- Texas Insurance Code Section 1131.453 - Payment Of Premiums
The policyholder must pay the premium for the policy from: (1) the creditor's funds; (2) charges collected from the insured debtors; or (3) both the ...
- Texas Insurance Code Section 1131.454 - Minimum Enrollment
The policy must cover at least 50 debtors at all times. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June 1, 2003. ...
- Texas Insurance Code Section 1131.455 - Amount Of Insurance
(a) Except as otherwise provided by this section, the amount of insurance on a debtor's life under the policy may not exceed the amount of ...
- Texas Insurance Code Section 1131.456 - Payment Of Proceeds
(a) The proceeds of the insurance must be payable to the policyholder. (b) Payment to the policyholder reduces or extinguishes the debtor's unpaid indebtedness to ...
- Texas Insurance Code Section 1131.457 - Annuities And Endowment Insurance Prohibited
The insurance issued may not include annuities or endowment insurance. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. June 1, 2003. ...
- Texas Insurance Code Section 1131.501 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy issued to a group described by Section 1131.060. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.502 - Eligible Members
All members of the organization or association, or all of any class of members determined by conditions relating to their membership in the organization or ...
- Texas Insurance Code Section 1131.503 - Payment Of Premiums
(a) The policyholder must pay the premium from: (1) the policyholder's funds; (2) funds contributed by the employees or members specifically for their insurance; or ...
- Texas Insurance Code Section 1131.504 - Minimum Enrollment
The policy must cover at least 25 individuals on the date the policy is issued. Added by Acts 2001, 77th Leg., ch. 1419, § 2, ...
- Texas Insurance Code Section 1131.505 - Amounts Of Insurance
The amounts of insurance under the policy must be based on a plan that precludes individual selection by the insured members or by the organization ...
- Texas Insurance Code Section 1131.701 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy issued to a group described by Section 1131.064. Added by Acts 2001, 77th Leg., ch. ...
- Texas Insurance Code Section 1131.702 - Payment Of Premiums
The premium for the policy must be paid from: (1) the policyholder's funds; (2) funds contributed by the insureds; or (3) both the policyholder's funds ...
- Texas Insurance Code Section 1131.703 - Insurance For Liabilities Related To Fringe Benefits
(a) Notwithstanding any other law, an employer may insure the lives of the employer's officers, directors, employees, and retired employees under Section 1131.064 to and ...
- Texas Insurance Code Section 1131.751 - Applicability Of Subchapter
This subchapter applies only to a wholesale, franchise, or employee life insurance policy issued as provided by Section 1131.065. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 1131.752 - Payment Of Premiums
(a) The premium for the policy must be paid: (1) wholly from funds contributed by the employer or employers of the insureds; (2) wholly from ...
- Texas Insurance Code Section 1131.753 - Minimum Enrollment
A policy of wholesale, franchise, or employee life insurance must cover at least five employees or members of a labor union or credit union on ...
- Texas Insurance Code Section 1131.755 - Individual Application Required
(a) An insurer must take an individual application for each policy of wholesale, franchise, or employee life insurance. (b) Repealed by Acts 2005, 79th Leg., ...
- Texas Insurance Code Section 1131.756 - Right To Individual Policy On Termination Of Employment Or Membership
(a) A policy of wholesale, franchise, or employee life insurance must contain in substance the provisions prescribed by this section. (b) The policy must provide ...
- Texas Insurance Code Section 1131.757 - Optional Policy Provisions
A policy of wholesale, franchise, or employee life insurance may contain in substance provisions under which: (1) the policy is renewable at the option of ...
- Texas Insurance Code Section 1131.758 - Certain Policies And Plans Unaffected
This subchapter does not impair or otherwise affect: (1) a policy issued before August 28, 1961; (2) a plan of wholesale, franchise, or employee life ...
- Texas Insurance Code Section 1131.801 - Applicability Of Subchapter
This subchapter applies to any group life insurance policy issued and delivered under the laws of this state other than a policy issued and delivered ...
- Texas Insurance Code Section 1131.802 - Extension Of Group Life Insurance To Spouses And Children; Eligible Children
Insurance under a group life insurance policy may be extended to cover: (1) the spouse of each individual eligible to be insured under the policy; ...
- Texas Insurance Code Section 1131.803 - Payment Of Premiums
The premium for group life insurance extended to cover a spouse or child may be paid by: (1) the group policyholder; (2) the insured under ...
- Texas Insurance Code Section 1131.804 - Amounts Of Insurance
(a) The amounts of insurance under the policy must be based on a plan that precludes individual selection by the insured or the policyholder. (b) ...
- Texas Insurance Code Section 1131.805 - Conversion Rights
On termination of group life insurance coverage for a spouse insured under this subchapter because the insured's employment terminates, the insured's eligibility for insurance terminates, ...
- Texas Insurance Code Section 1131.806 - Certificate Of Insurance
Only one certificate of insurance issued for delivery to an insured is required if the certificate includes a statement concerning any spouse's or child's coverage. ...
- Texas Insurance Code Section 1131.851 - Applicability Of Subchapter
This subchapter applies only to a group life insurance policy that is delivered or issued for delivery in this state and as to which any ...
- Texas Insurance Code Section 1131.852 - Continuation Of Group Life Insurance During Labor Dispute Required For Certain Policies
An insurer may not deliver or issue for delivery a policy subject to this subchapter unless the policy provides that if the employees covered by ...
- Texas Insurance Code Section 1131.853 - Contributions If Policyholder Is Trustee
(a) An employee's contribution for purposes of a policy as to which the policyholder is a trustee or the trustees of a fund established or ...
- Texas Insurance Code Section 1131.854 - Contributions If Policyholder Is Not Trustee
(a) A policy as to which the policyholder is not a trustee or the trustees of a fund established or maintained in whole or in ...
- Texas Insurance Code Section 1131.855 - Payment Of Contribution And Premium
A policy may provide that continuation of coverage for an employee under the policy is contingent on timely payment of: (1) contributions by the employee; ...
- Texas Insurance Code Section 1131.856 - Past Due Premium
(a) A policy may provide that the continuation of coverage is contingent on payment of any premium that: (1) is unpaid on the date the ...
- Texas Insurance Code Section 1131.857 - Individual Premium Rate Increase
(a) A policy may provide that, during the period of a work stoppage, an individual premium rate may be increased by an amount not to ...
- Texas Insurance Code Section 1131.858 - Premium Rate Change Not Limited
(a) This subchapter does not limit any right of the insurer under a policy to increase or decrease a premium rate before, during, or after ...
- Texas Insurance Code Section 1131.859 - Limitations On Continuation Of Coverage
This subchapter does not require the continuation of coverage under a policy for a period: (1) longer than six months after a work stoppage occurs; ...
- Texas Insurance Code Section 1131.860 - Other Provisions; Commissioner Approval Required
A policy may contain any other provision relating to continuation of policy coverage during a work stoppage that the commissioner approves. Added by Acts 2001, ...
- Texas Insurance Code Section 1132.001 - Notice Of Rate Increase
(a) In this section, "insurer" means: (1) a life insurance company; (2) an accident insurance company; (3) a general casualty insurance company; (4) a mutual ...
- Texas Insurance Code Section 1151.001 - Definition
In this chapter, "industrial life insurance" means life insurance under which the premiums are payable: (1) weekly; or (2) less often than weekly but at ...
- Texas Insurance Code Section 1151.002 - General Applicability Of Chapter
(a) Except as provided by other law, this chapter controls the form and content of an industrial life insurance policy delivered or issued for delivery ...
- Texas Insurance Code Section 1151.003 - Applicability Of Chapter To Policy Providing Accident And Health Benefits
Except as otherwise provided by this chapter, if an industrial life insurance policy provides accident and health benefits in addition to natural death benefits, this ...
- Texas Insurance Code Section 1151.004 - Certain Associations Excepted
This chapter does not apply to any of the following associations operating under Chapter 886: (1) a local mutual aid association; (2) a statewide mutual ...
- Texas Insurance Code Section 1151.005 - Certain Nonprofit Organizations Excepted
This chapter does not apply to: (1) an order, society, association, or labor organization that: (A) admits to membership only persons engaged in one or ...
- Texas Insurance Code Section 1151.051 - Policy Title
An industrial life insurance policy must contain a title on the face of the policy that: (1) briefly describes the form of the policy; and ...
- Texas Insurance Code Section 1151.052 - Entire Contract
(a) An industrial life insurance policy must provide that the policy is the entire contract between the parties, except that at the option of the ...
- Texas Insurance Code Section 1151.053 - Agent Unauthorized To Waive Or Change Terms
An industrial life insurance policy must provide that an agent may not waive or change the terms of an application or policy. Added by Acts ...
- Texas Insurance Code Section 1151.054 - Statement Made By Or On Behalf Of Insured
An industrial life insurance policy must provide that, in the absence of fraud, a statement made by the insured or on behalf of the insured ...
- Texas Insurance Code Section 1151.055 - Incontestability Of Policy
An industrial life insurance policy must provide that, after the policy has been in force for two years from its date of issue during the ...
- Texas Insurance Code Section 1151.056 - Adjustment Of Amount Payable If Age Of Insured Is Misstated
An industrial life insurance policy must provide that, if the age of the insured is misstated, the amount payable under the policy is the amount ...
- Texas Insurance Code Section 1151.057 - Grace Period
(a) An industrial life insurance policy must provide that the insured is entitled to a grace period stated in the policy within which any premium ...
- Texas Insurance Code Section 1151.058 - Nonforfeiture Benefits And Cash Surrender Values In General
An industrial life insurance policy must provide, in case of default in payment of premiums, nonforfeiture benefits and cash surrender values in accordance with: (1) ...
- Texas Insurance Code Section 1151.059 - Surplus
An industrial life insurance policy that is a participating policy must provide that the insurer shall annually determine and apportion any divisible surplus accruing on ...
- Texas Insurance Code Section 1151.060 - Claim Based On Death Of Insured
An industrial life insurance policy must provide that if a claim arises as the result of the death of the insured, the insurer shall settle ...
- Texas Insurance Code Section 1151.061 - Reinstatement Of Policy
(a) An industrial life insurance policy must provide that unless the cash surrender value has been paid or the term of extended insurance has expired, ...
- Texas Insurance Code Section 1151.062 - Exception For Policies Issued Or Granted Under Certain Nonforfeiture Provisions
This subchapter does not apply to a policy issued or granted under a nonforfeiture provision prescribed by Section 1151.058. Added by Acts 2001, 77th Leg., ...
- Texas Insurance Code Section 1151.101 - Authorized Provisions
In addition to the provisions required by Subchapter B and Section 1151.152, an industrial life insurance policy may: (1) exclude liability or promise a benefit ...
- Texas Insurance Code Section 1151.102 - Prohibited Provisions
(a) An industrial life insurance policy may not: (1) require a cause of action based on the policy to be initiated before the second anniversary ...
- Texas Insurance Code Section 1151.151 - Extended Term Or Paid-Up Insurance For Certain Policies
(a) This section applies only to a policy delivered or issued for delivery in this state before March 29, 1941, under former Article 3.43 of ...
- Texas Insurance Code Section 1151.152 - Provisions Concerning Stipulated Form Of Insurance Or Specified Cash Surrender Value In Certain Policies
(a) An industrial life insurance policy issued before the date described by Section 1151.058(2) must contain a provision substantially as follows: (1) in case of ...
- Texas Insurance Code Section 1151.153 - Computation Of Net Value Of Stipulated Form Of Insurance Or Specified Cash Surrender Value
(a) The net value of the stipulated form of insurance or the specified cash surrender value available under Section 1151.152 may not be less than ...
- Texas Insurance Code Section 1151.154 - Surrender Of Policy For Specified Cash Surrender Value
(a) An industrial life insurance policy issued before the date described by Section 1151.058(2) under which the insured applies for cash surrender value must be ...
- Texas Insurance Code Section 1152.001 - Applicability Of Code
(a) Except as provided by Subsection (b), this code applies to separate accounts described by this chapter and contracts relating to those accounts. (b) The ...
- Texas Insurance Code Section 1152.002 - Rules
The commissioner may adopt rules that are fair, reasonable, and appropriate to augment and implement this chapter, including rules establishing requirements for: (1) agent licensing; ...
- Texas Insurance Code Section 1152.051 - Establishment Of Separate Accounts
A domestic life insurance company may establish separate accounts under this subchapter and may allocate to each account amounts, including proceeds applied under optional modes ...
- Texas Insurance Code Section 1152.052 - Ownership Of Amounts In Separate Account
(a) An insurance company owns an amount allocated to a separate account under this subchapter. (b) The company is not and may not represent itself ...
- Texas Insurance Code Section 1152.053 - Transfer Of Assets Between Separate Accounts
(a) Except as provided by Subsection (b), an insurance company may not sell, exchange, or otherwise transfer an asset between the company's separate accounts or ...
- Texas Insurance Code Section 1152.054 - Compliance With Federal Or State Law For Separate Account
(a) To comply with a federal or state law, an insurance company with respect to any separate account, including a separate account that is a ...
- Texas Insurance Code Section 1152.055 - Guaranteed Benefits And Money Restriction For Separate Accounts
An insurance company may not maintain a reserve for a benefit guaranteed as to dollar amount and duration or funds guaranteed as to principal amount ...
- Texas Insurance Code Section 1152.056 - Investment Limits Not Applicable To Separate Account
Except as provided by Section 1152.055: (1) an amount allocated to a separate account, including an accumulation on that amount, may be invested without regard ...
- Texas Insurance Code Section 1152.057 - Allocation Of Income, Gains, Or Losses On Separate Account
An insurance company shall credit to or charge against a separate account the income, gain, or loss, realized or unrealized, from an asset allocated to ...
- Texas Insurance Code Section 1152.058 - Asset Valuation In Separate Account
An asset allocated to a separate account is valued: (1) at its market value on the date of valuation; (2) as provided under a contract, ...
- Texas Insurance Code Section 1152.059 - Separate Account Not Chargeable With Other Liabilities
To the extent provided under the applicable contracts, the portion of a separate account's assets equal to the reserves and other contract liabilities regarding that ...
- Texas Insurance Code Section 1152.101 - Sole Authority To Regulate Variable Contracts
The commissioner has sole authority to regulate the issuance and sale of a variable contract under: (1) this chapter; and (2) rules adopted under Section ...
- Texas Insurance Code Section 1152.102 - Authorization Required For Variable Contracts
(a) An insurance company may not deliver or issue for delivery a variable contract in this state unless authorized by the commissioner under this section. ...
- Texas Insurance Code Section 1152.103 - Consideration Of Company's Condition Or Method Of Operation
(a) For purposes of this section, the domicile of an alien company is its state of entry. (b) In considering a company's condition or method ...
- Texas Insurance Code Section 1152.104 - Authorization For Subsidiary Or Affiliate Of Authorized Life Insurance Company
The commissioner may determine, after notice and hearing, that a company that is a subsidiary of or affiliated with an authorized life insurance company through ...
- Texas Insurance Code Section 1152.105 - Waiver Of Hearing Requirement
(a) If a company, its parent, or a commonly controlled affiliate is an authorized life insurance company, the company may apply to the commissioner for ...
- Texas Insurance Code Section 1152.106 - Reserve Liability For Variable Contract
The reserve liability for a variable contract must be established under actuarial procedures that recognize: (1) the variable nature of the benefits provided; and (2) ...
- Texas Insurance Code Section 1152.107 - Separate Annual Statement Required
(a) An insurance company authorized under this subchapter to issue, deliver, or use a variable annuity contract or variable life contract shall file with the ...
- Texas Insurance Code Section 1152.108 - Grace, Reinstatement, And Nonforfeiture Provisions Required
(a) An individual variable life insurance or individual variable annuity contract delivered or issued for delivery in this state must contain grace, reinstatement, and nonforfeiture ...
- Texas Insurance Code Section 1152.109 - Variable Benefits Provisions
(a) A contract providing benefits payable in variable amounts that is delivered or issued for delivery in this state must state the essential features of ...
- Texas Insurance Code Section 1152.151 - Agent's License Required
(a) A person may not sell or offer for sale in this state a variable contract, or act to negotiate, make, or consummate a variable ...
- Texas Insurance Code Section 1152.201 - Definition
In this subchapter, "modified guaranteed contract" means an individual life insurance policy or deferred annuity contract as to which: (1) the underlying assets are held ...
- Texas Insurance Code Section 1152.202 - Applicability Of Laws Governing Life Insurance Companies
Unless otherwise approved by the commissioner, the laws of this state governing the investments of life insurance companies apply to an asset held in a ...
- Texas Insurance Code Section 1152.203 - Rules
In addition to any rules adopted under Section 1152.002, the commissioner may adopt reasonable rules that apply only to a modified guaranteed contract, to appropriately ...
- Texas Insurance Code Section 1152.204 - Nonforfeiture Values
(a) A modified guaranteed contract must contain nonforfeiture values that are based on a market-value adjustment formula if the contract is held for a period ...
- Texas Insurance Code Section 1152.205 - Separate Account Statement
An insurance company that files a separate account statement under Section 1152.107 shall include in that statement a statement for each separate account that relates ...
- Texas Insurance Code Section 1153.001 - Short Title
This chapter may be cited as the Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance. Added by Acts 2001, ...
- Texas Insurance Code Section 1153.002 - Purpose; Legislative Intent; Construction
(a) The purpose of this chapter is to promote the public welfare by regulating credit life insurance and credit accident and health insurance. (b) This ...
- Texas Insurance Code Section 1153.003 - Definitions
In this chapter: (1) "Credit accident and health insurance" means insurance to provide indemnity for payments that become due on a specific credit transaction of ...
- Texas Insurance Code Section 1153.004 - Applicability Of Chapter
(a) This chapter applies to life insurance and accident and health insurance that is sold in connection with a credit transaction that is charged to ...
- Texas Insurance Code Section 1153.005 - Rules
After notice and a hearing, the commissioner may adopt rules to implement this chapter. Added by Acts 2001, 77th Leg., ch. 1419, § 2, eff. ...
- Texas Insurance Code Section 1153.006 - Filing Fee
(a) The department shall set and collect a fee for a form or schedule filed under this chapter in an amount not to exceed $200. ...
- Texas Insurance Code Section 1153.007 - Gain Or Advantage From Insurance Not Prohibited Charge
(a) The premium or cost of credit life insurance or credit accident and health insurance authorized under this chapter is not considered to be interest, ...
- Texas Insurance Code Section 1153.051 - Filing Of Form
(a) An insurer shall file with the commissioner the form of each policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement, and ...
- Texas Insurance Code Section 1153.052 - Requirements Relating To Insurance Policy Or Certificate
(a) A policy or certificate of credit life insurance or credit accident and health insurance must: (1) specify: (A) the name and home office address ...
- Texas Insurance Code Section 1153.053 - Disapproval Of Form
(a) Not later than the 60th day after the date an insurer files a form under Section 1153.051, the commissioner shall disapprove the form if: ...
- Texas Insurance Code Section 1153.054 - Withdrawal Of Approval Of Form
The commissioner may hold a hearing on the withdrawal of the approval of a form not earlier than the 21st day after the date written ...
- Texas Insurance Code Section 1153.055 - Prohibitions Relating To Issuance Or Use Of Form
(a) A policy, certificate of insurance, notice of proposed insurance, application for insurance, endorsement, or rider to which this chapter applies may not be issued ...
- Texas Insurance Code Section 1153.101 - Filing Of Schedule Of Rates
An insurer shall file with the commissioner each schedule of premium rates relating to a document required to be filed under Section 1153.051. Added by ...
- Texas Insurance Code Section 1153.102 - Revision Of Schedule Of Rates
(a) An insurer may revise its schedules of premium rates for various classes of business. (b) The insurer shall file the revised schedules and classes ...
- Texas Insurance Code Section 1153.103 - Presumptive Premium Rate
(a) After notice and a hearing, the commissioner by rule may adopt a presumptive premium rate for various classes of business and terms of coverage. ...
- Texas Insurance Code Section 1153.104 - Appeal Of Presumptive Rate
Any person who is aggrieved by any action of the commissioner taken in the setting of a presumptive rate may, not later than the 30th ...
- Texas Insurance Code Section 1153.105 - Rate Within Certain Percentages Of Presumptive Rate
(a) An insurer electing to deviate from the presumptive rate shall file with the commissioner the insurer's proposed rate for credit life and credit accident ...
- Texas Insurance Code Section 1153.106 - Rate Outside Certain Percentages Of Presumptive Rate
(a) An insurer may file with the commissioner a proposed rate for credit life and credit accident and health insurance that is more than 30 ...
- Texas Insurance Code Section 1153.107 - Rate Standard
(a) A rate filed under this subchapter is not excessive unless the rate is unreasonably high for the coverage provided and a reasonable degree of ...
- Texas Insurance Code Section 1153.151 - Forms Of Credit Life Insurance
Credit life insurance may be issued only as: (1) an individual policy of life insurance issued to a debtor on a term plan; or (2) ...
- Texas Insurance Code Section 1153.152 - Forms Of Credit Accident And Health Insurance
Credit accident and health insurance may be issued only as: (1) an individual policy of accident and health insurance issued to a debtor on a ...
- Texas Insurance Code Section 1153.153 - Evidence Of Insurance
Credit life insurance or credit accident and health insurance shall be evidenced by an individual policy or group certificate of insurance. Added by Acts 2001, ...
- Texas Insurance Code Section 1153.154 - Requirements For Delivery Or Issuance Of Credit Insurance Policy
A policy of credit life insurance or credit accident and health insurance that is delivered or issued for delivery in this state may be delivered ...
- Texas Insurance Code Section 1153.155 - Limits On Amount Of Credit Life Insurance
(a) The initial amount of credit life insurance on a debtor may not exceed the total amount of debt repayable under the contract that evidences ...
- Texas Insurance Code Section 1153.156 - Limits On Amount Of Credit Accident And Health Insurance
(a) The total amount of indemnity payable by credit accident and health insurance may not exceed the total amount of debt repayable under the contract ...
- Texas Insurance Code Section 1153.157 - Beginning Of Term Of Credit Insurance Coverage
(a) Except as otherwise provided by this section, the term of credit life insurance or credit accident and health insurance begins, subject to acceptance by ...
- Texas Insurance Code Section 1153.158 - Delivery Of Evidence Of Insurance To Debtor
(a) At the time a debt for which credit insurance is sold is incurred: (1) the individual policy or group certificate of insurance, as appropriate, ...
- Texas Insurance Code Section 1153.159 - Requirements Relating To Application For Insurance Or Notice Of Proposed Insurance
A copy of an application for insurance or a notice of proposed insurance delivered under Section 1153.158 must: (1) be signed by the debtor; (2) ...
- Texas Insurance Code Section 1153.160 - Termination Of Credit Insurance
(a) The term of credit life insurance or credit accident and health insurance must end not later than the 15th day after the scheduled maturity ...
- Texas Insurance Code Section 1153.161 - Insurance May Be Provided By Debtor
If credit life insurance or credit accident and health insurance is required as additional security for a debt, the debtor, on request to the creditor, ...
- Texas Insurance Code Section 1153.201 - Maximum Amount Of Insurance Charge To Debtor
A creditor may not charge a debtor for credit life or credit accident and health insurance issued to the debtor an amount that exceeds the ...
- Texas Insurance Code Section 1153.202 - Refund Of Insurance Charge On Termination Of Debt Or Insurance; Filing Of Formula
(a) Each individual policy or group policy and group certificate shall provide that if the underlying debt or the insurance terminates before the scheduled maturity ...
- Texas Insurance Code Section 1153.203 - Certain Refunds Or Adjustments Required
(a) If the beginning of the term of insurance is delayed under Section 1153.157(c), the charge to the debtor for insurance shall be adjusted or ...
- Texas Insurance Code Section 1153.204 - Claim Under Policy
(a) A claim for recovery under a policy to which this chapter applies shall be reported promptly to the insurer or the insurer's designated claim ...
- Texas Insurance Code Section 1153.701 - Compliance Order
(a) If, after written notice to an insurer or other person who holds a license or other authorization issued by the commissioner and a hearing, ...
- Texas Insurance Code Section 1153.702 - Penalty
(a) An individual, firm, or corporation who violates a final order issued under this chapter is liable to the state in a civil action for ...
- Texas Insurance Code Section 1153.703 - Revocation Or Suspension Of Authority On Violation Of Order
After notice and a hearing, the commissioner may revoke or suspend the license or certificate of authority of an individual, firm, or corporation that violates ...
- Texas Insurance Code Section 1201.001 - Definitions
In this chapter: (1) "Accident and health insurance policy" includes any policy or contract that provides insurance against loss resulting from: (A) accidental bodily injury; ...
- Texas Insurance Code Section 1201.002 - Purpose
The purpose of this chapter is to: (1) provide for reasonable standardization, readability, and simplification of terms and coverages in individual accident and health insurance ...
- Texas Insurance Code Section 1201.003 - Applicability Of Chapter
(a) This chapter applies only to an accident and health insurance policy delivered or issued for delivery in this state. (b) Except as otherwise provided ...
- Texas Insurance Code Section 1201.004 - Construction Of Chapter
This chapter does not enlarge the powers of an entity listed in Section 1201.003. Added by Acts 2003, 78th Leg., ch. 1274, § 3, eff. ...
- Texas Insurance Code Section 1201.005 - References To Chapter
In this chapter, a reference to this chapter includes a reference to: (1) Section 1202.052; (2) Section 1271.005(a), to the extent that the subsection relates ...
- Texas Insurance Code Section 1201.006 - Rulemaking Authority
The commissioner may adopt reasonable rules as necessary to implement the purposes and provisions of this chapter. Added by Acts 2003, 78th Leg., ch. 1274, ...
- Texas Insurance Code Section 1201.007 - Notice And Hearing
The commissioner may adopt a general rule or order relating to a matter covered by this chapter only after a hearing held after the 10th ...
- Texas Insurance Code Section 1201.008 - Judicial Review
An insurer that is dissatisfied with an order, act, rule, administrative ruling, or decision of the commissioner under this chapter may, after failing to get ...
- Texas Insurance Code Section 1201.009 - Nonconforming Policy
(a) This chapter governs the rights, duties, and obligations of the insurer, the insured, and the beneficiary of an accident and health insurance policy regardless ...
- Texas Insurance Code Section 1201.010 - Third-Party Ownership Of Policy
The use of "insured" in this chapter does not prevent a person with an insurable interest, other than the insured, from: (1) applying for and ...
- Texas Insurance Code Section 1201.011 - Coverage For Premium Period With Limitations By Age Or Date; Misstatement Of Age Of Insured
(a) Regardless of a provision in an individual accident and health insurance policy that specifies a date, by age limitation or otherwise, after which coverage ...
- Texas Insurance Code Section 1201.012 - Defense Of Claim
The following actions by an insurer do not operate as a waiver of the insurer's rights in defense of a claim that arises under an ...
- Texas Insurance Code Section 1201.051 - Entire Consideration
An individual accident and health insurance policy must state the entire monetary and other consideration for the policy in the policy or in the application, ...
- Texas Insurance Code Section 1201.052 - Time Of Effectiveness And Termination
An individual accident and health insurance policy must state the time the insurance takes effect and the time the insurance terminates. Added by Acts 2003, ...
- Texas Insurance Code Section 1201.053 - Persons Insured
(a) Except as provided by this section, an individual accident and health insurance policy may not insure more than one individual. (b) On the application ...
- Texas Insurance Code Section 1201.054 - Appearance Of Text
(a) In this section, "text" includes all printed matter of an individual accident and health insurance policy except: (1) the name and address of the ...
- Texas Insurance Code Section 1201.055 - Exceptions And Reductions Of Indemnity
(a) An individual accident and health insurance policy must state each exception to or reduction of indemnity for the policy. (b) Except as provided by ...
- Texas Insurance Code Section 1201.056 - Form Number
Each form that constitutes a part of an individual accident and health insurance policy, including each rider or endorsement, must be identified by a form ...
- Texas Insurance Code Section 1201.057 - Incorporation Of Or Reference To Other Documents
(a) An individual accident and health insurance policy that provides that a portion of the charter, rules, constitution, or bylaws of the insurer are a ...
- Texas Insurance Code Section 1201.058 - Notification That Policy Is Returnable; Effect Of Return
(a) An individual accident and health insurance policy must include a notice that states in substance that the individual to whom the policy is issued ...
- Texas Insurance Code Section 1201.059 - Termination Of Coverage Based On Age Of Child In Individual, Blanket, Or Group Policy
(a) An accident and health insurance policy, including an individual, blanket, or group policy, and including a policy issued by a corporation operating under Chapter ...
- Texas Insurance Code Section 1201.060 - Required Definition Of "Emergency Care" In Individual Or Group Policy
An individual or group accident and health insurance policy that provides an emergency care benefit, including a policy issued by a corporation operating under Chapter ...
- Texas Insurance Code Section 1201.0601 - Required Definitions: Specified Disease Policy
An individual or group specified disease insurance policy that uses the term "actual charge" or "actual fee" must define the terms as follows: "Actual charge" ...
- Texas Insurance Code Section 1201.061 - Coverage For Adopted Child
(a) An individual accident and health insurance policy that provides coverage for an insured's immediate family or children may not, solely because the insured's child ...
- Texas Insurance Code Section 1201.062 - Coverage For Certain Children In Individual Or Group Policy Or In Plan Or Program
(a) An individual or group accident and health insurance policy that is delivered, issued for delivery, or renewed in this state, including a policy issued ...
- Texas Insurance Code Section 1201.063 - Prohibition Of Certain Criteria Relating To Child's Coverage In Individual Or Group Policy
Regarding a natural or adopted child of an insured or group member or a child for whom the insured or group member must provide medical ...
- Texas Insurance Code Section 1201.064 - Coverage For Child Of Spouse In Individual Or Group Policy
An individual or group accident and health insurance policy that provides coverage for a child of an insured or group member may not: (1) set ...
- Texas Insurance Code Section 1201.065 - Age And School Enrollment Eligibility Criteria For Dependent Children In Individual Or Group Policy; Late Enrollment
(a) An individual or group accident and health insurance policy may contain criteria relating to a maximum age or enrollment in school to establish continued ...
- Texas Insurance Code Section 1201.101 - Standards For Policy Provisions
(a) The commissioner shall adopt reasonable rules establishing specific standards for: (1) the content of an individual accident and health insurance policy; and (2) the ...
- Texas Insurance Code Section 1201.102 - Prohibition Of Policy Provisions
The commissioner may adopt rules prohibiting specific individual accident and health insurance policy provisions not specifically authorized by statute that the commissioner determines are unjust, ...
- Texas Insurance Code Section 1201.103 - Compliance With Minimum Standards For Benefits
(a) An individual accident and health insurance policy must meet the minimum standards for benefits established under Section 1201.104 for each category of coverage provided ...
- Texas Insurance Code Section 1201.104 - Minimum Standards For Benefits
(a) For individual accident and health insurance policies, the commissioner shall adopt rules establishing minimum standards for benefits under each of the following categories of ...
- Texas Insurance Code Section 1201.105 - Minimum Standards For Benefits For Long-Term Care In Individual, Group, Or Blanket Policy
(a) The commissioner shall adopt rules establishing minimum standards for benefits for long-term care coverage under individual, group, and blanket accident and health insurance policies ...
- Texas Insurance Code Section 1201.106 - Identification Of Policies According To Coverage Provided
The commissioner shall prescribe the method to identify an individual accident and health insurance policy according to the coverages the policy provides. Added by Acts ...
- Texas Insurance Code Section 1201.107 - Outline Of Coverage Required
(a) An outline of coverage for an individual accident and health insurance policy must be delivered to the applicant at the time application is made, ...
- Texas Insurance Code Section 1201.108 - Format And Content Of Outline Of Coverage
(a) In this section, "format" means style, arrangement, and overall appearance, including: (1) the size, color, and prominence of type; and (2) the arrangement of ...
- Texas Insurance Code Section 1201.151 - Compliance With Subchapter; Prohibition Of Defense
Except as provided by this subchapter, an individual accident and health insurance policy may not include a provision that permits a defense based on a ...
- Texas Insurance Code Section 1201.152 - Coverage Under Simplified Application Form
(a) Notwithstanding Clause (b) of the provision required by Section 1201.208(a), an individual accident and health insurance policy must cover any loss that occurs after ...
- Texas Insurance Code Section 1201.153 - Coverage For Individuals Age 65 Or Older
(a) Notwithstanding Section 1201.152 or Clause (b) of the provision required by Section 1201.208(a), an individual accident and health insurance policy delivered or issued for ...
- Texas Insurance Code Section 1201.154 - Coverage For Certain Previously Covered Persons
(a) In this section, "creditable coverage" has the meaning assigned by Section 1205.004(a). (b) A preexisting condition provision in an individual accident and health insurance ...
- Texas Insurance Code Section 1201.201 - Policy Provisions Required
(a) Except as provided by Subsections (b) and (c), an individual accident and health insurance policy must contain the provisions required by this subchapter in ...
- Texas Insurance Code Section 1201.202 - Order Of Required Policy Provisions
(a) Except as provided by Subsection (b), policy provisions required by this subchapter or corresponding substitute provisions must be printed in the same consecutive order ...
- Texas Insurance Code Section 1201.203 - Other Policy Provisions
A policy provision that is not otherwise subject to this subchapter may not make an individual accident and health insurance policy or any portion of ...
- Texas Insurance Code Section 1201.204 - Policy Provisions Required By Other Jurisdiction
An individual accident and health insurance policy of a foreign or alien insurer may contain any provision that is: (1) not less favorable to the ...
- Texas Insurance Code Section 1201.205 - Policy Provisions For Policy Delivered Outside This State
An individual accident and health insurance policy issued by a domestic insurer for delivery in another state or country may contain any provision permitted or ...
- Texas Insurance Code Section 1201.206 - Filing Procedure
(a) The commissioner may adopt reasonable rules regarding the procedure for submitting policies subject to this chapter that are necessary, proper, or advisable for the ...
- Texas Insurance Code Section 1201.207 - Policy Provision: Entirety Of Contract; Policy Changes
An individual accident and health insurance policy must contain the following provision: "Entire Contract; Changes: This policy, including the endorsements and the attached papers, if ...
- Texas Insurance Code Section 1201.208 - Policy Provision: Incontestability
(a) Except as provided by Subsection (c), an individual accident and health insurance policy must contain the following provision: "Time Limit on Certain Defenses: (a) ...
- Texas Insurance Code Section 1201.209 - Policy Provision: Grace Period
(a) An individual accident and health insurance policy must contain the following provision: "Grace Period: A grace period of __________ (insert appropriate number) days will ...
- Texas Insurance Code Section 1201.210 - Policy Provision: Reinstatement
(a) Except as provided by Subsection (b), an individual accident and health insurance policy must contain the following provision: "Reinstatement: If a renewal premium is ...
- Texas Insurance Code Section 1201.211 - Policy Provision: Notice Of Claim
(a) Except as provided by Subsection (b), an individual accident and health insurance policy must contain the following provision: "Notice of Claim: A written notice ...
- Texas Insurance Code Section 1201.212 - Policy Provision: Claim Forms
(a) Except as provided by Subsection (b), an individual accident and health insurance policy must contain the following provision: "Claim Forms: The insurer, on receipt ...
- Texas Insurance Code Section 1201.213 - Policy Provision: Proof Of Loss
An individual accident and health insurance policy must contain the following provision: "Proof of Loss: For a claim for loss for which this policy provides ...
- Texas Insurance Code Section 1201.214 - Policy Provision: Time Of Payment Of Claims
(a) Except as provided by Subsection (c), an individual accident and health insurance policy must contain the following provision: "Time of Payment of Claims: Indemnities ...
- Texas Insurance Code Section 1201.215 - Policy Provision: Payment Of Claims
(a) Except as provided by Subsection (d), an individual accident and health insurance policy must contain the following provision: "Payment of Claims: Indemnity for loss ...
- Texas Insurance Code Section 1201.216 - Policy Provision: Physical Examinations And Autopsy
An individual accident and health insurance policy must contain the following provision: "Physical Examinations and Autopsy: The insurer at its own expense has the right ...
- Texas Insurance Code Section 1201.217 - Policy Provision: Legal Actions
An individual accident and health insurance policy must contain the following provision: "Legal Actions: An action at law or in equity may not be brought ...
- Texas Insurance Code Section 1201.218 - Policy Provision: Change Of Beneficiary
(a) Except as provided by Subsection (b), an individual accident and health insurance policy must contain the following provision: "Change of Beneficiary: Unless the insured ...
- Texas Insurance Code Section 1201.219 - Policy Provision: Change Of Occupation
An individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision: "Change of Occupation: ...
- Texas Insurance Code Section 1201.220 - Policy Provision: Misstatement Of Age
An individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision: "Misstatement of Age: ...
- Texas Insurance Code Section 1201.221 - Policy Provision: Excess Insurance
An individual accident and health insurance policy must contain one of the following provisions if the policy addresses the subject matter of the provision: "Other ...
- Texas Insurance Code Section 1201.222 - Policy Provision: Relation Of Earnings To Insurance
(a) Subject to Subsection (b), an individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of ...
- Texas Insurance Code Section 1201.223 - Policy Provision: Unpaid Premium
An individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision: "Unpaid Premium: At ...
- Texas Insurance Code Section 1201.224 - Policy Provision: Cancellation
An individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision: "Cancellation: The insurer ...
- Texas Insurance Code Section 1201.225 - Policy Provision: Conformity With State Statutes
An individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision: "Conformity With State ...
- Texas Insurance Code Section 1201.226 - Policy Provision: Illegal Occupation
An individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision: "Illegal Occupation: The ...
- Texas Insurance Code Section 1201.227 - Policy Provision: Intoxicants And Narcotics
An individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision: "Intoxicants and Narcotics: ...
- Texas Insurance Code Section 1201.271 - Alteration Of Policy Application
(a) A person may not alter a written application for an individual accident and health insurance policy unless the person has the written consent of ...
- Texas Insurance Code Section 1201.272 - False Statements
The falsity of a statement in an application for an individual accident and health insurance policy does not bar a right to recovery under the ...
- Texas Insurance Code Section 1201.273 - Binding Statements
An insured may not be bound by a statement made in an application for an individual accident and health insurance policy unless a copy of ...
- Texas Insurance Code Section 1201.274 - Insurer's Evidentiary Use Of Application For Reinstatement Or Renewal
(a) If an individual accident and health insurance policy is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes ...
- Texas Insurance Code Section 1201.701 - Civil Penalty
A person, partnership, or corporation that wilfully violates this chapter or an order of the commissioner made under this chapter is liable to the state ...
- Texas Insurance Code Section 1201.702 - Action Against Certificate Of Authority Or License
The commissioner may suspend or revoke the certificate of authority or license of an insurer or agent who wilfully violates this chapter or an order ...
- Texas Insurance Code Section 1202.001 - Continuous Policies
(a) A guaranteed renewable insurance policy or a noncancellable insurance policy is considered to be a continuous policy, subject only to the policy terms and ...
- Texas Insurance Code Section 1202.051 - Renewability And Continuation Of Individual Health Insurance Policies
(a) This section applies only to an individual health insurance policy that provides benefits for medical care under a hospital, medical, or surgical policy. (b) ...
- Texas Insurance Code Section 1202.052 - Cancellation Prohibited For Aids Or Hiv
(a) In this section, "AIDS" and "HIV" have the meanings assigned by Section 81.101, Health and Safety Code. (b) Except as provided by Subsection (c), ...
- Texas Insurance Code Section 1203.001 - Applicability Of Chapter
(a) This chapter applies only to: (1) a policy of group accident and health insurance as described by Chapter 1251; (2) a policy of blanket ...
- Texas Insurance Code Section 1203.002 - Certain Coordination Of Benefits Provisions Prohibited
(a) An accident and health insurance policy or evidence of coverage may not be delivered, issued for delivery, or renewed in this state if: (1) ...
- Texas Insurance Code Section 1203.003 - Certain Coordination Of Benefits Provisions Void
A provision of an accident and health insurance policy or evidence of coverage that violates Section 1203.002 is void. Added by Acts 2003, 78th Leg., ...
- Texas Insurance Code Section 1204.001 - Nonapplicability To Certain Facilities
This subchapter does not apply to indigent care or chronic disease care provided in or by an eleemosynary institution, sanitarium, sanitorium, mental health treatment facility, ...
- Texas Insurance Code Section 1204.002 - Benefits Payable For Treatment Provided By Hospital Owned By State Or Unit Of Local Government
An insurance policy providing hospital, nursing, medical, or surgical coverage that is issued or delivered in this state after August 27, 1973, may not include ...
- Texas Insurance Code Section 1204.051 - Definitions
In this subchapter: (1) "Covered person" means a person who is insured or covered by a health insurance policy or is a participant in an ...
- Texas Insurance Code Section 1204.052 - Applicability To Certain Plans Or Programs
This subchapter applies to: (1) an employee benefit plan, to the extent not preempted by the Employee Retirement Income Security Act of 1974 (29 U.S.C. ...
- Texas Insurance Code Section 1204.053 - Assignment Of Benefits
(a) An insurer may not deliver, renew, or issue for delivery in this state a health insurance policy that prohibits or restricts a covered person ...
- Texas Insurance Code Section 1204.054 - Payment Of Benefits According To Assignment
An insurer shall pay benefits directly to a physician or other health care provider, and the insurer is relieved of the obligation to pay, and ...
- Texas Insurance Code Section 1204.055 - Contractual Responsibility For Deductibles And Copayments
(a) The payment of benefits under an assignment does not relieve a covered person of a contractual obligation to pay a deductible or copayment. (b) ...
- Texas Insurance Code Section 1204.101 - Definitions
In this subchapter: (1) "Health benefit plan" means a group, blanket, or franchise insurance policy, a group hospital service contract, or a group subscriber contract ...
- Texas Insurance Code Section 1204.102 - Required Claim Billing Forms
A provider who seeks payment or reimbursement under a health benefit plan and the health benefit plan issuer that issued the plan shall use uniform ...
- Texas Insurance Code Section 1204.151 - Definition
In this subchapter, "policy" means an individual or group policy of accident and health insurance, including a policy issued by a group hospital service corporation ...
- Texas Insurance Code Section 1204.152 - Payment For Certain Expenses Incurred By Texas Department Of Human Services
Each policy delivered or issued for delivery in this state must provide for the repayment of the actual costs of medical expenses the Texas Department ...
- Texas Insurance Code Section 1204.153 - Payments To Texas Department Of Human Services For Certain Children
(a) This section applies only to a policy that is delivered, issued for delivery, or renewed in this state and that provides coverage for a ...
- Texas Insurance Code Section 1204.154 - Uniform Provisions
(a) The commissioner shall adopt uniform policy provisions, riders, and endorsements for the policy requirement of Section 1204.153. (b) Before the commissioner adopts or makes ...
- Texas Insurance Code Section 1204.201 - Prohibition Of Exclusion Of Certain Medical Assistance Benefits
An individual or group accident and health insurance policy delivered or issued for delivery in this state, including a policy issued by a group hospital ...
- Texas Insurance Code Section 1204.251 - Payment To Conservator Other Than Group Member
(a) An insurer or group hospital service corporation operating under Chapter 842 that delivers, issues for delivery, or renews in this state a group accident ...
- Texas Insurance Code Section 1204.252 - Preconditions For Payment; Exceptions
(a) In accordance with the terms of the policy and this subchapter, an insurer or group hospital service corporation may be required to pay benefits ...
- Texas Insurance Code Section 1204.253 - Rules
The commissioner may adopt r |