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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 acquisiti