Texas Insurance Code

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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 exa