Texas Insurance Code Title 13, Chapter 4001 - Agent Licensing In General

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 4001.001 - Purpose
  It is the intent of the legislature to: (1) simplify and reform the regulation of agents and other persons regulated under this title in this...
• Texas Section 4001.002 - Applicability
  (a) Except as otherwise provided by this code, this title applies to each person licensed under: (1) Subchapter H, Chapter 885; (2) Subchapter F, Chapter...
• Texas Section 4001.003 - Definitions
  Unless the context clearly indicates otherwise, in this title: (1) "Agent" means a person who is an authorized agent of an insurer or health maintenance...
• Texas Section 4001.004 - Limited Liability Companies
  The licensing and regulation of a limited liability company are subject to each provision of this title that applies to a corporation licensed under this...
• Texas Section 4001.005 - Rules
  The commissioner may adopt rules necessary to implement this title and to meet the minimum requirements of federal law, including regulations. Added by Acts 2003,...
• Texas Section 4001.006 - Fees
  (a) The department shall collect from each agent of an insurer writing insurance in this state under this code: (1) a nonrefundable license application fee;...
• Texas Section 4001.007 - Investigation Of Alleged Violations
  (a) The department may: (1) employ persons as the department considers necessary to investigate and make reports regarding alleged violations of this code and misconduct...
• Texas Section 4001.008 - Commissioner Agent For Service Of Process
  In the manner provided by Subchapter C, Chapter 804, the commissioner is a corporation's or partnership's agent for service of process in a legal proceeding...

SUBCHAPTER B ACTS CONSTITUTING ACTING AS AGENT; CONSEQUENCES OF AGENT'S ACTIONS

• Texas Section 4001.009 - References To Other Law
  (a) As referenced in Section 4001.003(9), a reference to an agent in the following laws includes a subagent without regard to whether a subagent is...
• Texas Section 4001.051 - Acts Constituting Acting As Agent
  (a) This section applies regardless of whether an insurer is incorporated under the laws of this state or another state or a foreign government. (b)...
• Texas Section 4001.052 - Solicitor Of Application For Insurance Considered Agent Of Insurer
  (a) A person who solicits an application for life, accident, or health insurance or property or casualty insurance is considered the agent of the insurer...
• Texas Section 4001.053 - Personal Liability For Acting As Agent
  A person who takes an action listed in Section 4001.051 for or on behalf of an insurer before the insurer complies with the requirements of...

SUBCHAPTER C LICENSE REQUIREMENTS

• Texas Section 4001.054 - Liability Of Agent And Insurer For Taxes
  (a) If a person takes an action in this state listed in Section 4001.051 for or on behalf of an insurer, the insurer is considered...
• Texas Section 4001.101 - License Or Certificate Of Authority Required; Designated Product Certificate
  (a) Unless the person holds a license or certificate of authority issued by the department and, if required by rules adopted under Chapter 4008, a...
• Texas Section 4001.102 - License Application
  (a) To become an agent for an insurer or health maintenance organization, a person must submit to the department a completed license application in the...
• Texas Section 4001.103 - Failure To Provide Complete Set Of Fingerprints: Ground For Denial Of Application
  (a) In this section, "authorization" means any authorization issued by the department to engage in an activity regulated under this title, including a license or...
• Texas Section 4001.104 - Issuance Of License: Intent To Actively Engage In Business Of Insurance For General Public
  (a) The department may not issue a license as an agent to write any line of insurance unless the department determines that: (1) the applicant...
• Texas Section 4001.105 - Issuance Of License To Individual
  The department shall issue a license to an individual to engage in business as an agent if the department determines that the individual: (1) is...
• Texas Section 4001.106 - Issuance Of License To Corporation Or Partnership
  (a) In this section, "customer" means a person or firm to which a corporation or partnership sells or attempts to sell an insurance policy or...
• Texas Section 4001.107 - Issuance Of License To Depository Institution
  The department shall issue a license to a depository institution in the manner provided by this subchapter for the licensing of a corporation. Added by...
• Texas Section 4001.108 - Issuance Of License To Entity Chartered By Federal Farm Credit Administration
  The department may license an entity chartered by the federal Farm Credit Administration under the farm credit system established under 12 U.S.C. Section 2001 et...

SUBCHAPTER D TEMPORARY LICENSE

• Texas Section 4001.109 - Licensing Of Subagent
  A subagent must be licensed to write each line of insurance that the subagent is employed to write, but is not required to hold each...
• Texas Section 4001.151 - Authority To Issue Temporary License
  The department may issue a temporary agent's license to an applicant for a license under Section 4001.102 who is being considered for appointment as an...
• Texas Section 4001.152 - Examination Not Required
  An applicant is not required to pass a written examination to obtain a temporary license. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7,...
• Texas Section 4001.153 - Application For And Issuance Of Temporary License
  The department shall issue a temporary license immediately on receipt of a properly completed application executed by the applicant in the form required by Section...
• Texas Section 4001.154 - Authority To Act As Agent Pending Receipt Of Temporary License
  If a temporary license is not received from the department before the eighth day after the date the application, nonrefundable fee, and certificate are delivered...
• Texas Section 4001.155 - Term Of Temporary License
  A temporary license is valid for 90 days after the date of issuance. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April...
• Texas Section 4001.156 - Restriction On Issuance Or Renewal Of Temporary License
  (a) A temporary license may not be issued to or renewed by the same person more than once in a consecutive six-month period. (b) A...
• Texas Section 4001.157 - Obtaining Certain Commissions Prohibited
  (a) A temporary license holder may not obtain a commission on a sale made to a person who has a family, employment, or business relationship...
• Texas Section 4001.158 - Replacement Of Existing Life Insurance Or Annuity Contract Prohibited
  (a) A temporary license holder who is acting under the authority of that license may not: (1) engage in an insurance solicitation, sale, or other...
• Texas Section 4001.159 - Suspension Or Revocation Of Temporary Appointment Powers Of Agent, Insurer, Or Health Maintenance Organization
  (a) The department may suspend or revoke the temporary appointment powers of an agent, insurer, or health maintenance organization if, after notice and opportunity for...
• Texas Section 4001.160 - Training Of Applicant For Temporary License
  (a) An agent, insurer, or health maintenance organization that is considering appointment of a temporary license applicant as its agent shall provide at least 40...
• Texas Section 4001.161 - Duty To Ensure That Applicants Take Licensing Examination
  An agent, insurer, or health maintenance organization shall ensure that, during any two consecutive calendar quarters, at least 70 percent of the agent's, insurer's, or...

SUBCHAPTER E APPOINTMENT OF AGENT

• Texas Section 4001.162 - Restriction On Appointment Of Temporary License Holders
  (a) Except as provided by Subsection (b), an agent, insurer, or health maintenance organization may not appoint more than 500 temporary license holders during a...
• Texas Section 4001.201 - Appointment Required
  A person who obtains a license under this title may not engage in business as an agent unless the person has been appointed to act...
• Texas Section 4001.202 - Appointment By Multiple Insurers
  (a) Except as specifically prohibited by this code, an agent may represent and act as an agent for more than one insurer. (b) Not later...
• Texas Section 4001.203 - Term Of Appointment
  (a) An appointment authorizing an agent to act for an insurer continues in effect without the necessity of renewal until the appointment is terminated or...
• Texas Section 4001.204 - Authority To Act As Agent Before Notice Of Appointment
  An agent appointed under this subchapter may act on behalf of the appointing insurer before the department receives the notice filed under Section 4001.202(b). Added...
• Texas Section 4001.205 - Appointment Of Subagent; Termination
  (a) A general life, accident, and health agent, life insurance agent, general property and casualty agent, or personal lines property and casualty agent appointed by...

SUBCHAPTER F REGULATION OF AGENTS

• Texas Section 4001.206 - Termination Of Appointment Of Agent For Cause; Liability
  (a) On termination of the appointment of an agent for cause, the insurer or agent shall immediately file with the department a statement of the...
• Texas Section 4001.251 - Incorporation Of Sole Proprietorship
  An individual engaged in business as a sole proprietorship under a license issued under this title may incorporate. The corporation does not have greater license...
• Texas Section 4001.252 - Notification To Department Of Certain Information
  (a) An individual licensed as an agent shall notify the department on a monthly basis of: (1) a change of the license holder's mailing address;...
• Texas Section 4001.253 - Restriction On Acquisition Of Ownership Interest In Entity Licensed As Agent
  (a) A person may not acquire in any manner an ownership interest in an entity licensed as an agent under this title if the person...
• Texas Section 4001.254 - Maintenance Of Qualifications
  The department shall, in the manner provided by Subchapter C, Chapter 4005, revoke, suspend, or refuse to renew the license of a license holder who...

SUBCHAPTER G OTHER PERSONS WHO MAY SHARE IN PROFITS OF AGENCY

• Texas Section 4001.255 - Maintenance Of Records
  An agent shall maintain all insurance records, including all records relating to customer complaints, separate from the records of any other business in which the...
• Texas Section 4001.301 - Profits After Death Of Agent Who Is Member Of Agency Partnership
  On the death of an agent who is a member of an agency partnership, the surviving spouse and children, if any, of the deceased partner,...
• Texas Section 4001.302 - Profits After Death Of Agent Who Is Sole Proprietor
  (a) On the death of an agent who is a sole proprietor, unless otherwise provided by the probated will of the deceased agent, the surviving...
• Texas Section 4001.303 - Profits After Death Of Shareholder Of Corporate Agency
  (a) On the death of a shareholder of a corporate licensed agency, the surviving spouse and children, if any, of the deceased shareholder, or a...
• Texas Section 4001.304 - Transfer Of Interest In Agency By Agent Who Is Sole Proprietor
  (a) An agent who is a sole proprietor may transfer an interest in the agency to the agent's children, or a trust for the agent's...

SUBCHAPTER H PROVISIONAL PERMIT

• Texas Section 4001.305 - Transfer Of Interest In Agency By Shareholder Of Corporate Agency
  (a) A shareholder of a corporate licensed agency may, if provided by a contract entered into by each shareholder and the corporation, transfer an interest...
• Texas Section 4001.351 - Applicability
  This subchapter applies only to an applicant for a license as an agent under: (1) Subchapters B and E, Chapter 4051; and (2) Subchapters B,...
• Texas Section 4001.352 - Authority To Issue Provisional Permit
  The department may, in conjunction with a license application under Section 4001.102, issue a provisional permit to an applicant who is being considered for appointment...
• Texas Section 4001.353 - Application For And Issuance Of Provisional Permit
  (a) The department may issue a provisional permit under this subchapter on receipt of: (1) a written application for a provisional permit; (2) a properly...
• Texas Section 4001.354 - Authority To Act As Agent Under Provisional Permit
  (a) An applicant may proceed to act as an agent if: (1) a provisional permit is not received from the department before the eighth day...
• Texas Section 4001.355 - Term Of Provisional Permit
  (a) Except as provided by Subsection (b), a provisional permit expires on the earlier of: (1) the 90th day after the date the permit is...
• Texas Section 4001.356 - Notification Regarding License
  (a) The department may notify the applicant or appointing agent, insurer, or health maintenance organization that the license application is incomplete or is or may...
• Texas Section 4001.357 - Denial Or Revocation Of License
  If the applicant's license application is denied or the applicant's license is revoked, an applicant is subject to Section 4005.105 with respect to an application...
• Texas Section 4001.358 - Compliance With Other Law
  (a) A provisional permit holder who is acting under the authority of that permit is subject to all provisions of this code regulating the solicitation...
• Texas Section 4001.359 - Supervisory Responsibility
  An appointing agent, insurer, or health maintenance organization that allows a permit holder to act as an agent under a provisional permit has supervisory responsibility...

Last modified: September 28, 2016