Texas Insurance Code Title 2, Chapter 36 - Department Rules And Procedures

SUBCHAPTER A RULES

• Texas 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 Section 36.002 - Additional Rulemaking Authority
  The commissioner may adopt reasonable rules that are: (1) necessary to effect the purposes of a provision of: (A) Subchapter B, Chapter 5; (B) Subchapter...
• Texas 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 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...

SUBCHAPTER B DEPARTMENT PROCEDURES

• Texas 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 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 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 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 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 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 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 Section 822.059, 822.157,...
• Texas 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 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 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...

SUBCHAPTER C GENERAL SUBPOENA POWERS; WITNESSES AND PRODUCTION OF RECORDS

• Texas Section 36.110 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
  (a) The commissioner shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
• Texas 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, Sec. 1, eff. Sept....
• Texas 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 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 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 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 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 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 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 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 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 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...

SUBCHAPTER D JUDICIAL REVIEW

• Texas 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 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 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 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 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 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,...

SUBCHAPTER E INVESTIGATION FILES

• Texas 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 Section 36.251 - Definition
  In this subchapter, "investigation file" means any information collected, assembled, or maintained by or on behalf of the department with respect to an investigation conducted...
• Texas Section 36.252 - Investigation Files Confidential
  (a) Information or material acquired by the department that is relevant to an investigation is not a public record for the period that the department...
• Texas Section 36.253 - Disclosure Of Certain Information Not Required
  The department is not required to disclose under this subchapter: (1) information that is: (A) an attorney-client communication; or (B) an attorney work product; or...

Last modified: September 28, 2016