Texas Insurance Code Title 2, Chapter 101 - Unauthorized Insurance
SUBCHAPTER A GENERAL PROVISIONS
- Texas 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 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 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....
SUBCHAPTER B BUSINESS OF INSURANCE; EXCEPTIONS
- Texas 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 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 Section 101.052 - Advertising Relating To Medicare Supplement Benefit Plans
With respect to a Medicare supplement benefit plan authorized under Chapter 1652, the business of insurance in this state includes using, creating, publishing, mailing, or...
- Texas 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 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...
SUBCHAPTER C PROHIBITION; ENFORCEMENT
- Texas 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 Section 101.101 - Definition
In this subchapter, "person" means an individual or entity that is a person for purposes of Section 541.002. Added by Acts 1999, 76th Leg., ch....
- Texas 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 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 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 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...
SUBCHAPTER D CEASE AND DESIST ORDERS
- Texas 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 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 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 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 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 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.,...
SUBCHAPTER E INSURANCE CONTRACTS WITH UNAUTHORIZED INSURERS
- Texas Section 101.156 - Rules
The commissioner may adopt reasonable rules necessary to implement this subchapter. Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
- Texas 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 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...
SUBCHAPTER G REPORTING OF UNAUTHORIZED INSURANCE
- Texas 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,...
SUBCHAPTER H CERTAIN PROCEEDINGS; BOND REQUIREMENTS
- Texas 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 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 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 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 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 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 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...
Last modified: September 28, 2016