Texas Insurance Code Title 2, Chapter 83 - Emergency Cease And Desist Orders

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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...

SUBCHAPTER B ISSUANCE OF ORDERS

• Texas 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 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 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 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 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)...

SUBCHAPTER C ENFORCEMENT

• Texas 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 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 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 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 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...

SUBCHAPTER D JUDICIAL REVIEW; JUDICIAL ACTION

• Texas 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 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 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 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...

Last modified: September 28, 2016