Texas Insurance Code Title 5, Chapter 751 - Market Conduct Surveillance

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 751.001 - Short Title
  This chapter may be cited as the Insurance Market Conduct Surveillance Act. Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff....
• Texas Section 751.002 - Purpose And Scope
  (a) The purpose of this chapter is to establish a framework for department market conduct actions, including: (1) processes and systems for identifying, assessing, and...
• Texas Section 751.003 - Definitions
  (a) In this chapter: (1) "Complaint" means a written or documented oral communication, the primary intent of which is to express a grievance or an...

SUBCHAPTER B GENERAL POWERS AND DUTIES OF COMMISSIONER

• Texas Section 751.004 - Immunity
  (a) A cause of action does not arise, and liability may not be imposed, for any statements made or conduct performed in good faith while...
• Texas Section 751.051 - Participation In National Market Conduct Databases
  (a) The commissioner shall collect and report market data to the National Association of Insurance Commissioners' market information systems, including the complaint database system, the...
• Texas Section 751.052 - Coordination With Other States; Registration Of Contract Examiner
  (a) The commissioner shall coordinate the department's market analysis and examination efforts with other states through the National Association of Insurance Commissioners. (b) A person...
• Texas Section 751.053 - Information From Commissioner
  (a) At least once annually or more frequently if determined necessary by the commissioner, the commissioner shall provide in an appropriate manner to insurers and...
• Texas Section 751.054 - Report Of Violations
  (a) The commissioner shall designate an individual within the department whose responsibilities shall include the receipt of information from employees of insurers and other entities...

SUBCHAPTER C RELATIONS WITH OTHER STATES

• Texas Section 751.055 - Exercise Of Subpoena Authority
  The commissioner has the subpoena power authorized by Subchapter C, Chapter 36, for the production of documents under this chapter and enforcement of this subtitle....

SUBCHAPTER D MARKET ANALYSIS PROCEDURES

• Texas Section 751.101 - Commissioner Authority; Interactions With Other Insurance Commissioners Of Other States
  (a) The commissioner has responsibility for conducting market conduct examinations on domestic insurers. The commissioner may delegate that responsibility to the insurance commissioner of another...
• Texas Section 751.151 - Collection Of Information; Commissioner Analysis
  (a) Subject to Subsection (d), the commissioner shall gather insurance market information from: (1) data available to the department, including survey results and information required...
• Texas Section 751.152 - Additional Analysis Of Market Actions
  (a) If, as a result of the market analysis, the commissioner determines that further inquiry into a particular insurer or insurance practice is needed, the...

SUBCHAPTER E EXAMINATIONS

• Texas Section 751.153 - Protocols For Market Conduct Actions
  (a) Each market conduct action taken as a result of a market analysis: (1) must focus on the general business practices and compliance activities of...
• Texas Section 751.201 - Examination
  (a) If the commissioner determines that a market conduct action described by Section 751.152(b) is not appropriate, the commissioner may conduct a targeted examination in...
• Texas Section 751.202 - Work Plan
  Before beginning an examination, market conduct surveillance personnel shall prepare a work plan that includes: (1) the name and address of the insurer to be...
• Texas Section 751.203 - Notice Of Examination
  (a) Unless the examination is conducted in response to extraordinary circumstances as described by Section 751.153(b), the department shall notify an affected insurer of an...
• Texas Section 751.204 - Pre-examination Conference
  Not later than the 30th day before the scheduled date of the examination, the commissioner shall conduct a pre-examination conference with the insurer's examination coordinator...
• Texas Section 751.205 - Exit Conference
  Before the conclusion of an examination, the member of the market conduct surveillance personnel who is designated as the examiner-in-charge shall schedule an exit conference...
• Texas Section 751.206 - Examination Report
  (a) Unless the commissioner and the insurer agree to a different schedule, the commissioner shall follow the time line established under this section. (b) The...
• Texas Section 751.207 - Confidentiality Of Examination Report Information
  (a) A final or preliminary market conduct examination report, and any information obtained during the course of an examination, is confidential and is not subject...
• Texas Section 751.208 - Assessment Of Costs Of Examination
  (a) Subject to Subsection (d), if the reasonable and necessary cost of a market conduct examination is to be assessed against the affected insurer, fees...

SUBCHAPTER F CONFIDENTIALITY REQUIREMENTS

• Texas Section 751.209 - Limit On Certain Examinations
  The commissioner may not conduct a market conduct examination more frequently than once every three years. The commissioner may defer conducting a market conduct examination...
• Texas Section 751.251 - No Waiver
  (a) The disclosure to the commissioner under this subchapter of a document, material, or information does not constitute the waiver of any applicable privilege or...

SUBCHAPTER G MARKET CONDUCT SURVEILLANCE PERSONNEL

• Texas Section 751.252 - Authority Of Commissioner
  (a) The commissioner may share documents, materials, or other information obtained by or disclosed to the commissioner under this chapter with other state, federal, and...
• Texas Section 751.301 - Personnel; Qualifications
  (a) To conduct market conduct surveillance under this chapter, the commissioner may designate department staff to perform duties under this chapter, and may supplement that...
• Texas Section 751.302 - Conflict Of Interest
  (a) An individual who is a member of the market conduct surveillance personnel has a conflict of interest, either directly or indirectly, if the individual...
• Texas Section 751.303 - Access To Information
  (a) Except as otherwise provided by law, market conduct surveillance personnel shall, as practicable, have free and full access to all books and records, and...

SUBCHAPTER H SANCTIONS

• Texas Section 751.304 - Authority Of Market Conduct Surveillance Personnel
  Market conduct surveillance personnel may examine insurance company personnel under oath if that action is ordered by the commissioner under Subchapter C, Chapter 36. Added...
• Texas Section 751.351 - Sanctions
  (a) The commissioner may impose sanctions under Chapter 82 against an insurer determined, as a result of a market conduct action or other action under...

Last modified: September 28, 2016