Surplus lines business must be properly eligible as required in Article 1.14-2 of the Texas Insurance Code. But, the U.S. Congress is currently considering legislation in a conference committee that would permit the use of digital signatures in electronic commerce in the United States. See S. 761 and H.R. 1714. Insurers, agents, and other regulated entities engaging in electronic commerce in Texas should review their marketing procedures and electronic forms to ensure compliance with all applicable Texas insurance laws and regulations. Nothing in this bulletin limits the ability of the Commissioner of Insurance to take any action pursuant to the Texas Insurance Code or the rules and regulations promulgated pursuant to the Texas Insurance Code, or to take any other enforcement action authorized by law.
Electronic commerce is a rapidly evolving medium, as are the laws governing it.
The Texas Department of Insurance anticipates insurance transactions via electronic commerce will change as the laws and technologies evolve. Further guidance will be provided as such changes occur.