reglab/housing_qa huggingface dataset:
TX Ins Code § 2751.102 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle F - Title Insurance for Certain Personal Property Interests|Chapter 2751 - Title Insurance for Personal Property Interests|Subchapter C. Powers and Duties of Insurers and Agents|Section 2751.102. Use of Forms

Sec. 2751.102.  USE OF FORMS.  (a)  A title insurance company or title insurance agent shall use the forms prescribed by the commissioner in issuing a personal property title insurance policy.(b)  Unless authorized by rule adopted by the commissioner, an insurer may not enter into a contract or other agreement concerning a personal property title insurance policy if the contract or other agreement is not expressed in the policy.  A contract or agreement prohibited by this subsection is void.|Added by Acts 2007, 80th Leg., R.S., Ch. 543 (S.B. 1153), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 2751.103 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle F - Title Insurance for Certain Personal Property Interests|Chapter 2751 - Title Insurance for Personal Property Interests|Subchapter C. Powers and Duties of Insurers and Agents|Section 2751.103. Agents

Sec. 2751.103.  AGENTS.  A title insurance agent or direct operation may accept orders for insurance products authorized under this chapter.  The agent or direct operation shall act according to the authority granted to the agent or direct operation by the title insurance company issuing the product.|Added by Acts 2007, 80th Leg., R.S., Ch. 543 (S.B. 1153), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 2751.104 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle F - Title Insurance for Certain Personal Property Interests|Chapter 2751 - Title Insurance for Personal Property Interests|Subchapter C. Powers and Duties of Insurers and Agents|Section 2751.104. Agent Compensation

Sec. 2751.104.  AGENT COMPENSATION.  (a)  The title insurance company that issues a personal property title insurance policy shall pay the title insurance agent that places the order for the policy a total commission equal to 30 percent of the premium charged for the personal property title insurance or personal property title insurance product authorized under this chapter.(b)  Notwithstanding Subsection (a), a title insurance company may not pay a commission to a title insurance agent for an application for coverage that is placed with the title insurance company directly.(c)  A commission paid under Subsection (a) does not constitute a violation of Section 2502.051.|Added by Acts 2007, 80th Leg., R.S., Ch. 543 (S.B. 1153), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 4001.001 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter A. General Provisions|Section 4001.001. Purpose

Sec. 4001.001.  PURPOSE.  It is the intent of the legislature to:(1)  simplify and reform the regulation of agents and other persons regulated under this title in this state by consolidating the kinds of licenses issued to those persons under this title;  and(2)  promote uniformity in the licensing, examination, continuing education, and disciplinary requirements for those persons in this state and with other states.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.002 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter A. General Provisions|Section 4001.002. Applicability

Sec. 4001.002.  APPLICABILITY.(a)  Except as otherwise provided by this code, this title applies to each person licensed under:(1)  Subchapter H, Chapter 885;(2)  Subchapter F, Chapter 911;(3)  Section 912.251;(4)  Subchapter E, Chapter 981;(5)  Subchapter D, Chapter 1152;(6)  Subchapter C or D of this chapter;(7)  Subtitle B, C, or D of this title; or(8)  Subsection (c), Article 5.13-1.(a-1)  Except as otherwise provided by this code, this title applies to each individual who holds a specialty certification under Subchapter H, Chapter 4054.(b)  This title does not apply to:(1)  a resident of this state who arbitrates in the adjustment of losses between an insurer and an insured, a marine adjuster who adjusts particular or general average losses of vessels or cargoes if the adjuster paid an occupation tax of $200 for the year in which the adjustment is made, or a practicing attorney at law in this state, acting in the regular transaction of the person's business as an attorney at law, who is not a local agent and is not acting as an adjuster for an insurer;(2)   an attorney in fact or the traveling salaried representative of a reciprocal or interinsurance exchange admitted to engage in the business of insurance in this state as to business transacted through the attorney in fact or salaried representative;(3)  the attorney in fact for a Lloyd's plan;(4)  the group motor vehicle insurance business or the group motor vehicle department of a company engaged in that business; or(5)  a salaried employee who is not involved in soliciting or negotiating insurance in the office of an agent and who devotes the employee's full time to clerical and administrative services, including the incidental taking of information from customers and receipt of premiums in the office of an agent, if:(A)  the employee does not receive any commissions; and(B)  the employee's compensation is not varied by the volume of premiums taken and received.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2J.001, eff. April 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1338 (S.B. 79), Sec. 2, eff. September 1, 2009.Acts 2019, 86th Leg., R.S., Ch. 643 (S.B. 1623), Sec. 16, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 7, eff. September 1, 2021.|
TX Ins Code § 4001.004 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter A. General Provisions|Section 4001.004. Limited Liability Companies

Sec. 4001.004.  LIMITED LIABILITY COMPANIES.  The licensing and regulation of a limited liability company are subject to each provision of this title that applies to a corporation licensed under this title.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.005 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter A. General Provisions|Section 4001.005. Rules

Sec. 4001.005.  RULES.  The commissioner may adopt rules necessary to implement this title and to meet the minimum requirements of federal law, including regulations.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.006 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter A. General Provisions|Section 4001.006. Fees

Sec. 4001.006.  FEES.  (a)  The department shall collect from each agent of an insurer writing insurance in this state under this code:(1)  a nonrefundable license application fee; and(2)  a nonrefundable appointment fee for each appointment of the agent by an insurer.(b)  The department shall deposit the fees described by Subsection (a), together with other license application fees, examination fees, and license renewal application fees, to the credit of the Texas Department of Insurance operating account.(c)  The department shall set the fees in amounts reasonable and necessary to implement this title and may use any portion of those fees to enforce this title.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 1, eff. September 1, 2015.|
TX Ins Code § 4001.007 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter A. General Provisions|Section 4001.007. Investigation of Alleged Violations

Sec. 4001.007.  INVESTIGATION OF ALLEGED VIOLATIONS.  (a)  The department may:(1)  employ persons as the department considers necessary to investigate and make reports regarding alleged violations of this code and misconduct on the part of agents;  and(2)  pay the salaries and expenses of those persons and office employees and other expenses necessary to enforce this title from the fees described by Section 4001.006.(b)  A person employed by the department under this section may:(1)  administer the oath to, and examine under oath, any person considered necessary in gathering information and evidence;  and(2)  have that information and evidence reduced to writing if considered necessary.(c)  All expenses related to the activities described by Subsection (b) shall be paid from the fees described by Section 4001.006.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.008 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter A. General Provisions|Section 4001.008. Commissioner Agent for Service of Process

Sec. 4001.008.  COMMISSIONER AGENT FOR SERVICE OF PROCESS.  In the manner provided by Subchapter C, Chapter 804, the commissioner is a corporation's or partnership's agent for service of process in a legal proceeding against the corporation or partnership if:(1)  the corporation or partnership is licensed to engage in business in this state and does not appoint or maintain an agent for service in this state;(2)  an agent for service cannot be found with reasonable diligence;  or(3)  the license of the corporation or partnership is revoked.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.051 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter B. Acts Constituting Acting as Agent; Consequences of Agent's Actions|Section 4001.051. Acts Constituting Acting as Agent

Sec. 4001.051.  ACTS CONSTITUTING ACTING AS AGENT.  (a)  This section applies regardless of whether an insurer is incorporated under the laws of this state or another state or a foreign government.(b)  Regardless of whether the act is done at the request of or by the employment of an insurer, broker, or other person, a person is the agent of the insurer for which the act is done or risk is taken for purposes of the liabilities, duties, requirements, and penalties provided by this title or Chapter 21 if the person:(1)  solicits insurance on behalf of the insurer;(2)  receives or transmits other than on the person's own behalf an application for insurance or an insurance policy to or from the insurer;(3)  advertises or otherwise gives notice that the person will receive or transmit an application for insurance or an insurance policy;(4)  receives or transmits an insurance policy of the insurer;(5)  examines or inspects a risk;(6)  receives, collects, or transmits an insurance premium;(7)  makes or forwards a diagram of a building;(8)  takes any other action in the making or consummation of an insurance contract for or with the insurer other than on the person's own behalf; or(9)  examines into, adjusts, or aids in adjusting a loss for or on behalf of the insurer.(c)  This section does not authorize an agent to orally, in writing, or otherwise alter or waive a term or condition of an insurance policy or an application for an insurance policy.(d)  The referral by an unlicensed person of a customer or potential customer to an agent is not an act of an agent under this section unless the unlicensed person discusses specific insurance policy terms or conditions with the customer or potential customer.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.Amended by: Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 9, eff. September 1, 2021.|
TX Ins Code § 4001.052 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter B. Acts Constituting Acting as Agent; Consequences of Agent's Actions|Section 4001.052. Solicitor of Application for Insurance Considered Agent of Insurer

Sec. 4001.052.  SOLICITOR OF APPLICATION FOR INSURANCE CONSIDERED AGENT OF INSURER.  (a)  A person who solicits an application for life, accident, or health insurance or property or casualty insurance is considered the agent of the insurer issuing a policy on the application and not the agent of the insured in any controversy between the insurer and the insured, the insured's beneficiary, or the insured's dependents.(b)  The agent may not alter or waive a term or condition of the application or policy.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.053 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter B. Acts Constituting Acting as Agent; Consequences of Agent's Actions|Section 4001.053. Personal Liability for Acting as Agent

Sec. 4001.053.  PERSONAL LIABILITY FOR ACTING AS AGENT.  A person who takes an action listed in Section 4001.051 for or on behalf of an insurer before the insurer complies with the requirements of the laws of this state is personally liable to the holder of any insurance policy with respect to which the action was taken for any loss covered by the insurance policy.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.054 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter B. Acts Constituting Acting as Agent; Consequences of Agent's Actions|Section 4001.054. Liability of Agent and Insurer for Taxes

Sec. 4001.054.  LIABILITY OF AGENT AND INSURER FOR TAXES.  (a)  If a person takes an action in this state listed in Section 4001.051 for or on behalf of an insurer, the insurer is considered to be engaged in the business of insurance in this state and is subject to the same state, county, and municipal taxes as an insurer that has been legally qualified and admitted to engage in the business of insurance in this state.(b)  Taxes shall be assessed against and collected from an insurer under this section in the same manner as taxes are assessed against and collected from insurers that are legally qualified and admitted to engage in the business of insurance in this state.(c)  A person who takes an action by means of which an insurer is considered to be engaged in the business of insurance in this state under this section is personally liable for any taxes assessed against the insurer under this section.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.101 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter C. License Requirements|Section 4001.101. License or Certificate of Authority Required; Designated Product Certificate

Sec. 4001.101.  LICENSE OR CERTIFICATE OF AUTHORITY REQUIRED; DESIGNATED PRODUCT CERTIFICATE.  (a)  Unless the person holds a license or certificate of authority issued by the department and, if required by rules adopted under Chapter 4008, a certificate to sell a designated product or product line, a person may not:(1)  solicit or receive an application for insurance in this state; or(2)  aid in the transaction of the business of an insurer.(b)  A person may not act as an agent of a health maintenance organization or other type of insurer authorized to engage in business in this state unless the person holds:(1)  a license issued by the department as provided by this title; and(2)  if required by rules adopted under Chapter 4008, a certificate to sell a designated product or product line.(c)  An insurer described by Subsection (b) may not appoint a person to act as its agent unless the person holds:(1)  a license under this title; and(2)  if required by rules adopted under Chapter 4008, a certificate to sell a designated product or product line.(d)  This subchapter does not permit an employee or agent of a corporation or partnership to perform an act of an agent under this title without obtaining:(1)  a license; and(2)  if required by rules adopted under Chapter 4008, a certificate to sell a designated product or product line.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 451 (H.B. 2456), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 4001.102 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter C. License Requirements|Section 4001.102. License Application

Sec. 4001.102.  LICENSE APPLICATION.  (a)  To become an agent for an insurer or health maintenance organization, a person must submit to the department a completed license application in the form required by the department.(b)  The commissioner by rule shall prescribe the requirements for a properly completed application.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.103 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter C. License Requirements|Section 4001.103. Failure to Provide Complete Set of Fingerprints: Ground for Denial of Application

Sec. 4001.103.  FAILURE TO PROVIDE COMPLETE SET OF FINGERPRINTS:  GROUND FOR DENIAL OF APPLICATION.  (a)  In this section, "authorization" means any authorization issued by the department to engage in an activity regulated under this title, including a license or permit.(b)  The department may deny an application for an authorization if the applicant fails to provide a complete set of fingerprints on request by the department.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.104 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter C. License Requirements|Section 4001.104. Issuance of License: Intent to Actively Engage in Business of Insurance for General Public

Sec. 4001.104.  ISSUANCE OF LICENSE:  INTENT TO ACTIVELY ENGAGE IN BUSINESS OF INSURANCE FOR GENERAL PUBLIC.  (a)  The department may not issue a license as an agent to write any line of insurance unless the department determines that:(1)  the applicant is or intends to be actively engaged in the soliciting or writing of insurance for the general public and is to be actively engaged in the business of insurance;  and(2)  the application is not made to evade the laws against rebating and discrimination, either for the applicant or for another person.(b)  This subchapter does not prohibit an applicant from insuring property that the applicant owns or in which the applicant has an interest.  It is the intent of this subchapter to prohibit coercion of insurance and to preserve to each individual the right to choose that individual's own agent or insurer and to prohibit the licensing of an applicant to engage in the business of insurance principally to handle business that the applicant controls only through ownership, mortgage, sale, family relationship, or employment.  An applicant for an original license must have a bona fide intention to engage in business in which, in any calendar year, at least 25 percent of the total volume of premiums is derived from persons other than the applicant and from property other than that on which the applicant controls the placing of insurance through ownership, mortgage, sale, family relationship, or employment.(c)  The department may not deny a license application solely on the ground that the applicant will act only part-time as an agent.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.105 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter C. License Requirements|Section 4001.105. Issuance of License to Individual

Sec. 4001.105.  ISSUANCE OF LICENSE TO INDIVIDUAL.  The department shall issue a license to an individual to engage in business as an agent if the department determines that the individual:(1)  is at least 18 years of age;(2)  has passed the licensing examination required under this code within the past 12 months;(3)  has not committed an act for which a license may be denied under Subchapter C, Chapter 4005;  and(4)  has submitted the application, appropriate fees, and any other information required by the department.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.107 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter C. License Requirements|Section 4001.107. Issuance of License to Depository Institution

Sec. 4001.107.  ISSUANCE OF LICENSE TO DEPOSITORY INSTITUTION.  The department shall issue a license to a depository institution in the manner provided by this subchapter for the licensing of a corporation.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|Sec. 4001.108.  ISSUANCE OF LICENSE TO ENTITY CHARTERED BY FEDERAL FARM CREDIT ADMINISTRATION.  The department may license an entity chartered by the federal Farm Credit Administration under the farm credit system established under 12 U.S.C. Section 2001 et seq., as amended, to solicit insurance in this state as provided by 12 U.S.C. Section 2218, as amended.  The department shall issue the license in the manner provided by this subchapter for the licensing of a corporation.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.151 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter D. Temporary License|Section 4001.151. Authority to Issue Temporary License

Sec. 4001.151.  AUTHORITY TO ISSUE TEMPORARY LICENSE.  The department may issue a temporary agent's license to an applicant for a license under Section 4001.102 who is being considered for appointment as an agent by another agent, an insurer, or a health maintenance organization.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4001.152 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle A - General Provisions|Chapter 4001 - Agent Licensing in General|Subchapter D. Temporary License|Section 4001.152. Examination Not Required

Sec. 4001.152.  EXAMINATION NOT REQUIRED.  An applicant is not required to pass a written examination to obtain a temporary license.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|