reglab/housing_qa huggingface dataset:
TX Ins Code § 101.201 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter E. Insurance Contracts With Unauthorized Insurers|Section 101.201. Validity of Insurance Contracts

Sec. 101.201.  VALIDITY OF INSURANCE CONTRACTS.  (a)  An insurance contract, agreement, or arrangement prohibited by Section 101.102, purported to be effective in this state and entered into by an unauthorized insurer or person, is unenforceable by the unauthorized insurer or person.  A person who in any manner assisted directly or indirectly in the procurement, processing, administration, claims handling, adjusting, or claims payment of the contract, agreement, or arrangement is liable to the insured for the full amount of a claim or loss under the terms of the contract, agreement, or arrangement if the unauthorized insurer or person fails to pay the claim or loss.(b)  This section does not apply to insurance procured by a licensed surplus lines agent from an eligible surplus lines insurer, as defined by Chapter 981, and independently procured contracts of insurance, as described in Section 101.053(b)(4), that are reported and on which premium tax is paid in accordance with Chapter 225 or 226 or to another arrangement expressly authorized by law.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 11.012, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1274, Sec. 16, eff. April 1, 2005.Amended by: Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 16, eff. September 1, 2021.|
TX Ins Code § 101.202 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter E. Insurance Contracts With Unauthorized Insurers|Section 101.202. Attorney's Fees

Sec. 101.202.  ATTORNEY'S FEES.  (a)  In an action against an unauthorized insurer or unauthorized person on a contract, agreement, or arrangement of insurance issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, the court may award to the plaintiff a reasonable attorney's fee if:(1)  the insurer or person failed, for at least 30 days after a demand made before the commencement of the action, to make payment under the terms of the contract, agreement, or arrangement; and(2)  the failure to make the payment was vexatious and without reasonable cause.(b)  An unauthorized insurer's or person's failure to defend an action described by Subsection (a) is prima facie evidence that the failure to make payment was vexatious and without reasonable cause.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1419, Sec. 28, eff. June 1, 2003;  Acts 2001, 77th Leg., ch. 1420, Sec. 11.013, eff. Sept. 1, 2001.Amended by: Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 17, eff. September 1, 2021.|
TX Ins Code § 101.203 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter E. Insurance Contracts With Unauthorized Insurers|Section 101.203. Investigation and Disclosure

Sec. 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 person or insurer, the commissioner shall in writing order the person to:(1)  produce for examination all insurance contracts and other documents evidencing insurance with both authorized and unauthorized persons or insurers; and(2)  disclose to the commissioner:(A)  the amount of insurance;(B)  the name and address of each insurer;(C)  the gross amount of premiums paid or to be paid; and(D)  the name and address of each person assisting in the solicitation, negotiation, or effectuation of the insurance.(b)  A person who fails to comply with a written order under Subsection (a) before the 31st day after the date of the order or who wilfully makes a disclosure that is untrue, deceptive, or misleading shall forfeit:(1)  $1,000; and(2)  an additional $1,000 for each day the person continues to fail to comply after expiration of the 30-day period.(c)  This section does not apply to:(1)  a transaction in this state that:(A)  involves a policy that:(i)  is lawfully solicited, negotiated, written, and delivered outside this state; and(ii)  covers, at the time the policy is issued, only subjects of insurance that are not resident, located, or expressly to be performed in this state; and(B)  takes place after the policy is issued; or(2)  surplus lines insurance procured through eligible surplus lines insurers as defined by Section 981.002.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.018, eff. April 1, 2009.Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 18, eff. September 1, 2021.|
TX Ins Code § 101.301 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter G. Reporting of Unauthorized Insurance|Section 101.301. Reporting Required

Sec. 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 insurance policy or contract that has been entered into by an insurer that is not authorized to transact the insurance in this state.(b)  This section does not apply to:(1)  a transaction described by Section 101.053(b)(4); or(2)  surplus lines insurance procured through eligible surplus lines insurers as defined by Section 981.002.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.019, eff. April 1, 2009.|
TX Ins Code § 101.351 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter H. Certain Proceedings; Bond Requirements|Section 101.351. Definitions

Sec. 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 apply in this chapter.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.|
TX Ins Code § 101.352 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter H. Certain Proceedings; Bond Requirements|Section 101.352. Applicability

Sec. 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 Section 804.107.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.|
TX Ins Code § 101.353 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter H. Certain Proceedings; Bond Requirements|Section 101.353. Bond Requirement for Court Proceeding

Sec. 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 applies, the person or insurer must deposit cash or securities or file a bond with good and sufficient sureties approved by the court in an amount determined by the court as sufficient to pay any final judgment that may be rendered in the proceeding.(b)  An unauthorized person or insurer must file the deposit required by this section with the clerk of the court in which the proceeding is pending.(c)  The court may issue an order waiving the deposit or bond required by this section if the unauthorized person or insurer demonstrates to the court's satisfaction that the person or insurer maintains sufficient available funds or securities in a state in the United States, in trust or otherwise, to satisfy any final judgment that may be rendered in the proceeding.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.|
TX Ins Code § 101.354 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter H. Certain Proceedings; Bond Requirements|Section 101.354. Bond Requirement for Administrative Proceeding

Sec. 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 which this subchapter applies, the person or insurer must, if required by statute, deposit cash or securities or file a bond with good and sufficient sureties approved by the commissioner in an amount determined by the commissioner as sufficient to pay any final order that may be entered in the proceeding.(b)  An unauthorized person or insurer must file the deposit required by this section with the chief clerk of the department.(c)  The commissioner may issue an order waiving the deposit or bond required by this section if the unauthorized person or insurer demonstrates to the commissioner's satisfaction that the person or insurer maintains sufficient available funds or securities in a state in the United States, in trust or otherwise, to satisfy any final order that may be entered in the proceeding.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.|
TX Ins Code § 101.355 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter H. Certain Proceedings; Bond Requirements|Section 101.355. Postponement

Sec. 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 101.353 or 101.354, as appropriate;  and(2)  defend that court or administrative proceeding.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.|
TX Ins Code § 101.356 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 101 - Unauthorized Insurance|Subchapter H. Certain Proceedings; Bond Requirements|Section 101.356. Motion to Quash

Sec. 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 made under Section 804.107 on the ground that the person or insurer has not engaged in the business of insurance as described by Section 101.051.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.|
TX Ins Code § 102.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter A. General Provisions|Section 102.001. Definitions

Sec. 102.001.  DEFINITIONS.  In this chapter:(1)  "Charitable gift annuity" means an annuity:(A)  that is payable over the lives of one or two individuals;(B)  that is made in return for the transfer of cash or other property to a charitable organization;  and(C)  the actuarial value of which is less than the value of the cash or other property transferred, with the difference in those values being a charitable deduction for federal tax purposes.(2)  "Charitable organization" means an entity described by:(A)  Section 501(c)(3), Internal Revenue Code of 1986;  or(B)  Section 170(c), Internal Revenue Code of 1986.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 102.002 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter A. General Provisions|Section 102.002. Qualified Charitable Gift Annuity

Sec. 102.002.  QUALIFIED CHARITABLE GIFT ANNUITY.  A charitable gift annuity is a qualified charitable gift annuity for purposes of this chapter if it was issued before September 1, 1995, or if it is:(1)  described by Section 501(m)(5), Internal Revenue Code of 1986;  and(2)  issued by a charitable organization that on the date of the annuity agreement:(A)  has, exclusive of the assets funding the annuity agreement, a minimum of $100,000 in unrestricted cash, cash equivalents, or publicly traded securities;  and(B)  has been in continuous operation for at least three years or is a successor or affiliate of a charitable organization that has been in continuous operation for at least three years.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 102.051 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter B. Issuance of Charitable Gift Annuity|Section 102.051. Not Insurance; Effect of Certain Laws

Sec. 102.051.  NOT INSURANCE;  EFFECT OF CERTAIN LAWS.  The issuance of a qualified charitable gift annuity:(1)  does not constitute engaging in the business of insurance in this state;(2)  does not violate Section 15.05 or 17.46, Business & Commerce Code;  and(3)  is not an unconscionable action or course of action for purposes of Section 17.50(a)(3), Business & Commerce Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 102.101 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter C. Notice|Section 102.101. Notice to Donor

Sec. 102.101.  NOTICE TO DONOR.  (a)  A charitable organization that issues a qualified charitable gift annuity shall give to the donor, at the time an agreement for a qualified charitable gift annuity is entered into, written notice that the annuity is not:(1)  insurance under the laws of this state;(2)  subject to regulation by the department;  and(3)  protected by a guaranty association affiliated with the department.(b)  The notice must be in a separate paragraph of the annuity agreement in a print size at least as large as the print size generally used in the agreement.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 102.102 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter C. Notice|Section 102.102. Notice to Department

Sec. 102.102.  NOTICE TO DEPARTMENT.  (a)  A charitable organization that issues qualified charitable gift annuities shall notify the department's annuities division in writing not later than the date on which the organization enters into the organization's first qualified charitable gift annuity agreement.(b)  The notice required by this section must:(1)  be signed by an officer or director of the organization;(2)  identify the organization;  and(3)  certify that:(A)  the organization is a charitable organization;  and(B)  the annuities issued by the organization are qualified charitable gift annuities.(c)  The charitable organization may not be required to submit additional information except to determine appropriate penalties under Section 102.104.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 102.103 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter C. Notice|Section 102.103. Effect on Annuity of Failure to Provide Notice

Sec. 102.103.  EFFECT ON ANNUITY OF FAILURE TO PROVIDE NOTICE.  A charitable gift annuity that otherwise meets the requirements of Section 102.002 is a qualified charitable gift annuity without regard to whether the charitable organization that issues the annuity complies with the notice requirements of this subchapter.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 102.104 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter C. Notice|Section 102.104. Enforcement of Notice Requirements

Sec. 102.104.  ENFORCEMENT OF NOTICE REQUIREMENTS.  (a)  The commissioner may enforce the notice requirements of this subchapter by sending by certified mail, return receipt requested, a letter demanding that the charitable organization comply with the notice requirements.(b)  The department may fine the charitable organization in an amount not to exceed $1,000 for each qualified charitable gift annuity agreement issued by the organization until the time the organization complies with this subchapter.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 102.151 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter D. Effect of Charitable Gift Annuity in Litigation and Certain Other Proceedings|Section 102.151. Immunity

Sec. 102.151.  IMMUNITY.  Any person or entity involved in the issuance of a qualified charitable gift annuity shall have immunity from suit, including both a defense to liability and the right not to bear the cost, burden, and risk of discovery and trial, as to any claim brought by or on behalf of the donor or the donor's heirs or distributees alleging that the issuance of a charitable gift annuity constitutes engaging in the business of insurance in this state.  An interlocutory appeal may be taken if a court denies or otherwise fails to grant a motion for summary judgment that is based on an assertion of the immunity provided in this section.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 11.015(a), eff. Sept. 1, 2001.|
TX Ins Code § 102.152 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 102 - Charitable Gift Annuities|Subchapter D. Effect of Charitable Gift Annuity in Litigation and Certain Other Proceedings|Section 102.152. Treatment of Annuity as Charitable Gift Annuity; Estoppel

Sec. 102.152.  TREATMENT OF ANNUITY AS CHARITABLE GIFT ANNUITY;  ESTOPPEL.  In any litigation or other proceeding brought by or on behalf of a donor or the donor's heirs or distributees, an annuity that the donor has treated as a charitable gift annuity in a filing with the United States Internal Revenue Service shall be considered to be a charitable gift annuity issued by a charitable organization, as described by Subchapters A and B and Section 101.053(b).|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 11.015(a), eff. Sept. 1, 2001.|
TX Ins Code § 151.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle C - Programs Affecting Multiple Lines of Insurance|Chapter 151 - Consolidated Insurance Programs|Subchapter A. General Provisions|Section 151.001. Definitions

Sec. 151.001.  DEFINITIONS.  In this chapter:(1)  "Consolidated insurance program" means a program under which a principal provides general liability insurance coverage, workers' compensation insurance coverage, or both that are incorporated into an insurance program for a single construction project or multiple construction projects.(2)  "Construction project" means construction, remodeling, maintenance, or repair of improvements to real property.  The term includes the immediate construction location and areas incidental and necessary to the work as defined in the construction contract documents.  A construction project under this chapter does not include a single family house, townhouse, duplex, or land development directly related thereto.(3)  "Contractor" means any person who has entered into a construction contract or a professional services contract and is enrolled in the consolidated insurance program.(4)  "Claim" includes a loss or liability for a claim, damage, expense, or governmentally imposed fine, penalty, administrative action, or other action.(5)  "Construction contract" means a contract, subcontract, or agreement, or a performance bond assuring the performance of any of the foregoing, entered into or made by an owner, architect, engineer, contractor, construction manager, subcontractor, supplier, or material or equipment lessor for the design, construction, alteration, renovation, remodeling, repair, or maintenance of, or for the furnishing of material or equipment for, a building, structure, appurtenance, or other improvement to or on public or private real property, including moving, demolition, and excavation connected with the real property.  The term includes an agreement to which an architect, engineer, or contractor and an owner's lender are parties regarding an assignment of the construction contract or other modifications thereto.(6)  "Indemnitor" means a party to a construction contract that is required to provide indemnification or additional insured status to another party to the construction contract or to a third party.(7)  "Insurer" has the meaning assigned by Section 560.001.(8)  "Principal" means the person who procures the insurance policy under a consolidated insurance program.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.|
TX Ins Code § 151.002 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle C - Programs Affecting Multiple Lines of Insurance|Chapter 151 - Consolidated Insurance Programs|Subchapter A. General Provisions|Section 151.002. Rules

Sec. 151.002.  RULES.  The commissioner shall adopt rules as necessary to implement and enforce this subchapter and Subchapter B.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 1, eff. January 1, 2016.|