reglab/housing_qa huggingface dataset:
TX Ins Code § 83.101 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter C. Enforcement|Section 83.101. Authority of Commissioner

Sec. 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 to impose an administrative penalty or direct restitution;(2)  refer the matter to the attorney general for enforcement;(3)  initiate a proceeding to revoke the person's certificate of authority;  or(4)  pursue another action the commissioner considers appropriate under applicable law.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 83.102 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter C. Enforcement|Section 83.102. Determination of Violation

Sec. 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 by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 83.103 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter C. Enforcement|Section 83.103. Hearing on Administrative Penalty

Sec. 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 and place of a hearing to be held not earlier than the 21st day after the date the notice is received.(b)  The notice must contain a statement of the facts or conduct alleged to violate the order.(c)  The commissioner shall serve the notice by registered or certified mail, return receipt requested, to the person's last known address.(d)  The hearing is subject to the procedures for contested cases under Chapter 2001, Government Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 83.104 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter C. Enforcement|Section 83.104. Imposition of Administrative Penalty; Restitution

Sec. 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 each act of violation;(2)  direct the person against whom the order was issued to make complete restitution to each Texas resident, Texas insured, and entity operating in this state that is harmed by the violation;  or(3)  impose the penalty and direct restitution.(b)  A person directed to make restitution shall make the restitution in the form and amount and within the period determined by the commissioner.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 83.105 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter C. Enforcement|Section 83.105. Failure to Pay Penalty

Sec. 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;  or(2)  cancel or revoke any permit, license, certificate of authority, certificate of registration, or other authorization issued under this code as provided by Chapter 82.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 83.151 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter D. Judicial Review; Judicial Action|Section 83.151. Appeal

Sec. 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 in Travis County not later than the 20th day after the date of the order.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 83.152 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter D. Judicial Review; Judicial Action|Section 83.152. Effect of Petition on Order or Related Decision

Sec. 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, after hearing, issues an order that specifically stays or vacates the order or decision.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 83.153 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 83 - Emergency Cease and Desist Orders|Subchapter D. Judicial Review; Judicial Action|Section 83.153. Judicial Action for Enforcement of Order; Attorney's Fees

Sec. 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 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter A. General Provisions|Section 84.001. Definition

Sec. 84.001.  DEFINITION.  In this chapter, "person" means an individual, corporation, trust, partnership, association, or any other legal entity.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.002 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter A. General Provisions|Section 84.002. Application of Chapter to Administrative Penalty

Sec. 84.002.  APPLICATION OF CHAPTER TO ADMINISTRATIVE PENALTY.  (a)  This chapter applies to each monetary penalty the department or commissioner imposes under this code or another insurance law of this state.(b)  For purposes of this chapter, each of the monetary penalties is an administrative penalty.(c)  This chapter applies to a monetary penalty the department or the commissioner of workers' compensation imposes under Title 5, Labor Code, only as provided by that title.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.059, eff. September 1, 2005.|
TX Ins Code § 84.003 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter A. General Provisions|Section 84.003. Application of Administrative Procedure Act

Sec. 84.003.  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.  A proceeding under this chapter is subject to Chapter 2001, Government Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.004 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter A. General Provisions|Section 84.004. Rulemaking Authority

Sec. 84.004.  RULEMAKING AUTHORITY.  (a)  The commissioner may adopt and enforce reasonable rules that the commissioner determines necessary to accomplish the purposes of this chapter.(b)  The commissioner may establish by rule the amount of an administrative penalty to be imposed under Section 84.022 for a specific violation.(c)  The existence or absence of a rule adopted under this chapter does not limit the commissioner's authority to take any action authorized by law.|Added by Acts 2009, 81st Leg., R.S., Ch. 1029 (H.B. 4358), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 84.021 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter B. Imposition of Administrative Penalty|Section 84.021. Imposition of Penalty

Sec. 84.021.  IMPOSITION OF PENALTY.  The commissioner may impose an administrative penalty on a person licensed or regulated under this code or another insurance law of this state, including an unauthorized person as defined by Section 83.001, who violates:(1)  this code;(2)  another insurance law of this state; or(3)  a rule or order adopted under this code or another insurance law of this state.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 6, eff. September 1, 2021.|
TX Ins Code § 84.022 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter B. Imposition of Administrative Penalty|Section 84.022. Penalty Amount

Sec. 84.022.  PENALTY AMOUNT.  (a)  The penalty for a violation may not exceed $25,000, unless a greater or lesser penalty is specified by this code or another insurance law of this state.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of the violation;  and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the economic harm to the public interest or public confidence caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts to correct the violation;(6)  whether the violation was intentional;  and(7)  any other matter that justice may require.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.041 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.041. Report and Notice of Violation and Penalty

Sec. 84.041.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the department determines that a violation has occurred, the department may issue to the commissioner a report that states the facts on which the determination is based and the department's recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the penalty.(b)  Not later than the 14th day after the date the report is issued, the department shall give written notice of the report to the affected person.  The notice may be given by certified mail.  The notice must:(1)  include:(A)  a brief summary of the alleged violation;  and(B)  a statement of the amount of the recommended penalty;  and(2)  inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.042 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.042. Penalty to Be Paid or Hearing Requested

Sec. 84.042.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice, the person, in writing, may:(1)  accept the department's determination and recommended administrative penalty;  or(2)  request a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.(b)  If the person accepts the department's determination and recommended penalty, the commissioner by order shall approve the determination and require the person to pay the recommended penalty.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.043 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.043. Hearing and Decision

Sec. 84.043.  HEARING AND DECISION.  (a)  If the person requests a hearing or fails to respond in a timely manner to the notice, the department shall set a hearing and give notice of the hearing to the person.(b)  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.(c)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the commissioner a proposal for a decision about the occurrence of the violation and the amount of a proposed administrative penalty.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.044 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.044. Decision by Commissioner

Sec. 84.044.  DECISION BY COMMISSIONER.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the commissioner by order may:(1)  find that a violation occurred and impose an administrative penalty;  or(2)  find that a violation did not occur.(b)  The notice of the commissioner's order must include a statement of the right of the person to judicial review of the order.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.045 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.045. Options Following Decision: Pay or Appeal

Sec. 84.045.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  Not later than the 30th day after the date the commissioner's order becomes final, the person shall:(1)  pay the administrative penalty;  or(2)  file a petition for judicial review contesting the occurrence of the violation or the amount of the penalty, or both, and either pay or not pay the penalty.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.046 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.046. Stay of Enforcement of Penalty

Sec. 84.046.  STAY OF ENFORCEMENT OF PENALTY.  (a)  A person who files a petition for judicial review without paying the administrative penalty may, within the 30-day period prescribed by Section 84.045:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account;  or(B)  giving the court a supersedeas bond approved by the court that:(i)  is for the amount of the penalty;  and(ii)  is effective until all judicial review of the board's order is final;  or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court an affidavit stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and(B)  giving a copy of the affidavit to the commissioner by certified mail.(b)  If the commissioner receives a copy of an affidavit under Subsection (a)(2), the commissioner may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.047 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.047. Collection of Penalty

Sec. 84.047.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the commissioner may refer the matter to the attorney general for collection of the penalty.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.048 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.048. Standard of Judicial Review

Sec. 84.048.   STANDARD OF JUDICIAL REVIEW.  The order of the commissioner is subject to judicial review under the substantial evidence rule.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.049 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.049. Decision by Court

Sec. 84.049.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount of the penalty.(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.050 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.050. Remittance of Penalty and Interest

Sec. 84.050.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person.(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 84.051 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 84 - Administrative Penalties|Subchapter C. Procedural Requirements|Section 84.051. Release of Bond

Sec. 84.051.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and if the administrative penalty is not upheld by the court, the court shall order, when the judgment becomes final, the release of the bond.(b)  If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 85.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 85 - General Criminal Enforcement|Subchapter A. General Provisions|Section 85.001. Violation of Certain Laws for Which Punishment Is Not Provided; Offense

Sec. 85.001.  VIOLATION OF CERTAIN LAWS FOR WHICH PUNISHMENT IS NOT PROVIDED;  OFFENSE.  (a)  A person commits an offense if the person violates a law of this state regulating the business of life, fire, or marine insurance.(b)  Unless another penalty is provided by law, an offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 85.051 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 85 - General Criminal Enforcement|Subchapter B. Prosecution of Offenses|Section 85.051. Venue for Prosecution

Sec. 85.051.  VENUE FOR PROSECUTION.  (a)  A person who violates the Penal Code or a penal provision of this code while engaged in the business of insurance may be prosecuted in:(1)  Travis County;  or(2)  a county in which prosecution is authorized under the Code of Criminal Procedure.(b)  A law limiting regulation by the department under this code or another insurance law of this state does not restrict the application of this section.(c)  This section controls if there is a conflict or ambiguity between this section and another provision of this code or another insurance law of this state.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 85.052 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 85 - General Criminal Enforcement|Subchapter B. Prosecution of Offenses|Section 85.052. Election of Prosecution

Sec. 85.052.  ELECTION OF PROSECUTION.  A person who commits an offense under this code may be prosecuted under this code or any other law of this state under which the person may be prosecuted.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 86.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 86 - Revocation or Modification of Certificate of Authority; Authority to Bring Certain Actions|Subchapter A. Revocation or Modification of Certificate|Section 86.001. Authority to Revoke or Modify Certificate of Authority

Sec. 86.001.  AUTHORITY TO REVOKE OR MODIFY CERTIFICATE OF AUTHORITY.  The commissioner may revoke or modify a certificate of authority if a condition or requirement prescribed by law for granting the certificate is no longer satisfied.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 12, eff. April 1, 2007.|
TX Ins Code § 86.002 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 86 - Revocation or Modification of Certificate of Authority; Authority to Bring Certain Actions|Subchapter A. Revocation or Modification of Certificate|Section 86.002. Notice of Intent to Revoke or Modify Certificate of Authority

Sec. 86.002.  NOTICE OF INTENT TO REVOKE OR MODIFY CERTIFICATE OF AUTHORITY.  (a)  The commissioner must notify an insurance carrier in writing of the commissioner's intent to revoke or modify the carrier's certificate of authority.(b)  The commissioner must provide the notice not later than the 10th day before the date the revocation or modification is to occur.(c)  The commissioner must specifically state in the notice the reason for the action.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 12, eff. April 1, 2007.|