reglab/housing_qa huggingface dataset:
TX Ins Code § 751.205 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.205. Exit Conference

Sec. 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 with the insurer.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.206 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.206. Examination Report

Sec. 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 commissioner shall deliver the draft examination report to the insurer not later than the 60th day after the date the examination is completed.  For purposes of this section, the date the examination is completed is the date on which the exit conference is conducted.(c)  Not later than the 30th day after the date on which the insurer receives the draft examination report, the insurer shall provide any written comments regarding the report to the department.(d)  The department shall make a good faith effort to resolve issues with the insurer informally and shall prepare a final examination report not later than the 30th day after the date of receipt of the insurer's written comments on the draft report unless a mutual agreement is reached to extend the deadline.(e)  The department shall include the insurer's responses in the final examination report.  The responses may be included as an appendix or in the text of the examination report.  An insurer is not obligated to submit a response.  An individual involved in the examination may not be named in either the report or the insurer response except to acknowledge the individual's involvement.(f)  The commissioner may make corrections and other changes to the final examination report as appropriate, and shall issue the report to the insurer.  Not later than the 30th day after receipt of the final examination report under this subsection, the insurer shall accept the report, accept the findings of the report, or request a hearing.  The commissioner and the insurer by mutual agreement may extend the period for an additional 30 days.  A request for a hearing must be made in writing and must follow the requirements of Chapter 2001, Government Code.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.207 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.207. Confidentiality of Examination Report Information

Sec. 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 to disclosure under Chapter 552, Government Code.  This section may not be construed to limit the commissioner's authority to use any final or preliminary market conduct examination report, any examiner or company work papers or other documents, or any other information discovered or developed during the course of an examination in the furtherance of any legal or regulatory action that the commissioner, in the commissioner's sole discretion, may deem appropriate.(b)  This chapter does not prevent the commissioner from disclosing at any time the contents of a final market conduct examination report to the department, the insurance department of any other state, or an agency of the federal government, if the department or agency receiving the report agrees in writing to maintain the information as confidential and in a manner consistent with this chapter.(c)  The commissioner shall provide to an insurer subject to a final market conduct examination a written agreement described by Subsection (b) not later than the fifth day after the date the final market conduct examination is released under Subsection (b).|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.208 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.208. Assessment of Costs of Examination

Sec. 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 for that cost must be consistent with those otherwise authorized by law.  The fees must be itemized and bills for the fees must be provided to the insurer on a monthly basis for review prior to submission for payment.(b)  The commissioner shall actively manage and oversee examination costs, including costs associated with the use of department examiners and with retaining qualified contract examiners necessary to perform an on-site examination.  To the extent the commissioner retains outside assistance, the commissioner shall adopt by rule written protocols that:(1)  clearly identify the types of functions to be subject to outsourcing;(2)  provide specific time lines for completion of the outsourced review;(3)  require disclosure of recommendations made by contract examiners;(4)  establish and use a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination fees; and(5)  require disclosure of the terms of contracts entered into with outside consultants, and specifically terms regarding the fees or hourly rates that may be charged by those consultants.(c)  The commissioner must review and affirmatively endorse detailed billings made by a qualified contract examiner before the detailed billings are sent to the insurer.(d)  An insurer may not be required to provide reimbursement for examiner fees under Subsection (a), whether those fees are incurred by market conduct surveillance personnel or qualified contract examiners, to the extent that those fees exceed the fees prescribed in the market conduct examiners handbook and any successor documents to that handbook, unless the commissioner demonstrates that the fees prescribed in the handbook are inadequate under the circumstances of the examination.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.209 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.209. Limit on Certain Examinations

Sec. 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 for longer than once every three years.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.251 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter F. Confidentiality Requirements|Section 751.251. No Waiver

Sec. 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 claim of confidentiality regarding the document, material, or information.(b)  Notwithstanding Subsection (a), an insurer may not be compelled to disclose a self-audit document or waive any statutory or common law privilege.  An insurer may, however, voluntarily disclose a document described by this subsection to the commissioner in response to any market conduct action or examination.(c)  For the purposes of Subsection (b), "self-audit document" means a document that is prepared as a result of or in connection with an insurance compliance audit.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.252 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter F. Confidentiality Requirements|Section 751.252. Authority of Commissioner

Sec. 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 international regulatory agencies and law enforcement authorities if the recipient agrees to and has the legal authority to maintain the confidentiality and privileged status of the document, material, or other information.(b)  The commissioner may receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and that association's affiliates or subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions.  The commissioner shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that the document, material, or information is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.(c)  Consistent with this section, the commissioner may enter into agreements governing the sharing and use of information.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.301 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter G. Market Conduct Surveillance Personnel|Section 751.301. Personnel; Qualifications

Sec. 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 staff with qualified outside professional assistance if the commissioner determines that that assistance is necessary.(b)  Market conduct surveillance personnel must be qualified by education and experience and, if applicable, must hold appropriate professional designations.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.302 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter G. Market Conduct Surveillance Personnel|Section 751.302. Conflict of Interest

Sec. 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 is affiliated with the management of, has been employed by, or owns a pecuniary interest in an insurer subject to an examination conducted under this chapter.(b)  This section may not be construed to automatically preclude the individual from being:(1)  a policyholder or claimant under an insurance policy;(2)  a grantee of a mortgage or similar instrument on the individual's residence from a regulated entity if done under customary terms and in the ordinary course of business;(3)  an investment owner in shares of regulated diversified investment companies; or(4)  a settlor or beneficiary of a blind trust into which any otherwise permissible holdings have been placed.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.303 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter G. Market Conduct Surveillance Personnel|Section 751.303. Access to Information

Sec. 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 all employees, officers, and directors, of the insurer during regular business hours.(b)  On the request of market conduct surveillance personnel, an insurer that uses a third-party model or product for any of the activities under examination shall make the details of those models or products available to that personnel.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.304 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter G. Market Conduct Surveillance Personnel|Section 751.304. Authority of Market Conduct Surveillance Personnel

Sec. 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 by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.351 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter H. Sanctions|Section 751.351. Sanctions

Sec. 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 this chapter, to have violated this code, a rule adopted under this code, or another insurance law of this state.(b)  In determining an appropriate sanction under Subsection (a) the commissioner shall consider:(1)  any actions taken by the insurer to maintain membership in, and comply with the standards of, best-practice organizations that promote high ethical standards of conduct in the insurance marketplace; and(2)  the extent to which the insurer maintains regulatory compliance programs to self-assess, self-report, and remediate problems detected by the insurer.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 801.001 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter A. General Provisions|Section 801.001. Definitions

Sec. 801.001.  DEFINITIONS.  In this chapter:(1)  "Control" has the meaning described by Section 823. 005.(2)  "Insurer" means the issuer of an insurance policy that is issued to another in consideration of a premium and that insures against a loss that may be insured against under the law.  The term includes a:(A)  fraternal benefit society;(B)  Lloyd's plan;(C)  mutual company of any kind, including a:(i)  statewide mutual assessment association;(ii)  local mutual aid association or burial association; and(iii)  county or farm mutual insurance company;(D)  reciprocal or interinsurance exchange;(E)  group hospital service corporation;(F)  health maintenance organization;(G)  nonprofit legal services corporation; and(H)  stock company.(3)  "Person" has the meaning assigned by Section 823.002.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1022 (H.B. 4291), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 801.002 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter A. General Provisions|Section 801.002. Exemption for Certain Fraternal Benefit Societies

Sec. 801.002.  EXEMPTION FOR CERTAIN FRATERNAL BENEFIT SOCIETIES.  This chapter does not apply to a fraternal benefit society that:(1)  sells insurance policies only as an incidental benefit to its members;  and(2)  on September 6, 1955, was:(A)  organized and licensed by the department as a fraternal benefit society;  or(B)  exempt under former Article 10.12 or 10.38, revised as Section 885.004.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.051 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter B. Certificate of Authority|Section 801.051. Approval, Denial, or Disapproval of Application for Certificate; Eligibility; Hearing

Sec. 801.051.  APPROVAL, DENIAL, OR DISAPPROVAL OF APPLICATION FOR CERTIFICATE; ELIGIBILITY; HEARING.  (a)  The department shall approve, deny, or disapprove an application for a certificate of authority to act as an insurer.(b)  If the department determines that the applicant has complied with the law, the department shall approve the application and issue under the department's seal a certificate of authority to act as an insurer.(c)  On the applicant's request, the commissioner shall hold a hearing on a denial.  Not later than the 30th day after the date of the applicant's request for a hearing, the commissioner shall request a hearing date.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1022 (H.B. 4291), Sec. 2, eff. June 19, 2009.|
TX Ins Code § 801.052 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter B. Certificate of Authority|Section 801.052. Effect and Contents of Certificate

Sec. 801.052.  EFFECT AND CONTENTS OF CERTIFICATE.  A certificate of authority issued to an insurer under this chapter authorizes the insurer to engage in the business of insurance.  The certificate of authority must state the specific kinds of insurance authorized under the certificate.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.053 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter B. Certificate of Authority|Section 801.053. Duration of Certificate

Sec. 801.053.  DURATION OF CERTIFICATE.  A certificate of authority issued to an insurer under this chapter is effective until it is suspended or revoked.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.054 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter B. Certificate of Authority|Section 801.054. Preference for Domestic Company

Sec. 801.054.  PREFERENCE FOR DOMESTIC COMPANY.  In issuing a certificate of authority to an applicant under this chapter, the department shall give preference to an application submitted by a domestic company.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.055 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter B. Certificate of Authority|Section 801.055. Deposit of Fees

Sec. 801.055.  DEPOSIT OF FEES.  A fee collected by the department under this chapter for a certificate of authority shall be deposited to the credit of the Texas Department of Insurance operating account.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.056 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter B. Certificate of Authority|Section 801.056. Failure to Provide Complete Set of Fingerprints: Ground for Denial of Application

Sec. 801.056.  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 code, including:(1)  a certificate of authority;(2)  a certificate of registration;(3)  a license;  and(4)  a permit.(b)  The department may deny an application for an authorization if the applicant or a corporate officer of the applicant fails to provide a complete set of fingerprints on request by the department.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.057 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter B. Certificate of Authority|Section 801.057. Failure to File Annual Statement: Ground for Revocation or Suspension

Sec. 801.057.  FAILURE TO FILE ANNUAL STATEMENT:  GROUND FOR REVOCATION OR SUSPENSION.  A certificate of authority of an insurer that fails to file an annual statement required by law is subject to being suspended or revoked by the department.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.101 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter C. Competence, Fitness, or Reputation|Section 801.101. Department Inquiry

Sec. 801.101.  DEPARTMENT INQUIRY.  The department may inquire into the competence, fitness, or reputation of:(1)  an officer or director of an insurer;  or(2)  a person having control of an insurer.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 801.102 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle A - General Provisions Applicable to Insurers and Related Entities|Chapter 801 - Certificate of Authority|Subchapter C. Competence, Fitness, or Reputation|Section 801.102. Denial of Application or Revocation of Certificate

Sec. 801.102.  DENIAL OF APPLICATION OR REVOCATION OF CERTIFICATE.  (a)  If after conducting an inquiry under Section 801.101 the department determines that the person who is the subject of the inquiry is not worthy of the public confidence, the department shall:(1)  deny the application for a certificate of authority; or(2)  revoke the insurer's certificate of authority.(b)  On the applicant's request, the commissioner shall hold a hearing on a denial or revocation.  Not later than the 30th day after the date of the applicant's request for a hearing, the commissioner shall request a hearing date.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1022 (H.B. 4291), Sec. 3, eff. June 19, 2009.|