reglab/housing_qa huggingface dataset:
TX Ins Code § 35.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 35 - Electronic Transactions|Section 35.001. Definitions

Sec. 35.001.  DEFINITIONS.  In this chapter:(1)  "Conduct business" includes engaging in or transacting any business in which a regulated entity is authorized to engage or is authorized to transact under the law of this state.(2)  "Regulated entity" means each insurer, organization, person, or program regulated by the department, including:(A)  a domestic or foreign, stock or mutual, life, health, or accident insurance company;(B)  a domestic or foreign, stock or mutual, fire or casualty insurance company;(C)  a Mexican casualty company;(D)  a domestic or foreign Lloyd's plan;(E)  a domestic or foreign reciprocal or interinsurance exchange;(F)  a domestic or foreign fraternal benefit society;(G)  a domestic or foreign title insurance company;(H)   a stipulated premium company;(I)  a nonprofit legal service corporation;(J)  a health maintenance organization;(K)  a statewide mutual assessment company;(L)  a local mutual aid association;(M)  a local mutual burial association;(N)  an association exempt under Section 887.102;(O)  a nonprofit hospital, medical, or dental service corporation, including a company subject to Chapter 842;(P)  a county mutual insurance company;(Q)  a farm mutual insurance company; and(R)  an agency or agent of an insurer, organization, person, or program described by this subdivision.(3)  "Deliver by electronic means" means:(A)  deliver to an e-mail address at which a party has consented to receive notices, documents, or information; or(B)  post on an electronic network or Internet website accessible by an electronic device, including a computer, mobile device, or tablet, and deliver notice of the posting to an e-mail address at which the party has consented to receive notices.(4)  "Party" means a recipient, including an applicant, insured, policyholder, enrollee, or annuity contract holder, of a notice or document or of information required as part of an insurance transaction.(4-a)  "Plan sponsor" means a person, other than a regulated entity, who establishes, adopts, or maintains a health benefit plan, including a vision or dental benefit plan, that covers residents of this state, including a plan established, adopted, or maintained by an employer or jointly by an employer and one or more employee organizations, an association, a committee, a joint board of trustees, or any similar group of representatives who establish, adopt, or maintain a plan.(5)  "Written communication" means a notice or document or other information provided in writing.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 6.001, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 602 (S.B. 1074), Sec. 1, eff. September 1, 2013.Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 5.001, eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 976 (S.B. 2124), Sec. 1, eff. September 1, 2021.|
TX Ins Code § 35.002 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 35 - Electronic Transactions|Section 35.002. Construction With Other Law

Sec. 35.002.  CONSTRUCTION WITH OTHER LAW.  (a)  Notwithstanding any other provision of this code, a regulated entity may conduct business electronically in accordance with this chapter and the rules adopted under Section 35.004.(b)  To the extent of any conflict between another provision of this code and a provision of this chapter, the provision of this chapter controls.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 6.001, eff. September 1, 2011.|
TX Ins Code § 35.003 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 35 - Electronic Transactions|Section 35.003. Electronic Transactions Authorized

Sec. 35.003.  ELECTRONIC TRANSACTIONS AUTHORIZED.  A regulated entity may conduct business electronically to the same extent that the entity is authorized to conduct business otherwise if before the conduct of business each party to the business agrees to conduct the business electronically.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 6.001, eff. September 1, 2011.|
TX Ins Code § 35.0041 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 35 - Electronic Transactions|Section 35.0041. Consent to Electronic Delivery by Plan Sponsor

Sec. 35.0041.  CONSENT TO ELECTRONIC DELIVERY BY PLAN SPONSOR.  (a)  The plan sponsor of a health benefit plan, including a vision or dental benefit plan, may, on behalf of a party enrolled in the plan, give the consent required by Section 35.004(c)(1).(b)  Before consenting on behalf of a party, a plan sponsor must:(1)  provide the party with the statements required by Sections 35.004(c)(2) and (c)(3)(A);(2)  confirm that the party routinely uses electronic communications during the normal course of employment; and(3)  provide the party an opportunity to opt out of delivery by electronic means.|Added by Acts 2021, 87th Leg., R.S., Ch. 976 (S.B. 2124), Sec. 2, eff. September 1, 2021.|
TX Ins Code § 35.0045 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 35 - Electronic Transactions|Section 35.0045. Rules

Sec. 35.0045.  RULES.   The commissioner shall adopt rules necessary to implement and enforce this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 602 (S.B. 1074), Sec. 2, eff. September 1, 2013.|
TX Ins Code § 35.005 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 35 - Electronic Transactions|Section 35.005. Exemption From Certain Federal Laws

Sec. 35.005.  EXEMPTION FROM CERTAIN FEDERAL LAWS.  This chapter modifies, limits, or supersedes the provisions of the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) as authorized by Section 102 of that Act (15 U.S.C. Section 7002).|Added by Acts 2013, 83rd Leg., R.S., Ch. 602 (S.B. 1074), Sec. 3, eff. September 1, 2013.|
TX Ins Code § 39.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 39 - Public Access|Section 39.001. Access to Programs and Facilities

Sec. 39.001.  ACCESS TO PROGRAMS AND FACILITIES.  (a)  The commissioner shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the department's programs.(b)  The department shall comply with federal and state laws for program and facility accessibility.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 39.002 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 39 - Public Access|Section 39.002. Public Comment

Sec. 39.002.  PUBLIC COMMENT.  The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the commissioner.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 39.003 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 39 - Public Access|Section 39.003. Public Representation on Advisory Body

Sec. 39.003.  PUBLIC REPRESENTATION ON ADVISORY BODY.  (a)  At least one-half of the membership of each advisory body appointed by the commissioner, other than an advisory body whose membership is determined by this code or by another law relating to the business of insurance in this state, must represent the general public.(b)  A public representative may not be:(1)  an officer, director, or employee of an insurance company, insurance agency, agent, broker, solicitor, adjuster, or any other business entity regulated by the department;(2)  a person required to register with the Texas Ethics Commission under Chapter 305, Government Code;  or(3)  a person related within the second degree by affinity or consanguinity to a person described by Subdivision (1) or (2).|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 81.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 81 - General Provisions Regarding Discipline and Enforcement|Section 81.001. Limitations Period for Certain Disciplinary Actions

Sec. 81.001.  LIMITATIONS PERIOD FOR CERTAIN DISCIPLINARY ACTIONS.  (a)  Except as provided by Subsection (b), the department or commissioner may not begin an action to impose a sanction, penalty, or fine, including an administrative penalty, against an insurer, agent, or other license holder who is subject to the jurisdiction of the department for conduct that is a violation of this code or another insurance law of this state after the earlier of:(1)  the fifth anniversary of the date on which the conduct that is a violation occurred;  or(2)  the second anniversary of the earlier of:(A)  the date on which the conduct that is a violation is first discovered by the department;  or(B)  the date on which the conduct that is a violation is made known to the department.(b)  The department or commissioner may not begin an action to impose a sanction, penalty, or fine, including an administrative penalty, against an insurer, agent, or other license holder who is subject to the jurisdiction of the department for conduct that is a violation of this code or another insurance law of this state and that involves fraud by the insurer, agent, or license holder after the fifth anniversary of the earlier of:(1)  the date on which the conduct that is a violation is first discovered by the department;  or(2)  the date on which the conduct that is a violation is made known to the department.(c)  This section does not apply to conduct that is:(1)  a violation that is ongoing at the time the department seeks to impose the sanction, penalty, or fine;(2)  a violation of Subchapter A, Chapter 544, or Section 541.057, as those provisions relate to discrimination on the basis of race or color, regardless of the time the conduct occurs; or(3)  a violation of Title 5, Labor Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 887, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.058, eff. September 1, 2005.|
TX Ins Code § 81.002 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 81 - General Provisions Regarding Discipline and Enforcement|Section 81.002. Notice of Certain Orders and Decisions

Sec. 81.002.  NOTICE OF CERTAIN ORDERS AND DECISIONS.  Notwithstanding Section 2001.142, Government Code, in a contested case before the department or the commissioner the department shall mail to each party and the party's attorney of record, by certified mail, return receipt requested, a copy of the department's or commissioner's written decision or order in that case.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 81.003 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 81 - General Provisions Regarding Discipline and Enforcement|Section 81.003. Notification of Certain Disciplinary Actions Occurring in Other States; Civil Penalty

Sec. 81.003.  NOTIFICATION OF CERTAIN DISCIPLINARY ACTIONS OCCURRING IN OTHER STATES;  CIVIL PENALTY.  (a)  In this section, "insurer" means any organization, corporation, or other person that transacts insurance business, other than an organization, corporation, or other person that is specifically made exempt from this section by a reference to this section, without regard to whether the organization, corporation, or other person is listed in this subsection.  The term includes:(1)  a capital stock company;(2)  a title insurance company;(3)  a reciprocal or interinsurance exchange;(4)  a Lloyd's plan insurer;(5)  a fraternal benefit society;(6)  a mutual company, including a mutual assessment company;(7)  a statewide mutual assessment company;(8)  a local mutual aid association;(9)  a burial association;(10)  a county mutual insurance company;(11)  a farm mutual insurance company;  and(12)  a fidelity, guaranty, or surety company.(b)  An insurer shall notify the commissioner and shall deliver a copy of any applicable order or judgment to the commissioner not later than the 30th day after the date of the:(1)  suspension or revocation of the insurer's right to transact business in another state; or(2)  receipt of an order to show cause why the insurer's license in another state should not be suspended or revoked.(c)  An insurer who violates Subsection (b) is liable for a civil penalty, recoverable by a civil action, in an amount not to exceed $500 for each violation.  In addition to the civil penalty, the commissioner may suspend or revoke the license of an insurer or agent for a wilful violation of Subsection (b).|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 43 (S.B. 1012), Sec. 1, eff. September 1, 2017.|
TX Ins Code § 81.004 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle B - Discipline and Enforcement|Chapter 81 - General Provisions Regarding Discipline and Enforcement|Section 81.004. Report to Attorney General

Sec. 81.004.  REPORT TO ATTORNEY GENERAL.  The department shall report to the attorney general, promptly and in detail, any violation of law relating to insurance companies or the business of insurance.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 203.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle A - General Provisions|Chapter 203 - General Provisions Relating to Taxes|Section 203.001. Limitation on Certain Additional Taxes

Sec. 203.001.  LIMITATION ON CERTAIN ADDITIONAL TAXES.  (a)  This section applies to:(1)  an insurer authorized to engage in the business of insurance in this state other than an eligible surplus lines insurer;  and(2)  a health maintenance organization authorized to engage in the business of a health maintenance organization in this state.(b)  Except as otherwise provided by this code or the Labor Code, an insurer or health maintenance organization subject to a tax imposed by Chapter 4, 221, 222, 223A, 224, or 257 may not be required to pay any additional tax imposed by this state or a county or municipality in proportion to the insurer's or health maintenance organization's gross premium receipts.(c)  Subsection (b) does not:(1)  limit the applicability of other taxes, fees, and assessments imposed by this code;  or(2)  prohibit the imposition and collection of state, county, and municipal taxes on the property of insurers or health maintenance organizations or state, county, and municipal taxes imposed by other laws of this state, unless a specific exemption for insurers or health maintenance organizations is provided in those laws.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 3, eff. June 14, 2013.|
TX Ins Code § 203.002 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle A - General Provisions|Chapter 203 - General Provisions Relating to Taxes|Section 203.002. Tax Payment Required for Certain Certificates; Unreported Gross Premium Receipts

Sec. 203.002.  TAX PAYMENT REQUIRED FOR CERTAIN CERTIFICATES;  UNREPORTED GROSS PREMIUM RECEIPTS.  (a)  A Life Insurance Company May not receive a certificate of authority to engage in the business of insurance in this state until all taxes imposed under this code or another insurance law of this state are paid.(b)  If the commissioner determines by examining a company or by other means that the company's gross premium receipts in a year exceed the amount reported by the company for that year, the commissioner shall report that determination to the comptroller.  The comptroller shall institute a collection action as the comptroller considers appropriate to collect taxes due on unreported gross premium receipts.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 221.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 221 - Property and Casualty Insurance Premium Tax|Section 221.001. Applicability of Chapter

Sec. 221.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to an insurer, organization, or concern that receives gross premiums subject to taxation under Section 221.002, including a reciprocal or interinsurance exchange that elects to be subject to taxation under this chapter in accordance with Section 224.003 and a Lloyd's plan.(b)  This chapter does not apply to:(1)  a fraternal benefit society, including a fraternal benefit society operating under Chapter 885;(2)  a group hospital service corporation operating under Chapter 842;(3)  a stipulated premium company operating under Chapter 884;(4)  a mutual assessment association, company, or corporation regulated under Chapter 887;(5)  a purely cooperative or mutual fire insurance company carried on by its members solely for the protection of their own property and not for profit, except as provided by Section 221.002(b)(13); or(6)  a farm mutual insurance company operating under Chapter 911, unless the company is acting as a fronting insurer.(c)  In this section, "fronting insurer" means a farm mutual insurance company:(1)  issuing an insurance policy that is the result of:(A)  marketing by an insurer not affiliated with the farm mutual insurance company;(B)  an application submitted by a consumer to an insurer not affiliated with the farm mutual insurance company; or(C)  an agreement with an insurer that is not a farm mutual insurance company solely for the purpose of being regulated under Chapter 911; or(2)  that cedes 85 percent or more of the farm mutual insurance company's direct written premium to one or more nonaffiliated reinsurers.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1083 (H.B. 3496), Sec. 1, eff. September 1, 2017.|
TX Ins Code § 221.002 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 221 - Property and Casualty Insurance Premium Tax|Section 221.002. Tax Imposed; Rate

Sec. 221.002.  TAX IMPOSED;  RATE.  (a)  An annual tax is imposed on each insurer that receives gross premiums subject to taxation under this section.  The rate of the tax is 1.6 percent of the insurer's taxable premium receipts for a calendar year.(b)  Except as provided by Subsection (c), in determining an insurer's taxable premium receipts, the insurer shall include the total gross amounts of premiums, membership fees, assessments, dues, revenues, and any other considerations for insurance written by the insurer in a calendar year from any kind of insurance written by the insurer on each kind of property or risk located in this state, including:(1)  fire insurance;(2)  ocean marine insurance;(3)  inland marine insurance;(4)  accident insurance;(5)  credit insurance;(6)  livestock insurance;(7)  fidelity insurance;(8)  guaranty insurance;(9)  surety insurance;(10)  casualty insurance;(11)  workers' compensation insurance;(12)  employers' liability insurance;(13)  crop insurance written by a farm mutual insurance company;(14)  home warranty insurance; and(15)  travel insurance.(c)  The following premium receipts are not included in determining an insurer's taxable premium receipts:(1)  premium receipts received from the business of title insurance;(2)  premium receipts received from the business of life insurance, personal accident insurance, life and accident insurance, or health and accident insurance for profit, written by a life insurance company, life and accident insurance company, health and accident insurance company, or for mutual benefit or protection in this state;(3)  premium receipts received from another authorized insurer for reinsurance;(4)  returned premiums and dividends paid to policyholders;(5)  premiums excluded by another law of this state; and(6)  premiums or service fees retained by a bail bond surety licensed under Chapter 1704, Occupations Code, or by a property and casualty agent in connection with the execution or delivery of a bail bond as defined by Section 1704.001, Occupations Code.(d)  In determining an insurer's taxable premium receipts, an insurer is not entitled to a deduction for premiums paid for reinsurance.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 932 (H.B. 3315), Sec. 1, eff. June 15, 2007.Acts 2013, 83rd Leg., R.S., Ch. 896 (H.B. 1047), Sec. 1, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 1000 (H.B. 2587), Sec. 6, eff. September 1, 2019.|
TX Ins Code § 221.003 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 221 - Property and Casualty Insurance Premium Tax|Section 221.003. Tax Due Dates

Sec. 221.003.  TAX DUE DATES.  (a)  The total tax imposed by this chapter is due and payable not later than March 1 after the end of the calendar year for which the tax is due.(b)  An insurer that had a net tax liability for the previous calendar year of more than $1,000 shall make semiannual prepayments of tax on March 1 and August 1.  The tax paid on each date must be equal to 50 percent of the total amount of tax the insurer paid under this chapter for the previous calendar year.  If the insurer did not pay a tax under this chapter during the previous calendar year, the tax paid on each date must be equal to the tax that would be owed on the aggregate of the gross premiums for the two previous calendar quarters.(c)  The comptroller may refund any overpayment of taxes that results from the semiannual prepayment system prescribed by this section.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 221.004 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 221 - Property and Casualty Insurance Premium Tax|Section 221.004. Tax Report

Sec. 221.004.  TAX REPORT.  (a)  An insurer liable for the tax imposed by this chapter must file annually with the comptroller a tax report on a form prescribed by the comptroller.(b)  The tax report is due on the date the tax is due under Section 221.003(a).|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 221.005 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 221 - Property and Casualty Insurance Premium Tax|Section 221.005. Change in Due Dates

Sec. 221.005.  CHANGE IN DUE DATES.  (a)  The comptroller by rule may change the dates for reporting and paying taxes under this chapter to improve operating efficiencies within the agency.(b)  A change by the comptroller in a reporting or payment date must retain the system of semiannual prepayments prescribed by Section 221.003.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|