reglab/housing_qa huggingface dataset:
TX Ins Code § 964.067 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter B. Captive Insurance Companies|Section 964.067. Captive Managers

Sec. 964.067.  CAPTIVE MANAGERS.  Before providing captive management services to a licensed captive insurance company, a captive management company shall register with the commissioner by providing the information required on a form adopted by the commissioner.|Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.|
TX Ins Code § 964.068 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter B. Captive Insurance Companies|Section 964.068. Maintenance Tax

Sec. 964.068.  MAINTENANCE TAX.  A captive insurance company is subject to maintenance tax under Subtitle C, Title 3, on the correctly reported gross premiums from writing insurance on risks located in this state as applicable to the individual lines of business written by the captive insurance company.|Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.|
TX Ins Code § 964.069 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter B. Captive Insurance Companies|Section 964.069. Rulemaking Authority

Sec. 964.069.  RULEMAKING AUTHORITY.  The commissioner may adopt reasonable rules as necessary to implement the purposes and provisions of this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.|
TX Ins Code § 964.070 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter B. Captive Insurance Companies|Section 964.070. Confidentiality

Sec. 964.070.  CONFIDENTIALITY.  (a)  Any information filed with the commissioner by an applicant or captive insurance company under this chapter is confidential and privileged for all purposes, including for purposes of Chapter 552, Government Code, a response to a subpoena, or evidence in a civil action.  Except as provided by Subsections (b) and (c), the information may not be disclosed without the prior written consent of the applicant or captive insurance company to which the information pertains.(b)  If the recipient of the information described by Subsection (a) has the legal authority to maintain the confidential or privileged status of the information and verifies that authority in writing, the commissioner or another person may disclose the information to any of the following entities functioning in an official capacity:(1)  a commissioner of insurance or an insurance department of another state;(2)  an authorized law enforcement official;(3)  a district attorney of this state;(4)  the attorney general;(5)  a grand jury;(6)  the National Association of Insurance Commissioners if the captive insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Chapter 823;(7)  another state or federal regulator if the applicant or captive insurance company to which the information relates operates in the entity's jurisdiction;(8)  an international insurance regulator or analogous financial agency if the captive insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Chapter 823 and the holding company system operates in the entity's jurisdiction; or(9)  members of a supervisory college described by Section 823.0145, if the captive insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Chapter 823.(c)  The commissioner may use information described by Subsection (a) in the furtherance of a legal or regulatory action relating to the administration of this code.(d)  The secretary of state may index in the public record any document filed with the secretary by an applicant or captive insurance company.|Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.16, eff. June 15, 2017.|
TX Ins Code § 964.071 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter B. Captive Insurance Companies|Section 964.071. Redomestication

Sec. 964.071.  REDOMESTICATION.  (a)  An authorized foreign or alien captive insurance company licensed under laws of any jurisdiction may become a domestic captive insurance company in this state on a determination by the commissioner that the authorized foreign or alien captive insurance company has complied with all of the requirements of this chapter for the issuance of a certificate of authority to, and the Business Organizations Code for converting to an entity of this state for, a domestic captive insurance company of the same type.(b)  A domestic captive insurance company, on the approval of the commissioner, may transfer its domicile.  On the transfer, the captive insurance company ceases to be a domestic captive insurance company.  The commissioner shall approve any proposed transfer unless the commissioner determines the transfer is not in the best interest of the policyholders.(c)  The commissioner may postpone or waive the imposition of any fees or taxes under this code for a period not to exceed two years for any foreign or alien captive insurance company redomesticating to this state.|Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.|
TX Ins Code § 964.072 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter B. Captive Insurance Companies|Section 964.072. Approval of Captive Reinsurance Pools

Sec. 964.072.  APPROVAL OF CAPTIVE REINSURANCE POOLS.  Before determining whether to approve a captive insurance company's participation in a captive reinsurance pool under Section 964.052, the commissioner may:(1)  require the captive insurance company provide to the commissioner evidence that the captive reinsurance pool:(A)  is composed only of other captive insurance companies holding a certificate of authority under this chapter or a similar law of another jurisdiction; and(B)  will be able to meet the pool's financial obligations; and(2)  impose any other limitation or requirement on the captive insurance company that is necessary and proper to provide adequate security for the captive insurance company.|Added by Acts 2015, 84th Leg., R.S., Ch. 469 (S.B. 667), Sec. 4, eff. June 15, 2015.|
TX Ins Code § 964.073 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter B. Captive Insurance Companies|Section 964.073. Adjuster License Not Required; Exception

Sec. 964.073.  ADJUSTER LICENSE NOT REQUIRED; EXCEPTION.  (a)  Except as provided by Subsection (b), a captive insurance company is not required to use a person licensed as an adjuster under Chapter 4101 to adjust losses.(b)  A captive insurance company shall use a person licensed as an adjuster under Chapter 4101 to adjust a claim that a person that is not an affiliated company or an insured controlled unaffiliated business makes against an affiliated company insured by the captive insurance company.|Added by Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.17, eff. June 15, 2017.|
TX Ins Code § 964.101 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter C. Captive Exchanges|Section 964.101. Applicability of Other Law

Sec. 964.101.  APPLICABILITY OF OTHER LAW.  (a)  A captive exchange is subject to:(1)  this chapter; and(2)  Sections 942.051, 942.053, and 942.054.(b)  To the extent of a conflict, this chapter controls over other law applicable to a captive exchange under this section.|Added by Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 2.01, eff. June 15, 2017.|
TX Ins Code § 964.102 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter C. Captive Exchanges|Section 964.102. Status of Captive Exchanges

Sec. 964.102.  STATUS OF CAPTIVE EXCHANGES.  A captive exchange is formed as an exchange as provided by this subchapter and, except as provided by this subchapter, shall operate as a captive insurance company as provided by this chapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 2.01, eff. June 15, 2017.|
TX Ins Code § 964.103 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter C. Captive Exchanges|Section 964.103. Subscriber Requirements

Sec. 964.103.  SUBSCRIBER REQUIREMENTS.  On and after the date of the captive exchange's formation, each subscriber of the captive exchange must:(1)  have an existing affiliation with each other subscriber; or(2)  satisfy the definition of a controlled unaffiliated business regardless of any affiliation relationship created by the captive exchange.|Added by Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 2.01, eff. June 15, 2017.|
TX Ins Code § 964.104 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter C. Captive Exchanges|Section 964.104. Attorney in Fact Requirements

Sec. 964.104.  ATTORNEY IN FACT REQUIREMENTS.  The attorney in fact of a captive exchange must:(1)  be:(A)  a corporation organized in this state; or(B)  a limited liability company organized in this state;(2)  on the date of the captive exchange's formation, have and maintain a power of attorney with all subscribers of the captive exchange;(3)  have its principal office in this state; and(4)  have at least three members in the governing body of the attorney in fact, and at least one of those members must be a resident of this state.|Added by Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 2.01, eff. June 15, 2017.|
TX Ins Code § 964.105 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter C. Captive Exchanges|Section 964.105. Attorney in Fact Powers and Duties

Sec. 964.105.  ATTORNEY IN FACT POWERS AND DUTIES.  (a)  The attorney in fact of a captive exchange shall:(1)  supervise the finances of the captive exchange;(2)  supervise the captive exchange's operations to ensure the captive exchange's conformity with the captive exchange's subscriber declaration and power of attorney; and(3)  obtain, as necessary, an audit of the account and records of the attorney in fact at the expense of the captive exchange.(b)  The attorney in fact of a captive exchange has any additional powers and duties conferred by the captive exchange's subscriber declaration and power of attorney.|Added by Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 2.01, eff. June 15, 2017.|
TX Ins Code § 964.106 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle H - Other Entities|Chapter 964 - Captive Insurance Companies|Subchapter C. Captive Exchanges|Section 964.106. Subscriber Declaration

Sec. 964.106.  SUBSCRIBER DECLARATION.  A captive exchange shall file with the department a subscriber declaration that includes:(1)  the information described by Section 942.053;(2)  the amount of the captive exchange's initial surplus; and(3)  a provision to authorize a quorum of the governing body of the captive exchange's attorney in fact to consist of not fewer than one-third of the fixed number of members of the governing body.|Added by Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 2.01, eff. June 15, 2017.|
TX Ins Code § 981.001 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle I - Surplus Lines Insurers; Companies Not Organized in Texas|Chapter 981 - Surplus Lines Insurance|Subchapter A. General Provisions|Section 981.001. Purpose

Sec. 981.001.  PURPOSE.  (a)  An insurance transaction that is entered into by a resident of this state with an eligible surplus lines insurer through a surplus lines agent because of difficulty in obtaining coverage from an authorized insurer is a matter of public interest.(b)  The transaction of surplus lines insurance is a subject of concern and it is necessary to provide for the regulation, taxation, supervision, and control of these transactions and the practices and matters related to these transactions by:(1)  requiring appropriate standards and reports concerning the placement of surplus lines insurance;(2)  imposing requirements necessary to make regulation and control of surplus lines insurance reasonably complete and effective;(3)  providing orderly access to eligible surplus lines insurers;(4)  ensuring the maintenance of fair and honest markets;(5)  protecting the revenues of this state;  and(6)  protecting authorized insurers, which under the laws of this state must meet strict standards relating to the regulation and taxation of the business of insurance, from unfair competition by unauthorized insurers.(c)  To regulate and tax surplus lines insurance placed in accordance with this chapter within the meaning and intent of 15 U.S.C. Section 1011 and 15 U.S.C. Chapter 108, this chapter provides an orderly method for each person whose home state is this state for a particular transaction to effect insurance with eligible surplus lines insurers through qualified, licensed, and supervised surplus lines agents in this state, if coverage is not available from authorized and regulated insurers engaged in business in this state, under reasonable and practical safeguards.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 595 (S.B. 951), Sec. 1, eff. June 14, 2013.|
TX Ins Code § 981.002 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle I - Surplus Lines Insurers; Companies Not Organized in Texas|Chapter 981 - Surplus Lines Insurance|Subchapter A. General Provisions|Section 981.002. Definitions

Sec. 981.002.  DEFINITIONS.  In this chapter:(1)  "Affiliate" means, with respect to determining the home state of an insured, and solely for the purpose of determining whether an entity is another entity's affiliate, a person or entity that controls, is controlled by, or is under common control with the insured.(2)  "Affiliated group" means a group of entities whose members are all affiliated.(3)  "Control" means, with respect to determining the home state of an insured, and solely for the purpose of determining whether an entity is another entity's affiliate:(A)  to directly or indirectly, acting through one or more persons, own, control, or hold the power to vote at least 25 percent of any class of voting security of the other entity; or(B)  to control in any manner the election of the majority of directors or trustees of the other entity.(4)  "Eligible surplus lines insurer" means an insurer that is not an authorized insurer, but that is eligible under Subchapter B or B-1, in which surplus lines insurance is placed or may be placed under this chapter.(5)  "Home state" means, with respect to an insured:(A)  the state in which the insured maintains the insured's principal residence, if the insured is an individual;(B)  the state in which the insured maintains the insured's principal place of business, if the insured is not an individual;(C)  if 100 percent of the insured risk is located outside of the state in which the insured maintains the insured's principal residence or principal place of business, as applicable, the state to which the greatest percentage of the insured's taxable premium for the insurance contract that covers the risk is allocated; or(D)  for an affiliated group, the home state of the member, as determined under Paragraphs (A)-(C), that has the largest percentage of premium attributed to it under the insurance contract.(6)  "Managing underwriter" means a surplus lines agent or agency that exercises, pursuant to a written agreement with an eligible surplus lines insurer, underwriting authority for the eligible surplus lines insurer and that derives the agent or agency's business from a surplus lines agent.(7)  "Stamping office" means the Surplus Lines Stamping Office of Texas.(8)  "Surplus lines agent" means an agent licensed under Subchapter E to procure an insurance contract from a surplus lines insurer.(9)  "Surplus lines insurance" means insurance coverage  that may be placed, in accordance with this chapter, with an eligible surplus lines insurer or the insurer's managing underwriter.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 837 (H.B. 3410), Sec. 2, eff. January 1, 2012.Acts 2013, 83rd Leg., R.S., Ch. 595 (S.B. 951), Sec. 2, eff. June 14, 2013.Acts 2017, 85th Leg., R.S., Ch. 854 (H.B. 2492), Sec. 2, eff. January 1, 2018.|
TX Ins Code § 981.003 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle I - Surplus Lines Insurers; Companies Not Organized in Texas|Chapter 981 - Surplus Lines Insurance|Subchapter A. General Provisions|Section 981.003. Applicability of Chapter

Sec. 981.003.  APPLICABILITY OF CHAPTER.  This chapter applies to surplus lines insurance if the home state of the insured is this state.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 595 (S.B. 951), Sec. 3, eff. June 14, 2013.|
TX Ins Code § 981.0031 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle I - Surplus Lines Insurers; Companies Not Organized in Texas|Chapter 981 - Surplus Lines Insurance|Subchapter A. General Provisions|Section 981.0031. Exempt Commercial Purchaser Defined

Sec. 981.0031.  EXEMPT COMMERCIAL PURCHASER DEFINED.  (a)  For purposes of this chapter, "exempt commercial purchaser" means a person who purchases commercial insurance and, at the time of placement:(1)  employs or retains a qualified risk manager to negotiate insurance coverage;(2)  has paid aggregate nationwide commercial property and casualty insurance premiums of more than $100,000 in the immediately preceding 12 months; and(3)  meets at least one of the following criteria:(A)  has a net worth of more than $20 million;(B)  generates annual revenue of more than $50 million;(C)  employs more than 500 full-time or full-time equivalent employees per individual insured, or is a member of an affiliated group that employs more than 1,000 employees in aggregate;(D)  is a nonprofit organization or public entity generating annual budgeted expenditures of at least $30 million; or(E)  is a municipality with a population of more than 50,000.(b)  Effective on January 1, 2015, and on every fifth January 1 thereafter, the commissioner shall by order adjust the amounts provided by Subsections (a)(3)(A), (B), and (D) to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor for the five-year period immediately preceding January 1 of the year of the adjustment.|Added by Acts 2013, 83rd Leg., R.S., Ch. 595 (S.B. 951), Sec. 4, eff. June 14, 2013.|
TX Ins Code § 981.0032 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle I - Surplus Lines Insurers; Companies Not Organized in Texas|Chapter 981 - Surplus Lines Insurance|Subchapter A. General Provisions|Section 981.0032. Qualified Risk Manager Defined

Sec. 981.0032.  QUALIFIED RISK MANAGER DEFINED.  For purposes of this chapter, "qualified risk manager" means, with respect to a policyholder of commercial insurance, a person who:(1)  is an employee of, or third-party consultant retained by, a commercial policyholder;(2)  provides skilled services in loss prevention, loss reduction, or risk and insurance coverage analysis and the purchase of insurance; and(3)  satisfies the requirements of one of the following paragraphs:(A)  has:(i)  a bachelor's or higher degree from an accredited college or university in risk management, business administration, finance, economics, or another field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate competence in risk management; and(ii)  either:(a)  at least three years of experience in risk financing, claims administration, loss prevention, risk and insurance analysis, or purchasing of commercial lines of insurance; or(b)  a designation, certification, or license:(1)  as a chartered property casualty underwriter (CPCU), issued by the American Institute for CPCU/Insurance Institute of America;(2)  as an associate in risk management (ARM) issued by the American Institute for CPCU/Insurance Institute of America;(3)  as a Certified Risk Manager (CRM) issued by the National Alliance for Insurance Education and Research;(4)  as a RIMS Fellow (RF) issued by the Global Risk Management Institute; or(5)  that is determined by a state insurance commissioner or other state insurance regulatory official or entity to demonstrate minimum competence in risk management;(B)  has at least seven years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing of commercial lines of insurance and one of the designations, certifications, or licenses described by Paragraph (A)(ii)(b);(C)  has at least 10 years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or(D)  has a graduate degree from an accredited college or university in risk management, business administration, finance, economics, or another field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate competence in risk management.|Added by Acts 2013, 83rd Leg., R.S., Ch. 595 (S.B. 951), Sec. 4, eff. June 14, 2013.|
TX Ins Code § 981.0033 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle I - Surplus Lines Insurers; Companies Not Organized in Texas|Chapter 981 - Surplus Lines Insurance|Subchapter A. General Provisions|Section 981.0033. Industrial Insured Defined

Sec. 981.0033.  INDUSTRIAL INSURED DEFINED.  For purposes of this chapter, "industrial insured" means a person who purchases commercial insurance and, at the time of placement:(1)  employs or retains a qualified risk manager to negotiate insurance coverage; and(2)  either:(A)  has paid aggregate nationwide commercial property and casualty insurance premiums of more than $25,000 in the immediately preceding 12 months; or(B)  employs at least 25 full-time employees.|Added by Acts 2017, 85th Leg., R.S., Ch. 92 (H.B. 1559), Sec. 1, eff. September 1, 2017.|