reglab/housing_qa huggingface dataset:
TX Ins Code § 36.152 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.152. Subpoena Authority

Sec. 36.152.  SUBPOENA AUTHORITY.  (a)  With respect to a matter that the commissioner has authority to consider or investigate, the commissioner may issue a subpoena applicable throughout the state that requires:(1)  the attendance and testimony of a witness;  and(2)  the production of records.(b)  In connection with a subpoena, the commissioner may require attendance and production of records before the commissioner or the commissioner's designee:(1)  at the department's offices in Austin;  or(2)  at another place designated by the commissioner.(c)  In connection with a subpoena, the commissioner or the commissioner's designee may administer an oath, examine a witness, or receive evidence.(d)  The commissioner must personally sign and issue the subpoena.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.001, eff. Sept. 1, 2003.|
TX Ins Code § 36.153 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.153. Service of Subpoena

Sec. 36.153.  SERVICE OF SUBPOENA.  (a)  A subpoena issued by the commissioner may be served, at the discretion of the commissioner, by the commissioner, an authorized agent of the commissioner, a sheriff, or a constable.(b)  The sheriff's or constable's fee for serving the subpoena is the same as the fee paid to the sheriff or constable for similar services.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.154 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.154. Enforcement of Subpoena

Sec. 36.154.  ENFORCEMENT OF SUBPOENA.  (a)  On application of the commissioner in the case of disobedience of a subpoena or the contumacy of a person, a district court may issue an order requiring a person subpoenaed to obey the subpoena, to give evidence, or to produce records if the person has refused to do so.(b)  A court may punish as contempt the failure to obey a court order under Subsection (a).(c)  If the court orders compliance with the subpoena or finds the person in contempt for failure to obey the order, the commissioner, or the attorney general when representing the department, may recover reasonable costs and fees, including attorney's fees and investigative costs incurred in the proceedings.(d)  An application under Subsection (a) must be made in a district court in Travis County or in the county in which the subpoena is served.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.155 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.155. Compensation for Attendance

Sec. 36.155.  COMPENSATION FOR ATTENDANCE.  A person required by subpoena to attend a proceeding before the commissioner or the commissioner's designee is entitled to:(1)  reimbursement for mileage in the same amount for each mile as the mileage travel allowance for a state employee for traveling to or from the place where the person's attendance is required, if the place is more than 25 miles from the person's place of residence;  and(2)  a fee for each day or part of a day the person is required to be present as a witness that is equal to the greater of:(A)  $10;  or(B)  a state employee's per diem travel allowance.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.156 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.156. Out-of-State Materials

Sec. 36.156.  OUT-OF-STATE MATERIALS.  (a)  A person with materials located outside this state that are requested by the commissioner may make the materials available for examination at the place where the materials are located.(b)  The commissioner may designate a representative, including an official of the state in which the materials are located, to examine the materials.(c)  The commissioner may respond to a similar request from an official of another state or of the United States.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.157 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.157. Use as Evidence in Certain Cases

Sec. 36.157.  USE AS EVIDENCE IN CERTAIN CASES.  (a)  This section applies to testimony or records resulting in a case involving an allegation of engaging in the business of insurance without a license.(b)  On certification by the commissioner under official seal, testimony taken or records produced under this subchapter or acquired in response to a request for information under Section 101.104 and held by the department are admissible in evidence in a case without:(1)  prior proof of correctness; and(2)  proof, other than the certificate of the commissioner, that the testimony or records were received from the person testifying or producing the records.(c)  The certified records, or certified copies of the records, are prima facie evidence of the facts disclosed by the records.(d)  This section does not limit any other provision of this subchapter or any law that makes provision for the admission or evidentiary value of certain evidence.|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. 1, eff. September 1, 2021.|
TX Ins Code § 36.158 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.158. Access to Information

Sec. 36.158.  ACCESS TO INFORMATION.  (a)  A record or other evidence acquired under a subpoena under this subchapter or in response to a request for information under Section 101.104 is not a public record for the period the commissioner considers reasonably necessary to:(1)  complete the investigation;(2)  protect the person being investigated from unwarranted injury; or(3)  serve the public interest.(b)  The record or other evidence is not subject to a subpoena, other than a grand jury subpoena, until:(1)  the record or other evidence is released for public inspection by the commissioner;  or(2)  after notice and a hearing, a district court determines that obeying the subpoena would not jeopardize the public interest and any investigation by the commissioner.(c)  Except for good cause, a district court order under Subsection (b) may not apply to:(1)  a record or communication received from another law enforcement or regulatory agency;  or(2)  the internal notes, memoranda, reports, or communications made in connection with a matter that the commissioner has the authority to consider or investigate.|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. 2, eff. September 1, 2021.|
TX Ins Code § 36.159 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.159. Privileged and Confidential Records and Information; Protective Orders

Sec. 36.159.  PRIVILEGED AND CONFIDENTIAL RECORDS AND INFORMATION;  PROTECTIVE ORDERS.  (a)  A record subpoenaed and produced under this subchapter that is otherwise privileged or confidential by law remains privileged or confidential until admitted into evidence in an administrative hearing or a court.(b)  The commissioner may issue a protective order relating to the confidentiality or privilege of a record described by Subsection (a) to restrict the use or distribution of the record:(1)  by a person;  or(2)  in a proceeding other than a proceeding before the commissioner.(c)  Specific information relating to a particular policy or claim is privileged and confidential while in the possession of an insurance company, organization, association, or other entity holding a certificate of authority from the department and may not be disclosed by the entity to another person, except as specifically provided by law.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.160 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.160. Cooperation With Law Enforcement

Sec. 36.160.  COOPERATION WITH LAW ENFORCEMENT.  On request, the commissioner may furnish records or other evidence obtained by subpoena to:(1)  a law enforcement agency of this state, another state, or the United States;  or(2)  a prosecuting attorney of a municipality, county, or judicial district of this state, another state, or the United States.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.161 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.161. Certain Subpoenas Issued to Financial Institutions

Sec. 36.161.  CERTAIN SUBPOENAS ISSUED TO FINANCIAL INSTITUTIONS.  A subpoena issued to a bank or other financial institution as part of a criminal investigation is not subject to Section 30.007, Civil Practice and Remedies Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.162 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter C. General Subpoena Powers; Witnesses and Production of Records|Section 36.162. Effect on Contested Case

Sec. 36.162.  EFFECT ON CONTESTED CASE.  Sections 36.152, 36.156, 36.158, 36.160, and 36.161 do not affect the conduct of a contested case under Chapter 2001, Government Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.201 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter D. Judicial Review|Section 36.201. Action Subject to Judicial Review

Sec. 36.201.  ACTION SUBJECT TO JUDICIAL REVIEW.  An action of the commissioner subject to judicial review under this subchapter includes a decision, order, rate, rule, form, or administrative or other ruling of the commissioner.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.2015 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter D. Judicial Review|Section 36.2015. Actions Under Title 5, Labor Code

Sec. 36.2015.  ACTIONS UNDER TITLE 5, LABOR CODE.  Notwithstanding Section 36.201, a decision, order, form, or administrative or other rule of the commissioner of workers' compensation under Title 5, Labor Code, or a rule adopted by the commissioner of insurance under Title 5, Labor Code, is subject to judicial review as provided by Title 5, Labor Code.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.056, eff. September 1, 2005.|
TX Ins Code § 36.202 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter D. Judicial Review|Section 36.202. Petition for Judicial Review

Sec. 36.202.  PETITION FOR JUDICIAL REVIEW.  (a)  After failing to get relief from the commissioner, any insurance company or other party at interest who is dissatisfied with an action of the commissioner may file a petition for judicial review against the commissioner as defendant.(b)  The petition must state the particular objection to the action and may be filed only in a district court in Travis County.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.203 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter D. Judicial Review|Section 36.203. Judicial Review

Sec. 36.203.  JUDICIAL REVIEW.  Judicial review of the action is under the substantial evidence rule and shall be conducted under Chapter 2001, Government Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.204 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter D. Judicial Review|Section 36.204. Action Not Vacated

Sec. 36.204.  ACTION NOT VACATED.  (a)  The filing of a petition for judicial review of an action under this subchapter does not vacate the action.(b)  After notice and hearing, the court may vacate the action if the court finds it would serve the interest of justice to do so.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.205 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter D. Judicial Review|Section 36.205. Appeal

Sec. 36.205.  APPEAL.  (a)  A party to the action under Section 36.202 may appeal to an appellate court that has jurisdiction, and the appeal is at once returnable to that court.(b)  An appeal under this section has precedence in the appellate court over any cause of a different character pending in the court.(c)  The commissioner is not required to give an appeal bond in an appeal arising under this subchapter.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 36.251 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter E. Investigation Files|Section 36.251. Definition

Sec. 36.251.  DEFINITION.  In this subchapter, "investigation file" means any information collected, assembled, or maintained by or on behalf of the department with respect to an investigation conducted under this code or other law.  The term does not include information or material acquired by the department that is:(1)  relevant to an investigation by the insurance fraud unit; and(2)  subject to Section 701.151.|Added by Acts 2009, 81st Leg., R.S., Ch. 1039 (H.B. 4461), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 36.252 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter E. Investigation Files|Section 36.252. Investigation Files Confidential

Sec. 36.252.  INVESTIGATION FILES CONFIDENTIAL.  (a)  Information or material acquired by the department that is relevant to an investigation is not a public record for the period that the department determines is relevant to further or complete an investigation.(b)  Investigation files are not open records for purposes of Chapter 552, Government Code, except as specified herein.|Added by Acts 2009, 81st Leg., R.S., Ch. 1039 (H.B. 4461), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 36.253 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 36 - Department Rules and Procedures|Subchapter E. Investigation Files|Section 36.253. Disclosure of Certain Information Not Required

Sec. 36.253.  DISCLOSURE OF CERTAIN INFORMATION NOT REQUIRED.  The department is not required to disclose under this subchapter:(1)  information that is:(A)  an attorney-client communication; or(B)  an attorney work product; or(2)  other information protected by a recognized privilege, a statute, an administrative rule, the Texas Rules of Civil Procedure, or the Texas Rules of Evidence.|Added by Acts 2009, 81st Leg., R.S., Ch. 1039 (H.B. 4461), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 37.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 37 - Ratemaking and Policy Form Proceedings|Subchapter A. General Provisions|Section 37.001. Certain Proceedings Relating to Ratemaking and Policy Forms; Rules

Sec. 37.001.  CERTAIN PROCEEDINGS RELATING TO RATEMAKING AND POLICY FORMS;  RULES.  (a)  The commissioner shall adopt rules governing proceedings necessary to approve or promulgate rates, policy forms, or policy form endorsements under this code or another insurance law of this state.(b)  The commissioner shall conduct the proceedings in accordance with the rules adopted under this section.(c)  Rules adopted under this section must comply with this code and any other insurance law of this state and must be adopted in accordance with Chapter 2001, Government Code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 37.051 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 37 - Ratemaking and Policy Form Proceedings|Subchapter B. Certain Proceedings Relating to Rates|Section 37.051. Streamlined Procedures

Sec. 37.051.  STREAMLINED PROCEDURES.  (a)  The department shall study and the commissioner may adopt and implement procedures for streamlining insurance rate proceedings under this code or another insurance law of this state.  The procedures must ensure due process to each affected party.(b)  The commissioner shall consider this section in adopting rules under Section 37.001.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.|
TX Ins Code § 37.052 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 37 - Ratemaking and Policy Form Proceedings|Subchapter B. Certain Proceedings Relating to Rates|Section 37.052. Role of Department

Sec. 37.052.  ROLE OF DEPARTMENT.  (a)  The application of this section is subject to Chapter 40.(b)  The commissioner may designate the general counsel or an assistant general counsel to serve as a hearings officer in a proceeding in which insurance rates are set or in a prehearing proceeding.  The commissioner must make the final decision relating to the rates to be set.(c)  The department shall provide evidence in proceedings before the commissioner or the designated hearings officer that promotes the adoption of fair and reasonable rates for underserved areas to promote access to full insurance coverage for those areas.(d)  The department may appear as a matter of right as a party, present evidence, or question a witness in a proceeding before the commissioner or the designated hearings officer in which insurance rates are set under this code.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1071, Sec. 6, eff. Sept. 1, 2001.|
TX Ins Code § 37.053 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 37 - Ratemaking and Policy Form Proceedings|Subchapter B. Certain Proceedings Relating to Rates|Section 37.053. Effectiveness of Rate During Appeal

Sec. 37.053.  EFFECTIVENESS OF RATE DURING APPEAL.  (a)  An order of the commissioner that determines, approves, or sets a rate under this code and that is appealed remains in effect during the pendency of the appeal.  An insurer shall use the rate provided in the order while the appeal is pending.(b)  The rate is lawful and valid during the appeal, and an insurer may not be required to make any refund from that rate after a decision on the appeal is rendered.(c)  If the order is vacated on appeal, the rate established by the commissioner before the vacated order was rendered remains in effect from the date of remand until the commissioner makes a further determination.  The commissioner shall consider the court's order in setting a future rate.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 12, eff. April 1, 2005.|
TX Ins Code § 38.001 (2021)
2021 Texas Statutes|Insurance Code|Title 2 - Texas Department of Insurance|Subtitle A - Administration of the Texas Department of Insurance|Chapter 38 - Data Collection and Reports|Subchapter A. General Provisions|Section 38.001. Inquiries

Sec. 38.001.  INQUIRIES.  (a)  In this section, "authorization" means a permit, certificate of registration, or other authorization issued or existing under this code.(b)  The department may address a reasonable inquiry to any insurance company, including a Lloyd's plan or reciprocal or interinsurance exchange, or an agent or other holder of an authorization relating to:(1)  the person's business condition; or(2)  any matter connected with the person's transactions that the department considers necessary for the public good or for the proper discharge of the department's duties.(c)  A person receiving an inquiry under Subsection (b) shall respond to the inquiry in writing not later than the 15th day after the date the inquiry is received.  If the department receives written notice from the person that additional time is required to respond to the inquiry, the department shall grant a 10-day extension of the time to respond to the inquiry.(d)  A response made under this section that is otherwise privileged or confidential by law remains privileged or confidential until introduced into evidence at an administrative hearing or in a court.(e)  The department shall maintain a record of all inquiries made by the department under this section.|Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 1295 (H.B. 2614), Sec. 1, eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 398 (S.B. 183), Sec. 1, eff. September 1, 2013.|