reglab/housing_qa huggingface dataset:
TX Ins Code § 543.002 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 543 - Prohibited Practices Related to Policy or Certificate of Membership|Subchapter A. Prohibitions|Section 543.002. Contract Expressed in Policy Only

Sec. 543.002.  CONTRACT EXPRESSED IN POLICY ONLY.  An insurer or an agent of an insurer may not make an insurance contract or an agreement relating to an insurance contract other than as expressed in the policy issued in connection with the contract.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 543.003 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 543 - Prohibited Practices Related to Policy or Certificate of Membership|Subchapter A. Prohibitions|Section 543.003. Thing of Value Not Specified in Policy

Sec. 543.003.  THING OF VALUE NOT SPECIFIED IN POLICY.  An insurer or an officer, agent, or representative of an insurer may not:(1)  directly or indirectly pay, allow, or give or offer to pay, allow, or give as an inducement to insurance a thing of value or other inducement that is not specified in the policy, including:(A)  a rebate of premium payable on the policy;(B)  a special favor or advantage in the dividends or other benefits to accrue on the policy;  or(C)  paid employment or a contract for service;  or(2)  give, sell, or purchase or offer to give, sell, or purchase as an inducement to insurance or in connection with insurance a thing of value that is not specified in the policy, including:(A)  stocks, bonds, or other securities of an insurer or other corporation, association, or partnership;  or(B)  dividends or profits to accrue on the stocks, bonds, or other securities of an insurer or other corporation, association, or partnership.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 543.004 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 543 - Prohibited Practices Related to Policy or Certificate of Membership|Subchapter A. Prohibitions|Section 543.004. Sharing of or Participation in Special Fund Prohibited

Sec. 543.004.  SHARING OF OR PARTICIPATION IN SPECIAL FUND PROHIBITED.  An insurer or an officer, agent, or representative of an insurer may not issue a policy that contains a special or board contract or similar provision by the terms of which the policy will share or participate in a special fund derived from a tax or a charge against any portion of the premium on another policy.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 543.051 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 543 - Prohibited Practices Related to Policy or Certificate of Membership|Subchapter B. Enforcement; Penalty|Section 543.051. Suspension or Revocation of Certificate, Charter, Permit, or License

Sec. 543.051.  SUSPENSION OR REVOCATION OF CERTIFICATE, CHARTER, PERMIT, OR LICENSE.  (a)  On a hearing, the commissioner may suspend or revoke the certificate, charter, permit, or license to engage in the business of insurance of A society, association, corporation, or person that violates Subchapter A.(b)  The commissioner must give 10 days' notice of the hearing by certified mail to the society, association, corporation, or person.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 543.052 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 543 - Prohibited Practices Related to Policy or Certificate of Membership|Subchapter B. Enforcement; Penalty|Section 543.052. Criminal Penalty

Sec. 543.052.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Subchapter A.(b)  An offense under this section is a Class A misdemeanor.(c)  The penalty provided by this section is in addition to any other penalty specifically provided by law.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.001 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter A. General Prohibitions Against Discrimination by an Insurer or Health Maintenance Organization|Section 544.001. Applicability of Subchapter

Sec. 544.001.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to:(1)  any legal entity engaged in the business of insurance in this state, including:(A)  a capital stock insurance company;(B)  a mutual insurance company;(C)  a title insurance company;(D)  a fraternal benefit society;(E)  a local mutual aid association;(F)  a statewide mutual assessment company;(G)  a county mutual insurance company;(H)  a Lloyd's plan;(I)  a reciprocal or interinsurance exchange;(J)  a stipulated premium company;(K)  a group hospital service corporation;(L)  a farm mutual insurance company;(M)  a risk retention group;(N)  an eligible surplus lines insurer; and(O)  an agent, broker, or adjuster; and(2)  a health maintenance organization.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 4, eff. September 1, 2021.|
TX Ins Code § 544.002 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter A. General Prohibitions Against Discrimination by an Insurer or Health Maintenance Organization|Section 544.002. Unfair Discrimination

Sec. 544.002.  UNFAIR DISCRIMINATION.  (a)  A person may not refuse to insure or provide coverage to an individual, refuse to continue to insure or provide coverage to an individual, limit the amount, extent, or kind of coverage available for an individual, or charge an individual a rate that is different from the rate charged to other individuals for the same coverage because of the individual's:(1)  race, color, religion, or national origin;(2)  age, gender, marital status, or geographic location;  or(3)  disability or partial disability.(b)  Subsection (a)(2) does not prohibit an insurer or health maintenance organization from considering marital status in defining persons eligible for dependent benefits.(c)  Subsection (a) does not prevent requirements to provide title insurance coverage relating to possible community, homestead, or other marital rights in land.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.003 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter A. General Prohibitions Against Discrimination by an Insurer or Health Maintenance Organization|Section 544.003. Exceptions

Sec. 544.003.  EXCEPTIONS.  (a)  A person does not violate Section 544.002 by providing coverage only to persons who are required to obtain or maintain membership or qualification for membership in a club, group, or organization to be eligible for coverage if:(1)  the requirements are uniform requirements of the insurer or health maintenance organization as a condition of providing coverage and are applied uniformly throughout this state;  and(2)  the person does not engage in an act prohibited under Section 544.002 against a qualified member, except as provided by this section.(b)  A person does not violate Section 544.002(a)(2) or (3) if the refusal, limitation, or charge is based on sound underwriting or actuarial principles reasonably related to actual or anticipated loss experience.  For the purposes of this subsection, a refusal, limitation, or charge relating to title insurance is based on sound actuarial principles if the action is based on an examination of title or on closing the transaction.(c)  A person does not violate Section 544.002 if the refusal, limitation, or charge is required or authorized by law or a regulatory mandate.(d)  A person does not violate Section 544.002 if policyholders or enrollees with similar expense factors but different loss exposures are charged different premiums or rates under a mass marketing plan.  The commissioner by rule shall define selected groups eligible for issuance of policies or evidences of coverage under a mass marketing plan.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.004 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter A. General Prohibitions Against Discrimination by an Insurer or Health Maintenance Organization|Section 544.004. Enforcement Actions

Sec. 544.004.  ENFORCEMENT ACTIONS.  (a)  A health maintenance organization or legal entity engaged in the business of insurance that is found to be in violation of or to have failed to comply with this subchapter is subject to the sanctions provided by Chapter 82 or administrative penalties authorized under Chapter 84.(b)  In addition to the procedures provided by Subsection (a), the commissioner may use the cease and desist procedures authorized by Chapter 83.(c)  It is not a defense to an action of the commissioner under this section that the contract giving rise to the alleged violation was entered into before August 28, 1995.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.012(a), eff. September 1, 2005.|
TX Ins Code § 544.051 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter B. Other General Prohibitions Against Discrimination by Insurers|Section 544.051. Applicability of Subchapter

Sec. 544.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to any individual, corporation, association, partnership, or other legal entity engaged in the business of insurance, including:(1)  a fraternal benefit society;(2)  a county mutual insurance company;(3)  a Lloyd's plan;(4)  a reciprocal or interinsurance exchange;(5)  a farm mutual insurance company; and(6)  an agent, broker, or adjuster.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 5, eff. September 1, 2021.|
TX Ins Code § 544.052 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter B. Other General Prohibitions Against Discrimination by Insurers|Section 544.052. Unfair Discrimination

Sec. 544.052.  UNFAIR DISCRIMINATION.  A person may not in any manner engage in unfair discrimination or permit unfair discrimination between individuals of the same class and of essentially the same hazard, including unfair discrimination in:(1)  the amount of premium, policy fees, or rates charged for a policy or contract of insurance;(2)  the benefits payable under a policy or contract of insurance;  or(3)  any of the terms or conditions of a policy or contract of insurance.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.053 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter B. Other General Prohibitions Against Discrimination by Insurers|Section 544.053. Exceptions

Sec. 544.053.  EXCEPTIONS.  (a)  A person does not violate Section 544.052 if the refusal to insure or to continue to insure, the limiting of the amount, extent, or kind of coverage, or the charging of an individual a rate that is different from the rate charged another individual for the same coverage is based on sound actuarial principles.(b)  A person does not violate Section 544.052 by providing insurance coverage only to persons who are required to obtain or maintain membership or qualification for membership in a club, group, or organization to be eligible for coverage if:(1)  the requirements are uniform requirements of the insurer as a condition of providing insurance and are applied uniformly throughout this state;  and(2)  the person does not engage in an act prohibited under Section 544.052 against a qualified member, except as provided by this section.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.054 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter B. Other General Prohibitions Against Discrimination by Insurers|Section 544.054. Judicial Action; Award by Court

Sec. 544.054.  JUDICIAL ACTION;  AWARD BY COURT.  (a)  A person who has sustained economic damages as the result of a violation of Section 544.052 may maintain only in a Travis County district court an action against the person who violated that section.(b)  An action under this section must be commenced on or before the second anniversary of:(1)  the date on which the plaintiff was denied insurance or the unfair act occurred; or(2)  the date the plaintiff, in the exercise of reasonable diligence, should have discovered the occurrence of the unfair act.(c)  A plaintiff who prevails in an action under this section may obtain:(1)  the amount of economic damages, court costs, and attorney's fees;  and(2)  an order enjoining the violation.(d)  Court costs under Subsection (c) may include any reasonable and necessary expert witness fees.(e)  If the trier of fact finds that the defendant knowingly committed an act prohibited by Section 544.052, the court may award a civil penalty in an amount of not more than $25,000 for each claimant.(f)  The court shall award the defendant reasonable and necessary attorney's fees if the court finds that an action under this section was:(1)  groundless;  and(2)  brought in bad faith or for the purpose of harassment.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.013(a), eff. September 1, 2005.|
TX Ins Code § 544.101 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter C. English Fluency|Section 544.101. Definitions

Sec. 544.101.  DEFINITIONS.  In this subchapter:(1)  "Health benefit plan issuer" means an insurance company, association, organization, group hospital service corporation, or health maintenance organization that delivers or issues for delivery an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an evidence of coverage that provides health insurance or health care benefits.  The term includes:(A)  a life, health, and accident insurance company operating under Chapter 841 or 982;(B)  a general casualty insurance company operating under Chapter 861;(C)  a fraternal benefit society operating under Chapter 885;(D)  a mutual life insurance company operating under Chapter 882;(E)  a local mutual aid association operating under Chapter 886;(F)  a statewide mutual assessment company operating under Chapter 881;(G)  a mutual assessment company or mutual assessment life, health, and accident association operating under Chapter 887;(H)  a mutual insurance company operating under Chapter 883 that writes coverage other than life insurance;(I)  a Lloyd's plan operating under Chapter 941;(J)  a reciprocal exchange operating under Chapter 942;  and(K)  a stipulated premium company operating under Chapter 884.(2)  "Underwriting guideline" means a written, electronic, or oral rule, standard, marketing decision, or practice that is used by a health benefit plan issuer or an agent of a health benefit plan issuer to examine, bind, accept, reject, renew or refuse to renew, cancel, or limit coverages available to classes of consumers or charge a different rate for the same coverage.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.102 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter C. English Fluency|Section 544.102. Applicability of Subchapter

Sec. 544.102.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to any health insurance policy, agreement, contract, or evidence of coverage delivered or issued for delivery by a health benefit plan issuer.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.103 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter C. English Fluency|Section 544.103. Prohibition on Use of Certain Guidelines

Sec. 544.103.  PROHIBITION ON USE OF CERTAIN GUIDELINES.  (a)  A health benefit plan issuer may not use an underwriting guideline that is based on:(1)  the ability of an insured or enrollee or an applicant for insurance coverage or health care benefits to speak English fluently;  or(2)  the literacy in English of the insured, enrollee, or applicant.(b)  An applicant has the burden of proof to establish a violation of this subchapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.151 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter D. Family Violence|Section 544.151. Definition

Sec. 544.151.  DEFINITION.  In this subchapter, "family violence" means an act between individuals who reside together or resided together in which one individual:(1)  wilfully attempts to cause bodily injury, or wilfully or wantonly causes bodily injury, to another;(2)  wilfully by physical threat places another in fear of imminent bodily injury;(3)  engages in the act of sexual intercourse with a minor under 16 years of age who is not the spouse of the individual;  or(4)  engages, with the intent to arouse or to satisfy the sexual desires of the individual, a minor under 16 years of age who is not the spouse of the individual, or both the individual and the minor, in any lewd fondling or touching of the individual or the minor.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.152 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter D. Family Violence|Section 544.152. Applicability of Subchapter

Sec. 544.152.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies only to:(1)  a life insurer that delivers, issues for delivery, or renews a life insurance contract or policy in this state, including a group contract, policy, or certificate of life insurance;  and(2)  a health benefit plan issuer that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including:(A)  an insurance company;(B)  a group hospital service corporation operating under Chapter 842;(C)  a fraternal benefit society operating under Chapter 885;(D)  a stipulated premium company operating under Chapter 884;(E)  a health benefit plan issuer under Chapter 1501;(F)  a health maintenance organization operating under Chapter 843;(G)  an employer under a multiple employer welfare arrangement as defined by Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002), or an analogous benefit arrangement, to the extent permitted by the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);(H)  an issuer of a Medicare supplemental policy as defined by Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);  and(I)  an approved nonprofit health corporation that holds a certificate of authority issued under Chapter 844.(b)  This subchapter does not apply to the issuer of:(1)  a health benefit plan that provides coverage:(A)  only for a specified disease;(B)  only for accidental death or dismemberment;(C)  for wages or payments in lieu of wages for a period during which an employee is absent from work because of sickness or injury;(D)  as a supplement to liability insurance;(E)  only for limited benefits;  or(F)  only for dental or vision care;(2)  hospital confinement indemnity coverage;(3)  a credit insurance policy;(4)  workers' compensation insurance coverage;(5)  medical payment insurance coverage provided under a motor vehicle insurance policy;  or(6)  a long-term care policy, including a nursing home fixed indemnity policy, unless the commissioner determines that the policy provides benefit coverage so comprehensive that the policy is a health benefit plan as described by Subsection (a)(2).|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.153 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter D. Family Violence|Section 544.153. Prohibitions

Sec. 544.153.  PROHIBITIONS.  (a)  A health benefit plan issuer or life insurer may not, because of an individual's status as a victim of family violence:(1)  deny coverage to the individual;(2)  refuse to renew the individual's coverage;(3)  cancel the individual's coverage;(4)  limit the amount, extent, or kind of coverage available to the individual;  or(5)  charge the individual or a group to which the individual belongs a rate that is different from the rate charged to other individuals or groups, respectively, for the same coverage.(b)  A health benefit plan issuer or life insurer may not, as a part of an application for coverage, require an applicant to reveal whether the applicant has been or may become a victim of family violence.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 544.155 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 544 - Prohibited Discrimination|Subchapter D. Family Violence|Section 544.155. Underwriting Criteria

Sec. 544.155.  UNDERWRITING CRITERIA.  Notwithstanding any other provision of this subchapter, a health benefit plan issuer or life insurer may underwrite a risk on the basis of an individual's physical or mental condition regardless of the underlying cause of the condition or on the basis of any underwriting criteria not prohibited by this code or another insurance law of this state or a rule adopted under this code or another insurance law of this state if the issuer or insurer consistently applies the criteria and does not merely use the criteria as a pretext to evade the application of Section 544.153.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|