reglab/housing_qa huggingface dataset:
TX Ins Code § 224.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 224 - Reciprocal and Interinsurance Exchange Premium Tax|Section 224.001. Applicability of Chapter

Sec. 224.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a reciprocal or interinsurance exchange that has a certificate of authority to engage in business in this state.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 224.002 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 224 - Reciprocal and Interinsurance Exchange Premium Tax|Section 224.002. Tax Imposed; Rate

Sec. 224.002.  TAX IMPOSED;  RATE.  (a)  An annual tax is imposed on each reciprocal or interinsurance exchange that:(1)  does not file an election to be subject to the tax imposed by Chapter 221 in accordance with Section 224.003;  or(2)  withdraws that election.(b)  The rate of the tax is 1.7 percent of the reciprocal or interinsurance exchange's gross premium receipts.(c)  A reciprocal or interinsurance exchange that is subject to the tax imposed by this chapter is not subject to the tax imposed by Chapter 221.(d)  Except as provided by Subsection (b), Chapter 221 applies to the imposition, computation, and administration of the tax imposed by this chapter in the same manner that Chapter 221 applies to the tax imposed by that chapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 224.003 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 224 - Reciprocal and Interinsurance Exchange Premium Tax|Section 224.003. Taxation Election

Sec. 224.003.  TAXATION ELECTION.  (a)  A reciprocal or interinsurance exchange may elect to be subject to the tax imposed by Chapter 221.(b)  A reciprocal or interinsurance exchange that elects to be subject to the tax imposed by Chapter 221 must file with the comptroller on a form prescribed by the comptroller a written statement that the exchange has elected to be subject to that tax.  The exchange must file the form not later than the 31st day before the date on which the tax year for which the election is to be effective begins.(c)  A reciprocal or interinsurance exchange that elects to be subject to the tax imposed by Chapter 221 continues to be subject to that tax for each tax year until the exchange withdraws the election under Subsection (d).(d)  A reciprocal or interinsurance exchange may withdraw an election made under Subsection (b) by filing with the comptroller written notice of the withdrawal.  The exchange must file the notice not later than the 31st day before the date on which the tax year for which the withdrawal is to be effective begins.(e)  A reciprocal or interinsurance exchange that elects to be subject to the tax imposed by Chapter 221 is not subject to the tax imposed by Section 224.002.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.001. Definitions

Sec. 225.001.  DEFINITIONS.  In this chapter:(1)  "Affiliate" means, with respect to an insured, 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 affiliated entity:(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 affiliated entity; or(B)  to control in any manner the election of the majority of directors or trustees of the affiliated entity.(4)  "Home state" means:(A)  for an insured that is not an affiliated group described by Paragraph (B):(i)  the state in which the insured maintains the insured's principal residence, if the insured is an individual;(ii)  the state in which an insured that is not an individual maintains its principal place of business; or(iii)  if 100 percent of the insured risk is located outside of the state in which the insured maintains the insured's principal residence or maintains the insured's principal place of business, as applicable, the state to which the largest percentage of the insured's taxable premium for the insurance contract that covers the risk is allocated; or(B)  for an affiliated group with respect to which more than one member is a named insured on a single insurance contract subject to this chapter, the home state of the member, as determined under Paragraph (A), that has the largest percentage of premium attributed to it under the insurance contract.(5)  "Premium" means any payment made in consideration for insurance and includes:(A)  a premium;(B)  premium deposits;(C)  a membership fee;(D)  a registration fee;(E)  an assessment;(F)  dues; and(G)  any other compensation given in consideration for surplus lines insurance.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 18.02, eff. September 28, 2011.|
TX Ins Code § 225.002 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.002. Applicability of Chapter

Sec. 225.002.  APPLICABILITY OF CHAPTER.  This chapter applies to a surplus lines agent who collects gross premiums for surplus lines insurance for any risk in which this state is the home state of the insured.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 18.03, eff. September 28, 2011.|
TX Ins Code § 225.003 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.003. Applicability of General Provisions of Other Law

Sec. 225.003.  APPLICABILITY OF GENERAL PROVISIONS OF OTHER LAW.  The provisions of Chapter 981, including provisions relating to the applicability and enforcement of that chapter, rulemaking authority under that chapter, and definitions of terms applicable in that chapter, apply to this chapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.004 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.004. Tax Imposed; Rate

Sec. 225.004.  TAX IMPOSED;  RATE.  (a)  A tax is imposed on gross premiums for surplus lines insurance.  The rate of the tax is 4.85 percent of the gross premiums.(a-1)  Consistent with 15 U.S.C. Section 8201 et seq., this state may not impose a premium tax on nonadmitted insurance premiums other than premiums paid for insurance in which this state is the home state of the insured.(b)  Taxable gross premiums under this section are based on gross premiums written or received for surplus lines insurance placed through an eligible surplus lines insurer during a calendar year.  Notwithstanding the tax basis described by this subsection, the comptroller by rule may establish an alternate basis for taxation for multistate and single-state policies for the purpose of achieving uniformity.(c)  If a surplus lines insurance policy covers risks or exposures only partially located in this state, and this state has not entered into a cooperative agreement, reciprocal agreement, or compact with another state for the collection of surplus lines tax as authorized by Chapter 229, the tax is computed on the entire policy premium for any policy in which this state is the home state of the insured.(d)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 18.11(1), eff. September 28, 2011.(d-1)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 18.11(1), eff. September 28, 2011.(e)  Premiums on risks or exposures that are properly allocated to federal or international waters or are under the jurisdiction of a foreign government are not taxable in this state.(f)  If this state enters a cooperative agreement, reciprocal agreement, or compact with another state for the allocation of surplus lines tax as authorized by Chapter 229, taxes due on multistate policies shall be allocated and reported in accordance with the agreement or compact.(g)  Premiums on risks or exposures under ocean marine insurance coverage of stored or in-transit baled cotton for export are not subject to the tax imposed by this chapter.|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. 4, eff. June 15, 2007.Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 18.04, eff. September 28, 2011.Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 18.11(1), eff. September 28, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1043 (H.B. 2972), Sec. 1, eff. January 1, 2014.|
TX Ins Code § 225.005 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.005. Tax Exclusive

Sec. 225.005.  TAX EXCLUSIVE.  The tax imposed by this chapter is a transaction tax collected by the surplus lines agent of record and is in lieu of any other transaction taxes on these premiums.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 18.05, eff. September 28, 2011.|
TX Ins Code § 225.006 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.006. Collection of Tax by Agent

Sec. 225.006.  COLLECTION OF TAX BY AGENT.  (a) Except as otherwise provided by this section, the surplus lines agent shall collect from the insured the tax imposed by this chapter at the time of delivery of the cover note, certificate of insurance, policy, or other initial confirmation of insurance and the full amount of the gross premium charged by the eligible surplus lines insurer for the insurance.(b)  Subject to Subsection (c) and notwithstanding any other law, if a surplus lines agent places an insurance policy with a managing underwriter, as defined by Section 981.002, the managing underwriter shall collect, report, and pay the tax imposed by this chapter.(c)  A surplus lines agent and a managing underwriter may enter into an agreement to provide that the surplus lines agent is responsible for filing, reporting, collection, payment, and all other requirements imposed by this chapter and Chapter 981, including the requirement to pay the tax and file the tax report imposed by this chapter. An agreement under this subsection must be in writing and must be entered into at or before the time coverage is bound under the policy. The agreement may apply to multiple policies or all policies between a surplus lines agent and a managing underwriter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 837 (H.B. 3410), Sec. 1, eff. January 1, 2012.Acts 2013, 83rd Leg., R.S., Ch. 920 (H.B. 1405), Sec. 1, eff. January 1, 2014.|
TX Ins Code § 225.007 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.007. Collected Taxes Held in Trust

Sec. 225.007.  COLLECTED TAXES HELD IN TRUST.  A surplus lines agent holds taxes collected under this chapter in trust.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.008 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.008. Tax Payment, Report, and Due Date

Sec. 225.008.  TAX PAYMENT, REPORT, AND DUE DATE.  (a)  The tax imposed by this chapter is due and payable on or before March 1.  A surplus lines agent shall file a tax report with the tax payment.(b)  A surplus lines agent shall pay the tax imposed by this chapter and file the report using forms prescribed by the comptroller.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.009 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.009. Prepayment of Tax

Sec. 225.009.  PREPAYMENT OF TAX.  (a)  A surplus lines agent shall prepay the tax imposed by this chapter when the amount of the accrued taxes due is equal to at least $70,000.(b)  A surplus lines agent shall prepay the taxes using a form prescribed by the comptroller.  The prepayment is due on or before the 15th day of the month following the month in which the amount of taxes described by this section accrues.(c)  The comptroller by rule may change the accrued tax amount for which prepayment is required under Subsection (a) and the prepayment deadline under Subsection (b).(d)  Notwithstanding Subsections (a), (b), and (c), if this state enters a cooperative agreement, reciprocal agreement, or compact with another state for the allocation of surplus lines tax as authorized by Chapter 229, the tax shall be allocated and reported in accordance with the terms of the agreement or compact.|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. 5, eff. June 15, 2007.Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 18.06, eff. September 28, 2011.|
TX Ins Code § 225.010 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.010. Tax Absorption and Rebates Prohibited

Sec. 225.010.  TAX ABSORPTION AND REBATES PROHIBITED.  (a)  A surplus lines agent may not absorb the tax imposed by this chapter.(b)  A surplus lines agent may not rebate all or part of the tax or the agent's commission as an inducement for insurance or for any other reason.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.011 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.011. Canceled or Rewritten Insurance Contract

Sec. 225.011.  CANCELED OR REWRITTEN INSURANCE CONTRACT.  If a surplus lines insurance contract is canceled and rewritten, the additional premium for purposes of the tax imposed by this chapter is the premium amount that exceeds the unearned premium of the canceled contract.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.012 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.012. State as Preferred Creditor

Sec. 225.012.  STATE AS PREFERRED CREDITOR.  If the property of a surplus lines agent is seized as the result of an intermediate or final decision of a court in this state, or if the business of a surplus lines agent is suspended by the action of a creditor or turned over to an assignee, receiver, or trustee, the tax imposed by this chapter and penalties due the state from the agent are preferred claims and the state is a preferred creditor and must be paid in full.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.013 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.013. Failure to Pay Taxes; Criminal Penalty

Sec. 225.013.  FAILURE TO PAY TAXES;  CRIMINAL PENALTY.  (a)  A surplus lines agent who does not pay the tax imposed by this chapter on or before the due date required by this chapter or who fraudulently withholds, appropriates, or otherwise uses any portion of the tax commits the offense of theft, regardless of whether the surplus lines agent has or claims an interest in the tax.(b)  An offense under this section is punishable as provided by law.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 225.014 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 225 - Surplus Lines Insurance Premium Tax|Section 225.014. Limitation on Rulemaking

Sec. 225.014.  LIMITATION ON RULEMAKING.  In adopting rules under this chapter, the comptroller may not adopt a rule that exceeds the requirements of this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 932 (H.B. 3315), Sec. 6, eff. June 15, 2007.|
TX Ins Code § 227.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 227 - Disposition of Proceeds of Certain Premium Taxes|Section 227.001. Disposition of Tax Proceeds

Sec. 227.001.  DISPOSITION OF TAX PROCEEDS.  (a)  The proceeds of the taxes imposed under Chapter 221, 222, 224, or 226 shall be deposited to the credit of the general revenue fund.(b)  An amount equal to one-fourth of the proceeds deposited under Subsection (a) shall be transferred to the credit of the foundation school fund.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 229.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle B - Insurance Premium Taxes|Chapter 229 - Cooperative Agreements With Other States|Section 229.001. Definitions

Sec. 229.001.  DEFINITIONS.  In this chapter:(1)  "Agent" includes:(A)  a surplus lines agent, as defined by Section 981.002;(B)  a person licensed as a surplus lines agent by another state; and(C)  any other person who performs the acts of an agent, whether through an oral, written, electronic, or other form of communication, by soliciting, negotiating, procuring, or collecting a premium on an insurance contract.(2)  "Insurer" has the meaning assigned by Section 101.002 and includes:(A)  an insurer that does not hold a certificate of authority in this state;(B)  an eligible surplus lines insurer; and(C)  an insurer that holds a certificate of authority in this state but performs acts outside the scope of its authority under the certificate.(3)  "Premium" includes:(A)  any consideration for insurance, including:(i)  a premium;(ii)  a membership fee;(iii)  an assessment; and(iv)  dues; or(B)  any other meaning of the term adopted in a cooperative agreement.(4)  "Processing entity" means a processing center or clearinghouse established under a cooperative agreement.(5)  "Stamping office" means the Surplus Lines Stamping Office of Texas or similar stamping offices in other states.|Added by Acts 2007, 80th Leg., R.S., Ch. 932 (H.B. 3315), Sec. 11, eff. June 15, 2007.Renumbered from Insurance Code, Section 228.001 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(60), eff. September 1, 2009.|
TX Ins Code § 251.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle C - Insurance Maintenance Taxes|Chapter 251 - General Provisions|Section 251.001. Determining Rate of Assessment

Sec. 251.001.  DETERMINING RATE OF ASSESSMENT.  (a)  The commissioner shall annually determine the rate of assessment of each maintenance tax imposed under this subtitle.(b)  In determining the rate of assessment, the commissioner shall consider the requirement to reimburse the appropriate portion of the general revenue fund under Section 201.052.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 251.002 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle C - Insurance Maintenance Taxes|Chapter 251 - General Provisions|Section 251.002. Duty to Advise Comptroller of Rate

Sec. 251.002.  DUTY TO ADVISE COMPTROLLER OF RATE.  The commissioner shall advise the comptroller of the applicable rate of assessment of a maintenance tax not later than the 45th day before the due date of the tax report for the period for which that tax is due.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 251.003 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle C - Insurance Maintenance Taxes|Chapter 251 - General Provisions|Section 251.003. Effect of Late Advisement of Rate

Sec. 251.003.  EFFECT OF LATE ADVISEMENT OF RATE.  (a)  Except as provided by Subsection (b), if the commissioner does not advise the comptroller of the applicable rate of assessment of a maintenance tax by the date required by Section 251.002, the rate of assessment is the rate applied in the previous tax period.(b)  If the commissioner advises the comptroller of the applicable rate of assessment of a maintenance tax after the tax has been assessed, the comptroller shall:(1)  advise each taxpayer in writing of the amount of any additional taxes due;  or(2)  refund any excess taxes paid.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|
TX Ins Code § 251.004 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle C - Insurance Maintenance Taxes|Chapter 251 - General Provisions|Section 251.004. Deposit of Maintenance Taxes

Sec. 251.004.  DEPOSIT OF MAINTENANCE TAXES.  (a)  Except as provided by Subsection (b), maintenance taxes collected under this subtitle shall be deposited in the general revenue fund and reallocated to the Texas Department of Insurance operating account.(b)  Each state fiscal year, the comptroller shall reallocate to the floodplain management account established under Section 16.453, Water Code, the first $3.05 million of the maintenance taxes collected under Chapter 252 and deposited in the general revenue fund.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 1, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 3.02, eff. June 13, 2019.|
TX Ins Code § 252.001 (2021)
2021 Texas Statutes|Insurance Code|Title 3 - Department Funds, Fees, and Taxes|Subtitle C - Insurance Maintenance Taxes|Chapter 252 - Fire and Allied Lines Insurance|Section 252.001. Maintenance Tax Imposed

Sec. 252.001.  MAINTENANCE TAX IMPOSED.  A maintenance tax is imposed on each authorized insurer with gross premiums subject to taxation under Section 252.003.  The tax required by this chapter is in addition to other taxes imposed that are not in conflict with this chapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.|