reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Health Coverage Awareness and Education Program › Section 524.004. Task Force

Sec. 524.004.  TASK FORCE.  (a)  The commissioner shall appoint a task force to make recommendations regarding the health coverage public awareness and education program.  The task force is composed of:
(1)  one representative from each of the following groups or entities:
(A)  health benefit coverage consumers;
(B)  small employers;
(C)  employers generally;
(D)  insurance agents;
(E)  the office of public insurance counsel;
(F)  the Texas Health Insurance Risk Pool;
(G)  physicians;
(H)  advanced practice nurses;
(I)  hospital trade associations; and
(J)  medical units of institutions of higher education;
(2)  a representative of the Health and Human Services Commission responsible for programs under Medicaid and the children's health insurance program; and
(3)  one or more representatives of health benefit plan issuers.
(b)  The department shall consult the task force regarding the content for the public service announcements, Internet website, and educational materials required by this chapter.  The commissioner has authority to make final decisions as to what the program's materials will contain.
Added by Acts 2005, 79th Leg., Ch. 688 (S.B. 261), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Health Coverage Awareness and Education Program › Section 524.005. Funding

Sec. 524.005.  FUNDING.  The department may accept gifts and grants from any party, including a health benefit plan issuer or a foundation associated with a health benefit plan issuer, to assist with funding the program.  The department shall adopt rules governing acceptance of donations that are consistent with Chapter 575, Government Code.  Before adopting rules under this subsection, the department shall:
(1)  submit the proposed rules to the Texas Ethics Commission for review; and
(2)  consider the commission's recommendations regarding the regulations.
Added by Acts 2005, 79th Leg., Ch. 688 (S.B. 261), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter A. General Provisions › Section 524.001. Definitions

Sec. 524.001.  DEFINITIONS.  In this chapter:
(1)  "Division" means the division of the department that administers the TexLink to Health Coverage Program.
(2)  "Program" means the TexLink to Health Coverage Program established in accordance with this chapter.
Added by Acts 2005, 79th Leg., Ch. 688 (S.B. 261), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter A. General Provisions › Section 524.002. Division Responsibilities

Sec. 524.002.  DIVISION RESPONSIBILITIES.  Under the direction of the commissioner, the division implements this chapter.
Added by Acts 2005, 79th Leg., Ch. 688 (S.B. 261), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter A. General Provisions › Section 524.003. Texlink to Health Coverage Program Established

Sec. 524.003.  TEXLINK TO HEALTH COVERAGE PROGRAM ESTABLISHED.  (a)  The department shall develop and implement a health coverage program that complies with this chapter.  The program must:
(1)  educate the public about the importance and value of health coverage;
(2)  promote personal responsibility for health care through the purchase of health coverage;
(3)  assist small employers, individuals, and others seeking to purchase health coverage with technical information necessary to understand available health insurance coverage;
(4)  promote and facilitate the development and availability of new health coverage options;
(5)  increase public awareness of health coverage options available in this state; and
(6)  provide information on health coverage options, including health savings accounts and compatible high deductible health benefit plans.
(b)  The program must include a public awareness and education component.
Added by Acts 2005, 79th Leg., Ch. 688 (S.B. 261), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.051. Information About Specific Health Benefit Plan Issuers

Sec. 524.051.  INFORMATION ABOUT SPECIFIC HEALTH BENEFIT PLAN ISSUERS.  In materials produced for the program, the division may include information about specific health benefit plan issuers but may not favor or endorse one particular issuer over another.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.052. Public Service Announcements

Sec. 524.052.  PUBLIC SERVICE ANNOUNCEMENTS.  The division shall develop and make public service announcements to educate consumers and employers about the availability of health coverage in this state.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.053. Internet Website; Printed Materials; Newsletter

Sec. 524.053.  INTERNET WEBSITE; PRINTED MATERIALS; NEWSLETTER.  (a)  The division shall develop an Internet website and printed materials designed to educate small employers, individuals, and others seeking to purchase health coverage about health coverage in accordance with Section 524.003(a), including information about health savings accounts and compatible high deductible health benefit plans.
(b)  The division shall make the printed materials produced under the program available to small employers, individuals, and others seeking to purchase health coverage.  The division may:
(1)  distribute the printed materials through facilities such as libraries, health care facilities, and schools as well as other venues the division selects; and
(2)  use other distribution methods the division selects.
(c)  The division may produce a newsletter to provide updated information about health coverage to subscribers who elect to receive the newsletter.  The division may:
(1)  produce a newsletter under this subsection for small employers, for individuals, or for other purchasers of health coverage;
(2)  distribute the newsletter on a monthly, quarterly, or other basis; and
(3)  distribute the newsletter as a printed document or electronically.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.054. Toll-Free Telephone Hotline; Access to Information

Sec. 524.054.  TOLL-FREE TELEPHONE HOTLINE; ACCESS TO INFORMATION.  (a)  The division may operate a toll-free telephone hotline to respond to inquiries and provide information and technical assistance concerning health insurance coverage.
(b)  The Health and Human Services Commission, through its 2-1-1 telephone number for access to human services, may disseminate information regarding health insurance coverage provided to the commission by the department and may refer inquiries regarding health insurance coverage to the toll-free telephone hotline.  The department may provide information to the Health and Human Services Commission as necessary to implement this subsection.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.055. Education for High School Students

Sec. 524.055.  EDUCATION FOR HIGH SCHOOL STUDENTS.  (a)  The division may develop educational materials and a curriculum to be used in high school classes that educate students about:
(1)  the importance and value of health coverage;
(2)  comparing health benefit plans; and
(3)  understanding basic provisions contained in health benefit plans.
(b)  The division may consult with the Texas Education Agency in developing educational materials and a curriculum under this section.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.056. Health Coverage Fairs

Sec. 524.056.  HEALTH COVERAGE FAIRS.  (a)  The division may conduct health coverage fairs to provide small employers, individuals, and others seeking to purchase health coverage the opportunity to obtain information about health coverage from division employees and from health benefit plan issuers and agents that elect to participate.
(b)  The division shall seek to obtain funding for health coverage fairs conducted under this section through gifts and grants obtained in accordance with Subchapter C.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.057. Community Events

Sec. 524.057.  COMMUNITY EVENTS.  The division may participate in events held in this state to promote awareness of the importance and value of health coverage and to educate small employers, individuals, and others seeking to purchase health coverage about health coverage in accordance with Section 524.003(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.058. Health Coverage Provided Through Colleges and Universities

Sec. 524.058.  HEALTH COVERAGE PROVIDED THROUGH COLLEGES AND UNIVERSITIES.  The division may cooperate with a public or private college or university to promote enrollment in health coverage programs sponsored by or through the college or university.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.059. Support for Community-Based Projects

Sec. 524.059.  SUPPORT FOR COMMUNITY-BASED PROJECTS.  The division may provide support and assistance to individuals and organizations seeking to develop community-based health coverage plans for uninsured individuals.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.060. Other Education

Sec. 524.060. OTHER EDUCATION.  The division may provide other appropriate education to the public regarding health coverage and the importance and value of health coverage in accordance with Section 524.003(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.062. Federal Tax "Tool Kit" for Certain Businesses

Sec. 524.062.  FEDERAL TAX "TOOL KIT" FOR CERTAIN BUSINESSES.  The department may:
(1)  produce materials that:
(A)  provide step-by-step instructions for a small employer or single-employee business that is obtaining health coverage for the benefit of the employer or business and the employees of the business; and
(B)  are designed to allow the employer or business to obtain the coverage in a manner that qualifies for favorable treatment under federal tax laws; and
(2)  make department staff available to assist small employers and single-employee businesses that are obtaining health coverage as described by Subdivision (1).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.063. Assistance for Small Employers and Single-Employee Businesses

Sec. 524.063.  ASSISTANCE FOR SMALL EMPLOYERS AND SINGLE-EMPLOYEE BUSINESSES.  The department may train staff concerning available health coverage options for small employers and single-employee businesses to:
(1)  respond to telephone inquiries from small employers and single-employee businesses; and
(2)  speak at events to provide information about health coverage options for small employers and single-employee businesses and about the importance and value of health coverage.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter B. Public Awareness and Education › Section 524.064. Accountant

Sec. 524.064.  ACCOUNTANT.  The department may employ an accountant with experience in federal tax law and the purchase of group health coverage as necessary to implement this chapter.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 524 - Texlink to Health Coverage Program › Subchapter C. Funding › Section 524.101. Funding

Sec. 524.101.  FUNDING.  The department may accept gifts and grants from any party, including a health benefit plan issuer or a foundation associated with a health benefit plan issuer, to assist with funding the program.  The department shall adopt rules governing acceptance of donations that are consistent with Chapter 575, Government Code.  Before adopting rules under this section, the department shall:
(1)  submit the proposed rules to the Texas Ethics Commission for review; and
(2)  consider the commission's recommendations regarding the regulations.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 721 (S.B. 78), Sec. 1.01, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 525 - Delivery of Insurance Policies › Section 525.001. Applicability of Chapter

Sec. 525.001.  APPLICABILITY OF CHAPTER.  This chapter applies to:
(1)  an insurer, as defined by Section 2301.051, writing personal automobile insurance or residential property insurance, as defined by Section 2301.051, in this state;
(2)  the Texas Windstorm Insurance Association;
(3)  the FAIR Plan Association; and
(4)  the Texas Automobile Insurance Plan Association.
Added by Acts 2015, 84th Leg., R.S., Ch. 254 (S.B. 956), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 525 - Delivery of Insurance Policies › Section 525.002. Delivery of Insurance Policies

Sec. 525.002.  DELIVERY OF INSURANCE POLICIES.  (a)  Except as provided by Subsection (b), an insurer to whom this chapter applies shall deliver a policy issued by the insurer to the policyholder, or to the insurer's agent for delivery to the policyholder:
(1)  not later than:
(A)  the 30th day after the effective date of the policy if the policy term is more than 30 days; or
(B)  the 10th day after the effective date of the policy if the policy term is more than 10 days and less than 31 days; or
(2)  within the policy period for a policy with a term of 10 days or less.
(b)  An insurer to whom this chapter applies shall deliver a policy renewed or amended by the insurer to the policyholder, or to the insurer's agent for delivery to the policyholder, not later than the 15th day after the date the insurer or insurer's agent receives a written request from the policyholder that the policy be delivered to the policyholder.
Added by Acts 2015, 84th Leg., R.S., Ch. 254 (S.B. 956), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle B - Consumer Service Provisions › Chapter 525 - Delivery of Insurance Policies › Section 525.003. Rulemaking Authority

Sec. 525.003.  RULEMAKING AUTHORITY.  The commissioner may adopt rules to implement this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 254 (S.B. 956), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.001. Purpose

Sec. 541.001.  PURPOSE.  The purpose of this chapter is to regulate trade practices in the business of insurance by:
(1)  defining or providing for the determination of trade practices in this state that are unfair methods of competition or unfair or deceptive acts or practices;  and
(2)  prohibiting those trade practices.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.002. Definitions

Sec. 541.002.  DEFINITIONS.  In this chapter:
(1)  "Knowingly" means actual awareness of the falsity, unfairness, or deceptiveness of the act or practice on which a claim for damages under Subchapter D is based.  Actual awareness may be inferred if objective manifestations indicate that a person acted with actual awareness.
(2)  "Person" means an individual, corporation, association, partnership, reciprocal or interinsurance exchange, Lloyd's plan, fraternal benefit society, or other legal entity engaged in the business of insurance, including 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. 3, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.003. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Prohibited

Sec. 541.003.  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES PROHIBITED.  A person may not engage in this state in a trade practice that is defined in this chapter as or determined under this chapter to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.004. Venue for Actions Involving Department or Commissioner

Sec. 541.004.  VENUE FOR ACTIONS INVOLVING DEPARTMENT OR COMMISSIONER.  An action under this chapter in which the department or commissioner is a party must be brought in a district court in Travis County.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.005. Applicability to Risk Retention or Purchasing Group

Sec. 541.005.  APPLICABILITY TO RISK RETENTION OR PURCHASING GROUP.  (a)  A risk retention group or purchasing group described by Subchapter B, Chapter 2201, or Section 2201.251 that is not chartered in this state may not engage in a trade practice in this state that is defined as unlawful under this chapter.
(b)  A risk retention group or purchasing group is subject to this chapter and rules adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2D.005, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.006. Prohibited Content of Certain Insurance Policies

Sec. 541.006.  PROHIBITED CONTENT OF CERTAIN INSURANCE POLICIES.  Notwithstanding any other provision of this code, it is unlawful for an insurer engaged in the business of life, accident, or health insurance to issue or deliver in this state a policy containing the words "Approved by the Texas Department of Insurance" or words of a similar meaning.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.007. Immunity From Prosecution

Sec. 541.007.  IMMUNITY FROM PROSECUTION.  (a)  This section applies to a person who requests to be excused from attending and testifying at a hearing or from producing books, papers, records, correspondence, or other documents at the hearing on the ground that the testimony or evidence may:
(1)  tend to incriminate the person;  or
(2)  subject the person to a penalty or forfeiture.
(b)  A person who, notwithstanding a request described by Subsection (a), is directed to provide the testimony or produce the documents shall comply with that direction.  Except as provided by Subsection (c), the person may not be prosecuted or subjected to a penalty or forfeiture for or on account of a transaction, matter, or thing about which the person testifies or produces documents, and the testimony or documents produced may not be received against the person in a criminal action, investigation, or proceeding.
(c)  A person who complies with a direction to testify or produce documents is not exempt from prosecution or punishment for perjury committed while testifying and the testimony or evidence given or produced is admissible against the person in a criminal action, investigation, or proceeding concerning the perjury, and the person is not exempt from the denial, revocation, or suspension of any license, permission, or authority conferred or to be conferred under this code.
(d)  A person may waive the immunity or privilege granted by this section by executing, acknowledging, and filing with the department a statement expressly waiving the immunity or privilege for a specified transaction, matter, or thing.  On filing the statement:
(1)  the testimony or documents produced by the person in relation to the transaction, matter, or thing may be received by or produced before a judge or justice or a court, grand jury, or other tribunal;  and
(2)  the person is not entitled to immunity or privilege for the testimony or documents received or produced under Subdivision (1).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter A. General Provisions › Section 541.008. Liberal Construction

Sec. 541.008.  LIBERAL CONSTRUCTION.  This chapter shall be liberally construed and applied to promote the underlying purposes as provided by Section 541.001.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.051. Misrepresentation Regarding Policy or Insurer

Sec. 541.051.  MISREPRESENTATION REGARDING POLICY OR INSURER.  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to:
(1)  make, issue, or circulate or cause to be made, issued, or circulated an estimate, illustration, circular, or statement misrepresenting with respect to a policy issued or to be issued:
(A)  the terms of the policy;
(B)  the benefits or advantages promised by the policy;  or
(C)  the dividends or share of surplus to be received on the policy;
(2)  make a false or misleading statement regarding the dividends or share of surplus previously paid on a similar policy;
(3)  make a misleading representation or misrepresentation regarding:
(A)  the financial condition of an insurer;  or
(B)  the legal reserve system on which a life insurer operates;
(4)  use a name or title of a policy or class of policies that misrepresents the true nature of the policy or class of policies;  or
(5)  make a misrepresentation to a policyholder insured by any insurer for the purpose of inducing or that tends to induce the policyholder to allow an existing policy to lapse or to forfeit or surrender the policy.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.052. False Information and Advertising

Sec. 541.052.  FALSE INFORMATION AND ADVERTISING.  (a)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to make, publish, disseminate, circulate, or place before the public or directly or indirectly cause to be made, published, disseminated, circulated, or placed before the public an advertisement, announcement, or statement containing an untrue, deceptive, or misleading assertion, representation, or statement regarding the business of insurance or a person in the conduct of the person's insurance business.
(b)  This section applies to an advertisement, announcement, or statement made, published, disseminated, circulated, or placed before the public:
(1)  in a newspaper, magazine, or other publication;
(2)  in a notice, circular, pamphlet, letter, or poster;
(3)  over a radio or television station;
(4)  through the Internet; or
(5)  in any other manner.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.053. Defamation of Insurer

Sec. 541.053.  DEFAMATION OF INSURER.  (a)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to directly or indirectly make, publish, disseminate, or circulate or to aid, abet, or encourage the making, publication, dissemination, or circulation of a statement that:
(1)  is false, maliciously critical of, or derogatory to the financial condition of an insurer;  and
(2)  is calculated to injure a person engaged in the business of insurance.
(b)  This section applies to any oral or written statement, including a statement in any pamphlet, circular, article, or literature.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.054. Boycott, Coercion, or Intimidation

Sec. 541.054.  BOYCOTT, COERCION, OR INTIMIDATION.  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to commit through concerted action or to enter into an agreement to commit an act of boycott, coercion, or intimidation that results in or tends to result in the unreasonable restraint of or a monopoly in the business of insurance.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.055. False Financial Statement

Sec. 541.055.  FALSE FINANCIAL STATEMENT.  (a)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to, with intent to deceive:
(1)  file with a supervisory or other public official a false statement of financial condition of an insurer;  or
(2)  make, publish, disseminate, circulate, deliver to any person, or place before the public or directly or indirectly cause to be made, published, disseminated, circulated, delivered to any person, or placed before the public a false statement of financial condition of an insurer.
(b)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to make a false entry in an insurer's book, report, or statement or wilfully omit to make a true entry of a material fact relating to the insurer's business in the insurer's book, report, or statement with intent to deceive:
(1)  an agent or examiner lawfully appointed to examine the insurer's condition or affairs;  or
(2)  a public official to whom the insurer is required by law to report or who has authority by law to examine the insurer's condition or affairs.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.056. Prohibited Rebates and Inducements

Sec. 541.056.  PROHIBITED REBATES AND INDUCEMENTS.  (a)  Subject to Section 541.058 and except as otherwise expressly provided by law, it is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to knowingly permit the making of, offer to make, or make a life insurance contract, life annuity contract, or accident and health insurance contract or an agreement regarding the contract, other than as plainly expressed in the issued contract, or directly or indirectly pay, give, or allow or offer to pay, give, or allow as inducement to enter into a life insurance contract, life annuity contract, or accident and health insurance contract a rebate of premiums payable on the contract, a special favor or advantage in the dividends or other benefits of the contract, or a valuable consideration or inducement not specified in the contract, or give, sell, or purchase or offer to give, sell, or purchase in connection with a life insurance, life annuity, or accident and health insurance contract or as inducement to enter into the contract stocks, bonds, or other securities of an insurer or other corporation, association, or partnership, dividends or profits accrued from the stocks, bonds, or securities, or anything of value not specified in the contract.
(b)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to issue or deliver or to permit an agent, officer, or employee to issue or deliver as an inducement to insurance:
(1)  company stock or other capital stock;
(2)  a benefit certificate or share in a corporation;
(3)  securities;  or
(4)  a special or advisory board contract or any other contract promising returns or profits.
(c)  Subsection (b) does not prohibit issuing or delivering a participating insurance policy otherwise authorized by law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.057. Unfair Discrimination in Life Insurance and Annuity Contracts

Sec. 541.057.  UNFAIR DISCRIMINATION IN LIFE INSURANCE AND ANNUITY CONTRACTS.  Subject to Section 541.058, it is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to make or permit with respect to a life insurance or life annuity contract an unfair discrimination between individuals of the same class and equal life expectancy regarding:
(1)  the rates charged;
(2)  the dividends or other benefits payable;  or
(3)  any of the other terms and conditions of the contract.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.059. Deceptive Name, Word, Symbol, Device, or Slogan

Sec. 541.059.  DECEPTIVE NAME, WORD, SYMBOL, DEVICE, OR SLOGAN.  (a)  Except as provided by Subsection (b), it is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to use, display, publish, circulate, distribute, or cause to be used, displayed, published, circulated, or distributed in a letter, pamphlet, circular, contract, policy, evidence of coverage, article, poster, or other document, literature, or public media:
(1)  a name as the corporate or business name of a person or entity engaged in the business of insurance or in an insurance-related business in this state that is the same as or deceptively similar to the name adopted and used by an insurance entity, health maintenance organization, third-party administrator, or group hospital service corporation authorized to engage in business under the laws of this state;  or
(2)  a word, symbol, device, or slogan, either alone or in combination and regardless of whether registered, and including the titles, designations, character names, and distinctive features of broadcast or other advertising, that is the same as or deceptively similar to a word, symbol, device, or slogan adopted and used by an insurance entity, health maintenance organization, third-party administrator, or group hospital service corporation to distinguish the entity or the entity's products or services from another entity.
(b)  If more than one person or entity uses names, words, symbols, devices, or slogans, either alone or in combination, that are the same or deceptively similar and are likely to cause confusion or mistake, the person or entity that demonstrates the first continuous actual use of the name, word, symbol, device, slogan, or combination has not engaged in an unfair method of competition or deceptive act or practice under this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.060. Unfair Settlement Practices

Sec. 541.060.  UNFAIR SETTLEMENT PRACTICES.  (a)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to engage in the following unfair settlement practices with respect to a claim by an insured or beneficiary:
(1)  misrepresenting to a claimant a material fact or policy provision relating to coverage at issue;
(2)  failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement of:
(A)  a claim with respect to which the insurer's liability has become reasonably clear;  or
(B)  a claim under one portion of a policy with respect to which the insurer's liability has become reasonably clear to influence the claimant to settle another claim under another portion of the coverage unless payment under one portion of the coverage constitutes evidence of liability under another portion;
(3)  failing to promptly provide to a policyholder a reasonable explanation of the basis in the policy, in relation to the facts or applicable law, for the insurer's denial of a claim or offer of a compromise settlement of a claim;
(4)  failing within a reasonable time to:
(A)  affirm or deny coverage of a claim to a policyholder;  or
(B)  submit a reservation of rights to a policyholder;
(5)  refusing, failing, or unreasonably delaying a settlement offer under applicable first-party coverage on the basis that other coverage may be available or that third parties are responsible for the damages suffered, except as may be specifically provided in the policy;
(6)  undertaking to enforce a full and final release of a claim from a policyholder when only a partial payment has been made, unless the payment is a compromise settlement of a doubtful or disputed claim;
(7)  refusing to pay a claim without conducting a reasonable investigation with respect to the claim;
(8)  with respect to a Texas personal automobile insurance policy, delaying or refusing settlement of a claim solely because there is other insurance of a different kind available to satisfy all or part of the loss forming the basis of that claim;  or
(9)  requiring a claimant as a condition of settling a claim to produce the claimant's federal income tax returns for examination or investigation by the person unless:
(A)  a court orders the claimant to produce those tax returns;
(B)  the claim involves a fire loss;  or
(C)  the claim involves lost profits or income.
(b)  Subsection (a) does not provide a cause of action to a third party asserting one or more claims against an insured covered under a liability insurance policy.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined › Section 541.061. Misrepresentation of Insurance Policy

Sec. 541.061.  MISREPRESENTATION OF INSURANCE POLICY.  It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to misrepresent an insurance policy by:
(1)  making an untrue statement of material fact;
(2)  failing to state a material fact necessary to make other statements made not misleading, considering the circumstances under which the statements were made;
(3)  making a statement in a manner that would mislead a reasonably prudent person to a false conclusion of a material fact;
(4)  making a material misstatement of law;  or
(5)  failing to disclose a matter required by law to be disclosed, including failing to make a disclosure in accordance with another provision of this code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. -1. Advertising Requirements › Section 541.082. Advertising and Internet Websites

Sec. 541.082.  ADVERTISING AND INTERNET WEBSITES.  (a)  In this section, "insurer" includes:
(1)  a life insurance company;
(2)  a health insurance company;
(3)  an accident insurance company;
(4)  a general casualty company;
(5)  a mutual life insurance company or other mutual insurance company;
(6)  a mutual or natural premium life insurance company;
(7)  a Lloyd's plan;
(8)  a county mutual insurance company;
(9)  a farm mutual insurance company;
(10)  a reciprocal or interinsurance exchange;
(11)  a fraternal benefit society;
(12)  a local mutual aid association;
(13)  a health maintenance organization;
(14)  a group hospital service corporation; or
(15)  a multiple employer welfare arrangement that holds a certificate of coverage under Chapter 846.
(b)  A web page of an insurer's Internet website must include all appropriate disclosures and information required by applicable rules adopted by the commissioner relating to advertising only if the web page:
(1)  describes specific policies or coverage available in this state; or
(2)  includes an opportunity for an individual to apply for coverage or obtain a quote from an insurer for an insurance policy or certificate or an evidence of coverage.
(c)  As may be permitted by commissioner rule, an insurer may comply with Subsection (b) by including a link to a web page that includes the information necessary to comply with the applicable rules relating to advertising.  The link must be prominently placed on the insurer's web page.
(d)  Web pages of an Internet website that do not refer to a specific insurance policy, certificate of coverage, or evidence of coverage or that do not provide an opportunity for an individual to apply for coverage or request a quote from an insurer are considered to be institutional advertisements subject to rules adopted by the commissioner relating to advertising.
(e)  Web pages or navigation aids within an insurer's Internet website that provide a link to a web page described by  Subsection (b) but that do not otherwise contain content described in Subsection (b) are considered to be institutional advertisements subject to rules adopted by the commissioner relating to advertising.
Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. -1. Advertising Requirements › Section 541.083. Advertisements to Certain Associations

Sec. 541.083.  ADVERTISEMENTS TO CERTAIN ASSOCIATIONS.  An insurer may advertise to the general public policies or coverage available only to members of an association described by Section 1251.052.
Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. -1. Advertising Requirements › Section 541.084. Advertisements Relating to Medicare Program

Sec. 541.084.  ADVERTISEMENTS RELATING TO MEDICARE PROGRAM.  A person may not use an advertisement for an insurance product relating to Medicare coverage unless the advertisement includes in a prominent place the following language or similar language: "Not connected with or endorsed by the United States government or the federal Medicare program."
Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. -1. Advertising Requirements › Section 541.085. Advertisements Relating to Preferred Provider Benefit Plans

Sec. 541.085.  ADVERTISEMENTS RELATING TO PREFERRED PROVIDER BENEFIT PLANS.  It is sufficient for an insurer to use the term "PPO plan" in advertisements when referring to a preferred provider benefit plan offered under Chapter 1301.
Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices › Subchapter B. -1. Advertising Requirements › Section 541.086. Advertising Regarding Guaranteed Renewable Coverage

Sec. 541.086.  ADVERTISING REGARDING GUARANTEED RENEWABLE COVERAGE.  (a)  An advertisement for a guaranteed renewable accident and health insurance policy must include, in a prominent place, a statement indicating that rates for the policy may change if the advertisement suggests or implies that rates for the product will not change.
(b)  If an advertisement is required to include the statement described by Subsection (a), the statement must generally identify the manner in which rates may change, such as by age, by health status, by class, or through application of other general criteria.
Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.