reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter A. General Provisions › Section 201.002. Accounting Procedure

Sec. 201.002.  ACCOUNTING PROCEDURE.  The commissioner shall maintain a procedure to account for the receipt, disbursement, and allocation of money deposited in the Texas Department of Insurance operating account, including recordkeeping procedures adequate for:
(1)  the commissioner or comptroller, as applicable, to adjust the tax assessments and fee schedules as authorized by this code;  and
(2)  the state auditor to determine the source of all receipts and expenditures.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter A. General Provisions › Section 201.003. Refunds

Sec. 201.003.  REFUNDS.  If the department determines that a person, firm, or corporation through mistake of law or fact erroneously paid or overpaid a fee or other amount of money, including any interest or penalty, administered or collected by the department, the department may refund the erroneous payment or overpayment by warrant on the state treasury from any funds appropriated for that purpose.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter A. General Provisions › Section 201.004. Electronic Transfers

Sec. 201.004.  ELECTRONIC TRANSFERS.  (a)  The commissioner shall adopt rules for the electronic transfer of any fee, guarantee fund, or other money owed to or held for the benefit of this state that the department has the responsibility to administer under this code or another insurance law of this state.
(b)  The commissioner shall require the electronic transfer of any amount held or owed that exceeds $500,000.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter A. General Provisions › Section 201.005. Transfer of Securities

Sec. 201.005.  TRANSFER OF SECURITIES.  (a)  A transfer by the department of any security that is held in any way by the department is not valid unless the transfer is countersigned by the comptroller.
(b)  The comptroller shall:
(1)  countersign any security transfer presented by the department;
(2)  keep a record of all transfers that includes:
(A)  the name of the transferee, unless the security is transferred in blank;  and
(B)  a description of the security;
(3)  when countersigning a security transfer, advise the company concerned by mail of the details of the transaction;  and
(4)  state, in the comptroller's annual report to the legislature, the countersigned transfers and the amount of the transfers.
(c)  To verify the correctness of records:
(1)  the department is entitled to free access to the comptroller's records kept under Subsection (b);  and
(2)  the comptroller is entitled to free access to the books and other department documents relating to securities held by the department.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter B. Administration › Section 201.051. Powers and Duties of Comptroller

Sec. 201.051.  POWERS AND DUTIES OF COMPTROLLER.  (a)  Except as otherwise provided by this code or another insurance law of this state, the comptroller shall administer and enforce the provisions of this code and other insurance laws of this state that relate to the administration, collection, and reporting of taxes and certain fees and assessments imposed under this code or another insurance law of this state, as specifically provided by this code.
(b)  The comptroller may:
(1)  adopt rules to implement the administration, collection, reporting, and enforcement responsibilities assigned to the comptroller under this code or another insurance law of this state;  and
(2)  prescribe appropriate report forms, establish or alter tax report due dates not otherwise specifically prescribed by this code or another insurance law of this state, and otherwise adapt the functions transferred to the comptroller under Chapter 685, Acts of the 73rd Legislature, Regular Session, 1993, to increase efficiency and cost-effectiveness.
(c)  A rule adopted by the comptroller that relates to the administration, collection, reporting, or enforcement of taxes imposed under this code prevails over a conflicting rule, policy, or procedure established by the department, the commissioner, or otherwise.
(d)  Subtitles A and B, Title 2, Tax Code, apply to the administration, collection, and enforcement by the comptroller of taxes and certain fees and assessments under this code or another insurance law of this state.  Except as otherwise provided by this code, the powers granted to the comptroller under those provisions of the Tax Code do not limit and are exclusive of the powers granted to the department or the commissioner in relation to other fees and assessments under this code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter B. Administration › Section 201.052. Reimbursement

Sec. 201.052.  REIMBURSEMENT.  (a)  The department shall reimburse the appropriate portion of the general revenue fund for the amount of expenses incurred by the comptroller in administering taxes imposed under this code or another insurance law of this state.
(b)  The comptroller shall certify to the commissioner the total amount of expenses estimated to be required to perform the comptroller's duties under this code or another insurance law of this state for each fiscal biennium.  The comptroller shall provide copies of the certification to the budget division of the governor's office and to the Legislative Budget Board.
(c)  The amount certified by the comptroller shall be transferred from the Texas Department of Insurance operating account to the appropriate portion of the general revenue fund.  It is the legislature's intent that money in the Texas Department of Insurance operating account to be transferred under this subsection should reflect the revenues from maintenance taxes paid by insurers under this code or another insurance law of this state.
(d)  In setting maintenance taxes for each fiscal year, the commissioner shall ensure that the amount of taxes imposed is sufficient to fully reimburse the appropriate portion of the general revenue fund for the amount of expenses incurred by the comptroller in administering taxes imposed under this code or another insurance law of this state.
(e)  If the amount of maintenance taxes collected is not sufficient to reimburse the appropriate portion of the general revenue fund for the amount of expenses incurred by the comptroller, other money in the Texas Department of Insurance operating account shall be used to reimburse the appropriate portion of the general revenue fund.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter B. Administration › Section 201.053. Cooperation Between Department and Comptroller

Sec. 201.053.  COOPERATION BETWEEN DEPARTMENT AND COMPTROLLER.  The commissioner and the comptroller shall cooperate fully in performing their respective duties under this code or another insurance law of this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter B. Administration › Section 201.054. Information Sharing; Federal Identification Numbers

Sec. 201.054.  INFORMATION SHARING;  FEDERAL IDENTIFICATION NUMBERS.  (a)  The department shall comply with each reasonable request from the comptroller relating to the sharing of information gathered or compiled in connection with functions the comptroller performs under this code or another insurance law of this state.
(b)  The department shall maintain a record of the federal identification number of each entity subject to regulation under this code or another insurance law of this state and shall include the appropriate number in any communication to or information shared with the comptroller relating to that entity.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter B. Administration › Section 201.055. Filing Date of Report or Payment Delivered by Postal Service

Sec. 201.055.  FILING DATE OF REPORT OR PAYMENT DELIVERED BY POSTAL SERVICE.  Except as otherwise specifically provided, for a report, including a tax report, or payment that is required to be filed or made in the offices of the comptroller and that is delivered by the United States Postal Service to the offices of the comptroller after the date on which the report or payment is required to be filed or made, the date of filing or payment is the date of:
(1)  the postal service postmark stamped on the cover in which the report or payment is mailed;  or
(2)  any other evidence of mailing authorized by the postal service reflected on the cover in which the report or payment is mailed.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter A. General Provisions › Section 202.001. Applicability of Chapter

Sec. 202.001.  APPLICABILITY OF CHAPTER.  Except as provided by Section 202.052, the insurers that are subject to a fee imposed under this chapter include:
(1)  stock insurance companies;
(2)  mutual insurance companies;
(3)  local mutual aid associations;
(4)  statewide mutual assessment companies;
(5)  group hospital service corporations;  and
(6)  stipulated premium companies.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter A. General Provisions › Section 202.002. Determination of Fees

Sec. 202.002.  DETERMINATION OF FEES.  The department shall, subject to the limits established by this chapter, set the amount of the fees imposed under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter A. General Provisions › Section 202.003. Fees for Copies

Sec. 202.003.  FEES FOR COPIES.  (a)  The department shall set and collect a fee for copying any paper of record with the department.  The fee shall be set in an amount sufficient to reimburse the state for the actual expense.
(b)  The department may make and distribute copies of a paper containing rating information without charge or for a fee that the commissioner considers appropriate for administering the premium rating laws by properly distributing rating information.
(c)  This section does not affect Article 5.29.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter A. General Provisions › Section 202.004. Reduced Fees for Certain Insurers

Sec. 202.004.  REDUCED FEES FOR CERTAIN INSURERS.  An insurer to which this chapter applies that had gross premium receipts of less than $450,000, according to the insurer's annual statement for the preceding year ending December 31, is required to pay only one-half the amount of a fee otherwise required to be paid under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter B. Specific Maximum Fees › Section 202.051. General Fees Imposed on Insurers

Sec. 202.051.  GENERAL FEES IMPOSED ON INSURERS.  The department shall impose and receive fees for the use of the state from each authorized insurer writing insurance in this state.  The amount of the fees may not exceed:
(1)  for filing an amendment to a certificate of authority if the charter is not amended$100;(2)  for affixing the official seal and certifying to the seal$20;(3)  for reservation of name$200;(4)  for renewal of reservation of name$50;(5)  for filing an application for admission of a foreign or alien insurer$4,000;(6)  for filing an original charter of an insurer, including issuance of a certificate of authority$3,000;(7)  for filing an amendment to a charter if a hearing is held$500;(8)  for filing an amendment to a charter if a hearing is not held$250;(9)  for filing a designation of an attorney for service of process or an amendment of a designation$50;(10)  for filing a copy of a total reinsurance agreement$1,500;(11)  for filing a copy of a partial reinsurance agreement$300;(12)  for accepting a security deposit$200;(13)  for substitution or amendment of a security deposit$100;(14)  for certification of a statutory deposit$20;(15)  for filing a notice of intent to locate books and records outside this state under Chapter 803$300;(16)  for filing a statement under Subchapters D and E, Chapter 823, for the first $9.9 million  of  the  consideration$1,000;
(17)  for filing a statement under Subchapters D and E, Chapter 823, if the amount of the consideration exceeds $9.9 million . . . an additional $500 for each additional $10 million of the consideration that exceeds $9.9 million, but not more than a total amount of $10,000 under this subdivision and Subdivision (16);
(18)  for filing a registration statement under Subchapter B, Chapter 823$300;(19)  for filing for review under Subchapter C, Chapter 823, or Subchapter L, Chapter 884$500;(20)  for filing a direct reinsurance agreement under Subchapter K, Chapter 884$300;(21)  for filing for approval of a merger under Chapter 824$1,500;(22)  for filing for approval of reinsurance under Chapter 828$1,500;(23)  for filing restated articles of incorporation for a domestic, foreign, or alien insurer$500;(24)  for filing a joint control agreement$100;(25)  for filing a substitution or amendment to a joint control agreement$40; and(26)  for filing a change of attorney in fact$500.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter B. Specific Maximum Fees › Section 202.052. Fees Imposed on Certain Insurers

Sec. 202.052.  FEES IMPOSED ON CERTAIN INSURERS.  (a)  The department shall impose and the comptroller shall collect a fee for the use of the state from each authorized insurer writing a class of insurance that may be written by an insurer operating under Chapter 841 for filing of the insurer's annual statement.  The amount of the fee may not exceed $500.
(b)  Subtitles A and B, Title 2, Tax Code, apply to a fee collected under this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1039 (H.B. 1849), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter C. Deposit and Use of Fees › Section 202.101. Deposit and Use of Fees Generally

Sec. 202.101.  DEPOSIT AND USE OF FEES GENERALLY.  Amounts collected under Section 202.051:
(1)  shall be deposited to the credit of the Texas Department of Insurance operating account;  and
(2)  may be appropriated only for the use and benefit of the department as provided by the General Appropriations Act to pay salaries and other expenses arising from and in connection with investigations of violations of the insurance laws of this state and the examination or licensing of insurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 202 - Fees › Subchapter C. Deposit and Use of Fees › Section 202.102. Deposit and Use of Certain Other Fees

Sec. 202.102.  DEPOSIT AND USE OF CERTAIN OTHER FEES.  Amounts collected by the comptroller under Section 202.052:
(1)  shall be deposited to the credit of the general revenue fund;  and
(2)  are available for appropriation to the department as provided by the General Appropriations Act to pay salaries and other expenses arising from investigations of violations of the insurance laws of this state and the examination or licensing of insurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 203 - General Provisions Relating to Taxes › Section 203.001. Limitation on Certain Additional Taxes

Sec. 203.001.  LIMITATION ON CERTAIN ADDITIONAL TAXES.  (a)  This section applies to:
(1)  an insurer authorized to engage in the business of insurance in this state other than an eligible surplus lines insurer;  and
(2)  a health maintenance organization authorized to engage in the business of a health maintenance organization in this state.
(b)  Except as otherwise provided by this code or the Labor Code, an insurer or health maintenance organization subject to a tax imposed by Chapter 4, 221, 222, 223A, 224, or 257 may not be required to pay any additional tax imposed by this state or a county or municipality in proportion to the insurer's or health maintenance organization's gross premium receipts.
(c)  Subsection (b) does not:
(1)  limit the applicability of other taxes, fees, and assessments imposed by this code;  or
(2)  prohibit the imposition and collection of state, county, and municipal taxes on the property of insurers or health maintenance organizations or state, county, and municipal taxes imposed by other laws of this state, unless a specific exemption for insurers or health maintenance organizations is provided in those laws.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 203 - General Provisions Relating to Taxes › Section 203.002. Tax Payment Required for Certain Certificates; Unreported Gross Premium Receipts

Sec. 203.002.  TAX PAYMENT REQUIRED FOR CERTAIN CERTIFICATES;  UNREPORTED GROSS PREMIUM RECEIPTS.  (a)  A Life Insurance Company May not receive a certificate of authority to engage in the business of insurance in this state until all taxes imposed under this code or another insurance law of this state are paid.
(b)  If the commissioner determines by examining a company or by other means that the company's gross premium receipts in a year exceed the amount reported by the company for that year, the commissioner shall report that determination to the comptroller.  The comptroller shall institute a collection action as the comptroller considers appropriate to collect taxes due on unreported gross premium receipts.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 221 - Property and Casualty Insurance Premium Tax › Section 221.001. Applicability of Chapter

Sec. 221.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to an insurer, organization, or concern that receives gross premiums subject to taxation under Section 221.002, including a reciprocal or interinsurance exchange that elects to be subject to taxation under this chapter in accordance with Section 224.003 and a Lloyd's plan.
(b)  This chapter does not apply to:
(1)  a fraternal benefit society, including a fraternal benefit society operating under Chapter 885;
(2)  a group hospital service corporation operating under Chapter 842;
(3)  a stipulated premium company operating under Chapter 884;
(4)  a mutual assessment association, company, or corporation regulated under Chapter 887;
(5)  a purely cooperative or mutual fire insurance company carried on by its members solely for the protection of their own property and not for profit, except as provided by Section 221.002(b)(13); or
(6)  a farm mutual insurance company operating under Chapter 911, unless the company is acting as a fronting insurer.
(c)  In this section, "fronting insurer" means a farm mutual insurance company:
(1)  issuing an insurance policy that is the result of:
(A)  marketing by an insurer not affiliated with the farm mutual insurance company;
(B)  an application submitted by a consumer to an insurer not affiliated with the farm mutual insurance company; or
(C)  an agreement with an insurer that is not a farm mutual insurance company solely for the purpose of being regulated under Chapter 911; or
(2)  that cedes 85 percent or more of the farm mutual insurance company's direct written premium to one or more nonaffiliated reinsurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1083 (H.B. 3496), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 221 - Property and Casualty Insurance Premium Tax › Section 221.002. Tax Imposed; Rate

Sec. 221.002.  TAX IMPOSED;  RATE.  (a)  An annual tax is imposed on each insurer that receives gross premiums subject to taxation under this section.  The rate of the tax is 1.6 percent of the insurer's taxable premium receipts for a calendar year.
(b)  Except as provided by Subsection (c), in determining an insurer's taxable premium receipts, the insurer shall include the total gross amounts of premiums, membership fees, assessments, dues, revenues, and any other considerations for insurance written by the insurer in a calendar year from any kind of insurance written by the insurer on each kind of property or risk located in this state, including:
(1)  fire insurance;
(2)  ocean marine insurance;
(3)  inland marine insurance;
(4)  accident insurance;
(5)  credit insurance;
(6)  livestock insurance;
(7)  fidelity insurance;
(8)  guaranty insurance;
(9)  surety insurance;
(10)  casualty insurance;
(11)  workers' compensation insurance;
(12)  employers' liability insurance;
(13)  crop insurance written by a farm mutual insurance company;
(14)  home warranty insurance; and
(15)  travel insurance.
(c)  The following premium receipts are not included in determining an insurer's taxable premium receipts:
(1)  premium receipts received from the business of title insurance;
(2)  premium receipts received from the business of life insurance, personal accident insurance, life and accident insurance, or health and accident insurance for profit, written by a life insurance company, life and accident insurance company, health and accident insurance company, or for mutual benefit or protection in this state;
(3)  premium receipts received from another authorized insurer for reinsurance;
(4)  returned premiums and dividends paid to policyholders;
(5)  premiums excluded by another law of this state; and
(6)  premiums or service fees retained by a bail bond surety licensed under Chapter 1704, Occupations Code, or by a property and casualty agent in connection with the execution or delivery of a bail bond as defined by Section 1704.001, Occupations Code.
(d)  In determining an insurer's taxable premium receipts, an insurer is not entitled to a deduction for premiums paid for reinsurance.
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. 1, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 896 (H.B. 1047), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1000 (H.B. 2587), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 221 - Property and Casualty Insurance Premium Tax › Section 221.003. Tax Due Dates

Sec. 221.003.  TAX DUE DATES.  (a)  The total tax imposed by this chapter is due and payable not later than March 1 after the end of the calendar year for which the tax is due.
(b)  An insurer that had a net tax liability for the previous calendar year of more than $1,000 shall make semiannual prepayments of tax on March 1 and August 1.  The tax paid on each date must be equal to 50 percent of the total amount of tax the insurer paid under this chapter for the previous calendar year.  If the insurer did not pay a tax under this chapter during the previous calendar year, the tax paid on each date must be equal to the tax that would be owed on the aggregate of the gross premiums for the two previous calendar quarters.
(c)  The comptroller may refund any overpayment of taxes that results from the semiannual prepayment system prescribed by this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 221 - Property and Casualty Insurance Premium Tax › Section 221.004. Tax Report

Sec. 221.004.  TAX REPORT.  (a)  An insurer liable for the tax imposed by this chapter must file annually with the comptroller a tax report on a form prescribed by the comptroller.
(b)  The tax report is due on the date the tax is due under Section 221.003(a).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 221 - Property and Casualty Insurance Premium Tax › Section 221.005. Change in Due Dates

Sec. 221.005.  CHANGE IN DUE DATES.  (a)  The comptroller by rule may change the dates for reporting and paying taxes under this chapter to improve operating efficiencies within the agency.
(b)  A change by the comptroller in a reporting or payment date must retain the system of semiannual prepayments prescribed by Section 221.003.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 221 - Property and Casualty Insurance Premium Tax › Section 221.006. Credit for Fees Paid

Sec. 221.006.  CREDIT FOR FEES PAID.  (a)  An insurer is entitled to a credit on the amount of tax due under this chapter for all examination and evaluation fees paid to this state during the calendar year for which the tax is due.  The limitations provided by Sections 803.007(1) and (2)(B) for a domestic insurance company apply to a foreign insurance company.
(b)  The credit provided by this section is in addition to any other credit authorized by statute.
(c)  Expired.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.001(a), eff. September 1, 2005.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 2.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 221 - Property and Casualty Insurance Premium Tax › Section 221.007. Failure to Pay Taxes

Sec. 221.007.  FAILURE TO PAY TAXES.  An insurer that fails to pay all taxes imposed by this chapter is subject to Section 203.002.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 222 - Life, Health, and Accident Insurance Premium Tax › Section 222.001. Applicability of Chapter

Sec. 222.001.  APPLICABILITY OF CHAPTER.
Text of subsection effective until April 01, 2025
(a)  This chapter applies to any insurer, including a group hospital service corporation, any health maintenance organization, and any managed care organization that receives gross premiums or revenues subject to taxation under Section 222.002, including companies operating under Chapter 841, 842, 843, 861, 881, 882, 883, 884, 941, 942, 982, or 984, Insurance Code, Chapter 533, Government Code, or Title XIX of the federal Social Security Act.
Text of subsection effective on April 01, 2025
(a)  This chapter applies to any insurer, including a group hospital service corporation, any health maintenance organization, and any managed care organization that receives gross premiums or revenues subject to taxation under Section 222.002, including companies operating under Chapter 841, 842, 843, 861, 881, 882, 883, 884, 941, 942, 982, or 984, Insurance Code, Chapter 540 or 540A, Government Code, as applicable, or Title XIX of the federal Social Security Act.
(b)  This chapter does not apply to:
(1)  a fraternal benefit society, including a fraternal benefit society operating under Chapter 885;
(2)  a local mutual aid association operating under Chapter 886;  or
(3)  a society that limits its membership to one occupation.
(c)  For purposes of computing the tax imposed by this chapter, a managed care organization is treated in the same manner as a health maintenance organization.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.002(a), eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.118, eff. April 1, 2025.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 222 - Life, Health, and Accident Insurance Premium Tax › Section 222.003. Tax Rates

Sec. 222.003.  TAX RATES.  (a)  Except as provided by Subsection (b), the rate of the tax imposed by this chapter on an insurer is 1.75 percent of the insurer's taxable gross premiums received during a calendar year.
(b)  The rate of the tax imposed by this chapter on an insurer that receives taxable gross premiums from the business of life insurance is:
(1)  0.875 percent of the first $450,000 of taxable gross premiums received during a calendar year from the business of life insurance;  and
(2)  1.75 percent of the remaining taxable gross premiums received during that calendar year from the business of life insurance.
(c)  The rate of the tax imposed by this chapter on a health maintenance organization is:
(1)  0.875 percent of the first $450,000 of taxable gross revenues received during a calendar year for the issuance of health maintenance certificates or contracts;  and
(2)  1.75 percent of the remaining taxable gross revenues received during that calendar year for the issuance of health maintenance certificates or contracts.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 222 - Life, Health, and Accident Insurance Premium Tax › Section 222.004. Tax Due Dates

Sec. 222.004.  TAX DUE DATES.  (a)  The total tax imposed by this chapter is due and payable not later than:
(1)  March 1 after the end of the calendar year for which the tax is due;
(2)  the date the annual statement for the insurer or health maintenance organization is required to be filed with the commissioner after the end of the calendar year for which the tax is due;  or
(3)  another date prescribed by the comptroller.
(b)  An insurer or health maintenance organization that had a net tax liability for the previous calendar year of more than $1,000 shall make semiannual prepayments of tax on March 1 and August 1.  The tax paid on each date must be equal to 50 percent of the total amount of tax the insurer or health maintenance organization paid under this chapter for the previous calendar year.  If the insurer or health maintenance organization did not pay a tax under this chapter during the previous calendar year, the tax paid on each date must be equal to the tax that would be owed on the aggregate of the taxable gross premiums or taxable gross revenues for the two previous calendar quarters.
(c)  The comptroller may refund any overpayment of taxes that results from the semiannual prepayment system prescribed by this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 222 - Life, Health, and Accident Insurance Premium Tax › Section 222.005. Tax Report

Sec. 222.005.  TAX REPORT.  (a)  An insurer or health maintenance organization liable for the tax imposed by this chapter must file annually with the comptroller a tax report on a form prescribed by the comptroller.
(b)  The tax report is due on the date the tax is due under Section 222.004(a).
(c)  The comptroller may require the insurer or health maintenance organization to file any additional relevant information that is reasonably necessary to verify the amount of tax due.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 222 - Life, Health, and Accident Insurance Premium Tax › Section 222.006. Change in Due Dates

Sec. 222.006.  CHANGE IN DUE DATES.  (a)  The comptroller by rule may change the dates for reporting and paying taxes under this chapter to improve operating efficiencies within the agency.
(b)  A change by the comptroller in a reporting or payment date must retain the system of semiannual prepayments prescribed by Section 222.004.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 222 - Life, Health, and Accident Insurance Premium Tax › Section 222.007. Credit for Fees Paid

Sec. 222.007.  CREDIT FOR FEES PAID.  (a)  Except as otherwise provided by this subsection, an insurer or health maintenance organization is entitled to a credit on the amount of tax due under this chapter for all examination and evaluation fees paid to this state during the calendar year for which the tax is due.  An insurer is not entitled to a credit on the amount of tax due under this chapter for fees paid for valuing life insurance policies.  The limitations provided by Sections 803.007(1) and (2)(B) for a domestic insurance company apply to a foreign insurance company.
(b)  The credit provided by this section is in addition to any other credit authorized by statute.
(c)  Expired.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.003(a), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1039 (H.B. 1849), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 2.02, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 222 - Life, Health, and Accident Insurance Premium Tax › Section 222.008. Failure to Pay Taxes

Sec. 222.008.  FAILURE TO PAY TAXES.  An insurer or health maintenance organization that fails to pay all taxes imposed by this chapter is subject to Section 203.002.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.001. Applicability of Certain Definitions

Sec. 223.001.  APPLICABILITY OF CERTAIN DEFINITIONS.  In this chapter, a term defined by Chapter 2501 has the meaning assigned by that chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.002. Applicability of Chapter

Sec. 223.002.  APPLICABILITY OF CHAPTER.  This chapter applies to a title insurance company that receives premiums subject to taxation under Section 223.003.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.003. Tax Imposed

Sec. 223.003.  TAX IMPOSED.  (a)  An annual tax is imposed on all premiums from the business of title insurance.  The rate of the tax is 1.35 percent of title insurance taxable premiums for a calendar year, including any premiums retained by a title insurance agent as provided by Section 223.005.  For purposes of this chapter, a person engages in the business of title insurance if the person engages in an activity described by Section 2501.005.
(b)  Except as provided by Subsection (c), in determining a title insurance company's taxable premiums, the company shall include the total amounts of premiums received in a calendar year from title insurance written on property located in this state.
(c)  The following premiums are not included in determining a title insurance company's taxable premiums:
(1)  premiums received from other title insurance companies for reinsurance;  and
(2)  returned premiums and dividends paid to policyholders.
(d)  In determining a title insurance company's taxable premiums, a title insurance company is not entitled to a deduction for premiums paid for reinsurance.
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. 3, eff. June 15, 2007.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.004. Limitation on Certain Additional Taxes

Sec. 223.004.  LIMITATION ON CERTAIN ADDITIONAL TAXES.  (a)  Except as otherwise provided by this code or the Labor Code, a title insurance company or title insurance agent subject to the tax imposed by this chapter may not be required to pay any additional tax imposed by this state or a county or municipality in proportion to the company's or agent's gross premium receipts.
(b)  This section does not:
(1)  limit the applicability of other taxes, fees, and assessments imposed by this code;  or
(2)  prohibit the imposition and collection of state, county, and municipal taxes on the property of title insurance companies or title insurance agents or state, county, and municipal taxes imposed by other laws of this state, unless a specific exemption for title insurance companies or title insurance agents is provided in those laws.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.005. Premiums Paid to Title Insurance Agent

Sec. 223.005.  PREMIUMS PAID TO TITLE INSURANCE AGENT.  (a)  Premiums received from the business of title insurance are subject to the tax under this chapter regardless of whether paid to a title insurance company or retained by a title insurance agent, with the tax being in lieu of the tax on the premiums retained by a title insurance agent.
(b)  The state facilitates the collection of the premium tax on the premiums retained by a title insurance agent by establishing the division of the premiums between the title insurance company and title insurance agent so that the company receives the premium tax due on the agent's portion of the premiums and remits it to the state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.006. Tax Due Dates

Sec. 223.006.  TAX DUE DATES.  (a)  The total tax imposed by this chapter is due and payable not later than:
(1)  March 1 after the end of the calendar year for which the tax is due;  or
(2)  another date prescribed by the comptroller.
(b)  A title insurance company that had a net tax liability for the previous calendar year of more than $1,000 shall make semiannual prepayments of tax on March 1 and August 1.  The tax paid on each date must be equal to 50 percent of the total amount of tax the company paid under this chapter for the previous calendar year.  If the company did not pay a tax under this chapter during the previous calendar year, the tax paid on each date must be equal to the tax that would be owed on the aggregate of the gross premiums for the two previous calendar quarters.
(c)  The comptroller may refund any overpayment of taxes that results from the semiannual prepayment system prescribed by this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.007. Tax Reports

Sec. 223.007.  TAX REPORTS.  (a)  A title insurance company liable for the tax imposed by this chapter must file annually with the comptroller a tax report on a form prescribed by the comptroller.
(b)  The tax report is due on the date the tax is due under Section 223.006(a).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.008. Rules

Sec. 223.008.  RULES.  (a)  The commissioner or the comptroller, as appropriate, may adopt fair and reasonable rules, minimum standards, and limitations as appropriate to augment and implement this chapter.
(b)  This section does not affect the comptroller's general authority to adopt rules to promote the efficient administration, collection, enforcement, and reporting of taxes under this code or another insurance law of this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.009. Credit for Fees Paid

Sec. 223.009.  CREDIT FOR FEES PAID.  (a)  A title insurance company is entitled to a credit on the amount of tax due under this chapter for all examination and evaluation fees paid to the state during the calendar year for which the tax is due.  The limitations provided by Sections 803.007(1) and (2)(B) for a domestic insurance company apply to a foreign insurance company.
(b)  The credit provided by this section is in addition to any other credit authorized by statute.
(c)  Expired.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.004(a), eff. September 1, 2005.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 2.03, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.010. Failure to Pay Taxes

Sec. 223.010.  FAILURE TO PAY TAXES.  A title insurance company that fails to pay all taxes imposed by this chapter is subject to Section 203.002.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223 - Title Insurance Premium Tax › Section 223.011. Disposition of Revenue

Sec. 223.011.  DISPOSITION OF REVENUE.  Chapter 227 applies to the disposition of the revenue from the tax imposed by this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223A - Captive Insurance Premium Tax › Section 223A.001. Definition

Sec. 223A.001.  DEFINITION.  In this chapter, "captive insurance company" means a captive insurance company holding a certificate of authority under Chapter 964.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223A - Captive Insurance Premium Tax › Section 223A.002. Applicability of Chapter

Sec. 223A.002.  APPLICABILITY OF CHAPTER.  This chapter applies to a captive insurance company holding a certificate of authority under Chapter 964.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle B - Insurance Premium Taxes › Chapter 223A - Captive Insurance Premium Tax › Section 223A.003. Tax Imposed; Rate

Sec. 223A.003.  TAX IMPOSED; RATE.  (a)  An annual tax is imposed on each captive insurance company that receives gross premiums subject to taxation under this chapter.  The rate of the tax is one-half percent of the company's taxable premium receipts for a calendar year.
(b)  Except as provided by Subsection (c), in determining a captive insurance company's taxable premium receipts, the captive insurance company shall include the total gross amounts of premiums, membership fees, assessments, dues, revenues, and other considerations for insurance written by the captive insurance company in a calendar year from any kind of insurance written by the company on each kind of property or risk without regard to the location of the property or risk.
(c)  The following premium receipts are not included in determining a captive insurance company's taxable premium receipts:
(1)  premium receipts received from another authorized insurer for reinsurance;
(2)  returned premiums and dividends paid to policyholders; and
(3)  premiums excluded by another law of this state.
(d)  In determining a captive insurance company's taxable premium receipts, a company is not entitled to a deduction for premiums paid for reinsurance.
(e)  The annual minimum aggregate tax to be paid by a captive insurance company under this chapter is $7,500 and the annual maximum aggregate tax to be paid by a company under this chapter is $200,000.  Gross premiums subject to taxation under this chapter are not subject to taxes, surcharges, or other regulatory assessments or fees under this code other than insurance maintenance taxes as provided by Section 964.068.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 1, eff. June 14, 2013.