reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter C. Personnel › Section 31.045. Career Ladder Program; Performance Evaluations

Sec. 31.045.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The commissioner or the commissioner's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.
(b)  The commissioner or the commissioner's designee shall develop a system of annual performance evaluations.  All merit pay for department employees must be based on the system established under this subsection.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter A. Records › Section 32.001. Giving Certified Copies and Certificates

Sec. 32.001.  GIVING CERTIFIED COPIES AND CERTIFICATES.  (a)  On request and on payment of the required fee, the department shall:
(1)  certify a copy of a paper or a record in a department office and give the certified copy to any person when the commissioner determines that providing the copy is not prejudicial to the public interest;  and
(2)  give a certificate as provided by other law.
(b)  A fee collected by the department under this section shall be deposited in the general revenue fund to the credit of the Texas Department of Insurance operating account.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter A. Records › Section 32.0015. Filing Articles of Incorporation and Other Papers; Certified Copies

Sec. 32.0015.  FILING ARTICLES OF INCORPORATION AND OTHER PAPERS; CERTIFIED COPIES.  (a)  The department shall file and maintain in a department office:
(1)  all insurance companies' acts or articles of incorporation; and
(2)  any other paper required by law to be filed with the department.
(b)  The department shall provide a certified copy of a document described by Subsection (a)(1) or (2) to a party interested in the document who:
(1)  submits an application; and
(2)  pays the fee prescribed by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1A.002, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter A. Records › Section 32.002. Record of Department Proceedings

Sec. 32.002.  RECORD OF DEPARTMENT PROCEEDINGS.  The department shall maintain a complete record of the department's proceedings.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter A. Records › Section 32.003. Statements Regarding Condition of Examined Companies

Sec. 32.003.  STATEMENTS REGARDING CONDITION OF EXAMINED COMPANIES.  The department shall maintain a concise statement of the condition of each company or agency visited or examined.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter A. Records › Section 32.004. Publication of Results of Examination

Sec. 32.004.  PUBLICATION OF RESULTS OF EXAMINATION.  The department shall publish the results of an examination of a company's affairs if the commissioner determines that publication is in the public interest.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1A.002, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter B. Reports › Section 32.021. Annual Reports

Sec. 32.021.  ANNUAL REPORTS.  (a)  The department shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report that includes:
(1)   a description of the commissioner's official acts;
(2)  a description of the condition of companies doing business in this state; and
(3)  other information that exhibits the affairs of the department.
(b)  The annual report required by Subsection (a) must be in the form and reported in the time provided by the General Appropriations Act.
(c)  The department shall:
(1)  send a copy of the annual report required by Subsection (a) to the insurance commissioner or other similar officer of every state;  and
(2)  on request, send a copy to any company doing business in this state.
(d)  The department shall print a separate premium and loss report that contains and arranges in tabular form the premium and loss information contained in the annual statements for companies doing business in this state.
(e)  The department shall file the report required by Subsection (d) with the Legislative Reference Library and the Texas State Library with the annual report required by Subsection (a).
(f)  The department shall notify the legislature of the availability of the reports required by this section.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 76, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter B. Reports › Section 32.022. Biennial Report to Legislature

Sec. 32.022.  BIENNIAL REPORT TO LEGISLATURE.  (a)  On or before December 31 of each even-numbered year, the department shall submit to the appropriate committees of each house of the legislature a written report that indicates any needed changes in the laws relating to regulation of the insurance industry or any other industry or occupation under the jurisdiction of the department and that states the reasons for the needed changes.
(b)  If the commissioner determines that any capital or surplus requirements established by this code for any insurance companies are inadequate, the department shall:
(1)  include in the biennial report specific recommendations relating to the amounts at which the capital or surplus requirements should be set and the findings and evidence on which those recommendations are based;  and
(2)  submit the biennial report to the governor.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter B. Reports › Section 32.023. Reports to Other States

Sec. 32.023.  REPORTS TO OTHER STATES.  On request, the department shall provide to the insurance commissioner or other similar officer of another state information relating to a company of this state that does business in the other state if:
(1)  the other state has enacted the substantial provisions of the insurance laws of this state;  and
(2)  the commissioner or other similar officer has a legal duty to obtain the information.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter C. Forms › Section 32.041. Forms

Sec. 32.041.  FORMS.  The department shall furnish to the companies required to report to the department the necessary forms for the required statements.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter D. Internet Access to Certain Information › Section 32.101. Applicability of Subchapter

Sec. 32.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to insurers who comprise the top 25 insurance groups in the national market and who issue residential property insurance or personal automobile insurance policies in this state, including a Lloyd's plan, a reciprocal or interinsurance exchange, a county mutual insurance company, a farm mutual insurance company, the Texas Windstorm Insurance Association, the FAIR Plan Association, and the Texas Automobile Insurance Plan Association.
Added by Acts 2007, 80th Leg., R.S., Ch. 151 (S.B. 611), Sec. 1, eff. May 21, 2007.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter D. Internet Access to Certain Information › Section 32.103. Public Information Concerning Internet Website

Sec. 32.103.  PUBLIC INFORMATION CONCERNING INTERNET WEBSITE.  The department shall publicize the existence of the Internet website required by this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 151 (S.B. 611), Sec. 1, eff. May 21, 2007.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter D. Internet Access to Certain Information › Section 32.104. Duties of Insurer

Sec. 32.104.  DUTIES OF INSURER.  (a)  On the request of the department, an insurer shall provide to the department any information the department and the office of public insurance counsel determine is reasonable or necessary to fulfill the department's and the office of the public insurance counsel's duties under this subchapter.
(b)  An insurer shall provide in a conspicuous manner with each residential property insurance or personal automobile insurance policy issued in this state notice of the Internet website required by this subchapter.  The commissioner shall determine the form and content of the notice.
Added by Acts 2007, 80th Leg., R.S., Ch. 151 (S.B. 611), Sec. 1, eff. May 21, 2007.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter E. Rules Regarding Use of Advisory Committees › Section 32.151. Rulemaking Authority

Sec. 32.151.  RULEMAKING AUTHORITY.  (a)  The commissioner shall adopt rules, in compliance with Section 39.003 of this code and Chapter 2110, Government Code, regarding the purpose, structure, and use of advisory committees by the commissioner, the state fire marshal, or department staff, including rules governing an advisory committee's:
(1)  purpose, role, responsibility, and goals;
(2)  size and quorum requirements;
(3)  qualifications for membership, including experience requirements and geographic representation;
(4)  appointment procedures;
(5)  terms of service;
(6)  training requirements; and
(7)  duration.
(b)  An advisory committee must be structured and used to advise the commissioner, the state fire marshal, or department staff.  An advisory committee may not be responsible for rulemaking or policymaking.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 2.001, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter E. Rules Regarding Use of Advisory Committees › Section 32.152. Periodic Evaluation

Sec. 32.152.  PERIODIC EVALUATION.  The commissioner shall by rule establish a process by which the department shall periodically evaluate an advisory committee to ensure its continued necessity.  The department may retain or develop committees as appropriate to meet changing needs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 2.001, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 32 - Administrative Powers and Duties › Subchapter E. Rules Regarding Use of Advisory Committees › Section 32.153. Compliance With Open Meetings Act

Sec. 32.153.  COMPLIANCE WITH OPEN MEETINGS ACT.  A department advisory committee must comply with Chapter 551, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 2.001, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 33 - Standards of Conduct › Section 33.001. Application of Law Relating to Ethical Conduct

Sec. 33.001.  APPLICATION OF LAW RELATING TO ETHICAL CONDUCT.  The commissioner and each employee or agent of the department is subject to the code of ethics and the standard of conduct imposed by Chapter 572, Government Code, and any other law regulating the ethical conduct of state officers and employees.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 33 - Standards of Conduct › Section 33.002. Insurance Business Interest; Service as Commissioner

Sec. 33.002.  INSURANCE BUSINESS INTEREST;  SERVICE AS COMMISSIONER.  (a)  A person is not eligible for appointment as commissioner if the person, the person's spouse, or any other person who resides in the same household as the person:
(1)  is registered, certified, or licensed by the department;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the department;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the department;  or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law.
(b)  A person is not eligible for appointment as commissioner if the person:
(1)  is a stockholder, director, officer, attorney, agent, or employee of an insurance company, insurance agent, insurance broker, or insurance adjuster;  or
(2)  is directly or indirectly interested in a business described by Subdivision (1).
(c)  Subsection (b) does not apply to:
(1)  a person solely because the person is insured by an insurer or is the beneficiary of insurance;  or
(2)  a person who:
(A)  is appointed as a receiver, liquidator, supervisor, or conservator of an insurer;  or
(B)  is an employee of a receiver, liquidator, supervisor, or conservator of an insurer with respect to duties under that employment.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 33 - Standards of Conduct › Section 33.003. Insurance Business Interest; Employee

Sec. 33.003.  INSURANCE BUSINESS INTEREST;  EMPLOYEE.  (a)  A person who is a director, officer, attorney, agent, or employee of an insurance company, insurance agent, insurance broker, or insurance adjuster may not be employed by the department.
(b)  A person who resides in the same household as a person who is an officer, managerial employee, or paid consultant in the insurance industry may not be employed in an exempt salary position as defined by the General Appropriations Act.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 33 - Standards of Conduct › Section 33.004. Trade Associations

Sec. 33.004.  TRADE ASSOCIATIONS.  (a)  A person who is an officer, employee, or paid consultant of a trade association in the field of insurance may not be:
(1)  the commissioner;  or
(2)  an employee of the department who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(b)  A person who is the spouse of an officer, manager, or paid consultant of a trade association in the field of insurance may not be:
(1)  the commissioner;  or
(2)  an employee of the department who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(c)  In this section, "trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 33 - Standards of Conduct › Section 33.005. Lobbying Activities

Sec. 33.005.  LOBBYING ACTIVITIES.  A person may not serve as the commissioner or act as the general counsel to the commissioner if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 33 - Standards of Conduct › Section 33.006. Former Service

Sec. 33.006.  FORMER SERVICE.  A person may not serve as the commissioner if the person served as a member of the State Board of Insurance.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 33 - Standards of Conduct › Section 33.007. Prohibited Representation

Sec. 33.007.  PROHIBITED REPRESENTATION.  (a)  A person who served as the commissioner, the general counsel to the commissioner, or the public insurance counsel, or as an employee of the State Office of Administrative Hearings who was involved in hearing cases under this code, another insurance law of this state, or Title 5, Labor Code, commits an offense if the person represents another person in a matter before the department or receives compensation for services performed on behalf of another person regarding a matter pending before the department during the one-year period after the date the person ceased to be the commissioner, the general counsel to the commissioner, the public insurance counsel, or an employee of the State Office of Administrative Hearings.
(b)  A person who served as a member of the State Board of Insurance or as a staff employee of a member of the State Board of Insurance, or who served as the commissioner, the general counsel to the commissioner, or the public insurance counsel or as an employee of the department or the State Office of Administrative Hearings, commits an offense if, after the person ceased to serve, the person represents another person or receives compensation for services performed on behalf of another person regarding a matter with which the person was directly concerned during the person's service.  For purposes of this subsection, a person was directly concerned with a matter if the person had personal involvement with the matter or if the matter was within the scope of the person's official responsibility.
(c)  An offense under this section is a Class A misdemeanor.
(d)  This section does not apply to a department employee whose position is eliminated as a direct result of a reduction in the department's workforce.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.054, eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 34 - Immunity From Liability › Section 34.001. Personal Immunity

Sec. 34.001.  PERSONAL IMMUNITY.  A person who is the commissioner or an employee of the department is not personally liable in a civil action for:
(1)  an act performed in good faith within the scope of that person's authority;  or
(2)  damages caused by an official act or omission of that person unless the act or omission is corrupt or malicious.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 34 - Immunity From Liability › Section 34.002. Immunity for Furnishing Information Relating to Fraud

Sec. 34.002.  IMMUNITY FOR FURNISHING INFORMATION RELATING TO FRAUD.  (a)  A person is not liable in a civil action, including an action for libel or slander, and a civil action may not be brought against the person, for furnishing information relating to suspected, anticipated, or completed fraudulent insurance acts if the information is provided to or received from:
(1)  the commissioner or an employee of the department;
(2)  a law enforcement agency of this state, of another state, or of the United States or an employee of the agency;
(3)  the National Association of Insurance Commissioners or an employee of the association;  or
(4)  a state or federal governmental agency established to detect and prevent fraudulent insurance acts or to regulate the business of insurance or an employee of the agency.
(b)  A person may furnish information as described in Subsection (a) orally or in writing, including through publishing, disseminating, or filing bulletins or reports.
(c)  Subsection (a) does not apply to a person who acts with malice, fraudulent intent, or bad faith.
(d)  A person to whom Subsection (a) applies who prevails in a civil action arising from the furnishing of information as described in Subsection (a) is entitled to attorney's fees and costs if the action was not substantially justified.  In this subsection, "substantially justified" means there was a reasonable basis in law or fact to bring the action at the time the action was initiated.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 34 - Immunity From Liability › Section 34.003. Immunity for Investigations and Related Reports

Sec. 34.003.  IMMUNITY FOR INVESTIGATIONS AND RELATED REPORTS.  (a)  A person who is the commissioner or an employee, agent, or designee of the department is not liable in a civil action, including an action for libel or slander, because of:
(1)  an investigation of a violation of this code or an alleged fraudulent insurance act;  or
(2)  the publication or dissemination of an official report related to the investigation.
(b)  Subsection (a) does not apply to a person who acts with malice.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 34 - Immunity From Liability › Section 34.004. Immunity for Use of Annual Statement Information

Sec. 34.004.  IMMUNITY FOR USE OF ANNUAL STATEMENT INFORMATION.  (a)  A person is not liable in a civil action, including an action for libel or slander, for collecting, reviewing, analyzing, disseminating, or reporting information collected from annual statements filed under Chapter 802 if the person is:
(1)  the department, the commissioner, or an employee of the department;
(2)  a member or employee of or delegate to the National Association of Insurance Commissioners or an authorized committee, subcommittee, or task force of that association; or
(3)  another person who is responsible for collecting, reviewing, analyzing, and disseminating information from filed annual statement convention blanks.
(b)  Subsection (a) does not apply to a person who acts with malice.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 34 - Immunity From Liability › Section 34.005. Effect of Chapter on Other Immunity

Sec. 34.005.  EFFECT OF CHAPTER ON OTHER IMMUNITY.  This chapter does not affect or modify any common law or statutory privilege or immunity.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 35 - Electronic Transactions › Section 35.001. Definitions

Sec. 35.001.  DEFINITIONS.  In this chapter:
(1)  "Conduct business" includes engaging in or transacting any business in which a regulated entity is authorized to engage or is authorized to transact under the law of this state.
(2)  "Regulated entity" means each insurer, organization, person, or program regulated by the department, including:
(A)  a domestic or foreign, stock or mutual, life, health, or accident insurance company;
(B)  a domestic or foreign, stock or mutual, fire or casualty insurance company;
(C)  a Mexican casualty company;
(D)  a domestic or foreign Lloyd's plan;
(E)  a domestic or foreign reciprocal or interinsurance exchange;
(F)  a domestic or foreign fraternal benefit society;
(G)  a domestic or foreign title insurance company;
(H)   a stipulated premium company;
(I)  a nonprofit legal service corporation;
(J)  a health maintenance organization;
(K)  a statewide mutual assessment company;
(L)  a local mutual aid association;
(M)  a local mutual burial association;
(N)  an association exempt under Section 887.102;
(O)  a nonprofit hospital, medical, or dental service corporation, including a company subject to Chapter 842;
(P)  a county mutual insurance company;
(Q)  a farm mutual insurance company; and
(R)  an agency or agent of an insurer, organization, person, or program described by this subdivision.
(3)  "Deliver by electronic means" means:
(A)  deliver to an e-mail address at which a party has consented to receive notices, documents, or information; or
(B)  post on an electronic network or Internet website accessible by an electronic device, including a computer, mobile device, or tablet, and deliver notice of the posting to an e-mail address at which the party has consented to receive notices.
(4)  "Party" means a recipient, including an applicant, insured, policyholder, enrollee, or annuity contract holder, of a notice or document or of information required as part of an insurance transaction.
(4-a)  "Plan sponsor" means a person, other than a regulated entity, who establishes, adopts, or maintains a health benefit plan, including a vision or dental benefit plan, that covers residents of this state, including a plan established, adopted, or maintained by an employer or jointly by an employer and one or more employee organizations, an association, a committee, a joint board of trustees, or any similar group of representatives who establish, adopt, or maintain a plan.
(5)  "Written communication" means a notice or document or other information provided in writing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 6.001, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 602 (S.B. 1074), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 5.001, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 976 (S.B. 2124), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 35 - Electronic Transactions › Section 35.002. Construction With Other Law

Sec. 35.002.  CONSTRUCTION WITH OTHER LAW.  (a)  Notwithstanding any other provision of this code, a regulated entity may conduct business electronically in accordance with this chapter and the rules adopted under Section 35.004.
(b)  To the extent of any conflict between another provision of this code and a provision of this chapter, the provision of this chapter controls.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 6.001, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 35 - Electronic Transactions › Section 35.003. Electronic Transactions Authorized

Sec. 35.003.  ELECTRONIC TRANSACTIONS AUTHORIZED.  (a)  Subject to Section 35.004, a regulated entity may conduct business electronically to the same extent that the entity is authorized to conduct business otherwise if before the conduct of business:
(1)  each party to the business agrees to conduct the business electronically; or
(2)  each other party to the business has been given notice by the entity that the business will be conducted electronically and has not requested that the business be conducted in nonelectronic form.
(b)  If a regulated entity provides notice under Subsection (a)(2) and the other party does not opt out of conducting business electronically, the other party is considered to have agreed to conduct business electronically for the purposes of Chapter 322, Business & Commerce Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 6.001, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 309 (H.B. 1040), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 35 - Electronic Transactions › Section 35.0041. Consent to Electronic Delivery by Plan Sponsor

Sec. 35.0041.  CONSENT TO ELECTRONIC DELIVERY BY PLAN SPONSOR.  (a)  The plan sponsor of a health benefit plan, including a vision or dental benefit plan, may, on behalf of a party enrolled in the plan, give consent under Section 35.004(c)(1)(A).
(b)  Before consenting on behalf of a party, a plan sponsor must:
(1)  provide the party with the statements required by Sections 35.004(c)(2) and (c)(3)(A);
(2)  confirm that the party routinely uses electronic communications during the normal course of employment; and
(3)  provide the party an opportunity to opt out of delivery by electronic means.
Added by Acts 2021, 87th Leg., R.S., Ch. 976 (S.B. 2124), Sec. 2, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 309 (H.B. 1040), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 35 - Electronic Transactions › Section 35.0045. Rules

Sec. 35.0045.  RULES.   The commissioner shall adopt rules necessary to implement and enforce this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 602 (S.B. 1074), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 35 - Electronic Transactions › Section 35.005. Exemption From Certain Federal Laws

Sec. 35.005.  EXEMPTION FROM CERTAIN FEDERAL LAWS.  This chapter modifies, limits, or supersedes the provisions of the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) as authorized by Section 102 of that Act (15 U.S.C. Section 7002).
Added by Acts 2013, 83rd Leg., R.S., Ch. 602 (S.B. 1074), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter A. Rules › Section 36.001. General Rulemaking Authority

Sec. 36.001.   GENERAL RULEMAKING AUTHORITY.  (a)  The commissioner may adopt any rules necessary and appropriate to implement the powers and duties of the department under this code and other laws of this state.
(b)  Rules adopted under this section must have general and uniform application.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 206, Sec. 15.01, eff. June 11, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter A. Rules › Section 36.002. Additional Rulemaking Authority

Sec. 36.002.  ADDITIONAL RULEMAKING AUTHORITY.  The commissioner may adopt reasonable rules that are:
(1)  necessary to effect the purposes of a provision of:
(A)  Subchapter B, Chapter 5;
(B)  Subchapter C, Chapter 1806;
(C)  Subchapter A, Chapter 2301;
(D)  Chapter 251, as that chapter relates to casualty insurance and fidelity, guaranty, and surety bond insurance;
(E)  Chapter 253;
(F)  Chapter 2008, 2251, or 2252; or
(G)  Subtitle B, Title 10; or
(2)  appropriate to accomplish the purposes of a provision of:
(A)  Section 37.051(a), 403.002, 501.159, 941.003(b)(1) or (c), or 942.003(b)(1) or (c);
(B)  Subchapter H, Chapter 544;
(C)  Chapter 251, as that chapter relates to:
(i)  automobile insurance;
(ii)  casualty insurance and fidelity, guaranty, and surety bond insurance;
(iii)  fire insurance and allied lines;
(iv)  workers' compensation insurance; or
(v)  aircraft insurance;
(D)  Chapter 5, 252, 253, 254, 255, 256, 426, 493, 494, 1804, 1805, 1806, 2171, 6001, 6002, or 6003;
(E)  Subtitle B, C, D, E, F, H, or I, Title 10;
(F)  Section 417.008, Government Code; or
(G)  Chapter 2154, Occupations Code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 11, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.002, eff. April 1, 2009.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(d), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(d), eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 594 (S.B. 1070), Sec. 3.01, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter A. Rules › Section 36.003. Rules Restricting Advertising or Competitive Bidding

Sec. 36.003.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  The commissioner may not adopt rules restricting advertising or competitive bidding by a person regulated by the department except to prohibit false, misleading, or deceptive practices by the person.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter A. Rules › Section 36.004. Compliance With National Association of Insurance Commissioners Requirements; Rules

Sec. 36.004.  COMPLIANCE WITH NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS REQUIREMENTS; RULES.  (a)  Except as provided by Subsection (c) and Section 36.005, the department may not require an insurer to comply with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners, including a rule, regulation, directive, or standard relating to policy reserves, unless application of the rule, regulation, directive, or standard is expressly authorized by statute.
(b)  For purposes of Subsection (a), a version of a rule, regulation, directive, or standard is expressly authorized by statute if:
(1)  the statute explicitly authorizes the commissioner to adopt rules consistent with the rule, regulation, directive, or standard; or
(2)  that version is the latest version of the rule, regulation, directive, or standard on the date that the statute was enacted.
(c)  The commissioner may adopt a rule to require compliance with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners if:
(1)  the commissioner finds the rule is technical or nonsubstantive in nature or necessary to preserve the department's accreditation; and
(2)  before the adoption of the rule, the commissioner provides the standing committees of the senate and house of representatives with primary jurisdiction over the department with written notice of the commissioner's intent to adopt the rule.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 206, Sec. 15.02, eff. June 11, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 752 (S.B. 1450), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter A. Rules › Section 36.005. Interim Rules to Comply With Federal Requirements

Sec. 36.005.  INTERIM RULES TO COMPLY WITH FEDERAL REQUIREMENTS.  (a)  The commissioner may adopt rules to implement state responsibility in compliance with a federal law or regulation or action of a federal court relating to a person or activity under the jurisdiction of the department if:
(1)  federal law or regulation, or an action of a federal court, requires:
(A)  a state to adopt the rules;  or
(B)  action by a state to ensure protection of the citizens of the state;
(2)  the rules will avoid federal preemption of state insurance regulation;  or
(3)  the rules will prevent the loss of federal funds to this state.
(b)  The commissioner may adopt a rule under this section only if the federal action requiring the adoption of a rule occurs or takes effect between sessions of the legislature or at such time during a session of the legislature that sufficient time does not remain to permit the preparation of a recommendation for legislative action or permit the legislature to act.  A rule adopted under this section shall remain in effect only until 30 days following the end of the next session of the legislature unless a law is enacted that authorizes the subject matter of the rule.  If a law is enacted that authorizes the subject matter of the rule, the rule will continue in effect.
Added by Acts 2003, 78th Leg., ch. 206, Sec. 15.03, eff. June 11, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter A. Rules › Section 36.007. Rules Relating to Agreements Limiting State Authority to Regulate Insurance Prohibited; Effect of Agreement

Sec. 36.007.  RULES RELATING TO AGREEMENTS LIMITING STATE AUTHORITY TO REGULATE INSURANCE PROHIBITED; EFFECT OF AGREEMENT.  (a)  The commissioner may not adopt or enforce a rule that implements an interstate, national, or international agreement that:
(1)  infringes on the authority of this state to regulate the business of insurance in this state; and
(2)  was not approved by the legislature.
(b)  An agreement described by Subsection (a) has no effect on the authority of this state to regulate the business of insurance in this state unless the agreement is approved by the legislature.
Added by Acts 2017, 85th Leg., R.S., Ch. 752 (S.B. 1450), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.101. Applicability of Certain Laws

Sec. 36.101.  APPLICABILITY OF CERTAIN LAWS.  Except as specifically provided by law, the department is subject to Chapters 2001 and 2002, Government Code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.102. Summary Procedures for Routine Matters

Sec. 36.102.  SUMMARY PROCEDURES FOR ROUTINE MATTERS.  (a)  The commissioner by rule may:
(1)  create a summary procedure for routine matters;  and
(2)  designate department activities that otherwise would be subject to Chapter 2001, Government Code, as routine matters to be handled under the summary procedure.
(b)  An activity may be designated as a routine matter only if the activity is:
(1)  voluminous;
(2)  repetitive;
(3)  believed to be noncontroversial;  and
(4)  of limited interest to anyone other than persons immediately involved in or affected by the proposed department action.
(c)  The rules may establish procedures different from those contained in Chapter 2001, Government Code.  The procedures must require, for each party directly involved, notice of a proposed negative action not later than the fifth day before the date the action is proposed to be taken.
(d)  The rules may provide for the delegation of authority to take action on a routine matter to a salaried employee of the department designated by the commissioner.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.103. Review of Action on Routine Matter

Sec. 36.103.  REVIEW OF ACTION ON ROUTINE MATTER.  (a)  A person directly or indirectly affected by an action of the commissioner or the department on a routine matter taken under the summary procedure adopted under Section 36.102 is entitled to a review of the action under Chapter 2001, Government Code.
(b)  The person must apply to the commissioner not later than the 60th day after the date of the action to be entitled to the review.
(c)  The timely filing of the application for review immediately stays the action pending a hearing on the merits.
(d)  The commissioner may adopt rules relating to an application for review under this section and consideration of the application.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.104. Informal Disposition of Certain Contested Cases

Sec. 36.104.  INFORMAL DISPOSITION OF CERTAIN CONTESTED CASES.  (a)  The commissioner may, on written agreement or stipulation of each party and any intervenor, informally dispose of a contested case in accordance with Section 2001.056, Government Code, notwithstanding any provision of this code that requires a hearing before the commissioner.
(b)  This section does not apply to a contested case under Title 5, Labor Code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.055, eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.105. Newspaper Publication

Sec. 36.105.  NEWSPAPER PUBLICATION.  Except as otherwise provided by law, a notice or other matter that this code requires to be published must be published for three successive weeks in two newspapers that:
(1)  are printed in this state;  and
(2)  have a general circulation in this state.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.106. Waiver of Certain Notice Requirements

Sec. 36.106.  WAIVER OF CERTAIN NOTICE REQUIREMENTS.  The commissioner may, on written agreement or stipulation of each party and any intervenor, waive or modify the notice publication requirement of Section 822.059, 822.157, 841.060, or 884.058.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.003, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.107. Acceptance of Actuarial Opinion

Sec. 36.107.  ACCEPTANCE OF ACTUARIAL OPINION.  An opinion of an actuary requested by the commissioner under this code, another insurance law of this state, or a rule of the commissioner is presumed to be accurate and valid, and the department shall accept the opinion unless controverted.  The department may employ, at the department's expense, another actuary to provide an alternative opinion.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.108. Filing Date of Report, Financial Statement, or Payment Delivered by Postal Service

Sec. 36.108.  FILING DATE OF REPORT, FINANCIAL STATEMENT, OR PAYMENT DELIVERED BY POSTAL SERVICE.  Except as otherwise specifically provided, for a report, financial statement, or payment that is required to be filed or made in the offices of the commissioner and that is delivered by the United States Postal Service to the offices of the commissioner after the date on which the report, financial statement, 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, financial statement, or payment is mailed;  or
(2)  any other evidence of mailing authorized by the postal service reflected on the cover in which the report, financial statement, or payment is mailed.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 10, eff. April 1, 2005.