reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter B. Agent Continuing Education Requirements › Section 4004.055. Consequences of Failure to Complete Continuing Education Requirement

Sec. 4004.055.  CONSEQUENCES OF FAILURE TO COMPLETE CONTINUING EDUCATION REQUIREMENT.  (a)  The department may not renew a license issued under this title if the license holder fails to:
(1)  complete an applicable continuing education requirement not later than the 90th day after the last day of the licensing period; or
(2)  pay an applicable fine related to the failure to timely complete continuing education.
(b)  The department may not issue a new license under this title to an individual who was previously licensed under this title if the individual fails to:
(1)  provide evidence of completion of an applicable continuing education requirement for the expired, nonrenewed, canceled, or revoked license; or
(2)  pay an applicable fine related to the failure to timely complete continuing education.
(c)  Completion of continuing education after expiration of a license is not a defense in a disciplinary action under Section 4005.101, Section 4005.109, or another provision of this code against an individual who failed to complete continuing education as required by this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter C. Continuing Education Programs › Section 4004.101. Program Certification

Sec. 4004.101.  PROGRAM CERTIFICATION.  (a)  The department shall certify continuing education programs for agents and adjusters.  The certification criteria must be designed to ensure that continuing education programs enhance the knowledge, understanding, and professional competence of the license holder.
(b)  Only a program that satisfies the criteria established by rule by the commissioner may receive certification.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter C. Continuing Education Programs › Section 4004.102. Certification Fee

Sec. 4004.102.  CERTIFICATION FEE.  (a)  A nonrefundable certification fee, in an amount set by the commissioner as necessary to administer this chapter, must accompany each application for certification of a continuing education program.
(b)  The commissioner by rule shall establish the certification fee based on a graduated scale according to the number of hours required to complete the program.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter C. Continuing Education Programs › Section 4004.103. Provider Registration; Other Requirements

Sec. 4004.103.  PROVIDER REGISTRATION;  OTHER REQUIREMENTS.  (a)  Each continuing education program provider shall register with the department as a course provider.
(b)  The department shall assess a registration fee for each application for registration as a course provider, set by the commissioner in an amount necessary for the proper administration of this chapter.
(c)  The commissioner may adopt rules establishing other requirements for continuing education program providers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter C. Continuing Education Programs › Section 4004.104. Independent Contractors

Sec. 4004.104.  INDEPENDENT CONTRACTORS.  (a)  The department may enter into agreements with independent contractors under which the independent contractor certifies and registers continuing education programs and providers.
(b)  The department may require the independent contractors to correspond directly with providers with regard to the administration of continuing education programs.  The contractors may collect fees from the providers for administration of the courses.
(c)  Notwithstanding Subsections (a) and (b), the department retains the authority to establish the scope and type of continuing education requirements for each type of license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter C. Continuing Education Programs › Section 4004.105. Adjuster Continuing Education Program Contents

Sec. 4004.105.  ADJUSTER CONTINUING EDUCATION PROGRAM CONTENTS.  A continuing education program for adjusters licensed under Chapter 4101 must include education relating to:
(1)  Chapter 541;
(2)  Chapter 547;
(3)  Subchapter A, Chapter 542;
(4)  Subchapter E, Chapter 17, Business & Commerce Code; and
(5)  any other similar laws specified by the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter D. Agent Education Programs › Section 4004.151. Agent Education Programs

Sec. 4004.151.  AGENT EDUCATION PROGRAMS.  The department shall administer continuing education and precertification training programs required by rules adopted under Chapter 4008.
Added by Acts 2009, 81st Leg., R.S., Ch. 451 (H.B. 2456), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter D. Agent Education Programs › Section 4004.152. Program Administration

Sec. 4004.152.  PROGRAM ADMINISTRATION.  (a)  The department shall administer a program described by Section 4004.151 in a manner consistent with the administration of continuing education programs under Subchapter C.
(b)  The department may enter into agreements with independent contractors for programs described by Section 4004.151 in the manner prescribed by Section 4004.104 for continuing education programs.
Added by Acts 2009, 81st Leg., R.S., Ch. 451 (H.B. 2456), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter E. Continuing Education Requirements for Sale of Annuities › Section 4004.201. Definition

Sec. 4004.201.  DEFINITION.  In this subchapter, "annuity" has the meaning assigned by Section 1115.002.
Added by Acts 2009, 81st Leg., R.S., Ch. 362 (H.B. 1294), Sec. 1.002, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter E. Continuing Education Requirements for Sale of Annuities › Section 4004.202. Required Continuing Education Regarding Annuities

Sec. 4004.202.  REQUIRED CONTINUING EDUCATION REGARDING ANNUITIES.  (a)  This section applies to a resident agent who:
(1)  sells, solicits, or negotiates a contract for an annuity in this state; or
(2)  represents or purports to represent an insurer in relation to such an annuity.
(b)  Each agent described by Subsection (a) must complete eight hours of continuing education that specifically relates to annuities during the agent's two-year licensing period.
(c)  The continuing education required under this section may be used to satisfy the continuing education requirements under Subchapter B.
Added by Acts 2009, 81st Leg., R.S., Ch. 362 (H.B. 1294), Sec. 1.002, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 998 (H.B. 2154), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter E. Continuing Education Requirements for Sale of Annuities › Section 4004.203. Program Certification Requirements

Sec. 4004.203.  PROGRAM CERTIFICATION REQUIREMENTS.  (a)   The commissioner by rule shall adopt criteria for continuing education programs used to satisfy the requirements of Section 4004.202.  Those criteria must include:
(1)  topics related specifically to annuities;
(2)  state laws and rules related to annuities, including requirements adopted under Chapter 1115;
(3)  prohibited sales practices regarding annuities;
(4)  recognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an annuity; and
(5)  fraudulent and unfair trade practices regarding the sale of annuities.
(b)  Subject matter determined by the commissioner to be primarily intended to promote the sale or marketing of annuities does not qualify as continuing education for purposes of this subchapter.
(c)  Subchapter C applies to continuing education programs described by Subsection (a) and training under Section 1115.056.   Any training program disapproved under Subsection (b) shall be presumed invalid for certification under Subchapter C unless the program is approved in writing by the commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch. 362 (H.B. 1294), Sec. 1.002, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter F. Additional Continuing Education Requirements › Section 4004.251. Definitions

Sec. 4004.251.  DEFINITIONS.  In this subchapter:
(1)  "Medicare advantage plan" means a health benefit plan operated under the Medicare program as a managed care plan, special needs plan, or private fee-for-service plan.
(2)  "Medicare program" means the federal health insurance program that is operated under the Health Insurance for the Aged Act (42 U.S.C. Section 1395 et seq.).
(3)  "Medicare-related product" means a Medicare advantage plan, a Medicare prescription drug plan, or another health plan operated under the Medicare program, such as a Medicare cost plan or a Medicare demonstration plan.  The term does not include a Medicare supplement benefit plan regulated under Chapter 1652.
Redesignated from Insurance Code, Subchapter D, Chapter 4004 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(41), eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter F. Additional Continuing Education Requirements › Section 4004.252. Agent Education Requirements

Sec. 4004.252.  AGENT EDUCATION REQUIREMENTS.  (a)  Unless an agent has completed eight hours of professional training related to a Medicare-related product, an agent may not:
(1)  sell, solicit, negotiate, or receive an application or contract for the Medicare-related product in this state; or
(2)  represent an insurer in relation to the Medicare-related product in this state.
(b)  The training required under Subsection (a) may be used to satisfy the continuing education requirements established under Subchapter B.
Redesignated from Insurance Code, Subchapter D, Chapter 4004 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(41), eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter F. Additional Continuing Education Requirements › Section 4004.253. Required Continuing Education Regarding Medicare Products

Sec. 4004.253.  REQUIRED CONTINUING EDUCATION REGARDING MEDICARE PRODUCTS.  (a)  This section applies to an agent who:
(1)  solicits, negotiates, procures, or collects a premium on a Medicare-related product; or
(2)  represents or purports to represent an insurer, a health maintenance organization, or a preferred provider organization in relation to such a Medicare-related product.
(b)  Each agent described by Subsection (a) must complete four hours of continuing education that specifically relates to Medicare-related products during the agent's two-year licensing period.
(c)  Only training in a program that has been certified by the department may be used to satisfy the requirements of Subsection (b).
(d)  The continuing education required under Subsection (b) may be used to satisfy the continuing education requirements established under Subchapter B.
Redesignated from Insurance Code, Subchapter D, Chapter 4004 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(41), eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter F. Additional Continuing Education Requirements › Section 4004.254. Program Certification Requirements

Sec. 4004.254.  PROGRAM CERTIFICATION REQUIREMENTS.  (a)  Subchapter C, including the authorization to contract with an independent contractor under Section 4004.104, applies to programs used to satisfy the requirements of Sections 4004.252 and 4004.253.  For the purpose of administering this subchapter, professional training courses shall be considered to be continuing education courses under Subchapter C.
(b)  The commissioner by rule shall adopt criteria for the programs used to satisfy the requirements of Sections 4004.252 and 4004.253 that are designed to ensure that an agent has knowledge, understanding, and professional competence concerning a Medicare-related product.  The rules adopted under this subsection may incorporate by reference any requirements established by the Centers for Medicare and Medicaid Services or any other appropriate federal agency.
Redesignated from Insurance Code, Subchapter D, Chapter 4004 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(41), eff. September 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(13), eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4004 - Continuing Education › Subchapter F. Additional Continuing Education Requirements › Section 4004.255. Nonapplication of Certain Exemptions

Sec. 4004.255.  NONAPPLICATION OF CERTAIN EXEMPTIONS.  The continuing education exemptions for certain agents established under Section 4004.052(b) and Section 9.02(e), Chapter 703 (S.B. 414), Acts of the 77th Legislature, Regular Session, 2001, do not apply to requirements under this subchapter.
Redesignated from Insurance Code, Subchapter D, Chapter 4004 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(41), eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter A. Authorized Conduct › Section 4005.001. Definition

Sec. 4005.001.  DEFINITION.  In this subchapter, "client" means:
(1)  an applicant for insurance coverage;  or
(2)  an insured.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter A. Authorized Conduct › Section 4005.002. Authorization to Obtain Certain Records or Photographs

Sec. 4005.002.  AUTHORIZATION TO OBTAIN CERTAIN RECORDS OR PHOTOGRAPHS.  (a)  In connection with a client's application for insurance coverage or with the issuance of an insurance policy to a client, or on a client's request, a general property and casualty agent or personal lines property and casualty agent may obtain:
(1)  the motor vehicle record of a person insured under or to be insured under an insurance policy; or
(2)  a photograph of property insured under or to be insured under an insurance policy.
(b)  The agent must provide a copy of the motor vehicle record to the client.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.21, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter A. Authorized Conduct › Section 4005.003. Fees

Sec. 4005.003.  FEES.  (a)  A general property and casualty agent or personal lines property and casualty agent may charge a client a fee to reimburse the agent for costs the agent incurred in obtaining a motor vehicle record or photograph of property described under Section 4005.002.  The fee may not exceed the actual costs to the agent.
(b)  For services provided to a client, a property and casualty agent described by Subsection (a) may charge a reasonable fee, including a fee for:
(1)  special delivery or postal charges;
(2)  printing or reproduction costs;
(3)  electronic mail costs;
(4)  telephone transmission costs; and
(5)  similar costs that the agent incurs on behalf of the client.
(c)  A property and casualty agent described by Subsection (a) may charge a client a fee under this section only if, before the agent incurs an expense for the client, the agent:
(1)  notifies the client of the agent's fee; and
(2)  obtains the client's written consent for each fee to be charged.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.22, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter B. Prohibited Conduct › Section 4005.051. Applicability of Subchapter

Sec. 4005.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter does not apply to a person who holds a license or certificate of authority issued under Title 11.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter B. Prohibited Conduct › Section 4005.052. Certain Conduct Prohibited After Revocation of License

Sec. 4005.052.  CERTAIN CONDUCT PROHIBITED AFTER REVOCATION OF LICENSE.  A person whose insurance license has been revoked in this state or any other state may not:
(1)  solicit or otherwise engage in business under Chapter 885 unless the department determines it to be in the public interest, for good cause shown, to permit the person to act in that capacity;  or
(2)  act as an officer, director, member, manager, or partner, or as a shareholder with a controlling interest, of an entity holding a license issued under this title unless the department determines it to be in the public interest, for good cause shown, to permit the person to act in that capacity.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter B. Prohibited Conduct › Section 4005.053. Certain Payments Prohibited to or From Person Not Holding License

Sec. 4005.053.  CERTAIN PAYMENTS PROHIBITED TO OR FROM PERSON NOT HOLDING LICENSE.  (a)  An insurer or agent engaged in the business of insurance in this state may not pay to any person, directly or indirectly, and may not accept from any person a commission or other valuable consideration for a service performed by that person as an agent in this state unless the person holds a license to act as an agent in this state.
(b)  Subsection (a) does not prevent the payment of a renewal or other deferred commission to a person or the acceptance of a renewal or other deferred compensation by a person solely because the person no longer holds a license to act as an agent.
(c)  An agent may not pay, permit, or give or offer to pay, permit, or give, directly or indirectly, to any person who does not hold a license as an agent:
(1)  a rebate of premiums payable, a commission, employment, a contract for service, or any other valuable consideration or inducement that is not specified in the insurance policy or contract for or on account of the solicitation or negotiation of an insurance contract;  or
(2)  a fee or other valuable consideration for referring a customer who seeks to purchase an insurance product or seeks an opinion on or advice regarding an insurance product, based on that customer's purchase of insurance.
(d)  Subsection (c) does not prohibit an agent from, in connection with an offer or sale of an insurance policy or contract, giving, providing, or allowing or offering to give, provide, or allow an item that is a promotional advertising item, educational item, or traditional courtesy commonly extended to consumers and that is valued at $25 or less.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 28 (S.B. 840), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter B. Prohibited Conduct › Section 4005.054. Receiving Additional Fee Prohibited

Sec. 4005.054.  RECEIVING ADDITIONAL FEE PROHIBITED.  A person who holds a license under this code and receives a commission or other consideration for services as an agent may not receive an additional fee for those services provided to the same client except for a fee:
(1)  described by Section 550.001 or 4005.003; and
(2)  for which disclosure is made as required under Section 4005.003 or Section 4005.004.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 755 (H.B. 2941), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter B. Prohibited Conduct › Section 4005.055. Certain Coverage for Loss by Fire Prohibited

Sec. 4005.055.  CERTAIN COVERAGE FOR LOSS BY FIRE PROHIBITED.  A property and casualty agent may not knowingly grant, write, or permit a greater amount of insurance against loss by fire than the reasonable value of the insured subject.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.101. Grounds for License Denial or Disciplinary Action

Sec. 4005.101.  GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION.  (a)  This section does not apply to a person who holds a license or certificate of authority issued under Title 11.
(b)  The department may deny a license application or discipline a license holder under this subchapter if the department determines that the applicant or license holder, individually or through an officer, director, or shareholder:
(1)  has wilfully violated an insurance law of this state;
(2)  has intentionally made a material misstatement in the license application;
(3)  has obtained or attempted to obtain a license by fraud or misrepresentation;
(4)  has misappropriated, converted to the applicant's or license holder's own use, or illegally withheld money belonging to:
(A)  an insurer;
(B)  a health maintenance organization;  or
(C)  an insured, enrollee, or beneficiary;
(5)  has engaged in fraudulent or dishonest acts or practices;
(6)  has materially misrepresented the terms and conditions of an insurance policy or contract, including a contract relating to membership in a health maintenance organization;
(7)  has made or issued, or caused to be made or issued, a statement misrepresenting or making incomplete comparisons regarding the terms or conditions of an insurance or annuity contract legally issued by an insurer or a membership issued by a health maintenance organization to induce the owner of the contract or membership to forfeit or surrender the contract or membership or allow it to lapse for the purpose of replacing the contract or membership with another;
(8)  has been convicted of a felony;
(9)  has offered or given a rebate of an insurance premium or commission to an insured or enrollee;
(10)  is not actively engaged in soliciting or writing insurance for the public generally as required by Section 4001.104(a);  or
(11)  has obtained or attempted to obtain a license, not for the purpose of holding the applicant or license holder out to the general public as an agent, but primarily for the purpose of soliciting, negotiating, or procuring an insurance or annuity contract or membership covering:
(A)  the applicant or license holder;
(B)  a member of the applicant's or license holder's family;  or
(C)  a business associate of the applicant or license holder.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.102. Remedies for Violation of Insurance Laws or Commissioner Rules

Sec. 4005.102.  REMEDIES FOR VIOLATION OF INSURANCE LAWS OR COMMISSIONER RULES.  In addition to any other remedy available under Chapter 82, for a violation of this code, another insurance law of this state, or a rule of the commissioner, the department may:
(1)  deny an application for:
(A)  an original license; or
(B)  a certificate issued under Chapter 4008;
(2)  suspend, revoke, or deny renewal of:
(A)  a license; or
(B)  a certificate issued under Chapter 4008;
(3)  place on probation a person whose license has been suspended;
(4)  assess an administrative penalty;
(5)  reprimand a license holder; or
(6)  require a license holder to qualify, or re-qualify if the agent has already qualified, for a certificate to sell a product or product line designated by rule under Chapter 4008.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 451 (H.B. 2456), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.103. Probated License Suspension

Sec. 4005.103.  PROBATED LICENSE SUSPENSION.  If a license suspension is probated, the commissioner may require the license holder to:
(1)  report regularly to the department on any matter that is the basis of the probation;
(2)  limit the license holder's practice to the areas prescribed by the department;  or
(3)  continue or review professional education until the license holder attains a degree of skill satisfactory to the commissioner in each area that is the basis of the probation.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.104. Hearing

Sec. 4005.104.  HEARING.  (a)  If the department proposes to deny an application for an original license or to suspend, revoke, or deny renewal of a license, the applicant or license holder is entitled to a hearing conducted by the State Office of Administrative Hearings as provided by Chapter 40.
(b)  Notice of the hearing shall be provided to:
(1)  the applicant or license holder;  and
(2)  any insurer indicated on the application as desiring that the license be issued.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.105. Application for License After Denial of Application or Revocation of License

Sec. 4005.105.  APPLICATION FOR LICENSE AFTER DENIAL OF APPLICATION OR REVOCATION OF LICENSE.  (a)  This section does not apply to a person who holds a license or certificate of authority issued under Title 11.
(b)  An individual whose license application has been denied or whose license has been revoked under this subchapter may not apply for an agent license before the fifth anniversary of:
(1)  the effective date of the denial or revocation;  or
(2)  the date of a final court order affirming the denial or revocation if judicial review was sought.
(c)  A license application filed after the time required by Subsection (b) may be denied by the commissioner if the applicant fails to show good cause why the denial or revocation should not be a bar to the issuance of a new license.
(d)  Subsections (b) and (c) do not apply to an applicant whose license application was denied or revoked for failure by the applicant to:
(1)  pass a required written examination;
(2)  complete continuing education or pay an applicable fine under Section 4004.055(a); or
(3)  submit a properly completed license application.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.106. Application for License After Certain Determinations

Sec. 4005.106.  APPLICATION FOR LICENSE AFTER CERTAIN DETERMINATIONS.  (a)  In addition to any other penalty imposed under this code, a person who the department determines has engaged in conduct described by this section may not obtain a license as an agent before the fifth anniversary of the date of the determination.
(b)  This section applies to a person who:
(1)  acts as an agent without holding a license under this code;
(2)  solicits an insurance contract or acts as an agent without having been appointed or designated by an authorized insurer, association, or organization to do so as provided by this code;
(3)  solicits an insurance contract or acts as an agent for a person, including an insurer, association, or organization, who is not authorized to engage in the business of insurance in this state without holding a surplus lines agent license issued under Chapter 981;  or
(4)  as an officer or representative of an insurer, knowingly contracts with or appoints as an agent a person who does not hold a valid license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.107. Disciplinary Proceeding for Conduct Committed Before Surrender or Forfeiture of License

Sec. 4005.107.  DISCIPLINARY PROCEEDING FOR CONDUCT COMMITTED BEFORE SURRENDER OR FORFEITURE OF LICENSE.  (a)  The department may institute a disciplinary proceeding against a former license holder for conduct committed before the effective date of a voluntary surrender or automatic forfeiture of the license.
(b)  In a proceeding under this section, the fact that the license holder has surrendered or forfeited the license does not affect the former license holder's culpability for the conduct that is the subject of the proceeding.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.108. Disability Probation

Sec. 4005.108.  DISABILITY PROBATION.  (a)  This section does not apply to a person who holds a license or certificate of authority issued under Title 11.
(b)  Instead of or in addition to taking disciplinary action under Section 4005.102, 4005.103, 4005.105(c), or 4005.107, the department may order that a license holder who is disabled be placed on disability probation under the terms specified under Chapter 4006 and department rules.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.109. Fines

Sec. 4005.109.  FINES.  (a)  To expedite the department's processing of certain violations of this code, the commissioner by rule may establish fines for certain violations.
(b)  A violation for which a fine may be assessed under this section includes a failure to:
(1)  obtain the total number of continuing education hours before the expiration date of a license;
(2)  timely report a change of address to the department; or
(3)  notify the department of an administrative action against the agent by a financial or insurance regulator of another state or of the federal government.
(c)  This section does not limit the department's authority to take any other disciplinary action against a license holder as otherwise provided by this code.
(d)  The dispute of an assessment of a fine under this section is a contested case subject to Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter C. Disciplinary Actions and Procedures; Enforcement › Section 4005.110. Enforcement of Title

Sec. 4005.110.  ENFORCEMENT OF TITLE.  The attorney general, a district or county attorney, or the department acting through the commissioner may bring a proceeding for an injunction or bring any other proceeding to enforce this title and to enjoin any person, firm, corporation, or depository institution from engaging in or attempting to engage in the business of insurance in violation of this code or any other insurance law of this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter D. Criminal Penalties › Section 4005.151. Acting as Agent After License Suspension or Revocation; Criminal Penalty

Sec. 4005.151.  ACTING AS AGENT AFTER LICENSE SUSPENSION OR REVOCATION;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person acts as an agent after the person's agent license has been suspended or revoked.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 58 (H.B. 1305), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter D. Criminal Penalties › Section 4005.152. Agent Assisting or Conspiring With Person Whose License Has Been Suspended or Revoked; Criminal Penalty

Sec. 4005.152.  AGENT ASSISTING OR CONSPIRING WITH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person is an agent who holds a license under this code and the person assists or conspires with a person whose license as an agent has been suspended or revoked to act as an agent.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine not to exceed $1,000;
(2)  confinement in jail for a term of not more than six months;  or
(3)  both fine and confinement in jail under this subsection.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4005 - Conduct, Disciplinary Actions, and Sanctions › Subchapter D. Criminal Penalties › Section 4005.153. Embezzlement or Conversion by Agent; Criminal Penalty

Sec. 4005.153.  EMBEZZLEMENT OR CONVERSION BY AGENT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person, as an agent for an insurer lawfully engaged in the business of insurance in this state, collects premiums or otherwise receives money or a substitute for money, and the person:
(1)  embezzles, fraudulently converts, or appropriates to the person's own use the money or substitute for money;  or
(2)  with intent to embezzle and contrary to the instructions of or without the consent of the insurer, takes, secretes, or otherwise disposes of or fraudulently withholds, appropriates, lends, invests, or otherwise uses or applies, any money or substitute for money received by the person in the person's capacity as agent or broker.
(b)  A person who commits an offense under this section shall be punished as if the person had stolen the money or substitute for money.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter A. General Provisions › Section 4006.001. Definition

Sec. 4006.001.  DEFINITION.  In this chapter, "disability" means any physical, mental, or emotional condition that results in an agent's inability to carry out the agent's professional responsibilities to insureds, the profession, or the public.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter A. General Provisions › Section 4006.002. Rules

Sec. 4006.002.  RULES.  The commissioner may adopt rules as necessary to implement this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter B. Powers and Duties of Department › Section 4006.051. Disability Probation Order

Sec. 4006.051.  DISABILITY PROBATION ORDER.  (a)  The department may order that an agent be placed on disability probation if, after notice and an opportunity for a hearing, the department determines that the agent is suffering from a disability.
(b)  The department may order disability probation for an agent only if the agent demonstrates that:
(1)  the disability can be successfully arrested and treated while the agent is engaged in the agent's professional business;
(2)  the disability is unlikely to cause harm to the public during the period of rehabilitation;
(3)  adequate supervision of any necessary conditions of the probation will occur;  and
(4)  the agent is capable of competently performing the agent's professional duties.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter B. Powers and Duties of Department › Section 4006.052. Restitution

Sec. 4006.052.  RESTITUTION.  (a)  The department may order disability probation for an agent only if the agent makes full restitution during the probation period to all insureds and other persons harmed by the agent's:
(1)  violation of this code or other laws regulating the business of insurance in this state;  or
(2)  failure to comply with other professional responsibilities.
(b)  The department shall require the restitution described by Subsection (a) as a condition of the probation.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter B. Powers and Duties of Department › Section 4006.053. Duration of Probation

Sec. 4006.053.  DURATION OF PROBATION.  (a)  If the department orders disability probation, the department shall set the probation for a specified period or until further order of the department.
(b)  The department may order a probation period that exceeds the one-year maximum suspension authorized under Section 82.052(1).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter B. Powers and Duties of Department › Section 4006.054. Probation Conditions

Sec. 4006.054.  PROBATION CONDITIONS.  (a)  An order placing an agent on disability probation must state the probation conditions.
(b)  In establishing the probation conditions, the department shall consider:
(1)  the nature and circumstances of the agent's conduct;
(2)  the agent's history, character, and condition;  and
(3)  the nature of the agent's disability.
(c)  The department may impose on the agent any of the following probation conditions:
(1)  periodic reports to the department;
(2)  satisfactory completion of a course of study required by the department;
(3)  payment of costs, including reasonable attorney's fees and other expenses, related to the proceedings before the department;
(4)  psychological evaluation, counseling, and treatment;
(5)  drug and alcohol abuse evaluation, counseling, and treatment;
(6)  abstinence from alcohol or drugs;
(7)  mandatory attendance at meetings of Alcoholics Anonymous, Narcotics Anonymous, or similar support groups;
(8)  periodic random urine testing to screen for drug and alcohol abuse;  and
(9)  any other probation condition that the department considers appropriate.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter B. Powers and Duties of Department › Section 4006.055. Supervision During Probation

Sec. 4006.055.  SUPERVISION DURING PROBATION.  The department shall supervise an agent placed on disability probation.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4006 - Disability Probation of Agents › Subchapter B. Powers and Duties of Department › Section 4006.056. Effect of Noncompliance

Sec. 4006.056.  EFFECT OF NONCOMPLIANCE.  On a showing of an agent's failure to comply with the disability probation conditions, the department may:
(1)  revoke the probation;  or
(2)  impose other conditions that the department considers necessary for the public's protection and the agent's rehabilitation.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4007 - Notice to Department by Certain Property and Casualty Insurance Companies Regarding Agents › Section 4007.001. Applicability of Chapter

Sec. 4007.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to an insurance company authorized to engage in the business of insurance in this state under:
(1)  a provision of:
(A)  Chapter 5, 1805, or 2171; or
(B)  Subtitle B, C, D, E, F, H, or I, Title 10; or
(2)  Chapter 861, 862, 883, 911, 912, 941, 942, 984, or 3503.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1I.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4007 - Notice to Department by Certain Property and Casualty Insurance Companies Regarding Agents › Section 4007.002. Notice to Department Required

Sec. 4007.002.  NOTICE TO DEPARTMENT REQUIRED.  (a)  On forms prescribed by the commissioner, an insurance company shall notify the department not later than the 30th day after the date on which:
(1)  balances due from an insurance agent for more than 90 days exceed $1 million or 10 percent of the company's policyholder surplus computed on December 31 of the preceding year or the most recent quarter if a report is specifically required by the department;
(2)  an agent's authority to settle claims for the company is withdrawn; or
(3)  the contract with an agent is canceled or terminated.
(b)  An insurance company may comply with the notification requirement of Subsection (a)(1) by submitting a single annual report if:
(1)  the company routinely operates above the limit established by Subsection (a)(1); and
(2)  the commissioner verifies that fact under a procedure adopted by the commissioner.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1I.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4008 - Agent Certification and Education Programs for Complex Insurance Products › Section 4008.001. Purpose

Sec. 4008.001.  PURPOSE.  Certain insurance products are so complex that the general agent licensing and continuing education requirements are insufficient to ensure the level of agent expertise necessary to safeguard consumer interests.  Agents should be equipped with the necessary skills and knowledge to assist insureds appropriately in their purchases.  Requiring agent training or demonstration of knowledge before an agent may sell particularly complex products mitigates the negative impact caused by agents selling complex products without the training and knowledge necessary to sell those products in a manner that is fair and beneficial to insureds.
Added by Acts 2009, 81st Leg., R.S., Ch. 451 (H.B. 2456), Sec. 5, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle A - General Provisions › Chapter 4008 - Agent Certification and Education Programs for Complex Insurance Products › Section 4008.002. Training and Examination Requirements Authorized

Sec. 4008.002.  TRAINING AND EXAMINATION REQUIREMENTS AUTHORIZED.  (a)  The commissioner may adopt rules requiring an agent who holds a license issued under this code to be certified, through specific education, training, examination, and experience requirements as provided by this chapter, before an agent may sell a product or product line designated by the commissioner.
(b)  Education, training, examination, and experience requirements established by rule under this chapter may be used to satisfy any other agent education, training, examination, and experience requirements otherwise established under this code.
Added by Acts 2009, 81st Leg., R.S., Ch. 451 (H.B. 2456), Sec. 5, eff. June 19, 2009.