reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2251 - Rates › Subchapter D. Prior Approval of Rates Under › Section 2251.153. Commissioner Action

Sec. 2251.153.  COMMISSIONER ACTION.  (a)  Not later than the 30th day after the date a rate is filed with the department under this subchapter, the commissioner shall:
(1)  approve the rate if the commissioner determines that the rate complies with the requirements of this chapter; or
(2)  disapprove the rate if the commissioner determines that the rate does not comply with the requirements of this chapter.
(b)  Except as provided by Subsection (c), if a rate has not been approved or disapproved by the commissioner before the expiration of the 30-day period described by Subsection (a), the rate is considered approved and the insurer may use the rate unless the rate proposed in the filing represents an increase of 12.5 percent or more from the insurer's previously filed rate.
(c)  For good cause, the commissioner may, on the expiration of the 30-day period described by Subsection (a), extend the period for approval or disapproval of a rate for one additional 30-day period.  The commissioner and the insurer may not by agreement extend the 30-day period described by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2251 - Rates › Subchapter D. Prior Approval of Rates Under › Section 2251.155. Rate Filing Approval by Commissioner; Use of Rate

Sec. 2251.155.  RATE FILING APPROVAL BY COMMISSIONER; USE OF RATE.  (a)  The commissioner shall approve a rate filing under this subchapter if the proposed rate is adequate, not excessive, and not unfairly discriminatory.
(b)  If the commissioner approves a rate filing under this section, the commissioner shall provide the insurer with a written or electronic notification of the approval.  The insurer may use the rate on receipt of the approval notice.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2251 - Rates › Subchapter D. Prior Approval of Rates Under › Section 2251.156. Rate Filing Disapproval by Commissioner; Hearing

Sec. 2251.156.  RATE FILING DISAPPROVAL BY COMMISSIONER; HEARING.  (a)  If the commissioner disapproves a rate filing under Section 2251.153(a)(2), the commissioner shall issue an order disapproving the filing in accordance with Section 2251.103(d).
(b)  An insurer whose rate filing is disapproved is entitled to a hearing in accordance with Section 2251.103(e).
(c)  The department shall track precedents related to disapprovals of rates under this subchapter to ensure uniform application of rate standards by the department.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.011, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2251 - Rates › Subchapter F. Exemptions for Certain Insurers From Rate Filing and Approval Requirements › Section 2251.251. Applicability of Subchapter

Sec. 2251.251.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to:
(1)  an insurer, including an insurance company, a reciprocal or interinsurance exchange, a mutual insurance company, a capital stock insurance company, a county mutual insurance company, a Lloyd's plan, or any other legal entity authorized to write residential property insurance in this state; and
(2)  an insurer's affiliate, as described by this code, if the affiliate is authorized to write residential property insurance.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2251 - Rates › Subchapter F. Exemptions for Certain Insurers From Rate Filing and Approval Requirements › Section 2251.252. Exemption From Certain Other Law

Sec. 2251.252.  EXEMPTION FROM CERTAIN OTHER LAW.  (a)  Except as provided by Subsections (b), (c), and (d), an insurer is exempt from the rate filing and approval requirements of this chapter if the insurer, during the calendar year preceding the date filing is otherwise required under this chapter, issued residential property insurance policies in this state that accounted for less than two percent of the total amount of premiums collected by insurers for residential property insurance policies issued in this state, more than 50 percent of which cover property:
(1)  valued at less than $100,000; and
(2)  located in an area designated by the commissioner as underserved for residential property insurance under Chapter 2004.
(b)  If an insurer described by Subsection (a) is a member of an affiliated insurance group, this subchapter applies to the insurer only if the total aggregate premium collected by the group accounts for less than two percent of the total amount of premiums collected by insurers for residential property insurance policies issued in this state.
(c)  An insurer described by Subsection (a) that proposes to increase the premium rates charged policyholders for a residential property insurance product by an amount that is 10 percent or more over the amount the insurer charged policyholders for the same or an equivalent residential property insurance product during the preceding calendar year must file the insurer's proposed rates in accordance with this chapter and, if applicable, obtain approval of the proposed rates as provided by this chapter.
(d)  An insurer described by Subsection (a) that increases the premium rates charged policyholders for a residential property insurance product by an annual average amount of eight percent or greater for three consecutive calendar years must file the insurer's proposed rates in accordance with this chapter in the calendar year following the three consecutive years and, if applicable, obtain approval of the proposed rates as provided by this chapter.  In calculating the three consecutive calendar years' average premium increases, an insurer is not required to consider a year in which there is a weather-related catastrophe or other major natural disaster that requires the commissioner to extend the claim-handling deadlines under Section 542.059(b).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 5 (S.B. 965), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter A. General Provisions › Section 2252.001. Applicability of Chapter

Sec. 2252.001.  APPLICABILITY OF CHAPTER.  (a)  Except as provided by Subsections (b) and (c), this chapter applies to an insurer, including a corporation, reciprocal or interinsurance exchange, mutual insurance company, association, Lloyd's plan, or other organization, writing casualty insurance or writing fidelity, surety, or guaranty bonds, on risks or operations in this state.
(b)  This chapter does not apply to:
(1)  a farm mutual insurance company or association regulated under Chapter 911; or
(2)  a county mutual insurance company regulated under Chapter 912.
(c)  This chapter does not apply to the writing of:
(1)  automobile insurance;
(2)  life, health, or accident insurance;
(3)  professional liability insurance;
(4)  reinsurance;
(5)  aircraft insurance;
(6)  fraternal benefit insurance;
(7)  fire insurance;
(8)  workers' compensation insurance;
(9)  marine insurance, including noncommercial inland marine insurance and ocean marine insurance;
(10)  title insurance;
(11)  explosion insurance, except insurance against loss from personal injury or property damage resulting accidentally from:
(A)  a steam boiler;
(B)  a heater or pressure vessel;
(C)  an electrical device;
(D)  an engine; or
(E)  all machinery and appliances used in connection with or in the operation of a boiler, heater, vessel, electrical device, or engine described by Paragraphs (A)-(D); or
(12)  insurance coverage for any of the following conditions or risks:
(A)  weather or climatic conditions, including lightning, tornado, windstorm, hail, cyclone, rain, or frost and freeze;
(B)  earthquake or volcanic eruption;
(C)  smoke or smudge;
(D)  excess or deficiency of moisture;
(E)  flood;
(F)  the rising water of an ocean or an ocean's tributary;
(G)  bombardment, invasion, insurrection, riot, civil war or commotion, military or usurped power, or any order of a civil authority made to prevent the spread of a conflagration, epidemic or catastrophe;
(H)  vandalism or malicious mischief;
(I)  strike or lockout;
(J)  water or other fluid or substance resulting from:
(i)  the breakage or leakage of a sprinkler, pump, or other apparatus erected for extinguishing fire, or a water pipe or other conduit or container; or
(ii)  casual water entering a building through a leak or opening in the building or by seepage through building walls; or
(K)  accidental damage to a sprinkler, pump, fire apparatus, pipe, or other conduit or container described by Paragraph (J)(i).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter A. General Provisions › Section 2252.002. Construction of Chapter

Sec. 2252.002.  CONSTRUCTION OF CHAPTER.  This chapter does not limit in any manner the kinds or classes of insurance that an insurer may write under an appropriate statute or the insurer's charter or certificate of authority.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter B. Rating Systems › Section 2252.051. Insurer to Provide Rate Information

Sec. 2252.051.  INSURER TO PROVIDE RATE INFORMATION.  (a)  An insurer shall provide all information relevant to a rate used by the insurer to:
(1)  any person who is or will be affected by the rate or by a modification of the rate; or
(2)  the authorized representative of a person described by Subdivision (1).
(b)  The insurer shall provide the information within a reasonable time after receipt of a written request for the information and on payment of any reasonable charge set by the insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter B. Rating Systems › Section 2252.052. Right to Hearing on Rating System

Sec. 2252.052.  RIGHT TO HEARING ON RATING SYSTEM.  (a)  An insurer shall provide within this state reasonable means by which a person aggrieved by the application of the insurer's rating system may be heard on written request to review the manner in which the rating system has been applied in connection with the insurance afforded the person.
(b)  The person may be heard under this section in person or through the person's authorized representative.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter B. Rating Systems › Section 2252.053. Appeal of Decision on Rating System

Sec. 2252.053.  APPEAL OF DECISION ON RATING SYSTEM.  Any party affected by an action taken by an insurer or rating organization in response to a request for a hearing under Section 2252.052 may appeal that action to the commissioner not later than the 10th day after the date the party receives written notice of the action.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter C. Loss and Expense Experience › Section 2252.101. Recording and Reporting of Loss and Expense Experience and Other Data

Sec. 2252.101.  RECORDING AND REPORTING OF LOSS AND EXPENSE EXPERIENCE AND OTHER DATA.  (a)  The commissioner shall adopt reasonable rules and statistical plans for the recording and reporting of loss experience and other required data by insurers.  The rules and plans must ensure that each insurer's total loss and expense experience is made available at least as frequently as biennially in the form and with the detail necessary to aid in determining whether rating plans comply with the standards provided by this chapter, Chapter 1901, Chapter 2251, or Subchapter B, Chapter 5.
(b)  In adopting the rules and statistical plans, the commissioner shall have due regard for:
(1)  the rating plans used under this chapter, Chapter 1901, Chapter 2251, or Subchapter B, Chapter 5; and
(2)  the rules and forms of plans used in other states to ensure that the rules and plans are as uniform as is practicable.
(c)  Each insurer shall use the statistical plans adopted under this section to record and report loss experience and other required data in accordance with the rules adopted by the commissioner.
(d)  The commissioner may designate other agencies to gather and compile the loss experience and other data.
(e)  The commissioner may adopt modifications to statistical plans adopted under this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter C. Loss and Expense Experience › Section 2252.102. Rules and Plans Requiring Interchange of Loss Experience

Sec. 2252.102.  RULES AND PLANS REQUIRING INTERCHANGE OF LOSS EXPERIENCE.  The commissioner may adopt reasonable rules and plans requiring the interchange of loss experience necessary for the application of rating plans.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter C. Loss and Expense Experience › Section 2252.103. Exchange of Rate Information With Other States

Sec. 2252.103.  EXCHANGE OF RATE INFORMATION WITH OTHER STATES.  To further the uniform administration of rating laws, the department or an insurer may:
(1)  exchange information and experience data with insurance supervisory officials, insurers, and rating organizations in other states; and
(2)  consult and cooperate with the individuals or entities described by Subdivision (1) with respect to ratemaking and the application of rating systems.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2252 - Rate Administration › Subchapter D. Prohibited Acts › Section 2252.151. Prohibited Conduct Related to Rates and Premiums

Sec. 2252.151.  PROHIBITED CONDUCT RELATED TO RATES AND PREMIUMS.  (a)  A person or organization may not knowingly give false or misleading information to the department or commissioner, an insurer, or any other entity that will in any manner affect the proper determination of rates or premiums.
(b)  An insurer or agent who knowingly misrepresents the actual or replacement value of real or personal property to achieve an unfair competitive rate advantage commits an offense.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2253 - Rating Territories › Section 2253.001. Rating Territories

Sec. 2253.001.  RATING TERRITORIES.  (a)  Notwithstanding any other provision of this code, an insurer, in writing residential property or personal automobile insurance, may use rating territories that subdivide a county only if:
(1)  the county is subdivided; and
(2)  the rate for any subdivision in the county is not greater than 15 percent higher than the rate used in any other subdivision in the county by that insurer.
(b)  The commissioner by rule may allow a greater rate difference than the rate difference specified by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.073(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.073(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2254 - Premium Refund for Certain Personal Lines › Section 2254.001. Definitions

Sec. 2254.001.  DEFINITIONS.  In this chapter:
(1)  "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, Lloyd's plan, or other legal entity authorized to write residential property insurance or personal automobile insurance in this state.  The term includes an affiliate, as described by this code, that is authorized to write residential property insurance.  The term does not include:
(A)  the Texas Windstorm Insurance Association under Chapter 2210; or
(B)  the FAIR Plan Association under Chapter 2211.
(2)  "Personal automobile insurance" means motor vehicle insurance coverage for the ownership, maintenance, or use of a private passenger, utility, or miscellaneous type motor vehicle, including a motor home, trailer, or recreational vehicle, that is:
(A)  owned or leased by one or more individuals; and
(B)  not used primarily for the delivery of goods, materials, or services, other than for use in farm or ranch operations.
(3)  "Residential property insurance" means insurance coverage against loss to real or tangible personal property at a fixed location that is provided through:
(A)  a homeowners policy, including a tenants policy;
(B)  a condominium owners policy; or
(C)  a residential fire and allied lines policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2254 - Premium Refund for Certain Personal Lines › Section 2254.002. Inapplicability of Chapter

Sec. 2254.002.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to rates for personal automobile insurance or residential property insurance for which an insurer obtains prior rate approval under Subchapter D, Chapter 2251.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2254 - Premium Refund for Certain Personal Lines › Section 2254.003. Refund or Discount Based on Excessive or Unfairly Discriminatory Premium Rates

Sec. 2254.003. REFUND OR DISCOUNT BASED ON EXCESSIVE OR UNFAIRLY DISCRIMINATORY PREMIUM RATES.  (a)  This section applies to a rate for personal automobile insurance or residential property insurance filed on or after the effective date of Chapter 206, Acts of the 78th Legislature, Regular Session, 2003.
(b)  Except as provided by Section 2254.004(c), if the commissioner determines that an insurer has charged a rate for personal automobile insurance or residential property insurance that is excessive or unfairly discriminatory, as described by Section 2251.051, the commissioner may:
(1)  order the insurer to refund directly to each affected policyholder the portion of the premium, plus interest on that amount, that is excessive or unfairly discriminatory, if that portion of the premium is at least 7.5 percent of the total premium charged for the coverage; or
(2)  if that portion of the premium is less than 7.5 percent of the total premium, order the insurer to provide, to each affected policyholder:
(A)  who renews the policy, a future premium discount equal to the amount of the excessive or unfairly discriminatory portion of the premium, plus interest on that amount; and
(B)  who does not renew or whose coverage is otherwise terminated, a refund in the amount described by Subdivision (1).
(c)  The rate for interest assessed under Subsection (b) is the lesser of 18 percent or the sum of six percent and the prime rate for the calendar year in which the commissioner's order finding that the rate is excessive or unfairly discriminatory is issued.  For purposes of this subsection, the prime rate is the prime rate as published in The Wall Street Journal for the first day of the calendar year that is not a Saturday, Sunday, or legal holiday.  The period for the refund and interest begins on the date the department first provides the insurer with formal written notice that the insurer's filed rate is excessive or unfairly discriminatory, and interest continues to accrue until the refund is paid.  An insurer may not be required to pay any interest penalty if the insurer prevails in an appeal of the commissioner's order under Subchapter D, Chapter 36.
(d)  An insurer may not claim a premium tax credit to which the insurer is otherwise entitled unless the insurer complies with Subsection (b).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 484 (H.B. 2551), Sec. 1, eff. June 16, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.012, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle H - Ratemaking in General › Chapter 2254 - Premium Refund for Certain Personal Lines › Section 2254.004. Rate Hearing by State Office of Administrative Hearings

Sec. 2254.004.  RATE HEARING BY STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  Not later than the 20th day after the date of an order under Section 2254.003, the insurer may request that the State Office of Administrative Hearings conduct a rate hearing to determine whether the rate that is subject to the order is excessive or unfairly discriminatory.
(b)  The office of public insurance counsel may participate in and present evidence at the hearing.
(c)  After completion of the hearing, the administrative law judge shall:
(1)  prepare a proposal for decision under Section 40.058; and
(2)  remand the matter to the commissioner recommending that the commissioner affirm the order or that:
(A)  the commissioner complete an additional review of the order not later than the 10th day after the date the commissioner receives the proposal;
(B)  the parties enter into negotiations; or
(C)  the commissioner take within a period specified by the administrative law judge other appropriate action with respect to the order.
(d)  The commissioner's action or failure to act on a proposal or recommendation under Subsection (c) is subject to judicial review under Subchapter D, Chapter 36.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.001. Purpose

Sec. 2301.001.  PURPOSE.  The purposes of this subchapter are to:
(1)  promote the availability of insurance;
(2)  regulate the insurance forms used for lines of insurance to which this subchapter applies to ensure that the forms are not unjust, unfair, inequitable, misleading, or deceptive; and
(3)  provide regulatory procedures for the maintenance of appropriate information reporting systems.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.002. Definitions

Sec. 2301.002.  DEFINITIONS.  In this subchapter:
(1)  "Commercial property insurance" means insurance coverage against loss caused by or resulting from loss, damage, or destruction of real or personal property provided through a commercial property insurance policy.  The term includes any combination of:
(A)  commercial fire or allied lines;
(B)  commercial inland marine insurance;
(C)  commercial crime coverage;
(D)  boiler and machinery insurance other than explosion;
(E)  glass insurance provided as part of other coverage; and
(F)  as authorized by commissioner rule, insurance covering other perils or providing other coverages or other lines of first party property insurance.
(1-a)  "Form" means an insurance policy form or a printed endorsement form.
(2)  "Residential property insurance" means insurance coverage against loss to real or tangible personal property at a fixed location that is provided through a homeowners insurance policy, including a tenants insurance policy, a condominium owners insurance policy, or a residential fire and allied lines insurance policy.
(3)  "Supporting information" means any information required by the department to be filed.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 254 (H.B. 1298), Sec. 2, eff. May 29, 2017.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.003. Applicability of Subchapter

Sec. 2301.003.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies to:
(1)  an insurer to which Article 5.13 applies, other than the Texas Windstorm Insurance Association, the FAIR Plan Association, and the Texas Automobile Insurance Plan Association; and
(2)  except as provided by Subsections (c) and (d), a Lloyd's plan, reciprocal or interinsurance exchange, and county mutual insurance company with respect to the lines of insurance described by Subsection (b).
(b)  Except as provided by Section 2301.0031, this subchapter applies to all lines of the following kinds of insurance written under an insurance policy or contract issued by an insurer authorized to engage in the business of insurance in this state:
(1)  general liability insurance;
(2)  residential and commercial property insurance, including farm and ranch insurance and farm and ranch owners insurance;
(3)  personal and commercial casualty insurance, except as provided by Section 2301.005;
(4)  medical professional liability insurance;
(5)  fidelity, guaranty, and surety bonds other than criminal court appearance bonds;
(6)  personal umbrella insurance;
(7)  personal liability insurance;
(8)  guaranteed auto protection (GAP) insurance;
(9)  involuntary unemployment insurance;
(10)  financial guaranty insurance;
(11)  inland marine insurance;
(12)  rain insurance;
(13)  hail insurance on farm crops;
(14)  personal and commercial automobile insurance;
(15)  multi-peril insurance; and
(16)  identity theft insurance issued under Chapter 706.
(c)  Section 2301.009 does not apply to a Lloyd's plan or a reciprocal or interinsurance exchange with respect to commercial property insurance.
(d)  This subchapter does not apply to a Lloyd's plan or reciprocal or interinsurance exchange with respect to inland marine insurance, rain insurance, or hail insurance on farm crops.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.071(b), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.071(b), eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 42 (S.B. 1367), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.0031. Exceptions for Certain Lines

Sec. 2301.0031.  EXCEPTIONS FOR CERTAIN LINES.  (a)  Except as provided by Subsection (d), Sections 2301.006, 2301.007(a) and (b), and 2301.008 do not apply to any line of the following kinds of insurance written under a commercial insurance policy or contract issued by an insurer authorized to engage in the business of insurance in this state:
(1)  surety bonds;
(2)  fidelity bonds;
(3)  commercial inland marine;
(4)  boiler and machinery;
(5)  environmental impairment or pollution liability;
(6)  kidnap and ransom;
(7)  political risk or expropriation;
(8)  commercial excess liability or umbrella liability;
(9)  directors' and officers' liability;
(10)  fiduciary liability;
(11)  employment practices liability;
(12)  errors and omission and professional liability other than medical professional liability;
(13)  media liability;
(14)  product liability, product recall, or completed operations;
(15)  commercial cybersecurity, including first- and third-party commercial lines coverage for losses arising out of or relating to data privacy breaches, network security, computer viruses, and similar exposures;
(16)  highly protected commercial property;
(17)  commercial flood insurance not provided through the National Flood Insurance Program; or
(18)  any combination of only the kinds of insurance listed in this subsection or exempted under Subsection (c).
(b)  For purposes of Subsection (a), "highly protected commercial property" is commercial property that is subject to a much lower than normal probability of loss due to low-hazard occupancy or property type, superior construction, special fire protection equipment and procedures, and management commitment to loss prevention.
(c)  The commissioner by rule may exempt a commercial line of insurance or commercial risk not listed in Subsection (a) from the form filing requirements of this subchapter to promote enhanced competition or more effectively use the resources of the department that might otherwise be used to review commercial lines filings.
(d)  Notwithstanding Subsection (a), the commissioner may temporarily impose the requirements of Sections 2301.006, 2301.007(a) and (b), and 2301.008 for a specific kind of insurance listed in Subsection (a) for a period of not longer than one year if, after notice and hearing, the commissioner issues an order that:
(1)  includes a finding that a reasonable degree of competition does not exist for that specific kind of insurance; and
(2)  specifies the relevant tests and test results used to determine the degree of competition for that kind of insurance.
(e)  In the absence of a finding described by Subsection (d) with respect to a specific kind of insurance, a competitive market is presumed to exist for that kind of insurance.
(f)  The commissioner may adopt reasonable and necessary rules to implement this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 42 (S.B. 1367), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.004. Exemption for Large Risks

Sec. 2301.004.  EXEMPTION FOR LARGE RISKS.  Sections 2301.006, 2301.007(a) and (b), and 2301.008 do not apply to forms for use with an insured that has:
(1)  total insured property values of $5 million or more;
(2)  total annual gross revenues of $10 million or more; or
(3)  a total premium of $25,000 or more for property insurance, $25,000 or more for general liability insurance, or $50,000 or more for multiperil insurance.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.005. Regulation of Inland Marine Forms

Sec. 2301.005.  REGULATION OF INLAND MARINE FORMS.  The commissioner shall adopt rules governing the manner in which forms for the various classifications of risks insured under inland marine insurance, as determined by the commissioner, are regulated.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.006. Filing and Approval of Forms

Sec. 2301.006.  FILING AND APPROVAL OF FORMS.  (a)  Except as provided by Section 2301.008, an insurer may not deliver or issue for delivery in this state a form for use in writing insurance described by Section 2301.003 unless the form has been filed with and approved by the commissioner.
(b)  An insurer must file the form not later than the 60th day before the date an insurer uses the form or delivers the form for use.
(c)  A filed form is approved at the expiration of 60 days after the date the form is filed unless the commissioner by order approves or disapproves the form during the 60-day period.  The commissioner's approval of a filed form constitutes a waiver of any unexpired portion of the 60-day period.
(d)  The commissioner may extend by not more than 10 days the 60-day period described by Subsection (c) during which the commissioner may approve or disapprove a form filed by an insurer.  The commissioner shall notify the insurer of the extension before the expiration of the 60-day period.
(e)  A filed form for which an extension has been granted under Subsection (d) is considered approved at the expiration of the extension period described by that subsection absent an earlier approval or disapproval of the form.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.007. Disapproval of Forms; Withdrawal of Approval

Sec. 2301.007.  DISAPPROVAL OF FORMS; WITHDRAWAL OF APPROVAL.  (a)  The commissioner may disapprove a form filed under Section 2301.006 or withdraw approval of a form if the form:
(1)  violates any law, including a rule adopted under this code; or
(2)  contains a provision or has a title or heading that is unjust or deceptive, encourages misrepresentation, or violates public policy.
(b)  For good cause shown, the commissioner may withdraw approval of a form after notice and hearing.
(c)  An order issued by the commissioner disapproving a form, or a notice of the commissioner's intention to withdraw approval of a form, must state the grounds for the disapproval or withdrawal of approval in sufficient detail to reasonably inform the insurer of those grounds.
(d)  An order of withdrawal of approval of a form takes effect on the date prescribed by the commissioner in the order.  The commissioner may not prescribe a date earlier than the 30th day after the effective date of the order, as prescribed by the commissioner.
(e)  An insurer may not use a form in this state after the commissioner disapproves the form or withdraws approval of the form.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.008. Adoption and Use of Standard Forms

Sec. 2301.008.  ADOPTION AND USE OF STANDARD FORMS.  The commissioner may adopt standard insurance policy forms, printed endorsement forms, and related forms other than insurance policy forms and printed endorsement forms, that an insurer may use instead of the insurer's own forms in writing insurance subject to this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.009. Public Inspection of Information

Sec. 2301.009.  PUBLIC INSPECTION OF INFORMATION.  Each filing made, and any supporting information filed, under this subchapter is open to public inspection as of the date of the filing.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter A. Policy Forms Generally › Section 2301.010. Contractual Limitations Period and Claim Filing Period in Certain Property Insurance Forms

Sec. 2301.010.  CONTRACTUAL LIMITATIONS PERIOD AND CLAIM FILING PERIOD IN CERTAIN PROPERTY INSURANCE FORMS.  (a)  This section applies only to an insurer that issues windstorm and hail insurance in the catastrophe area, as defined by Section 2210.003.
(b)  Notwithstanding Section 16.070, Civil Practice and Remedies Code, and for the purpose described by Section 2210.053(b), a policy form or printed endorsement form for residential or commercial property insurance that is filed by an insurer described by Subsection (a) or adopted by the department under this subchapter for use by an insurer described by Subsection (a) may provide for a contractual limitations period for filing suit on a first-party claim under the policy. The contractual limitations period may not end before the earlier of:
(1)  two years from the date the insurer accepts or rejects the claim; or
(2)  three years from the date of the loss that is the subject of the claim.
(c)  A policy or endorsement described by Subsection (b) may also contain a provision requiring that a claim be filed with the insurer not later than one year after the date of the loss that is the subject of the claim.  A provision under this subsection must include a provision allowing the filing of claims after the first anniversary of the date of the loss for good cause shown by the person filing the claim.
(d)  A contractual provision contrary to Subsection (b) or (c) is void.  If a contractual provision is voided under this subsection, the voiding of the provision does not affect the validity of other provisions of a contract that may be given effect without the voided provision to the extent those provisions are severable.
(e)  The department, to encourage the authorized insurers to write windstorm and hail insurance in the catastrophe area, as defined by Section 2210.003, and in other areas of the state, may approve policy or contractual provisions other than those described by Subsections (b) and (c) that are consistent with sound underwriting and insurance principles, provided that the policy or contractual provisions meet the requirements of Sections 2301.007(a) and 2301.053.
(f)  An insurer using a policy form or endorsement form in this state that includes a provision described by Subsection (b) or (c) shall, at the time the policy or endorsement is issued or renewed, disclose in writing to an applicant or insured the contractual limitations or claims filing period, as applicable, in the policy or endorsement.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 55, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.051. Definitions

Sec. 2301.051.  DEFINITIONS.  In this subchapter:
(1)  "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock insurance company, county mutual insurance company, Lloyd's plan, or other legal entity authorized to write personal automobile insurance or residential property insurance in this state.  The term includes an affiliate, as described by this code, that is authorized to write and is writing personal automobile insurance or residential property insurance in this state.  The term does not include:
(A)  the Texas Windstorm Insurance Association;
(B)  the FAIR Plan Association; or
(C)  the Texas Automobile Insurance Plan Association.
(2)  "Personal automobile insurance" means automobile insurance coverage for the ownership, maintenance, or use of a private passenger, utility, or miscellaneous type motor vehicle, including a motor home, trailer, or recreational vehicle, that is:
(A)  owned or leased by one or more individuals; and
(B)  not primarily used for the delivery of goods, materials, or services, other than for use in farm or ranch operations.
(3)  "Residential property insurance" means insurance coverage against loss to tangible personal property or to residential real property at a fixed location that is provided through a homeowners insurance policy, including a tenants insurance policy, a condominium owners insurance policy, or a residential fire and allied lines insurance policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.052. Regulation of Policy Forms and Endorsements

Sec. 2301.052.  REGULATION OF POLICY FORMS AND ENDORSEMENTS.  (a)  Notwithstanding any other provision of this code and except as provided by this section, Subchapter A applies to an insurer with respect to insurance policy forms and endorsements for personal automobile insurance and residential property insurance.
(b)  An insurer may continue to use an insurance policy form or endorsement promulgated, approved, or adopted under Article 5.06 or 5.35 before June 11, 2003, on written notification to the commissioner that the insurer will continue to use the form or endorsement.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.053. Requirements for Forms; Plain-Language Requirement

Sec. 2301.053.  REQUIREMENTS FOR FORMS; PLAIN-LANGUAGE REQUIREMENT.  (a)  Each form filed in accordance with this subchapter must comply with applicable state and federal law.
(b)  Each form for a personal automobile insurance policy must provide the coverages mandated under Subchapters C and D, Chapter 1952, unless the coverages are rejected by the named insured in the manner provided by those subchapters.
(c)  A form may not be used unless the form is written in plain language.  For purposes of this section, a form is written in plain language if:
(1)  the form achieves the minimum score established by the commissioner on the Flesch reading ease test or an equivalent test selected by the commissioner; or
(2)  at the commissioner's option, the form conforms to the language requirements in a National Association of Insurance Commissioners model act relating to plain language.
(d)  Subsection (c) does not apply to policy language that is mandated by state or federal law.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.054. Certain Contracts or Agreements Prohibited; Revocation of Certificate of Authority

Sec. 2301.054.  CERTAIN CONTRACTS OR AGREEMENTS PROHIBITED; REVOCATION OF CERTIFICATE OF AUTHORITY.  (a)  A contract or agreement that is not written into an application for personal automobile insurance coverage and the personal automobile insurance policy is void and violates this code.
(b)  A contract or agreement described by Subsection (a) constitutes grounds for the revocation of an insurer's certificate of authority to write personal automobile insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.055. Rules

Sec. 2301.055.  RULES.  The commissioner may adopt reasonable and necessary rules to implement this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.056. Requirement for Forms; Declarations Page Requirement

Sec. 2301.056.  REQUIREMENT FOR FORMS; DECLARATIONS PAGE REQUIREMENT.  (a)  A residential property insurance policy form must include a declarations page that:
(1)  lists and identifies each type of deductible under the residential property insurance policy; and
(2)  states the exact dollar amount of each deductible under the residential property insurance policy.
(b)  If a residential property insurance policy or an endorsement attached to the policy contains a provision that may cause the exact dollar amount of a deductible under the policy to change, the declarations page must identify or include a written disclosure that clearly identifies the applicable policy provision or endorsement.  The policy provision or endorsement must explain how any change in the applicable deductible amount is determined.
(c)  A disclosure containing a list required by Subsection (a)(1), or a disclosure containing an identification of each applicable policy provision or endorsement, may be provided on a page separate from the declarations page.
Added by Acts 2013, 83rd Leg., R.S., Ch. 730 (S.B. 112), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.057. Certain Documents Not Part of Form

Sec. 2301.057.  CERTAIN DOCUMENTS NOT PART OF FORM.  (a)  A document providing a summary of a policy of personal automobile insurance or residential property insurance or a summary of an endorsement to such a policy or other ancillary material, including an advertisement for the policy or endorsement, is not part of the policy or endorsement form.
(b)  A summary described by Subsection (a) does not modify the provisions of the insurance policy for which the summary was provided.
(c)  A summary described by Subsection (a) is not admissible as evidence of the coverage provided by the insurance policy for which the summary is provided.
Added by Acts 2019, 86th Leg., R.S., Ch. 125 (H.B. 1555), Sec. 1, eff. May 23, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle I - Policy Forms in General › Chapter 2301 - Policy Forms › Subchapter B. Policy Forms for Personal Automobile › Section 2301.058. Provision of Policy Documents and Related Materials in Language Other Than English

Sec. 2301.058.  PROVISION OF POLICY DOCUMENTS AND RELATED MATERIALS IN LANGUAGE OTHER THAN ENGLISH.  (a)  An insurer may provide a customer a version of a personal automobile or residential property insurance policy or endorsement, or related explanatory or advertising material, in a language other than English.  The version of the document must state, in the language of the version, that the English version of the insurance policy document controls.
(b)  In the case of a dispute or complaint, the English version of the insurance policy document controls.
Added by Acts 2019, 86th Leg., R.S., Ch. 183 (H.B. 1554), Sec. 1, eff. May 24, 2019.