reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter A. Optional Premium Discount for Use of Insulating Concrete Form System › Section 2006.001. Definitions

Sec. 2006.001.  DEFINITIONS.  In this subchapter:
(1)  "Applicant" includes:
(A)  an applicant for new insurance coverage; and
(B)  a policyholder renewing insurance coverage.
(2)  "Insulating concrete form system" means a building construction system primarily used to frame exterior walls in which polystyrene foam forms are placed in the walls of a structure under construction and filled with concrete and steel reinforcing material to become a permanent part of the structure.
(3)  "Insurer" means an insurer authorized to write property and casualty insurance in this state, including:
(A)  a county mutual insurance company;
(B)  a farm mutual insurance company;
(C)  a Lloyd's plan; and
(D)  a reciprocal or interinsurance exchange.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter A. Optional Premium Discount for Use of Insulating Concrete Form System › Section 2006.002. Optional Premium Discount

Sec. 2006.002.  OPTIONAL PREMIUM DISCOUNT.  (a)  In accordance with the rules adopted by the commissioner under this subchapter, an insurer may grant to an applicant a discount in the applicant's homeowners insurance premiums for insured property on receipt of written verification from the applicant that the property was constructed with an insulating concrete form system.
(b)  The commissioner by rule shall prescribe the requirements for determining that a structure was constructed with an insulating concrete form system.
(c)  Verification under this section must comply with the requirements prescribed by the commissioner.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter A. Optional Premium Discount for Use of Insulating Concrete Form System › Section 2006.003. Property Inspection

Sec. 2006.003.  PROPERTY INSPECTION.  (a)  If determined necessary by the commissioner, the rules adopted under this subchapter may require an inspection of the property to be insured.
(b)  The applicant shall pay the costs of a required inspection.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter A. Optional Premium Discount for Use of Insulating Concrete Form System › Section 2006.004. Premium Discount; Exception

Sec. 2006.004.  PREMIUM DISCOUNT; EXCEPTION.  (a)  The commissioner by rule shall establish the premium discount under this subchapter based on sound actuarial principles.
(b)  The commissioner may approve a premium discount greater or less than the discount established by rule under Subsection (a) if:
(1)  the insurer files the proposed discount with the department; and
(2)  the commissioner determines that the proposed discount is actuarially justified.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter A. Optional Premium Discount for Use of Insulating Concrete Form System › Section 2006.005. Rules

Sec. 2006.005.  RULES.  The commissioner may adopt rules as necessary to implement this subchapter in addition to other rules adopted under 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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter B. Optional Premium Discounts and Rating Programs for Certain Residential Property Insurance Policies › Section 2006.051. Definitions

Sec. 2006.051.  DEFINITIONS.  In this subchapter:
(1)  "Affiliate" means an entity classified as an affiliate under Section 823.003.
(2)  "Insurer" means an insurer authorized to write residential property insurance, including:
(A)  a county mutual insurance company;
(B)  a farm mutual insurance company;
(C)  a Lloyd's plan; and
(D)  a reciprocal or interinsurance exchange.
(3)  "Residential property insurance" means property or property and casualty insurance covering a dwelling, including:
(A)  homeowners insurance;
(B)  residential fire and allied lines insurance;
(C)  farm and ranch insurance; and
(D)  farm and ranch owners 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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter B. Optional Premium Discounts and Rating Programs for Certain Residential Property Insurance Policies › Section 2006.052. Optional Premium Discount

Sec. 2006.052.  OPTIONAL PREMIUM DISCOUNT.  (a)  Except as provided by Section 2006.053, an insurer that issues a residential property insurance policy may:
(1)  discount the premiums that would otherwise be charged for the policy by not less than three percent if the policyholder:
(A)  has continuously been a residential property insurance policyholder with the insurer or an affiliate of the insurer; and
(B)  has not filed a residential property insurance claim during the three years before the effective date of the policy; and
(2)  increase the amount of the discount by one percent for each subsequent year in which the policyholder:
(A)  has been a residential property insurance policyholder with the insurer or an affiliate of the insurer; and
(B)  has not filed a residential property insurance claim.
(b)  This section applies to an insurer that uses a tier classification or discount program that has a premium consequence based in whole or in part on claims experience, regardless of whether any of the policies that continuously covered the policyholder was a different kind of residential property insurance policy from the policy eligible for the premium discount.
(c)  A residential property insurance claim under this section does not include a claim:
(1)  resulting from a loss caused by natural causes;
(2)  that is filed but is not paid or payable under the policy; or
(3)  that an insurer is prohibited from using under Section 544.353.
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.040(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.040(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter B. Optional Premium Discounts and Rating Programs for Certain Residential Property Insurance Policies › Section 2006.0521. Compliance With Other Law Required

Sec. 2006.0521.  COMPLIANCE WITH OTHER LAW REQUIRED.  Any change in the amount of a premium discount provided under this subchapter must comply with the requirements of Section 551.107.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.040(b), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.040(b), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter B. Optional Premium Discounts and Rating Programs for Certain Residential Property Insurance Policies › Section 2006.053. Approval of Certain Actuarially Justified Premium Discounts and Rating Programs

Sec. 2006.053.  APPROVAL OF CERTAIN ACTUARIALLY JUSTIFIED PREMIUM DISCOUNTS AND RATING PROGRAMS.  The commissioner may approve:
(1)  a premium discount filed with the department that is greater or less than the discount specified by Section 2006.052 if the commissioner determines the discount is actuarially justified; or
(2)  a rating program filed with the department that is based on claim or loss experience and is not a discount described by Section 2006.052 or Subdivision (1) if the commissioner determines the program is actuarially justified.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 569 (H.B. 2776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter B. Optional Premium Discounts and Rating Programs for Certain Residential Property Insurance Policies › Section 2006.054. Limit on Premium Discount

Sec. 2006.054.  LIMIT ON PREMIUM DISCOUNT.  An insurer that provides a premium discount under Section 2006.052 is not required to provide the discount in an amount that exceeds 10 percent of the premiums that would otherwise be charged for the residential property insurance policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 569 (H.B. 2776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2006 - Premium Rate Discounts and Rating Programs › Subchapter B. Optional Premium Discounts and Rating Programs for Certain Residential Property Insurance Policies › Section 2006.055. Rules and Guidelines

Sec. 2006.055.  RULES AND GUIDELINES.  (a)  The commissioner shall adopt rules as necessary to implement Section 2006.052.
(b)  The commissioner by rule shall establish guidelines under which an insurer that provides a premium discount under  Section 2006.052 shall determine the appropriate discount based on sound actuarial principles.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 569 (H.B. 2776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.001. Applicability of Chapter

Sec. 2007.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to an insurer that:
(1)  is authorized to engage in business in this state, including a stock company, mutual insurance company, farm mutual insurance company, county mutual insurance company, Lloyd's plan, and reciprocal or interinsurance exchange; and
(2)  writes a policy of:
(A)  homeowners insurance;
(B)  fire insurance;
(C)  farm and ranch owners insurance;
(D)  private passenger automobile physical damage insurance;
(E)  commercial automobile physical damage insurance; or
(F)  commercial multiple peril 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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.002. Assessment

Sec. 2007.002.  ASSESSMENT.  The comptroller shall assess against all insurers to which this chapter applies amounts for each state fiscal year necessary, as determined by the commissioner, to collect a combined total equal to the lesser of:
(1)  the total amount that the General Appropriations Act appropriates from the volunteer fire department assistance fund account in the general revenue fund for that state fiscal year other than appropriations for contributions to the Texas Emergency Services Retirement System made under Section 614.104(d), Government Code; or
(2)  $30 million.
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. 932 (H.B. 3315), Sec. 20, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 835 (H.B. 7), Sec. 9, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 24, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.003. Determination of Assessment

Sec. 2007.003.  DETERMINATION OF ASSESSMENT.  (a)  In this section, "net direct premium" means the gross direct premium written and reported by an insurer on annual financial statements on:
(1)  an insurance policy described by Section 2007.001(2), other than a commercial multiple peril policy; and
(2)  the nonliability portion of a commercial multiple peril policy.
(b)  Each insurer shall pay a portion of the assessment in the proportion that the insurer's net direct premiums for the period for which the assessment is made bear to the aggregate net direct premiums written in this state by all insurers for that period.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.004. Dates of Assessment and Payment

Sec. 2007.004.  DATES OF ASSESSMENT AND PAYMENT.  (a)  The comptroller shall assess insurers under this chapter on or before September 1 of each year.
(b)  An insurer shall pay the amount of the insurer's assessment on or after the 60th day after the date the comptroller assesses 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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.005. Recovery of Assessment

Sec. 2007.005.  RECOVERY OF ASSESSMENT.  An insurer may recover an assessment under this chapter by:
(1)  reflecting the assessment as an expense in a rate filing required under this code; or
(2)  charging the insurer's policyholders.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.006. Notice to Policyholders

Sec. 2007.006.  NOTICE TO POLICYHOLDERS.  (a)  An insurer that recovers an assessment by charging the insurer's policyholders under Section 2007.005 shall provide notice to each policyholder regarding the amount of the assessment being recovered.
(b)  The notice may be included on:
(1)  a declarations page;
(2)  a renewal certificate; or
(3)  a billing statement.
(c)  The commissioner by rule may adopt a form for providing the 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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.007. Volunteer Fire Department Assistance Fund

Sec. 2007.007.  VOLUNTEER FIRE DEPARTMENT ASSISTANCE FUND.  The comptroller shall credit assessments collected under this chapter to the volunteer fire department assistance fund created under Section 614.104, Government Code.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2007 - Assessment for Rural Fire Protection › Section 2007.008. Rules; Cooperation

Sec. 2007.008.  RULES; COOPERATION.  (a)  The comptroller and the commissioner shall adopt rules as necessary to implement this chapter.
(b)  The comptroller and the department shall cooperate as necessary to implement this chapter.
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 D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2008 - Coverage for Certain Damage to Property Built Wholly or Partially Over Water › Section 2008.001. Applicability of Chapter

Sec. 2008.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to an insurer described by Section 2251.003(a).
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.002, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2008 - Coverage for Certain Damage to Property Built Wholly or Partially Over Water › Section 2008.002. Coverage; Limits and Deductibles

Sec. 2008.002.  COVERAGE; LIMITS AND DEDUCTIBLES.  (a)  An insurance policy written by an insurer against loss or damage by windstorm, hurricane, or hail may include coverage for:
(1)  a building or other structure that is built wholly or partially over water; and
(2)  the corporeal movable property contained in a building or structure described by Subdivision (1).
(b)  An insurer that writes coverage described by Subsection (a) may impose appropriate limits of coverage and deductibles for the coverage.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.002, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter A. Applicability and Construction › Section 2051.001. Definition

Sec. 2051.001.  DEFINITION.  In this chapter, "insurance company" means a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan authorized to engage in the business of workers' compensation 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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter A. Applicability and Construction › Section 2051.002. Construction of Certain Laws

Sec. 2051.002.  CONSTRUCTION OF CERTAIN LAWS.  The following shall be construed and applied independently of any other law that relates to insurance rates and forms or prescribes the duties of the commissioner or the department:
(1)  this chapter;
(2)  Chapter 251, as that chapter relates to workers' compensation insurance; and
(3)  Chapters 255, 426, 2052, 2053, and 2055.
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. 2H.003, eff. April 1, 2009.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(f), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter B. Compensation and Expenses › Section 2051.051. Limitation on Compensation and Expenses

Sec. 2051.051.  LIMITATION ON COMPENSATION AND EXPENSES.  The total amount of necessary compensation of experts, clerical personnel, and other department employees, necessary travel expenses, and other expenses necessarily incurred to implement the purposes of the laws referenced in Sections 2051.002(1), (2), (3), (4), and (5) may not exceed the total amount assessed and collected from insurance companies writing workers' compensation 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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter C. Policyholder Duties › Section 2051.101. Disclosure by Policyholder Required

Sec. 2051.101.  DISCLOSURE BY POLICYHOLDER REQUIRED.  (a)  A policyholder shall fully disclose to the policyholder's insurance company:
(1)  information concerning the policyholder's ownership, change of ownership, operations, or payroll; and
(2)  the policyholder's records relating to workers' compensation insurance.
(b)  The commissioner shall adopt rules necessary to implement 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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter D. Duties and Prohibited Acts; Enforcement › Section 2051.151. Notice of Claims Information to Policyholder Required; Administrative Penalty

Sec. 2051.151.  NOTICE OF CLAIMS INFORMATION TO POLICYHOLDER REQUIRED; ADMINISTRATIVE PENALTY.  (a)  Except as otherwise provided by Subsection (b), an insurance company that writes workers' compensation insurance in this state shall notify a policyholder of a claim that is filed against the policyholder's policy and, after the initial notice, the company shall notify the policyholder of:
(1)  any proposal to settle the claim; or
(2)  on receipt of a written request from the policyholder, any administrative or judicial proceeding relating to the resolution of the claim.
(b)  A policyholder may waive the notice required by Subsection (a).
(c)  An insurance company that writes workers' compensation insurance in this state, on the written request of a policyholder, shall provide to the policyholder:
(1)  a list of:
(A)  claims charged against the policy; and
(B)  payments made and reserves established on each claim; and
(2)  a statement explaining the effect of claims on premium rates.
(d)  The insurance company shall provide the information described by Subsection (c) in writing not later than the 30th day after the date the company receives the policyholder's written request for the information.  For purposes of this subsection, information is considered to be provided to the policyholder on the date the information is:
(1)  received by the United States Postal Service; or
(2)  personally delivered to the policyholder.
(e)  An insurance company that fails to comply with this section commits an administrative violation under Subtitle A, Title 5, Labor Code.
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.041(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.041(a), eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter D. Duties and Prohibited Acts; Enforcement › Section 2051.152. Prohibited Acts by Person; Administrative Penalty

Sec. 2051.152.  PROHIBITED ACTS BY PERSON; ADMINISTRATIVE PENALTY.  (a)  A person commits an administrative violation if the person:
(1)  to obtain workers' compensation insurance coverage for the person or another person, intentionally or knowingly:
(A)  makes a false statement;
(B)  misrepresents or conceals a material fact;
(C)  makes a false entry in, fabricates, alters, conceals, or destroys a document; or
(D)  conspires to commit an act listed in Paragraph (A), (B), or (C); or
(2)  intentionally and knowingly obtains or maintains:
(A)  workers' compensation insurance coverage from an insurer that is not authorized to engage in business in this state; or
(B)  alternative coverage from an insurer in violation of this code.
(b)  An administrative violation under Subsection (a) is punishable by an administrative penalty not to exceed $5,000 assessed in accordance with the procedures established for an administrative violation under Chapter 415, Labor Code.
(c)  Each day an administrative violation under Subsection (a)(2) occurs or continues is a separate violation.
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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter D. Duties and Prohibited Acts; Enforcement › Section 2051.153. Liability of Policyholder for Additional Premium

Sec. 2051.153.  LIABILITY OF POLICYHOLDER FOR ADDITIONAL PREMIUM.  (a)  If a policyholder commits an administrative violation under Section 2051.152 and obtains workers' compensation insurance coverage at a premium that is less than the premium that would have been charged if the policyholder had not committed the administrative violation, the policyholder is liable to the insurer for:
(1)  the difference between the premium due and the premium actually charged; and
(2)  reasonable interest and attorney's fees.
(b)  For the purposes of this section, "insurer" includes the Texas Mutual Insurance Company.
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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter D. Duties and Prohibited Acts; Enforcement › Section 2051.154. Prohibited Act by Insurer; Administrative Penalty

Sec. 2051.154.  PROHIBITED ACT BY INSURER; ADMINISTRATIVE PENALTY.  (a)  An insurer commits an administrative violation if the insurer directly or indirectly requires a person to apply for or purchase an insurance policy, other than a workers' compensation insurance policy, as a condition of issuing a workers' compensation insurance policy.
(b)  An insurer that violates this section is subject to administrative penalties under Chapter 84.
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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter D. Duties and Prohibited Acts; Enforcement › Section 2051.155. Sanction of Agent Required

Sec. 2051.155.  SANCTION OF AGENT REQUIRED.  The commissioner shall impose a sanction in accordance with Chapter 82 against an agent who commits an administrative violation under Section 2051.152 or 2051.154.
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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter D. Duties and Prohibited Acts; Enforcement › Section 2051.156. Cancellation of Certificate of Authority Required

Sec. 2051.156.  CANCELLATION OF CERTIFICATE OF AUTHORITY REQUIRED.  The commissioner shall cancel an insurance company's certificate of authority to engage in the business of workers' compensation insurance in this state on a second conviction of an officer or representative of the company for violating a provision of a law referenced in Section 2051.002(1), (2), (3), (4), or (5) relating to that business.
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 E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter D. Duties and Prohibited Acts; Enforcement › Section 2051.157. Penalty for Certain Violations

Sec. 2051.157.  PENALTY FOR CERTAIN VIOLATIONS.  An officer or other representative of an insurance company is subject to a fine of not less than $100 or more than $500 if the officer or other representative violates any provision of the following relating to the company's business:
(1)  Subchapter A or B;
(2)  Section 2051.156 or 2051.201;
(3)  Chapter 426 or 2052;
(4)  Subchapter A, C, or D, Chapter 2053; or
(5)  Section 2053.051, 2053.052, or 2053.055.
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. 2H.004, eff. April 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 558 (S.B. 1336), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2051 - General Provisions: Workers' Compensation Insurance › Subchapter E. Rules › Section 2051.201. Rulemaking Authority: Workers' Compensation Insurance

Sec. 2051.201.  RULEMAKING AUTHORITY:  WORKERS' COMPENSATION INSURANCE.  The commissioner may adopt and enforce all reasonable rules as are necessary to carry out the provisions of a law referenced in Section 2051.002(1), (2), (3), (4), or (5).
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 E - Workers' Compensation Insurance › Chapter 2052 - Policy Provisions and Forms for Workers' Compensation Insurance › Section 2052.001. Definition

Sec. 2052.001.  DEFINITION.  In this chapter, "insurance company" means a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan authorized to engage in the business of workers' compensation 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 E - Workers' Compensation Insurance › Chapter 2052 - Policy Provisions and Forms for Workers' Compensation Insurance › Section 2052.002. Standard Policy Forms and Uniform Policy; Exceptions

Sec. 2052.002.  STANDARD POLICY FORMS AND UNIFORM POLICY; EXCEPTIONS.  (a)  The commissioner shall prescribe standard policy forms and a uniform policy for workers' compensation insurance.
(b)  In writing workers' compensation insurance in this state, an insurance company may not use a form other than one prescribed under this section unless the form is an endorsement:
(1)  appropriate to the company's plan of operation; and
(2)  submitted to and approved by the department.
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 E - Workers' Compensation Insurance › Chapter 2052 - Policy Provisions and Forms for Workers' Compensation Insurance › Section 2052.003. Agreement Required to Be Contained in Application and Policy

Sec. 2052.003.  AGREEMENT REQUIRED TO BE CONTAINED IN APPLICATION AND POLICY.  (a)  A contract or other agreement with respect to workers' compensation insurance coverage that is not contained in the application and policy required by this chapter violates this subtitle and is void.
(b)  An insurance company that uses a contract or other agreement described by Subsection (a) engages in conduct that constitutes sufficient grounds for the revocation of the company's certificate of authority to write workers' compensation 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 E - Workers' Compensation Insurance › Chapter 2052 - Policy Provisions and Forms for Workers' Compensation Insurance › Section 2052.004. Policyholder Dividends

Sec. 2052.004.  POLICYHOLDER DIVIDENDS.  (a)  Subject to Subsections (b) and (c), this subtitle may not be construed to prohibit an insurance company, including the Texas Mutual Insurance Company, from issuing participating policies.
(b)  A policyholder dividend under a workers' compensation insurance policy:
(1)  must be approved by the department if the insurer's policyholder dividend amount exceeds 10 percent of surplus; and
(2)  may not be approved by the department until the insurance company has adequate reserves.
(c)  For purposes of Subsection (b), reserves must be computed on the same basis for all classes of insurance companies operating under this subtitle and Section 2051.002.
(d)  An insurer must notify the department in writing of a distribution if the insurer's policyholder dividend amount is not greater than 10 percent of surplus.
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. 2H.005, eff. April 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 463 (S.B. 1006), Sec. 7, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.001. Definitions

Sec. 2053.001.  DEFINITIONS.  In this subchapter:
(1)  "Filer" means an insurance company that files rates, prospective loss costs, or supplementary rating information under this subchapter.
(2)  "Insurance company" means a person authorized to engage in the business of workers' compensation insurance in this state.  The term includes:
(A)  the Texas Mutual Insurance Company;
(B)  a Lloyd's plan under Chapter 941; and
(C)  a reciprocal and interinsurance exchange under Chapter 942.
(2-a)  "Premium" means the amount charged for a workers' compensation insurance policy, including any endorsements, after the application of individual risk variations based on loss or expense considerations.
(3)  "Prospective loss cost" means that portion of a rate that:
(A)  does not include a provision for expenses or profit, other than loss adjustment expenses; and
(B)  is based on historical aggregate losses and loss adjustment expenses projected by development to the ultimate value of those losses and expenses and projected through trending to a future point in time.
(4)  "Rate" means the cost of workers' compensation insurance per exposure unit, whether expressed as a single number or as a prospective loss cost, adjusted to account for the treatment of expenses, profit, and individual insurance company variation in loss experience, before applying individual risk variations based on loss or expense considerations.  The term does not include a minimum premium.
(5)  "Supplementary rating information" means any manual, rating plan or schedule, plan of rules, rating rule, classification system, territory code or description, or other similar information required to determine the applicable premium for an insured.  The term includes increased limits factors, deductible relativities, and other similar factors and relativities.
(6)  "Supporting information" means:
(A)  the experience and judgment of the filer and the experience or information of other insurance companies;
(B)  the interpretation of any other information on which the filer relied;
(C)  a description of methods used in making a rate; and
(D)  any other information the department requires to be filed.
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.042(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.042(a), eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 558 (S.B. 1336), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.002. Rate Standards

Sec. 2053.002.  RATE STANDARDS.  (a)  In setting rates, an insurance company shall consider:
(1)  past and prospective loss cost experience;
(2)  operation expenses;
(3)  investment income;
(4)  a reasonable margin for profit and contingencies;
(5)  the effect on premiums of individual risk variations based on loss or expense considerations; and
(6)  any other relevant factor.
(b)  A rate or premium established under this subchapter may not be excessive, inadequate, or unfairly discriminatory.
(c)  An insurance company may:
(1)  group risks by classification to establish rates and minimum premiums; and
(2)  modify classification rates to produce rates for individual risks in accordance with rating plans that establish standards for measuring variations in those risks on the basis of any factor listed in Subsection (a).
(d)  In setting rates that apply only to policyholders in this state, an insurance company shall use available premium, loss, claim, and exposure information from this state to the full extent that the information is actuarially credible.  The insurance company may use experience from outside this state as necessary to supplement information from this state that is not actuarially credible.
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.043(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.043(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.003. Rate Filing and Supporting Information

Sec. 2053.003.  RATE FILING AND SUPPORTING INFORMATION.  (a)  Each insurance company shall file with the department all rates, supplementary rating information, and reasonable and pertinent supporting information for risks written in this state.
(b)  An insurance company may not make a filing described by Subsection (a) more frequently than once every six months.
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 E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.004. Public Information

Sec. 2053.004.  PUBLIC INFORMATION.  (a)  Each filing made, including any supporting information filed, under this subchapter is public information subject to Chapter 552, Government Code, including any applicable exception from required disclosure under that chapter.
(b)  Each year the department shall make available to the public information concerning the department's general process and methodology for rate review under this chapter, including factors that contribute to the disapproval of a rate.  Information provided under this subsection must be general in nature and may not reveal proprietary or trade secret information of any insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 309 (S.B. 978), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.005. Effective Date of Rate; Hearing

Sec. 2053.005.  EFFECTIVE DATE OF RATE; HEARING.  (a)  A filer shall designate the date a rate proposed in a filing made under Section 2053.003 is to take effect.  Subject to Subsections (b)-(d), the rate does not take effect until the department receives all necessary information required for the filing.
(b)  A filing made under Section 2053.003 takes effect on the date designated by the filer under Subsection (a) unless the department, not later than the 30th day after the date the department receives the filing, notifies the filer that the filing is missing specific required information.  The filer must provide the missing information not later than the 30th day after the date the filer is notified under this subsection.
(c)  If the filer in good faith believes that information requested under Subsection (b) has already been provided to the department, the filer may request a hearing.  The commissioner shall hold the hearing not later than the 30th day after the date the department receives the request for a hearing.
(d)  The commissioner shall issue an order not later than the 30th day after the date of the hearing under Subsection (c).  If the commissioner determines that the filing is still missing required information, the commissioner shall specify in the order the information that is missing.
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 E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.006. Disapproval of Rate Filing; Hearing

Sec. 2053.006.  DISAPPROVAL OF RATE FILING; HEARING.  (a)  The commissioner shall disapprove a rate filing made under Section 2053.003 if the commissioner determines that the filing does not meet the standards established under this subchapter.
(b)  If the commissioner disapproves a rate filing, the commissioner shall issue an order specifying in what respects the filing fails to meet the requirements of this subchapter.
(c)  A filer whose rate filing is disapproved is entitled to a hearing on written request made to the department not later than the 30th day after the date the order disapproving the filing takes effect.
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 E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.007. Disapproval of Rate; Hearing

Sec. 2053.007.  DISAPPROVAL OF RATE; HEARING.  (a)  The commissioner may issue an order after a hearing disapproving a rate that is in effect.  The commissioner must provide the insurance company that filed the rate written notice of the hearing not later than the 10th day before the date of the hearing.
(b)  The commissioner shall issue an order disapproving a rate under Subsection (a) not later than the 15th day after the close of the hearing.  The order must:
(1)  specify in what respects the rate fails to meet the requirements of this subchapter; and
(2)  state the date further use of the rate is prohibited.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.044, eff. September 1, 2007.
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.044, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.044, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.008. Effect of Disapproval Order

Sec. 2053.008.  EFFECT OF DISAPPROVAL ORDER.  (a)  If a workers' compensation insurance policy is issued and the commissioner subsequently disapproves the rate or filing that governs the premium charged on the policy, the policyholder may:
(1)  continue the policy at the original rate;
(2)  cancel the policy without penalty; or
(3)  enter into an agreement with the insurance company issuing the policy to amend the policy to reflect the premium that would have been charged based on the insurance company's most recently approved rate.
(b)  An amendment under Subsection (a)(3) may not take effect before the date further use of the rate is prohibited under an order issued under Section 2053.007.
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 E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.009. Grievance

Sec. 2053.009.  GRIEVANCE.  (a)  The office of public insurance counsel or an insured who is aggrieved with respect to a filing made under Section 2053.003 that is in effect may apply to the department in writing for a hearing on the filing.  The application must specify the grounds for the applicant's grievance.
(b)  The commissioner shall hold a hearing on an application filed under Subsection (a) not later than the 30th day after the date the department receives the application if the department determines that:
(1)  the application is made in good faith;
(2)  the applicant would be aggrieved as alleged if the grounds specified in the application were established; and
(3)  the grounds specified in the application otherwise justify holding the hearing.
(c)  The department shall provide written notice of a hearing under Subsection (b) to the applicant and to each insurance company that made the filing not later than the 10th day before the date of the hearing.  The notice must specify:
(1)  which of the grounds specified in the application are in question; and
(2)  whether the insurance company's entire filing will be considered at the hearing or whether the hearing is limited to consideration of the grounds specified in the application.
(d)  If, after the hearing, the commissioner determines that the filing does not meet the requirements of this subchapter, the commissioner shall issue an order specifying:
(1)  in what respects the filing fails to meet those requirements;
(2)  the date the filing is no longer in effect, which must be within a reasonable period that is not less than 60 days after the date the order is issued; and
(3)  whether the order applies with respect to all insureds affected by the filing or only with respect to the applicant, if the applicant was an aggrieved insured.
(e)  The department shall send copies of the order issued under Subsection (d) to the applicant and each affected insurance company.
(f)  An order issued under Subsection (d) does not affect an insurance policy or contract made or issued before the expiration of the period stated in the order.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.