reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter C. Prohibition; Enforcement › Section 101.103. Powers of Commissioner; Remedies for Certain Conduct

Sec. 101.103.  POWERS OF COMMISSIONER;  REMEDIES FOR CERTAIN CONDUCT.  (a)  If the commissioner has reason to believe a person, including an insurer, has violated or is threatening to violate this chapter or Chapter 226 or a rule adopted under this chapter or Chapter 226, or that a person, including an insurer, violating this chapter or Chapter 226 has engaged in or is threatening to engage in an unfair act, the commissioner may:
(1)  issue a cease and desist order;
(2)  impose an administrative penalty under Chapter 84;
(3)  direct the person to make restitution;
(4)  request the attorney general to recover a civil penalty, seek restitution, or seek injunctive relief, or any combination of those remedies, under this chapter or another law of this state; or
(5)  take any combination of those actions.
(b)  This section does not limit the department to the remedies specified in this section.  The department and this state may choose at any time, without regard to prior proceedings under this section, any available remedy or action to immediately stop or enjoin a person from engaging in the business of insurance without statutory authorization.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1274, Sec. 14, eff. April 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter C. Prohibition; Enforcement › Section 101.104. Request for Information

Sec. 101.104.  REQUEST FOR INFORMATION.  (a) If the commissioner or department has reason to believe that a person, including an insurer, is performing an act described by Section 101.051 or 101.052, the commissioner or department may send the person or insurer a written request for information relating to that act.
(b)  A person receiving an inquiry under Subsection (a) must respond to the inquiry in writing not later than the 15th day after the day the person receives the inquiry.  If the department or commissioner receives written notice from the person that additional time is required to respond to the inquiry, the department or commissioner shall grant a 10-day extension of the time to respond to the inquiry.
(c)  Failure of a person or insurer to provide the information requested constitutes a violation under this chapter and may be used as evidence to support the issuance of a cease and desist order under Chapter 83.  The commissioner may adopt as findings of fact allegations made by the department in a hearing under Chapter 83 if the department sought information on the allegations from the person or insurer who is the respondent in the proceeding in a request for information and the person or insurer failed, wholly or partly, to respond to the request.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter C. Prohibition; Enforcement › Section 101.105. Civil Penalty; Restitution and Injunctive Relief

Sec. 101.105.  CIVIL PENALTY; RESTITUTION AND INJUNCTIVE RELIEF.  (a)  A person or entity, including an insurer, that violates this chapter or Chapter 226 is subject to a civil penalty of not more than $25,000 for each act of violation and for each day of violation.
(b)  The commissioner may request that the attorney general institute a civil suit in a district court in Travis County for injunctive relief to restrain a person or entity, including an insurer, from continuing a violation or threat of violation described by Section 101.103(a).  On application for injunctive relief and a finding that a person or entity, including an insurer, is violating or threatening to violate this chapter or Chapter 226, the district court shall grant the injunctive relief and issue an injunction without bond.
(c)  On request by the commissioner, the attorney general shall institute and conduct a civil suit in the name of the state for injunctive relief, to recover a civil penalty, for restitution, or for any combination of those remedies, as authorized under this subchapter or another law of this state.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1274, Sec. 15, eff. April 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 10, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter C. Prohibition; Enforcement › Section 101.106. Criminal Penalty

Sec. 101.106.  CRIMINAL PENALTY.  (a)  A person, including an insurer, who intentionally, knowingly, or recklessly violates Section 101.102 commits an offense.
(b)  An offense under this section is a felony of the third degree.
(c)  It is a defense to prosecution under this section that Section 101.051 or 101.052, as applicable, by its terms does not apply to the person charged.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 819 (S.B. 781), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter D. Contested Cases; Prior Proceedings; Rules › Section 101.151. Powers of Commissioner; Notice of Hearing

Sec. 101.151.  POWERS OF COMMISSIONER; NOTICE OF HEARING.  (a)  The commissioner may set a hearing on whether to seek administrative relief under this chapter if the commissioner has reason to believe that:
(1)  an insurer or person has violated or is threatening to violate this chapter or a rule adopted under this chapter; or
(2)  an insurer or person acting in violation of this chapter has engaged in or is threatening to engage in an unfair act.
(b)  A proceeding under this chapter is a contested case for purposes of Chapter 2001, Government Code, and applicable rules.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1419, Sec. 25, eff. June 1, 2003;  Acts 2001, 77th Leg., ch. 1420, Sec. 11.009, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 13, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter D. Contested Cases; Prior Proceedings; Rules › Section 101.154. Enforcement; Referral to Attorney General

Sec. 101.154.  ENFORCEMENT; REFERRAL TO ATTORNEY GENERAL.  The commissioner may refer the matter to the attorney general for enforcement if the commissioner has reason to believe that an insurer or person has:
(1)  violated an order issued under this chapter; or
(2)  failed to pay an assessed penalty or restitution.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1419, Sec. 27, eff. June 1, 2003;  Acts 2001, 77th Leg., ch. 1420, Sec. 11.011, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 14, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter D. Contested Cases; Prior Proceedings; Rules › Section 101.155. Effect of Prior Proceedings

Sec. 101.155.  EFFECT OF PRIOR PROCEEDINGS.  The commissioner and department may proceed under this chapter or any other applicable law without regard to prior proceedings.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter D. Contested Cases; Prior Proceedings; Rules › Section 101.156. Rules

Sec. 101.156.  RULES.  The commissioner may adopt reasonable rules necessary to implement this chapter.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 15, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter E. Insurance Contracts With Unauthorized Insurers › Section 101.201. Validity of Insurance Contracts

Sec. 101.201.  VALIDITY OF INSURANCE CONTRACTS.  (a)  An insurance contract, agreement, or arrangement prohibited by Section 101.102, purported to be effective in this state and entered into by an unauthorized insurer or person, is unenforceable by the unauthorized insurer or person.  A person who in any manner assisted directly or indirectly in the procurement, processing, administration, claims handling, adjusting, or claims payment of the contract, agreement, or arrangement is liable to the insured for the full amount of a claim or loss under the terms of the contract, agreement, or arrangement if the unauthorized insurer or person fails to pay the claim or loss.
(b)  This section does not apply to insurance procured by a licensed surplus lines agent from an eligible surplus lines insurer, as defined by Chapter 981, and independently procured contracts of insurance, as described in Section 101.053(b)(4), that are reported and on which premium tax is paid in accordance with Chapter 225 or 226 or to another arrangement expressly authorized by law.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 11.012, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1274, Sec. 16, eff. April 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 16, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter E. Insurance Contracts With Unauthorized Insurers › Section 101.202. Attorney's Fees

Sec. 101.202.  ATTORNEY'S FEES.  (a)  In an action against an unauthorized insurer or unauthorized person on a contract, agreement, or arrangement of insurance issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, the court may award to the plaintiff a reasonable attorney's fee if:
(1)  the insurer or person failed, for at least 30 days after a demand made before the commencement of the action, to make payment under the terms of the contract, agreement, or arrangement; and
(2)  the failure to make the payment was vexatious and without reasonable cause.
(b)  An unauthorized insurer's or person's failure to defend an action described by Subsection (a) is prima facie evidence that the failure to make payment was vexatious and without reasonable cause.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1419, Sec. 28, eff. June 1, 2003;  Acts 2001, 77th Leg., ch. 1420, Sec. 11.013, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 17, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter E. Insurance Contracts With Unauthorized Insurers › Section 101.203. Investigation and Disclosure

Sec. 101.203.  INVESTIGATION AND DISCLOSURE.  (a)  If the commissioner has reason to believe that insurance has been effectuated by or for a person in this state with an unauthorized person or insurer, the commissioner shall in writing order the person to:
(1)  produce for examination all insurance contracts and other documents evidencing insurance with both authorized and unauthorized persons or insurers; and
(2)  disclose to the commissioner:
(A)  the amount of insurance;
(B)  the name and address of each insurer;
(C)  the gross amount of premiums paid or to be paid; and
(D)  the name and address of each person assisting in the solicitation, negotiation, or effectuation of the insurance.
(b)  A person who fails to comply with a written order under Subsection (a) before the 31st day after the date of the order or who wilfully makes a disclosure that is untrue, deceptive, or misleading shall forfeit:
(1)  $1,000; and
(2)  an additional $1,000 for each day the person continues to fail to comply after expiration of the 30-day period.
(c)  This section does not apply to:
(1)  a transaction in this state that:
(A)  involves a policy that:
(i)  is lawfully solicited, negotiated, written, and delivered outside this state; and
(ii)  covers, at the time the policy is issued, only subjects of insurance that are not resident, located, or expressly to be performed in this state; and
(B)  takes place after the policy is issued; or
(2)  surplus lines insurance procured through eligible surplus lines insurers as defined by Section 981.002.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.018, eff. April 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 18, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter G. Reporting of Unauthorized Insurance › Section 101.301. Reporting Required

Sec. 101.301.  REPORTING REQUIRED.  (a)  A person investigating or adjusting a loss or claim on a subject of insurance in this state shall immediately report to the department an insurance policy or contract that has been entered into by an insurer that is not authorized to transact the insurance in this state.
(b)  This section does not apply to:
(1)  a transaction described by Section 101.053(b)(4); or
(2)  surplus lines insurance procured through eligible surplus lines insurers as defined by Section 981.002.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.019, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter H. Certain Proceedings; Bond Requirements › Section 101.351. Definitions

Sec. 101.351.  DEFINITIONS.  (a)  In this subchapter, "court proceeding" includes an action or suit.
(b)  The definition of "state" assigned by Section 311. 005, Government Code, does not apply in this chapter.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter H. Certain Proceedings; Bond Requirements › Section 101.352. Applicability

Sec. 101.352.  APPLICABILITY.  This subchapter applies only to a court or administrative proceeding against an unauthorized person or insurer in which the person or insurer was served under Section 804.107.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter H. Certain Proceedings; Bond Requirements › Section 101.353. Bond Requirement for Court Proceeding

Sec. 101.353.  BOND REQUIREMENT FOR COURT PROCEEDING.  (a)  Except as provided by Subsection (c), before an unauthorized person or insurer may file a pleading in a court proceeding to which this subchapter applies, the person or insurer must deposit cash or securities or file a bond with good and sufficient sureties approved by the court in an amount determined by the court as sufficient to pay any final judgment that may be rendered in the proceeding.
(b)  An unauthorized person or insurer must file the deposit required by this section with the clerk of the court in which the proceeding is pending.
(c)  The court may issue an order waiving the deposit or bond required by this section if the unauthorized person or insurer demonstrates to the court's satisfaction that the person or insurer maintains sufficient available funds or securities in a state in the United States, in trust or otherwise, to satisfy any final judgment that may be rendered in the proceeding.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter H. Certain Proceedings; Bond Requirements › Section 101.354. Bond Requirement for Administrative Proceeding

Sec. 101.354.  BOND REQUIREMENT FOR ADMINISTRATIVE PROCEEDING.  (a)  Except as provided by Subsection (c), before an unauthorized person or insurer may file a pleading in an administrative proceeding of the department to which this subchapter applies, the person or insurer must, if required by statute, deposit cash or securities or file a bond with good and sufficient sureties approved by the commissioner in an amount determined by the commissioner as sufficient to pay any final order that may be entered in the proceeding.
(b)  An unauthorized person or insurer must file the deposit required by this section with the chief clerk of the department.
(c)  The commissioner may issue an order waiving the deposit or bond required by this section if the unauthorized person or insurer demonstrates to the commissioner's satisfaction that the person or insurer maintains sufficient available funds or securities in a state in the United States, in trust or otherwise, to satisfy any final order that may be entered in the proceeding.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter H. Certain Proceedings; Bond Requirements › Section 101.355. Postponement

Sec. 101.355.  POSTPONEMENT.  A court or the commissioner may order any postponement necessary to afford an unauthorized person or insurer a reasonable opportunity to:
(1)  comply with Section 101.353 or 101.354, as appropriate;  and
(2)  defend that court or administrative proceeding.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 101 - Unauthorized Insurance › Subchapter H. Certain Proceedings; Bond Requirements › Section 101.356. Motion to Quash

Sec. 101.356.  MOTION TO QUASH.  Sections 101.353 and 101.354 do not prevent an unauthorized person or insurer from filing a motion to quash a writ or to set aside service made under Section 804.107 on the ground that the person or insurer has not engaged in the business of insurance as described by Section 101.051.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 29, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter A. General Provisions › Section 102.001. Definitions

Sec. 102.001.  DEFINITIONS.  In this chapter:
(1)  "Charitable gift annuity" means an annuity:
(A)  that is payable over the lives of one or two individuals;
(B)  that is made in return for the transfer of cash or other property to a charitable organization;  and
(C)  the actuarial value of which is less than the value of the cash or other property transferred, with the difference in those values being a charitable deduction for federal tax purposes.
(2)  "Charitable organization" means an entity described by:
(A)  Section 501(c)(3), Internal Revenue Code of 1986;  or
(B)  Section 170(c), Internal Revenue Code of 1986.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter A. General Provisions › Section 102.002. Qualified Charitable Gift Annuity

Sec. 102.002.  QUALIFIED CHARITABLE GIFT ANNUITY.  A charitable gift annuity is a qualified charitable gift annuity for purposes of this chapter if it was issued before September 1, 1995, or if it is:
(1)  described by Section 501(m)(5), Internal Revenue Code of 1986;  and
(2)  issued by a charitable organization that on the date of the annuity agreement:
(A)  has, exclusive of the assets funding the annuity agreement, a minimum of $100,000 in unrestricted cash, cash equivalents, or publicly traded securities;  and
(B)  has been in continuous operation for at least three years or is a successor or affiliate of a charitable organization that has been in continuous operation for at least three years.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter B. Issuance of Charitable Gift Annuity › Section 102.051. Not Insurance; Effect of Certain Laws

Sec. 102.051.  NOT INSURANCE;  EFFECT OF CERTAIN LAWS.  The issuance of a qualified charitable gift annuity:
(1)  does not constitute engaging in the business of insurance in this state;
(2)  does not violate Section 15.05 or 17.46, Business & Commerce Code;  and
(3)  is not an unconscionable action or course of action for purposes of Section 17.50(a)(3), Business & Commerce Code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter C. Notice › Section 102.101. Notice to Donor

Sec. 102.101.  NOTICE TO DONOR.  (a)  A charitable organization that issues a qualified charitable gift annuity shall give to the donor, at the time an agreement for a qualified charitable gift annuity is entered into, written notice that the annuity is not:
(1)  insurance under the laws of this state;
(2)  subject to regulation by the department;  and
(3)  protected by a guaranty association affiliated with the department.
(b)  The notice must be in a separate paragraph of the annuity agreement in a print size at least as large as the print size generally used in the agreement.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter C. Notice › Section 102.102. Notice to Department

Sec. 102.102.  NOTICE TO DEPARTMENT.  (a)  A charitable organization that issues qualified charitable gift annuities shall notify the department's annuities division in writing not later than the date on which the organization enters into the organization's first qualified charitable gift annuity agreement.
(b)  The notice required by this section must:
(1)  be signed by an officer or director of the organization;
(2)  identify the organization;  and
(3)  certify that:
(A)  the organization is a charitable organization;  and
(B)  the annuities issued by the organization are qualified charitable gift annuities.
(c)  The charitable organization may not be required to submit additional information except to determine appropriate penalties under Section 102.104.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter C. Notice › Section 102.103. Effect on Annuity of Failure to Provide Notice

Sec. 102.103.  EFFECT ON ANNUITY OF FAILURE TO PROVIDE NOTICE.  A charitable gift annuity that otherwise meets the requirements of Section 102.002 is a qualified charitable gift annuity without regard to whether the charitable organization that issues the annuity complies with the notice requirements of this subchapter.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter C. Notice › Section 102.104. Enforcement of Notice Requirements

Sec. 102.104.  ENFORCEMENT OF NOTICE REQUIREMENTS.  (a)  The commissioner may enforce the notice requirements of this subchapter by sending by certified mail, return receipt requested, a letter demanding that the charitable organization comply with the notice requirements.
(b)  The department may fine the charitable organization in an amount not to exceed $1,000 for each qualified charitable gift annuity agreement issued by the organization until the time the organization complies with this subchapter.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter D. Effect of Charitable Gift Annuity in Litigation and Certain Other Proceedings › Section 102.151. Immunity

Sec. 102.151.  IMMUNITY.  Any person or entity involved in the issuance of a qualified charitable gift annuity shall have immunity from suit, including both a defense to liability and the right not to bear the cost, burden, and risk of discovery and trial, as to any claim brought by or on behalf of the donor or the donor's heirs or distributees alleging that the issuance of a charitable gift annuity constitutes engaging in the business of insurance in this state.  An interlocutory appeal may be taken if a court denies or otherwise fails to grant a motion for summary judgment that is based on an assertion of the immunity provided in this section.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 11.015(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle B - Discipline and Enforcement › Chapter 102 - Charitable Gift Annuities › Subchapter D. Effect of Charitable Gift Annuity in Litigation and Certain Other Proceedings › Section 102.152. Treatment of Annuity as Charitable Gift Annuity; Estoppel

Sec. 102.152.  TREATMENT OF ANNUITY AS CHARITABLE GIFT ANNUITY;  ESTOPPEL.  In any litigation or other proceeding brought by or on behalf of a donor or the donor's heirs or distributees, an annuity that the donor has treated as a charitable gift annuity in a filing with the United States Internal Revenue Service shall be considered to be a charitable gift annuity issued by a charitable organization, as described by Subchapters A and B and Section 101.053(b).
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 11.015(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.001. Definitions

Sec. 151.001.  DEFINITIONS.  In this chapter:
(1)  "Consolidated insurance program" means a program under which a principal provides general liability insurance coverage, workers' compensation insurance coverage, or both that are incorporated into an insurance program for a single construction project or multiple construction projects.
(2)  "Construction project" means construction, remodeling, maintenance, or repair of improvements to real property.  The term includes the immediate construction location and areas incidental and necessary to the work as defined in the construction contract documents.  A construction project under this chapter does not include a single family house, townhouse, duplex, or land development directly related thereto.
(3)  "Contractor" means any person who has entered into a construction contract or a professional services contract and is enrolled in the consolidated insurance program.
(4)  "Claim" includes a loss or liability for a claim, damage, expense, or governmentally imposed fine, penalty, administrative action, or other action.
(5)  "Construction contract" means a contract, subcontract, or agreement, or a performance bond assuring the performance of any of the foregoing, entered into or made by an owner, architect, engineer, contractor, construction manager, subcontractor, supplier, or material or equipment lessor for the design, construction, alteration, renovation, remodeling, repair, or maintenance of, or for the furnishing of material or equipment for, a building, structure, appurtenance, or other improvement to or on public or private real property, including moving, demolition, and excavation connected with the real property.  The term includes an agreement to which an architect, engineer, or contractor and an owner's lender are parties regarding an assignment of the construction contract or other modifications thereto.
(6)  "Indemnitor" means a party to a construction contract that is required to provide indemnification or additional insured status to another party to the construction contract or to a third party.
(7)  "Insurer" has the meaning assigned by Section 560.001.
(8)  "Principal" means the person who procures the insurance policy under a consolidated insurance program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.002. Rules

Sec. 151.002.  RULES.  The commissioner shall adopt rules as necessary to implement and enforce this subchapter and Subchapter B.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.003. Information Required to Be Provided by Principal Before Entering Construction Contract

Sec. 151.003.  INFORMATION REQUIRED TO BE PROVIDED BY PRINCIPAL BEFORE ENTERING CONSTRUCTION CONTRACT.  If a construction contract requires a person to enroll in a consolidated insurance program, not later than the 10th day before the date a principal enters into the contract with the person, the principal shall provide the following information about the consolidated insurance program to the person:
(1)  contact information, including phone number and e-mail address, for:
(A)  the program administrator;
(B)  the principal's risk manager; and
(C)  the insurer's contact person for filing a claim for each type of insurance coverage provided in the program;
(2)  the criteria for eligibility of enrollment into the program;
(3)  a description of the project site covered by the program coverages;
(4)  a summary of insurance coverages to be provided to the contractor under the program, including:
(A)  the policy form number and issuing organization if the policy is a standardized insurance policy or, if the policy is not standardized, a sample policy form;
(B)  per occurrence and aggregate limits of insurance coverages and any sublimits that may apply;
(C)  term of coverages for each limit and sublimit, if any; and
(D)  any material endorsements to the policy described under Paragraph (A);
(5)  a summary of insurance coverages to be provided by the contractor;
(6)  instructions on how to include or exclude costs of insurance provided by the program in the person's proposal for work on the construction project;
(7)  a description of the audit or claims procedures related to the program that may result in additional cost to a contractor, including the method of calculation for any assessment charged to a contractor related to the principal's payment of a policy deductible and any other specific cost amounts; and
(8)  a description of a contractor's duties related to reporting:
(A)  payroll and retention of documentation; and
(B)  claims and participation in safety inspections and incident reporting.
Added by Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.004. Information Required to Be Provided by Contractor Before Entering Construction Contract

Sec. 151.004.  INFORMATION REQUIRED TO BE PROVIDED BY CONTRACTOR BEFORE ENTERING CONSTRUCTION CONTRACT.  If a construction contract requires a person to enroll in a consolidated insurance program, not later than the 10th day before the date a contractor enters into the contract with the person, the contractor must provide to the person, in an accurate form, the information listed in Section 151.003 that the contractor received under that section.
Added by Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.005. Reliance on Information Provided

Sec. 151.005.  RELIANCE ON INFORMATION PROVIDED.  The information required under Section 151.003 must be accurate, and a person who receives the information under Section 151.003 or 151.004 may justifiably rely on the information to decide whether to enter into the construction contract.
Added by Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.006. Failure to Furnish

Sec. 151.006.  FAILURE TO FURNISH.  (a)  A person may not be required to enter into a construction contract that requires enrollment in a consolidated insurance program unless the person is provided the information in compliance with Section 151.003 or 151.004, as applicable.  If the information required under Section 151.003 is not provided to a person within the 10-day period under Section 151.003 or 151.004, as applicable, the person may elect not to enroll in the consolidated insurance program.
(b)  If a person elects not to enroll in the consolidated insurance program under Subsection (a), a principal or contractor may provide the person with the information required under Section 151.003 after the 10-day period under Section 151.003 or 151.004, as applicable.  The person must elect whether to enroll in the consolidated insurance program not later than the 10th day after the date that the information is provided under this subsection.
(c)  If a person elects not to enroll in the consolidated insurance program under Subsection (a) or (b) and enters into a construction contract for the construction project, the person must obtain insurance coverage for the person's work on the project that substantially complies with the coverage terms and liability limits imposed for other persons who work on the construction project but who are not insured under the consolidated insurance program.
(d)  The principal or contractor, as applicable, shall compensate a person with whom the principal or contractor contracts and who obtains insurance coverage under Subsection (c) for the actual cost of that insurance coverage.
Added by Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.007. Request for Insurance Policy; Deadline to Provide

Sec. 151.007.  REQUEST FOR INSURANCE POLICY; DEADLINE TO PROVIDE.  (a)  A contractor may request in writing from the principal, or from the party with which the contractor has a direct contractual relationship, a complete copy of the insurance policy that provides coverage for the contractor under the consolidated insurance program.
(b)  The copy described by Subsection (a) must be provided to the requesting contractor not later than the later of:
(1)  the 30th day after the date the request was sent; or
(2)  the 60th day after the date the contractor's work covered by the consolidated insurance program begins on the construction project.
Added by Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.008. Failure to Provide Insurance Policy

Sec. 151.008.  FAILURE TO PROVIDE INSURANCE POLICY.  It is a material breach of a contractor's construction contract if a complete copy of the insurance policy requested by the contractor under Section 151.007 is not provided before the later of:
(1)  the 75th day after the date the request was sent; or
(2)  the 90th day after the date the contractor's work covered by the consolidated insurance program begins on the construction project.
Added by Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter A. General Provisions › Section 151.009. Electronic Delivery

Sec. 151.009.  ELECTRONIC DELIVERY.  (a)  On a person's express request, a principal or contractor shall provide information under this subchapter in hard copy written form.
(b)  If a person does not expressly request information be provided in hard copy written form, the principal or contractor may comply with the requirements of this chapter by:
(1)  transmitting the information by facsimile or e-mail; or
(2)  allowing access to the information on the principal's, or the principal's agent's, Internet website.
Added by Acts 2015, 84th Leg., R.S., Ch. 427 (S.B. 1081), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter B. General Requirements › Section 151.051. Duration of General Liability Coverage

Sec. 151.051.  DURATION OF GENERAL LIABILITY COVERAGE.  A consolidated insurance program that provides general liability insurance coverage must provide completed operations insurance coverage for a policy period of not less than three years.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter C. Requirements Related to Indemnification › Section 151.101. Applicability

Sec. 151.101.  APPLICABILITY.  (a)  This subchapter applies to a construction contract for a construction project for which an indemnitor is provided or procures insurance subject to:
(1)  this chapter; or
(2)  Title 10.
(b)  Subsection (a) applies regardless of whether the insurance is provided or procured before or after execution of the contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter C. Requirements Related to Indemnification › Section 151.102. Agreement Void and Unenforceable

Sec. 151.102.  AGREEMENT VOID AND UNENFORCEABLE.  Except as provided by Section 151.103, a provision in a construction contract, or in an agreement collateral to or affecting a construction contract, is void and unenforceable as against public policy to the extent that it requires an indemnitor to indemnify, hold harmless, or defend a party, including a third party, against a claim caused by the negligence or fault, the breach or violation of a statute, ordinance, governmental regulation, standard, or rule, or the breach of contract of the indemnitee, its agent or employee, or any third party under the control or supervision of the indemnitee, other than the indemnitor or its agent, employee, or subcontractor of any tier.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter C. Requirements Related to Indemnification › Section 151.103. Exception for Employee Claim

Sec. 151.103.  EXCEPTION FOR EMPLOYEE CLAIM.  Section 151.102 does not apply to a provision in a construction contract that requires a person to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim for the bodily injury or death of an employee of the indemnitor, its agent, or its subcontractor of any tier.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter C. Requirements Related to Indemnification › Section 151.104. Unenforceable Additional Insurance Provision

Sec. 151.104.  UNENFORCEABLE ADDITIONAL INSURANCE PROVISION.  (a)  Except as provided by Subsection (b), a provision in a construction contract that requires the purchase of additional insured coverage, or any coverage endorsement, or provision within an insurance policy providing additional insured coverage, is void and unenforceable to the extent that it requires or provides coverage the scope of which is prohibited under this subchapter for an agreement to indemnify, hold harmless, or defend.
(b)  This section does not apply to a provision in an insurance policy, or an endorsement to an insurance policy, issued under a consolidated insurance program to the extent that the provision or endorsement lists, adds, or deletes named insureds to the policy.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter C. Requirements Related to Indemnification › Section 151.105. Exclusions

Sec. 151.105.  EXCLUSIONS.  This subchapter does not affect:
(1)  an insurance policy, including a policy issued under an owner-controlled or owner-sponsored consolidated insurance program or a contractor-controlled or contractor-sponsored consolidated insurance program, except as provided by Section 151.104;
(2)  a cause of action for breach of contract or warranty that exists independently of an indemnity obligation, including an indemnity obligation in a construction contract under a construction project for which insurance is provided under a consolidated insurance program;
(3)  indemnity provisions contained in loan and financing documents, other than construction contracts to which the contractor and owner's lender are parties as provided under Section 151.001(5);
(4)  general agreements of indemnity required by sureties as a condition of execution of bonds for construction contracts;
(5)  the benefits and protections under the workers' compensation laws of this state;
(6)  the benefits or protections under the governmental immunity laws of this state;
(7)  agreements subject to Chapter 127, Civil Practice and Remedies Code;
(8)  a license agreement between a railroad company and a person that permits the person to enter the railroad company's property as an accommodation to the person for work under a construction contract that does not primarily benefit the railroad company;
(9)  an indemnity provision pertaining to a claim based upon copyright infringement;
(10)  an indemnity provision in a construction contract, or in an agreement collateral to or affecting a construction contract, pertaining to:
(A)  a single family house, townhouse, duplex, or land development directly related thereto; or
(B)  a public works project of a municipality; or
(11)  a joint defense agreement entered into after a claim is made.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle C - Programs Affecting Multiple Lines of Insurance › Chapter 151 - Consolidated Insurance Programs › Subchapter D. Nonwaiver › Section 151.151. Nonwaiver

Sec. 151.151.  NONWAIVER.  A provision of this chapter may not be waived by contract or otherwise.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Insurance Code › Title 3 - Department Funds, Fees, and Taxes › Subtitle A - General Provisions › Chapter 201 - Collection of Revenue and Administration of Funds › Subchapter A. General Provisions › Section 201.001. Texas Department of Insurance Operating Account

Sec. 201.001.  TEXAS DEPARTMENT OF INSURANCE OPERATING ACCOUNT.  (a)  The Texas Department of Insurance operating account is an account in the general revenue fund.  The account includes the following:
(1)  taxes and fees received by the commissioner or comptroller that are required by this code to be deposited to the credit of the account;  and
(2)  money or credits received by the department or commissioner from sales, reimbursements, and fees authorized by law other than this code, including money or credits received from:
(A)  charges for providing copies of public information under Chapter 552, Government Code;
(B)  the disposition of surplus or salvage property under Subchapters C and D, Chapter 2175, Government Code;
(C)  the sale of publications and other printed material under Section 2052.301, Government Code;
(D)  miscellaneous transactions and sources under Section 403.011 or 403.012, Government Code;
(E)  charges for postage spent to serve legal process under Section 17.025, Civil Practice and Remedies Code;
(F)  the comptroller involving warrants for which payment is barred under Chapter 404, Government Code;
(G)  sales or reimbursements authorized by the General Appropriations Act;  and
(H)  the sale of property purchased with money from the account or a predecessor fund or account.
(b)  The commissioner shall administer money in the account and may spend money from the account in accordance with state law, rules adopted by the commissioner, and the General Appropriations Act.
(c)  Money deposited to the credit of the account may be used for any purpose for which money in the account is authorized to be used by law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.