reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1805 - Joint Underwriting and Advisory Organizations › Subchapter B. Advisory Organizations › Section 1805.060. Sunset Review

Sec. 1805.060.  SUNSET REVIEW.  During the period in which the Sunset Advisory Commission performs its review of the department under Chapter 325, Government Code, the commission shall review the authority granted 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 A - General Provisions › Chapter 1805 - Joint Underwriting and Advisory Organizations › Subchapter B. Advisory Organizations › Section 1805.061. Conflict With Other Law

Sec. 1805.061.  CONFLICT WITH OTHER LAW.  To the extent this subchapter conflicts with Section 2053.052(c), 2053.055, 2053.151, 2053.152, or 2053.153, or Subchapter A or C, Chapter 2053, with respect to the setting of rates for workers' compensation insurance, the referenced provision of Chapter 2053 controls.
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 A - General Provisions › Chapter 1805 - Joint Underwriting and Advisory Organizations › Subchapter C. Examinations › Section 1805.101. Examination Authorized

Sec. 1805.101.  EXAMINATION AUTHORIZED.  (a)  As often as the department determines expedient, the department may examine a group, association, or other organization referred to in this chapter, including an advisory organization described by Subchapter B.
(b)  An officer, manager, agent, or employee of the group, association, or organization may be examined at any time under oath and shall make available any book, record, account, document, or agreement governing the method of operation of the group, association, or organization.
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 A - General Provisions › Chapter 1805 - Joint Underwriting and Advisory Organizations › Subchapter C. Examinations › Section 1805.102. Examination Costs

Sec. 1805.102.  EXAMINATION COSTS.  The group, association, or other organization shall pay the reasonable costs of an examination under this subchapter on presentation of a detailed account of the costs.
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 A - General Provisions › Chapter 1805 - Joint Underwriting and Advisory Organizations › Subchapter C. Examinations › Section 1805.103. Out-of-State Examination

Sec. 1805.103.  OUT-OF-STATE EXAMINATION.  In lieu of an examination under this subchapter, the department may accept the report of an examination made by the insurance supervisory official of another state in accordance with the laws of that 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 A - General Provisions › Chapter 1805 - Joint Underwriting and Advisory Organizations › Subchapter D. Certain Practices in Joint Underwriting or Joint Reinsurance › Section 1805.151. Authority of Commissioner

Sec. 1805.151.  AUTHORITY OF COMMISSIONER.  If, after a hearing, the commissioner determines that an activity or practice of a group, association, or other organization of insurers engaging in joint underwriting or joint reinsurance is unfair, unreasonable, or otherwise inconsistent with this chapter or other applicable law, the commissioner may issue a written order:
(1)  specifying the manner in which the activity or practice is unfair, unreasonable, or inconsistent with the applicable law; and
(2)  requiring the group, association, or organization to discontinue the activity or practice.
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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter A. General Provisions › Section 1806.001. Definition

Sec. 1806.001.  DEFINITION.  In this chapter, "nonprofit business association" means a business association that is a nonprofit corporation exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, and its subsequent amendments by being described as an exempt organization by Section 501(c)(6) of that 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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter A. General Provisions › Section 1806.002. Construction of Certain Provisions; Services Related to Loss Control

Sec. 1806.002.  CONSTRUCTION OF CERTAIN PROVISIONS; SERVICES RELATED TO LOSS CONTROL.  (a)  Nothing in Section 1806.053, 1806.054, 1806.059, 1806.104, 1806.1041, 1806.153, 1806.1541, or 1806.156 may be construed as:
(1)  permitting an unfair method of competition or a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code; or
(2)  prohibiting an insurer or an insurer's agent from offering or giving to an insured or applicant, for free or at a discounted price in a manner that is not unfairly discriminatory to insureds or applicants of the same class and of essentially the same hazard, services or other offerings not specified in the insurance policy that relate to loss control of the risks covered under the policy, subject to Subsection (b).
(b)  The cost to the insurer or the insurer's agent offering the product or service to any given customer must be reasonable in comparison to that customer's premiums or insurance coverage for the policy class.
(c)  Other than for purposes related to loss control of risks covered under the policy, the insurer or insurer's agent offering the product or service may not provide to another person any data or other information obtained about the customer from or in connection with the product or service.
(d)  The commissioner may adopt rules as necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 396 (H.B. 1074), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.051. Applicability of Subchapter

Sec. 1806.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to an insurer writing automobile insurance in this state, including an insurance company, corporation, reciprocal or interinsurance exchange, mutual insurance company, association, Lloyd's plan, or other 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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.052. Construction of Subchapter

Sec. 1806.052.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed to prohibit the modification of rates by a rating plan that is filed in accordance with the requirements of Chapter 2251 or Article 5.13-2, as applicable, that has not been disapproved by the commissioner, and that is designed to encourage the prevention of accidents, and to account for all relevant factors inside and outside this state, including the peculiar hazards and experience of past and prospective individual risks.
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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.053. Discriminations or Distinctions

Sec. 1806.053.  DISCRIMINATIONS OR DISTINCTIONS.  Except as provided by this subchapter, with respect to business written in this state:
(1)  an insurer may not discriminate or make a distinction, or permit discrimination or a distinction to be made, among insureds having like hazards with respect to premiums charged for, or dividends or other benefits payable under, an insurance policy;
(2)  an insurer or an insurer's agent may not make an insurance contract or an agreement relating to that insurance, other than as expressed in the policy; and
(3)  an insurer or an insurer's agent or other representative may not directly or indirectly pay, allow, or give, or offer to pay, allow, or give, as an inducement to the insured, a rebate payable on the policy or a special favor or advantage in the dividends or other benefits to accrue, or anything of value, not specified in the policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 28 (S.B. 840), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.054. Other Prohibited Inducements

Sec. 1806.054.  OTHER PROHIBITED INDUCEMENTS.  Except as provided by Section 1806.055, 1806.056, or 1806.057, an insurer or an insurer's officer, director, agent, or other representative may not, for the purpose of writing the insurance of an insured, grant to the insured or contract with the insured for a special favor or advantage in dividends or other profits, or commissions or dividends of commissions or profits to accrue on the policy, or compensation or other valuable consideration not specified in the policy, or an inducement not specified in the policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.055. Profit Sharing Authorized; Certain Prohibitions

Sec. 1806.055.  PROFIT SHARING AUTHORIZED; CERTAIN PROHIBITIONS.  (a)  Section 1806.054 does not prohibit an insurer from sharing earned profits with the insurer's policyholders under a profit sharing agreement contained in the policy if:
(1)  the insurer shares profits uniformly among those insured under the policy; and
(2)  the insurer distributes earnings equitably among those insureds under the terms of the policy.
(b)  An insurer may not:
(1)  discriminate in the distribution of profits among insureds of the same class;
(2)  distribute the profit to an insured before the expiration of the policy; or
(3)  establish a class of insureds for the distribution of profits, except on the commissioner's approval.
(c)  A violation of this section is unjust discrimination and rebating.
(d)  The commissioner may revoke the certificate of authority of an insurer that violates this section or the license of an agent who violates 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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.056. Profit Sharing Based on Combat Duty Authorized

Sec. 1806.056.  PROFIT SHARING BASED ON COMBAT DUTY AUTHORIZED.  (a)  This subchapter does not prohibit an insurer from distributing to policyholders who are on active duty in the United States Armed Forces any estimated profits resulting from service by those policyholders in a foreign country in a combat theater of operations after January 1, 1990.
(b)  An insurer that elects to make distributions under this section must:
(1)  file a written application describing the insurer's distribution with the commissioner for approval of a policyholder dividend amount that exceeds 10 percent of surplus; or
(2)  notify the commissioner in writing of each distribution of a policyholder dividend amount that is not greater than 10 percent of surplus.
(c)  If the commissioner does not act on the application on or before the fifth business day after the date the commissioner receives the application, the distribution is considered approved.
(d)  An insurer may distribute estimated profits among policyholders under this section based on:
(1)  the time served by a policyholder in a combat theater of operations;
(2)  the location of the policyholder's military service;
(3)  the duration of the applicable insurance policy; or
(4)  any other reasonable basis.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 463 (S.B. 1006), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.057. Profit Sharing With Members of Certain Associations Authorized

Sec. 1806.057.  PROFIT SHARING WITH MEMBERS OF CERTAIN ASSOCIATIONS AUTHORIZED.  (a)  Section 1806.054 does not prohibit an insurer from sharing profits with policyholders who are part of a group program established by a nonprofit business association and who participate in the group program because of membership in the association.
(b)  An insurer that elects to make distributions under this section must:
(1)  file a written application describing the insurer's distribution with the commissioner for approval of a policyholder dividend amount that exceeds 10 percent of surplus; or
(2)  notify the commissioner in writing of each distribution of a policyholder dividend amount that is not greater than 10 percent of surplus.
(c)  If the commissioner does not act on the application on or before the fifth business day after the date the commissioner receives the application, the distribution is considered approved.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 463 (S.B. 1006), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.058. Participating Policies

Sec. 1806.058.  PARTICIPATING POLICIES.  (a)  This subchapter, Subtitle C, and Subchapter A, Chapter 5, may not be construed to prohibit:
(1)  a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan from operating under this subchapter, Subchapter A, Chapter 5, and Subtitle C; or
(2)  a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan from issuing participating policies.
(b)  An insurer must obtain commissioner approval before distributing a policyholder dividend if the dividend amount exceeds 10 percent of surplus.  The commissioner may not approve a distribution of profits or dividends until the insurer has adequate reserves.  The reserves must be computed on the same basis for all classes of insurers operating under this subchapter, Subtitle C, and Subchapter A, Chapter 5.
(c)  The insurer must notify the commissioner in writing of each 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 2013, 83rd Leg., R.S., Ch. 463 (S.B. 1006), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter B. Provisions Applicable to Automobile Insurance › Section 1806.059. Certain Promotional Practices Authorized

Sec. 1806.059.  CERTAIN PROMOTIONAL PRACTICES AUTHORIZED.  Section 1806.053 does not prohibit an insurer or an insurer's agent or other representative from, in connection with an offer or sale of an insurance policy subject to this subchapter, giving, providing, or allowing or offering to give, provide, or allow an item that is a promotional advertising item, educational item, or traditional courtesy commonly extended to consumers and that is valued at $25 or less.
Added by Acts 2013, 83rd Leg., R.S., Ch. 28 (S.B. 840), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.101. Definitions

Sec. 1806.101.  DEFINITIONS.  In this subchapter:
(1)  "Insurance" includes a suretyship.
(2)  "Insurer" means an insurance company or other legal entity described by Sections 1806.102(a) and (b).
(3)  "Policy" includes a bond.
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.032(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.032(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.103. Construction of Subchapter

Sec. 1806.103.  CONSTRUCTION OF SUBCHAPTER.  (a)  This subchapter does not limit in any manner the kinds or classes of insurance that an insurer may write under an appropriate statute or the insurer's charter or certificate of authority.
(b)  This subchapter may not be construed to prohibit the modification of rates by a rating plan that complies with Chapter 2251 or Article 5.13-2, as applicable.
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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.104. Prohibited Acts

Sec. 1806.104.  PROHIBITED ACTS.  (a)  Except as otherwise provided by this subchapter, an insurer, an insurer's employee, or a broker or agent may not knowingly:
(1)  issue an insurance policy that is not in accordance with an applicable filing; or
(2)  charge, demand, or receive a premium on an insurance policy that is not in accordance with an applicable filing.
(b)  Except as provided in an applicable filing, an insurer, an insurer's employee, or a broker or agent may not directly or indirectly pay, allow, or give, or offer to pay, allow, or give, as an inducement to insurance, or after insurance has been written, a rebate, discount, abatement, credit or reduction of the premium stated in an insurance policy, or a special favor or advantage in the dividends or other benefits to accrue on the policy, or any valuable consideration or inducement, not specified in the policy.
(c)  An insured named in an insurance policy or an employee of an insured may not knowingly receive or accept, directly or indirectly, a rebate, discount, abatement, credit, or reduction of the premium stated in an insurance policy, or a special favor or advantage or valuable consideration or inducement.
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.032(b), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.032(b), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.1041. Certain Promotional Practices Authorized

Sec. 1806.1041.  CERTAIN PROMOTIONAL PRACTICES AUTHORIZED.  Section 1806.104 does not prohibit an insurer, an insurer's employee, or a broker or agent from, in connection with an offer or sale of an insurance policy subject to this subchapter, giving, providing, or allowing or offering to give, provide, or allow an item that is a promotional advertising item, educational item, or traditional courtesy commonly extended to consumers and that is valued at $25 or less.
Added by Acts 2013, 83rd Leg., R.S., Ch. 28 (S.B. 840), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.105. Profit Sharing Authorized; Certain Prohibitions

Sec. 1806.105.  PROFIT SHARING AUTHORIZED; CERTAIN PROHIBITIONS.  (a)  This subchapter does not prohibit an insurer from sharing earned profits with the insurer's policyholders in accordance with a profit sharing agreement contained in the policy, provided that any profit sharing under the policy with those insureds must be uniform among the insureds and may consist only of the equitable distribution of earnings among the insureds in accordance with the terms of the policy.
(b)  An insurer may not:
(1)  discriminate in the distribution of profits among insureds of the same class;
(2)  distribute the profit to an insured before the expiration of the policy; or
(3)  establish a class of insureds for the distribution of profits, except on the commissioner's approval.
(c)  A distribution of profits or dividends to an insured may not take effect or be distributed until:
(1)  the insurer has adequate reserves, as computed on the same basis for all classes of insurers to which this subchapter applies; and
(2)  if the policyholder dividend amount exceeds 10 percent of surplus, the commissioner approves the distribution.
(d)  The insurer must notify the commissioner in writing of each 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 2013, 83rd Leg., R.S., Ch. 463 (S.B. 1006), Sec. 5, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.106. Profit Sharing With Certain Associations Authorized

Sec. 1806.106.  PROFIT SHARING WITH CERTAIN ASSOCIATIONS AUTHORIZED.  (a)  This subchapter does not prohibit an insurer from sharing profits with policyholders who are part of a group program established by a nonprofit business association and who participate in the group program because of membership in the association.
(b)  An insurer that elects to make distributions under this section must:
(1)  file a written application describing the insurer's distribution with the commissioner for approval of a policyholder dividend amount that exceeds 10 percent of surplus; or
(2)  notify the commissioner in writing of each distribution of a policyholder dividend amount that is not greater than 10 percent of surplus.
(c)  If the commissioner does not act on the application on or before the fifth business day after the date the commissioner receives the application, the distribution is considered approved.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 463 (S.B. 1006), Sec. 6, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.107. Enforcement

Sec. 1806.107.  ENFORCEMENT.  (a)  A violation of this subchapter is unjust discrimination and rebating.
(b)  The commissioner may revoke the certificate of authority of an insurer that violates this subchapter or the license of an agent who violates 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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter D. Provisions Applicable to Fire Insurance › Section 1806.151. Applicability of Subchapter

Sec. 1806.151.  APPLICABILITY OF SUBCHAPTER.  (a)  Each insurance policy or contract insuring property in this state against loss by fire, including a policy or contract or portion of a policy or contract that insures the shore end of a marine risk against loss by fire, must be issued in accordance with:
(1)  this subchapter;
(2)  Section 403.002;
(3)  Subchapter C, Chapter 5;
(4)  Subchapter H, Chapter 544; and
(5)  Chapters 252, 2001, 2002, 2003, 2004, 2005, 2006, and 2171.
(b)  An insurer issuing an insurance policy or contract described by Subsection (a), including a fire insurance company, marine insurance company, fire and marine insurance company, and fire and tornado insurance company, is governed by the laws described by Subsection (a).
(c)  This section applies to an insurer or to an insurance policy or contract regardless of:
(1)  the kind and character of property insured;
(2)  whether the property is:
(A)  fixed or movable;
(B)  stationary or in transit; or
(C)  consigned or billed for shipment inside or outside the boundaries of this state or to a foreign country;
(3)  whether the insurer is organized:
(A)  under the laws of this state, another state, territory, or possession of the United States, or a foreign country; or
(B)  by authority of the federal government; or
(4)  the kind of insurer or the name of the insurer issuing the policy or contract.
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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter D. Provisions Applicable to Fire Insurance › Section 1806.152. Construction of Subchapter

Sec. 1806.152.  CONSTRUCTION OF SUBCHAPTER.  (a)  This subchapter, Subtitle D, and Subchapter C, Chapter 5, may not be construed to deal with the collection of premiums, but each insurer may make rules and regulations the insurer considers just between the insurer and the insurer's agents and policyholders.
(b)  A bona fide extension of credit may not be construed as discrimination or as a violation of 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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter D. Provisions Applicable to Fire Insurance › Section 1806.153. Unjust Discrimination; Rebates

Sec. 1806.153.  UNJUST DISCRIMINATION; REBATES.  (a)  An insurer or an insurer's officer, director, agent, or other representative may not grant or contract for a special favor or advantage in:
(1)  dividends or other profits to accrue on an insurance policy;
(2)  commissions in the dividends or other profits to accrue on an insurance policy;
(3)  commissions or division of commission; or
(4)  a position, valuable consideration, or inducement not specified in an insurance policy.
(b)  An insurer may not directly or indirectly give, sell, or purchase or offer to give, sell, or purchase as an inducement to insurance or in connection with insurance:
(1)  stocks, bonds, or other securities of an insurer or other corporation, partnership, or individual;
(2)  dividends or profits that have accrued or will accrue on stocks, bonds, or other securities of an insurer or other corporation, partnership, or individual; or
(3)  anything of value not specified in the policy.
(c)  An insurer or an insurer's officer, director, agent, or other representative that violates this section has engaged in unjust discrimination.
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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter D. Provisions Applicable to Fire Insurance › Section 1806.154. Profit Sharing Authorized

Sec. 1806.154.  PROFIT SHARING AUTHORIZED.  (a)  Section 1806.153 does not prohibit an insurer from sharing profits with the insurer's policyholders if:
(1)  a profit sharing agreement is placed on or in the face of the policy;
(2)  the profit sharing is uniform and does not discriminate among individuals or among classes; and
(3)  the profit is not distributed to an insured before the expiration of the insurance policy.
(b)  An insurer or an insurer's officer, director, agent, or other representative that violates this section has engaged in unjust discrimination.
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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter D. Provisions Applicable to Fire Insurance › Section 1806.1541. Certain Promotional Practices Authorized

Sec. 1806.1541.  CERTAIN PROMOTIONAL PRACTICES AUTHORIZED.  Section 1806.153 does not prohibit an insurer from, in connection with an offer or sale of an insurance policy or contract subject to this subchapter, giving, providing, or allowing or offering to give, provide, or allow an item that is a promotional advertising item, educational item, or traditional courtesy commonly extended to consumers and that is valued at $25 or less.
Added by Acts 2013, 83rd Leg., R.S., Ch. 28 (S.B. 840), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter D. Provisions Applicable to Fire Insurance › Section 1806.155. Insurer Liability on Policy Issued Without Authority

Sec. 1806.155.  INSURER LIABILITY ON POLICY ISSUED WITHOUT AUTHORITY.  (a)  If an insurer or an insurer's agent issues an insurance policy without authority and the policyholder sustains a loss or damage covered under the policy, the insurer is liable to the policyholder under the policy in the same manner and to the same extent as if the insurer had been authorized to issue the policy, although the policy was issued in violation of this code.
(b)  This section may not be construed to give an insurer the authority to issue an insurance policy or contract other than as provided by this 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 A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter D. Provisions Applicable to Fire Insurance › Section 1806.156. Acceptance of Rebate or Other Inducement; Criminal Penalty

Sec. 1806.156.  ACCEPTANCE OF REBATE OR OTHER INDUCEMENT; CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly receives or accepts from an insurer, an insurer's agent, broker, or other representative, or any other person a rebate of premium payable on an insurance policy, or a special favor or advantage in dividends or other financial profits accrued or to accrue on the policy, or any valuable consideration, position or inducement not specified in the policy.
(b)  An offense under this section is punishable by:
(1)  a fine of not more than $100;
(2)  confinement in jail for not more than 90 days; or
(3)  both a fine and confinement under this subsection.
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 A - General Provisions › Chapter 1807 - Applicability to Marine Insurance › Section 1807.001. Definitions

Sec. 1807.001.  DEFINITIONS.  In this chapter:
(1)  "Insurable property and interests" includes:
(A)  goods, freights, and cargoes;
(B)  merchandise;
(C)  effects;
(D)  disbursements;
(E)  profits;
(F)  money, bullion, and precious stones;
(G)  securities;
(H)  choses in action;
(I)  evidences of debt;
(J)  valuable papers; and
(K)  bottomry and respondentia interests.
(2)  "Marine insurance" means:
(A)  insurance and reinsurance that covers:
(i)  loss or damage to:
(a)  a hull, vessel, or craft of any kind, an aid to navigation, a dry dock, or a marine railway, whether complete, under construction, or awaiting construction; or
(b)  insurable property and interests in respect to, appertaining to, or in connection with a risk or peril of navigation, transit, or transportation:
(1)  on or under a sea, lake, or river or other water, in the air, or on land in connection with or incident to export, import, or waterborne risks;
(2)  while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment;
(3)  while awaiting shipment; or
(4)  during any delay, storage, or transshipment or reshipment incident to the initial shipment;
(ii)  a marine builder or repairer risk;
(iii)  a marine protection or indemnity risk; or
(iv)  a war risk regarding any insurable property or interest described by this section; and
(B)  insurance defined as marine insurance by another statute, lawful custom, or rule adopted 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 A - General Provisions › Chapter 1807 - Applicability to Marine Insurance › Section 1807.002. Inapplicability of Certain Laws to Marine Insurance; Exception

Sec. 1807.002.  INAPPLICABILITY OF CERTAIN LAWS TO MARINE INSURANCE; EXCEPTION.  (a)  The following provisions do not apply to marine insurance:
(1)  Sections 36.002, 37.051, 403.002, and 501.159;
(2)  Subchapter H, Chapter 544;
(3)  Chapters 5, 252, 253, 493, 494, 1804, 1805, 1806, and 2171; and
(4)  Subtitles B, C, D, E, F, H, and I.
(b)  Subsection (a) does not apply to:
(1)  a farm mutual insurance company operating under Chapter 911;
(2)  a mutual insurance company engaged in business under Chapter 12, Title 78, Revised Statutes, before that chapter's repeal by Section 18, Chapter 40, Acts of the 41st Legislature, 1st Called Session, 1929, as amended by Section 1, Chapter 60, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, that retains the rights and privileges under the repealed law to the extent provided by those sections; or
(3)  a county mutual insurance company operating under Chapter 912.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 594 (S.B. 1070), Sec. 3.13, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1810 - Promotional Event Prize Programs › Section 1810.001. Definition

Sec. 1810.001.  DEFINITION.  In this chapter, "promotional event prize program" means a written contract entered into in this state for commercial marketing or promotional purposes:
(1)  under which a monetary risk is transferred from one or more parties to the contract to another party to the contract;
(2)  that does not require as a condition precedent to the imposition of contractual liability on the part of the person accepting the risk:
(A)  actual economic loss by the person who transfers the risk; or
(B)  submission of proof of economic loss by the person transferring the risk; and
(3)  that specifically states that the contract is not for insurance and performance under the contract is not covered by any state guaranty association.
Added by Acts 2007, 80th Leg., R.S., Ch. 246 (H.B. 2708), Sec. 1, eff. May 25, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1810 - Promotional Event Prize Programs › Section 1810.002. Program Not Insurance; Not Covered by Guaranty Association

Sec. 1810.002.  PROGRAM NOT INSURANCE; NOT COVERED BY GUARANTY ASSOCIATION.  A promotional event prize program does not constitute the business of insurance in this state.  A person's claim for performance under a contract for a promotional event prize program is not a covered claim under Chapter 462 and a promotional event prize program is not covered by the Texas Property and Casualty Insurance Guaranty Association or any other state guaranty association.
Added by Acts 2007, 80th Leg., R.S., Ch. 246 (H.B. 2708), Sec. 1, eff. May 25, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1810 - Promotional Event Prize Programs › Section 1810.003. Certain Marketing Prohibited

Sec. 1810.003.  CERTAIN MARKETING PROHIBITED.  A promotional event prize program may not be marketed or described as insurance.
Added by Acts 2007, 80th Leg., R.S., Ch. 246 (H.B. 2708), Sec. 1, eff. May 25, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter A. General Provisions › Section 1811.001. Definitions

Sec. 1811.001.  DEFINITIONS.  In this chapter:
(1)  "Agent" means a person required to hold a license as a property and casualty agent or surplus lines agent.
(2)  "Certificate holder" means a person, other than a policyholder:
(A)  who is designated on a certificate of insurance as a certificate holder; or
(B)  to whom a certificate of insurance has been issued by an insurer or agent at the request of the policyholder.
(3)  "Certificate of insurance" means a document, instrument, or record, including an electronic record, no matter how titled or described, that is executed by an insurer or agent and issued to a third person not a party to the subject insurance contract, as a statement or summary of property or casualty insurance coverage.  The term does not include an insurance binder or policy form.
(4)  "Electronic record" has the meaning assigned by Section 322.002, Business & Commerce Code.
(5)  "Insurance" means an insurance contract for property or casualty insurance.
(6)  "Insurer" means a company or insurance carrier that is engaged in the business of making property or casualty insurance contracts.  The term includes:
(A)  a stock fire or casualty insurance company;
(B)  a mutual fire or casualty insurance company;
(C)  a Mexican casualty insurance company;
(D)  a Lloyd's plan;
(E)  a reciprocal or interinsurance exchange;
(F)  a county mutual insurance company;
(G)  a farm mutual insurance company;
(H)  a risk retention group;
(I)  the Medical Liability Insurance Joint Underwriting Association under Chapter 2203;
(J)  the Texas Windstorm Insurance Association under Chapter 2210;
(K)  the FAIR Plan Association under Chapter 2211;
(L)  an eligible surplus lines insurer; and
(M)  any other insurer authorized to write property or casualty insurance in this state.
(7)  "Lender" has the meaning assigned by Section 549.001.
(8)  "Person" means:
(A)  an individual; or
(B)  a partnership, corporation, limited liability company, association, trust, or other legal entity, including an insurer or a political subdivision or agency of this state.
(9)  "Policyholder" means a person who has contracted with a property or casualty insurer for insurance coverage.
(10)  "Record" has the meaning assigned by Section 322.002, Business & Commerce Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter A. General Provisions › Section 1811.002. Applicability

Sec. 1811.002.  APPLICABILITY.  (a)  This chapter applies to a certificate holder, policyholder, insurer, or agent with regard to a certificate of insurance issued on property or casualty operations or a risk located in this state, regardless of where the certificate holder, policyholder, insurer, or agent is located.
(b)  This chapter may not be construed to apply to:
(1)  a statement, summary, or evidence of property insurance required by a lender in a lending transaction involving:
(A)  a mortgage;
(B)  a lien;
(C)  a deed of trust; or
(D)  any other security interest in real or personal property as security for a loan;
(2)  a certificate issued under:
(A)  a group or individual policy for:
(i)  life insurance;
(ii)  credit insurance;
(iii)  accident and health insurance;
(iv)  long-term care benefit insurance; or
(v)  Medicare supplement insurance; or
(B)  an annuity contract; or
(3)  standard proof of motor vehicle liability insurance under Section 601.081, Transportation Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter A. General Provisions › Section 1811.003. Rules

Sec. 1811.003.  RULES.  The commissioner may adopt rules as necessary or proper to accomplish the purposes of this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
Sec. 1811.004.  FILING FEE.  (a)  The department may collect a fee in an amount determined by the commissioner for the filing of a new or amended certificate of insurance form under this chapter.
(b)  The fee may not exceed $100.
(c)  A fee collected under this section shall be deposited to the credit of the Texas Department of Insurance operating account.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter B. Prohibited Acts and Practices › Section 1811.051. Altering, Amending, or Extending the Terms of an Insurance Policy; Contractual Rights of Certificate Holder

Sec. 1811.051.  ALTERING, AMENDING, OR EXTENDING THE TERMS OF AN INSURANCE POLICY; CONTRACTUAL RIGHTS OF CERTIFICATE HOLDER.  (a)  A property or casualty insurer or agent may not issue a certificate of insurance or any other type of document purporting to be a certificate of insurance if the certificate or document alters, amends, or extends the coverage or terms and conditions provided by the insurance policy referenced on the certificate or document.
(b)  A certificate of insurance or any other type of document may not convey a contractual right to a certificate holder.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter B. Prohibited Acts and Practices › Section 1811.052. Use of Approved Certificate of Insurance Forms

Sec. 1811.052.  USE OF APPROVED CERTIFICATE OF INSURANCE FORMS.  (a)  An insurer or an agent may not issue a certificate of insurance unless the form of the certificate:
(1)  has been filed with and approved by the department under Section 1811.101; or
(2)  is a standard form deemed approved by the department under Section 1811.103.
(b)  A person may not execute, issue, or require the issuance of a certificate of insurance for risks located in this state, unless the certificate of insurance form has been filed with and approved by the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter B. Prohibited Acts and Practices › Section 1811.053. Alteration or Modification of Approved Certificate of Insurance Forms

Sec. 1811.053.  ALTERATION OR MODIFICATION OF APPROVED CERTIFICATE OF INSURANCE FORMS.  A person may not alter or modify a certificate of insurance form approved under Section 1811.101 unless the alteration or modification is approved by the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter B. Prohibited Acts and Practices › Section 1811.054. Issuance of False or Misleading Certificate of Insurance

Sec. 1811.054.  ISSUANCE OF FALSE OR MISLEADING CERTIFICATE OF INSURANCE.  A person may not require the issuance of a certificate of insurance from an insurer, agent, or policyholder that contains any false or misleading information concerning the policy of insurance to which the certificate refers.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter B. Prohibited Acts and Practices › Section 1811.055. Request for Documents in Lieu of Certificate of Insurance

Sec. 1811.055.  REQUEST FOR DOCUMENTS IN LIEU OF CERTIFICATE OF INSURANCE.  A person may not require an agent or insurer, either in addition to or in lieu of a certificate of insurance, to issue any other document or correspondence, instrument, or record, including an electronic record, that is inconsistent with this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1811 - Certificates of Property and Casualty Insurance › Subchapter B. Prohibited Acts and Practices › Section 1811.056. Use of Disapproved Certificate of Insurance Forms

Sec. 1811.056.  USE OF DISAPPROVED CERTIFICATE OF INSURANCE FORMS.  A person who receives written notice under Section 1811.102 that a certificate of insurance form filed under this chapter has been disapproved by the commissioner shall immediately stop using the form.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1212 (S.B. 425), Sec. 1, eff. September 1, 2011.