reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.109. Renewal Extension for Certain Persons Performing Military Service

Sec. 36.109.  RENEWAL EXTENSION FOR CERTAIN PERSONS PERFORMING MILITARY SERVICE.  (a)  The department may extend the renewal period for a license, permit, certificate of authority, certificate of registration, or other authorization issued by the department to engage in an activity regulated under this code or other insurance laws of this state for a person who is unable in a timely manner to comply with renewal requirements, including any applicable continuing education requirements, because the person was on active duty in a combat theater of operations in the United States armed forces.
(b)  A person must submit a written application for an extension under this section to the department.
(c)  The department shall exempt a person who receives an extension under this section from any increased fee or other penalty otherwise imposed for failure to renew in a timely manner.
(d)  The commissioner may adopt rules as necessary to implement this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 11, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter B. Department Procedures › Section 36.110. Negotiated Rulemaking and Alternative Dispute Resolution Policy

Sec. 36.110.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The commissioner shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commissioner shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 1.003, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.151. Definition

Sec. 36.151.  DEFINITION.  In this subchapter, "records" includes books, accounts, documents, papers, correspondence, and other material.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.152. Subpoena Authority

Sec. 36.152.  SUBPOENA AUTHORITY.  (a)  With respect to a matter that the commissioner has authority to consider or investigate, the commissioner may issue a subpoena applicable throughout the state that requires:
(1)  the attendance and testimony of a witness;  and
(2)  the production of records.
(b)  In connection with a subpoena, the commissioner may require attendance and production of records before the commissioner or the commissioner's designee:
(1)  at the department's offices in Austin;  or
(2)  at another place designated by the commissioner.
(c)  In connection with a subpoena, the commissioner or the commissioner's designee may administer an oath, examine a witness, or receive evidence.
(d)  The commissioner must personally sign and issue the subpoena.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.001, eff. Sept. 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.153. Service of Subpoena

Sec. 36.153.  SERVICE OF SUBPOENA.  (a)  A subpoena issued by the commissioner may be served, at the discretion of the commissioner, by the commissioner, an authorized agent of the commissioner, a sheriff, or a constable.
(b)  The sheriff's or constable's fee for serving the subpoena is the same as the fee paid to the sheriff or constable for similar services.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.154. Enforcement of Subpoena

Sec. 36.154.  ENFORCEMENT OF SUBPOENA.  (a)  On application of the commissioner in the case of disobedience of a subpoena or the contumacy of a person, a district court may issue an order requiring a person subpoenaed to obey the subpoena, to give evidence, or to produce records if the person has refused to do so.
(b)  A court may punish as contempt the failure to obey a court order under Subsection (a).
(c)  If the court orders compliance with the subpoena or finds the person in contempt for failure to obey the order, the commissioner, or the attorney general when representing the department, may recover reasonable costs and fees, including attorney's fees and investigative costs incurred in the proceedings.
(d)  An application under Subsection (a) must be made in a district court in Travis County or in the county in which the subpoena is served.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.155. Compensation for Attendance

Sec. 36.155.  COMPENSATION FOR ATTENDANCE.  A person required by subpoena to attend a proceeding before the commissioner or the commissioner's designee is entitled to:
(1)  reimbursement for mileage in the same amount for each mile as the mileage travel allowance for a state employee for traveling to or from the place where the person's attendance is required, if the place is more than 25 miles from the person's place of residence;  and
(2)  a fee for each day or part of a day the person is required to be present as a witness that is equal to the greater of:
(A)  $10;  or
(B)  a state employee's per diem travel allowance.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.156. Out-of-State Materials

Sec. 36.156.  OUT-OF-STATE MATERIALS.  (a)  A person with materials located outside this state that are requested by the commissioner may make the materials available for examination at the place where the materials are located.
(b)  The commissioner may designate a representative, including an official of the state in which the materials are located, to examine the materials.
(c)  The commissioner may respond to a similar request from an official of another state or of the United States.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.157. Use as Evidence in Certain Cases

Sec. 36.157.  USE AS EVIDENCE IN CERTAIN CASES.  (a)  This section applies to testimony or records resulting in a case involving an allegation of engaging in the business of insurance without a license.
(b)  On certification by the commissioner under official seal, testimony taken or records produced under this subchapter or acquired in response to a request for information under Section 101.104 and held by the department are admissible in evidence in a case without:
(1)  prior proof of correctness; and
(2)  proof, other than the certificate of the commissioner, that the testimony or records were received from the person testifying or producing the records.
(c)  The certified records, or certified copies of the records, are prima facie evidence of the facts disclosed by the records.
(d)  This section does not limit any other provision of this subchapter or any law that makes provision for the admission or evidentiary value of certain evidence.
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. 1, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.158. Access to Information

Sec. 36.158.  ACCESS TO INFORMATION.  (a)  A record or other evidence acquired under a subpoena under this subchapter or in response to a request for information under Section 101.104 is not a public record for the period the commissioner considers reasonably necessary to:
(1)  complete the investigation;
(2)  protect the person being investigated from unwarranted injury; or
(3)  serve the public interest.
(b)  The record or other evidence is not subject to a subpoena, other than a grand jury subpoena, until:
(1)  the record or other evidence is released for public inspection by the commissioner;  or
(2)  after notice and a hearing, a district court determines that obeying the subpoena would not jeopardize the public interest and any investigation by the commissioner.
(c)  Except for good cause, a district court order under Subsection (b) may not apply to:
(1)  a record or communication received from another law enforcement or regulatory agency;  or
(2)  the internal notes, memoranda, reports, or communications made in connection with a matter that the commissioner has the authority to consider or investigate.
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. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.159. Privileged and Confidential Records and Information; Protective Orders

Sec. 36.159.  PRIVILEGED AND CONFIDENTIAL RECORDS AND INFORMATION;  PROTECTIVE ORDERS.  (a)  A record subpoenaed and produced under this subchapter that is otherwise privileged or confidential by law remains privileged or confidential until admitted into evidence in an administrative hearing or a court.
(b)  The commissioner may issue a protective order relating to the confidentiality or privilege of a record described by Subsection (a) to restrict the use or distribution of the record:
(1)  by a person;  or
(2)  in a proceeding other than a proceeding before the commissioner.
(c)  Specific information relating to a particular policy or claim is privileged and confidential while in the possession of an insurance company, organization, association, or other entity holding a certificate of authority from the department and may not be disclosed by the entity to another person, except as specifically provided by law.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.160. Cooperation With Law Enforcement

Sec. 36.160.  COOPERATION WITH LAW ENFORCEMENT.  On request, the commissioner may furnish records or other evidence obtained by subpoena to:
(1)  a law enforcement agency of this state, another state, or the United States;  or
(2)  a prosecuting attorney of a municipality, county, or judicial district of this state, another state, or the United States.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.161. Certain Subpoenas Issued to Financial Institutions

Sec. 36.161.  CERTAIN SUBPOENAS ISSUED TO FINANCIAL INSTITUTIONS.  A subpoena issued to a bank or other financial institution as part of a criminal investigation is not subject to Section 30.007, Civil Practice and Remedies 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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter C. General Subpoena Powers; Witnesses and Production of Records › Section 36.162. Effect on Contested Case

Sec. 36.162.  EFFECT ON CONTESTED CASE.  Sections 36.152, 36.156, 36.158, 36.160, and 36.161 do not affect the conduct of a contested case under Chapter 2001, Government 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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter D. Judicial Review › Section 36.201. Action Subject to Judicial Review

Sec. 36.201.  ACTION SUBJECT TO JUDICIAL REVIEW.  An action of the commissioner subject to judicial review under this subchapter includes a decision, order, rate, rule, form, or administrative or other ruling of the commissioner.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter D. Judicial Review › Section 36.2015. Actions Under Title 5, Labor Code

Sec. 36.2015.  ACTIONS UNDER TITLE 5, LABOR CODE.  Notwithstanding Section 36.201, a decision, order, form, or administrative or other rule of the commissioner of workers' compensation under Title 5, Labor Code, or a rule adopted by the commissioner of insurance under Title 5, Labor Code, is subject to judicial review as provided by Title 5, Labor Code.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.056, eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter D. Judicial Review › Section 36.202. Petition for Judicial Review

Sec. 36.202.  PETITION FOR JUDICIAL REVIEW.  (a)  After failing to get relief from the commissioner, any insurance company or other party at interest who is dissatisfied with an action of the commissioner may file a petition for judicial review against the commissioner as defendant.
(b)  The petition must state the particular objection to the action and may be filed only in a district court in Travis County.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter D. Judicial Review › Section 36.203. Judicial Review

Sec. 36.203.  JUDICIAL REVIEW.  Judicial review of the action is under the substantial evidence rule and shall be conducted under Chapter 2001, Government 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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter D. Judicial Review › Section 36.204. Action Not Vacated

Sec. 36.204.  ACTION NOT VACATED.  (a)  The filing of a petition for judicial review of an action under this subchapter does not vacate the action.
(b)  After notice and hearing, the court may vacate the action if the court finds it would serve the interest of justice to do so.
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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter D. Judicial Review › Section 36.205. Appeal

Sec. 36.205.  APPEAL.  (a)  A party to the action under Section 36.202 may appeal to an appellate court that has jurisdiction, and the appeal is at once returnable to that court.
(b)  An appeal under this section has precedence in the appellate court over any cause of a different character pending in the court.
(c)  The commissioner is not required to give an appeal bond in an appeal arising under 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 A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter E. Investigation Files › Section 36.251. Definition

Sec. 36.251.  DEFINITION.  In this subchapter, "investigation file" means any information collected, assembled, or maintained by or on behalf of the department with respect to an investigation conducted under this code or other law.  The term does not include information or material acquired by the department that is:
(1)  relevant to an investigation by the insurance fraud unit; and
(2)  subject to Section 701.151.
Added by Acts 2009, 81st Leg., R.S., Ch. 1039 (H.B. 4461), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter E. Investigation Files › Section 36.252. Investigation Files Confidential

Sec. 36.252.  INVESTIGATION FILES CONFIDENTIAL.  (a)  Information or material acquired by the department that is relevant to an investigation is not a public record for the period that the department determines is relevant to further or complete an investigation.
(b)  Investigation files are not open records for purposes of Chapter 552, Government Code, except as specified herein.
Added by Acts 2009, 81st Leg., R.S., Ch. 1039 (H.B. 4461), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 36 - Department Rules and Procedures › Subchapter E. Investigation Files › Section 36.253. Disclosure of Certain Information Not Required

Sec. 36.253.  DISCLOSURE OF CERTAIN INFORMATION NOT REQUIRED.  The department is not required to disclose under this subchapter:
(1)  information that is:
(A)  an attorney-client communication; or
(B)  an attorney work product; or
(2)  other information protected by a recognized privilege, a statute, an administrative rule, the Texas Rules of Civil Procedure, or the Texas Rules of Evidence.
Added by Acts 2009, 81st Leg., R.S., Ch. 1039 (H.B. 4461), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 37 - Ratemaking and Policy Form Proceedings › Subchapter A. General Provisions › Section 37.001. Certain Proceedings Relating to Ratemaking and Policy Forms; Rules

Sec. 37.001.  CERTAIN PROCEEDINGS RELATING TO RATEMAKING AND POLICY FORMS;  RULES.  (a)  The commissioner shall adopt rules governing proceedings necessary to approve or promulgate rates, policy forms, or policy form endorsements under this code or another insurance law of this state.
(b)  The commissioner shall conduct the proceedings in accordance with the rules adopted under this section.
(c)  Rules adopted under this section must comply with this code and any other insurance law of this state and must be adopted in accordance with Chapter 2001, Government 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 A - Administration of the Texas Department of Insurance › Chapter 37 - Ratemaking and Policy Form Proceedings › Subchapter B. Certain Proceedings Relating to Rates › Section 37.051. Streamlined Procedures

Sec. 37.051.  STREAMLINED PROCEDURES.  (a)  The department shall study and the commissioner may adopt and implement procedures for streamlining insurance rate proceedings under this code or another insurance law of this state.  The procedures must ensure due process to each affected party.
(b)  The commissioner shall consider this section in adopting rules under Section 37.001.
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 A - Administration of the Texas Department of Insurance › Chapter 37 - Ratemaking and Policy Form Proceedings › Subchapter B. Certain Proceedings Relating to Rates › Section 37.052. Role of Department

Sec. 37.052.  ROLE OF DEPARTMENT.  (a)  The application of this section is subject to Chapter 40.
(b)  The commissioner may designate the general counsel or an assistant general counsel to serve as a hearings officer in a proceeding in which insurance rates are set or in a prehearing proceeding.  The commissioner must make the final decision relating to the rates to be set.
(c)  The department shall provide evidence in proceedings before the commissioner or the designated hearings officer that promotes the adoption of fair and reasonable rates for underserved areas to promote access to full insurance coverage for those areas.
(d)  The department may appear as a matter of right as a party, present evidence, or question a witness in a proceeding before the commissioner or the designated hearings officer in which insurance rates are set under this code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1071, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 37 - Ratemaking and Policy Form Proceedings › Subchapter B. Certain Proceedings Relating to Rates › Section 37.053. Effectiveness of Rate During Appeal

Sec. 37.053.  EFFECTIVENESS OF RATE DURING APPEAL.  (a)  An order of the commissioner that determines, approves, or sets a rate under this code and that is appealed remains in effect during the pendency of the appeal.  An insurer shall use the rate provided in the order while the appeal is pending.
(b)  The rate is lawful and valid during the appeal, and an insurer may not be required to make any refund from that rate after a decision on the appeal is rendered.
(c)  If the order is vacated on appeal, the rate established by the commissioner before the vacated order was rendered remains in effect from the date of remand until the commissioner makes a further determination.  The commissioner shall consider the court's order in setting a future rate.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 12, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter A. General Provisions › Section 38.001. Inquiries

Sec. 38.001.  INQUIRIES.  (a)  In this section, "authorization" means a permit, certificate of registration, or other authorization issued or existing under this code.
(b)  The department may address a reasonable inquiry to any insurance company, including a Lloyd's plan or reciprocal or interinsurance exchange, or an agent or other holder of an authorization relating to:
(1)  the person's business condition; or
(2)  any matter connected with the person's transactions that the department considers necessary for the public good or for the proper discharge of the department's duties.
(c)  A person receiving an inquiry under Subsection (b) shall respond to the inquiry in writing not later than the 15th day after the date the inquiry is received.  If the department receives written notice from the person that additional time is required to respond to the inquiry, the department shall grant a 10-day extension of the time to respond to the inquiry.
(d)  A response made under this section that is otherwise privileged or confidential by law remains privileged or confidential until introduced into evidence at an administrative hearing or in a court.
(e)  The department shall maintain a record of all inquiries made by the department under this section.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1295 (H.B. 2614), Sec. 1, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 398 (S.B. 183), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter A. General Provisions › Section 38.003. Underwriting Guidelines for Other Lines; Confidentiality

Sec. 38.003.  UNDERWRITING GUIDELINES FOR OTHER LINES;  CONFIDENTIALITY.  (a)  This section applies to all underwriting guidelines that are not subject to Section 38.002.
(b)  For purposes of this section, "insurer" means a reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, Lloyd's plan, life, accident, or health or casualty insurance company, health maintenance organization, mutual life insurance company, mutual insurance company other than life, mutual, or natural premium life insurance company, general casualty company, fraternal benefit society, group hospital service company, or other legal entity engaged in the business of insurance in this state.  The term includes an affiliate as described by Section 823.003(a) if that affiliate is authorized to write and is writing insurance in this state.
(c)  The department or the office of public insurance counsel may obtain a copy of an insurer's underwriting guidelines.
(d)  Underwriting guidelines are confidential, and the department or the office of public insurance counsel may not make the guidelines available to the public.
(e)  The department or the office of public insurance counsel may disclose to the public a summary of an insurer's underwriting guidelines in a manner that does not directly or indirectly identify the insurer.
(f)  When underwriting guidelines are furnished to the department or the office of public insurance counsel, only a person within the department or the office of public insurance counsel with a need to know may have access to the guidelines.  The department and the office of public insurance counsel shall establish internal control systems to limit access to the guidelines and shall keep records of the access provided.
(g)  This section does not preclude the use of underwriting guidelines as evidence in prosecuting a violation of this code.  Each copy of an insurer's underwriting guidelines that is used in prosecuting a violation is presumed to be confidential and is subject to a protective order until all appeals of the case have been exhausted.  If an insurer is found, after the exhaustion of all appeals, to have violated this code, a copy of the underwriting guidelines used as evidence of the violation is no longer presumed to be confidential.
(h)  A violation of this section is a violation of Chapter 552, Government Code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Insurance Code Sec. 38.002 and amended by Acts 2003, 78th Leg., ch. 206, Sec. 8.01, eff. June 11, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.005, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter A. General Provisions › Section 38.005. Commercial Automobile Insurance Report

Sec. 38.005.  COMMERCIAL AUTOMOBILE INSURANCE REPORT.  (a)  The department shall conduct a study each biennium on the effect, for each year of the biennium, on premiums, deductibles, coverage, and availability of coverage for commercial automobile insurance of H.B. 19, 87th Legislature, Regular Session, 2021.
(b)  Not later than December 1 of each even-numbered year, the department shall submit a written report of the results of the study conducted under Subsection (a) for the preceding biennium to the legislature.
(c)  This section expires December 31, 2026.
Added by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 5, eff. September 1, 2021.
For expiration of this section, see Subsection (b).
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter A. General Provisions › Section 38.006. Emergency Medical Services Provider Balance Billing Rate Database

Sec. 38.006.  EMERGENCY MEDICAL SERVICES PROVIDER BALANCE BILLING RATE DATABASE.  (a)  A political subdivision may submit to the department, in the form and manner prescribed by the commissioner, a rate set, controlled, or regulated by the political subdivision for purposes of Section 1271.159, 1275.054, 1301.166, 1551.231, 1575.174, or 1579.112.  The department shall establish and maintain on the department's Internet website a publicly accessible database for the rates.
(b)  This section expires September 1, 2025.
Added by Acts 2023, 88th Leg., R.S., Ch. 981 (S.B. 2476), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter B. Health Benefit Plan Provider Reporting › Section 38.051. Definition

Sec. 38.051.  DEFINITION.  In this subchapter, "health benefit plan provider" means an insurance company, group hospital service corporation, or health maintenance organization that issues:
(1)  an individual, group, blanket, or franchise insurance policy, an insurance agreement, a group hospital service contract, or an evidence of coverage, that provides benefits for medical or surgical expenses incurred as a result of an accident or sickness; or
(2)  a long-term care benefit plan, as defined by Section 1651.003.
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.006, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter B. Health Benefit Plan Provider Reporting › Section 38.052. Required Information; Rules

Sec. 38.052.  REQUIRED INFORMATION;  RULES.  (a)  A health benefit plan provider shall submit information required by the department relating to the health benefit plan provider's:
(1)  loss experience;
(2)  overhead;  and
(3)  operating expenses.
(b)  The department may also request information about characteristics of persons covered by a health benefit plan provider, including information relating to:
(1)  age;
(2)  gender;
(3)  health status;
(4)  job classification;  and
(5)  geographic distribution.
(c)  A health benefit plan provider may not be required to submit information under this section more frequently than annually.
(d)  The commissioner shall adopt rules governing the submission of information under 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 A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter E. Statistical Data Collection › Section 38.201. Definition

Sec. 38.201.  DEFINITION.  In this subchapter, "designated statistical agent" means an organization designated or contracted with by the commissioner under Section 38.202.
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 A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter E. Statistical Data Collection › Section 38.202. Statistical Agent

Sec. 38.202.  STATISTICAL AGENT.  The commissioner may, for a line or subline of insurance, designate or contract with a qualified organization to serve as the statistical agent for the commissioner to gather data relevant for regulatory purposes or as otherwise provided by this 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 A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter E. Statistical Data Collection › Section 38.203. Qualifications of Statistical Agent

Sec. 38.203.  QUALIFICATIONS OF STATISTICAL AGENT.  To qualify as a statistical agent, an organization must demonstrate at least two years of experience in data collection, data maintenance, data quality control, accounting, and related areas.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 708 (H.B. 2188), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter E. Statistical Data Collection › Section 38.204. Powers and Duties of Statistical Agent

Sec. 38.204.  POWERS AND DUTIES OF STATISTICAL AGENT.  (a)  A designated statistical agent shall collect data from reporting insurers under a statistical plan adopted by the commissioner.
(b)  The statistical agent may provide aggregate historical premium and loss data to its subscribers.
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 A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter E. Statistical Data Collection › Section 38.205. Duty of Insurer

Sec. 38.205.  DUTY OF INSURER.  An insurer shall provide all premium and loss cost data to the commissioner or the designated statistical agent as the commissioner or agent requires.
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 A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter E. Statistical Data Collection › Section 38.206. Fees

Sec. 38.206.  FEES.  (a)  A designated statistical agent may collect from a reporting insurer any fees necessary for the agent to recover the necessary and reasonable costs of collecting data from that reporting insurer.
(b)  A reporting insurer shall pay the fee to the statistical agent for the data collection services provided by the statistical agent.
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 A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter E. Statistical Data Collection › Section 38.207. Rules

Sec. 38.207.  RULES.  The commissioner may adopt rules necessary to accomplish the purposes 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 A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter F. Data Collecting and Reporting Relating to Mandated Health Benefits and Mandated Offers of Coverage › Section 38.251. Applicability

Sec. 38.251.  APPLICABILITY.  This subchapter applies to any issuer of a health benefit plan that is subject to this code that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document.
Added by Acts 2001, 77th Leg., ch. 852, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter F. Data Collecting and Reporting Relating to Mandated Health Benefits and Mandated Offers of Coverage › Section 38.252. Collection of Information; Report

Sec. 38.252.  COLLECTION OF INFORMATION;  REPORT.  (a)  The commissioner shall require a health benefit plan issuer to collect and report cost and utilization data for each mandated health benefit and mandated offer designated by the commissioner.
(b)  The commissioner shall designate by rule:
(1)  the issuers of health benefit plans that must collect and report data based on the annual dollar amounts of Texas premium collected by the health benefit plan issuer;
(2)  the specific mandated health benefits and mandated offers of coverage for which data must be collected;
(3)  a description of the data that must be collected;
(4)  the beginning and ending dates of the reporting periods, which shall be no less than every two years;
(5)  the date following the end of the reporting period by which the report shall be submitted to the commissioner;
(6)  the detail and form in which the report shall be submitted;  and
(7)  any other reasonable requirements that the commissioner determines are necessary to determine the impact of mandated benefits and mandated offers of coverage for which data collection and reporting is required.
(c)  The commissioner shall not require reporting of data:
(1)  that could reasonably be used to identify a specific enrollee in a health benefit plan;
(2)  in any way that violates confidentiality requirements of state or federal law applicable to an enrollee in a health benefit plan; or
(3)  in which the health maintenance organization operating under Section 1367.053, Subchapter A, Chapter 1452, Subchapter B, Chapter 1507, Chapter 222, 251, or 258, as applicable to a health maintenance organization, Chapter 843, Chapter 1271, and Chapter 1272 does not directly process the claim or does not receive complete and accurate encounter data.
Added by Acts 2001, 77th Leg., ch. 852, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.009, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter F. Data Collecting and Reporting Relating to Mandated Health Benefits and Mandated Offers of Coverage › Section 38.253. Maintenance of Information

Sec. 38.253.  MAINTENANCE OF INFORMATION.  Each health benefit plan issuer shall maintain at its principal place of business all data collected pursuant to this subchapter, including information and supporting documentation that demonstrates that the report submitted to the commissioner is complete and accurate.  Each health benefit plan issuer shall make this information and any supporting documentation available to the commissioner upon request.
Added by Acts 2001, 77th Leg., ch. 852, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter F. Data Collecting and Reporting Relating to Mandated Health Benefits and Mandated Offers of Coverage › Section 38.254. Utilization and Cost Data to Commissioner

Sec. 38.254.  UTILIZATION AND COST DATA TO COMMISSIONER.
Text of subsection effective until April 01, 2025
(a)  Upon request from the commissioner, the Texas Health and Human Services Commission shall provide to the commissioner data, including utilization and cost data, which is related to the mandate being assessed to the population covered by the Medicaid program, including a program administered under Chapter 32, Human Resources Code, and a program administered under Chapter 533, Government Code, even if the program is not necessarily subject to the mandate.
Text of subsection effective on April 01, 2025
(a)  Upon request from the commissioner, the Texas Health and Human Services Commission shall provide to the commissioner data, including utilization and cost data, which is related to the mandate being assessed to the population covered by the Medicaid program, including a program administered under Chapter 32, Human Resources Code, and a program administered under Chapter 540 or  540A, Government Code, as applicable, even if the program is not necessarily subject to the mandate.
(b)  The commissioner may utilize data as defined in Subsection (a) to determine the impact of mandated benefits and mandated offers of coverage for which data collection and reporting is requested.
Added by Acts 2001, 77th Leg., ch. 852, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.002, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.115, eff. April 1, 2025.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter G. Data Reporting by Certain Liability Insurers › Section 38.301. Insurer Data Reporting

Sec. 38.301.  INSURER DATA REPORTING.  (a)  Each insurer that writes professional liability insurance policies for nursing institutions licensed under Chapter 242, Health and Safety Code, including an insurer whose rates are not regulated, shall, as a condition of writing those policies in this state, comply with a request for information from the commissioner under this section.
(b)  The commissioner may require information in rate filings, special data calls, or informational hearings or by any other means consistent with this code applicable to the affected insurer that the commissioner believes will allow the commissioner to:
(1)  determine whether insurers writing insurance coverage described by Subsection (a) are passing to insured nursing institutions on a prospective basis the savings that accrue as a result of the reduction in risk to insurers writing that coverage that will result from legislation enacted by the 77th Legislature, Regular Session, including legislation that:
(A)  amended Article 5.15-1 to limit the exposure of an insurer to exemplary damages for certain claims against a nursing institution;  and
(B)  amended Sections 32.021(i) and (k), Human Resources Code, added Section 242.050, Health and Safety Code, and repealed Section 32.021(j), Human Resources Code, to clarify the admissibility of certain documents in a civil action against a nursing institution;  or
(2)  prepare the report required of the commissioner under Section 38.252 or any other report the commissioner is required to submit to the legislature in connection with the legislation described by Subdivision (1).
(c)  Information provided under this section is privileged and confidential to the same extent as the information is privileged and confidential under this code or any other law governing an insurer described by Subsection (a).  The information remains privileged and confidential unless and until introduced into evidence at an administrative hearing or in a court of competent jurisdiction.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 4.01, eff. June 15, 2001.  Renumbered from Insurance Code Sec. 38.251 by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.501, eff. Sept. 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter G. Data Reporting by Certain Liability Insurers › Section 38.302. Recommendations to Legislature

Sec. 38.302.  RECOMMENDATIONS TO LEGISLATURE.  The commissioner shall assemble information and take other appropriate measures to assess and evaluate changes in the marketplace resulting from the implementation of the legislation described by Section 38.251 and shall report the commissioner's findings and recommendations to the legislature.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 4.01, eff. June 15, 2001.  Renumbered from Insurance Code Sec. 38.252 by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.501, eff. Sept. 1, 2003.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter H. Health Care Reimbursement Rate Information › Section 38.351. Purpose of Subchapter

Sec. 38.351.  PURPOSE OF SUBCHAPTER.  The purpose of this subchapter is to authorize the department to:
(1)  collect data concerning health benefit plan reimbursement rates in a uniform format; and
(2)  disseminate, on an aggregate basis for geographical regions in this state, information concerning health care reimbursement rates derived from the data.
Added by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 38 - Data Collection and Reports › Subchapter H. Health Care Reimbursement Rate Information › Section 38.352. Definition

Sec. 38.352.  DEFINITION.  In this subchapter, "group health benefit plan" means a preferred provider benefit plan as defined by Section 1301.001 or an evidence of coverage for a health care plan that provides basic health care services as defined by Section 843.002.
Added by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 8, eff. September 1, 2007.