reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 802 - Annual Statement › Subchapter B. Filing With National Association of Insurance Commissioners › Section 802.055. Costs Paid by Insurance Company

Sec. 802.055.  COSTS PAID BY INSURANCE COMPANY.  An insurance company shall pay all costs of preparing and furnishing to the National Association of Insurance Commissioners the information required under Section 802.052, including any related filing fees.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 206, Sec. 17.01, eff. June 11, 2003; Acts 2003, 78th Leg., ch. 211, Sec. 2.04, eff. June 16, 2003;  Acts 2003, 78th Leg., ch. 863, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 802 - Annual Statement › Subchapter B. Filing With National Association of Insurance Commissioners › Section 802.056. Status of Reports and Other Information

Sec. 802.056.  STATUS OF REPORTS AND OTHER INFORMATION.  A report or any other information resulting from the collection, review, analysis, and distribution of information developed from the filing of annual statement convention blanks and provided to the department by the National Association of Insurance Commissioners is considered part of the process of examination of insurance companies under this code, including Chapters 86 and 401.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.001. Definitions

Sec. 803.001.  DEFINITIONS.  In this chapter:
(1)  "Domestic company" means any entity licensed, chartered, or organized under this code, including:
(A)  a county mutual insurance company;
(B)  a farm mutual insurance company;
(C)  a fire and marine insurance company;
(D)  a fraternal benefit society;
(E)  a general casualty company;
(F)  a group hospital service corporation;
(G)  a health maintenance organization;
(H)  a life, health, and accident insurance company;
(I)  a Lloyd's plan;
(J)  a local mutual aid association;
(K)  a mutual life insurance company;
(L)  a mutual insurance company other than a mutual life insurance company;
(M)  a nonprofit legal services corporation;
(N)  a reciprocal exchange;
(O)  a statewide mutual assessment company;
(P)  a stipulated premium insurance company;
(Q)  a surety and trust company;  and
(R)  a title insurance company.
(2)  "Insurance holding company system" has the meaning described by Section 823.006.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.002. Applicability of Chapter

Sec. 803.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a domestic company that is:
(1)  an affiliate of an insurance holding company system and in compliance with Chapter 823;
(2)  a nonprofit legal services corporation the claims and daily affairs of which are handled under contract by a foreign insurer that holds a certificate of authority to engage in a similar business in this state;  or
(3)  a health maintenance organization that is affiliated with another health maintenance organization or a health care provider.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.003. Authority to Locate Out of State

Sec. 803.003.  AUTHORITY TO LOCATE OUT OF STATE.  (a)  A domestic company may locate and maintain its principal offices and all or any part of its books, records, and accounts outside this state at any other location in the United States if:
(1)  the company has given written notice of this intention to the commissioner, except as provided by Subsection (b);
(2)  the commissioner has not disapproved the notice before the 31st day after the date on which the company gives the notice;  and
(3)  the company meets the requirements of this chapter.
(b)  A separate notice under this section is not required if:
(1)  the domestic company has an agreement to maintain its books and records outside of the state with an affiliate;  and
(2)  the agreement:
(A)  has been approved under Chapter 823;  and
(B)  contains substantially all the information required for notice under this section.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.004. Location at Branch or Agency Office

Sec. 803.004.  LOCATION AT BRANCH OR AGENCY OFFICE.  This chapter does not apply to the location and maintenance of the normal books, records, and accounts of a domestic company, including policyholder and claim files, relating to the business produced by or through an agency of the company at a branch or agency office located in the United States, regardless of whether the agency is an affiliate of the company as provided in Chapter 823.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.005. Control of Books, Records, Accounts, and Offices

Sec. 803.005.  CONTROL OF BOOKS, RECORDS, ACCOUNTS, AND OFFICES.  (a)  The books, records, accounts, or offices of a domestic company must be under the company's direct supervision, management, and control.
(b)  The ultimate controlling person of an insurance holding company system affiliated with a domestic company, or the immediate or intermediate controlling person of the domestic company, must be domiciled, licensed, or admitted to transact business in a jurisdiction in the United States.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.006. Agent for Service of Process

Sec. 803.006.  AGENT FOR SERVICE OF PROCESS.  A domestic company that under this chapter has moved its principal offices and any part of its books, records, and accounts outside this state and the controlling person of an affiliated insurance holding company system must comply with Section 804.102.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.007. Examination Expenses

Sec. 803.007.  EXAMINATION EXPENSES.  A credit on or an offset against the amount of premium taxes to be paid by a domestic company to the state in a taxable year may not be allowed on:
(1)  a fee or examination expense paid to another state;  or
(2)  an examination expense:
(A)  incurred by a representative of the department that is directly attributable to an examination of the books, records, accounts, or principal offices of a domestic company located outside this state;  or
(B)  paid in a different taxable year.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.008. Rules

Sec. 803.008.  RULES.  The commissioner shall adopt rules to authorize a domestic company to maintain its books and records with a nonaffiliated entity other than an agency.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 803 - Location of Books, Records, Accounts, and Offices Outside of This State › Section 803.009. Conflicting Provisions

Sec. 803.009.  CONFLICTING PROVISIONS.  This chapter prevails over a conflicting provision of any other law of this state, including:
(1)  Chapters 221, 222, and 223;
(2)  Sections 401.151, 401.152, 401.155, and 401.156; and
(3)  Section 171.0525, Tax Code.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.002, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter A. General Provisions › Section 804.001. Definition

Sec. 804.001.  DEFINITION.  In this chapter, "process" means legal process, including a demand or notice required or permitted by law.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter A. General Provisions › Section 804.002. Rules

Sec. 804.002.  RULES.  The commissioner may adopt rules essential for the effective implementation of this chapter.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter A. General Provisions › Section 804.003. Fees

Sec. 804.003.  FEES.  A fee collected under this chapter shall be deposited to the credit of the Texas Department of Insurance operating account for use by the department.  The department shall use the money for payment of salaries and other expenses arising from the:
(1)  examination of insurance companies;
(2)  licensure of insurance companies;  and
(3)  investigation of violations of the insurance laws of this state.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.101. Domestic Company

Sec. 804.101.  DOMESTIC COMPANY.  (a)  In this section:
(1)  "Domestic company" means a company that is domiciled in and authorized to engage in the business of insurance in this state.
(2)  "Company" means:
(A)  an insurance company, including:
(i)  a casualty insurance company;
(ii)  a county mutual insurance company;
(iii)  an exempt association under Section 887.102;
(iv)  a farm mutual insurance company;
(v)  a fire insurance company;
(vi)  a fraternal benefit society;
(vii)  a life insurance company;
(viii)  a Lloyd's plan;
(ix)  a mutual assessment company;
(x)  a mutual insurance company other than a mutual life insurance company;
(xi)  a reciprocal exchange;
(xii)  a risk retention group;
(xiii)  a stipulated premium insurance company;
(xiv)  a title insurance company;  and
(xv)  a carrier providing job protection insurance;
(B)  a group hospital service corporation;
(C)  a health maintenance organization;
(D)  a prepaid legal services corporation;  or
(E)  any other company engaged in the business of insurance as a principal.
(b)  A domestic company may be served with process by:
(1)  serving the president, an active vice president, secretary, or attorney in fact at the home office or principal place of business of the company;  or
(2)  leaving a copy of the process at the home office or principal business office of the company during regular business hours.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.102. Domestic Company That Maintains Principal Offices or Books, Records, and Accounts Out of State

Sec. 804.102.  DOMESTIC COMPANY THAT MAINTAINS PRINCIPAL OFFICES OR BOOKS, RECORDS, AND ACCOUNTS OUT OF STATE.  (a)  In this section, "domestic company" has the meaning assigned by Section 803.001.
(b)  As a condition of being authorized to engage in the business of insurance in this state, a domestic company that under Chapter 803 has moved its principal offices and any part of its books, records, and accounts outside this state and the controlling person of an affiliated insurance holding company system must appoint and maintain as agent for service of process a person in this state on whom a judicial or administrative process may be served.
(c)  If a domestic company does not appoint or maintain a person in this state as agent for service of process or the agent cannot with reasonable diligence be found, the commissioner may accept service of process and notify the company in the manner provided by Subchapter C.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.103. Authorized Alien or Foreign Company

Sec. 804.103.  AUTHORIZED ALIEN OR FOREIGN COMPANY.  (a)  In this section, "company" means:
(1)  an insurance company, including a:
(A)  fire, casualty, or fire and casualty insurance company;
(B)  fraternal benefit society;
(C)  life insurance company, including a mutual or nonprofit life insurance company;
(D)  Lloyd's plan;
(E)  Mexican casualty insurance company;
(F)  mutual fire, mutual casualty, or mutual fire and casualty insurance company;
(G)  reciprocal exchange;
(H)  risk retention group;  and
(I)  title insurance company;
(2)  a health maintenance organization;  and
(3)  any other insurance company, regardless of its type or category, authorized to engage in the business of insurance in this state.
(b)  As a condition to being issued a certificate of authority to engage in the business of insurance in this state, an alien or foreign company must appoint a person in this state as agent for service of process on whom any process to be served on the company may be served.
(c)  The commissioner is an alien or foreign company's agent on whom process may be served as provided by Subchapter C if the:
(1)  company fails to appoint or maintain an agent under Subsection (b);
(2)  agent appointed under Subsection (b) cannot with reasonable diligence be found;  or
(3)  company's certificate of authority is revoked.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.104. Risk Retention Group Not Chartered in This State

Sec. 804.104.  RISK RETENTION GROUP NOT CHARTERED IN THIS STATE.  A risk retention group that is not chartered but that is registered in this state under Section 2201.152, must designate the commissioner as its agent for service of process and receipt of legal documents.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.003, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.105. Person in Receivership

Sec. 804.105.  PERSON IN RECEIVERSHIP.  (a)  Service of process with respect to an individual, insurer, or other entity for which a court has appointed the liquidator as receiver must be made only on the receiver.
(b)  If Subsection (a) applies, service on the commissioner or the secretary of state has no effect.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.106. Eligible Surplus Lines Insurer; Policy Requirement for Insurer and Agent

Sec. 804.106.  ELIGIBLE SURPLUS LINES INSURER;  POLICY REQUIREMENT FOR INSURER AND AGENT.  (a)  Each surplus lines insurer that assumes a surplus lines risk under Chapter 981 is subject to this section.
(b)  Any act of engaging in the business of insurance by an eligible surplus lines insurer:
(1)  constitutes the irrevocable appointment of the secretary of state by that insurer as agent for service of process arising from the insurer's engaging in the business of insurance in this state, other than service of process for an action or proceeding by the department or state;  and
(2)  signifies the insurer's agreement that service under this subsection has the same effect as personal service on the insurer or the insurer's successor in interest.
(c)  An appointment under Subsection (b)(1) is binding on the eligible surplus lines insurer and the insurer's successor in interest.
(d)  A policy issued by an eligible surplus lines insurer or a certificate of insurance issued by the surplus lines agent must contain a provision stating the substance of this section and designating the person to whom the commissioner is to mail process.  The plaintiff shall supply this address in any citation served under this section.
(e)  This section is in addition to any other method provided by law for service of process on a surplus lines insurer, including the method provided by Subchapter C.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.107. Unauthorized Person or Insurer

Sec. 804.107.  UNAUTHORIZED PERSON OR INSURER.  (a)  In this section, "personal representative" includes an executor or administrator.
(b)  Any act of engaging in the business of insurance as provided by Subchapter B, Chapter 101, by an unauthorized person or insurer:
(1)  constitutes the irrevocable appointment of the commissioner by that person or insurer as agent for service of process arising from the person's or insurer's engaging in the business of insurance in this state, other than service of process for an action or proceeding by the department or state;
(2)  constitutes the irrevocable appointment of the secretary of state by that person or insurer as agent for service of process for an action or proceeding described by Subsection (c) and arising from the person's or insurer's engaging in the business of insurance in this state;  and
(3)  signifies the agreement of the person or insurer that process served under this subsection and Subsection (d) has the same effect as personal service in this state on that person or insurer or the personal representative of that person or insurer or if a corporation, the corporation's successor in interest.
(c)  The process may be served on the secretary of state only in an action or proceeding brought:
(1)  in court by the department or the state against an unauthorized person or insurer;  or
(2)  before the department by a process against the unauthorized person or insurer.
(d)  Service of process on an unauthorized person or insurer may be served on a person in this state that engages, on the behalf of the unauthorized person or insurer, in an act of engaging in the business of insurance in this state as provided by Subchapter B, Chapter 101.
(e)  In an action or proceeding in which process is served under Subsection (b) or (d), a plaintiff or complainant is not entitled to a default judgment or determination before the 30th day after the date on which the copy of the process is mailed to the defendant.
(f)  This section does not apply to an entity that was an eligible surplus lines insurer under Chapter 981 on the date on which the applicable coverage was issued.
(g)  This section does not limit or diminish the right to serve process on a person or insurer in any other manner provided by law.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter B. Persons Authorized to Receive Service of Process › Section 804.108. Insurance Holding Company System Law

Sec. 804.108.  INSURANCE HOLDING COMPANY SYSTEM LAW.  A person, as that term is defined by Section 823.002, that violates Chapter 823 is considered to have appointed the commissioner as agent for service of process on the person for an action or proceeding arising from a violation of that chapter.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter C. Procedures Relating to Service of Process on Commissioner › Section 804.201. Procedure for Serving Commissioner

Sec. 804.201.  PROCEDURE FOR SERVING COMMISSIONER.  (a)  Process served by serving the commissioner under this chapter must be directed to the defendant and include:
(1)  for an unauthorized person or insurer, the name and address of the person or insurer to be served;
(2)  for a risk retention group, the name and address of the group to be served;
(3)  for a surplus lines insurer, the name and address of the insurer to be served;
(4)  for an unincorporated association, trust, or other organization formed under Chapter 1505, the name and address of the association, trust, or organization; or
(5)  for an authorized company, the name and address of the company as it appears in the department records.
(b)  Process may be served on the commissioner:
(1)  personally by a disinterested person who is at least 18 years of age leaving two copies of the process at the office of the department during regular business hours with:
(A)  the commissioner;  or
(B)  an appointee of the commissioner authorized to receive process;  or
(2)  by certified or registered mail.
(c)  A fee not to exceed $50, payable by check or money order to the department, must accompany each process served on the commissioner.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.004, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter C. Procedures Relating to Service of Process on Commissioner › Section 804.202. Effect of Service on Commissioner

Sec. 804.202.  EFFECT OF SERVICE ON COMMISSIONER.  Service on the commissioner acting as agent for service of process is service on the principal.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter C. Procedures Relating to Service of Process on Commissioner › Section 804.203. Mailing Process; Certificate

Sec. 804.203.  MAILING PROCESS;  CERTIFICATE.  (a)  The commissioner shall immediately send by registered or certified mail, return receipt requested, one copy of process served on the commissioner under Section 804.201 to:
(1)  the defendant at the address supplied in the process as provided by Sections 804.201(a)(1) through (4);  or
(2)  if Section 804.201(a)(5) applies, the home office or principal business office of the authorized company, as indicated in the department records.
(b)  The commissioner shall send by registered or certified mail, return receipt requested, copies of process served under Section 804.108 to the last known address of the person.
(c)  On receiving the return receipt for certified or registered mail, the commissioner shall issue a certificate showing the service and proof of delivery by a return receipt to the plaintiff and clerk of the court or agency where the proceeding is pending.
(d)  The commissioner shall provide on request the certificate described by Subsection (c).  The commissioner may charge a fee not to exceed $10 for the certificate.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter C. Procedures Relating to Service of Process on Commissioner › Section 804.204. Record

Sec. 804.204.  RECORD.  The commissioner shall keep a record of:
(1)  each process served on the commissioner under this chapter;  and
(2)  the action taken by the commissioner regarding the process.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter D. Procedures Relating to Service of Process on Secretary of State › Section 804.301. Procedure for Serving Secretary of State

Sec. 804.301.  PROCEDURE FOR SERVING SECRETARY OF STATE.  Process served by serving the secretary of state under Section 804.107 must be served by leaving two copies of the process at the office of the secretary of state during regular business hours with:
(1)  the secretary of state;  or
(2)  an appointee of the secretary of state authorized to receive service.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter D. Procedures Relating to Service of Process on Secretary of State › Section 804.302. Mailing Process

Sec. 804.302.  MAILING PROCESS.  The secretary of state shall mail one copy of process in the proceeding served on the secretary of state under Section 804.301 to the defendant in a court proceeding or to whom the process in an administrative proceeding is addressed or directed, at the person's or entity's last known home office or principal place of business.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 804 - Service of Process › Subchapter D. Procedures Relating to Service of Process on Secretary of State › Section 804.303. Record

Sec. 804.303.  RECORD.  The secretary of state shall keep a record of each process served on the secretary of state.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 805 - Directors, Officers, and Other Interested Persons › Subchapter A. Activities of Directors, Officers, and Shareholders › Section 805.001. Definitions

Sec. 805.001.  DEFINITIONS.  In this subchapter:
(1)  "Major shareholder" means an individual, corporation, partnership, association, joint-stock company, business trust, or unincorporated organization that is directly or indirectly the beneficial owner of more than 10 percent of any class of an equity security of an insurer.
(2)  "Subsidiary" means a corporation:
(A)  of which at least 50 percent of any class of an equity security is owned by an insurer;  or
(B)  that is managed, directly or indirectly controlled, or subject to control by an insurer.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 805 - Directors, Officers, and Other Interested Persons › Subchapter A. Activities of Directors, Officers, and Shareholders › Section 805.002. Applicability of Subchapter

Sec. 805.002.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies to any insurer, including a:
(1)  capital stock company;
(2)  reciprocal or interinsurance exchange;
(3)  Lloyd's plan;
(4)  fraternal benefit society;
(5)  mutual company, including a mutual assessment company;
(6)  local mutual aid association;
(7)  burial association;
(8)  county mutual insurance company;
(9)  farm mutual insurance company;
(10)  fidelity, guaranty, or surety company;
(11)  mutual life insurance company;
(12)  mutual insurance company other than a mutual life insurance company;
(13)  stipulated premium company;
(14)  title insurance company;  and
(15)  any other insurance company engaged in the business of insurance in or organized under the laws of this state or otherwise regulated under this code.
(b)  A provision of this code limiting regulation under this code does not limit the application of this subchapter.
(c)  This subchapter controls if there is ambiguity or a conflict between this subchapter and another provision of this code.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 805 - Directors, Officers, and Other Interested Persons › Subchapter A. Activities of Directors, Officers, and Shareholders › Section 805.003. Prohibited Activities

Sec. 805.003.  PROHIBITED ACTIVITIES.  (a)  A director, officer, or major shareholder of an insurer may not:
(1)  except as provided by this subchapter, directly, indirectly, or through a substantial interest in another corporation, firm, or business unit receive money or another thing of value for negotiating, procuring, recommending, or aiding in a purchase, sale, or exchange of property or a loan from the insurer or its subsidiary;
(2)  directly, indirectly, or through a substantial interest in another corporation, firm, or business unit have a pecuniary interest in a purchase, sale, exchange, or loan described by Subdivision (1) as a principal, co-principal, agent, or beneficiary;  or
(3)  directly or indirectly accept a loan or guarantee described by Subsection (b).
(b)  An insurer may not directly, indirectly, or through its subsidiary make a loan to or guarantee the financial obligation of a director, officer, or major shareholder of an insurer.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 805 - Directors, Officers, and Other Interested Persons › Subchapter A. Activities of Directors, Officers, and Shareholders › Section 805.004. Activities Not Prohibited

Sec. 805.004.  ACTIVITIES NOT PROHIBITED.  This subchapter does not prohibit:
(1)  a director, officer, or major shareholder of an insurer from:
(A)  becoming a policyholder of the insurer and exercising the usual rights of a policyholder;
(B)  participating as beneficiary in a pension plan, deferred compensation plan, profit-sharing or bonus plan, stock option plan, or similar plan adopted by the insurer and for which the director, officer, or major shareholder may be eligible under the terms of the plan;
(C)  receiving a salary, bonus, or other remuneration for a service rendered to the insurer as an employee of the insurer and not in violation of another provision of this code;  or
(D)  entering into an arms-length transaction with the insurer if:
(i)  the transaction is not prohibited by another statute;  and
(ii)  the commissioner approves the transaction before the transaction is made;
(2)  a director of an insurer from:
(A)  performing professional services not required of a director by law;  or
(B)  receiving director's fees or reimbursement for an expense incurred in the performance of a duty as a director;
(3)  a transaction within an insurance holding company system by an insurer with its holding company, subsidiary, or affiliate that:
(A)  is not prohibited by law;
(B)  meets the test of being fair and proper;  and
(C)  is regulated by another statute;
(4)  a transaction or arrangement that:
(A)  is not prohibited by law;  and
(B)  meets the test of being fair and proper as prescribed by rules adopted by the commissioner;  or
(5)  the approval and payment of lawful dividends to policyholders and shareholders.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle A - General Provisions Applicable to Insurers and Related Entities › Chapter 805 - Directors, Officers, and Other Interested Persons › Subchapter B. Certain Payments by Directors, Officers, and Trustees › Section 805.021. Liability for Fee and Tax Payments

Sec. 805.021.  LIABILITY FOR FEE AND TAX PAYMENTS.  (a)  In this section, "fee or tax" includes a license, excise, privilege, premium, or occupation fee or tax.
(b)  A director, officer, or trustee of an insurer is not personally liable, in complying with the law, for the payment of or for the determination not to contest the payment of a fee or tax to a state or a political subdivision of a state that the board of directors or trustees considers to be in the corporate interest of the insurer.
(c)  Subsection (b) does not apply if, before the payment of the fee or tax, the state court of final appellate jurisdiction or the United States Supreme Court expressly holds that the law imposing the fee or tax is invalid.
(d)  This section does not directly or indirectly limit, minimize, or interpret the rights and powers of an insurer or the directors, officers, or trustees of an insurer.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 821 - General Provisions › Subchapter A. Minimum Insurance to Be Maintained by Insurer › Section 821.001. Applicability of Subchapter

Sec. 821.001.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies to any insurer that is required by law to hold a certificate of authority issued by the department, including:
(1)  a domestic insurance company;
(2)  a mutual life insurance company;
(3)  a statewide mutual assessment company;
(4)  a mutual insurance company other than a life insurance company operating under Chapter 883;
(5)  a Lloyd's plan;
(6)  a reciprocal or interinsurance exchange;  and
(7)  a title insurance company.
(b)  This subchapter does not apply to:
(1)  an insurer before the second anniversary of the date the insurer's original certificate of authority is issued;  or
(2)  an insurer that was paid more than $50,000 in gross premium income by policyholders during the preceding accounting year of the insurer.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 821 - General Provisions › Subchapter A. Minimum Insurance to Be Maintained by Insurer › Section 821.002. Exemptions

Sec. 821.002.  EXEMPTIONS.  This subchapter does not apply to:
(1)  a fraternal benefit society operating under Chapter 885;
(2)  a local mutual aid association or local mutual burial association operating under Chapters 886, 887, and 888;
(3)  a statewide mutual assessment company or association operating under Chapters 881, 887, or 888;
(4)  another association operating under Subchapter C, Chapter 887;
(5)  a farm mutual insurance company operating under Chapter 911;  or
(6)  a county mutual fire insurance company operating under Chapter 912.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 821 - General Provisions › Subchapter A. Minimum Insurance to Be Maintained by Insurer › Section 821.003. Minimum Requirements

Sec. 821.003.  MINIMUM REQUIREMENTS.  An insurer must maintain at all times not less than 100 policyholders or certificate holders nor less than $200,000 of insurance that the insurer has written or acquired through reinsurance contracts.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 821 - General Provisions › Subchapter A. Minimum Insurance to Be Maintained by Insurer › Section 821.004. Report to Attorney General; Suit Against Insurer

Sec. 821.004.  REPORT TO ATTORNEY GENERAL;  SUIT AGAINST INSURER.  (a)  The department shall report to the attorney general an insurer's failure to comply with this subchapter.
(b)  On receiving a report under Subsection (a), the attorney general shall bring suit in a district court in Travis County against the insurer to cancel, forfeit, and revoke the insurer's:
(1)  charter, articles of association, or articles of agreement;  and
(2)  certificate of authority.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 821 - General Provisions › Subchapter B. Association of Insurance Companies › Section 821.051. Payment of Taxes and Fees; Compliance With Law

Sec. 821.051.  PAYMENT OF TAXES AND FEES;  COMPLIANCE WITH LAW.  (a)  Life, health, fire, marine, or inland marine insurance companies that associate to issue or sell insurance policies may not engage in the business of insurance in this state until each company has:
(1)  paid the company's taxes and fees that are due;  and
(2)  complied with all requirements of law.
(b)  The commissioner may not authorize to engage in the business of insurance in this state an insurance company that does not comply with Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 822 - General Incorporation and Regulatory Requirements for Insurance Companies Other Than Life, Health, or Accident Insurance Companies › Subchapter A. General Provisions › Section 822.001. Applicability of Chapter

Sec. 822.001.  APPLICABILITY OF CHAPTER.  Except as otherwise provided by this code, this chapter applies to the formation of each company or organization that proposes to engage in any kind of insurance business other than a life, health, or accident insurance company organized or operating under Chapter 841, 881, 882, 884, 885, 886, 887, or 888.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 822 - General Incorporation and Regulatory Requirements for Insurance Companies Other Than Life, Health, or Accident Insurance Companies › Subchapter A. General Provisions › Section 822.002. Applicability of Law Governing Corporations

Sec. 822.002.  APPLICABILITY OF LAW GOVERNING CORPORATIONS.  An insurance company incorporated in this state is subject to the Texas Business Corporation Act, the Texas Miscellaneous Corporation Laws Act (Article 1302-1.01 et seq., Vernon's Texas Civil Statutes), and any other law of this state that governs corporations in general to the extent those laws are not inconsistent with this code.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 822 - General Incorporation and Regulatory Requirements for Insurance Companies Other Than Life, Health, or Accident Insurance Companies › Subchapter A. General Provisions › Section 822.003. Effect on Transactions Between Insurance Companies and Others

Sec. 822.003.  EFFECT ON TRANSACTIONS BETWEEN INSURANCE COMPANIES AND OTHERS.  The following sections do not restrict or modify any provision of this code relating to a transaction between an insurance company and the insurance company's affiliates, or between an insurance company and certain shareholders, directors, or officers of the insurance company, as provided by Subchapter A, Chapter 805, and Chapter 823:
(1)  Sections 822.055 and 822.056;
(2)  Section 822.057(a)(4);
(3)  Section 822.061;
(4)  Section 822.156;
(5)  Sections 822.158(d) and (e);  and
(6)  Sections 822.206 and 822.207.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 822 - General Incorporation and Regulatory Requirements for Insurance Companies Other Than Life, Health, or Accident Insurance Companies › Subchapter B. Formation and Structure of Company › Section 822.051. Formation of Company

Sec. 822.051.  FORMATION OF COMPANY.  (a)  Any number of persons may form a company for the purpose of engaging in the business of insurance.
(b)  To form a company, each incorporator must adopt and sign the articles of incorporation of the company as provided by this code.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 822 - General Incorporation and Regulatory Requirements for Insurance Companies Other Than Life, Health, or Accident Insurance Companies › Subchapter B. Formation and Structure of Company › Section 822.052. Articles of Incorporation

Sec. 822.052.  ARTICLES OF INCORPORATION.  Articles of incorporation of a proposed insurance company must state:
(1)  the name of the company;
(2)  the location of the company's principal business office;
(3)  the kind of insurance business in which the company proposes to engage;
(4)  the amount of the company's capital stock;  and
(5)  the amount of the company's surplus.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 822 - General Incorporation and Regulatory Requirements for Insurance Companies Other Than Life, Health, or Accident Insurance Companies › Subchapter B. Formation and Structure of Company › Section 822.053. Company's Name

Sec. 822.053.  COMPANY'S NAME.  An insurance company's name may not be so similar to the name of another insurance company as to likely mislead the public.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle B - Organization of Regulated Entities › Chapter 822 - General Incorporation and Regulatory Requirements for Insurance Companies Other Than Life, Health, or Accident Insurance Companies › Subchapter B. Formation and Structure of Company › Section 822.054. Capital Stock and Surplus Requirements

Sec. 822.054.  CAPITAL STOCK AND SURPLUS REQUIREMENTS.  (a)  An insurance company must have capital stock in an amount of at least $2.5 million and surplus in an amount of at least $2.5 million.
(b)  At the time of incorporation, the required capital and surplus must be in cash.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1275 (H.B. 1476), Sec. 1, eff. September 1, 2009.