reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 559 - Credit Scoring and Credit Information › Subchapter D. Filing of Credit Scoring Models › Section 559.151. Filing Required

Sec. 559.151.  FILING REQUIRED.  (a)  An insurer that uses credit scores to underwrite and rate risks shall file the insurer's credit scoring models or other credit scoring processes with the department.
(b)  Another entity may file credit scoring models on behalf of an insurer.
(c)  A filing that includes credit scoring may include loss experience justifying the use of credit information.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.020(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 559 - Credit Scoring and Credit Information › Subchapter D. Filing of Credit Scoring Models › Section 559.152. Public Information

Sec. 559.152.  PUBLIC INFORMATION.  A credit scoring model filed to comply with this chapter, as of the date the filing is received by the department:
(1)  is public information;
(2)  is not subject to any exceptions to disclosure under Chapter 552, Government Code; and
(3)  cannot be withheld from disclosure under any other law.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.020(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 559 - Credit Scoring and Credit Information › Subchapter E. Enforcement › Section 559.201. Violation

Sec. 559.201.  VIOLATION.  An insurer that violates this chapter or a rule adopted under this chapter commits an unfair practice in violation of Chapter 541 and is subject to sanctions under Chapter 82.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.020(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 560 - Prohibited Rates › Section 560.001. Definition of Insurer

Sec. 560.001.  DEFINITION OF INSURER.  In this chapter, "insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, farm mutual insurance company, capital stock insurance company, county mutual insurance company, Lloyd's plan, surplus lines insurer, or other legal entity engaged in the business of insurance in this state.  The term includes:
(1)  an affiliate described by Section 823.003(a);
(2)  the Texas Windstorm Insurance Association established under Chapter 2210;
(3)  the FAIR Plan Association established under Chapter 2211; and
(4)  the Texas Automobile Insurance Plan Association established under Chapter 2151.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1D.002, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 560 - Prohibited Rates › Section 560.002. Use of Certain Rates Prohibited; Rate Requirements

Sec. 560.002.  USE OF CERTAIN RATES PROHIBITED; RATE REQUIREMENTS.  (a)  An insurer may not use a rate that violates this chapter.
(b)  A rate used under this code:
(1)  must be just, fair, reasonable, and adequate; and
(2)  may not be:
(A)  confiscatory;
(B)  excessive for the risks to which the rate applies; or
(C)  unfairly discriminatory.
(c)  For purposes of this section, a rate is:
(1)  inadequate if the rate is insufficient to sustain projected losses and expenses to which the rate applies, and continued use of the rate:
(A)  endangers the solvency of an insurer using the rate; or
(B)  has the effect of substantially lessening competition or creating a monopoly in any market;
(2)  excessive if the rate is likely to produce a long-term profit that is unreasonably high in relation to the insurance coverage provided; or
(3)  unfairly discriminatory if the rate:
(A)  is not based on sound actuarial principles;
(B)  does not bear a reasonable relationship to the expected loss and expense experience among risks; or
(C)  is based wholly or partly on the race, creed, color, ethnicity, or national origin of the policyholder or an insured.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1D.002, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter A. General Provisions › Section 562.001. Purpose

Sec. 562.001.  PURPOSE.  The purpose of this chapter is to regulate trade practices in the business of discount health care programs by:
(1)  defining or providing for the determination of trade practices in this state that are unfair methods of competition or unfair or deceptive acts or practices;  and
(2)  prohibiting those unfair or deceptive trade practices.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter A. General Provisions › Section 562.002. Definitions

Sec. 562.002.  DEFINITIONS.  In this chapter:
(1)  "Advertisement, solicitation, or marketing material" means material that is made, published, disseminated, circulated, or placed before the public:
(A)  in a newspaper, magazine, or other publication;
(B)  in a notice, circular, pamphlet, letter, or poster;
(C)  over a radio or television station;
(D)  through the Internet;
(E)  in a telephone sales script; or
(F)  in any other manner.
(2)  "Discount health care program" means a business arrangement or contract in which an entity, in exchange for fees, dues, charges, or other consideration, offers its members access to discounts on health care services provided by health care providers.  The term does not include an insurance policy, certificate of coverage, or other product otherwise regulated by the department or a self-funded or self-insured employee benefit plan.
(3)  "Discount health care program operator" means a person who, in exchange for fees, dues, charges, or other consideration, operates a discount health care program and contracts with providers, provider networks, or other discount health care program operators to offer access to health care services at a discount and determines the charge to members.
(4)  "Health care services" includes physician care, inpatient care, hospital surgical services, emergency services, ambulance services, laboratory services, audiology services, dental services, vision services, mental health services, substance abuse services, chiropractic services, and podiatry services, and the provision of medical equipment and supplies, including prescription drugs.
(5)  "Marketer" means a person who sells or distributes, or offers to sell or distribute, a discount health care program, including a private label entity that places its name on and markets or distributes a discount health care program, but does not operate a discount health care program.
(6)  "Member" means a person who pays fees, dues, charges, or other consideration for the right to participate in a discount health care program.
(7)  "Person" means an individual, corporation, association, partnership, or other legal entity.
(8)  "Program operator" means a discount health plan program operator.
(9)  "Provider" means a person who is licensed or otherwise authorized to provide health care services in this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter A. General Provisions › Section 562.003. Venue for Actions Involving Department or Commissioner

Sec. 562.003.  VENUE FOR ACTIONS INVOLVING DEPARTMENT OR COMMISSIONER.  An action under this chapter in which the department or commissioner is a party must be brought in a district court in Travis County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter A. General Provisions › Section 562.004. Applicability

Sec. 562.004.  APPLICABILITY.  Except as otherwise provided by this chapter, a program operator, including the operator of a freestanding discount health care program or a discount health care program marketed by an insurer or a health maintenance organization, shall comply with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter A. General Provisions › Section 562.0041. Exemption

Sec. 562.0041.  EXEMPTION.  This chapter does not apply to a health care sharing ministry operated under Chapter 1681.
Added by Acts 2013, 83rd Leg., R.S., Ch. 455 (S.B. 874), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter A. General Provisions › Section 562.005. Liberal Construction

Sec. 562.005.  LIBERAL CONSTRUCTION.  This chapter shall be liberally construed and applied to promote the underlying purposes as provided by Section 562.001.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter B. Unfair Methods of Competition And › Section 562.051. Misrepresentation Regarding Discount Health Care Program

Sec. 562.051.  MISREPRESENTATION REGARDING DISCOUNT HEALTH CARE PROGRAM.  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to:
(1)  misrepresent the price range of discounts offered by the discount health care program;
(2)  misrepresent the size or location of the program's network of providers;
(3)  misrepresent the participation of a provider in the program's network;
(4)  suggest that a discount card offered through the program is a federally approved Medicare prescription discount card;
(5)  use the term "insurance," except as:
(A)  a disclaimer of any relationship between the discount health care program and insurance; or
(B)  a description of an insurance product connected with a discount health care program; or
(6)  use the term "health plan," "coverage," "copay," "copayments," "deductible," "preexisting conditions," "guaranteed issue," "premium," "PPO," or "preferred provider organization," or another similar term, in a manner that could reasonably mislead an individual into believing that the discount health care program is health insurance or provides coverage similar to health insurance.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter B. Unfair Methods of Competition And › Section 562.052. False Information and Advertising

Sec. 562.052.  FALSE INFORMATION AND ADVERTISING.  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to make, publish, disseminate, circulate, or place before the public or directly or indirectly cause to be made, published, disseminated, circulated, or placed before the public an advertisement, solicitation, or marketing material containing an untrue, deceptive, or misleading assertion, representation, or statement regarding the discount health care program.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter B. Unfair Methods of Competition And › Section 562.053. Failure to Register or Renew Registration; False Registration or Renewal Statement

Sec. 562.053.  FAILURE TO REGISTER OR RENEW REGISTRATION; FALSE REGISTRATION OR RENEWAL STATEMENT.  (a)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to:
(1)  fail to register or renew registration as required under Chapter 7001; or
(2)  with intent to deceive:
(A)  file with the department a false statement in connection with an application for registration as a program operator under Chapter 7001; or
(B)  file with the department a false statement in connection with an application for renewal of a registration as a program operator under Chapter 7001.
(b)  The commissioner may impose on a person operating a discount health care program for the person's failure to register or renew registration as required under Chapter 7001 any remedy that the commissioner is authorized to impose under Chapter 101 for the unauthorized business of insurance.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter B. Unfair Methods of Competition And › Section 562.054. Misrepresentation of Discount Health Care Programs

Sec. 562.054.  MISREPRESENTATION OF DISCOUNT HEALTH CARE PROGRAMS.  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to misrepresent a discount health care program by:
(1)  making an untrue statement of material fact;
(2)  failing to state a material fact necessary to make other statements made not misleading, considering the circumstances under which the statements were made;
(3)  making a statement in a manner that would mislead a reasonably prudent person to a false conclusion of a material fact;
(4)  making a material misstatement of law;  or
(5)  failing to disclose a matter required by law to be disclosed, including failing to make an applicable disclosure required by this code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter B. Unfair Methods of Competition And › Section 562.055. Network Participation Requirements

Sec. 562.055.  NETWORK PARTICIPATION REQUIREMENTS.  (a)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs for a discount health care program operator or an affiliate or agent of a discount health care program operator to require a pharmacy or pharmacist to:
(1)  participate in a specified provider network as a condition of processing a claim for prescription drugs under the discount health care program; or
(2)  participate in, or process claims under, a discount health care program as a condition of participation in a provider network.
(b)  A discount health care program operator is not legally liable for any act or omission of an agent of the operator in violation of Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 573 (H.B. 3028), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter B. Unfair Methods of Competition And › Section 562.056. Certain Methods of Promotions

Sec. 562.056.  CERTAIN METHODS OF PROMOTIONS.  (a)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs for a discount health care program operator to pay any consideration to a health care services provider or employee of a health care services provider:
(1)  to encourage an individual to claim a discount for prescription drugs under a discount health care program; or
(2)  to include discount health care program information on a prescription for a drug or in materials accompanying the prescription.
(b)  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs for a discount health care program operator to provide a person with written prescription forms that could reasonably mislead an individual to believe that the discount health care program is health insurance or provides coverage similar to health insurance.
Added by Acts 2015, 84th Leg., R.S., Ch. 573 (H.B. 3028), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter C. Regulation of Practices › Section 562.101. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Prohibited

Sec. 562.101.  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES PROHIBITED.  A person may not engage in this state in a trade practice that is defined in this chapter as or determined under this chapter to be an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter C. Regulation of Practices › Section 562.102. Prohibited Content of Certain Discount Health Care Program Advertising, Solicitation, or Marketing

Sec. 562.102.  PROHIBITED CONTENT OF CERTAIN DISCOUNT HEALTH CARE PROGRAM ADVERTISING, SOLICITATION, OR MARKETING.  Notwithstanding any other provision of this code, it is unlawful for a program operator or marketer to advertise, solicit, or market a discount health care program containing the words "approved by the Texas Department of Insurance" or words with a similar meaning.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter C. Regulation of Practices › Section 562.104. Marketing of Program

Sec. 562.104.  MARKETING OF PROGRAM.  (a)  A program operator may market directly or contract with marketers for the distribution of the program operator's discount health care programs.
(b)  A program operator shall enter into a written contract with a marketer before the marketer begins marketing, promoting, selling, or distributing the program operator's discount health care program.  The contract must prohibit the marketer from using an advertisement, solicitation, or other marketing material or a discount card that has not been approved in advance and in writing by the program operator.
(c)  A program operator must approve in writing before their use all advertisements, solicitations, or other marketing materials and all discount cards used by marketers to market, promote, sell, or distribute the discount health care program.
(d)  Each advertisement, solicitation, or marketing material of a discount health care program must clearly and conspicuously state that the discount health care program is not insurance.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter C. Regulation of Practices › Section 562.105. Contract Requirements

Sec. 562.105.  CONTRACT REQUIREMENTS.  (a)  A program operator shall contract, directly or indirectly, with a provider offering discounted health care services or products under the discount health care program.  The written contract must contain all of the following provisions:
(1)  a description of the discounts to be provided to a member;
(2)  a provision prohibiting the provider from charging a member more than the discounted rate agreed to in the written agreement with the provider; and
(3)  a provision requiring the provider to promptly notify the program operator if the provider no longer participates in the program or  loses the authority to provide services or products.
(b)  The program operator may not charge or receive from a provider any fee or other compensation for entering into the agreement.
(c)  If the program operator contracts with a network of providers, the program operator shall obtain written assurance from the network that:
(1)  the network has a written agreement with each network provider that includes a discounted rate that is applicable to a program operator's discount health care program and contains all of the terms described in Subsection (a); and
(2)  the network is authorized to obligate the network providers to provide services to members of the discount health care program.
(d)  The program operator shall require the network to:
(1)  maintain and provide the program operator on a monthly basis an up-to-date list of providers in the network; and
(2)  promptly remove a provider from its network if the provider no longer participates or loses the authority to provide services or products.
(e)  The program operator shall maintain a copy of each written agreement the program operator has with a provider or a network for at least two years following termination of the agreement.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter C. Regulation of Practices › Section 562.106. Submission of Materials

Sec. 562.106.  SUBMISSION OF MATERIALS.  If the commissioner reasonably believes that a program operator or a marketer may not be operating in compliance with this chapter, the commissioner by order may require the program operator or the marketer to submit to the commissioner any advertisement, solicitation, or marketing material, disclosure material, discount card, agreement, or other document requested by the commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
Redesignated from Insurance Code, Section 561.106 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(40), eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.151. Examination and Investigation

Sec. 562.151.  EXAMINATION AND INVESTIGATION.  The department may examine and investigate the affairs of a person engaged in the business of discount health care programs in this state to determine whether the person:
(1)  has or is engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by this chapter; or
(2)  has violated Subchapter B or C.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.152. Statement of Charges; Notice of Hearing

Sec. 562.152.  STATEMENT OF CHARGES;  NOTICE OF HEARING.  (a)  When the department has reason to believe that a person engaged in the business of discount health care programs in this state has engaged or is engaging in this state in an unfair method of competition or unfair or deceptive act or practice defined by Subchapter B or has violated Subchapter B or C and that a proceeding by the department regarding the charges is in the interest of the public, the department shall issue and serve on the person:
(1)  a statement of the charges;  and
(2)  a notice of the hearing on the charges, including the time and place for the hearing.
(b)  The department may not hold the hearing before the sixth day after the date the notice required by Subsection (a)(2) is served.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.153. Hearing

Sec. 562.153.  HEARING.  A person against whom charges are made under Section 562.152 is entitled at the hearing on the charges to have an opportunity to be heard and show cause why the department should not issue an order requiring the person to cease and desist from:
(1)  performing the unfair method of competition or unfair or deceptive act or practice described in the charges; or
(2)  violating Subchapter B or C.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.154. Hearing Procedures

Sec. 562.154.  HEARING PROCEDURES.  (a)  Nothing in this chapter requires the observance of formal rules of pleading or evidence at a hearing under this subchapter.
(b)  At a hearing under this subchapter, the department, on a showing of good cause, shall permit any person to intervene, appear, and be heard by counsel or in person.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.155. Record of Hearing

Sec. 562.155.  RECORD OF HEARING.  (a)  At a hearing under this subchapter, the department may, and at the request of a party to the hearing shall, make a record of the proceedings and the evidence presented at the hearing.
(b)  If the department does not make a record and a person seeks judicial review of the decision made at the hearing, the department shall prepare a statement of the evidence and proceeding for use on review.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.156. Compliance With Subpoena

Sec. 562.156.  COMPLIANCE WITH SUBPOENA.  (a)  If a person refuses to comply with a subpoena issued in connection with a hearing under this subchapter or refuses to testify with respect to a matter about which the person may be lawfully interrogated, on application of the department, a district court in Travis County or in the county in which the person resides may order the person to comply with the subpoena or testify.
(b)  A court may punish as contempt a person's failure to obey an order under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.157. Determination of Violation

Sec. 562.157.  DETERMINATION OF VIOLATION.  After a hearing under this subchapter to determine whether a person has engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by this chapter, the department shall determine whether:
(1)  the method of competition or the act or practice considered in the hearing is defined as:
(A)  an unfair method of competition or deceptive act or practice under Subchapter B; or
(B)  a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code; and
(2)  the person against whom the charges were made engaged in the method of competition or act or practice in violation of:
(A)  this chapter; or
(B)  Subchapter E, Chapter 17, Business & Commerce Code, as specified in Section 17.46, Business & Commerce Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.158. Cease and Desist Order

Sec. 562.158.  CEASE AND DESIST ORDER.  On determining that a person committed a violation described by Section 562.157 or committed a violation of Subchapter B or C, the department shall:
(1)  make written findings; and
(2)  issue and serve on the person an order requiring the person to cease and desist from engaging in the method of competition or act or practice determined to be a violation or the violation of Subchapter B or C, as applicable.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.159. Modification or Setting Aside of Order

Sec. 562.159.  MODIFICATION OR SETTING ASIDE OF ORDER.  On the notice and in the manner the department determines proper, the department may modify or set aside wholly or partly a cease and desist order issued under Section 562.158 at any time before a petition appealing the order is filed in accordance with Subchapter D, Chapter 36.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.160. Administrative Penalty for Violation of Cease and Desist Order

Sec. 562.160.  ADMINISTRATIVE PENALTY FOR VIOLATION OF CEASE AND DESIST ORDER.  (a)  A person who violates a cease and desist order issued under Section 562.158 is subject to an administrative penalty under Chapter 84.
(b)  In determining whether a person has violated a cease and desist order, the department shall consider the maintenance of procedures reasonably adapted to ensure compliance with the order.
(c)  An administrative penalty imposed under this section may not exceed:
(1)  $1,000 for each violation; or
(2)  $5,000 for all violations.
(d)  An order of the department imposing an administrative penalty under this section applies only to a violation of the cease and desist order committed before the date the order imposing the penalty is issued.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter D. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Enforcement; Sanctions and Penalties › Section 562.161. Civil Penalty for Violation of Cease and Desist Order

Sec. 562.161.  CIVIL PENALTY FOR VIOLATION OF CEASE AND DESIST ORDER.  (a)  A person who is found by a court to have violated a cease and desist order issued under Section 562.158 is liable to the state for a penalty.  The state may recover the penalty in a civil action.
(b)  The penalty may not exceed $50 unless the court finds the violation to be wilful, in which case the penalty may not exceed $500.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter E. Enforcement by Attorney General › Section 562.201. Injunctive Relief

Sec. 562.201.  INJUNCTIVE RELIEF.  (a)  The attorney general may bring an action under this section if the attorney general has reason to believe that:
(1)  a person engaged in the business of discount health care programs in this state is engaging in, has engaged in, or is about to engage in an act or practice defined as unlawful under:
(A)  this chapter; or
(B)  Section 17.46, Business & Commerce Code; and
(2)  the action is in the public interest.
(b)  The attorney general may bring the action in the name of the state to restrain by temporary or permanent injunction the person's use of the method, act, or practice.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. April 1, 2010.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter E. Enforcement by Attorney General › Section 562.202. Venue for Injunctive Action

Sec. 562.202.  VENUE FOR INJUNCTIVE ACTION.  An action for an injunction under this subchapter may be commenced in a district court in:
(1)  the county in which the person against whom the action is brought:
(A)  resides;
(B)  has the person's principal place of business; or
(C)  is engaging in business;
(2)  the county in which the transaction or a substantial portion of the transaction occurred; or
(3)  Travis County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. April 1, 2010.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter E. Enforcement by Attorney General › Section 562.203. Issuance of Injunction

Sec. 562.203.  ISSUANCE OF INJUNCTION.  (a)  The court may issue an appropriate temporary or permanent injunction.
(b)  The court shall issue the injunction without bond.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. April 1, 2010.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter E. Enforcement by Attorney General › Section 562.204. Civil Penalty

Sec. 562.204.  CIVIL PENALTY.  In addition to requesting a temporary or permanent injunction under Section 562.201, the attorney general may request a civil penalty of not more than $20,000 for each violation on a finding by the court that the defendant has engaged in or is engaging in an act or practice defined as unlawful under this chapter or Section 17.46, Business & Commerce Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. April 1, 2010.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter E. Enforcement by Attorney General › Section 562.205. Compensation or Restoration

Sec. 562.205.  COMPENSATION OR RESTORATION.  The court may make an additional order or judgment as necessary to compensate an identifiable person for actual damages or for restoration of money or property that may have been acquired by means of an enjoined act or practice.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. April 1, 2010.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter E. Enforcement by Attorney General › Section 562.206. Civil Penalty for Violation of Injunction

Sec. 562.206.  CIVIL PENALTY FOR VIOLATION OF INJUNCTION.  (a)  A person who violates an injunction issued under this subchapter is liable for and shall pay to the state a civil penalty of not more than $10,000 for each violation.
(b)  The attorney general may, in the name of the state, petition the court for recovery of the civil penalty against the person who violates the injunction.
(c)  The court shall consider the maintenance of procedures reasonably adapted to ensure compliance with the injunction in determining whether a person has violated an injunction.
(d)  The court issuing the injunction retains jurisdiction and the cause is continued for the purpose of assessing a civil penalty under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. April 1, 2010.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter E. Enforcement by Attorney General › Section 562.207. Remedies Not Exclusive

Sec. 562.207.  REMEDIES NOT EXCLUSIVE.  The remedies provided by this subchapter:
(1)  are not exclusive; and
(2)  are in addition to any other remedy or procedure provided by another law or at common law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. April 1, 2010.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter F. Assurance of Voluntary Compliance › Section 562.251. Acceptance of Assurance

Sec. 562.251.  ACCEPTANCE OF ASSURANCE.  (a)  In administering this chapter, the department may accept assurance of voluntary compliance from a person who is engaging in, has engaged in, or is about to engage in an act or practice in violation of this chapter or Section 17.46, Business & Commerce Code.
(b)  The assurance must be in writing and be filed with the department.
(c)  The department may condition acceptance of an assurance of voluntary compliance on the stipulation that the person offering the assurance restore to a person in interest money that may have been acquired by the act or practice described in Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter F. Assurance of Voluntary Compliance › Section 562.252. Effect of Assurance

Sec. 562.252.  EFFECT OF ASSURANCE.  (a)  An assurance of voluntary compliance is not an admission of a prior violation of this chapter or Section 17.46, Business & Commerce Code.
(b)  Unless an assurance of voluntary compliance is rescinded by agreement, a subsequent failure to comply with the assurance is prima facie evidence of a violation of this chapter or Section 17.46, Business & Commerce Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter F. Assurance of Voluntary Compliance › Section 562.253. Reopening

Sec. 562.253.  REOPENING.  A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter G. Construction of Chapter With Other Laws › Section 562.301. Liability Under Other Law

Sec. 562.301.  LIABILITY UNDER OTHER LAW.  An order of the department under this chapter, or an order by a court to enforce that order, does not relieve or absolve a person affected by either order from liability under another law of this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter G. Construction of Chapter With Other Laws › Section 562.302. Powers in Addition to Other Powers Authorized by Law

Sec. 562.302.  POWERS IN ADDITION TO OTHER POWERS AUTHORIZED BY LAW.  The powers vested in the department and the commissioner by this chapter are in addition to any other powers to enforce a penalty, fine, or forfeiture authorized by law with respect to a method of competition or act or practice defined as unfair or deceptive.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 562 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Regarding Discount Health Care Programs › Subchapter G. Construction of Chapter With Other Laws › Section 562.303. Double Recovery Prohibited

Sec. 562.303.  DOUBLE RECOVERY PROHIBITED.  A person may not recover damages and penalties for the same act or practice under both this chapter and another law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 563 - Practices Relating to Claims Reporting › Section 563.001. Definitions

Sec. 563.001.  DEFINITIONS.  In this chapter:
(1)  "Claims database" means a database used by insurers to share, among insurers, insureds' claims histories or damage reports concerning covered properties.
(2)  "Insurer," "personal automobile insurance," and "residential property insurance" have the meanings assigned by Section 2254.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 13.001, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 5 - Protection of Consumer Interests › Subtitle C - Deceptive, Unfair, and Prohibited Practices › Chapter 563 - Practices Relating to Claims Reporting › Section 563.002. Reporting to Claims Database

Sec. 563.002.  REPORTING TO CLAIMS DATABASE.  An insurer or an insurer's agent may not report to a claims database information regarding an inquiry by an insured regarding coverage provided under a personal automobile insurance policy or a residential property insurance policy unless and until the insured files a claim under the policy.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 13.001, eff. September 1, 2011.