Sec. 36.005. INTERIM RULES TO COMPLY WITH FEDERAL REQUIREMENTS. (a) The commissioner may adopt rules to implement state responsibility in compliance with a federal law or regulation or action of a federal court relating to a person or activity under the jurisdiction of the department if:
(1) federal law or regulation, or an action of a federal court, requires:
(A) a state to adopt the rules; or
(B) action by a state to ensure protection of the citizens of the state;
(2) the rules will avoid federal preemption of state insurance regulation; or
(3) the rules will prevent the loss of federal funds to this state.
(b) The commissioner may adopt a rule under this section only if the federal action requiring the adoption of a rule occurs or takes effect between sessions of the legislature or at such time during a session of the legislature that sufficient time does not remain to permit the preparation of a recommendation for legislative action or permit the legislature to act. A rule adopted under this section shall remain in effect only until 30 days following the end of the next session of the legislature unless a law is enacted that authorizes the subject matter of the rule. If a law is enacted that authorizes the subject matter of the rule, the rule will continue in effect.
Added by Acts 2003, 78th Leg., ch. 206, Sec. 15.03, eff. June 11, 2003.
Structure Texas Statutes
Title 2 - Texas Department of Insurance
Subtitle A - Administration of the Texas Department of Insurance
Chapter 36 - Department Rules and Procedures
Section 36.001. General Rulemaking Authority
Section 36.002. Additional Rulemaking Authority
Section 36.003. Rules Restricting Advertising or Competitive Bidding
Section 36.004. Compliance With National Association of Insurance Commissioners Requirements; Rules
Section 36.005. Interim Rules to Comply With Federal Requirements