Sec. 981.215. SURPLUS LINES AGENT RECORDS. (a) A surplus lines agent shall maintain a complete record of each surplus lines contract obtained by the agent, including any of the following, if applicable:
(1) a copy of the daily report;
(2) the amount of the insurance and risks insured against;
(3) a brief general description of the property insured and the location of that property;
(4) the gross premium charged;
(5) the return premium paid;
(6) the rate of premium charged on the different items of property;
(7) the contract terms, including the effective date;
(8) the insured's name and post office address;
(9) the insurer's name and home office address;
(10) the amount collected from the insured;
(11) an agreement under Section 225.006(c);
(12) evidence establishing that:
(A) the insured qualified as an exempt commercial purchaser and that the surplus lines agent complied with the requirements of Section 981.004(c) if a diligent effort to obtain insurance in the admitted market was not made pursuant to Section 981.004(a)(1); or
(B) the insured qualified as an industrial insured and that the surplus lines agent complied with the requirements of Section 981.004(d) if a diligent effort to obtain insurance in the admitted market was not made pursuant to Section 981.004(a)(1); and
(13) any other information required by the department.
(b) The surplus lines agent shall keep the record required by this section open for examination by the department without notice at any time until the third anniversary of the date the surplus lines contract expires or is canceled.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.233(a), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 595 (S.B. 951), Sec. 9, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 920 (H.B. 1405), Sec. 4, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 11.002, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 92 (H.B. 1559), Sec. 3, eff. September 1, 2017.
Structure Texas Statutes
Title 6 - Organization of Insurers and Related Entities
Subtitle I - Surplus Lines Insurers; Companies Not Organized in Texas
Chapter 981 - Surplus Lines Insurance
Subchapter E. Surplus Lines Agents
Section 981.202. Surplus Lines License Required
Section 981.203. Qualifications for Surplus Lines License
Section 981.204. Classification of Surplus Lines Agents
Section 981.210. Placement of Coverage
Section 981.211. Financial Condition of Surplus Lines Insurers
Section 981.212. Accepting Surplus Lines Insurance From Other Agents
Section 981.213. Filing Contract With Stamping Office
Section 981.214. Compliance With Stamping Office Plan of Operation
Section 981.215. Surplus Lines Agent Records
Section 981.216. Annual Report
Section 981.217. Notice to Department Required
Section 981.218. Department Monitoring of Surplus Lines Agents
Section 981.220. Managing General Agents; Limited Authority of Certain Agents
Section 981.221. Suspension or Revocation of License