Texas Statutes
Title 2 - Texas Department of Insurance
Subtitle A - Administration of the Texas Department of Insurance

Section 30.004. Reference in Law to Statute Revised by Title 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or 20 - Sec. 30.004. REFERENCE IN LAW TO STATUTE REVISED BY TITLE...

Chapter 31 - Organization of Department

Subchapter A. General Provisions

Section 31.001. Definitions - Sec. 31.001. DEFINITIONS. In this code and other insurance laws:...

Section 31.002. Duties of Department - Sec. 31.002. DUTIES OF DEPARTMENT. In addition to the other...

Section 31.003. Composition of Department - Sec. 31.003. COMPOSITION OF DEPARTMENT. The department is composed of...

Section 31.004. Sunset Provision - Sec. 31.004. SUNSET PROVISION. (a) The Texas Department of Insurance...

Section 31.005. Defense by Attorney General - Sec. 31.005. DEFENSE BY ATTORNEY GENERAL. The attorney general shall...

Section 31.006. Texas Workers' Compensation Commission Not Affected - Sec. 31.006. TEXAS WORKERS' COMPENSATION COMMISSION NOT AFFECTED. This code...

Section 31.007. References to Board - Sec. 31.007. REFERENCES TO BOARD. A reference in this code...

Subchapter B. Commissioner of Insurance

Section 31.021. Chief Executive - Sec. 31.021. CHIEF EXECUTIVE. (a) The commissioner is the department's...

Section 31.022. Appointment; Term - Sec. 31.022. APPOINTMENT; TERM. (a) The governor, with the advice...

Section 31.023. Qualifications - Sec. 31.023. QUALIFICATIONS. The commissioner must: (1) be a competent...

Section 31.024. Ineligibility for Public Office - Sec. 31.024. INELIGIBILITY FOR PUBLIC OFFICE. The commissioner is ineligible...

Section 31.026. Compensation - Sec. 31.026. COMPENSATION. The commissioner is entitled to compensation as...

Section 31.027. Grounds for Removal - Sec. 31.027. GROUNDS FOR REMOVAL. (a) It is a ground...

Section 31.028. Training Program for Commissioner - Sec. 31.028. TRAINING PROGRAM FOR COMMISSIONER. (a) Not later than...

Subchapter C. Personnel

Section 31.041. Department Personnel - Sec. 31.041. DEPARTMENT PERSONNEL. (a) Subject to the General Appropriations...

Section 31.042. Division of Responsibilities - Sec. 31.042. DIVISION OF RESPONSIBILITIES. The commissioner shall develop and...

Section 31.043. Equal Employment Opportunity Policy; Report - Sec. 31.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The commissioner...

Section 31.044. Qualifications and Standards of Conduct - Sec. 31.044. QUALIFICATIONS AND STANDARDS OF CONDUCT. The commissioner shall...

Section 31.045. Career Ladder Program; Performance Evaluations - Sec. 31.045. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The commissioner...

Chapter 32 - Administrative Powers and Duties

Subchapter A. Records

Section 32.001. Giving Certified Copies and Certificates - Sec. 32.001. GIVING CERTIFIED COPIES AND CERTIFICATES. (a) On request...

Section 32.0015. Filing Articles of Incorporation and Other Papers; Certified Copies - Sec. 32.0015. FILING ARTICLES OF INCORPORATION AND OTHER PAPERS; CERTIFIED...

Section 32.002. Record of Department Proceedings - Sec. 32.002. RECORD OF DEPARTMENT PROCEEDINGS. The department shall maintain...

Section 32.003. Statements Regarding Condition of Examined Companies - Sec. 32.003. STATEMENTS REGARDING CONDITION OF EXAMINED COMPANIES. The department...

Section 32.004. Publication of Results of Examination - Sec. 32.004. PUBLICATION OF RESULTS OF EXAMINATION. The department shall...

Subchapter B. Reports

Section 32.021. Annual Reports - Sec. 32.021. ANNUAL REPORTS. (a) The department shall file annually...

Section 32.022. Biennial Report to Legislature - Sec. 32.022. BIENNIAL REPORT TO LEGISLATURE. (a) On or before...

Section 32.023. Reports to Other States - Sec. 32.023. REPORTS TO OTHER STATES. On request, the department...

Subchapter C. Forms

Section 32.041. Forms - Sec. 32.041. FORMS. The department shall furnish to the companies...

Subchapter D. Internet Access to Certain Information

Section 32.101. Applicability of Subchapter - Sec. 32.101. APPLICABILITY OF SUBCHAPTER. This subchapter applies to insurers...

Section 32.102. Internet Website - Sec. 32.102. INTERNET WEBSITE. (a) The department, in conjunction with...

Section 32.103. Public Information Concerning Internet Website - Sec. 32.103. PUBLIC INFORMATION CONCERNING INTERNET WEBSITE. The department shall...

Section 32.104. Duties of Insurer - Sec. 32.104. DUTIES OF INSURER. (a) On the request of...

Subchapter E. Rules Regarding Use of Advisory Committees

Section 32.151. Rulemaking Authority - Sec. 32.151. RULEMAKING AUTHORITY. (a) The commissioner shall adopt rules,...

Section 32.152. Periodic Evaluation - Sec. 32.152. PERIODIC EVALUATION. The commissioner shall by rule establish...

Section 32.153. Compliance With Open Meetings Act - Sec. 32.153. COMPLIANCE WITH OPEN MEETINGS ACT. A department advisory...

Chapter 33 - Standards of Conduct

Section 33.001. Application of Law Relating to Ethical Conduct - Sec. 33.001. APPLICATION OF LAW RELATING TO ETHICAL CONDUCT. The...

Section 33.002. Insurance Business Interest; Service as Commissioner - Sec. 33.002. INSURANCE BUSINESS INTEREST; SERVICE AS COMMISSIONER. (a) A...

Section 33.003. Insurance Business Interest; Employee - Sec. 33.003. INSURANCE BUSINESS INTEREST; EMPLOYEE. (a) A person who...

Section 33.004. Trade Associations - Sec. 33.004. TRADE ASSOCIATIONS. (a) A person who is an...

Section 33.005. Lobbying Activities - Sec. 33.005. LOBBYING ACTIVITIES. A person may not serve as...

Section 33.006. Former Service - Sec. 33.006. FORMER SERVICE. A person may not serve as...

Section 33.007. Prohibited Representation - Sec. 33.007. PROHIBITED REPRESENTATION. (a) A person who served as...

Chapter 34 - Immunity From Liability

Section 34.001. Personal Immunity - Sec. 34.001. PERSONAL IMMUNITY. A person who is the commissioner...

Section 34.002. Immunity for Furnishing Information Relating to Fraud - Sec. 34.002. IMMUNITY FOR FURNISHING INFORMATION RELATING TO FRAUD. (a)...

Section 34.003. Immunity for Investigations and Related Reports - Sec. 34.003. IMMUNITY FOR INVESTIGATIONS AND RELATED REPORTS. (a) A...

Section 34.004. Immunity for Use of Annual Statement Information - Sec. 34.004. IMMUNITY FOR USE OF ANNUAL STATEMENT INFORMATION. (a)...

Section 34.005. Effect of Chapter on Other Immunity - Sec. 34.005. EFFECT OF CHAPTER ON OTHER IMMUNITY. This chapter...

Chapter 35 - Electronic Transactions

Section 35.001. Definitions - Sec. 35.001. DEFINITIONS. In this chapter: (1) "Conduct business" includes...

Section 35.002. Construction With Other Law - Sec. 35.002. CONSTRUCTION WITH OTHER LAW. (a) Notwithstanding any other...

Section 35.003. Electronic Transactions Authorized - Sec. 35.003. ELECTRONIC TRANSACTIONS AUTHORIZED. A regulated entity may conduct...

Section 35.004. Minimum Standards for Regulated Entities Electronically Conducting Business With Consumers - Sec. 35.004. MINIMUM STANDARDS FOR REGULATED ENTITIES ELECTRONICALLY CONDUCTING BUSINESS...

Section 35.0041. Consent to Electronic Delivery by Plan Sponsor - Sec. 35.0041. CONSENT TO ELECTRONIC DELIVERY BY PLAN SPONSOR. (a)...

Section 35.0045. Rules - Sec. 35.0045. RULES. The commissioner shall adopt rules necessary to...

Section 35.005. Exemption From Certain Federal Laws - Sec. 35.005. EXEMPTION FROM CERTAIN FEDERAL LAWS. This chapter modifies,...

Chapter 36 - Department Rules and Procedures

Subchapter A. Rules

Section 36.001. General Rulemaking Authority - Sec. 36.001. GENERAL RULEMAKING AUTHORITY. (a) The commissioner may adopt...

Section 36.002. Additional Rulemaking Authority - Sec. 36.002. ADDITIONAL RULEMAKING AUTHORITY. The commissioner may adopt reasonable...

Section 36.003. Rules Restricting Advertising or Competitive Bidding - Sec. 36.003. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. The commissioner...

Section 36.004. Compliance With National Association of Insurance Commissioners Requirements; Rules - Sec. 36.004. COMPLIANCE WITH NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS REQUIREMENTS;...

Section 36.005. Interim Rules to Comply With Federal Requirements - Sec. 36.005. INTERIM RULES TO COMPLY WITH FEDERAL REQUIREMENTS. (a)...

Section 36.007. Rules Relating to Agreements Limiting State Authority to Regulate Insurance Prohibited; Effect of Agreement - Sec. 36.007. RULES RELATING TO AGREEMENTS LIMITING STATE AUTHORITY TO...

Subchapter B. Department Procedures

Section 36.101. Applicability of Certain Laws - Sec. 36.101. APPLICABILITY OF CERTAIN LAWS. Except as specifically provided...

Section 36.102. Summary Procedures for Routine Matters - Sec. 36.102. SUMMARY PROCEDURES FOR ROUTINE MATTERS. (a) The commissioner...

Section 36.103. Review of Action on Routine Matter - Sec. 36.103. REVIEW OF ACTION ON ROUTINE MATTER. (a) A...

Section 36.104. Informal Disposition of Certain Contested Cases - Sec. 36.104. INFORMAL DISPOSITION OF CERTAIN CONTESTED CASES. (a) The...

Section 36.105. Newspaper Publication - Sec. 36.105. NEWSPAPER PUBLICATION. Except as otherwise provided by law,...

Section 36.106. Waiver of Certain Notice Requirements - Sec. 36.106. WAIVER OF CERTAIN NOTICE REQUIREMENTS. The commissioner may,...

Section 36.107. Acceptance of Actuarial Opinion - Sec. 36.107. ACCEPTANCE OF ACTUARIAL OPINION. An opinion of an...

Section 36.108. Filing Date of Report, Financial Statement, or Payment Delivered by Postal Service - Sec. 36.108. FILING DATE OF REPORT, FINANCIAL STATEMENT, OR PAYMENT...

Section 36.109. Renewal Extension for Certain Persons Performing Military Service - Sec. 36.109. RENEWAL EXTENSION FOR CERTAIN PERSONS PERFORMING MILITARY SERVICE....

Section 36.110. Negotiated Rulemaking and Alternative Dispute Resolution Policy - Sec. 36.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a)...

Subchapter C. General Subpoena Powers; Witnesses and Production of Records

Section 36.151. Definition - Sec. 36.151. DEFINITION. In this subchapter, "records" includes books, accounts,...

Section 36.152. Subpoena Authority - Sec. 36.152. SUBPOENA AUTHORITY. (a) With respect to a matter...

Section 36.153. Service of Subpoena - Sec. 36.153. SERVICE OF SUBPOENA. (a) A subpoena issued by...

Section 36.154. Enforcement of Subpoena - Sec. 36.154. ENFORCEMENT OF SUBPOENA. (a) On application of the...

Section 36.155. Compensation for Attendance - Sec. 36.155. COMPENSATION FOR ATTENDANCE. A person required by subpoena...

Section 36.156. Out-of-State Materials - Sec. 36.156. OUT-OF-STATE MATERIALS. (a) A person with materials located...

Section 36.157. Use as Evidence in Certain Cases - Sec. 36.157. USE AS EVIDENCE IN CERTAIN CASES. (a) This...

Section 36.158. Access to Information - Sec. 36.158. ACCESS TO INFORMATION. (a) A record or other...

Section 36.159. Privileged and Confidential Records and Information; Protective Orders - Sec. 36.159. PRIVILEGED AND CONFIDENTIAL RECORDS AND INFORMATION; PROTECTIVE ORDERS....

Section 36.160. Cooperation With Law Enforcement - Sec. 36.160. COOPERATION WITH LAW ENFORCEMENT. On request, the commissioner...

Section 36.161. Certain Subpoenas Issued to Financial Institutions - Sec. 36.161. CERTAIN SUBPOENAS ISSUED TO FINANCIAL INSTITUTIONS. A subpoena...

Section 36.162. Effect on Contested Case - Sec. 36.162. EFFECT ON CONTESTED CASE. Sections 36.152, 36.156, 36.158,...

Subchapter D. Judicial Review

Section 36.201. Action Subject to Judicial Review - Sec. 36.201. ACTION SUBJECT TO JUDICIAL REVIEW. An action of...

Section 36.2015. Actions Under Title 5, Labor Code - Sec. 36.2015. ACTIONS UNDER TITLE 5, LABOR CODE. Notwithstanding Section...

Section 36.202. Petition for Judicial Review - Sec. 36.202. PETITION FOR JUDICIAL REVIEW. (a) After failing to...

Section 36.203. Judicial Review - Sec. 36.203. JUDICIAL REVIEW. Judicial review of the action is...

Section 36.204. Action Not Vacated - Sec. 36.204. ACTION NOT VACATED. (a) The filing of a...

Section 36.205. Appeal - Sec. 36.205. APPEAL. (a) A party to the action under...

Subchapter E. Investigation Files

Section 36.251. Definition - Sec. 36.251. DEFINITION. In this subchapter, "investigation file" means any...

Section 36.252. Investigation Files Confidential - Sec. 36.252. INVESTIGATION FILES CONFIDENTIAL. (a) Information or material acquired...

Section 36.253. Disclosure of Certain Information Not Required - Sec. 36.253. DISCLOSURE OF CERTAIN INFORMATION NOT REQUIRED. The department...

Chapter 37 - Ratemaking and Policy Form Proceedings

Subchapter A. General Provisions

Section 37.001. Certain Proceedings Relating to Ratemaking and Policy Forms; Rules - Sec. 37.001. CERTAIN PROCEEDINGS RELATING TO RATEMAKING AND POLICY FORMS;...

Subchapter B. Certain Proceedings Relating to Rates

Section 37.051. Streamlined Procedures - Sec. 37.051. STREAMLINED PROCEDURES. (a) The department shall study and...

Section 37.052. Role of Department - Sec. 37.052. ROLE OF DEPARTMENT. (a) The application of this...

Section 37.053. Effectiveness of Rate During Appeal - Sec. 37.053. EFFECTIVENESS OF RATE DURING APPEAL. (a) An order...

Chapter 38 - Data Collection and Reports

Subchapter A. General Provisions

Section 38.001. Inquiries - Sec. 38.001. INQUIRIES. (a) In this section, "authorization" means a...

Section 38.002. Underwriting Guidelines for Personal Automobile and Residential Property Insurance; Filing; Confidentiality - Sec. 38.002. UNDERWRITING GUIDELINES FOR PERSONAL AUTOMOBILE AND RESIDENTIAL PROPERTY...

Section 38.003. Underwriting Guidelines for Other Lines; Confidentiality - Sec. 38.003. UNDERWRITING GUIDELINES FOR OTHER LINES; CONFIDENTIALITY. (a) This...

Section 38.004. Balance Billing Prohibition Report - Sec. 38.004. BALANCE BILLING PROHIBITION REPORT. (a) The department shall,...

Section 38.005. Commercial Automobile Insurance Report - Sec. 38.005. COMMERCIAL AUTOMOBILE INSURANCE REPORT. (a) The department shall...

Subchapter B. Health Benefit Plan Provider Reporting

Section 38.051. Definition - Sec. 38.051. DEFINITION. In this subchapter, "health benefit plan provider"...

Section 38.052. Required Information; Rules - Sec. 38.052. REQUIRED INFORMATION; RULES. (a) A health benefit plan...

Subchapter E. Statistical Data Collection

Section 38.201. Definition - Sec. 38.201. DEFINITION. In this subchapter, "designated statistical agent" means...

Section 38.202. Statistical Agent - Sec. 38.202. STATISTICAL AGENT. The commissioner may, for a line...

Section 38.203. Qualifications of Statistical Agent - Sec. 38.203. QUALIFICATIONS OF STATISTICAL AGENT. To qualify as a...

Section 38.204. Powers and Duties of Statistical Agent - Sec. 38.204. POWERS AND DUTIES OF STATISTICAL AGENT. (a) A...

Section 38.205. Duty of Insurer - Sec. 38.205. DUTY OF INSURER. An insurer shall provide all...

Section 38.206. Fees - Sec. 38.206. FEES. (a) A designated statistical agent may collect...

Section 38.207. Rules - Sec. 38.207. RULES. The commissioner may adopt rules necessary to...

Subchapter F. Data Collecting and Reporting Relating to Mandated Health Benefits and Mandated Offers of Coverage

Section 38.251. Applicability - Sec. 38.251. APPLICABILITY. This subchapter applies to any issuer of...

Section 38.252. Collection of Information; Report - Sec. 38.252. COLLECTION OF INFORMATION; REPORT. (a) The commissioner shall...

Section 38.253. Maintenance of Information - Sec. 38.253. MAINTENANCE OF INFORMATION. Each health benefit plan issuer...

Section 38.254. Utilization and Cost Data to Commissioner - Sec. 38.254. UTILIZATION AND COST DATA TO COMMISSIONER. (a) Upon...

Subchapter G. Data Reporting by Certain Liability Insurers

Section 38.301. Insurer Data Reporting - Sec. 38.301. INSURER DATA REPORTING. (a) Each insurer that writes...

Section 38.302. Recommendations to Legislature - Sec. 38.302. RECOMMENDATIONS TO LEGISLATURE. The commissioner shall assemble information...

Subchapter H. Health Care Reimbursement Rate Information

Section 38.351. Purpose of Subchapter - Sec. 38.351. PURPOSE OF SUBCHAPTER. The purpose of this subchapter...

Section 38.352. Definition - Sec. 38.352. DEFINITION. In this subchapter, "group health benefit plan"...

Section 38.353. Applicability of Subchapter - Sec. 38.353. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies to...

Section 38.354. Rules - Sec. 38.354. RULES. The commissioner may adopt rules as provided...

Section 38.355. Data Call; Standardized Format - Sec. 38.355. DATA CALL; STANDARDIZED FORMAT. (a) Each health benefit...

Section 38.356. Confidentiality of Data - Sec. 38.356. CONFIDENTIALITY OF DATA. Except as provided by Section...

Section 38.357. Publication of Aggregate Health Care Reimbursement Rate Information - Sec. 38.357. PUBLICATION OF AGGREGATE HEALTH CARE REIMBURSEMENT RATE INFORMATION....

Section 38.358. Penalties - Sec. 38.358. PENALTIES. A health benefit plan issuer that fails...

Subchapter I. Texas All Payor Claims Database

Section 38.401. Purpose of Subchapter - Sec. 38.401. PURPOSE OF SUBCHAPTER. The purpose of this subchapter...

Section 38.402. Definitions - Sec. 38.402. DEFINITIONS. In this subchapter: (1) "Allowed amount" means...

Section 38.403. Stakeholder Advisory Group - Sec. 38.403. STAKEHOLDER ADVISORY GROUP. (a) The center shall establish...

Section 38.404. Establishment and Administration of Database - Sec. 38.404. ESTABLISHMENT AND ADMINISTRATION OF DATABASE. (a) The department...

Section 38.405. Public Access Portal - Sec. 38.405. PUBLIC ACCESS PORTAL. (a) Except as provided by...

Section 38.406. Data Privacy and Security - Sec. 38.406. DATA PRIVACY AND SECURITY. (a) Any information that...

Section 38.407. Certain Entities Not Required to Submit Data - Sec. 38.407. CERTAIN ENTITIES NOT REQUIRED TO SUBMIT DATA. Any...

Section 38.408. Report to Legislature - Sec. 38.408. REPORT TO LEGISLATURE. Not later than September 1...

Section 38.409. Rules - Sec. 38.409. RULES. (a) The commissioner, in consultation with the...

Chapter 39 - Public Access

Section 39.001. Access to Programs and Facilities - Sec. 39.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The commissioner...

Section 39.002. Public Comment - Sec. 39.002. PUBLIC COMMENT. The commissioner shall develop and implement...

Section 39.003. Public Representation on Advisory Body - Sec. 39.003. PUBLIC REPRESENTATION ON ADVISORY BODY. (a) At least...

Chapter 40 - Duties of State Office of Administrative Hearings and Commissioner in Certain Proceedings; Rate Setting Proceedings

Subchapter A. General Provisions

Section 40.001. Definition - Sec. 40.001. DEFINITION. In this chapter, "office" means the State...

Section 40.002. Duties of State Office of Administrative Hearings - Sec. 40.002. DUTIES OF STATE OFFICE OF ADMINISTRATIVE HEARINGS. The...

Section 40.003. Application of Chapter; Exceptions - Sec. 40.003. APPLICATION OF CHAPTER; EXCEPTIONS. (a) This chapter applies...

Section 40.004. Memorandum of Understanding - Sec. 40.004. MEMORANDUM OF UNDERSTANDING. (a) The commissioner and the...

Section 40.005. Conflict With Other Law - Sec. 40.005. CONFLICT WITH OTHER LAW. This chapter prevails over...

Subchapter B. Proceedings Relating to Promulgation of Rates

Section 40.051. Application of Subchapter - Sec. 40.051. APPLICATION OF SUBCHAPTER. Subject to Section 40.003, a...

Section 40.052. Application of Administrative Procedure Act - Sec. 40.052. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. A proceeding to...

Section 40.053. Presentation of Evidence - Sec. 40.053. PRESENTATION OF EVIDENCE. The administrative law judge shall...

Section 40.054. Witnesses and Cross-Examination - Sec. 40.054. WITNESSES AND CROSS-EXAMINATION. (a) The testimony of a...

Section 40.055. Testimony of Expert Witness; Prefiling Required - Sec. 40.055. TESTIMONY OF EXPERT WITNESS; PREFILING REQUIRED. The direct...

Section 40.056. Deadlines - Sec. 40.056. DEADLINES. The administrative law judge shall establish reasonable...

Section 40.057. Influence of Commissioner Prohibited - Sec. 40.057. INFLUENCE OF COMMISSIONER PROHIBITED. The commissioner may not...

Section 40.058. Proposal for Decision - Sec. 40.058. PROPOSAL FOR DECISION. The administrative law judge shall:...

Section 40.059. Consideration of Proposal for Decision - Sec. 40.059. CONSIDERATION OF PROPOSAL FOR DECISION. (a) The commissioner...

Section 40.060. Commissioner's Order - Sec. 40.060. COMMISSIONER'S ORDER. The commissioner shall serve on each...

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Texas Statutes Title 2 - Texas Department of Insurance Subtitle A - Administration of the Texas Department of Insurance

Texas Statutes
Title 2 - Texas Department of Insurance
Subtitle A - Administration of the Texas Department of Insurance