Texas Insurance Code
Sec. § 101.053
Application of Subchapter


(a)

Sections 101.051 (Conduct That Constitutes the Business of Insurance) and 101.052 (Advertising Relating to Medicare Supplement Benefit Plans) apply to an act whether performed by mail or otherwise. Venue for an act performed by mail is at the place where the matter transmitted by mail is delivered and takes effect.

(b)

Sections 101.051 (Conduct That Constitutes the Business of Insurance) and 101.052 (Advertising Relating to Medicare Supplement Benefit Plans) do not apply to:

(1)

the lawful transaction of surplus lines insurance under Chapter 981 (Surplus Lines Insurance);

(2)

the lawful transaction of reinsurance by insurers;

(3)

a transaction in this state that:

(A)

involves a policy that:

(i)

is lawfully solicited, written, and delivered outside this state; and

(ii)

covers, at the time the policy is issued, only subjects of insurance that are not resident, located, or expressly to be performed in this state; and

(B)

takes place after the policy is issued;

(4)

a transaction:

(A)

that involves an insurance contract independently procured by the insured from an insurance company not authorized to do insurance business in this state through negotiations occurring entirely outside this state;

(B)

that is reported; and

(C)

on which premium tax, if applicable, is paid in accordance with Chapter 226 (Unauthorized and Independently Procured Insurance Premium Tax);

(5)

a transaction in this state that:

(A)

involves group life, health, or accident insurance, other than credit insurance, and group annuities in which the master policy for the group was lawfully issued and delivered in a state in which the insurer or person was authorized to do insurance business; and

(B)

is authorized by a statute of this state;

(6)

an activity in this state by or on the sole behalf of a nonadmitted captive insurance company that insures solely:

(A)

directors’ and officers’ liability insurance for the directors and officers of the company’s parent and affiliated companies;

(B)

the risks of the company’s parent and affiliated companies; or

(C)

both the individuals and entities described by Paragraphs (A) and (B);

(7)

the issuance of a qualified charitable gift annuity under Chapter 102 (Charitable Gift Annuities); or

(8)

a lawful transaction by a servicing company of the Texas workers’ compensation employers’ rejected risk fund under Section 4.08, Article 5.76-2, as that article existed before its repeal.

(c)

Subsection (b)(6) does not exempt an insured or insurer from the payment of an applicable tax on premium or from another applicable provision of this code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 411, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1419, Sec. 24,, eff. June 1, 2003; Acts 2001, 77th Leg., ch. 1420, Sec. 11.008, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 209, Sec. 9, eff. Oct. 1, 2003; Acts 2003, 78th Leg., ch. 1274, Sec. 13, eff. April 1, 2005.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 18.01, eff. September 28, 2011.
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Last accessed
Jul. 10, 2020