Tex. Ins. Code Section 101.103
Powers of Commissioner; Remedies for Certain Conduct


(a)

If the commissioner has reason to believe a person, including an insurer, has violated or is threatening to violate this chapter or Chapter 226 (Unauthorized and Independently Procured Insurance Premium Tax) or a rule adopted under this chapter or Chapter 226 (Unauthorized and Independently Procured Insurance Premium Tax), or that a person, including an insurer, violating this chapter or Chapter 226 (Unauthorized and Independently Procured Insurance Premium Tax) has engaged in or is threatening to engage in an unfair act, the commissioner may:

(1)

issue a cease and desist order;

(2)

impose an administrative penalty under Chapter 84 (Administrative Penalties);

(3)

direct the person to make restitution;

(4)

request the attorney general to recover a civil penalty, seek restitution, or seek injunctive relief, or any combination of those remedies, under this chapter or another law of this state; or

(5)

take any combination of those actions.

(b)

This section does not limit the department to the remedies specified in this section. The department and this state may choose at any time, without regard to prior proceedings under this section, any available remedy or action to immediately stop or enjoin a person from engaging in the business of insurance without statutory authorization.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1274, Sec. 14, eff. April 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 8, eff. September 1, 2021.

Source: Section 101.103 — Powers of Commissioner; Remedies for Certain Conduct, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­101.­htm#101.­103 (accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

§ 101.103’s source at texas​.gov