Tex. Ins. Code Section 36.004
Compliance with National Association of Insurance Commissioners Requirements; Rules

(a)

Except as provided by Subsection (c) and Section 36.005 (Interim Rules to Comply with Federal Requirements), the department may not require an insurer to comply with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners, including a rule, regulation, directive, or standard relating to policy reserves, unless application of the rule, regulation, directive, or standard is expressly authorized by statute.

(b)

For purposes of Subsection (a), a version of a rule, regulation, directive, or standard is expressly authorized by statute if:

(1)

the statute explicitly authorizes the commissioner to adopt rules consistent with the rule, regulation, directive, or standard; or

(2)

that version is the latest version of the rule, regulation, directive, or standard on the date that the statute was enacted.

(c)

The commissioner may adopt a rule to require compliance with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners if:

(1)

the commissioner finds the rule is technical or nonsubstantive in nature or necessary to preserve the department’s accreditation; and

(2)

before the adoption of the rule, the commissioner provides the standing committees of the senate and house of representatives with primary jurisdiction over the department with written notice of the commissioner’s intent to adopt the rule.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 206, Sec. 15.02, eff. June 11, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 752 (S.B. 1450), Sec. 1, eff. September 1, 2017.

Source: Section 36.004 — Compliance with National Association of Insurance Commissioners Requirements; Rules, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­36.­htm#36.­004 (accessed Apr. 29, 2024).

36.001
General Rulemaking Authority 36.002
Additional Rulemaking Authority 36.003
Rules Restricting Advertising or Competitive Bidding 36.004
Compliance with National Association of Insurance Commissioners Requirements 36.005
Interim Rules to Comply with Federal Requirements 36.007
Rules Relating to Agreements Limiting State Authority to Regulate Insurance Prohibited 36.101
Applicability of Certain Laws 36.102
Summary Procedures for Routine Matters 36.103
Review of Action on Routine Matter 36.104
Informal Disposition of Certain Contested Cases 36.105
Newspaper Publication 36.106
Waiver of Certain Notice Requirements 36.107
Acceptance of Actuarial Opinion 36.108
Filing Date of Report, Financial Statement, or Payment Delivered by Postal Service 36.109
Renewal Extension for Certain Persons Performing Military Service 36.110
Negotiated Rulemaking and Alternative Dispute Resolution Policy 36.151
Definition 36.152
Subpoena Authority 36.153
Service of Subpoena 36.154
Enforcement of Subpoena 36.155
Compensation for Attendance 36.156
Out-of-state Materials 36.157
Use as Evidence in Certain Cases 36.158
Access to Information 36.159
Privileged and Confidential Records and Information 36.160
Cooperation with Law Enforcement 36.161
Certain Subpoenas Issued to Financial Institutions 36.162
Effect on Contested Case 36.201
Action Subject to Judicial Review 36.202
Petition for Judicial Review 36.203
Judicial Review 36.204
Action Not Vacated 36.205
Appeal 36.251
Definition 36.252
Investigation Files Confidential 36.253
Disclosure of Certain Information Not Required
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 36.004’s source at texas​.gov