Tex. Ins. Code Section 36.005
Interim Rules to Comply with Federal Requirements

(a)

The commissioner may adopt rules to implement state responsibility in compliance with a federal law or regulation or action of a federal court relating to a person or activity under the jurisdiction of the department if:

(1)

federal law or regulation, or an action of a federal court, requires:

(A)

a state to adopt the rules; or

(B)

action by a state to ensure protection of the citizens of the state;

(2)

the rules will avoid federal preemption of state insurance regulation; or

(3)

the rules will prevent the loss of federal funds to this state.

(b)

The commissioner may adopt a rule under this section only if the federal action requiring the adoption of a rule occurs or takes effect between sessions of the legislature or at such time during a session of the legislature that sufficient time does not remain to permit the preparation of a recommendation for legislative action or permit the legislature to act. A rule adopted under this section shall remain in effect only until 30 days following the end of the next session of the legislature unless a law is enacted that authorizes the subject matter of the rule. If a law is enacted that authorizes the subject matter of the rule, the rule will continue in effect.
Added by Acts 2003, 78th Leg., ch. 206, Sec. 15.03, eff. June 11, 2003.

Source: Section 36.005 — Interim Rules to Comply with Federal Requirements, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­36.­htm#36.­005 (accessed May 11, 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
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Accessed:
May 11, 2024

§ 36.005’s source at texas​.gov