Tex. Ins. Code Section 4001.002
Applicability


(a)

Except as otherwise provided by this code, this title applies to each person licensed under:

(1)

Subchapter H (Agents), Chapter 885 (Fraternal Benefit Societies);

(2)

Subchapter F (Licensing and Appointment of Certain Agents), Chapter 911 (Farm Mutual Insurance Companies);

(3)

Section 912.251 (Licensing and Appointment of Agents);

(4)

Subchapter E (Definition), Chapter 981 (Surplus Lines Insurance);

(5)

Subchapter D (Agent’s License Required), Chapter 1152 (Separate Accounts, Variable Contracts, and Related Products);

(6)

Subchapter C or D of this chapter;

(7)

Subtitle B, C, or D of this title; or

(8)

Subsection (c), Article 5.13-1.

(a-1)

Except as otherwise provided by this code, this title applies to each individual who holds a specialty certification under Subchapter H (Certification Program), Chapter 4054 (Life, Accident, and Health Agents).

(b)

This title does not apply to:

(1)

a resident of this state who arbitrates in the adjustment of losses between an insurer and an insured, a marine adjuster who adjusts particular or general average losses of vessels or cargoes if the adjuster paid an occupation tax of $200 for the year in which the adjustment is made, or a practicing attorney at law in this state, acting in the regular transaction of the person’s business as an attorney at law, who is not a local agent and is not acting as an adjuster for an insurer;

(2)

an attorney in fact or the traveling salaried representative of a reciprocal or interinsurance exchange admitted to engage in the business of insurance in this state as to business transacted through the attorney in fact or salaried representative;

(3)

the attorney in fact for a Lloyd’s plan;

(4)

the group motor vehicle insurance business or the group motor vehicle department of a company engaged in that business; or

(5)

a salaried employee who is not involved in soliciting or negotiating insurance in the office of an agent and who devotes the employee’s full time to clerical and administrative services, including the incidental taking of information from customers and receipt of premiums in the office of an agent, if:

(A)

the employee does not receive any commissions; and

(B)

the employee’s compensation is not varied by the volume of premiums taken and received.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2J.001, eff. April 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1338 (S.B. 79), Sec. 2, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 643 (S.B. 1623), Sec. 16, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 7, eff. September 1, 2021.

Source: Section 4001.002 — Applicability, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­4001.­htm#4001.­002 (accessed Apr. 29, 2024).

4001.001
Purpose
4001.002
Applicability
4001.003
Definitions
4001.004
Limited Liability Companies
4001.005
Rules
4001.006
Fees
4001.007
Investigation of Alleged Violations
4001.008
Commissioner Agent for Service of Process
4001.051
Acts Constituting Acting as Agent
4001.052
Solicitor of Application for Insurance Considered Agent of Insurer
4001.053
Personal Liability for Acting as Agent
4001.054
Liability of Agent and Insurer for Taxes
4001.101
License or Certificate of Authority Required
4001.102
License Application
4001.103
Failure to Provide Complete Set of Fingerprints: Ground for Denial of Application
4001.104
Issuance of License: Intent to Actively Engage in Business of Insurance for General Public
4001.105
Issuance of License to Individual
4001.106
Issuance of License to Corporation or Partnership
4001.107
Issuance of License to Depository Institution
4001.108
Issuance of License to Entity Chartered by Federal Farm Credit Administration
4001.151
Authority to Issue Temporary License
4001.152
Examination Not Required
4001.153
Application for and Issuance of Temporary License
4001.154
Authority to Act as Agent Pending Receipt of Temporary License
4001.155
Term of Temporary License
4001.156
Restriction on Issuance or Renewal of Temporary License
4001.157
Obtaining Certain Commissions Prohibited
4001.158
Replacement of Existing Life Insurance or Annuity Contract Prohibited
4001.159
Suspension or Revocation of Temporary Appointment Powers of Agent, Insurer, or Health Maintenance Organization
4001.160
Training of Applicant for Temporary License
4001.161
Duty to Ensure that Applicants Take Licensing Examination
4001.162
Restriction on Appointment of Temporary License Holders
4001.201
Appointment Required
4001.202
Appointment by Multiple Insurers
4001.203
Term of Appointment
4001.204
Authority to Act as Agent Before Notice of Appointment
4001.206
Termination of Appointment of Agent for Cause
4001.251
Incorporation of Sole Proprietorship
4001.252
Notification to Department of Certain Information
4001.253
Restriction on Acquisition of Ownership Interest in Entity Licensed as Agent
4001.254
Maintenance of Qualifications
4001.255
Maintenance of Records
4001.301
Profits After Death of Agent Who Is Member of Agency Partnership
4001.302
Profits After Death of Agent Who Is Sole Proprietor
4001.303
Profits After Death of Shareholder of Corporate Agency
4001.304
Transfer of Interest in Agency by Agent Who Is Sole Proprietor
4001.305
Transfer of Interest in Agency by Shareholder of Corporate Agency
4001.351
Applicability
4001.352
Authority to Issue Provisional Permit
4001.353
Application for and Issuance of Provisional Permit
4001.354
Authority to Act as Agent Under Provisional Permit
4001.355
Term of Provisional Permit
4001.356
Notification Regarding License
4001.357
Denial or Revocation of License
4001.358
Compliance with Other Law
4001.359
Supervisory Responsibility

Accessed:
Apr. 29, 2024

§ 4001.002’s source at texas​.gov