Tex. Ins. Code Section 401.008
Hardship Exemption

(a)

An insurer or health maintenance organization that is not eligible for an exemption under Section 401.006 (Exemption for Certain Small Insurers and Health Maintenance Organizations) or 401.007 (Exemption for Certain Foreign or Alien Insurers or Health Maintenance Organizations) may apply to the commissioner for a hardship exemption.

(b)

Subject to Subsection (c), the commissioner may grant an exemption under this section if the commissioner finds, after reviewing the application, that compliance with this subchapter would constitute a severe financial or organizational hardship for the insurer or health maintenance organization. The commissioner may grant the exemption at any time for one or more specified periods.

(c)

The commissioner may not grant an exemption under this section if:

(1)

the exemption would diminish the department’s ability to monitor the financial condition of the insurer or health maintenance organization; or

(2)

the insurer or health maintenance organization:

(A)

during the five-year period preceding the date the application for the exemption is made:
(i)
has been placed under supervision, conservatorship, or receivership;
(ii)
has undergone a change in control, as described by Section 823.005 (Description of Control; Determination of Control); or
(iii)
has been subject to a significant number of complaints, as determined by the commissioner;

(B)

has been identified by the department as troubled;

(C)

has been or is the subject of a disciplinary action by the department; or

(D)

is not complying with the law or with a rule adopted by the commissioner.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.

Source: Section 401.008 — Hardship Exemption, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­401.­htm#401.­008 (accessed Jun. 5, 2024).

401.001
Definitions 401.002
Purpose of Subchapter 401.003
Effect of Subchapter on Authority to Examine 401.004
Filing and Extensions for Filing of Audited Financial Report 401.005
Alternative Filing for Canadian or British Insurers or Health Maintenance Organizations 401.006
Exemption for Certain Small Insurers and Health Maintenance Organizations 401.007
Exemption for Certain Foreign or Alien Insurers or Health Maintenance Organizations 401.008
Hardship Exemption 401.009
Contents of Audited Financial Report 401.010
Requirements for Financial Statements in Audited Financial Report 401.011
Qualifications of Accountant 401.012
Hearing on Accountant Qualifications 401.013
Accountant’s Letter of Qualifications 401.014
Registration of Accountant 401.015
Resignation or Dismissal of Accountant 401.016
Audited Combined or Consolidated Financial Statements 401.017
Notice of Adverse Financial Condition or Misstatement of Financial Condition 401.018
Information Discovered After Date of Audited Financial Report 401.019
Report on Significant Deficiencies in Internal Control 401.020
Accountant Work Papers 401.021
Penalty for Failure to Comply 401.051
Duty to Examine Carriers 401.052
Frequency of Examination 401.053
Examination Period 401.054
Powers Related to Examination 401.055
Effect of Subchapter on Authority to Use Information 401.056
Rules Related to Reports and Hearings 401.057
Use of Audit and Work Papers 401.058
Confidentiality of Reports and Related Information 401.059
Determination of Value 401.060
Right to Information Relating to Determination of Value or Market Value 401.061
Disciplinary Action for Failure to Comply with Subchapter 401.062
Stay of Rule, Order, Decision, or Finding 401.101
Use of Department Examiner or Other Qualified Person or Firm 401.102
Legislative Intent as to Appointment or Employment of Examiners and Actuaries 401.103
Appointment of Examiners and Actuaries 401.104
Appointment of Examiners, Actuaries, and Other Persons for Certain Examinations 401.105
Oath of Examiners and Assistants 401.106
Right of Action on Bond 401.107
Registration of Contract Examiners 401.151
Expenses of Examination of Domestic Insurer 401.152
Expenses of Examination of Other Insurers 401.153
Reimbursement of Expenses of Certain Persons or Firms 401.154
Tax Credit Authorized 401.155
Additional Assessments 401.156
Deposit and Use of Assessment and Fee 401.201
Confidentiality of Early Warning System Information 401.251
Definitions 401.252
Self-directed Budget 401.253
Audits 401.254
Records 401.255
Membership in Employees Retirement System
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 401.008’s source at texas​.gov