Tex. Ins. Code Section 404.004
Construction with Law Relating to Capital and Surplus

The commissioner’s authority under Section 404.003 (Order to Remedy Condition) to require an increase in an insurer’s capital and surplus by contribution, and any capital and surplus requirements imposed by the commissioner under that section, prevail over:

(1)

the capital and surplus requirements of:

(A)

Sections 822.054 (Capital Stock and Surplus Requirements), 822.201-822.203, 822.205 (Unencumbered Surplus or Guaranty Fund Requirements for Certain Insurance Companies), 822.210-822.212, 841.054 (Capital Stock and Surplus Requirements), 841.201 (Form of Required Capital and Surplus), 841.204 (Exemption from Required Increase of Capital and Surplus), 841.205 (Commissioner May Require Larger Capital and Surplus Amounts), 841.207 (Actions of Commissioner When Capital and Surplus Requirements Not Satisfied), 884.206 (Commissioner May Require Larger Capital and Surplus Amounts), 884.308 (Limits on Amount of Accident and Health Insurance Policies), and 884.309 (Adjustment of Premiums); and

(B)

Subchapter G, Chapter 841 (Life, Health, or Accident Insurance Companies);

(2)

any other provision of this code or other law establishing capital and surplus requirements for insurers; and

(3)

any rule adopted under a law described by Subdivision (1) or (2).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.

Source: Section 404.004 — Construction with Law Relating to Capital and Surplus, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­404.­htm#404.­004 (accessed May 26, 2025).

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Verified:
May 26, 2025

§ 404.004. Construction with Law Relating to Capital & Surplus's source at texas​.gov