Tex.
Ins. Code Section 846.003
Limited Exemption from Insurance Laws; Applicability of Certain Laws
(a)
A multiple employer welfare arrangement is exempt from the operation of all insurance laws of this state, except laws that are made applicable by their specific terms or as specified in this section or chapter.(b)
A multiple employer welfare arrangement is subject to the following laws:(1)
Subchapters C (Definition) and D, Chapter 36 (Department Rules and Procedures);(2)
Section 38.001 (Inquiries);(3)
Section 81.002 (Notice of Certain Orders and Decisions);(4)
Chapter 82 (Sanctions);(5)
Chapter 83 (Emergency Cease and Desist Orders);(6)
Chapter 86 (Revocation or Modification of Certificate of Authority; Authority to Bring Certain Actions);(7)
Section 201.003 (Refunds);(8)
Sections 401.051 (Duty to Examine Carriers), 401.052 (Frequency of Examination), 401.054-401.062, 401.151 (Expenses of Examination of Domestic Insurer), 401.152 (Expenses of Examination of Other Insurers), 401.155 (Additional Assessments), and 401.156 (Deposit and Use of Assessment and Fee);(9)
Chapter 441 (Supervision and Conservatorship);(10)
Chapter 443 (Insurer Receivership Act);(11)
Chapter 461 (General Provisions);(12)
Section 521.005 (Notice to Accompany Policy);(13)
Chapter 541 (Unfair Methods of Competition and Unfair or Deceptive Acts or Practices);(14)
Chapter 701 (Insurance Fraud Investigations);(15)
Chapter 801 (Certificate of Authority);(16)
Chapter 803 (Location of Books, Records, Accounts, and Offices Outside of This State);(17)
Chapter 804 (Service of Process);(18)
Subchapter A (Definitions), Chapter 805 (Directors, Officers, and Other Interested Persons); and(19)
Sections 841.259 (Activities of Directors and Officers), 841.701-841.702, and 841.704-841.705.(c)
A multiple employer welfare arrangement is only considered an insurer for purposes of the laws described by this section.
Source:
Section 846.003 — Limited Exemption from Insurance Laws; Applicability of Certain Laws, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.846.htm#846.003 (accessed May 4, 2024).
