Texas Administrative Code

Insurance Code Chapter 4051, Subchapter H, deals with the relations between companies and their agents. Insurance Code Chapter 4051, Subchapter H, also contains provisions relative to cancellations and renewals of policies written through agencies which are subsequently terminate…

Except for the requirements in § 5.7012 of this title (relating to Reason for Declination, Cancellation, or Nonrenewal) and the definition of "governmental unit" in § 5.7001 (a)(4) of this title (relating to Applicability), endorsement forms setting forth the provisions of this s…

In addition to all other remedies provided by law, any policy cancellation or restriction of coverage made in violation of this subchapter is deemed to be null and void and of no effect. Policies on which notice of nonrenewal is not given as required by this division must be rene…

Insurers must provide to policyholders or applicants a written statement of the reason or reasons for the declination, cancellation, or nonrenewal of any policy regulated by TDI, upon request by the policyholder or applicant. Notes 28 Tex. Admin. Code § 5.7012 The provisions of t…

(a) An insurer may cancel general liability insurance policies and commercial automobile insurance policies to which this section applies by providing the notice required by Insurance Code § 551.053 , concerning Written Notice of Cancellation Required, except as provided by § 5.7…

(a) Upon failure of the insured to discharge any obligations in the payment of premium for the policy or any installment thereof, whether payable directly to the company or its agent or indirectly under any premium finance plan or extension of credit, the company may cancel the p…

(a) None of the types of claims or accidents listed in paragraphs (1)-(4) of this subsection may be used by any insurer as the sole basis for a refusal to renew a personal auto policy: (1) claims involving damage from a weather-related incident that do not involve a collision, su…

(a) For a personal automobile policy that includes comprehensive or collision physical damage coverage for an automobile that is subject to a purchase money lien, insurers must give written notice to the lienholder, if known, at least 10 days before the insurer: (1) cancels cover…

(a) This division implements Insurance Code § 551.1053 , concerning Mandatory Nonrenewal of Private Passenger Automobile Insurance Policies. (b) Insurance Code § 551.1053 requires insurers to nonrenew a policy if the insured fails or refuses to cooperate with an insurer in an inv…

In this division, "Notice" means the notice of mandatory nonrenewal and opportunity to cooperate required by Insurance Code § 551.1053(a) , concerning Mandatory Nonrenewal of Private Passenger Automobile Insurance Policies. Notes 28 Tex. Admin. Code § 5.7102 Adopted by Texas Regi…

An insurer must use reasonable efforts to contact and encourage cooperation from an insured who fails or refuses to cooperate in an investigation, settlement, or defense of a third-party liability claim or action. Notes 28 Tex. Admin. Code § 5.7103 Adopted by Texas Register, Volu…

(a) An insurer must send the Notice to the named insured within seven days after the insurer decides that the insured failed or refused to cooperate. (b) If an insurer decides during one policy term that an insured failed or refused to cooperate during any prior policy term, the …

(a) If an insurer decides that the insured has cooperated, the insurer may not nonrenew the policy for that insured's failure or refusal to cooperate. (b) An insurer must give the insured at least 10 days to cooperate from the date the insurer sends the Notice, regardless of when…

(a) If the insurer makes the decision that the insured failed or refused to cooperate when there are less than 17 days before the end of the policy term, one way the insurer may comply with §5.7104 and §5.7105(b) of this division (relating to Notice Timing, and Prohibited Nonrene…

(a) The Notice must be written in: (1) plain language (see TDI's website for plain language guidance); and (2) at least 10-point type. (b) The Notice must inform the named insured: (1) of the identity of the insured who failed or refused to cooperate, if known; (2) how the insure…

The figures in this section provide samples of written Notices that comply with § 5.7107 of this title (relating to Notice of Mandatory Nonrenewal and Opportunity to Cooperate under Insurance Code § 551.1053 ). Insurers are not limited to using the samples in this section; they m…

(a) After the insurer provides the Notice and gives the insured at least 10 days to cooperate, then--if the insured continues to fail or refuse to cooperate--the mandatory nonrenewal is effective at the end of the: (1) policy term during which the insurer decides the insured init…

(a) An insurer may nonrenew a policy for a reason other than an insured's failure or refusal to cooperate if the insurer complies with other laws governing renewal and nonrenewal, including Insurance Code § 551.105 , concerning Nonrenewal of Policies; Notice Required, and Insuran…

These sections supplement the Insurance Code, Chapter 5, Subchapter L. The sections contain certain additional interpretations, requirements, and procedures which are appropriate to accomplish the purposes of that subchapter. Notes 28 Tex. Admin. Code § 5.8001 The provisions of t…

In reviewing a petition under the Insurance Code, Article 5.96 or Article 5.97, the State Board of Insurance may require a written description of the matters and information required by Article 5.96, §(b), or Article 5.97, §(b), apart from the text of the matter proposed. Notes 2…

(a) After entering an order with respect to any matter specified in the Insurance Code, Article 5.96, §(a), or Article 5.97, §(a), the board is required by Article 5.96, §(h), or Article 5.97, §(i), to file a notice of its action for publication in the Texas Register. Matters spe…

It is the purpose of this subchapter to aid in implementing the Amusement Ride Safety Inspection and Insurance Act (Occupations Code, Chapter 2151, concerning Regulation of Amusement Rides). The provisions of this subchapter are in addition to, and not in lieu of, the provisions …

The following words and terms, when used in this subchapter, have the following meanings. (1) Act--The Amusement Ride Safety Inspection and Insurance Act, (Occupations Code Chapter 2151, concerning Regulation of Amusement Rides). (2) Amusement ride--As defined in Occupations Code…

TDI is required by the Act to administer and enforce the Act. Owners/operators operating amusement rides must pay a fee of $40 per year for each amusement ride subject to the Act. The fees must be paid by check or money order made payable to TDI; or, if paying online, the fee mus…

(a) Operational Requirements. An owner/operator may not operate an amusement ride unless the owner/operator has satisfied and is continuing to satisfy the requirements in subsections (a) - (f) of this section. (b) Insurance. The owner/operator must file with TDI the insurance pol…

To conduct required safety inspections on amusement rides and devices in accordance with the Act, the insurer must employ inspectors, retain inspectors who are independent contractors, or contract with the insured to have the amusement ride or device inspected by an inspector. No…

An owner/operator who operates an amusement ride in this state must post a sign to inform the public how to report an amusement ride that appears to be unsafe or to report an amusement ride operator who appears to be violating the law. (1) The sign must be at least 20 inches in w…

(a) An owner/operator who operates an amusement ride (the operator) must maintain accurate records of each injury caused by the ride in any state in which the injury results in death or requires medical treatment. An injury is caused by the ride if the injury occurs on the ride o…

In addition to the requirements of Occupations Code § 2151.101(b) , concerning Requirements for Operation, the following requirements apply. (1) In the event a contract for use of an amusement ride provides that the amusement ride will not be operated until after July 1 but befor…

TDI may request from the owner/operator, sponsor, lessor, landowner, or other person responsible for an amusement ride offered for use by the public information concerning whether insurance in the amount required by Occupations Code Chapter 2151, concerning Regulation of Amusemen…

(a) After the required insurance policy and inspection certificate, including certified check or money order for the total amount of annual fee have been received by TDI and found to be in compliance with the Act and this subchapter, the original amusement ride inspection certifi…

An amusement ride covered by the Act that is sold, maintained, or operated in this state must comply with current standards established by the ASTM. Those standards are minimum standards. To the extent that the standards of the ASTM conflict with the requirements of the Act, the …

(a) The owner/operator of an amusement ride or device must have the ability to view patrons so that no one is permitted on a ride or device who appears to be in an intoxicated, drugged, or other condition of health that could be detrimental to the safety of the patron, other patr…

Any person who operates an amusement ride, amusement attraction, or amusement device, and offers such for the public, must meet the requirements of the Act. Failure to comply with or violations of the Act constitute a Class B misdemeanor. Each day of public operation constitutes …

(a) An amusement ride owner/operator commits an offense if the owner/operator fails to comply with any requirement under § 5.9004 of this title (relating to Amusement Ride Operation Requirements), § 5.9006 of this title (relating to Public Information Sign), § 5.9007 of this titl…

In accordance with the Water Code § 26.352(e-1) , this subchapter specifies the requirements and procedures for an insurer or other entity providing financial assurance for the purposes of meeting financial responsibility requirements for underground storage tank owners or operat…

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise: (1) Financial assurance--A financial instrument that as provided by rules adopted by the TCEQ may be used to comply with financial responsi…

(a) This subchapter is applicable to all insurers providing insurance or other financial assurance to owners or operators of underground storage tanks for the purposes of meeting financial responsibility requirements established under the Water Code § 26.352 . (b) All provisions …

(a) Pursuant to the Water Code § 26.352(e-1) , an insurer or other entity that provides insurance coverage or another form of financial assurance to an owner or operator of an underground storage tank for the purpose of showing or maintaining evidence of financial responsibility …

(a) As provided under the Water Code § 26.352(e-1) , the insurer or other entity providing, holding, or maintaining financial assurance for an underground storage tank must send the notice required pursuant to the Water Code § 26.352(e-1) and §5.9104(a) and (c) (relating to Conte…

(a) An insurer or other entity that rescinds a cancellation or non-renewal noticed to the TCEQ pursuant to the Water Code § 26.352(e-1) and § 5.9104 of this subchapter (relating to Content of Notice) must send written notice to the TCEQ of such rescindment in accordance with § 5.…

The Commissioner of Insurance may, after notice and an opportunity for a hearing, discipline an insurer under the Insurance Code Chapters 82, 83, 84, and 2201 for violations of the requirements of this subchapter and any other applicable law the Commissioner determines the insure…

(a) This section applies in the event that the total limit of liability for a single commercial risk or account must be shared by two or more insurers as a result of either a single insurer not having the capacity to provide the total limit of liability for the single risk or acc…

(a) An individual insurer or a group of insurers may petition the Texas Department of Insurance for a determination that a weather-related event is a catastrophe or major natural disaster in accordance with Insurance Code § 542.059 . The Texas Department of Insurance will make a …

(a) Purpose. The purpose of this division is to specify the transmittal information and general filing requirements for property and casualty form, rate, rule, underwriting guideline, and credit scoring model filings. (b) Definitions. Terms not defined in this division may be def…

(a) Copyright. Information included in filings that is marked "copyright" may be made available for public disclosure in the same manner as information that is not marked "copyright." Public disclosure methods may include posting filings on TDI's website or making them available …

Filings must not include any policyholders' personally identifiable information. Filings that include this type of information may be rejected. As used in this subchapter, personally identifiable information means information that can be used either alone or in combination to dis…