Texas Administrative Code

Under Insurance Code § 964.054(c) , the basis of accounting for captive insurance company financial statements is current and future generally accepted accounting principles issued by the Financial Accounting Standards Board for use in the United States. Notes 28 Tex. Admin. Code…

(a) As required in Insurance Code § 964.060(b)(2) and subject to the filing requirements of Insurance Code Chapter 401, Subchapter A, the captive insurance company must file with the department by June 1 of each year, a report of the captive insurance company's financial conditio…

(a) A captive insurance company may submit a written request to the commissioner for permission to use a fiscal year end other than a calendar year end. The commissioner may grant the request in writing at the commissioner's sole discretion. A captive insurance company may not us…

(a) Capital and surplus requirements will be determined by the commissioner under Insurance Code § 964.056 . In addition to the factors listed in Insurance Code § 964.056 , the commissioner may consider any factor the commissioner deems relevant in making this determination, incl…

(a) A captive insurance company must provide financial projections covering the next four years of operations: (1) with its application under § 6.202 of this title (relating to Captive Insurance Company Certificate of Authority Application Contents and Process); (2) as required u…

(a) Except as provided in subsection (d) of this section, the captive insurance company must submit a written request to the commissioner for prior approval of a loan agreement with an affiliate. (b) Terms of the loan agreement under subsection (a) of this section must: (1) be fa…

(a) A letter of credit must comply with this subsection to be reported as an asset of the captive insurance company. (1) The letter of credit cannot be supported or collateralized by a guaranty of an affiliate. (2) The beneficiary of the letter of credit must be the commissioner …

(a) A captive insurance company must notify the Commissioner of a policyholder dividend or distribution within 30 days of issuing the dividend. (b) Dividends and distributions to holders of equity interests that are not policyholder dividends or distributions under subsection (a)…

A captive insurance company must comply with Insurance Code Chapter 823 and regulations implementing that chapter if the captive insurance company is affiliated with another insurance company that is part of a holding company and subject to Insurance Code Chapter 823. The regulat…

(a) A qualified jurisdiction under Insurance Code § 964.052(f)(1) is determined to be acceptable under § 7.624 of this title. (b) A nationally recognized statistical rating organization under Insurance Code § 964.052(f)(3) is determined to be acceptable under § 7.622 (a)(4)(C) or…

(a) A captive insurance company may not write, issue, or provide any form of workers' compensation insurance coverage to policyholders. (b) A captive insurance company that issues a reimbursement policy for claims paid under a workers' compensation insurance policy written and is…

(a) A foreign or alien captive insurance company redomesticating from another jurisdiction may request that the commissioner postpone or waive the imposition of any tax or fee under the Insurance Code for a period not to exceed two tax reporting years from the date of redomestica…

Disciplinary action may be taken against a captive insurance company, captive insurance manager, or other person if, after notice and opportunity for hearing, it is determined that the captive insurance company, captive insurance manager, or other person has violated the Insuranc…

The following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Government Code, Chapter 571 (concerning Texas Ethics Commission). (2) Administrative Procedure Act--The Government Code, Chapter…

(a) The commission's chair and vice chair shall be elected annually by majority vote of the commission. The election shall take place at the first commission meeting held after June 1 of each year. Each officer shall serve until his or her successor is selected. (b) The chair and…

(a) The executive director is the chief administrative officer of the agency. The executive director shall attend commission meetings at the pleasure of the commission and serve as liaison between the commission and the public. (b) The commission delegates to the executive direct…

(a) The commission by resolution may establish one or more committees to obtain the viewpoints and advice of interested persons with respect to any contemplated rulemaking. The membership or method of appointment of members to a committee established under this section shall be s…

(a) This title is adopted for the following purposes: (1) to establish and explain the practice and procedures followed by the commission and its employees performing its duties under the law; and (2) to provide specific guidance necessary to encourage and ensure full compliance …

The executive director shall give notice to each commissioner of the date and time of each meeting. Notice under this section shall be provided a reasonable amount of time in advance of the meeting. Notes 1 Tex. Admin. Code § 6.35 The provisions of this §6.35 adopted to be effect…

(a) Except as provided by subsection (b) of this section, each meeting of the commission shall be conducted in accordance with the Open Meetings Law. (b) A commission meeting limited to consideration and action on matters relating to sworn complaints is not subject to the Open Me…

(a) The agenda shall consist of agenda items proposed by the executive director prior to the meetings for which the agenda is specified. At a reasonable time before filing a copy of the agenda as required by the Open Meetings Law, the executive director shall provide a copy of th…

(a) A public hearing on an agenda item shall be conducted when required by law or requested by a commissioner. (b) The executive director shall prepare and maintain a plan for providing special assistance (including without limitation translation of the English language) to perso…

(a) The executive director shall prescribe a speaker registration form. Each person who wishes to speak at a commission meeting shall provide the following information: (1) the speaker's name; (2) the person or entity the speaker represents, if any; (3) the agenda item the speake…

(a) The presiding officer shall preside at all meetings of the commission. The presiding officer shall direct the order of the meeting in accordance with its agenda, recognize persons to be heard, set reasonable and necessary time limits for speakers, maintain and enforce appropr…

(a) All meetings of the commission shall be recorded. The recording shall be the official record of actions taken at the meeting. (b) The presiding officer shall announce the names of each commissioner who makes or seconds a motion to be voted upon by the commission. After the vo…

(a) Written comments on a proposed rule received at the agency office shall be reviewed by the executive director and made available to each member of the commission before final action to adopt the rule. (b) Oral or written comments on a proposed rule may also be offered at the …

The commission will hold a public hearing on each proposed rule before it takes final action to adopt the rule. Unless otherwise scheduled, the public hearing will be held immediately before the commission votes on the proposed rule. Notes 1 Tex. Admin. Code § 6.63 The provisions…

(a) Any fee or charge payable to the agency shall be paid in advance, unless satisfactory arrangements for subsequent payment are approved by the executive director. (b) Money paid by actual mistake or in excess, such as a payment not required by law, may be refunded. A mere chan…

The charge for providing copies of documents shall be in accordance with rules established by the General Services Commission or other applicable law. Notes 1 Tex. Admin. Code § 6.83 The provisions of this §6.83 adopted to be effective December 31, 1993, 18 TexReg 9708.

The executive director may waive or reduce a charge established by this subchapter when, in his or her discretion, a waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the general public. Notes 1 Tex. Admin. Code § 6.87 …

(a) This section states how to compute a period of time prescribed or allowed by this Part, by any order of the agency, or by any applicable statute. The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the…

If any geographic area of the state ceases to be served by an Eligible Entity, the requirements of 42 U.S.C. § 9909 will be followed. Notes 10 Tex. Admin. Code § 6.208 Adopted by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9284 , eff. 12/4/2016 ; Adopted by Te…

(a) Eligible Entities that are Private Nonprofit Organizations shall administer the CSBG program through a tripartite board that fully participates in the development, planning, implementation, and evaluation of the program to serve low-income communities. Records must be retaine…

(a) Compensation. Board members, including advisory board members, are not entitled to compensation for their service on the board. Reimbursement of reasonable and necessary expenses incurred by a board member in carrying out his/her duties is allowed. (b) Conflict of Interest. B…

(a) Board Service Limitations for Private Nonprofit Entities and Public Organizations. The Eligible Entity may establish term limits and/or procedures for the removal of board members. (b) Vacancies/Removal of Board Members. (1) Vacancies. Except as allowed under § 6.211 (d) of t…

(a) Tripartite boards have a fiduciary responsibility for the overall operation of the Eligible Entity. Members are expected to carry out their duties as any reasonably prudent person would do. (b) At a minimum, board members are expected to: (1) Maintain regular attendance of bo…

(a) A Board of an Eligible Entity must meet and have a quorum at least once per calendar quarter, and at a minimum five times per year and, must give each Board member a notice of meeting five calendar days in advance of the meeting. (b) Tex. Gov't Code, Chapter 551, Texas Open M…

(a) Subject to prior Board approval, the Department and a Subrecipient shall enter into and execute a Contract for the disbursement of program funds. The Department, acting by and through its Executive Director or his/her designee, may authorize, execute, and deliver authorized m…

(a) The Comprehensive Energy Assistance Program (CEAP) is funded through the Low Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35 , as amended). LIHEAP has been in existence since 1982. LIHEAP is a federally …

The purpose of CEAP is to assist low-income Households, particularly those with the lowest incomes, and High Energy Consumption Households to meet their immediate home energy needs. The LIHEAP Statute requires priority be given to those with the highest home energy needs, meaning…

(a) The Department distributes funds to Subrecipients by an allocation formula. (b) The formula allocates funds based on the number of low income Households in a Service Area and takes into account the special needs of individual Service Areas. The need for energy assistance in a…

(a) A written "Notification of Possible Deobligation" will be sent to the Executive Director and the Board of Directors or other governing body of the Subrecipient by the Department in a timely manner when the Department identifies that a criterion listed in subsection (b) or (c)…

(a) The Department administers the program through the existing Subrecipients that have demonstrated that they are operating the program in accordance with their Contract, the Economic Opportunity Act of 1964, the Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.…

Prior to any Expenditure of funds, Subrecipient is required to submit on an annual basis a Service Delivery Plan (SDP), which includes information on how they plan to implement CEAP in their Service Area. The SDP must: establish a Subrecipient's priority rating sheet and priority…

(a) The customer income eligibility level is at or below 150% of the federal poverty level in effect at the time the customer makes an application for services. (b) Categorical Eligibility for CEAP benefits exists when at least one person in the Household receives assistance from…

(a) Funds available for Subrecipient administrative activities will be calculated by the Department as a percentage of direct services Expenditures. Administrative costs shall not exceed the maximum percentage of total direct services Expenditures, as indicated in the Contract. A…

(a) Allowable CEAP Expenditures include customer education, utility payment assistance, repair of existing heating and cooling units, replacement of irreparable existing heating and cooling unit components, purchase of heating and cooling units when none exist, and crisis-related…