Texas Administrative Code

A specialty license shall be issued to persons not resident in the State of Texas under the same requirements applicable to Texas residents. Notes 28 Tex. Admin. Code § 19.1907 The provisions of this §19.1907 adopted to be effective February 20, 2001, 26 TexReg 1545

Each specialty license holder must notify the department within 30 days of the occurrence of the following: (1) a change of the specialty license holder's mailing address; (2) an administrative action taken against the specialty license holder by the insurance regulator of anothe…

(a) Each employee of a specialty license holder who performs any act of an insurance agent shall complete a training program which satisfies the requirements of Article 21.09 §1(d). (b) An insurance company authorized to write the specialty insurance product shall submit an outli…

(a) In addition to any other remedy available under Chapter 82 of the Insurance Code, the department may refuse to issue an original license, revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, assess an administrative pena…

(a) The surrender of any agent's license to the State Board of Insurance will not operate to negate any offense committed prior to the effective date of the surrender. (b) Transmitting to the State Board of Insurance any or all insurance agent licenses held by an insurance agent …

(a) Statutory basis. This subchapter implements Insurance Code Chapter 4201, concerning Utilization Review Agents; Insurance Code Chapter 1305, concerning Workers' Compensation Health Care Networks; and Labor Code Title 5, concerning Workers' Compensation. (b) Severability. If a …

(a) A fraudulent or deceptive act or omission in obtaining, attempting to obtain, or use of certification or registration as a URA is a violation of Insurance Code Chapter 4201. (b) The commissioner's authority under this subchapter is in addition to any other authority to enforc…

(a) Application. To be certified or registered as a specialty URA, an applicant must submit to TDI the application, information, and fee required in § 19.2004 of this title (Certification or Registration of URAs). (b) Same specialty required. A specialty URA must conduct utilizat…

(a) Life-threatening conditions. (1) Notification for life-threatening conditions. For life-threatening conditions, notification of an adverse determination by a URA must comply with: (A) Section 134.600 of this title (relating to Preauthorization, Concurrent Review, and Voluntar…

Any person wishing to take the examination for an insurance adjuster's license must submit the examination fee specified by § 19.802 of this title (relating to Amounts of Fees) with the application in advance of taking the examination. The fee shall not be refunded to any applica…

(a) Any references to the Act in this subchapter are references to Insurance Code Chapter 4101, concerning Insurance Adjusters. The following types of adjuster's licenses are approved for insurance: (1) all lines (issuance of "all lines" adjuster's license for those adjusters who…

(a) For the purpose of administration of the Act: (1) the phrase "undisputed and/or uncontested losses" as used in the Act, §1(b)(4), means "losses that do not involve negotiations between the parties on issues involving coverage, damage, or liability"; (2) the word "principally"…

(a) As used in Insurance Code Chapter 4102, concerning Public Insurance Adjusters, "advertisement" includes: (1) printed and published material, audiovisual material and descriptive literature of a public insurance adjuster used in direct mail, newspapers, magazines, radio, telep…

(a) This section states legal and ethical requirements that are of prime importance for public insurance adjusters' professional conduct. This section does not exhaust the legal or ethical requirements that govern public insurance adjusters. This section details requirements simi…

(a) Completed application. An applicant must provide all information required of the applicant by statute and TDI rule. (b) Original application. In this subchapter, an original application is an application for any license type not currently held by the applicant. (1) Individual…

(a) With each application for original license or renewal, notice of appointment, request for examination, or registration or renewal of registration, the applicant, licensee, or registrant must submit the amount shown in this section. The fees for examinations and reexaminations…

(a) An entity applicant for new license must submit a completed original application to TDI. (b) A licensed individual officer or active partner, required for an entity license, must hold the same or greater license authority as the entity, based on lines the agent and entity are…

(a) This section does not apply to: (1) a provisional permit issued under Insurance Code Chapter 4001, Subchapter H, and § 19.806 of this title; (2) a temporary license issued under Insurance Code Chapter 4001, Subchapter D, concerning Temporary License, and § 19.807 of this titl…

An applicant for a provisional permit must be an individual Texas resident and must apply for a license type listed in Insurance Code § 4001.353(a) . (1) An applicant must submit the required examination fee to TDI's designated testing service when the examination is requested, u…

(a) Confidentiality requirements. To ensure confidentiality, a URA must, when contacting a physician's, doctor's, or other health care provider's office, provide its certification number, name, and professional qualifications. (1) If requested by the physician, doctor, or other h…

It is the purpose of these sections, in the event a public hearing is set by the commissioner of insurance to consider disciplinary action in respect of an insurance agent and notice of such hearing is deposited in the United States mail, to cause such hearing to be held, evidenc…

(a) Purpose. The purpose of this subchapter is to specify: (1) procedures and requirements for certification of continuing education courses and licensee continuing education requirements as authorized under the Insurance Code; (2) procedures and requirements for certification an…

(a) Words and terms defined in Insurance Code § 4001.003 , concerning Definitions; §4004.151, concerning Agent Education Programs; or §4004.201, concerning Definition have the same meaning when used in this subchapter. (b) The following words and terms, when used in this subchapt…

(a) Continuing education hour requirement. Except as provided in subsections (c) - (e) of this section, for each license and reporting period that the individual is licensed, each licensee must complete 24 hours of continuing education, except that licensees holding only a licens…

(a) Any exemption or extension granted to a licensee under subsections (b) - (f) of this section applies to all license types held by the licensee. Nothing within this subchapter may be construed as preventing TDI from auditing a licensee to confirm the continued existence of cir…

(a) A provider applicant seeking initial registration or renewal registration from the department as a continuing education provider, adjuster prelicensing education provider, or certification course provider shall submit to the department or its designee, an application on forms…

(a) To be certified as a continuing education course, the course content must include topics that contribute substantive knowledge relating to the business of insurance and expand the competence of the licensee. Ethics and consumer protection course credit, described in paragraph…

(a) The provider shall submit the course certification application to the department or its designee and include the following information: (1) A certification by the provider that the course meets the minimum requirements as defined in this subchapter; (2) A statement identifyin…

(a) The provider may provide courses open to all licensees or restrict enrollment to licensees of its choice. Restricted enrollment courses shall not be included on lists of courses available to the public. In addition to public offerings, a provider may offer the open registrati…

(a) Continuing education courses may be qualifying courses and certified classroom, classroom equivalent, and self study courses offered by registered providers. (b) Providers shall offer adjuster prelicensing courses only as a complete course of study for the particular adjuster…

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise. (1) CMS--Centers for Medicare and Medicaid Services. (2) CMS marketing guidelines--CMS' published marketing guidelines for use by Medicare …

(a) Credit hours for courses are determined by the methods set forth in paragraphs (1) - (7) of this subsection. (1) TDI will award credit for certified classroom courses at the rate of one hour for every 50 minutes of actual instruction contact time. All classroom courses must b…

(a) Providers must use, at a minimum, actual attendance rosters to certify completion of a certified classroom or one-time-event continuing education course or a certified classroom certification course. TDI requires each student to attend at least 90% of the course. Providers mu…

(a) Information on provider registration, course registration, sample certificates of completion, and the list of courses can be obtained from the department's website. (b) The department establishes the following nonrefundable fees, which are necessary to administer the continui…

(a) Licensees and adjuster applicants must provide evidence of completion of courses to TDI or its designee upon request. Each licensee must maintain evidence of each course completed for a period of at least four years from the date of completion of the course for the purpose of…

(a) Providers shall maintain all continuing education records, adjuster prelicensing education records, certification course records, attendance records, and course materials, including final examinations for at least four years, and the department or its designee may review thes…

(a) The department or its designee may at any time investigate or audit a licensee's continuing education records and/or compliance with this subchapter. The commissioner may, after notice and opportunity for hearing, discipline a licensee under the Insurance Code, Chapter 82, Ch…

(a) Pursuant to Insurance Code § 4005.109 , TDI establishes the following procedure for automatic fines: (1) All automatic fines must be paid as directed in the notice of fine within 30 calendar days after the date of issuance of the automatic fine under this section unless the f…

(a) Certified adjuster prelicensing education courses shall provide students with instruction sufficient to take and pass the course's final examination for the adjuster's license designation as specified in this section. The course must meet the minimum 40-hour prelicensing educ…

(a) All lines adjuster's license designation examination topics: (1) General property insurance product knowledge pertinent to adjusters: (A) Standard fire policy - 3%; (B) Auto liability (includes Texas PAP) - 3%; (C) Personal lines coverage (includes ISO and TX forms HO-A, HO-B…

(a) Persons holding a current permanent general life, accident, and health insurance license under the Insurance Code § 4054.051 are authorized to act as marketing representatives to market Medicare plans pursuant to federal law, regulations and CMS marketing guidelines. (b) In a…

(a) For the purposes of this section the following definitions apply: (1) Educational material--Printed or electronic materials with content intended to enhance the recipient's knowledge of insurance-related topics. (2) Educational presentation--A live presentation allowing for q…

(a) Pursuant to §207 of the Flood Insurance Reform Act of 2004, the Federal Emergency Management Agency on September 1, 2005 published minimum training and education standards for persons that intend to write or currently write flood insurance (Federal Register, Vol.70, No. 169, …

(a) Except as provided in subsection (b) of this section, an individual may not perform any action constituting the act of an agent under the Insurance Code § 4001.051 with regard to a long-term care partnership insurance policy unless the individual: (1) holds a current Life, Ac…

The State Board of Insurance adopts and incorporates herein by reference forms for use in administrative licensing and regulation of managing general agents. These forms are published by the State Board of Insurance and may be obtained from the Agents' Licensing Division, Mail Co…

(a) This subsection imposes the requirements set out in paragraph (1) and paragraph (2) of this subsection upon contracts between a managing general agent (MGA) and insurers in effect prior to the effective date of this subchapter. (1) Oral contract. Every oral contract between a…

(a) Separate and identifiable escrow accounts are allowed if such accounts meet all requirements of the Insurance Code, Article 21.07-3, and this subchapter. (b) The managing general agent shall maintain all escrow accounts in a bank that is a member of the Federal Reserve System…