Title IN, Insurance Code

Sec. 544.603. EXCEPTIONS. A person does not violate Section 544.602 if the refusal, limitation, or charge is: (1) based on sound underwriting or actuarial principles reasonably related to actual or anticipated loss experience; or (2) required or authorized by law or a regulatory …

Sec. 544.604. ENFORCEMENT ACTIONS. (a) A health maintenance organization or legal entity engaged in the business of insurance that is found to be in violation of or to have failed to comply with this subchapter is subject to the sanctions provided by Chapter 82 or administrative …

Sec. 544.651. DEFINITION. In this subchapter, "living organ donor" means a living individual who donates an organ to another individual. Added by Acts 2021, 87th Leg., R.S., Ch. 71 (H.B. 317), Sec. 2, eff. September 1, 2021. Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.…

Sec. 544.652. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a life insurance policy or contract, disability insurance policy, or long-term care insurance policy. Added by Acts 2021, 87th Leg., R.S., Ch. 71 (H.B. 317), Sec. 2, eff. September 1, 2021. Redesignated by…

Sec. 544.653. PROHIBITIONS. (a) An insurer may not, based solely on the status of an individual as a living organ donor: (1) deny coverage to the individual; (2) refuse to renew the individual's coverage; (3) cancel the individual's coverage; (4) limit the amount, extent, or kind…

Sec. 545.001. DEFINITIONS. In this chapter: (1) "AIDS" has the meaning assigned by Section 81.101, Health and Safety Code. (2) "Applicant" means an individual who applies to an issuer for coverage. (3) "HIV" has the meaning assigned by Section 81.101, Health and Safety Code. (4) …

Sec. 545.002. EXCLUSIVE APPLICABILITY. This chapter and rules adopted under this chapter exclusively govern the practices of an issuer in testing applicants to determine or help determine if an applicant has: (1) AIDS or HIV infection; (2) antibodies to HIV; or (3) an infection w…

Sec. 545.003. RULES. The commissioner may adopt: (1) reasonable rules and forms necessary to implement this chapter; and (2) rules to be followed for an HIV-related test requested or required by an issuer. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005. SUBCH…

Sec. 545.051. HIV-RELATED TESTING AUTHORIZED. An issuer may request or require an applicant to take an HIV-related test in connection with the application. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Sec. 545.052. NONDISCRIMINATORY BASIS REQUIRED. (a) An issuer that requests or requires applicants to take an HIV-related test must request or require the test on a nondiscriminatory basis. (b) An issuer may require an applicant to take an HIV-related test only if: (1) the test i…

Sec. 545.053. EXPLANATION AND AUTHORIZATION REQUIRED. (a) An issuer that requests or requires an applicant to take an HIV-related test in connection with an application must: (1) provide an explanation to the applicant, or another person legally authorized to consent to the test,…

Sec. 545.054. INQUIRIES REGARDING PREVIOUS TESTS. (a) An issuer may inquire whether an applicant has: (1) tested positive on an HIV-related test; or (2) been diagnosed with HIV or AIDS. (b) An issuer may not inquire whether an applicant has been tested for or has received a negat…

Sec. 545.055. NOTICE OF POSITIVE TEST RESULT; FEE. (a) An applicant must be given written notice of a positive HIV-related test result by: (1) a physician designated by the applicant; or (2) the Texas Department of Health, if the applicant has not designated a physician. (b) The …

Sec. 545.056. ADVERSE UNDERWRITING DECISION; TEST PROTOCOL RULES. An issuer may not make an adverse underwriting decision based on a positive HIV-related test unless a test protocol established by commissioner rule is followed. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff…

Sec. 545.057. CONFIDENTIALITY OF TEST RESULT REQUIRED. (a) An HIV-related test result is confidential. (b) An issuer may not release or disclose the test result or otherwise allow the test result to become known except as: (1) required by law; or (2) requested or authorized in wr…

Sec. 545.701. SANCTIONS. The commissioner may impose sanctions under Chapter 82 on an issuer that violates this chapter. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Sec. 545.702. CIVIL ACTION; PENALTY. (a) A person who is injured by a violation of Section 545.057 may bring a civil action for damages. (b) A person may bring an action to restrain a violation or threatened violation of Section 545.057. (c) If it is found in a civil action that …

Sec. 545.703. CRIMINAL PENALTY. (a) A person or entity commits an offense if the person or entity, with criminal negligence, violates Section 545.057 by: (1) releasing or disclosing a test result or other information; or (2) allowing a test result or other information to become k…

Sec. 546.001. DEFINITIONS. In this chapter: (1) "DNA" means deoxyribonucleic acid. (2) "Genetic characteristic" means a scientifically or medically identifiable genetic or chromosomal variation, composition, or alteration that predisposes an individual to a disease, disorder, or …

Sec. 546.002. APPLICABILITY OF CHAPTER. This chapter applies only to a health benefit plan that: (1) provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including: (A) an individual, group, blanket, or franchise in…

Sec. 546.003. EXCEPTIONS. This chapter does not apply to: (1) a plan that provides coverage: (A) only for a specified disease; (B) only for accidental death or dismemberment; (C) for wages or payments in lieu of wages for a period during which an employee is absent from work beca…

Sec. 546.051. CERTAIN TESTING PERMITTED; INDUCEMENT PROHIBITED. (a) A health benefit plan issuer that requests an applicant for coverage under the plan to submit to a genetic test in connection with the application for coverage for a purpose not prohibited under Section 546.052 m…

Sec. 546.052. IMPROPER USE OF TEST RESULTS; REFUSAL TO SUBMIT TO TESTING. A health benefit plan issuer may not use genetic information or the refusal of an applicant to submit to a genetic test to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwi…

Sec. 546.053. TESTING RELATED TO PREGNANCY. (a) In this section, "coerce" means to restrain or dominate a woman's free will by actual or implied: (1) force; or (2) threat of rejecting, denying, limiting, canceling, refusing to renew, or otherwise adversely affecting eligibility f…

Sec. 546.054. DESTRUCTION OF SAMPLE MATERIAL; EXCEPTIONS. A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless: (1) the sample is retained under a court o…

Sec. 546.101. DISCLOSURE OF TEST RESULTS TO INDIVIDUAL TESTED. (a) An individual who submits to a genetic test has the right to know the results of the test. On the written request by the individual, the health benefit plan issuer or other entity that performed the test shall dis…

Sec. 546.102. CONFIDENTIALITY OF GENETIC INFORMATION. (a) Except as provided by Sections 546.103(a) and (b), genetic information is confidential and privileged regardless of the source of the information. (b) A person or entity that holds genetic information about an individual m…

Sec. 546.103. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization under Section 546.104 if the disclosure is: (1) authorized under a state or federal criminal law relating to: (A) …

Sec. 546.104. AUTHORIZED DISCLOSURE. An individual or an individual's legal representative may authorize disclosure of genetic information relating to the individual by an authorization that: (1) is written in plain language; (2) is dated; (3) contains a specific description of t…

Sec. 546.151. CEASE AND DESIST ORDER. (a) On a finding by the commissioner that a health benefit plan issuer is in violation of this chapter, the commissioner may issue a cease and desist order in the manner provided by Chapter 83. (b) If a health benefit plan issuer refuses or f…

Sec. 546.152. ADMINISTRATIVE PENALTY. A health benefit plan issuer that operates a plan in violation of this chapter is subject to an administrative penalty as provided by Chapter 84. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005. Amended by: Acts 2005, 79th…

Sec. 547.001. DEFINITIONS. In this chapter: (1) "Alien or foreign insurer" means an insurance company organized under the laws of: (A) a country other than the United States; or (B) a state of the United States other than this state. (2) "Resident" includes a domestic, alien, or …

Sec. 547.002. CONSTRUCTION OF CHAPTER. This chapter shall be construed liberally. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005. SUBCHAPTER B. PROHIBITION; ENFORCEMENT

Sec. 547.051. ACTS PROHIBITED. (a) This section applies only to an insurer's misrepresentation of: (1) the insurer's financial condition; (2) the terms of an existing or future contract; (3) the benefits or advantages promised by an existing or future contract; or (4) the dividen…

Sec. 547.052. NOTICE OF VIOLATION TO INSURER'S DOMICILIARY STATE. (a) In this section, the domiciliary state of an alien insurer is the state of entry or the state of the insurer's principal office in the United States. (b) If the department has reason to believe that an insurer …

Sec. 547.053. ENFORCEMENT ACTION. The department shall take action under Chapter 541 against an insurer notified under Section 547.052 if: (1) after the 30th day following the date of notice, the insurer has not stopped making, issuing, or circulating or causing to be made, issue…

Sec. 548.001. PURPOSE. (a) The purpose of this chapter is to provide for protection of the public interest, investors, and shareholders of domestic stock insurers by: (1) regulating proxy solicitation by domestic stock insurers; (2) regulating transactions by officers, directors,…

Sec. 548.002. DEFINITIONS. In this chapter: (1) "Domestic stock insurer" includes a domestic title insurance company regulated by Title 11 and a stipulated premium company regulated by Chapter 884. (2) "Equity security" means: (A) a stock or similar security; (B) a security that:…

Sec. 548.003. RULEMAKING AUTHORITY. The commissioner may: (1) adopt rules necessary for the execution of the powers and duties of the department or commissioner under this subchapter and Subchapter B; and (2) for that purpose classify domestic stock insurers, securities, and othe…

Sec. 548.004. RULES RELATING TO EQUITY SECURITIES AND EXEMPT SECURITIES. (a) If the commissioner considers it necessary or appropriate in the public interest or for the protection of investors, the commissioner by rule may define: (1) "equity security" to include a security that …

Sec. 548.101. DEFINITION. In this subchapter, "insider" means a person who: (1) is directly or indirectly the beneficial owner of more than 10 percent of any class of an equity security of a domestic stock insurer, other than an exempt security; or (2) is a director or officer of…

Sec. 548.102. STATEMENT OF BENEFICIAL OWNERSHIP OF EQUITY SECURITIES. (a) Not later than the 10th day after the date a person becomes an insider, the insider shall file with the department a statement of the amount of all equity securities of the insurer of which the insider is a…

Sec. 548.103. RECOVERY OF CERTAIN PROFITS. (a) The purpose of this section is to prevent the unfair use of information that may be obtained by an insider because of the insider's relationship with the domestic stock insurer. (b) Any profit realized by the insider from the purchas…

Sec. 548.104. SALE OR NONDELIVERY OF CERTAIN EQUITY SECURITIES PROHIBITED. (a) An insider may not directly or indirectly sell an equity security of the domestic stock insurer if the insider selling the security or the insider's principal: (1) does not own the security; or (2) own…

Sec. 548.105. CERTAIN SOLICITATIONS PROHIBITED; DISCLOSURE BY INSURER. (a) A person, in violation of any rule adopted by the commissioner under this section, may not solicit or permit the use of the person's name to solicit a proxy, consent, or authorization with respect to an eq…

Sec. 548.106. NONAPPLICABILITY OF SUBCHAPTER. (a) This subchapter does not apply to an equity security of a domestic stock insurer if: (1) the security is or is required to be registered under Section 12 of the federal Securities Exchange Act; or (2) the insurer does not have any…