CHAPTER 32. ADMINISTRATIVE POWERS AND DUTIES - Texas Statutes

INSURANCE CODE

TITLE 2. TEXAS DEPARTMENT OF INSURANCE

SUBTITLE A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE

CHAPTER 32. ADMINISTRATIVE POWERS AND DUTIES

SUBCHAPTER A. RECORDS

Sec. 32.001. GIVING CERTIFIED COPIES AND CERTIFICATES. (a) On

request and on payment of the required fee, the department shall:

(1) certify a copy of a paper or a record in a department office

and give the certified copy to any person when the commissioner

determines that providing the copy is not prejudicial to the

public interest; and

(2) give a certificate as provided by other law.

(b) A fee collected by the department under this section shall

be deposited in the general revenue fund to the credit of the

Texas Department of Insurance operating account.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 32.0015. FILING ARTICLES OF INCORPORATION AND OTHER PAPERS;

CERTIFIED COPIES. (a) The department shall file and maintain in

a department office:

(1) all insurance companies' acts or articles of incorporation;

and

(2) any other paper required by law to be filed with the

department.

(b) The department shall provide a certified copy of a document

described by Subsection (a)(1) or (2) to a party interested in

the document who:

(1) submits an application; and

(2) pays the fee prescribed by law.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1A.002, eff. April 1, 2009.

Sec. 32.002. RECORD OF DEPARTMENT PROCEEDINGS. The department

shall maintain a complete record of the department's proceedings.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 32.003. STATEMENTS REGARDING CONDITION OF EXAMINED

COMPANIES. The department shall maintain a concise statement of

the condition of each company or agency visited or examined.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 32.004. PUBLICATION OF RESULTS OF EXAMINATION. The

department shall publish the results of an examination of a

company's affairs if the commissioner determines that publication

is in the public interest.

Added by Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 1A.002, eff. April 1, 2009.

SUBCHAPTER B. REPORTS

Sec. 32.021. ANNUAL REPORTS. (a) The department shall file

annually with the governor and the presiding officer of each

house of the legislature a complete and detailed written report

that includes:

(1) an accounting of all funds received and disbursed by the

department during the preceding fiscal year;

(2) a description of the commissioner's official acts;

(3) a description of the condition of companies doing business

in this state; and

(4) other information that exhibits the affairs of the

department.

(b) The annual report required by Subsection (a) must be in the

form and reported in the time provided by the General

Appropriations Act.

(c) The department shall:

(1) send a copy of the annual report required by Subsection (a)

to the insurance commissioner or other similar officer of every

state; and

(2) on request, send a copy to any company doing business in

this state.

(d) The department shall print a separate premium and loss

report that contains and arranges in tabular form the premium and

loss information contained in the annual statements for companies

doing business in this state.

(e) The department shall file the report required by Subsection

(d) with the Legislative Reference Library and the Texas State

Library with the annual report required by Subsection (a).

(f) The department shall notify the legislature of the

availability of the reports required by this section.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 32.022. BIENNIAL REPORT TO LEGISLATURE. (a) On or before

December 31 of each even-numbered year, the department shall

submit to the appropriate committees of each house of the

legislature a written report that indicates any needed changes in

the laws relating to regulation of the insurance industry or any

other industry or occupation under the jurisdiction of the

department and that states the reasons for the needed changes.

(b) If the commissioner determines that any capital or surplus

requirements established by this code for any insurance companies

are inadequate, the department shall:

(1) include in the biennial report specific recommendations

relating to the amounts at which the capital or surplus

requirements should be set and the findings and evidence on which

those recommendations are based; and

(2) submit the biennial report to the governor.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 32.0221. TEXAS HEALTH BENEFITS STUDY. (a) The department

shall study the disparity in patient copayments between orally

and intravenously administered chemotherapies, the reasons for

the disparity, and the patient benefits in establishing copayment

parity between oral and infused chemotherapy agents.

(b) Not later than August 1, 2010, the department shall submit

to the governor, the lieutenant governor, the speaker of the

house of representatives, and the appropriate standing committees

of the legislature a report regarding the results of the study

conducted under Subsection (a), together with any recommendation

for legislation.

Added by Acts 2009, 81st Leg., R.S., Ch.

1217, Sec. 3, eff. September 1, 2009.

Sec. 32.023. REPORTS TO OTHER STATES. On request, the

department shall provide to the insurance commissioner or other

similar officer of another state information relating to a

company of this state that does business in the other state if:

(1) the other state has enacted the substantial provisions of

the insurance laws of this state; and

(2) the commissioner or other similar officer has a legal duty

to obtain the information.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER C. FORMS

Sec. 32.041. FORMS. The department shall furnish to the

companies required to report to the department the necessary

forms for the required statements.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER D. INTERNET ACCESS TO CERTAIN INFORMATION

Sec. 32.101. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to insurers who comprise the top 25 insurance groups in

the national market and who issue residential property insurance

or personal automobile insurance policies in this state,

including a Lloyd's plan, a reciprocal or interinsurance

exchange, a county mutual insurance company, a farm mutual

insurance company, the Texas Windstorm Insurance Association, the

FAIR Plan Association, and the Texas Automobile Insurance Plan

Association.

Added by Acts 2007, 80th Leg., R.S., Ch.

151, Sec. 1, eff. May 21, 2007.

Sec. 32.102. INTERNET WEBSITE. (a) The department, in

conjunction with the office of public insurance counsel, shall

establish and maintain a single Internet website that provides

information to enable consumers to make informed decisions

relating to the purchase of residential property insurance and

personal automobile insurance. The website must include:

(1) a description of each type of residential property insurance

policy and personal automobile insurance policy issued in this

state, including a comparison of the coverage, exclusions, and

restrictions of each policy that allows a side-by-side comparison

of the features of the policy forms;

(2) a listing of each insurer writing residential property

insurance or personal automobile insurance in this state, indexed

by each county or zip code in which the insurer is actively

writing that insurance, and a profile of the insurer that

includes:

(A) contact information for the insurer, including the insurer's

full name, address, and telephone number and the insurer's fax

number and e-mail address, if available;

(B) information on rates charged by the insurer, including:

(i) sample rates for different policyholder profiles in each

county or zip code; and

(ii) the percentage by which the sample rate has fallen or risen

due to filings in the previous 12, 24, and 36 months;

(C) a list of policy forms, exclusions, endorsements, and

discounts offered by the insurer;

(D) an indication of whether the insurer uses credit scoring in

underwriting, rating, or tiering, and a link to the insurer's

credit model or a link explaining how to request the insurer's

credit model;

(E) the insurer's financial rating determined by A. M. Best or

similar rating organization and an explanation of the meaning and

importance of the rating;

(F) a complaint ratio or similar complaint rating system for the

insurer for each of the previous three years and an explanation

of the meaning of the rating system; and

(G) information, other than information made confidential by

law, on the insurer's regulatory and administrative experience

with the department, the office of public insurance counsel, and

insurance regulatory authorities in other states; and

(3) if feasible, as determined by the commissioner and the

public insurance counsel:

(A) a side-by-side comparison of credit scoring models,

including factors, key variables, and weights, of residential

property insurers in this state; and

(B) a side-by-side comparison of credit scoring models,

including factors, key variables, and weights, of private

passenger automobile insurers in this state.

(b) The Internet website required by this section may link to

and be linked from the department's and the office of public

insurance counsel's main websites, but must have its own Internet

address distinct from the address of those main sites.

(c) The department and the office of public insurance counsel

may include on the Internet website or by link to another site

any other information the department and the office of public

insurance counsel determine is helpful to consumers of

residential property insurance or personal automobile insurance

or that the department or the office of public insurance counsel

is authorized or required to publish under this code that relates

to residential property insurance or personal automobile

insurance.

Added by Acts 2007, 80th Leg., R.S., Ch.

151, Sec. 1, eff. May 21, 2007.

Sec. 32.103. PUBLIC INFORMATION CONCERNING INTERNET WEBSITE.

The department shall publicize the existence of the Internet

website required by this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

151, Sec. 1, eff. May 21, 2007.

Sec. 32.104. DUTIES OF INSURER. (a) On the request of the

department, an insurer shall provide to the department any

information the department and the office of public insurance

counsel determine is reasonable or necessary to fulfill the

department's and the office of the public insurance counsel's

duties under this subchapter.

(b) An insurer shall provide in a conspicuous manner with each

residential property insurance or personal automobile insurance

policy issued in this state notice of the Internet website

required by this subchapter. The commissioner shall determine

the form and content of the notice.

Added by Acts 2007, 80th Leg., R.S., Ch.

151, Sec. 1, eff. May 21, 2007.