CHAPTER 203. GENERAL PROVISIONS RELATING TO TAXES - Texas Statutes

INSURANCE CODE

TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 203. GENERAL PROVISIONS RELATING TO TAXES

Sec. 203.001. LIMITATION ON CERTAIN ADDITIONAL TAXES. (a) This

section applies to:

(1) an insurer authorized to engage in the business of insurance

in this state other than an eligible surplus lines insurer; and

(2) a health maintenance organization authorized to engage in

the business of a health maintenance organization in this state.

(b) Except as otherwise provided by this code or the Labor Code,

an insurer or health maintenance organization subject to a tax

imposed by Chapter 4, 221, 222, 224, or 257 may not be required

to pay any additional tax imposed by this state or a county or

municipality in proportion to the insurer's or health maintenance

organization's gross premium receipts.

(c) Subsection (b) does not:

(1) limit the applicability of other taxes, fees, and

assessments imposed by this code; or

(2) prohibit the imposition and collection of state, county, and

municipal taxes on the property of insurers or health maintenance

organizations or state, county, and municipal taxes imposed by

other laws of this state, unless a specific exemption for

insurers or health maintenance organizations is provided in those

laws.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 203.002. TAX PAYMENT REQUIRED FOR CERTAIN CERTIFICATES;

UNREPORTED GROSS PREMIUM RECEIPTS. (a) A Life Insurance Company

May not receive a certificate of authority to engage in the

business of insurance in this state until all taxes imposed under

this code or another insurance law of this state are paid.

(b) If the commissioner determines by examining a company or by

other means that the company's gross premium receipts in a year

exceed the amount reported by the company for that year, the

commissioner shall report that determination to the comptroller.

The comptroller shall institute a collection action as the

comptroller considers appropriate to collect taxes due on

unreported gross premium receipts.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.