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TEXAS STATUTES AND CODES

CHAPTER 259. THIRD-PARTY ADMINISTRATORS

INSURANCE CODE

TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES

SUBTITLE C. INSURANCE MAINTENANCE TAXES

CHAPTER 259. THIRD-PARTY ADMINISTRATORS

Sec. 259.001. DEFINITIONS. In this chapter:

(1) "Administrative or service fees" means all consideration,

fees, assessments, payments, reimbursements, dues, and other

compensation received for services as an administrator during a

calendar year. The term does not include sales commissions.

(2) "Administrator" has the meaning assigned by Section

4151.001.

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

2005.

Sec. 259.002. MAINTENANCE TAX IMPOSED. A maintenance tax is

imposed on each authorized administrator with administrative or

service fees subject to taxation under Section 259.004. The tax

required by this chapter is in addition to other taxes imposed

that are not in conflict with this chapter.

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

2005.

Sec. 259.003. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The rate of

assessment set by the commissioner may not exceed one percent of

the administrative or service fees subject to taxation under

Section 259.004.

(b) The commissioner shall annually adjust the rate of

assessment of the maintenance tax so that the tax imposed that

year, together with any unexpended funds produced by the tax,

produces the amount the commissioner determines is necessary to

pay the expenses of regulating administrators.

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

2005.

Sec. 259.004. ADMINISTRATIVE AND SERVICE FEES SUBJECT TO

TAXATION. An administrator shall pay maintenance taxes under

this chapter on the administrator's correctly reported

administrative or service fees.

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

2005.

Sec. 259.005. MAINTENANCE TAX DUE DATES. The administrator

shall pay the maintenance tax annually, semiannually, or on

another periodic basis, as determined by the comptroller.

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

2005.

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