CHAPTER 981. SURPLUS LINES INSURANCE - Texas Statutes

INSURANCE CODE

TITLE 6. ORGANIZATION OF INSURERS AND RELATED ENTITIES

SUBTITLE I. COMPANIES THAT ARE NOT ORGANIZED IN TEXAS

CHAPTER 981. SURPLUS LINES INSURANCE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 981.001. PURPOSE. (a) An insurance transaction that is

entered into by a resident of this state with an eligible surplus

lines insurer through a surplus lines agent because of difficulty

in obtaining coverage from an authorized insurer is a matter of

public interest.

(b) The transaction of surplus lines insurance is a subject of

concern and it is necessary to provide for the regulation,

taxation, supervision, and control of these transactions and the

practices and matters related to these transactions by:

(1) requiring appropriate standards and reports concerning the

placement of surplus lines insurance;

(2) imposing requirements necessary to make regulation and

control of surplus lines insurance reasonably complete and

effective;

(3) providing orderly access to eligible surplus lines insurers;

(4) ensuring the maintenance of fair and honest markets;

(5) protecting the revenues of this state; and

(6) protecting authorized insurers, which under the laws of this

state must meet strict standards relating to the regulation and

taxation of the business of insurance, from unfair competition by

unauthorized insurers.

(c) To regulate and tax surplus lines insurance placed in

accordance with this chapter within the meaning and intent of 15

U.S.C. Section 1011, this chapter provides an orderly method for

the residents of this state to effect insurance with eligible

surplus lines insurers through qualified, licensed, and

supervised surplus lines agents in this state, if coverage is not

available from authorized and regulated insurers engaged in

business in this state, under reasonable and practical

safeguards.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.002. DEFINITIONS. In this chapter:

(1) "Eligible surplus lines insurer" means an insurer that is

not an authorized insurer, but that is eligible under Subchapter

B, in which surplus lines insurance is placed or may be placed

under this chapter.

(2) "Stamping office" means the Surplus Lines Stamping Office of

Texas.

(3) "Surplus lines agent" means an agent licensed under

Subchapter E to procure an insurance contract from a surplus

lines insurer.

(4) "Surplus lines insurance" means insurance coverage:

(A) for a subject that is resident, located, or to be performed

in this state; and

(B) that may be placed, in accordance with this chapter, with an

eligible surplus lines insurer.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.003. APPLICABILITY OF CHAPTER. This chapter applies to

insurance:

(1) of a subject that is resident, located, or to be performed

in this state; and

(2) that is obtained, continued, or renewed through:

(A) negotiations or an application wholly or partly occurring or

made within or from within this state; or

(B) premiums wholly or partly remitted directly or indirectly

from within this state.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.004. SURPLUS LINES INSURANCE AUTHORIZED. (a) An

eligible surplus lines insurer may provide surplus lines

insurance only if:

(1) the full amount of required insurance cannot be obtained,

after a diligent effort, from an insurer authorized to write and

actually writing that kind and class of insurance in this state;

(2) the insurance is placed through a surplus lines agent; and

(3) the insurer meets the eligibility requirements of Subchapter

B as of the inception date and annual anniversary date of each

insurance contract, cover note, or other confirmation of

insurance.

(b) An eligible surplus lines insurer may provide surplus lines

insurance only in the amount that exceeds the amount of insurance

obtainable from authorized insurers.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.005. VALIDITY OF CONTRACTS. (a) Unless a material and

intentional violation of this chapter or Chapter 225 exists, an

insurance contract obtained from an eligible surplus lines

insurer is:

(1) valid and enforceable as to all parties; and

(2) recognized in the same manner as a comparable contract

issued by an authorized insurer.

(b) A material and intentional violation of this chapter or

Chapter 225 does not preclude the insured from enforcing the

insured's rights under the contract.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

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

730, Sec. 2E.125, eff. April 1, 2009.

Sec. 981.006. SANCTIONS. Chapter 82 applies to a surplus lines

agent or an eligible surplus lines insurer that violates:

(1) this chapter;

(2) Chapter 225; or

(3) a rule or order adopted under Subchapter B or Section

981.005.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

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

730, Sec. 2E.126, eff. April 1, 2009.

Sec. 981.007. LIABILITY OF SURPLUS LINES INSURER FOR LOSSES AND

UNEARNED PREMIUMS. (a) This section applies if:

(1) an eligible surplus lines insurer has assumed a risk under

this chapter; and

(2) the surplus lines agent who placed the insurance has

received the premium for that risk.

(b) If a coverage question between the eligible surplus lines

insurer and the insured arises regarding the assumed risk, the

insurer is considered to have received the premium due for that

coverage.

(c) The eligible surplus lines insurer is liable to the insured

for any:

(1) loss covered by the insurance; and

(2) unearned premium payable to the insured on cancellation of

the insurance.

(d) This section applies without regard to whether the surplus

lines agent is indebted to the insurer regarding the insurance or

for any other cause.

(e) An eligible surplus lines insurer that assumes a risk under

this chapter subjects itself to this section.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.008. SURPLUS LINES INSURANCE PREMIUM TAX. The premiums

charged for surplus lines insurance are subject to the premium

tax imposed under Chapter 225.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

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

730, Sec. 2E.127, eff. April 1, 2009.

Sec. 981.009. RULES. The commissioner may adopt rules to

implement this chapter or satisfy requirements under federal law

or regulations.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.228(a),

eff. Sept. 1, 2003.

SUBCHAPTER B. ELIGIBILITY REQUIREMENTS FOR SURPLUS LINES INSURERS

Sec. 981.051. AUTHORIZATION REQUIRED. (a) Before an insurer

may issue surplus lines insurance, the insurer must hold an

authorization to engage in the business of insurance from its

domiciliary state or country.

(b) The authorization from the domiciliary state or country must

be for the same kind or class of insurance to be written in this

state as surplus lines insurance.

(c) The surplus lines insurer must provide to the commissioner

satisfactory evidence that the insurer holds the authorization.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.052. GOOD REPUTATION AND PROMPT SERVICE REQUIRED. To

issue surplus lines insurance, an insurer must have a good

reputation and provide reasonably prompt service to its

policyholders in the payment of just losses and claims.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.053. COMPETENCE, TRUSTWORTHINESS, AND EXPERIENCE

REQUIRED. An insurer may not issue surplus lines insurance if:

(1) the insurer's management is:

(A) incompetent or untrustworthy; or

(B) so lacking in insurance company managerial experience as to

make the insurer's proposed operation hazardous to the

insurance-buying public; or

(2) the commissioner has good reason to believe that the insurer

is affiliated directly or indirectly, through ownership, control,

reinsurance transactions, or other insurance or business

relations, with a person whose business operations are or have

been detrimental to policyholders, shareholders, investors,

creditors, or the public.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.054. CERTAIN PRECONDITIONS NOT ALLOWED. An eligible

surplus lines insurer may not require as a condition precedent to

writing new or renewal surplus lines insurance that the insured

or prospective insured place with the insurer other insurance

that is not obtainable as surplus lines insurance.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.055. FAILURE TO PAY PENALTY. An insurer may not issue

surplus lines insurance if the insurer or its agents have failed

to pay a statutory penalty imposed on the insurer or its agents.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.056. FAILURE TO PAY PREMIUM TAXES. An insurer may not

issue surplus lines insurance if the insurer is obligated to pay

a premium tax in this state and has not paid the tax.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.057. MINIMUM CAPITAL AND SURPLUS REQUIREMENTS. (a)

Except as provided by Subsection (b), an eligible surplus lines

insurer must maintain capital and surplus in an amount of at

least $15 million.

(b) If an eligible surplus lines insurer is an insurance

exchange created by the laws of another state:

(1) the syndicates of the exchange must maintain under terms

acceptable to the commissioner capital and surplus, or the

equivalent under the laws of the exchange's domiciliary

jurisdiction, in an amount of at least $75 million in the

aggregate;

(2) the exchange must maintain under terms acceptable to the

commissioner at least 50 percent of the policyholder surplus of

each individual syndicate in a custodial account accessible to

the exchange or the exchange's domiciliary commissioner in the

event of insolvency or impairment of the individual syndicate;

and

(3) an individual syndicate, to be eligible to accept surplus

lines insurance placements from this state as an exchange member,

must maintain under terms acceptable to the commissioner capital

and surplus, or the equivalent under the laws of the exchange's

domiciliary jurisdiction, in the amount of at least:

(A) $5 million, if the syndicate is a member of an insurance

exchange that maintains at least $15 million for the protection

of all exchange policyholders; or

(B) the greater of:

(i) the minimum capital and surplus of the exchange's

domiciliary jurisdiction; or

(ii) $15 million.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.058. ALIEN INSURERS: TRUST FUND REQUIREMENT. In

addition to meeting the minimum capital and surplus requirements

prescribed by Section 981.057, an alien surplus lines insurer

must provide evidence that:

(1) the insurer maintains in the United States an irrevocable

trust fund in a Federal Reserve System member bank in an amount

of at least $5.4 million for the protection of all its

policyholders in the United States; and

(2) the trust fund consists of:

(A) cash;

(B) securities;

(C) letters of credit; or

(D) investments of substantially the same character and quality

as those that are eligible investments for the capital and

statutory reserves of an insurer authorized to write similar

kinds and classes of insurance in this state.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.059. ALTERNATIVE FOR CERTAIN INSURER GROUPS. (a) This

section applies only to an insurer group that includes

unincorporated individual insurers.

(b) Instead of the minimum capital and surplus requirements

prescribed by Section 981.057, an insurer group may maintain a

trust fund in an amount of at least $50 million as security to

the full amount of the trust fund for all policyholders and

creditors in the United States of each group member.

(c) Except as provided by this section, the trust fund must

comply with the terms specified by Section 981.058 for the trust

fund required by that section.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.060. EXEMPTION DUE TO MINIMUM PREMIUM LEVEL. (a) The

commissioner by rule shall exempt an eligible surplus lines

insurer from the minimum capital and surplus requirements

prescribed by Section 981.057 if the insurer writes less than a

minimum level of insurance premium in this state.

(b) The rules must specify the minimum level of insurance

premium.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.061. EXEMPTION DUE TO CERTAIN INSURER CHARACTERISTICS.

The commissioner may exempt an eligible surplus lines insurer

from the minimum capital and surplus requirements prescribed by

Section 981.057 if the commissioner determines, after a hearing,

that the exemption is warranted based on factors such as:

(1) the insurer's quality of management;

(2) the capital and surplus of a parent company;

(3) the insurer's underwriting profit and investment income

trends;

(4) the insurer's reinsurance contracts;

(5) the insurer's record and reputation in the industry; and

(6) any other information the commissioner requires to make a

determination.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.062. EXEMPTION DUE TO SIZE OF INSURER AND OTHER

FACTORS. (a) The commissioner may exempt an eligible surplus

lines insurer from the minimum capital and surplus requirements

prescribed by Section 981.057 if the commissioner determines,

after a hearing, that the insurer complies with the following

requirements:

(1) the insurer has capital and surplus in an amount of at least

$6 million;

(2) the amount of net risk retained by the insurer after ceding

to a reinsurer is reasonable and does not exceed 10 percent of

the insurer's capital and surplus;

(3) the annual ratio of net written premiums to surplus of the

insurer does not exceed 2.5 to 1;

(4) the insurer's reinsurance company is rated at least "B+" by

the A. M. Best Company;

(5) the ownership interest in the insurer of an agent who places

insurance with the insurer does not exceed 10 percent;

(6) the insurer's managing head, officers, or directors have

sufficient insurance ability, standing, and good record to make

probable the continued success of the insurer;

(7) the composition, quality, duration, and liquidity of the

insurer's investment portfolio are prudent;

(8) the insurer is audited annually by an independent certified

public accountant who is in good standing with the American

Institute of Certified Public Accountants and is licensed to

practice by the Texas State Board of Public Accountancy, and a

copy of the audit is filed with the commissioner;

(9) the number and type of complaints against the insurer are

not excessive in relation to the number of insurance policies

written by the insurer; and

(10) the insurer is acting in good faith in requesting an

exemption.

(b) The commissioner may waive any of the requirements

applicable to an insurer under Subsection (a) if, in the

commissioner's judgment, a waiver would not adversely affect the

insurer's policyholders.

(c) The commissioner may annually renew the exemption if the

eligible surplus lines insurer certifies each year that the

insurer continues to comply with the requirements under

Subsection (a).

(d) The commissioner may hold a hearing at any time to determine

if the continued exemption is warranted.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.063. COMMISSIONER OR DEPARTMENT NOT RESPONSIBLE FOR

DETERMINING UNAUTHORIZED INSURER'S FINANCIAL CONDITION OR CLAIMS

PRACTICES. This subchapter does not impose on the commissioner

or department a responsibility to determine the actual financial

condition or claims practices of an unauthorized insurer as

described by Chapter 101.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.064. COMMISSIONER MAY ORDER REVOCATION OF CONTRACTS.

The commissioner may order the revocation of an insurance

contract issued by an eligible surplus lines insurer that does

not meet the eligibility requirements of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.065. APPLICABILITY TO CONTRACT EXTENSION. This

subchapter and Sections 981.101(b), 981.210, and 981.211 apply to

an extension of an insurance contract beyond its original

expiration date.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER C. REQUIREMENTS AND PROCEDURES FOR ISSUANCE OF SURPLUS

LINES DOCUMENTS

Sec. 981.101. REQUIREMENTS FOR SURPLUS LINES DOCUMENTS. (a) In

this section, "surplus lines document" means each new or renewal

insurance contract, certificate, cover note, or other

confirmation of insurance obtained and delivered as surplus line

coverage under this chapter.

(b) A surplus lines document must state, in 11-point type, the

following:

This insurance contract is with an insurer not licensed to

transact insurance in this state and is issued and delivered as

surplus line coverage under the Texas insurance statutes. The

Texas Department of Insurance does not audit the finances or

review the solvency of the surplus lines insurer providing this

coverage, and the insurer is not a member of the property and

casualty insurance guaranty association created under Chapter

462, Insurance Code. Chapter 225, Insurance Code, requires

payment of a __________ (insert appropriate tax rate) percent tax

on gross premium.

(c) A surplus lines document must show:

(1) the description and location of the subject of the

insurance;

(2) the coverage, conditions, and term of the insurance;

(3) the premium and rate charged, and premium taxes to be

collected from the insured;

(4) the name and address of:

(A) the insured;

(B) the insurer; and

(C) the insurance agent who obtained the surplus line coverage;

and

(5) if the direct risk is assumed by more than one insurer:

(A) the name and address of each insurer; and

(B) the proportion of the entire direct risk assumed by each

insurer.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

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

730, Sec. 2E.128, eff. April 1, 2009.

Sec. 981.102. LIMIT ON USE OF SURPLUS LINES POLICY OR CONTRACT

FORMS. A surplus lines insurance policy or contract form may not

be used unless use of the form is:

(1) reasonably necessary for the principal purposes of the

insurance coverage; or

(2) not contrary to the purposes of this chapter regarding the

reasonable protection of authorized insurers from unwarranted

competition by unauthorized insurers.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.103. DELIVERY TO INSURED OF SURPLUS LINES DOCUMENTS.

(a) On placing new or renewal surplus lines coverage, a surplus

lines agent shall promptly issue and deliver to the insured or to

the insured's agent the following evidence of insurance:

(1) the policy issued by the insurer; or

(2) if the policy is not available, a certificate, cover note,

or other confirmation of insurance.

(b) If the policy is not available at the time of placement of

the insurance, the surplus lines agent shall, on the insured's

request and as soon as reasonably possible:

(1) obtain the policy from the insurer; and

(2) deliver the policy to the insured to replace the

certificate, cover note, or other confirmation of insurance

previously issued.

(c) A surplus lines agent may not deliver the evidence of

insurance described by Subsection (a), or purport to insure or

represent that insurance will be or has been granted by an

eligible surplus lines insurer, unless the agent:

(1) has prior written authority from the insurer for the

insurance; or

(2) has received information from the insurer in the regular

course of business that:

(A) the insurance has been granted; or

(B) an insurance policy providing the insurance actually has

been issued by the insurer and delivered to the insured.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.104. DELIVERY TO INSURED OF REVISED SURPLUS LINES

DOCUMENTS. (a) A surplus lines agent shall promptly deliver to

the insured a substitute certificate, cover note, confirmation,

or endorsement for the original document showing the current

status of the coverage and the insurers responsible for that

coverage if, after the delivery of the original document, a

change is made:

(1) to the identity of the insurers;

(2) to the proportion of the direct risk assumed by the insurer

as stated in the original document; or

(3) in any other material respect as to the insurance coverage

evidenced by the document.

(b) A change made under Subsection (a) may not result in

coverage or an insurance contract that would violate this chapter

or Chapter 225, if originally issued on that basis.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

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

730, Sec. 2E.129, eff. April 1, 2009.

Sec. 981.105. FILING WITH STAMPING OFFICE. (a) Not later than

the 60th day after the later of the effective date or the issue

date of new or renewal surplus lines insurance, a surplus lines

agent shall file with the stamping office:

(1) a copy of the policy issued; or

(2) if the policy has not been issued, a copy of the

certificate, cover note, or other confirmation of insurance

delivered to the insured.

(b) A surplus lines agent shall also promptly file with the

stamping office:

(1) a copy of each substitute certificate, cover note, or other

confirmation of insurance delivered to an insured;

(2) a copy of each endorsement of an original policy,

certificate, cover note, or other confirmation of insurance

delivered to an insured; and

(3) a memorandum from the agent informing the stamping office of

the substance of any change represented by a document described

by Subdivision (1) or (2), as compared with the original

coverage.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

SUBCHAPTER D. SURPLUS LINES STAMPING OFFICE

Sec. 981.151. STATUS AS NONPROFIT ASSOCIATION. The Surplus

Lines Stamping Office of Texas is a nonprofit association.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.152. BOARD OF DIRECTORS. (a) The board of directors

of the stamping office exercises the powers of the office.

(b) The board consists of nine members appointed by the

commissioner. Four members must represent the public and have a

minimum of three years of experience in purchasing commercial

insurance. A public representative may not:

(1) be an officer, director, or employee of an insurer,

insurance agency, agent, broker, solicitor, or adjuster or any

other business entity regulated by the department;

(2) be a person required to register under Chapter 305,

Government Code; or

(3) be related to a person described by Subdivision (1) or (2)

within the second degree by affinity or consanguinity.

(c) A board member serves a term as established in the plan of

operation.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.153. PLAN OF OPERATION. (a) The procedures to

administer the stamping office are established by a plan of

operation approved by the commissioner. The plan of operation

establishes the terms of the members of the board of directors of

the office.

(b) The stamping office shall submit any amendment to the plan

of operation to the commissioner. An amendment to the plan of

operation is effective on approval by commissioner order.

(c) If the stamping office fails to submit a suitable amendment

to the plan of operation, the commissioner may, after notice and

hearing, adopt:

(1) an amendment to the plan of operation; and

(2) any rules necessary or advisable to implement this

subchapter.

(d) A rule adopted under Subsection (c) continues until:

(1) modified by the commissioner; or

(2) superseded by an amendment to the plan of operation

submitted by the stamping office and approved by the

commissioner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.154. POWERS AND DUTIES. (a) The stamping office shall

perform its functions under the plan of operation.

(b) The stamping office shall conduct the following activities

as provided in the plan of operation:

(1) receive, record, and review each surplus lines insurance

contract that a surplus lines agent is required to file with the

office;

(2) provide to the commissioner an evaluation of the eligibility

of each surplus lines insurance contract and surplus lines

insurer;

(3) prepare monthly reports for the commissioner relating to

surplus lines insurance obtained during the preceding month in a

form prescribed by the commissioner;

(4) prepare reports for the commissioner relating to surplus

lines business;

(5) collect from each surplus lines agent a stamping fee for the

costs of operations to be paid by the insured and determined by

the department in an amount not to exceed three-fourths of one

percent of gross premium resulting from surplus lines insurance

contracts;

(6) employ persons;

(7) borrow money;

(8) enter into contracts;

(9) perform any other acts to facilitate or encourage compliance

with this chapter and rules adopted under this chapter; and

(10) provide any other service incidental or related to an

office purpose.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.155. SUPERVISION BY COMMISSIONER. The commissioner

shall supervise the stamping office. The stamping office is

subject to the applicable provisions of this code and rules of

the commissioner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.156. EXAMINATION BY COMMISSIONER. (a) The

commissioner shall examine the stamping office at any time the

commissioner considers an examination necessary.

(b) The stamping office shall pay the cost of the examination.

(c) During an examination, a stamping office board member,

officer, agent, or employee:

(1) may be examined under oath regarding the operation of the

office; and

(2) shall make available any book, record, account, document, or

agreement relating to the operation of the office.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.157. IMMUNITY FROM LIABILITY. A person or entity is

not liable for, and a cause of action does not arise out of, an

act or omission in performing a power or duty under this

subchapter if the person or entity is:

(1) the stamping office or a board member, officer, agent, or

employee of the stamping office; or

(2) the department or an employee or representative of the

department, including the commissioner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.158. EXEMPTION FROM PUBLIC INFORMATION LAW. (a) An

individual surplus lines insurance contract filed with the

stamping office is:

(1) confidential; and

(2) not public information under Chapter 552, Government Code.

(b) This section does not prevent access by a state agency to an

individual surplus lines insurance contract filed with the

stamping office.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.159. EXEMPTION FROM LIBRARY AND ARCHIVES LAW. Chapter

441, Government Code, does not apply to the stamping office or

its records.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.160. NO ENFORCEMENT AUTHORITY. This subchapter does

not give the stamping office authority to enforce this chapter or

Chapter 225.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

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

730, Sec. 2E.130, eff. April 1, 2009.

SUBCHAPTER E. SURPLUS LINES AGENTS

Sec. 981.201. DEFINITION. In this subchapter, "managing general

agent" means an agent licensed under Chapter 4053.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Amended by:

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

730, Sec. 2E.131, eff. April 1, 2009.

Sec. 981.202. SURPLUS LINES LICENSE REQUIRED. An agent licensed

by this state may not issue or cause to be issued an insurance

contract with an eligible surplus lines insurer unless the agent

possesses a surplus lines license issued by the department.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.203. QUALIFICATIONS FOR SURPLUS LINES LICENSE. (a)

The department may issue a surplus lines license to an applicant

who the department determines complies with Subsection (b) and

is:

(1) an individual who:

(A) has passed an examination under Chapter 4002 and department

rules; and

(B) holds a current license as:

(i) a general property and casualty agent authorized under

Subchapter B, Chapter 4051; or

(ii) a managing general agent; or

(2) a corporation, limited liability company, or partnership

that:

(A) has at least one officer or director or at least one active

partner who has passed the required surplus lines license

examination;

(B) holds a current license as:

(i) a general property and casualty agent authorized under

Subchapter B, Chapter 4051; or

(ii) a managing general agent; and

(C) conducts insurance activities under this chapter only

through an individual licensed under this section.

(b) The agent must:

(1) pay an application fee as determined by the department; and

(2) submit a properly completed license application.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.229(a),

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

402, Sec. 1, eff. January 1, 2006.

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

548, Sec. 2.09, eff. September 1, 2007.

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

730, Sec. 2E.132, eff. April 1, 2009.

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

87, Sec. 14.012, eff. September 1, 2009.

Sec. 981.204. CLASSIFICATION OF SURPLUS LINES AGENTS. The

department may classify surplus lines agents and issue a surplus

lines license to an agent in accordance with:

(1) a classification created under this section; and

(2) reasonable rules of the commissioner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.210. PLACEMENT OF COVERAGE. A surplus lines agent may

not place surplus lines coverage with an insurer unless:

(1) the insurer meets the eligibility requirements of Subchapter

B; and

(2) the stamping office provides evidence to the department that

the insurer meets those requirements.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.211. FINANCIAL CONDITION OF SURPLUS LINES INSURERS.

(a) A surplus lines agent must make a reasonable effort to

determine the financial condition of an eligible surplus lines

insurer before placing insurance with that insurer.

(b) A surplus lines agent may not knowingly place surplus lines

insurance with a financially unsound insurer.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.212. ACCEPTING SURPLUS LINES INSURANCE FROM OTHER

AGENTS. (a) A surplus lines agent may originate surplus lines

insurance or accept surplus lines insurance from another agent

who is licensed to handle the kind of insurance being accepted.

(b) A surplus lines agent who accepts surplus lines insurance

from an agent may share a commission with that agent.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.213. FILING CONTRACT WITH STAMPING OFFICE. A surplus

lines agent shall report to and file with the stamping office a

copy of each surplus lines insurance contract as provided in the

stamping office's plan of operation. The department may accept

that filing instead of the filings required under Section

981.105.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.214. COMPLIANCE WITH STAMPING OFFICE PLAN OF OPERATION.

A surplus lines agent shall comply with the stamping office's

plan of operation.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.215. SURPLUS LINES AGENT RECORDS. (a) A surplus lines

agent shall maintain a complete record of each surplus lines

contract obtained by the agent, including any of the following,

if applicable:

(1) a copy of the daily report;

(2) the amount of the insurance and risks insured against;

(3) a brief general description of the property insured and the

location of that property;

(4) the gross premium charged;

(5) the return premium paid;

(6) the rate of premium charged on the different items of

property;

(7) the contract terms, including the effective date;

(8) the insured's name and post office address;

(9) the insurer's name and home office address;

(10) the amount collected from the insured; and

(11) any other information required by the department.

(b) The surplus lines agent shall keep the record required by

this section open for examination by the department without

notice at any time until the third anniversary of the date the

surplus lines contract expires or is canceled.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.233(a),

eff. Sept. 1, 2003.

Sec. 981.216. ANNUAL REPORT. (a) Before March 1 of each year,

a surplus lines agent shall submit a report to the department for

the preceding calendar year.

(b) The commissioner shall adopt the form for the annual report.

(c) The annual report must:

(1) demonstrate that the amount of insurance obtained from each

eligible surplus lines insurer is only the amount that exceeds

the amount obtainable from an authorized insurer; and

(2) include any other information required by the commissioner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.217. NOTICE TO DEPARTMENT REQUIRED. (a) A surplus

lines agent shall notify the department not later than the 30th

day after the date any of the following occurs:

(1) balances due for more than 90 days to an eligible surplus

lines insurer or for more than 60 days to the agent acting on

behalf of the surplus lines insurer exceed $1 million or 10

percent of the insurer's policyholder surplus calculated on

December 31 of the preceding year;

(2) balances due for more than 60 days from a managing general

agent or a local recording agent appointed by or reporting to the

managing general agent exceed $500,000;

(3) authority to settle claims for an eligible surplus lines

insurer is withdrawn;

(4) funds held for an eligible surplus lines insurer for losses

are greater than $100,000 more than the amount necessary to pay

losses and loss adjustment expenses expected to be paid on behalf

of the insurer in the next 60-day period; or

(5) the agent's contract to act on behalf of a surplus lines

insurer is canceled or terminated.

(b) The commissioner shall adopt the form to be used under

Subsection (a).

(c) A surplus lines agent may comply with the notification

requirement under Subsections (a)(1), (2), and (4) by submitting

a single annual report if:

(1) the agent or applicable eligible surplus lines insurer

routinely operates beyond the limits provided by those

subdivisions; and

(2) the commissioner verifies that fact under a procedure

adopted by the commissioner.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.218. DEPARTMENT MONITORING OF SURPLUS LINES AGENTS.

The commissioner shall monitor the activities of surplus lines

agents as necessary to protect the public interest.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.228(b),

eff. Sept. 1, 2003.

Sec. 981.219. ADVERTISING. A surplus lines agent may advertise

regarding the agent's ability to place surplus lines insurance

permitted by this chapter.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003.

Sec. 981.220. MANAGING GENERAL AGENTS; LIMITED AUTHORITY OF

CERTAIN AGENTS. A surplus lines license granted to a managing

general agent who is not also licensed under Chapter 4051 is

limited to the acceptance of business originating through a

licensed general property and casualty agent. The license does

not authorize the agent to engage in business directly with the

insurance applicant.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.234(a),

eff. Sept. 1, 2003.

Amended by:

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

548, Sec. 2.10, eff. September 1, 2007.

Sec. 981.221. SUSPENSION OR REVOCATION OF LICENSE. If a license

holder does not maintain the qualifications necessary to obtain

the license, the department may revoke or suspend the license or

deny the renewal of that license in accordance with Chapter 4003

and Subchapters B and C, Chapter 4005.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.229(b), eff.

Sept. 1, 2003.

Amended by:

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

730, Sec. 2E.134, eff. April 1, 2009.

Sec. 981.222. APPLICABILITY OF OTHER LAW. In addition to the

requirements of this chapter, the administration and regulation

of a surplus lines agent's license is governed by Title 13,

except that the provisions of Sections 4001.002(b)(2)-(6),

4001.003, and 4001.004 and Subchapters C-G, Chapter 4001, do not

apply to a license issued under this subchapter.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.229(c), eff.

Sept. 1, 2003.

Amended by:

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

730, Sec. 2E.135, eff. April 1, 2009.