<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 7CORPORATE AND FINANCIAL REGULATION
SUBCHAPTER MREGULATORY FEES
RULE §7.1301Regulatory Fees

(a) Regulated entities subject to fees. The regulated entities subject to the fees imposed by this section shall include all authorized insurers writing any class of insurance in this state which are regulated by the Insurance Code, Chapters 1-3, 6-20, 20A, 22, and 23. For filings and other actions received by the department on and after June 1, 2003, the Texas Department of Insurance shall charge these entities fees in amounts in accordance with the provisions of this section. Filings or other actions received by the department on or before June 1, 2003, shall be governed by this subchapter as it existed immediately prior to June 1, 2003.

(b) Fees for insurers with annual gross premium receipts less than $450,000. As provided in the Insurance Code, Article 4.07, any insurer to which the article applies and whose gross premium receipts are less than $450,000 according to its annual statement for the preceding year ending December 31, shall be required to pay only one-half the amount of the fees required to be paid under subsection (d) or subsection (e) of this section. The fees will be collected at the higher rate unless the applicant can provide the Texas Department of Insurance with satisfactory documentation that gross premium receipts were less than $450,000.

(c) Fees for specified filings pursuant to the Insurance Code, Article 3.42. Fees for specified filings pursuant to the Insurance Code, Article 3.42 are set forth in Chapter 3, Subchapter A of this title (relating to Submission Requirements for Filings and Departmental Actions Related to Such Filings) and shall be governed thereby.

(d) Fees for authorized insurers writing classes of insurance in this state which are regulated by the Insurance Code, Chapters 1-3, 6-20, 20A, 22, and 23. For the following filings and actions, the fees shall be as follows.

  (1) For classes of insurance for which statutory authority exists for collecting annual statement fees, the fee for filing annual statements shall be $250 unless otherwise specified.

  (2) For filing amendments to certificate of authority if charter is not amended, the fee shall be $50.

  (3) For reservation of name, the fee shall be $100.

  (4) For renewal of reservation of name, the fee shall be $25.

  (5) For filing application for admission of a foreign or alien insurance company, including issuance of certificate of authority, the fee shall be $2,000.

  (6) For filing original charter, including issuance of certificate of authority, the fee shall be $1,500.

  (7) For filing amendment to charter, including issuance of certificate of authority, if a hearing is held, the fee shall be $250.

  (8) For filing amendment to charter, including issuance of certificate of authority, if a hearing is not held, the fee shall be $125.

  (9) For filing designation of attorney for service of process or amendment thereto, the fee shall be $25.

  (10) For filing a total reinsurance agreement, the fee shall be $750.

  (11) For filing a partial reinsurance agreement, the fee shall be $150.

  (12) For filing a direct reinsurance agreement pursuant to the Insurance Code, Article 22.19, the fee shall be $150.

  (13) For filing for approval of reinsurance agreement pursuant to the Insurance Code, Article 21.26, the fee shall be $750.

  (14) For filing for approval of merger pursuant to the Insurance Code, Article 21.25, the fee shall be $750.

  (15) For accepting a security deposit, excluding deposits made pursuant to the Insurance Code, Article 3.16, the fee shall be $100.

  (16) For substitution/amendment of a security deposit, excluding deposits made pursuant to the Insurance Code, Article 3.16, the fee shall be $50.

  (17) For certification of statutory deposit, the fee shall be $10.

  (18) For filing notice of intent to relocate the books/records pursuant to the Insurance Code, Article 1.28, the fee shall be $150.

  (19) For filing restated articles of incorporation for domestic/foreign companies, the fee shall be $250.

  (20) For filing a statement pursuant to the Insurance Code, Article 21.49-1, §5, for the first $9,900,000 of the purchase price or consideration, the fee shall be $500.

  (21) For filing a statement pursuant to the Insurance Code, Article 21.49-1, §5, if the purchase price or consideration exceeds $9,900,000, an additional $250 for each $10 million exceeding $9,900,000 but not more than a $5,000 total fee.

  (22) For filing registration statement pursuant to the Insurance Code, Article 21.49-1, §3, the fee shall be $150.

  (23) For filing for review pursuant to the Insurance Code, Article 21.49-1, §4 or Article 22.15, the fee shall be $250.

  (24) For filing for an exemption pursuant to the Insurance Code, Article 21.49-1, §5(e), the fee shall be $250.

(e) Other fees established by the Insurance Code, Article 4.07. For the following filings, the fee shall be as follows.

  (1) For filing joint control agreement, the fee shall be $50.

  (2) For filing substitution/amendment to the joint control agreement, the fee shall be $20.

  (3) For filing a change in attorney in fact, the fee shall be $500.

(f) Administrative procedures.

  (1) When a reinsurance agreement or merger agreement is filed with the Texas Department of Insurance, as enumerated in subsection (d)(11)-(15) of this section, the ceding or merged company will be the company upon which the determination of the appropriate fee to be assessed will be based.

  (2) The fee relating to reinsurance transactions entered into pursuant to the Insurance Code, Article 21.49-1, §4, and subsection (d)(24) of this section shall be determined using the ceding company as a basis for such fee.

  (3) When an amendment to a reinsurance agreement between affiliated insurers is filed with the Texas Department of Insurance, as mentioned in paragraph (1) of this subsection, the ceding company will be the insurer upon which the determination of the appropriate fee to be charged will be based.

  (4) An amendment to the charter would constitute any change in the original charter, including, but not limited to, name change, home office change, increase in capital, conversion, and increase in lines.

  (5) The fee relating to affixing the official seal and certifying to the seal shall be applied to all requests for certification, irrespective of requesting party.

  (6) The fees for filing an acquisition statement pursuant to the Insurance Code, Article 21.49-1, §5 and subsection (d)(21) and (22) of this section shall apply to and be collected from the applicant whenever:

    (A) the applicant is a regulated entity subject to this section; or

    (B) the company being acquired is a regulated entity subject to this section.

(g) Fees pursuant to the Texas Health Maintenance Organization Act, §32. For the following filings and actions, the fees shall be as follows.

  (1) For filing original application for certificate of authority, the fee shall be $7,500.

  (2) For filing annual report, the fee shall be $250.

  (3) For all examinations made on behalf of the State of Texas by the Texas Department of Insurance or under its authority, the fee shall be in such amounts as the commissioner shall certify to be just and reasonable.

  (4) For filing evidence of coverage which requires approval, the fee shall be $100.

  (5) For filing required by rule but which do not require approval, the fee shall be $50.

(h) Fees under the Insurance Code, Article 23.08. For the following filings and actions, the fees shall be as follows.

  (1) For filing annual statement, the fee shall be $200.

  (2) For application for certificate of authority, the fee shall be $1,500.

  (3) For issuance of additional certificate of authority and amendment to same, the fee shall be $50.

(i) Fees for filings pursuant to the Insurance Code, Article 3.53. Fees for filings pursuant to the Insurance Code, Article 3.53 are set forth in Chapter 3, Subchapter A of this title and shall be governed thereby.

(j) Fees under the Insurance Code, Chapter 3. For the following filings and actions, the fees shall be as follows.

  (1) For valuing policies of life insurance, and for each $1 million of insurance or fraction thereof, $10.

  (2) For filing the annual statement, $250.


Source Note: The provisions of this §7.1301 adopted to be effective March 8, 1988, 13 TexReg 919; amended to be effective June 4, 1992, 17 TexReg 3784; amended to be effective March 22, 1995, 20 TexReg 1656; amended to be effective April 23, 1996, 21 TexReg 3190; amended to be effective June 1, 2003, 28 TexReg 3961

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar