|(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Annual statement--A comprehensive statement, in
the format promulgated by the National Association of Insurance Commissioners
(NAIC), of an insurer's financial condition, business operations,
and activities, required to be filed with state insurance departments
and the NAIC.
(2) Insurer--An insurance entity that is authorized
to engage in business in this state, including a stock company, mutual,
farm mutual, county mutual, Lloyd's plan, or reciprocal or interinsurance
exchange, as of the assessment date.
(3) Net direct premium--The total gross direct premium
written by an insurer, as reported to the Texas Department of Insurance
and reflected on the insurer's NAIC Annual Statement State Page Exhibit
(A) policies of:
(i) homeowner's insurance;
(ii) fire insurance;
(iii) farm and ranch owner's insurance;
(iv) private passenger automobile physical damage insurance;
(v) commercial automobile physical damage insurance;
(B) the nonliability portion of a commercial multiple
(4) Twelve-month period--The time period from January
1 through December 31, which is the same as the tax year and NAIC
Annual Statement period.
(b) Calculation of the assessment. Effective beginning
with tax year 2013, the comptroller shall assess against all insurers
to which this section applies amounts necessary for each fiscal year,
as determined by the Commissioner of Insurance, to collect a combined
total equal to the lesser of the total amount that the General Appropriations
Act appropriates from the volunteer fire department assistance fund
account in the general revenue fund for that state fiscal year or
$30 million. The comptroller will use the following formula, based
on premium data provided by the Texas Department of Insurance that
was compiled from the NAIC Annual Statements filed by insurers, to
calculate the amount of each insurer's assessment:
(c) Billing date and due date. The comptroller will
bill the assessment on or before May 31. Payment of the assessment
is due by August 1.
(d) Enforcement provisions. Tax Code, Title 2, Subtitles
A and B, apply to the comptroller's administration, collection, and
enforcement of the assessment under Insurance Code, Chapter 2007.
(e) Retaliatory taxes. The assessment may not be included
on the retaliatory tax worksheet since insurers may recoup the assessment
(f) Recoupment of assessment. An insurer may recover
an assessment under this section as provided under Insurance Code, §2007.005.
An insurer that recovers the assessment from its policyholders is
required by Insurance Code, §2007.006 to provide notice to each
policyholder regarding the amount of the assessment being recovered
on the declarations page, the renewal certificate, or a billing statement.
(g) Assessment final date. The amount that is assessed
an insurer under Insurance Code, Chapter 2007, is final as of the
date the billings are generated by the comptroller. The comptroller
will not recalculate the amount due under this section to reflect
any amendments to an insurer's Annual Statement. The assessment under
Insurance Code, Chapter 2007 is not a deficiency determination under
Tax Code, §111.008.
|Source Note: The provisions of this §3.834 adopted to be effective September 25, 2002, 27 TexReg 8956; amended to be effective March 30, 2008, 33 TexReg 2552; amended to be effective July 1, 2013, 38 TexReg 4186