CHAPTER 201. COLLECTION OF REVENUE AND ADMINISTRATION OF FUNDS
INSURANCE CODE
TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 201. COLLECTION OF REVENUE AND ADMINISTRATION OF FUNDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 201.001. TEXAS DEPARTMENT OF INSURANCE OPERATING ACCOUNT.
(a) The Texas Department of Insurance operating account is an
account in the general revenue fund. The account includes the
following:
(1) taxes and fees received by the commissioner or comptroller
that are required by this code to be deposited to the credit of
the account; and
(2) money or credits received by the department or commissioner
from sales, reimbursements, and fees authorized by law other than
this code, including money or credits received from:
(A) charges for providing copies of public information under
Chapter 552, Government Code;
(B) the disposition of surplus or salvage property under
Subchapters C and D, Chapter 2175, Government Code;
(C) the sale of publications and other printed material under
Section 2052.301, Government Code;
(D) miscellaneous transactions and sources under Section 403.011
or 403.012, Government Code;
(E) charges for postage spent to serve legal process under
Section 17.025, Civil Practice and Remedies Code;
(F) the comptroller involving warrants for which payment is
barred under Chapter 404, Government Code;
(G) sales or reimbursements authorized by the General
Appropriations Act; and
(H) the sale of property purchased with money from the account
or a predecessor fund or account.
(b) The commissioner shall administer money in the account and
may spend money from the account in accordance with state law,
rules adopted by the commissioner, and the General Appropriations
Act.
(c) Money deposited to the credit of the account may be used for
any purpose for which money in the account is authorized to be
used by law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.002. ACCOUNTING PROCEDURE. The commissioner shall
maintain a procedure to account for the receipt, disbursement,
and allocation of money deposited in the Texas Department of
Insurance operating account, including recordkeeping procedures
adequate for:
(1) the commissioner or comptroller, as applicable, to adjust
the tax assessments and fee schedules as authorized by this code;
and
(2) the state auditor to determine the source of all receipts
and expenditures.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.003. REFUNDS. If the department determines that a
person, firm, or corporation through mistake of law or fact
erroneously paid or overpaid a fee or other amount of money,
including any interest or penalty, administered or collected by
the department, the department may refund the erroneous payment
or overpayment by warrant on the state treasury from any funds
appropriated for that purpose.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.004. ELECTRONIC TRANSFERS. (a) The commissioner shall
adopt rules for the electronic transfer of any fee, guarantee
fund, or other money owed to or held for the benefit of this
state that the department has the responsibility to administer
under this code or another insurance law of this state.
(b) The commissioner shall require the electronic transfer of
any amount held or owed that exceeds $500,000.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.005. TRANSFER OF SECURITIES. (a) A transfer by the
department of any security that is held in any way by the
department is not valid unless the transfer is countersigned by
the comptroller.
(b) The comptroller shall:
(1) countersign any security transfer presented by the
department;
(2) keep a record of all transfers that includes:
(A) the name of the transferee, unless the security is
transferred in blank; and
(B) a description of the security;
(3) when countersigning a security transfer, advise the company
concerned by mail of the details of the transaction; and
(4) state, in the comptroller's annual report to the
legislature, the countersigned transfers and the amount of the
transfers.
(c) To verify the correctness of records:
(1) the department is entitled to free access to the
comptroller's records kept under Subsection (b); and
(2) the comptroller is entitled to free access to the books and
other department documents relating to securities held by the
department.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
SUBCHAPTER B. ADMINISTRATION
Sec. 201.051. POWERS AND DUTIES OF COMPTROLLER. (a) Except as
otherwise provided by this code or another insurance law of this
state, the comptroller shall administer and enforce the
provisions of this code and other insurance laws of this state
that relate to the administration, collection, and reporting of
taxes and certain fees and assessments imposed under this code or
another insurance law of this state, as specifically provided by
this code.
(b) The comptroller may:
(1) adopt rules to implement the administration, collection,
reporting, and enforcement responsibilities assigned to the
comptroller under this code or another insurance law of this
state; and
(2) prescribe appropriate report forms, establish or alter tax
report due dates not otherwise specifically prescribed by this
code or another insurance law of this state, and otherwise adapt
the functions transferred to the comptroller under Chapter 685,
Acts of the 73rd Legislature, Regular Session, 1993, to increase
efficiency and cost-effectiveness.
(c) A rule adopted by the comptroller that relates to the
administration, collection, reporting, or enforcement of taxes
imposed under this code prevails over a conflicting rule, policy,
or procedure established by the department, the commissioner, or
otherwise.
(d) Subtitles A and B, Title 2, Tax Code, apply to the
administration, collection, and enforcement by the comptroller of
taxes and certain fees and assessments under this code or another
insurance law of this state. Except as otherwise provided by this
code, the powers granted to the comptroller under those
provisions of the Tax Code do not limit and are exclusive of the
powers granted to the department or the commissioner in relation
to other fees and assessments under this code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.052. REIMBURSEMENT. (a) The department shall
reimburse the appropriate portion of the general revenue fund for
the amount of expenses incurred by the comptroller in
administering taxes imposed under this code or another insurance
law of this state.
(b) The comptroller shall certify to the commissioner the total
amount of expenses estimated to be required to perform the
comptroller's duties under this code or another insurance law of
this state for each fiscal biennium. The comptroller shall
provide copies of the certification to the budget division of the
governor's office and to the Legislative Budget Board.
(c) The amount certified by the comptroller shall be transferred
from the Texas Department of Insurance operating account to the
appropriate portion of the general revenue fund. It is the
legislature's intent that money in the Texas Department of
Insurance operating account to be transferred under this
subsection should reflect the revenues from maintenance taxes
paid by insurers under this code or another insurance law of this
state.
(d) In setting maintenance taxes for each fiscal year, the
commissioner shall ensure that the amount of taxes imposed is
sufficient to fully reimburse the appropriate portion of the
general revenue fund for the amount of expenses incurred by the
comptroller in administering taxes imposed under this code or
another insurance law of this state.
(e) If the amount of maintenance taxes collected is not
sufficient to reimburse the appropriate portion of the general
revenue fund for the amount of expenses incurred by the
comptroller, other money in the Texas Department of Insurance
operating account shall be used to reimburse the appropriate
portion of the general revenue fund.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.053. COOPERATION BETWEEN DEPARTMENT AND COMPTROLLER.
The commissioner and the comptroller shall cooperate fully in
performing their respective duties under this code or another
insurance law of this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.054. INFORMATION SHARING; FEDERAL IDENTIFICATION
NUMBERS. (a) The department shall comply with each reasonable
request from the comptroller relating to the sharing of
information gathered or compiled in connection with functions the
comptroller performs under this code or another insurance law of
this state.
(b) The department shall maintain a record of the federal
identification number of each entity subject to regulation under
this code or another insurance law of this state and shall
include the appropriate number in any communication to or
information shared with the comptroller relating to that entity.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 201.055. FILING DATE OF REPORT OR PAYMENT DELIVERED BY
POSTAL SERVICE. Except as otherwise specifically provided, for a
report, including a tax report, or payment that is required to be
filed or made in the offices of the comptroller and that is
delivered by the United States Postal Service to the offices of
the comptroller after the date on which the report or payment is
required to be filed or made, the date of filing or payment is
the date of:
(1) the postal service postmark stamped on the cover in which
the report or payment is mailed; or
(2) any other evidence of mailing authorized by the postal
service reflected on the cover in which the report or payment is
mailed.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.