CHAPTER 202. FEES
INSURANCE CODE
TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 202. FEES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 202.001. APPLICABILITY OF CHAPTER. Except as provided by
Section 202.052, the insurers that are subject to a fee imposed
under this chapter include:
(1) stock insurance companies;
(2) mutual insurance companies;
(3) local mutual aid associations;
(4) statewide mutual assessment companies;
(5) group hospital service corporations; and
(6) stipulated premium companies.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 202.002. DETERMINATION OF FEES. The department shall,
subject to the limits established by this chapter, set the amount
of the fees imposed under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 202.003. FEES FOR COPIES. (a) The department shall set
and collect a fee for copying any paper of record with the
department. The fee shall be set in an amount sufficient to
reimburse the state for the actual expense.
(b) The department may make and distribute copies of a paper
containing rating information without charge or for a fee that
the commissioner considers appropriate for administering the
premium rating laws by properly distributing rating information.
(c) This section does not affect Article 5.29.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 202.004. REDUCED FEES FOR CERTAIN INSURERS. An insurer to
which this chapter applies that had gross premium receipts of
less than $450,000, according to the insurer's annual statement
for the preceding year ending December 31, is required to pay
only one-half the amount of a fee otherwise required to be paid
under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
SUBCHAPTER B. SPECIFIC MAXIMUM FEES
Sec. 202.051. GENERAL FEES IMPOSED ON INSURERS. The department
shall impose and receive fees for the use of the state from each
authorized insurer writing insurance in this state. The amount of
the fees may not exceed:
(1) for filing an amendment to a certificate of authority if the
charter is not amended
$100;
(2) for affixing the official seal and certifying to the seal
$20;
(3) for reservation of name
$200;
(4) for renewal of reservation of name
$50;
(5) for filing an application for admission of a foreign or
alien insurer
$4,000;
(6) for filing an original charter of an insurer, including
issuance of a certificate of authority
$3,000;
(7) for filing an amendment to a charter if a hearing is held
$500;
(8) for filing an amendment to a charter if a hearing is not
held
$250;
(9) for filing a designation of an attorney for service of
process or an amendment of a designation
$50;
(10) for filing a copy of a total reinsurance agreement
$1,500;
(11) for filing a copy of a partial reinsurance agreement
$300;
(12) for accepting a security deposit
$200;
(13) for substitution or amendment of a security deposit
$100;
(14) for certification of a statutory deposit
$20;
(15) for filing a notice of intent to locate books and records
outside this state under Chapter 803
$300;
(16) for filing a statement under Subchapters D and E, Chapter
823, for the first $9.9 million of the consideration
$1,000;
(17) for filing a statement under Subchapters D and E, Chapter
823, if the amount of the consideration exceeds $9.9 million . .
. an additional $500 for each additional $10 million of the
consideration that exceeds $9.9 million, but not more than a
total amount of $10,000 under this subdivision and Subdivision
(16);
(18) for filing a registration statement under Subchapter B,
Chapter 823
$300;
(19) for filing for review under Subchapter C, Chapter 823, or
Subchapter L, Chapter 884
$500;
(20) for filing a direct reinsurance agreement under Subchapter
K, Chapter 884
$300;
(21) for filing for approval of a merger under Chapter 824
$1,500;
(22) for filing for approval of reinsurance under Chapter 828
$1,500;
(23) for filing restated articles of incorporation for a
domestic, foreign, or alien insurer
$500;
(24) for filing a joint control agreement
$100;
(25) for filing a substitution or amendment to a joint control
agreement
$40; and
(26) for filing a change of attorney in fact
$500.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 202.052. FEES IMPOSED ON CERTAIN INSURERS. (a) The
department shall impose and the comptroller shall collect a fee
for the use of the state from each authorized insurer writing a
class of insurance that may be written by an insurer operating
under Chapter 841 for filing of the insurer's annual statement.
The amount of the fee may not exceed $500.
(b) Subtitles A and B, Title 2, Tax Code, apply to a fee
collected under this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1039, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. DEPOSIT AND USE OF FEES
Sec. 202.101. DEPOSIT AND USE OF FEES GENERALLY. Amounts
collected under Section 202.051:
(1) shall be deposited to the credit of the Texas Department of
Insurance operating account; and
(2) may be appropriated only for the use and benefit of the
department as provided by the General Appropriations Act to pay
salaries and other expenses arising from and in connection with
investigations of violations of the insurance laws of this state
and the examination or licensing of insurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 202.102. DEPOSIT AND USE OF CERTAIN OTHER FEES. Amounts
collected by the comptroller under Section 202.052:
(1) shall be deposited to the credit of the general revenue
fund; and
(2) are available for appropriation to the department as
provided by the General Appropriations Act to pay salaries and
other expenses arising from investigations of violations of the
insurance laws of this state and the examination or licensing of
insurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.