CHAPTER 259. THIRD-PARTY ADMINISTRATORS
INSURANCE CODE
TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES
SUBTITLE C. INSURANCE MAINTENANCE TAXES
CHAPTER 259. THIRD-PARTY ADMINISTRATORS
Sec. 259.001. DEFINITIONS. In this chapter:
(1) "Administrative or service fees" means all consideration,
fees, assessments, payments, reimbursements, dues, and other
compensation received for services as an administrator during a
calendar year. The term does not include sales commissions.
(2) "Administrator" has the meaning assigned by Section
4151.001.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 259.002. MAINTENANCE TAX IMPOSED. A maintenance tax is
imposed on each authorized administrator with administrative or
service fees subject to taxation under Section 259.004. The tax
required by this chapter is in addition to other taxes imposed
that are not in conflict with this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 259.003. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The rate of
assessment set by the commissioner may not exceed one percent of
the administrative or service fees subject to taxation under
Section 259.004.
(b) The commissioner shall annually adjust the rate of
assessment of the maintenance tax so that the tax imposed that
year, together with any unexpended funds produced by the tax,
produces the amount the commissioner determines is necessary to
pay the expenses of regulating administrators.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 259.004. ADMINISTRATIVE AND SERVICE FEES SUBJECT TO
TAXATION. An administrator shall pay maintenance taxes under
this chapter on the administrator's correctly reported
administrative or service fees.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 259.005. MAINTENANCE TAX DUE DATES. The administrator
shall pay the maintenance tax annually, semiannually, or on
another periodic basis, as determined by the comptroller.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.