INSURANCE CODE
CHAPTER 202. FEES
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
SUBCHAPTER B. SPECIFIC MAXIMUM FEES
§ 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, § 1, eff. April 1, 2005.
§ 202.052. FEES IMPOSED ON CERTAIN INSURERS. (a) The
department shall impose and the comptroller shall collect fees 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. The amount of the fees may not exceed:
(1) for valuing life insurance policies, and for each
$1 million of insurance or fraction thereof$10; and
(2) for filing the annual statement $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, § 1, eff. April 1, 2005.
SUBCHAPTER C. DEPOSIT AND USE OF FEES
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
