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Texas Laws | Insurance Code
INSURANCE CODE
TITLE 10. PROPERTY AND CASUALTY INSURANCE

(B) alternative coverage from an insurer in violation of this code. (43447)

(b) An administrative violation under Subsection (a) is punishable by an administrative penalty not to exceed $5,000 assessed in accordance with the procedures established for an administrative violation under Chapter 415, Labor Code. (43448)

(c) Each day an administrative violation under Subsection (a)(2) occurs or continues is a separate violation. (43449)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43450)

Sec. 2051.153. LIABILITY OF POLICYHOLDER FOR ADDITIONAL PREMIUM. (43451)(Text)

(a) If a policyholder commits an administrative violation under Section 2051.152 and obtains workers' compensation insurance coverage at a premium that is less than the premium that would have been charged if the policyholder had not committed the administrative violation, the policyholder is liable to the insurer for: (43452)

(1) the difference between the premium due and the premium actually charged; and (43453)

(2) reasonable interest and attorney's fees. (43454)

(b) For the purposes of this section, "insurer" includes the Texas Mutual Insurance Company. (43455)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43456)

Sec. 2051.154. PROHIBITED ACT BY INSURER; ADMINISTRATIVE PENALTY. (43457)(Text)

(a) An insurer commits an administrative violation if the insurer directly or indirectly requires a person to apply for or purchase an insurance policy, other than a workers' compensation insurance policy, as a condition of issuing a workers' compensation insurance policy. (43458)

(b) An insurer that violates this section is subject to administrative penalties under Chapter 84. (43459)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43460)

Sec. 2051.155. SANCTION OF AGENT REQUIRED. (43461)(Text)

The commissioner shall impose a sanction in accordance with Chapter 82 against an agent who commits an administrative violation under Section 2051.152 or 2051.154. (43462)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43463)

Sec. 2051.156. CANCELLATION OF CERTIFICATE OF AUTHORITY REQUIRED. (43464)(Text)

The commissioner shall cancel an insurance company's certificate of authority to engage in the business of workers' compensation insurance in this state on a second conviction of an officer or representative of the company for violating a provision of a law referenced in Section 2051.002(1), (2), (3), (4), or (5) relating to that business. (43465)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43466)

Sec. 2051.157. PENALTY FOR CERTAIN VIOLATIONS. (43467)(Text)

An officer or other representative of an insurance company is subject to a fine of not less than $100 or more than $500 if the officer or other representative violates any provision of the following relating to the company's business: (43468)

(1) Subchapter A or B; (43469)

(2) Section 2051.156 or 2051.201; (43470)

(3) Chapter 426 or 2052; (43471)

(4) Subchapter A, C, or D, Chapter 2053; or (43472)

(5) Section 2053.051, 2053.052, 2053.053, or 2053.055. (43473)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43474)

Amended by: (43475)

Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2H.004, eff. April 1, 2009. (43476)

SUBCHAPTER E. RULES (43477)(Text)
Sec. 2051.201. RULEMAKING AUTHORITY: WORKERS' COMPENSATION INSURANCE. (43478)(Text)

The commissioner may adopt and enforce all reasonable rules as are necessary to carry out the provisions of a law referenced in Section 2051.002(1), (2), (3), (4), or (5). (43479)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43480)

CHAPTER 2052. POLICY PROVISIONS AND FORMS FOR WORKERS' COMPENSATION INSURANCE (43481)(Text)

Sec. 2052.001. DEFINITION. (43482)(Text)

In this chapter, "insurance company" means a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan authorized to engage in the business of workers' compensation insurance in this state. (43483)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43484)

Sec. 2052.002. STANDARD POLICY FORMS AND UNIFORM POLICY; EXCEPTIONS. (43485)(Text)

(a) The commissioner shall prescribe standard policy forms and a uniform policy for workers' compensation insurance. (43486)

(b) In writing workers' compensation insurance in this state, an insurance company may not use a form other than one prescribed under this section unless the form is an endorsement: (43487)

(1) appropriate to the company's plan of operation; and (43488)

(2) submitted to and approved by the department. (43489)

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007. (43490)

Sec. 2052.003. AGREEMENT REQUIRED TO BE CONTAINED IN APPLICATION AND POLICY. (43491)(Text)

(a) A contract or other agreement with respect to workers' compensation insurance coverage that is not contained in the application and policy required by this chapter violates this subtitle and is void. (43492)

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