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
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
SUBCHAPTER B. ADMINISTRATION
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
