INSURANCE CODE

SUBTITLE D. TITLE INSURANCE MAINTENANCE FEES

CHAPTER 271. TITLE INSURANCE MAINTENANCE FEES


	§ 271.001.  APPLICABILITY OF CERTAIN DEFINITIONS.  In 
this chapter, a term defined by Chapter 2501 has the meaning 
assigned by that chapter.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.002.  MAINTENANCE FEE IMPOSED.  (a)  A maintenance 
fee is imposed on each insurer with gross premiums subject to 
assessment under Section 271.006.
	(b)  The maintenance fee is not a tax and shall be reported 
and paid separately from premium and retaliatory taxes.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.003.  DUPLICATION OF ASSESSMENT PROHIBITED WITH 
RESPECT TO TITLE INSURANCE AGENTS.  The maintenance fee is included 
in the division of premiums and may not be separately charged to a 
title insurance agent.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.004.  DETERMINING RATE OF ASSESSMENT.  (a)  The 
commissioner shall annually determine the rate of assessment of the 
maintenance fee.
	(b)  In determining the rate of assessment, the commissioner 
shall consider the requirement to reimburse the appropriate portion 
of the general revenue fund under Section 201.052.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.005.  MAXIMUM RATE;  ANNUAL ADJUSTMENT.  (a)  The 
rate of assessment set by the commissioner may not exceed one 
percent of the gross premiums subject to assessment under Section 
271.006.
	(b)  The commissioner shall annually adjust the rate of 
assessment of the maintenance fee so that the fee imposed that year, 
together with any unexpended funds produced by the fee, produces 
the amount the commissioner determines is necessary to pay the 
expenses during the succeeding year of regulating title insurance.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.006.  PREMIUMS SUBJECT TO ASSESSMENT.  An insurer 
shall pay maintenance fees under this chapter on the correctly 
reported gross premiums from writing title insurance in this state.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.007.  COLLECTION OF MAINTENANCE FEE.  The 
comptroller shall collect the maintenance fee.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.008.  DUTY TO ADVISE COMPTROLLER OF RATE.  The 
commissioner shall advise the comptroller of the applicable rate of 
assessment of the maintenance fee not later than the 45th day before 
the due date of the maintenance fee return for the period for which 
that fee is due.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.009.  EFFECT OF LATE ADVISEMENT OF 
RATE.  (a)  Except as provided by Subsection (b), if the 
commissioner does not advise the comptroller of the applicable rate 
of assessment of the maintenance fee by the date required by Section 
271.008, the rate of assessment is the rate imposed in the preceding 
period.
	(b)  If the commissioner advises the comptroller of the 
applicable rate of assessment after the fee has been assessed, the 
comptroller shall:
		(1)  advise each insurer in writing of the amount of any 
additional fees due;  or
		(2)  refund any excess fees paid.                                             

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.010.  DEPOSIT OF MAINTENANCE FEES.  (a)  The 
comptroller shall deposit maintenance fees collected under this 
chapter in the general revenue fund to be reallocated to the Texas 
Department of Insurance operating account.
	(b)  Amounts in the Texas Department of Insurance operating 
account may be transferred to the appropriate portion of the 
general revenue fund in accordance with Section 201.052.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.011.  MAINTENANCE FEE DUE DATES.  (a)  The insurer 
shall pay the maintenance fee on an annual, semiannual, or other 
periodic basis, as determined by the comptroller.
	(b)  The comptroller may require semiannual or other 
periodic payment only from an insurer whose maintenance fee 
liability under this chapter for the preceding year was at least 
$2,000.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.          


	§ 271.012.  RULES.  The commissioner may adopt 
reasonable rules to implement payments under this chapter.

Added by Acts 2003, 78th Leg., ch. 1274, § 1, eff. April 1, 2005.