2005 Texas Insurance Code CHAPTER 252. FIRE AND ALLIED LINES INSURANCE

INSURANCE CODE

CHAPTER 252. FIRE AND ALLIED LINES INSURANCE


	§ 252.001. MAINTENANCE TAX IMPOSED.  A maintenance tax is 
imposed on each authorized insurer with gross premiums subject to 
taxation under Section 252.003.  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, § 1, eff. April 1, 2005.          


	§ 252.002. MAXIMUM RATE;  ANNUAL ADJUSTMENT.  (a) The 
rate of assessment set by the commissioner may not exceed 1.25 
percent of the gross premiums subject to taxation under Section 
252.003.
	(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 during the succeeding year of regulating all classes of 
insurance specified under Subchapter C, Chapter 5.

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


	§ 252.003. PREMIUMS SUBJECT TO TAXATION.  An insurer 
shall pay maintenance taxes under this chapter on the correctly 
reported gross premiums collected from writing insurance in this 
state against loss or damage by:
		(1)  bombardment;                                                             
		(2)  civil war or commotion;                                                  
		(3)  cyclone;                                                                 
		(4)  earthquake;                                                              
		(5)  excess or deficiency of moisture;                                        
		(6)  explosion as defined by Article 5.52;                                    
		(7)  fire;                                                                    
		(8)  flood;                                                                   
		(9)  frost and freeze;                                                        
		(10)  hail;                                                                   
		(11)  insurrection;                                                           
		(12)  invasion;                                                               
		(13)  lightning;                                                              
		(14)  military or usurped power;                                              
		(15)  an order of a civil authority made to prevent the 
spread of a conflagration, epidemic, or catastrophe;
		(16)  rain;                                                                   
		(17)  riot;                                                                   
		(18)  the rising of the waters of the ocean or its 
tributaries;             
		(19)  smoke or smudge;                                                        
		(20)  strike or lockout;                                                      
		(21)  tornado;                                                                
		(22)  vandalism or malicious mischief;                                        
		(23)  volcanic eruption;                                                      
		(24)  water or other fluid or substance resulting from 
the breakage or leakage of sprinklers, pumps, or other apparatus 
erected for extinguishing fires, water pipes, or other conduits or 
containers;
		(25)  weather or climatic conditions;  or                                     
		(26)  windstorm.                                                              

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


	§ 252.004. MAINTENANCE TAX DUE DATES.  (a) The insurer 
shall pay the maintenance tax annually or semiannually, as 
determined by the comptroller.
	(b)  The comptroller may require semiannual or other 
periodic payment only from an insurer whose maintenance tax 
liability under this chapter for the previous tax year was at least 
$2,000.

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


	§ 252.005. EXCEPTION.                                                       

Text of section effective April 1, 2007
	This chapter does not apply to:                                                
		(1)  a farm mutual insurance company operating under 
Chapter 911;  or       
		(2)  a mutual insurance company engaged in business 
under Chapter 12, Title 78, Revised Statutes, before that chapter's 
repeal by Section 18, Chapter 40, Acts of the 41st Legislature, 1st 
Called Session, 1929, as amended by Section 1, Chapter 60, General 
Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, that 
retains the rights and privileges under the repealed law to the 
extent provided by those sections.

Added by Acts 2005, 79th Leg., ch. 727, § 13, eff. April 1, 2007.