2019 Texas Statutes
Insurance Code
Title 2 - Texas Department of Insurance
Subtitle A - Administration of the Texas Department of Insurance
Chapter 40 - Duties of State Office of Administrative Hearings and Commissioner in Certain Proceedings; Rate Setting Proceedings
Subchapter A. General Provisions
Section 40.003. Application of Chapter; Exceptions
Sec. 40.003. APPLICATION OF CHAPTER; EXCEPTIONS. (a) This chapter applies only to a hearing required to be held before a decision may be rendered or action taken by the commissioner or the department.
(b) If a provision of this code or another insurance law of this state requires that the commissioner take an action at a hearing subject to this chapter, the commissioner shall take the action after receipt of a proposal for decision from the office regarding the hearing conducted by the office.
(c) This chapter does not apply to a proceeding conducted under Chapter 201 or to a proceeding relating to:
(1) approving or reviewing rates or rating manuals filed by an individual company, unless the rates or manuals are contested;
(2) adopting a rule;
(3) adopting or approving a policy form or policy form endorsement;
(4) adopting or approving a plan of operation for an organization subject to the jurisdiction of the department;
(5) adopting a presumptive rate under Chapter 1153; or
(6) a workers' compensation claim brought under Title 5, Labor Code.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1318, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.057, eff. September 1, 2005.
