Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,002
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Austin, Texas 78714-9104. An additional copy of the comments
should be submitted simultaneously to Betty Patterson, Se-
nior Associate Commissioner, Financial Program, Mail Code
305-2A, Texas Department of Insurance, P. O. Box 149099,
Austin, Texas 78714-9099. A request for a public hearing on
the proposal should be submitted separately to the Office of the
Chief Clerk.
The new section is proposed under the Insurance Code
802.001 - 802.003 and 802.051 - 802.056, which authorize
the commissioner to make changes in the forms of the annual
statements required of insurance companies of any kind,
as shall seem best adapted to elicit a true exhibit of their
condition and methods of transacting business, and require
certain insurers to make filings with the National Association
of Insurance Commissioners; Articles 21.49 and 21.54 and
841.255, 842.003, 842.201, 842.202, 843.151, 843.155,
861.254, 861.255, 862.001, 862.003, 882.001, 882.003,
883.002, 883.204, 884.256, 885.401, 885.403 - 885.406,
887.009, 887.060, 887.401 - 887.407, 911.001, 911.304,
912.002, 912.201 - 912.203, 912.301, 941.252, 942.201,
961.002, 961.003, 961.052, 961.202, 982.004, 982.251 -
982.254, 982.004, 982.101, 982.103, 984.101 - 984.103,
984.153, 984.201, 984.202, 1506.057, 2551.001 which require
the filing of financial reports and other information by insurers
and other regulated entities and provide specific rulemaking
authority to the commissioner relating to those insurers and
other regulated entities; 982.001, 982.002, 982.004, 982.052,
982.102 - 982.104, 982.106, 982.108, 982.110 - 982.112,
982.201 - 982.204, 982.251 - 982.255, 982.302 - 982.306,
which provide the conditions under which foreign insurers
are permitted to do business in this state and require foreign
insurers to comply with the provisions of the Insurance Code;
844.001 - 844.005, 844.051 - 844.054, and 844.101 which
authorize the commissioner to adopt rules to implement the
regulation of nonprofit health corporations holding a certificate
of authority under Insurance Code, Title 2, Chapter 844; Article
21.39 which requires insurers to establish adequate reserves
and provides for the adoption of each current formula for
establishing reserves applicable to each line of insurance;
32.041 which requires the department to furnish the statement
blanks and other reporting forms necessary for companies to
comply with the filing requirements; and 36.001 which provides
that the commissioner may adopt any rules necessary and
appropriate to implement the powers and duties of the Texas
Department of Insurance under the Insurance Code and other
laws of this state.
The following articles and sections of the Insurance Code will
be affected by this proposed section: Articles 21.39 and 21.54,
32.041, 802.001 - 802.003, 802.051 - 802.056, 841.255,
842.003, 842.201, 842.202, 843.151, 843.155, 844.001 -
844.005, 844.051 - 844.054, 844.101, 861.254, 861.255,
862.001, 862.003, 882.001, 882.003, 883.002, 883.204,
884.256, 885.401, 885.403 - 885.406, 886.107, 887.009,
887.060, 887.401 - 887.407, 911.001, 911.304, 912.002,
912.201 - 912.203, 912.301, 941.252, 942.201, 961.002.
961.003, 961.052, 961.202, 982.001, 982.002, 982.004,
982.052, 982.101, 982.102, 982.103, 982.104 982.106,
982.108, 982.110 - 982.112, 982.251 - 982.255, 982.302 -
982.306, 984.153, 984.201, 984.202, 1506.057, and 2551.001.
7.68. Requirements for Filing the 2005 Quarterly and 2005 Annual
Statements, Other Reporting Forms, and Electronic Data Filings with
the Texas Department of Insurance and the NAIC.(a) Scope. This section specifies the requirements for insur-
ers and other regulated entities for filing the 2005 quarterly statements,
2005 annual statement, other reporting forms, and electronic data fil-
ings with the Texas Department of Insurance (department) and the Na-
tional Association of Insurance Commissioners (NAIC) necessary to
report information concerning the financial condition and business op-
erations and activities of insurers. This section applies to all insurers
and certain other regulated entities authorized to do the business of
insurance in this state and includes, but is not limited to, life insur-
ers; accident insurers; life and accident insurers; life and health in-
surers; accident and health insurers; life, accident and health insur-
ers; mutual life insurers; stipulated premium insurers; group hospi-
tal service corporations; fire insurers; fire and marine insurers; U.S.
branches of an alien insurers; Mexican casualty insurers; general ca-
sualty insurers; fire and casualty insurers; mutual insurers other than
life; statewide mutual assessment companies; local mutual aid associ-
ations; mutual burial associations; exempt associations; county mutual
insurers; Lloyd's plans; reciprocal and inter-insurance exchanges; do-
mestic risk retention groups; domestic joint underwriting associations;
title insurers; fraternal benefit societies; farm mutual insurers; health
maintenance organizations; nonprofit health corporations; nonprofit le-
gal services corporations; the Texas Health Insurance Risk Pool; the
Texas Mutual Insurance Company; the Texas Windstorm Insurance
Association; and the Texas FAIR Plan Association. The commissioner
adopts by reference the 2005 quarterly statement blanks, the 2005 an-
nual statement blanks and the related instruction manuals published
by the NAIC, and other supplemental reporting forms specified in
this section. The forms are available from the Texas Department of
Insurance, Financial Analysis and Examinations Activity, Mail Code
303-1A, P. O. Box 149104, Austin, Texas 78714-9104. The NAIC
annual and quarterly statement blanks and other NAIC supplemen-
tal reporting forms can be produced as part of the annual statement
software available from vendors. Insurers and other regulated entities
shall properly report to the department and the NAIC by completing,
in accordance with applicable instructions, the appropriate annual and
quarterly statement blanks, other reporting forms, and electronic data
filings.
(b) Definition. In this section "Texas Edition" refers to the
blanks and forms promulgated by the commissioner.
(c) Conflicts with other laws. In the event of a conflict be-
tween the Insurance Code, any currently existing department rule,
form, instructions, or any specific requirement of this section and the
NAIC instructions listed in this section, the Insurance Code, the depart-
ment rule, form, instruction, or the specific requirement of subsections
of this section shall take precedence and in all respects control.
(d) Filing requirements for life, accident and health insurers.
Each life, life and accident, life and health, accident, accident and
health, mutual life, or life, accident and health insurance company,
stipulated premium insurance company, group hospital service corpo-
ration, and the Texas Health Insurance Risk Pool shall complete and
file the blanks, forms, or electronic data filings as directed in this sub-
section. This subsection does not apply to entities licensed as health
maintenance organizations under Insurance Code Chapter 843. Insur-
ers specified in this subsection and engaged in business authorized
under Insurance Code Chapter 843 may have additional reporting re-
quirements under subsection (h) of this section. Insurers described
under this subsection may elect to file on the 2005 Health Quarterly
Statement for the three quarters of 2005 and the 2005 Health Annual
Statement if the insurer passes the Health Statement Test as outlined in
the "2005 Annual Statement, Health Instructions." If a reporting entity
qualifies under this subsection to use the 2005 Health Annual State-
ment, it must continue to use that annual statement for a minimum of
three years or obtain written approval from the department to change30 TexReg 7002 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/29/?q=%22%22~1&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.