Texas Insurance Code 101.053 – Application of Subchapter
(a) Sections 101.051 and 101.052 apply to an act whether performed by mail or otherwise. Venue for an act performed by mail is at the place where the matter transmitted by mail is delivered and takes effect.
(b) Sections 101.051 and 101.052 do not apply to:
(1) the lawful transaction of surplus lines insurance under Chapter 981;
(2) the lawful transaction of reinsurance by insurers;
(3) a transaction in this state that:
(A) involves a policy that:
(i) is lawfully solicited, written, and delivered outside this state; and
(ii) covers, at the time the policy is issued, only subjects of insurance that are not resident, located, or expressly to be performed in this state; and
(B) takes place after the policy is issued;
(4) a transaction:
(A) that involves an insurance contract independently procured by the insured from an insurance company not authorized to do insurance business in this state through negotiations occurring entirely outside this state;
(B) that is reported; and
(C) on which premium tax, if applicable, is paid in accordance with Chapter 226;
(5) a transaction in this state that:
(A) involves group life, health, or accident insurance, other than credit insurance, and group annuities in which the master policy for the group was lawfully issued and delivered in a state in which the insurer or person was authorized to do insurance business; and
(B) is authorized by a statute of this state;
(6) an activity in this state by or on the sole behalf of a nonadmitted captive insurance company that insures solely:
(A) directors’ and officers’ liability insurance for the directors and officers of the company’s parent and affiliated companies;
(B) the risks of the company’s parent and affiliated companies; or
(C) both the individuals and entities described by Paragraphs (A) and (B);
(7) the issuance of a qualified charitable gift annuity under Chapter 102; or
(8) a lawful transaction by a servicing company of the Texas workers’ compensation employers’ rejected risk fund under Section 4.08, Article 5.76-2, as that article existed before its repeal.
Terms Used In Texas Insurance Code 101.053
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Contract: A legal written agreement that becomes binding when signed.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
- Venue: The geographical location in which a case is tried.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Subsection (b)(6) does not exempt an insured or insurer from the payment of an applicable tax on premium or from another applicable provision of this code.