INSURANCE CODE

TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 201. COLLECTION OF REVENUE AND ADMINISTRATION OF FUNDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 201.001.  TEXAS DEPARTMENT OF INSURANCE OPERATING ACCOUNT.  (a)  The Texas Department of Insurance operating account is an account in the general revenue fund.  The account includes the following:
(1)  taxes and fees received by the commissioner or comptroller that are required by this code to be deposited to the credit of the account;  and
(2)  money or credits received by the department or commissioner from sales, reimbursements, and fees authorized by law other than this code, including money or credits received from:
(A)  charges for providing copies of public information under Chapter 552, Government Code;
(B)  the disposition of surplus or salvage property under Subchapters C and D, Chapter 2175, Government Code;
(C)  the sale of publications and other printed material under Section 2052.301, Government Code;
(D)  miscellaneous transactions and sources under Section 403.011 or 403.012, Government Code;
(E)  charges for postage spent to serve legal process under Section 17.025, Civil Practice and Remedies Code;
(F)  the comptroller involving warrants for which payment is barred under Chapter 404, Government Code;
(G)  sales or reimbursements authorized by the General Appropriations Act;  and
(H)  the sale of property purchased with money from the account or a predecessor fund or account.
(b)  The commissioner shall administer money in the account and may spend money from the account in accordance with state law, rules adopted by the commissioner, and the General Appropriations Act.
(c)  Money deposited to the credit of the account may be used for any purpose for which money in the account is authorized to be used by law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.002.  ACCOUNTING PROCEDURE.  The commissioner shall maintain a procedure to account for the receipt, disbursement, and allocation of money deposited in the Texas Department of Insurance operating account, including recordkeeping procedures adequate for:
(1)  the commissioner or comptroller, as applicable, to adjust the tax assessments and fee schedules as authorized by this code;  and
(2)  the state auditor to determine the source of all receipts and expenditures.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.003.  REFUNDS.  If the department determines that a person, firm, or corporation through mistake of law or fact erroneously paid or overpaid a fee or other amount of money, including any interest or penalty, administered or collected by the department, the department may refund the erroneous payment or overpayment by warrant on the state treasury from any funds appropriated for that purpose.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.004.  ELECTRONIC TRANSFERS.  (a)  The commissioner shall adopt rules for the electronic transfer of any fee, guarantee fund, or other money owed to or held for the benefit of this state that the department has the responsibility to administer under this code or another insurance law of this state.
(b)  The commissioner shall require the electronic transfer of any amount held or owed that exceeds $500,000.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.005.  TRANSFER OF SECURITIES.  (a)  A transfer by the department of any security that is held in any way by the department is not valid unless the transfer is countersigned by the comptroller.
(b)  The comptroller shall:
(1)  countersign any security transfer presented by the department;
(2)  keep a record of all transfers that includes:
(A)  the name of the transferee, unless the security is transferred in blank;  and
(B)  a description of the security;
(3)  when countersigning a security transfer, advise the company concerned by mail of the details of the transaction;  and
(4)  state, in the comptroller's annual report to the legislature, the countersigned transfers and the amount of the transfers.
(c)  To verify the correctness of records:
(1)  the department is entitled to free access to the comptroller's records kept under Subsection (b);  and
(2)  the comptroller is entitled to free access to the books and other department documents relating to securities held by the department.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. ADMINISTRATION

Sec. 201.051.  POWERS AND DUTIES OF COMPTROLLER.  (a)  Except as otherwise provided by this code or another insurance law of this state, the comptroller shall administer and enforce the provisions of this code and other insurance laws of this state that relate to the administration, collection, and reporting of taxes and certain fees and assessments imposed under this code or another insurance law of this state, as specifically provided by this code.
(b)  The comptroller may:
(1)  adopt rules to implement the administration, collection, reporting, and enforcement responsibilities assigned to the comptroller under this code or another insurance law of this state;  and
(2)  prescribe appropriate report forms, establish or alter tax report due dates not otherwise specifically prescribed by this code or another insurance law of this state, and otherwise adapt the functions transferred to the comptroller under Chapter 685, Acts of the 73rd Legislature, Regular Session, 1993, to increase efficiency and cost-effectiveness.
(c)  A rule adopted by the comptroller that relates to the administration, collection, reporting, or enforcement of taxes imposed under this code prevails over a conflicting rule, policy, or procedure established by the department, the commissioner, or otherwise.
(d)  Subtitles A and B, Title 2, Tax Code, apply to the administration, collection, and enforcement by the comptroller of taxes and certain fees and assessments under this code or another insurance law of this state.  Except as otherwise provided by this code, the powers granted to the comptroller under those provisions of the Tax Code do not limit and are exclusive of the powers granted to the department or the commissioner in relation to other fees and assessments under this code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.052.  REIMBURSEMENT.  (a)  The department shall reimburse the appropriate portion of the general revenue fund for the amount of expenses incurred by the comptroller in administering taxes imposed under this code or another insurance law of this state.
(b)  The comptroller shall certify to the commissioner the total amount of expenses estimated to be required to perform the comptroller's duties under this code or another insurance law of this state for each fiscal biennium.  The comptroller shall provide copies of the certification to the budget division of the governor's office and to the Legislative Budget Board.
(c)  The amount certified by the comptroller shall be transferred from the Texas Department of Insurance operating account to the appropriate portion of the general revenue fund.  It is the legislature's intent that money in the Texas Department of Insurance operating account to be transferred under this subsection should reflect the revenues from maintenance taxes paid by insurers under this code or another insurance law of this state.
(d)  In setting maintenance taxes for each fiscal year, the commissioner shall ensure that the amount of taxes imposed is sufficient to fully reimburse the appropriate portion of the general revenue fund for the amount of expenses incurred by the comptroller in administering taxes imposed under this code or another insurance law of this state.
(e)  If the amount of maintenance taxes collected is not sufficient to reimburse the appropriate portion of the general revenue fund for the amount of expenses incurred by the comptroller, other money in the Texas Department of Insurance operating account shall be used to reimburse the appropriate portion of the general revenue fund.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.053.  COOPERATION BETWEEN DEPARTMENT AND COMPTROLLER.  The commissioner and the comptroller shall cooperate fully in performing their respective duties under this code or another insurance law of this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.054.  INFORMATION SHARING;  FEDERAL IDENTIFICATION NUMBERS.  (a)  The department shall comply with each reasonable request from the comptroller relating to the sharing of information gathered or compiled in connection with functions the comptroller performs under this code or another insurance law of this state.
(b)  The department shall maintain a record of the federal identification number of each entity subject to regulation under this code or another insurance law of this state and shall include the appropriate number in any communication to or information shared with the comptroller relating to that entity.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.

Sec. 201.055.  FILING DATE OF REPORT OR PAYMENT DELIVERED BY POSTAL SERVICE.  Except as otherwise specifically provided, for a report, including a tax report, or payment that is required to be filed or made in the offices of the comptroller and that is delivered by the United States Postal Service to the offices of the comptroller after the date on which the report or payment is required to be filed or made, the date of filing or payment is the date of:
(1)  the postal service postmark stamped on the cover in which the report or payment is mailed;  or
(2)  any other evidence of mailing authorized by the postal service reflected on the cover in which the report or payment is mailed.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005.