Texas Insurance Code 4151.107 – Delivery or Deposit of Certain Funds Received by Administrator
(a) On receiving a premium, contribution, or return premium, an administrator shall:
(1) timely deliver the funds to the person entitled to the funds according to terms of the written agreement; or
(2) promptly deposit the funds in a fiduciary bank account established and maintained by the administrator.
(b) If premiums or contributions deposited in a fiduciary bank account were collected on behalf of more than one insurer, plan, or plan sponsor, the administrator shall:
(1) maintain records that clearly record separately the deposits to and withdrawals from the account on behalf of each insurer, plan, or plan sponsor; and
(2) on request of an insurer, plan, or plan sponsor, provide to the insurer, plan, or plan sponsor a copy of the records relating to deposits and withdrawals on behalf of that insurer or plan.
Terms Used In Texas Insurance Code 4151.107
- Fiduciary: A trustee, executor, or administrator.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The requirements of Subsection (b):
(1) are in addition to requirements of any other federal or state law; and
(2) do not authorize the commingling of funds if otherwise prohibited by law.