Texas Insurance Code 36.004 – Compliance With National Association of Insurance Commissioners Requirements; Rules
(a) Except as provided by Subsection (c) and Section 36.005, the department may not require an insurer to comply with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners, including a rule, regulation, directive, or standard relating to policy reserves, unless application of the rule, regulation, directive, or standard is expressly authorized by statute.
(b) For purposes of Subsection (a), a version of a rule, regulation, directive, or standard is expressly authorized by statute if:
(1) the statute explicitly authorizes the commissioner to adopt rules consistent with the rule, regulation, directive, or standard; or
(2) that version is the latest version of the rule, regulation, directive, or standard on the date that the statute was enacted.
Terms Used In Texas Insurance Code 36.004
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The commissioner may adopt a rule to require compliance with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners if:
(1) the commissioner finds the rule is technical or nonsubstantive in nature or necessary to preserve the department’s accreditation; and
(2) before the adoption of the rule, the commissioner provides the standing committees of the senate and house of representatives with primary jurisdiction over the department with written notice of the commissioner’s intent to adopt the rule.