SECTION 3.5. Filing Authorities and Categories

(a) All filings submitted pursuant to this subchapter must be identified under specific filing authorities as defined by the Insurance Code or Administrative Code. The authorities under which all filings are identified are described in paragraphs (1) - (4) of this subsection as follows:

(1) review pursuant to Insurance Code §1701.054;

(2) file and use pursuant to Insurance Code §1701.052; however, any form that has been previously disapproved pursuant to §3.7(d) of this title (relating to Form Acceptance and Procedures) is not eligible for filing under this category;

(3) exempt pursuant to Insurance Code §1701.005 and Subchapter Z of this title (relating to Exemption from Review and Approval of Certain Life, Accident, Health and Annuity Forms and Expedition of Review); and

(4) credit life insurance or credit accident and health insurance pursuant to Insurance Code Chapters 1131, 1153, and 1251.

(b) Each filing submitted pursuant to subsection (a) of this section shall be identified according to the category of filing. The filing categories are described as follows:

(1) Informational. A filing that is submitted for informational purposes only and is not subject to approval.

(2) Substantially Similar to a Previously Approved Form. A filing that is substantially similar to a form that was previously approved by the department. This type of filing requires the information and certification specified in §3.6(a)(3) of this subchapter (relating to Certifications, Attachments, and Additional Information Requirements).

(3) Exact Copy of a Previously Approved Form. A filing which, except for the company's name, address, telephone number, or other similar identification information, is an exact copy of a form that was previously approved by the department and is still compliant with current statutes and regulations. This type of filing requires the information and certifications specified in §3.6(a)(3) of this subchapter.

(4) Substitution of a Previously Approved or Exempted Form that has Never Been Issued or Used in Texas. A filing which substitutes a form previously approved or exempted by the department wherein the previously approved or exempted form has not been issued, or otherwise used in Texas, and will not be used in Texas at any time by the company. This type of filing requires the information and certifications specified in §3.6(a)(4) of this subchapter and the form number must be the same as the originally approved form.

(5) Correction to a Pending Form. A filing containing corrections to a pending form submitted subsequent to the company receiving notification of the form's deficiencies from the department. This type of filing requires the information and certifications specified in §3.6(a)(5) of this subchapter, and is subject to the requirements set forth in §3.7(c) and (e)(1) of this subchapter.

(6) Resubmission of a Previously Disapproved Form. A filing containing corrections to a form subsequent to the company receiving a disapproval letter from the department. This type of filing requires the information and certifications specified in §3.6(a)(6) of this subchapter.

Source Note: The provisions of this §3.5 adopted to be effective June 1, 2003, 28 TexReg 3954; amended to be effective April 26, 2021, 46 TexReg 2822