SECTION 7.1301. Regulatory Fees

(a) Regulated entities subject to fees. The regulated entities subject to the fees imposed by this section include all authorized insurers writing any class of insurance in this state which are regulated by Insurance Code Titles 2 and 6 - 12. For filings and other actions received by the department on and after the effective date of this section, the Texas Department of Insurance (department) will charge these entities fees in amounts in accordance with the provisions of this section. Filings or other actions received by the department before the effective date of this section will be governed by this subchapter as it existed immediately prior to that date.

(b) Fees for insurers with annual gross premium receipts less than $450,000. As provided in Insurance Code §202.004, any insurer to which Insurance Code Chapter 202 applies and whose gross premium receipts are less than $450,000 according to its annual statement for the preceding year ending December 31, is required to pay only one-half the amount of the fees required to be paid under subsection (d) or subsection (e) of this section. The fees will be collected at the higher rate unless the applicant can provide the department with satisfactory documentation that gross premium receipts were less than $450,000.

(c) Fees for specified filings pursuant to Insurance Code Chapter 1701. Fees for specified filings pursuant to Insurance Code Chapter 1701 are set forth in and governed by Chapter 3, Subchapter A of this title (relating to Submission Requirements for Filings and Departmental Actions Related to Such Filings).

(d) Fees for authorized insurers writing classes of insurance in this state that are regulated by Insurance Code Titles 2 and 6 - 12. For the following filings and actions, the fees are as follows.

(1) For classes of insurance for which statutory authority exists for collecting annual statement fees, the fee for filing annual statements is $250 unless otherwise specified.

(2) For filing amendments to certificate of authority if charter is not amended, the fee is $0.

(3) For reservation of name, the fee is $0.

(4) For renewal of reservation of name, the fee is $0.

(5) For filing application for admission of a foreign or alien insurance company, including issuance of certificate of authority, the fee is $0.

(6) For filing original charter, including issuance of certificate of authority, the fee is $0.

(7) For filing amendment to charter, including issuance of certificate of authority, if a hearing is held, the fee is $0.

(8) For filing amendment to charter, including issuance of certificate of authority, if a hearing is not held, the fee is $0.

(9) For filing designation of attorney for service of process or amendment thereto, the fee is $0.

(10) For filing a total reinsurance agreement, the fee is $0.

(11) For filing a partial reinsurance agreement, the fee is $0.

(12) For filing a direct reinsurance agreement pursuant to Insurance Code Chapter 884, Subchapter K, the fee is $0.

(13) For filing for approval of reinsurance agreement pursuant to Insurance Code Chapter 828, the fee is $0.

(14) For filing for approval of merger pursuant to Insurance Code Chapter 824, the fee is $0.

(15) For accepting a security deposit, excluding deposits made pursuant to Insurance Code §425.002, the fee is $0.

(16) For substitution/amendment of a security deposit, excluding deposits made pursuant to Insurance Code §425.002, the fee is $0.

(17) For certification of statutory deposit, the fee is $0.

(18) For filing notice of intent to relocate the books/records pursuant to Insurance Code Chapter 803, the fee is $0.

(19) For filing restated articles of incorporation for domestic/foreign companies, the fee is $0.

(20) For filing a statement pursuant to Insurance Code Chapter 823, Subchapters D and E, for the first $9,900,000 of the purchase price or consideration, the fee is $0.

(21) For filing a statement pursuant to Insurance Code Chapter 823, Subchapters D and E, if the purchase price or consideration exceeds $9,900,000, the fee is $0.

(22) For filing registration statement pursuant to Insurance Code Chapter 823, Subchapter B, the fee is $0.

(23) For filing for review pursuant to Insurance Code Chapter 823, Subchapter C, or Chapter 884, Subchapter L, the fee is $0.

(24) For filing for an exemption pursuant to Insurance Code §823.164, the fee is $0.

(e) Other fees established by Insurance Code Chapter 202. For the following filings, the fee is as follows.

(1) For filing joint control agreement, the fee is $0.

(2) For filing substitution/amendment to the joint control agreement, the fee is $0.

(3) For filing a change in attorney in fact, the fee is $0.

(f) Administrative procedures.

(1) When a reinsurance agreement or merger agreement is filed with the department, as enumerated in subsection (d)(10) - (14) of this section, the appropriate fee will be determined based on the ceding or merged company.

(2) The fee relating to reinsurance transactions entered into pursuant to Insurance Code Chapter 823, Subchapter C, and subsection (d)(23) of this section will be determined based on the ceding company.

(3) When an amendment to a reinsurance agreement between affiliated insurers is filed with the department, as mentioned in paragraph (1) of this subsection, the appropriate fee will be based on the ceding company.

(4) An amendment to the charter would constitute any change in the original charter, including, but not limited to, name change, home office change, increase in capital, conversion, and increase in lines.

(5) The fee relating to affixing the official seal and certifying to the seal will be applied to all requests for certification, irrespective of requesting party.

(6) The fees for filing an acquisition statement pursuant to Insurance Code Chapter 823, Subchapters D and E, and subsection (d)(20) and (21) of this section will apply to and be collected from the applicant whenever:

(A) the applicant is a regulated entity subject to this section; or

(B) the company being acquired is a regulated entity subject to this section.

(g) Fees pursuant to the Texas Health Maintenance Organization Act, Insurance Code Chapter 843. For the following filings and actions, the fees are as follows.

(1) For filing original application for certificate of authority, the fee is $0.

(2) For filing annual report, the fee is $250.

(3) For all examinations made on behalf of the State of Texas by the department or under its authority, the fee will be an amount the commissioner certifies to be just and reasonable.

(4) For filing evidence of coverage which requires approval, the fee is $100.

(5) For filing required by rule but which does not require approval, the fee is $50.

(h) Fees for filings pursuant to Insurance Code Chapter 1153. Fees for filings pursuant to Insurance Code Chapter 1153 are set forth in and governed by Chapter 3, Subchapter A of this title.

(i) Fee for filing an annual statement under Insurance Code Chapter 841. The fee for filing an annual statement is $250.

Source Note: The provisions of this §7.1301 adopted to be effective March 8, 1988, 13 TexReg 919; amended to be effective June 4, 1992, 17 TexReg 3784; amended to be effective March 22, 1995, 20 TexReg 1656; amended to be effective April 23, 1996, 21 TexReg 3190; amended to be effective June 1, 2003, 28 TexReg 3961; amended to be effective February 2, 2021, 46 TexReg 823