Current through Reg. 50, No. 13; March 28, 2025
(a) In the manner
described in §
1.509 of this title (relating to
Fingerprint Format and Complete Application), each individual listed in §
1.503 of this title (relating to
Application of Fingerprint Requirement) must, at or near the same time that
they submit their biographical information or application for licensure,
registration, authorization, certification, or permit, also submit:
(1) a complete set of the individual's
fingerprints;
(2) full payment for
all processing fees charged by the Texas Department of Public Safety and the
Federal Bureau of Investigation; and
(3) all additional identifying information
required by the Texas Department of Public Safety and the Federal Bureau of
Investigation for processing fingerprints.
(b) An individual listed in §
1.503 of this subchapter is exempt
from the requirement set forth in subsection (a) of this section if the
individual satisfies the requirements of this subsection.
(1) Except as provided in subsection (d) of
this section, the individual is submitting an application or biographical
information, and:
(A) previously provided the
department a complete, legible fingerprint card or electronic set of
fingerprints as part of an earlier submission which was granted or approved;
and
(B) maintains that prior
license, or licensed entity association, in good standing on the date of the
subsequent application.
(2) The individual is licensed, or associated
with an entity licensee, under Insurance Code Chapter 981, Subchapter E,
concerning Surplus Lines Agents, or Title 13, concerning Regulation of
Professionals, and is:
(A) renewing an
unexpired license or license that has been expired for not more than 90 days;
or
(B) applying for a license that
has been expired for more than 90 days but not more than one year.
(3) The individual is applying for
an original emergency license under Insurance Code Chapter 4051, concerning
Property and Casualty Agents; Chapter 4053, concerning Managing General Agents;
or Chapter 4101, concerning Insurance Adjusters. Emergency licensees who later
qualify for a permanent license by examination must submit a complete set of
fingerprints and payment of all fingerprint processing fees before issuance of
the permanent license.
(4) The
individual, or the entity with which the individual is associated, is renewing
an unexpired license, certification, registration, or authorization.
(5) The individual is licensed under
Insurance Code Chapter 2651, Subchapter A, concerning Title Insurance Agent's
License, or Chapter 2652, concerning Escrow Officers, and is renewing an
unexpired license or license that has been expired for not more than 90
days.
(6) The individual is
submitting an application under Insurance Code Chapter 2651, Subchapter A, or
Chapter 2652 and has previously provided the department a complete, legible
fingerprint card or electronic set of fingerprints as part of an earlier
Insurance Code Chapter 2651, Subchapter A, or Chapter 2652 submission that was
granted or approved; and either:
(A) maintains
that prior license in good standing on the date of the current application;
or
(B) held a prior Insurance Code
Chapter 2651, Subchapter A, or Chapter 2652 license that has not been canceled
for more than 60 days and maintained that license in good standing at the time
of cancellation.
(c) The commissioner may waive the
requirement in subsection (a) of this section if the commissioner determines
that the individual is unable to provide fingerprints due to permanent physical
injury or illness. The individual seeking a waiver under this subsection must
submit evidence of such a condition to the satisfaction of the
commissioner.
(d) The exemption set
forth in subsection (b)(1) of this section is subject to the department's
ability to maintain an individual's previously submitted set of fingerprints,
and the department may require a complete set of fingerprints and payment of
all fingerprint processing fees from an individual notwithstanding the
exemption.
(e) This subchapter does
not limit the department's statutory authority to require the submission of
fingerprints or obtain criminal history information.
(f) For a natural person, agency, or company
to be eligible for a license, registration, certification, or association with
a regulated agency or company, the natural person, agency, or company must
start the application or association process by submitting a formal request for
a fingerprint service code by completing the fingerprinting process information
required on the department's website at
www.tdi.texas.gov/agent/fingerprinting-process.html.
The requesting agency, company, or natural person must submit information
necessary to complete the fingerprint service code request, including:
(1) the agency's name, agency
representative's name, agency's email address, and license type the agency is
applying for, if applying for association with an agency;
(2) the company's name, company
representative's name, and company's email address, if applying for association
with a company; and
(3) the natural
person's name, state of residence, email address, and license type the natural
person is applying for, if applying for a license as a natural
person.
