Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 5 - PROPERTY AND CASUALTY INSURANCE
Subchapter A - AUTOMOBILE INSURANCE
Division 3 - MISCELLANEOUS INTERPRETATIONS
Section 5.205 - Motor Vehicle Crime Prevention Authority Pass-Through Fee

Universal Citation: 28 TX Admin Code § 5.205

Current through Reg. 50, No. 13; March 28, 2025

(a) Each insurer must pay a fee per "motor vehicle year of insurance" to the Motor Vehicle Crime Prevention Authority, as set by Transportation Code § 1006.153(b), concerning Fee Imposed on Insurer. The insurer is authorized to recoup some or all of this fee from the policyholder.

(b) If an insurer recoups the fee from the policyholder under subsection (a) of this section, the insurer must:

(1) provide the policyholder with a notice using the following or similar language, in at least 10-point type: "Your payment includes a [$_______] fee per vehicle each year. This fee helps fund (1) auto burglary, theft, and fraud prevention; (2) criminal justice efforts; (3) trauma care and emergency medical services for victims of accidents due to traffic offenses; and (4) the detection and prevention of catalytic converter thefts. By law, this fee funds the Motor Vehicle Crime Prevention Authority.";

(2) include the notice on or with each motor vehicle insurance policy, as defined in 43 TAC § 57.48 (relating to Motor Vehicle Years of Insurance Calculations), that is delivered, issued for delivery, or renewed in this state, including those policies issued through the Texas Automobile Insurance Plan Association; and

(3) if the notice language required by paragraph (1) of this subsection is provided somewhere other than the declarations page, renewal certificate, or billing, also include the following or similar language on the declarations page of the policy, renewal certificate, or billing: "Motor Vehicle Crime Prevention Authority Fee [$______] (See enclosed explanation)."

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