Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 5 - PROPERTY AND CASUALTY INSURANCE
Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION
Division 3 - LOSS FUNDING, INCLUDING CATASTROPHE RESERVE TRUST FUND, FINANCING ARRANGEMENTS, AND PUBLIC SECURITIES
Section 5.4188 - Association Surcharges not Subject to Commissions or Premium Taxes; Contingent Surcharges Not Subject to Commissions
Current through Reg. 50, No. 13; March 28, 2025
(a) As provided by Insurance Code §§ 2210.612(d), 2210.613(d) and 2210.6131(d), association surcharges are not subject to either premium taxes or agents' commissions.
(b) The association may not increase association surcharges for premium taxes or commissions, and agents may not collect or charge commissions for association surcharges.
(c) Insurers may not increase contingent surcharges for commissions, and agents, including a surplus lines agent, may not collect or charge commissions for contingent surcharges.
(d) Insurers may increase contingent surcharges in an amount equal to any premium or maintenance tax attributable to the contingent surcharge and owed to the comptroller.
