The following are not considered to constitute a rebate, inducement, distinction, or discrimination prohibited by this subchapter:

1. (1) for a life insurance policy or annuity contract, a bonus payment to a policyholder or contract holder or other abatement in the policyholder's or contract holder's premiums provided wholly or partly out of surplus accumulated from nonparticipating policies or contracts if the payment or abatement:

   1. (A) is fair and equitable to policyholders and contract holders; and
   2. (B) is in the best interests of the insurer and the insurer's policyholders and contract holders;
2. (2) for a life insurance policy issued on an industrial debit plan, an allowance to a policyholder who has continuously for a specified period made premium payments directly to the insurer's office that is in an amount that fairly represents the insurer's savings in collection expenses;
3. (3) for a group insurance policy, a readjustment in the rate of premium based on the loss or expense experience under the policy at the end of a policy year if the adjustment is retroactive for only that policy year;

4. (4) for an annuity contract, a waiver of surrender charges under the contract when the contract holder exchanges that contract for another annuity contract issued by the same insurer or an affiliate of the same insurer that is part of the same holding company group if:

   1. (A) the waiver and the exchange are fully, fairly, and accurately explained to the contract holder in a manner that is not deceptive or misleading; and
   2. (B) the contract holder is given credit for the time that the previous contract was held in determining any surrender charges under the new contract;
5. (5) in connection with an offer or sale of a life insurance policy or annuity contract, a promotional advertising item, educational item, or traditional courtesy commonly extended to consumers and that is valued at $25 or less; or
6. (6) any loss-control or value-added service or product or other item allowed by Subchapter B.

Added by Acts 2025, 89th Leg., R.S., Ch. 581 (H.B. 2221), Sec. 2, eff. September 1, 2025.