The following words and terms, as used in this chapter and Texas Occupations Code, Chapter 1306, have the following meanings:

1. (1) "Identity recovery service contract seller" or "seller" means a person, other than the provider or the administrator of the identity recovery service contract, who is responsible for marketing, offering, or selling identity recovery service contracts, but is not contractually obligated to an identity recovery service contract holder under the terms of an identity recovery service contract.

2. (2) "Third-party administration of an identity recovery service contract" includes any of the following activities performed on behalf of an identity recovery service contract provider:

   1. (A) performing or arranging the collection, maintenance, or disbursement of money to compensate any party for claims or repairs pursuant to an identity recovery service contract;
   2. (B) participating in the processing or adjustment of claims arising under an identity recovery service contract;
   3. (C) maintaining records required by Texas Occupations Code, Chapter 1306; or
   4. (D) complying with provider requirements, other than financial security requirements, of Texas Occupations Code, Chapter 1306.

Source Note:The provisions of this §90.10 adopted to be effective November 16, 2009, 34 TexReg 7799.