- (a) Board Order 10315, dated December 20, 1967, adopted temporary rules and forms pending the adoption of permanent rules, regulations, and forms for the purpose of aiding the operation and the application of the Unauthorized Insurance Law and the Surplus Lines Law, Insurance Code, Articles 1.14-1 and 1.14-2, respectively. Board Order 10594, dated February 29, 1968, adopted temporary rules and a form in respect of the tax on independently procured insurance to implement the Insurance Code, Article 1.14-1, §12; Board Order 10594 was adopted in augmentation of Board Order 10315. Board Order 27815, adopted October 15, 1974, repealed Board Orders 10315 and 10594 to the extent it was not in conflict with them, and Board Order 38530, dated February 20, 1981, repealed Board Orders 10315, 10594, and 27815 to the extent it was not in conflict with them. Board Order 27815 is the same as Rule 059.01.14.201, which was filed with the Texas Register on or about the inception of the Administrative Procedure and Texas Register Act. In 1981, Rule 059.01.14.201 was renumbered as Chapter 15 (concerning Surplus Lines Insurance) and amended. These sections control in the case of a conflict with Board Orders 10315, 10594, 27815, and 38530.
- (b) These sections shall not be applied retroactively to any circumstance or to any transaction which existed or happened prior to the effective date of these sections, but these sections shall apply to all transactions taking place on or after their effective date and to all circumstances which continue to come into existence on or after their effective date.
- (c) The State Board of Insurance's rules and regulations which were applicable to the licensing, regulation, and supervision of surplus lines agents and applicable to the regulation and taxation of the surplus lines insurance transaction and which were in effect prior to the effective date of these sections shall apply in the adjudication of acts committed prior to the effective date of these sections.
Source Note:The provisions of this §15.1 adopted to be effective January 1, 1976; amended to be effective March 15, 1981, 6 TexReg 770; amended to be effective April 27, 1984, 9 TexReg 2083.