28 Tex. Admin. Code § 19.801
General Provisions Regarding Licensing Fees and License Renewal
Effective Nov 25, 200732 TexReg 8314Source Note: The provisions of this §19.801 adopted to be effective March 11, 1992, 17 TexReg 1542; amended to be effective September 26, 2002, 27 TexReg 8948; amended to be effective November 25, 2007, 32 TexReg 8314.Texas Secretary of State
(a) Original application.
- (1) Applicants for an original license required to qualify for the license type by examination through the department's designated testing service, including temporary licenses, shall submit the required original application fee, the testing service's examination fee and, if applicable, the temporary license fee, at the time of filing an application for license and/or request for examination, to the department's designated testing service.
- (2) Applicants for an original license not required to qualify for the license type by examination from the department's designated testing service, or all applicants in the event the department does not have a designated testing service, shall submit all required fees at the time of filing an application for license and/or request for examination to the department.
- (3) Insurance carriers utilizing registered home office salaried employees will submit the registration fee to the department at the time of filing the registration application.
(b) Renewal of license.
- (1) A "completed application" is one that provides every piece of information required of the licensee by the application form.
- (2) An applicant for renewal of a license which has neither expired nor been suspended or revoked shall submit the required renewal fee and completed application for renewal.
- (3) The department may designate one expiration date per licensee, to apply to all licenses held by that licensee. The designated date shall be the date on which one license would normally expire. For licenses which normally would expire after the newly designated expiration date, renewal fees shall be reduced pro rata on a monthly basis. The fee reduction shall be for the renewal immediately following the institution of the designated expiration date. On each subsequent renewal, the licensee shall pay the full renewal fee for each license.
(c) Appointment.
- (1) The fee for appointment of a currently licensed general agent, personal lines property and casualty agent, or life agent as subagent by another general agent, personal lines property and casualty agent, or life agent, or for appointment of an agent to represent additional insurers, health maintenance organizations, or nonprofit legal services corporations, shall accompany the notice of appointment. An appointment fee is not required for the first appointment filed with the original license application.
(2) Subagent appointments must comply with the following requirements:
- (A) only general lines agents, personal lines property and casualty agents, or life agents may appoint subagents;
- (B) only general lines agents, personal lines property and casualty agents, or life agents may be appointed as subagents; and
- (C) as provided in Insurance Code §4001.109, a subagent must be licensed to write each line of insurance that the subagent is employed to write, but is not required to hold each kind of license issued to the agent for whom the subagent acts, as required under Insurance Code §4001.109.
- (3) General agents, personal lines property and casualty agents, and life agents may simultaneously have multiple subagent and insurance company appointments.
- (d) Submission of fees. All fees shall be submitted by check or money order made payable to the Texas Department of Insurance, except for applicants who must qualify by examination, where the application is to be submitted to the Department's designated testing service, as provided under Insurance Code Chapter 4002, or if the license is renewable over the internet, where the renewal application is to be submitted under the Texas OnLine Project, in which case fees shall be submitted as directed by the designated testing service or the Texas OnLine Authority. Should the Department authorize other online or electronic original applications or other transactions, persons shall submit fees with the transaction as directed by the Department, the Texas OnLine Authority, or the Department's designated service provider.
- (e) Fees fully earned. All fees are fully earned at the time the application, registration, and/or appointment is filed with the department, or the department's designated testing service, and are not refundable or transferable to another application, registration or appointment whether such fee is submitted to the department or the department's designated testing service. These fees shall not be reduced for any reason, except when the term of the license is prorated as set forth under subsection (b)(3) of this section.
- (f) Examination fees. All fees for examination, whether administered by the department or the department's designated testing service, are fully earned when the examination is scheduled and are not refundable or transferable to any other applicant or examination, except where approved by the department as provided under Insurance Code §4002.005(c). A separate fee is required for each new examination and reexamination. Examination fees shall not be reduced for any reason.
Source Note:The provisions of this §19.801 adopted to be effective March 11, 1992, 17 TexReg 1542; amended to be effective September 26, 2002, 27 TexReg 8948; amended to be effective November 25, 2007, 32 TexReg 8314.