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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) The commissioner may adopt rules to implement state responsibility in compliance with a federal law or regulation or action of a federal court relating to a person or activity under the jurisdiction of the department if:
(1) federal law or regulation, or an action of a federal court, requires:
(A) a state to adopt the rules; or
(B) action by a state to ensure protection of the citizens of the state;
(2) the rules will avoid federal preemption of state insurance regulation; or
(3) the rules will prevent the loss of federal funds to this state.
(b) The commissioner may adopt a rule under this section only if the federal action requiring the adoption of a rule occurs or takes effect between sessions of the legislature or at such time during a session of the legislature that sufficient time does not remain to permit the preparation of a recommendation for legislative action or permit the legislature to act. A rule adopted under this section shall remain in effect only until 30 days following the end of the next session of the legislature unless a law is enacted that authorizes the subject matter of the rule. If a law is enacted that authorizes the subject matter of the rule, the rule will continue in effect.
Cite this article: FindLaw.com - Texas Insurance Code - INS § 36.005. Interim Rules to Comply with Federal Requirements - last updated January 01, 2024 | https://codes.findlaw.com/tx/insurance-code/ins-sect-36-005/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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