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Texas Insurance Code - INS § 81.001. Limitations Period for Certain Disciplinary Actions

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided by Subsection (b), the department or commissioner may not begin an action to impose a sanction, penalty, or fine, including an administrative penalty, against an insurer, agent, or other license holder who is subject to the jurisdiction of the department for conduct that is a violation of this code or another insurance law of this state after the earlier of:

(1) the fifth anniversary of the date on which the conduct that is a violation occurred;  or

(2) the second anniversary of the earlier of:

(A) the date on which the conduct that is a violation is first discovered by the department;  or

(B) the date on which the conduct that is a violation is made known to the department.

(b) The department or commissioner may not begin an action to impose a sanction, penalty, or fine, including an administrative penalty, against an insurer, agent, or other license holder who is subject to the jurisdiction of the department for conduct that is a violation of this code or another insurance law of this state and that involves fraud by the insurer, agent, or license holder after the fifth anniversary of the earlier of:

(1) the date on which the conduct that is a violation is first discovered by the department;  or

(2) the date on which the conduct that is a violation is made known to the department.

(c) This section does not apply to conduct that is:

(1) a violation that is ongoing at the time the department seeks to impose the sanction, penalty, or fine;

(2) a violation of Subchapter A, Chapter 544,   1 or Section 1702.103, as those provisions relate to discrimination on the basis of race or color, regardless of the time the conduct occurs;  or

(3) a violation of Title 5, Labor Code.   2

1  V.T.C.A., Insurance Code § 544.001 et seq.
2  V.T.C.A., Labor Code § 401.001 et seq.
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Cite this article: FindLaw.com - Texas Insurance Code - INS § 81.001. Limitations Period for Certain Disciplinary Actions - last updated January 01, 2024 | https://codes.findlaw.com/tx/insurance-code/ins-sect-81-001/

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