Sections 3.101-3.128 of this title (relating to Individual Life Insurance Policy Form Checklist and Affirmative Requirements) apply to the review of ordinary life insurance policies and are not applicable to annuity contracts. Any contract which provides death benefits in excess of the total premium paid, without interest or with interest at a specified rate, or the cash value at time of death, if greater, will be considered a life insurance policy. This requirement cannot be avoided by combining riders or endorsements to a basic annuity, as all pertinent instruments collectively constitute the contract.
28 Tex. Admin. Code § 3.126