28 Tex. Admin. Code § 3.3081
The commissioner may authorize approval of a policy that does not correspond with one of the categories as described in §§3.3071-3.3077 and 3.3079-3.3080 of this title (relating to Minimum Standards and Benefits and Readability for Accident and Health Insurance Policies) if such policy is determined to be a type of coverage that is experimental in nature or a type of coverage that will in the opinion of the commissioner fulfill a reasonable public need and is appropriately and prominently described in the outline of coverage. Unless such coverage falls within the definition of excepted benefits set forth in § 3.3002(b)(6) of this title (relating to Definitions), the coverage must be guaranteed renewable in accordance with § 3.3020 of this title (relating to Policy Definition of Guaranteed Renewable and Limited Guarantee of Renewability) and § 3.3038 of this title (relating to Mandatory Guaranteed Renewability Provisions for Individual Hospital, Medical or Surgical Coverage; Exceptions) of this subchapter.
28 Tex. Admin. Code § 3.3081