Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 981.203 - Qualifications for Surplus Lines License(a) The department may issue a surplus lines license to an applicant who the department determines complies with Subsection (b) and is: (1) an individual who: (A) has passed an examination under Chapter 4002 and department rules; and(B) holds a current license as:(i) a general property and casualty agent authorized under Subchapter B, Chapter 4051; or(ii) a managing general agent; or(2) a corporation, limited liability company, or partnership that: (A) has at least one officer or director or at least one active partner who has passed the required surplus lines license examination;(B) holds a current license as:(i) a general property and casualty agent authorized under Subchapter B, Chapter 4051; or(ii) a managing general agent; and(C) conducts insurance activities under this chapter only through an individual licensed under this section.(a-1) Notwithstanding Subsection (a)(1)(B), an individual is not required to obtain a general property and casualty agent license to hold a surplus lines agent license if: (1) the home state of each insured is Texas;(2) the individual is a nonresident of this state;(3) the individual is licensed as a surplus lines agent in the individual's state of residence;(4) the individual is not required by the individual's state of residence to hold a general property and casualty agent license to become licensed as a surplus lines agent;(5) the individual has provided information acceptable to the commissioner that the individual's state of residence does not require a general property and casualty agent license for a surplus lines agent license;(6) the individual's state of residence does not require a surplus lines agent to search for the availability of insurance in the individual's state of residence before the insurance is placed through a surplus lines agent;(7) the individual's state of residence allows a licensed general property and casualty agent to search for the availability of insurance in the individual's state of residence;(8) the individual has a professional relationship with, and each transaction is conducted through, a person who: (A) is a licensed general property and casualty agent in this state or in the state of each transaction; and(B) searches for the availability of insurance in this state before the insurance is placed through a surplus lines agent; and(9) each transaction complies with the laws of the state in which it occurs.(b) The agent must: (1) pay an application fee as determined by the department; and(2) submit a properly completed license application.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 562,Sec. 1, eff. 1/1/2014.Amended By Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 14.012, eff. 9/1/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 2E.132, eff. 4/1/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 548, Sec. 2.09, eff. 9/1/2007.Amended By Acts 2005, 79th Leg., Ch. 402, Sec. 1, eff. 1/1/2006.Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.229(a), eff. 9/1/2003.Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. 6/1/2003.