The department generally may not require insurers to follow NAIC rules unless statute expressly authorizes it; the commissioner may adopt a rule to require compliance if specific conditions are met.
Sec. 36.004. COMPLIANCE WITH NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS REQUIREMENTS; RULES. (a) Except as provided by Subsection (c) and Section 36.005, the department may not require an insurer to comply with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners, including a rule, regulation, directive, or standard relating to policy reserves, unless application of the rule, regulation, directive, or standard is expressly authorized by statute. (b) For purposes of Subsection (a), a version of a rule, regulation, directive, or standard is expressly authorized by statute if: (1) the statute explicitly authorizes the commissioner to adopt rules consistent with the rule, regulation, directive, or standard; or (2) that version is the latest version of the rule, regulation, directive, or standard on the date that the statute was enacted. (c) The commissioner may adopt a rule to require compliance with a rule, regulation, directive, or standard adopted by the National Association of Insurance Commissioners if: (1) the commissioner finds the rule is technical or nonsubstantive in nature or necessary to preserve the department's accreditation; and (2) before the adoption of the rule, the commissioner provides the standing committees of the senate and house of representatives with primary jurisdiction over the department with written notice of the commissioner's intent to adopt the rule. Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 206, Sec. 15.02, eff. June 11, 2003. Amended by: Acts 2017, 85th Leg., R.S., Ch. 752 (S.B. 1450), Sec. 1, eff. September 1, 2017.