State Codes and Statutes

Statutes > Texas > Insurance-code > Title-3-department-funds-fees-and-taxes > Chapter-251-general-provisions

INSURANCE CODE

TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES

SUBTITLE C. INSURANCE MAINTENANCE TAXES

CHAPTER 251. GENERAL PROVISIONS

Sec. 251.001. DETERMINING RATE OF ASSESSMENT. (a) The

commissioner shall annually determine the rate of assessment of

each maintenance tax imposed under this subtitle.

(b) In determining the rate of assessment, the commissioner

shall consider the requirement to reimburse the appropriate

portion of the general revenue fund under Section 201.052.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.002. DUTY TO ADVISE COMPTROLLER OF RATE. The

commissioner shall advise the comptroller of the applicable rate

of assessment of a maintenance tax not later than the 45th day

before the due date of the tax report for the period for which

that tax is due.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.003. EFFECT OF LATE ADVISEMENT OF RATE. (a) Except as

provided by Subsection (b), if the commissioner does not advise

the comptroller of the applicable rate of assessment of a

maintenance tax by the date required by Section 251.002, the rate

of assessment is the rate applied in the previous tax period.

(b) If the commissioner advises the comptroller of the

applicable rate of assessment of a maintenance tax after the tax

has been assessed, the comptroller shall:

(1) advise each taxpayer in writing of the amount of any

additional taxes due; or

(2) refund any excess taxes paid.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.004. DEPOSIT OF MAINTENANCE TAXES. (a) Except as

provided by Subsection (b), maintenance taxes collected under

this subtitle shall be deposited in the general revenue fund and

reallocated to the Texas Department of Insurance operating

account.

(b) Each state fiscal year, the comptroller shall reallocate to

the floodplain management account established under Section

16.3161, Water Code, the first $3.05 million of the maintenance

taxes collected under Chapter 252 and deposited in the general

revenue fund.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1323, Sec. 1, eff. September 1, 2007.

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-3-department-funds-fees-and-taxes > Chapter-251-general-provisions

INSURANCE CODE

TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES

SUBTITLE C. INSURANCE MAINTENANCE TAXES

CHAPTER 251. GENERAL PROVISIONS

Sec. 251.001. DETERMINING RATE OF ASSESSMENT. (a) The

commissioner shall annually determine the rate of assessment of

each maintenance tax imposed under this subtitle.

(b) In determining the rate of assessment, the commissioner

shall consider the requirement to reimburse the appropriate

portion of the general revenue fund under Section 201.052.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.002. DUTY TO ADVISE COMPTROLLER OF RATE. The

commissioner shall advise the comptroller of the applicable rate

of assessment of a maintenance tax not later than the 45th day

before the due date of the tax report for the period for which

that tax is due.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.003. EFFECT OF LATE ADVISEMENT OF RATE. (a) Except as

provided by Subsection (b), if the commissioner does not advise

the comptroller of the applicable rate of assessment of a

maintenance tax by the date required by Section 251.002, the rate

of assessment is the rate applied in the previous tax period.

(b) If the commissioner advises the comptroller of the

applicable rate of assessment of a maintenance tax after the tax

has been assessed, the comptroller shall:

(1) advise each taxpayer in writing of the amount of any

additional taxes due; or

(2) refund any excess taxes paid.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.004. DEPOSIT OF MAINTENANCE TAXES. (a) Except as

provided by Subsection (b), maintenance taxes collected under

this subtitle shall be deposited in the general revenue fund and

reallocated to the Texas Department of Insurance operating

account.

(b) Each state fiscal year, the comptroller shall reallocate to

the floodplain management account established under Section

16.3161, Water Code, the first $3.05 million of the maintenance

taxes collected under Chapter 252 and deposited in the general

revenue fund.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1323, Sec. 1, eff. September 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-3-department-funds-fees-and-taxes > Chapter-251-general-provisions

INSURANCE CODE

TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES

SUBTITLE C. INSURANCE MAINTENANCE TAXES

CHAPTER 251. GENERAL PROVISIONS

Sec. 251.001. DETERMINING RATE OF ASSESSMENT. (a) The

commissioner shall annually determine the rate of assessment of

each maintenance tax imposed under this subtitle.

(b) In determining the rate of assessment, the commissioner

shall consider the requirement to reimburse the appropriate

portion of the general revenue fund under Section 201.052.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.002. DUTY TO ADVISE COMPTROLLER OF RATE. The

commissioner shall advise the comptroller of the applicable rate

of assessment of a maintenance tax not later than the 45th day

before the due date of the tax report for the period for which

that tax is due.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.003. EFFECT OF LATE ADVISEMENT OF RATE. (a) Except as

provided by Subsection (b), if the commissioner does not advise

the comptroller of the applicable rate of assessment of a

maintenance tax by the date required by Section 251.002, the rate

of assessment is the rate applied in the previous tax period.

(b) If the commissioner advises the comptroller of the

applicable rate of assessment of a maintenance tax after the tax

has been assessed, the comptroller shall:

(1) advise each taxpayer in writing of the amount of any

additional taxes due; or

(2) refund any excess taxes paid.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Sec. 251.004. DEPOSIT OF MAINTENANCE TAXES. (a) Except as

provided by Subsection (b), maintenance taxes collected under

this subtitle shall be deposited in the general revenue fund and

reallocated to the Texas Department of Insurance operating

account.

(b) Each state fiscal year, the comptroller shall reallocate to

the floodplain management account established under Section

16.3161, Water Code, the first $3.05 million of the maintenance

taxes collected under Chapter 252 and deposited in the general

revenue fund.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,

2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1323, Sec. 1, eff. September 1, 2007.