State Codes and Statutes
Statutes > Texas > Insurance-code > Title-3-department-funds-fees-and-taxes > Chapter-257-life-health-and-accident-insurance
INSURANCE CODE
TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES
SUBTITLE C. INSURANCE MAINTENANCE TAXES
CHAPTER 257. LIFE, HEALTH, AND ACCIDENT INSURANCE
Sec. 257.001. MAINTENANCE TAX IMPOSED. (a) A maintenance tax
is imposed on each authorized insurer, including a group hospital
service corporation, managed care organization, local mutual aid
association, statewide mutual assessment company, stipulated
premium company, and stock or mutual insurance company, that
collects from residents of this state gross premiums or gross
considerations subject to taxation under Section 257.003. The
tax required by this chapter is in addition to other taxes
imposed that are not in conflict with this chapter.
(b) In this section, "managed care organization" means an
organization authorized under this code to engage in the business
of issuing health benefit plans that is not authorized as a
health maintenance organization, preferred provider organization,
or insurance company and the taxation of which is not preempted
by federal law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
932, Sec. 14, eff. June 15, 2007.
Sec. 257.002. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The rate of
assessment set by the commissioner may not exceed 0.04 percent of
the gross premiums and gross considerations subject to taxation
under Section 257.003.
(b) The commissioner shall annually adjust the rate of
assessment of the maintenance tax so that the tax imposed that
year, together with any unexpended funds produced by the tax,
produces the amount the commissioner determines is necessary to
pay the expenses during the succeeding year of regulating life,
health, and accident insurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 257.003. PREMIUMS AND CONSIDERATIONS SUBJECT TO TAXATION;
LIMIT. (a) An insurer shall pay maintenance taxes under this
chapter on the correctly reported:
(1) gross premiums collected from writing life, health, and
accident insurance in this state, except as provided in
Subsection (b); and
(2) gross considerations collected from writing annuity or
endowment contracts in this state.
(b) The gross premiums on which an assessment is based under
this chapter may not include:
(1) premiums received from the United States for insurance
contracted for by the United States in accordance with or in
furtherance of Title XVIII of the Social Security Act (42 U.S.C.
Section 1395c et seq.) and its subsequent amendments; or
(2) premiums paid on group health, accident, and life policies
in which the group covered by the policy consists of a single
nonprofit trust established to provide coverage primarily for
employees of:
(A) a municipality, county, or hospital district in this state;
or
(B) a county or municipal hospital, without regard to whether
the employees are employees of the county or municipality or of
an entity operating the hospital on behalf of the county or
municipality.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 11.006(a), eff. September 1, 2005.
Sec. 257.004. MAINTENANCE TAX DUE DATES. (a) The insurer shall
pay the maintenance tax annually, semiannually, or on another
periodic basis, as determined by the comptroller.
(b) The comptroller may require semiannual or other periodic
payment only from an insurer whose maintenance tax liability
under this chapter for the previous year was at least $2,000.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
State Codes and Statutes
Statutes > Texas > Insurance-code > Title-3-department-funds-fees-and-taxes > Chapter-257-life-health-and-accident-insurance
INSURANCE CODE
TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES
SUBTITLE C. INSURANCE MAINTENANCE TAXES
CHAPTER 257. LIFE, HEALTH, AND ACCIDENT INSURANCE
Sec. 257.001. MAINTENANCE TAX IMPOSED. (a) A maintenance tax
is imposed on each authorized insurer, including a group hospital
service corporation, managed care organization, local mutual aid
association, statewide mutual assessment company, stipulated
premium company, and stock or mutual insurance company, that
collects from residents of this state gross premiums or gross
considerations subject to taxation under Section 257.003. The
tax required by this chapter is in addition to other taxes
imposed that are not in conflict with this chapter.
(b) In this section, "managed care organization" means an
organization authorized under this code to engage in the business
of issuing health benefit plans that is not authorized as a
health maintenance organization, preferred provider organization,
or insurance company and the taxation of which is not preempted
by federal law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
932, Sec. 14, eff. June 15, 2007.
Sec. 257.002. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The rate of
assessment set by the commissioner may not exceed 0.04 percent of
the gross premiums and gross considerations subject to taxation
under Section 257.003.
(b) The commissioner shall annually adjust the rate of
assessment of the maintenance tax so that the tax imposed that
year, together with any unexpended funds produced by the tax,
produces the amount the commissioner determines is necessary to
pay the expenses during the succeeding year of regulating life,
health, and accident insurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 257.003. PREMIUMS AND CONSIDERATIONS SUBJECT TO TAXATION;
LIMIT. (a) An insurer shall pay maintenance taxes under this
chapter on the correctly reported:
(1) gross premiums collected from writing life, health, and
accident insurance in this state, except as provided in
Subsection (b); and
(2) gross considerations collected from writing annuity or
endowment contracts in this state.
(b) The gross premiums on which an assessment is based under
this chapter may not include:
(1) premiums received from the United States for insurance
contracted for by the United States in accordance with or in
furtherance of Title XVIII of the Social Security Act (42 U.S.C.
Section 1395c et seq.) and its subsequent amendments; or
(2) premiums paid on group health, accident, and life policies
in which the group covered by the policy consists of a single
nonprofit trust established to provide coverage primarily for
employees of:
(A) a municipality, county, or hospital district in this state;
or
(B) a county or municipal hospital, without regard to whether
the employees are employees of the county or municipality or of
an entity operating the hospital on behalf of the county or
municipality.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 11.006(a), eff. September 1, 2005.
Sec. 257.004. MAINTENANCE TAX DUE DATES. (a) The insurer shall
pay the maintenance tax annually, semiannually, or on another
periodic basis, as determined by the comptroller.
(b) The comptroller may require semiannual or other periodic
payment only from an insurer whose maintenance tax liability
under this chapter for the previous year was at least $2,000.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
State Codes and Statutes
Statutes >
Texas >
Insurance-code >
Title-3-department-funds-fees-and-taxes >
Chapter-257-life-health-and-accident-insurance INSURANCE CODE
TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES
SUBTITLE C. INSURANCE MAINTENANCE TAXES
CHAPTER 257. LIFE, HEALTH, AND ACCIDENT INSURANCE
Sec. 257.001. MAINTENANCE TAX IMPOSED. (a) A maintenance tax
is imposed on each authorized insurer, including a group hospital
service corporation, managed care organization, local mutual aid
association, statewide mutual assessment company, stipulated
premium company, and stock or mutual insurance company, that
collects from residents of this state gross premiums or gross
considerations subject to taxation under Section 257.003. The
tax required by this chapter is in addition to other taxes
imposed that are not in conflict with this chapter.
(b) In this section, "managed care organization" means an
organization authorized under this code to engage in the business
of issuing health benefit plans that is not authorized as a
health maintenance organization, preferred provider organization,
or insurance company and the taxation of which is not preempted
by federal law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
932, Sec. 14, eff. June 15, 2007.
Sec. 257.002. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The rate of
assessment set by the commissioner may not exceed 0.04 percent of
the gross premiums and gross considerations subject to taxation
under Section 257.003.
(b) The commissioner shall annually adjust the rate of
assessment of the maintenance tax so that the tax imposed that
year, together with any unexpended funds produced by the tax,
produces the amount the commissioner determines is necessary to
pay the expenses during the succeeding year of regulating life,
health, and accident insurers.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Sec. 257.003. PREMIUMS AND CONSIDERATIONS SUBJECT TO TAXATION;
LIMIT. (a) An insurer shall pay maintenance taxes under this
chapter on the correctly reported:
(1) gross premiums collected from writing life, health, and
accident insurance in this state, except as provided in
Subsection (b); and
(2) gross considerations collected from writing annuity or
endowment contracts in this state.
(b) The gross premiums on which an assessment is based under
this chapter may not include:
(1) premiums received from the United States for insurance
contracted for by the United States in accordance with or in
furtherance of Title XVIII of the Social Security Act (42 U.S.C.
Section 1395c et seq.) and its subsequent amendments; or
(2) premiums paid on group health, accident, and life policies
in which the group covered by the policy consists of a single
nonprofit trust established to provide coverage primarily for
employees of:
(A) a municipality, county, or hospital district in this state;
or
(B) a county or municipal hospital, without regard to whether
the employees are employees of the county or municipality or of
an entity operating the hospital on behalf of the county or
municipality.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 11.006(a), eff. September 1, 2005.
Sec. 257.004. MAINTENANCE TAX DUE DATES. (a) The insurer shall
pay the maintenance tax annually, semiannually, or on another
periodic basis, as determined by the comptroller.
(b) The comptroller may require semiannual or other periodic
payment only from an insurer whose maintenance tax liability
under this chapter for the previous year was at least $2,000.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1,
2005.
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