Texas § 83.051 AUTHORITY OF COMMISSIONER TO ISSUE ORDER.

Texas Statutes

§ 83.051 — AUTHORITY OF COMMISSIONER TO ISSUE ORDER.

Texas § 83.051

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Bluebook

Tex. Insurance Code Code Ann. § 83.051 (2026).

Text

Sec. 83.051. AUTHORITY OF COMMISSIONER TO ISSUE ORDER.

(a)The commissioner ex parte may issue an emergency cease and desist order if:

(1)the commissioner believes that:

(A)an authorized person engaging in the business of insurance is:

(i)committing an unfair act; or

(ii)in a hazardous condition or a hazardous financial condition under Section 843.406 or Subchapter A , Chapter 404 , as determined by the commissioner; or

(B)an unauthorized person:

(i)is engaging in the business of insurance in violation of Chapter 101 or in violation of a rule adopted under that chapter; and

(ii)does not meet a statutory exception or exemption; and

(2)with respect to conduct described by Subdivision (1)(A), it appears to the commissioner that the alleged conduct:

(A)is fraudulent;

(B)is hazardous

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Sec. 83.051. AUTHORITY OF COMMISSIONER TO ISSUE ORDER. (a) The commissioner ex parte may issue an emergency cease and desist order if:
(1) the commissioner believes that:
(A) an authorized person engaging in the business of insurance is:
(i) committing an unfair act; or
(ii) in a hazardous condition or a hazardous financial condition under Section 843.406 or Subchapter A , Chapter 404 , as determined by the commissioner; or
(B) an unauthorized person:
(i) is engaging in the business of insurance in violation of Chapter 101 or in violation of a rule adopted under that chapter; and
(ii) does not meet a statutory exception or exemption; and
(2) with respect to conduct described by Subdivision (1)(A), it appears to the commissioner that the alleged conduct:
(A) is fraudulent;
(B) is hazardous or creates an immediate danger to the public safety; or
(C) is causing or can be reasonably expected to cause public injury that:
(i) is likely to occur at any moment;
(ii) is incapable of being repaired or rectified; and
(iii) has or is likely to have influence or effect.
(b) An order is final on the 61st day after the date it is served, unless the affected person requests a hearing under Section 83.053 .

Jan Lubin, Gilberto Villanueva, Michael Paladino, Gerald Hooks and Lesly K. Hooks v. Farmers Group, Inc. Farmers Underwriters Association Fire Underwriters Association Farmers Insurance Exchange Fire Insurance Exchange Texas Farmers Insurance Company Mid-Century Insurance Company of Texas Mid-Century Insurance Company

(Court of Appeals of Texas, 2005)

Legislative History

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636 ), Sec. 2B.013, eff. April 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809 ), Sec. 3, eff. September 1, 2021.