Tex. Ins. Code § 40.059 · Subchapter B. PROCEEDINGS RELATING TO PROMULGATION OF RATES
CONSIDERATION OF PROPOSAL FOR DECISION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commissioner shall provide to each party an opportunity to file exceptions to the proposal for decision and briefs related to the issues addressed in the proposal.
(b) After the opportunity to file exceptions and briefs under Subsection (a), the commissioner shall, in open meeting, consider:
(1) the proposal for decision; and
(2) the exceptions, briefs, and arguments of the parties.
(c) The commissioner may amend the proposal for decision, including any finding of fact. The commissioner shall accompany any amendment with an explanation of the basis of the amendment. The commissioner shall base any amendment and the order adopting the rate solely on the record made before the administrative law judge.
(d) The commissioner may refer the matter back to the administrative law judge to:
(1) reconsider findings and conclusions in the proposal for decision;
(2) take additional evidence; or
(3) make additional findings of fact or conclusions of law.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.40.htm
- Text hash
- sha256 4d8452bf80158b7528d27de80b1fb34021bf413e22d13b8ba1e52e6f8019fdfb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.