Tex. Ins. Code § 542.009 · Subchapter A. UNFAIR CLAIM SETTLEMENT PRACTICES
REVIEW OF INVESTIGATION RESULTS; HEARING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On receiving the results of an investigation instituted under Section 542.007 or 542.008, the department shall review those results considering the standards of this subchapter to determine whether further action is necessary.
(b) If the department determines that further action is necessary, the department shall:
(1) set a date for a hearing to review the alleged violations of this subchapter; and
(2) notify the insurer of:
(A) the date of the hearing; and
(B) the nature of the charges.
(c) The department shall provide the notice required by Subsection (b)(2) not later than the 30th day before the date of the hearing.
(d) At a hearing under this section, the insurer may present the insurer's case with the assistance of counsel.
(e) Evidence relating to the number and type of complaints or claims prepared by the department from information received or compiled under Section 542.006, 542.007, or 542.008 is admissible in evidence at:
(1) the hearing; and
(2) any related judicial proceeding.
(f) The hearing shall be conducted in accordance with this code and rules adopted by the commissioner.
(g) An insurer may not be found to be in violation of this subchapter solely because of the number and type of complaints or claims against the insurer.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm
- Text hash
- sha256 e1700cf92ea958d90db225b602e282920417980c8f74cf338072e85b2bd40dfd
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Insurance Code
- Tex. Ins. Code § 542.006PERIODIC REPORTING REQUIREMENT.Printed as Section 542.006, 542.007, or 542.008
- Tex. Ins. Code § 542.007COMPARISON OF CERTAIN INSURERS TO MINIMUM STANDARD OF PERFORMANCE; INVESTIGATION.Printed as Section 542.006, 542.007, or 542.008 | Section 542.007 or 542.008
- Tex. Ins. Code § 542.008COMPLAINTS AGAINST INSURERS; INVESTIGATION.Printed as Section 542.006, 542.007, or 542.008 | Section 542.007 or 542.008
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.