Tex. Ins. Code § 822.205 · Subchapter E. CAPITAL, SURPLUS, AND GUARANTY FUND REQUIREMENTS
UNENCUMBERED SURPLUS OR GUARANTY FUND REQUIREMENTS FOR CERTAIN INSURANCE COMPANIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Section 912.308, this section applies only to an insurance company that:
(1) writes insurance only in this state; and
(2) is not required by law to have capital stock.
(b) Notwithstanding any other provision of this subchapter other than Sections 822.212(b) and (c), an insurance company must have a minimum amount of unencumbered surplus or a minimum amount of guaranty fund and unencumbered surplus equal to the greater of:
(1) the amount of unencumbered surplus or the amount of guaranty fund and surplus, as appropriate, the company was required to have on August 31, 1991; or
(2) one-third of the company's net written premium for the preceding 12 months after deducting:
(A) lawfully ceded reinsurance; and
(B) any policy fees not ceded to reinsurers.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 677 (H.B. 2449), Sec. 1, eff. September 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.822.htm
- Text hash
- sha256 3c530d9e7121644fce4479725f6cf06cd38dc097502f1ac53fbfea4102296163
- 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.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Ins. Code § 822.205. Each shows the citation as that text prints it.
Insurance Code
- Tex. Ins. Code § 404.053REMEDY FOR IMPAIRMENT.Printed as Section 822.054, 822.202, 822.203, 822.205, 822.210, 822.211, or 822.212
- Tex. Ins. Code § 941.003LIMITED EXEMPTION FROM INSURANCE LAWS; APPLICATION OF CERTAIN LAWS.Printed as Sections 38.001, 501.159, 822.203, 822.205, 822.210, 822.212, 2002.005, 2002.051, and 2002.052
- Tex. Ins. Code § 942.003LIMITED EXEMPTION FROM INSURANCE LAWS; APPLICABILITY OF CERTAIN LAWS.Printed as Sections 38.001, 501.159, 822.203, 822.205, 822.210, 822.212, 861.254(a)
- Tex. Ins. Code § 962.004APPLICABILITY OF OTHER LAW.Printed as Sections 822.203, 822.205, 822.210, and 822.212
- Tex. Ins. Code § 982.106CAPITAL STOCK AND SURPLUS REQUIREMENTS FOR OTHER INSURANCE COMPANIES.Printed as Sections 822.203, 822.205, 822.210, and 822.212
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.