Association Surcharges not Subject to Commissions or Premium Taxes; Contingent Surcharges Not Subject to Commissions

(a) As provided by Insurance Code §§2210.612(d), 2210.613(d) and 2210.6131(d), association surcharges are not subject to either premium taxes or agents' commissions.

(b) The association may not increase association surcharges for premium taxes or commissions, and agents may not collect or charge commissions for association surcharges.

(c) Insurers may not increase contingent surcharges for commissions, and agents, including a surplus lines agent, may not collect or charge commissions for contingent surcharges.

(d) Insurers may increase contingent surcharges in an amount equal to any premium or maintenance tax attributable to the contingent surcharge and owed to the comptroller.

Source Note: The provisions of this §5.4188 adopted to be effective February 16, 2011, 36 TexReg 784; amended to be effective March 9, 2016, 41 TexReg 1697.