(a) Advertising file. Each insurer, domestic and foreign, doing an insurance business in Texas shall maintain at its home office or principal (executive) office, a complete file containing a specimen of every institutional advertisement, invitation to inquire advertisement, or invitation to contract advertisement disseminated in this state, with a notation attached to each such advertisement indicating the manner and extent of distribution and the form number of any policy advertised in Texas. Foreign insurers that have established an office in Texas who transact an insurance business in this state may maintain the advertising file at that location. Each insurer shall notify the Texas Department of Insurance where the advertising file is being maintained and that access thereto will be provided, and each insurer shall also notify the Texas Department of Insurance in the event the location of such file is planned to be changed and immediately when changed. The advertising file is subject to regular and periodic inspection by the Texas Department of Insurance. All advertisements shall be maintained for a period of not less than three years.
(b) Statement of compliance. Each insurer, domestic and foreign, filing an annual statement with the Texas Department of Insurance is subject to the provisions of this division and shall file with its annual statement a certificate or equivalent executed by an authorized officer of the insurer whose duty it is to deal with or oversee the insurer's advertising stating that to the best of the officer's knowledge, information, and belief, the advertisements which were disseminated by the insurer during the preceding statement year complied or were made to comply in all respects with the provisions of this division and the insurance laws of this state as respects its Texas advertising and as its Texas advertising relates to its insureds in Texas.

Source Note: The provisions of this §21.116 adopted to be effective February 1, 1981, 5 TexReg 3336; amended to be effective December 9, 2007, 32 TexReg 8830; amended to be effective September 8, 2010, 35 TexReg 8117