(a) Filing of Application. An applicant who seeks a certificate of authority under the Insurance Code Chapter 4151 must file an application with the department, accompanied by the non-refundable fee of $1,000. The applicant must verify the application by attesting to the truth and accuracy of the information in the application.
(b) Forms and Fee.
  (1) The commissioner adopts by reference the following forms, which comprise the application for a certificate of authority under the Insurance Code Chapter 4151, and which are available at http://www.tdi.state.tx.us/forms/form5tpa.html:
    (A) Form Number FIN 489, Application for a Certificate of Authority;
    (B) Form Number FIN 306, Officers and Directors Form;
    (C) Form Number LHL 081, Biographical Affidavit; and
    (D) Form Number LHL 082, Service of Process Form.
  (2) As authorized by the Insurance Code §4151.206(a)(1), the commissioner adopts a filing fee of $1,000 to be paid by an applicant for processing an original application for a certificate of authority for an administrator. The fee is non-refundable.
(c) Registration of Name. An applicant must register its official name with the department and the Office of the Secretary of State, as applicable. If the commissioner determines that an applicant's name is too similar to a name already registered with the department, the applicant must register an alternative name with the department and the Office of the Secretary of State, as applicable.
(d) Biographical Affidavit.
  (1) Each executive officer or other comparable responsible person of an applicant shall provide the department with a completed Form Number LHL 081, Biographical Affidavit, as referenced in subsection (b)(1)(C) of this section. A biographical affidavit is not required if a biographical affidavit from the individual has been filed with the department within the prior three years and contains substantially accurate information. A biographical affidavit contains substantially accurate information if the responses given by the individual in the affidavit on file with the department continue to indicate sufficient experience, ability, standing, and good record to make success of the applicant probable.
  (2) Each person filing a biographical affidavit under paragraph (1) of this subsection shall comply with the requirements of Chapter 1, Subchapter D of this title (relating to Effect of Criminal Conduct).
(e) Other Information. Pursuant to the Insurance Code §4151.052(a)(5), the commissioner may require the submission of any other information the commissioner reasonably requires in determining whether to approve or disapprove an application for a certificate of authority.

Source Note: The provisions of this §7.1604 adopted to be effective June 25, 2009, 34 TexReg 4143