Sec. 1006.153. FEE IMPOSED ON INSURER. (a) In this section, "motor vehicle years of insurance" means the total number of years or portions of years during which a motor vehicle is covered by insurance.

(b) An insurer shall pay to the authority a fee equal to $5 multiplied by the total number of motor vehicle years of insurance for insurance policies delivered, issued for delivery, or renewed by the insurer. The fee shall be paid not later than:

(1) March 1 of each year for a policy delivered, issued, or renewed from July 1 through December 31 of the previous calendar year; and

(2) August 1 of each year for a policy delivered, issued, or renewed from January 1 through June 30 of that year.

(b-1) A penalty shall be imposed on an insurer for the delinquent payment of the fee required by this section or the delinquent filing of any report of the fee required by rule. The penalty shall be assessed in the manner prescribed for the assessment of a penalty for a delinquent tax payment or filing of a report under Section 111.061(a), Tax Code. Interest accrues in the manner described by Section 111.060, Tax Code, on any fee paid after the due date in Subsection (b).

(b-2) The authority may audit or contract for the audit of fees paid by an insurer under this section.

(b-3) A determination under this section shall be made in accordance with procedures the authority adopts by rule. An insurer assessed a penalty or interest under Subsection (b-1) may appeal the assessment to the authority. The authority shall make the final decision on the appeal by a simple majority vote. The appeal of an assessment of a penalty or interest is not a contested case under Chapter 2001, Government Code.

(c) The fee imposed by this section is in addition to any other fee or tax imposed by law on an insurer.

(d) The authority shall notify the Texas Department of Insurance of any insurer that fails to pay the fee required by this section, and the Texas Department of Insurance may for that reason revoke the insurer's certificate of authority.

(e) Out of each fee collected under Subsection (b), $1 shall be deposited to the credit of the general revenue fund to be used only for coordinated regulatory and law enforcement activities intended to detect and prevent catalytic converter theft in this state. The remainder of each fee collected under Subsection (b) and any amount collected under Subsection (b-1) shall be allocated as follows:

(1) 20 percent shall be appropriated to the authority for the purposes of this chapter;

(2) 20 percent shall be deposited to the credit of the general revenue fund, to be used only for criminal justice purposes; and

(3) 60 percent shall be deposited to the credit of the designated trauma facility and emergency medical services account under Section 780.003, Health and Safety Code, to be used only for the criminal justice purpose of funding designated trauma facilities, county and regional emergency medical services, and trauma care systems that provide trauma care and emergency medical services to victims of collisions resulting from traffic offenses.

Transferred, redesignated and amended from Vernon's Civil Statutes, Section 10, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.22, eff. September 1, 2019.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 9, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 14, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.14, eff. May 29, 2023.

Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 108, eff. September 1, 2023.