Texas Codes

Tex. Ins. Code § 981.001 (2026)

Purpose

✓ current as of May 2026

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Sec. 981.001. PURPOSE. (a) An insurance transaction that is entered into by a resident of this state with an eligible surplus lines insurer through a surplus lines agent because of difficulty in obtaining coverage from an authorized insurer is a matter of public interest.

(b) The transaction of surplus lines insurance is a subject of concern and it is necessary to provide for the regulation, taxation, supervision, and control of these transactions and the practices and matters related to these transactions by:

(1) requiring appropriate standards and reports concerning the placement of surplus lines insurance;

(2) imposing requirements necessary to make regulation and control of surplus lines insurance reasonably complete and effective;

(3) providing orderly access to eligible surplus lines insurers;

(4) ensuring the maintenance of fair and honest markets;

(5) protecting the revenues of this state; and

(6) protecting authorized insurers, which under the laws of this state must meet strict standards relating to the regulation and taxation of the business of insurance, from unfair competition by unauthorized insurers.

(c) To regulate and tax surplus lines insurance placed in accordance with this chapter within the meaning and intent of 15 U.S.C. Section 1011 and 15 U.S.C. Chapter 108, this chapter provides an orderly method for each person whose home state is this state for a particular transaction to effect insurance with eligible surplus lines insurers through qualified, licensed, and supervised surplus lines agents in this state, if coverage is not available from authorized and regulated insurers engaged in business in this state, under reasonable and practical safeguards.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 595 (S.B. 951), Sec. 1, eff. June 14, 2013.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2004–2023 · leading case: Fireman's Fund Ins. v. Great Am. Ins., 822 F.3d 620 (2d Cir. 2016).

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Fireman's Fund Ins. v. Great Am. Ins., 822 F.3d 620 (2d Cir. 2016). “2004) (quoting Tex. Ins.Code Ann. § 981.001), aff'd, 209 S.”

Lexington Ins. Co. v. Strayhorn, 209 S.W.3d 83 (Tex. 2006). “See Tex. Ins.Code § 981.001(c) (formerly art.”

Strayhorn v. Lexington Ins. Co., 128 S.W.3d 772 (Tex. App. 2004). “See Tex. Ins.Code Ann. § 981.001 (West Supp.2008).”

R & M Mixed Beverage Consultants, Inc. v. Safe Harbor Benefits, Inc., USG Ins. Servs., Inc., Ryan Specialty Grp. Servs., LLC, & Ryan Specialty Grp., LLC, 578 S.W.3d 218 (Tex. App. 2019). “Whether Safe Harbor or USG violated any provision of Chapter 981 of the Texas Insurance Code R&M next contends that Safe Harbor and USG violated two provisions in Chapter 981 of the Texas Insurance Code, regarding an agent’s duty to obtain declinations from admitted carriers…”

Nautilus Ins. v. Nicky & Claire's Day Care, Inc., 630 F. Supp. 2d 727 (W.D. Tex. 2009). “See Tex. Ins.Code Ann. § 981.001 (Vernon 2008).”

HOF Partners LLC v. Nautilus Ins. Co. (Tex. App. 2023). · cites it 2× “Tex. Ins. Code Ann. § 981.001 (a)–(c) (emphasis added).”

Carole Keeton Strayhorn, Comptroller of Pub. Accounts of the State of Texas, & Greg Abbott, Successor to John Cornyn, Attorney Gen. of the State of Texas v. Lexington Ins. Co., Landmark Ins. Co., & Am. Int'l Speciality Lines Ins. Co. (Tex. App. 2004). “See Tex. Ins. Code Ann. § 981.001 (West Supp.”

Ajredin \Danny\" Deari v. Jane Doe" (Tex. App. 2015). “Upon information and belief, pursuant to Tex. Ins. Code § 981.001 et seq., Century is not an “authorized insurer.”

— Tex. Ins. Code § 981.001(c) — 2 cases

Lexington Ins. Co. v. Strayhorn, 209 S.W.3d 83 (Tex. 2006). “See Tex. Ins.Code § 981.001(c) (formerly art.”

HOF Partners LLC v. Nautilus Ins. Co. (Tex. App. 2023). “Tex. Ins. Code Ann. § 981.001 (a)–(c) (emphasis added).”

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