Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 841.260 - Prohibited Commissions(a) In this section, "contingent compensation" means a commission or other compensation an insurance company pays to a person that is contingent on: (1) the writing or procurement of an insurance policy in the company;(2) the procurement of an application for an insurance policy in the company;(3) the payment of a renewal premium; or(4) the assumption of an insurance risk by the company.(b) A life insurance company that engages in the business of insurance in this state may not, directly or indirectly, pay or contract to pay a contingent compensation to: (1) the president, vice president, secretary, or treasurer of the company;(2) any other officer of the company, other than an agent or solicitor;(3) an actuary of the company; or(4) a medical director or other physician of the company whose duty is to examine risks or applications for insurance for the company.(c) This section does not prohibit a plan of compensation to a marketing officer according to the total amount of insurance the insurance company writes or to the total amount of insurance in force with the insurance company during a specified period if:(1) the commissioner approves the plan under Subchapter A, Chapter 805;(2) the marketing officer is not responsible for underwriting, rating, or otherwise approving the acceptability of insurance risks; and(3) the plan does not compensate the marketing officer according to commissions on individual sales of any insurance product.Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. 6/1/2003.