# 28 Tex. Admin. Code § 3.9305: 28 TAC § 3.9305. Limitations on Entities Subject to Department Regulation

> Texas · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9305

## Section

- **Citation:** 28 Tex. Admin. Code § 3.9305
- **Heading:** 28 TAC § 3.9305. Limitations on Entities Subject to Department Regulation
- **Jurisdiction:** Texas
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Texas Administrative Code / Title 28 INSURANCE / Part 1 TEXAS DEPARTMENT OF INSURANCE / Chapter 3 LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES / 28 TAC § 3.9305

## Text

(a) Prior to executing the donation agreement described by §3.9306 of this subchapter (relating to Procedures for Acceptance of Donations), an offeree subject to department regulation pursuant to the Insurance Code, the Labor Code, or federal law, must notify the department, on a completed form that is acceptable to the department, whether the offeree:
(1) is the subject of an open investigation or enforcement action of the department;
(2) has applied for a certificate of authority, license, or other department issued permit;
(3) is seeking a letter of consent pursuant to
18 U.S.C. §1033
; or
(4) is the subject of an enforcement action of another state agency.
(b) Individuals and entities subject to subsection (a) of this section include:
(1) licensees; certificate holders; permit holders; applicants for a license, certificate of authority, or other department issued permit;
(2) individuals requesting letters of consent pursuant to
18 U.S.C. §1033
; and
(3) employers, employees, and providers who engage in the business of insurance or participate in the worker's compensation system in this state.
(c) The notification required in subsection (a) of this section must include the docket number, style, and filing date of the enforcement action, if applicable.
(d) An offeree subject to subsection (a) of this section may not make a donation to the department from the date the department initiates an open investigation or enforcement action against the offeree; the offeree applies for a certificate of authority, license, or other department issued permit; the offeree requests a letter of consent pursuant to
18 U.S.C. §1033
; or another state agency initiates an enforcement action against the offeree; until the 90th day after the date the department or other state agency closes its open investigation or reaches final disposition in its enforcement action; the department issues or denies the certificate of authority, license, or other department issued permit; or the department provides or refuses to provide a letter of consent pursuant to
18 U.S.C. §1033
.
(e) A notification pursuant to subsection (a) of this section is not required for form filings, data calls, or other matters not specified in subsection (a) of this section.

## Nearby sections

- [28 Tex. Admin. Code § 3.9301 28 TAC § 3.9301. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9301.md)
- [28 Tex. Admin. Code § 3.9302 28 TAC § 3.9302. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9302.md)
- [28 Tex. Admin. Code § 3.9303 28 TAC § 3.9303. Acceptance of Donations](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9303.md)
- [28 Tex. Admin. Code § 3.9304 28 TAC § 3.9304. Limitations on Offerees and Donors](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9304.md)
- [28 Tex. Admin. Code § 3.9305 28 TAC § 3.9305. Limitations on Entities Subject to Department Regulation](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9305.md)
- [28 Tex. Admin. Code § 3.9306 28 TAC § 3.9306. Procedures for Acceptance of Donations](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9306.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T28_P1_C3_S3_9305. Check the current official text before relying on it. Not legal advice.