For the purpose of this division:
(1)"Advertisement" includes, but is not limited to:
(A)printed and published material, audio visual material
and electronic media, descriptive literature of an insurer or agent
used in direct mail, newspapers, magazines, radio, telephone and television
scripts, billboards, and similar displays; [and]
(B)descriptive literature and sales aids of all kinds
issued by an insurer or agent for presentation to members of the public,
including circulars, leaflets, booklets, depictions, illustrations,
and form letters; [and]
(C)prepared sales talks, presentations and materials
for use by agents, and those representations recurringly made by agents
to members of the public; [and]
(D) - (G)(No change.)
(2) - (3)(No change.)
(4)"Insurer" includes any individual, partnership,
corporation, organization, or person issuing evidence of coverage
or insurance, or any other entity acting as an insurer to which this
division can be made legally applicable including, as applicable,
Health Maintenance Organizations [and Nonprofit Legal Services
Corporations], and all insurance companies doing the business
of insurance in this state such as capital stock companies, mutual
companies, title insurance companies, fraternal benefits societies,
local mutual aid associations, local mutual burial associations, statewide
mutual assessment companies, county mutual and farm mutual insurance
companies, Lloyds' plan companies, reciprocal or interinsurance exchanges,
stipulated premium insurance companies, and group hospital service
companies and, as can be made appropriate, premium finance companies,
and viatical and life settlement providers.
(5) - (8)(No change.)
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to
adopt.
Filed with the Office
of the Secretary of State on November 25, 2020
TRD-202005007 James Person
General Counsel
Texas Department of Insurance
Earliest possible date of adoption: January 10, 2021
For further information, please call: (512) 676-6584
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