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Texas: premium trust account rules

What Texas requires of insurance producers holding premium funds, and what happens when those funds are diverted.

Citation

I.C. §§ 4005.101 to 4005.102; 4005.153; 4053.106; 4053.151

Source chart last reviewed this jurisdiction: 2/25

What the jurisdiction requires

Managing general agents hold money in a fiduciary capacity and shall adequately account for that money.

Penalties for diversion

Any insurance agent who collects premiums for an insurance company and who embezzles or fraudulently converts, secretes or otherwise disposes of, shall be punished as if he had stolen the same. The department may suspend, revoke, or deny renewal of a license if the license holder misappropriates, converts to one’s own use or illegally withholds money belonging to an insurer; health maintenance organization; or an insured, enrollee or beneficiary.

This reference is not legal advice. Citations and summaries are transcribed from the NAIC's Fiduciary Responsibilities—Premiums chart (Spring 2025) and reflect that chart's own review dates, which vary by jurisdiction. Statutes change, and the chart may lag the current code. Confirm the current text of any provision with the jurisdiction's insurance department or your own counsel before relying on it.

NAIC, Fiduciary Responsibilities—Premiums (Model Laws, Regulations, Guidelines and Other Resources, Spring 2025)

Tie out a Texas trust account

Tie your premium trust account out three ways — bank, ledger and what you owe — with Texas's cited rule beside the worksheet. Runs in your browser; nothing is uploaded.

Trust account reconciliation worksheet

Keep your trust account provably in balance

Policy Balance Hub tracks premium held in trust against what you owe each carrier, so the reconciliation an examiner asks for already exists.