PassSprint
State RegulationsTX specificDifficulty 2/5

The Commissioner adopts a rule that contradicts an express provision of the Texas Insurance Code. Which provision governs?

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why D is correct

Under TIC 31.001-.002 and 31.021-.022, the Commissioner's rulemaking power is authority to administer and enforce the Insurance Code, not to rewrite it. A rule that contradicts or goes beyond an express statutory provision is invalid to that extent, and the statute governs. Practical consequence: a licensee may rely on the statute over a conflicting rule, but cannot rely on an invalid rule as a defense to an enforcement action.

Why the other options are wrong

  • A) The hierarchy is the same for every regulated person; a conflicting rule does not bind licensees while yielding to the statute for insurers.
  • B) Recency does not resolve a conflict between a statute and an agency rule; the hierarchy does, and the statute stands higher.
  • C) Administering agency status does not let a rule override the governing statute, because agency authority is delegated and bounded by the Code.

Memory hook

The statute outranks the rule, because TDI administers the Code rather than amends it.

Keep studying

Related Practice Questions

Your study shortcut

Install PassSprint

Add PassSprint to your Home Screen and open it like an app whenever you're ready to practice.

  1. Open this website in Chrome.
  2. Tap the three-dot menu (⋮) at the top right.
  3. Choose Install app or Add to Home screen → Install, then confirm.

Once added, tap the PassSprint icon on your Home Screen to get started.

Can't find the install option?

If you opened this link inside another app, copy it and open it in Chrome. Menu names can vary by browser.