Key Takeaways

  • Texas follows the NAIC Suitability in Annuity Transactions Model Regulation
  • Annuity suitability requires producers to gather client information and make suitable recommendations
  • Texas requires disclosure of surrender charges, fees, and penalty-free withdrawal provisions
  • Replacement of existing annuities requires detailed comparison and notification
  • Senior-specific protections apply to annuity sales to elderly consumers
Last updated: January 2026

Texas Annuity Regulations

Texas has adopted comprehensive annuity regulations to protect consumers from unsuitable sales.

Suitability Requirements

Texas follows the NAIC Suitability in Annuity Transactions Model Regulation:

Producer Duties

Before recommending an annuity, the producer must:

  1. Obtain customer information - Financial situation, tax status, investment objectives
  2. Analyze suitability - Determine if recommendation is appropriate
  3. Document the recommendation - Keep records of basis for recommendation
  4. Disclose material information - Explain product features and limitations

Required Customer Information

CategoryInformation Required
Financial StatusIncome, assets, debts, financial needs
Tax StatusTax bracket, qualified vs. non-qualified funds
Investment ObjectivesGoals, time horizon, risk tolerance
Existing CoverageCurrent annuities and life insurance
Liquidity NeedsExpected need for funds
Age and Financial ExperienceUnderstanding of products

Safe Harbor

If producer gathers required information and documents recommendation:

  • Presumption that suitability requirements met
  • Insurer has supervision obligations
  • Records must be maintained for review

Disclosure Requirements

Texas requires specific disclosures for annuity sales:

Required Disclosures

DisclosureRequirement
Surrender ChargesFull schedule must be disclosed
Free WithdrawalAmount that can be withdrawn without penalty
Death BenefitHow benefit is calculated
FeesAll fees and charges
Tax ConsequencesPremature withdrawal penalties

Buyer's Guide

Texas requires an Annuity Buyer's Guide be provided:

  • Must be provided before or at application
  • Explains how annuities work
  • Describes different types
  • Lists questions to ask

Replacement Requirements

When replacing an existing annuity, producers must:

Documentation Required

  1. Comparison statement - Side-by-side of existing and new contract
  2. Replacement form - Signed acknowledgment
  3. Suitability analysis - Why replacement is appropriate
  4. Disclosure of surrender charges - On both policies

Notification

  • Existing insurer must be notified of replacement
  • Allows existing insurer opportunity to conserve business
  • Records must be maintained

Senior Protections

Texas has enhanced protections for senior consumers:

Considerations

  • Additional scrutiny for sales to seniors
  • Surrender periods relative to age
  • Liquidity needs assessment
  • Suitability documentation enhanced

Exam Tip: When selling annuities in Texas, remember the suitability requirements: gather information, analyze, document, and disclose.

Test Your Knowledge

Which of the following is required when recommending an annuity in Texas?

A
B
C
D
Test Your Knowledge

What document must be provided to annuity buyers in Texas?

A
B
C
D