Key Takeaways

  • Texas adopted comprehensive annuity suitability requirements under 28 TAC Chapter 3
  • Producers must act in the best interest of the consumer when recommending annuities
  • A thorough suitability analysis must be completed and documented before any annuity sale
  • Texas requires disclosure of compensation and conflicts of interest
  • Insurers must maintain supervision systems to ensure producer compliance
Last updated: January 2026

Texas Annuity Suitability Requirements

Texas has adopted comprehensive annuity suitability regulations under 28 TAC Chapter 3 to protect consumers from unsuitable annuity sales.

Best Interest Standard

Texas requires producers to act in the best interest of the consumer:

Core Obligations

ObligationDescription
CareExercise reasonable diligence, care, and skill
DisclosureProvide material information to consumer
Conflict ManagementIdentify and manage conflicts of interest
DocumentationMaintain records of suitability analysis

Best Interest Definition

Under Texas rules, best interest means:

  • Recommendation reflects consumer's suitability information
  • Producer has reasonable basis to believe consumer will benefit
  • Producer's compensation does not drive recommendation
  • All material information is disclosed

Exam Tip: Texas's best interest standard means producers cannot prioritize commissions over consumer needs. Know this distinction.

Required Suitability Information

Before recommending an annuity, producers must obtain:

Consumer Profile Categories

  1. Financial Situation

    • Annual income
    • Assets and liabilities
    • Financial needs and objectives
  2. Tax Status

    • Current tax bracket
    • Qualified vs. non-qualified funds
  3. Investment Profile

    • Investment objectives
    • Investment experience
    • Investment time horizon
  4. Risk Tolerance

    • Risk tolerance level
    • Liquidity needs
    • Existing insurance products

Producer Responsibilities

Reasonable Basis Requirement

Producers must have reasonable grounds to believe:

FactorAnalysis Required
Consumer BenefitConsumer benefits from product features
Product MatchAnnuity matches stated objectives
Alternative AnalysisOther options were considered
Surrender AppropriatenessConsumer can afford surrender period

Replacement Analysis

When replacing an existing annuity or life insurance:

  • Compare benefits of existing and new products
  • Evaluate surrender charges on existing contract
  • Consider new surrender charge period
  • Document why replacement benefits consumer
  • Consider tax consequences of replacement

Documentation Requirements

Texas requires producers to document:

  1. Consumer information gathered
  2. Analysis of consumer's financial situation
  3. Basis for the recommendation
  4. Why the annuity meets consumer's needs
  5. Alternatives considered

Insurer Supervision

Required Supervision Systems

RequirementDescription
Written ProceduresCompliance procedures required
TrainingProducer training on requirements
Transaction ReviewReview annuity recommendations
Corrective ActionAddress deficiencies

Safe Harbor

Insurers receive a safe harbor if they:

  • Maintain adequate supervision procedures
  • Have no reason to know of unsuitable sales
  • Conduct compliance reviews
  • Take corrective action when needed

Exam Tip: Both producers AND insurers have compliance responsibilities under Texas law.

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Texas Annuity Suitability Process
Test Your Knowledge

What standard must Texas producers meet when recommending annuities?

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D
Test Your Knowledge

Which of the following is NOT required when gathering suitability information in Texas?

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D
Test Your Knowledge

What must Texas insurers establish to comply with annuity suitability rules?

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B
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D
Test Your Knowledge

When recommending an annuity replacement in Texas, what must a producer document?

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D
Test Your Knowledge

A Texas producer recommends an annuity primarily because it pays the highest commission. This is:

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D