(a) No indeterminate premium reduction policy may be approved for use in Texas unless the insurer files with the Texas Department of Insurance, in conjunction with such indeterminate premium reduction policy, a statement:(1) that, to the best of the insurer's knowledge and belief, the policy submitted is in compliance with this subchapter;(2) that advertising and solicitation will be in compliance with this subchapter;(3) that any premium redetermination will not reflect a distribution of company surplus nor a return of previously collected premiums; and(4) that any nonguaranteed premium rates used to market the policy are lower than rates that the insurer is willing to guarantee in a fixed premium policy with the same or similar benefits for insureds of essentially the same class of risk.(b) A nonguaranteed premium means any charge for insurance, including any percentage deviation from a maximum charge, that an insurer or insurance agent mentions or illustrates as a possible charge for coverage other than the maximum guaranteed premium specified in the policy.