reglab/housing_qa huggingface dataset:
§ 7 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 7. Plan of Operation

Sec. 7. PLAN OF OPERATION.    (a)  The initial board of directors of the association shall prepare and adopt a plan of operation that is consistent with this article.(b) The plan must provide for:(1) economic, fair, and nondiscriminatory administration of the association and its duties;(2) prompt and efficient provision of primary liability insurance for nonprofit organizations;(3) preliminary assessment of association members for initial expenses necessary to begin operations;(4) establishing necessary facilities;(5) management of the association;(6) assessment of members and policyholders to defray losses and expenses;(7) administration of the policyholder stabilization reserve fund;(8) commission arrangements;(9) reasonable and objective underwriting standards;(10) obtaining reinsurance;(11) appointment of servicing carriers;  and(12) determining amounts of insurance to be provided by the association.(c) The plan of operation must provide that any balance remaining in the various funds of the association at the close of its fiscal year shall be added to the reserves of the association.  A balance remaining at the close of the fiscal year means the excess of revenue over expenditures after reimbursement of members' contributions as provided by Section 12 of this article.(d) The board of directors may amend the plan of operation with the approval of the board and shall amend the plan of operation at the direction of the board.
§ 8 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 8. Eligibility for Coverage

Sec. 8. ELIGIBILITY FOR COVERAGE.    (a)  The board, by order, shall establish the categories of nonprofit organizations that are eligible to obtain coverage from the association and may amend the order to include or exclude from eligibility particular categories of nonprofit organizations.(b) If a category of nonprofit organizations is excluded from eligibility to obtain coverage from the association, the board, after notice and hearing, may determine that liability insurance for nonprofit organizations in that category is not available, and on that determination that category of nonprofit organizations is eligible to obtain insurance coverage from the association.
§ 9 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 9. Application for Coverage

Sec. 9. APPLICATION FOR COVERAGE.    (a)  A nonprofit organization included in a category eligible for coverage by the association is entitled to submit an application to the association for coverage as provided by this article and the plan of operation.(b) An agent authorized under Article 21.14 of this code may submit the application to the association on behalf of an applicant.(c) If the association determines that the applicant meets the underwriting standards provided by the plan of operation and that there is no unpaid, uncontested premium, policyholder stabilization reserve fund charge, or assessment owed by the applicant for prior insurance, the association, on receipt of the premium and the policyholder stabilization reserve fund charge or the portion of that charge required by the plan of operation, shall cause a liability insurance policy to be issued to the nonprofit organization for one year.
§ 10 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 10. Rates and Policy Forms

Sec. 10. RATES AND POLICY FORMS.    (a)  The rates, rating plans, rating rules, rating classification, territories, and policy forms that apply to liability insurance written by the association and the statistics relating to that insurance coverage are governed by Subchapter B, Chapter 5, of this code, except to the extent that this article is in conflict.  This article prevails over any conflict with Subchapter B, Chapter 5, of this code.(b) In carrying out its responsibilities under Subsection (a) of this section, the board shall give due consideration to the past and prospective loss and expense experience, as available, for liability insurance covering nonprofit organizations inside and outside this state for all member companies of the association, trends in frequency and severity of losses, the investment income of the association, and other information the board may require.(c) After the initial year of operation for the association, rates, rating plans, and rating rules and any provision for recoupment shall be based on the association's loss and expense experience to the extent credible, together with other information based on that experience.  The board of directors shall engage the services of an independent actuarial firm to develop and recommend actuarially sound rates, rating plans, and rating rules and classifications.  Those recommendations shall become effective unless, after hearing and not later than the 30th day after the date the recommendations are submitted, the commissioner determines the recommendations to be arbitrary and capricious.
§ 11 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 11. Association Deficit

Sec. 11. ASSOCIATION DEFICIT.    (a)  A deficit sustained by the association in any year shall be recouped pursuant to the plan of operation and the rating plan that is in effect at the time of the deficit.(b) The association shall recoup the deficit by following one or more of the following procedures in this sequence:(1) a contribution from the policyholder stabilization reserve fund until that fund is exhausted;(2) an assessment on the policyholders under Section 13 of this article;  and(3) an assessment on the members of the association as provided by Section 12 of this article.
§ 12 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 12. Assessment of Association Members

Sec. 12. ASSESSMENT OF ASSOCIATION MEMBERS.    (a)  In addition to assessments paid as provided by the plan of operation and contributions from the policyholder stabilization reserve fund, if sufficient funds are not available for the sound financial operation of the association, the members of the association shall contribute to the financial requirements of the association on the basis and for the period considered necessary by the board.(b) A member of the association shall be reimbursed for any assessment or contribution made under this section plus interest at a rate determined by the board.(c) Pending the recoupment or reimbursement of assessments or contributions paid by a member to the association, the unrepaid balance of the assessments and contributions may be reflected in the books of the member of the association as an admitted asset of the insurer for all purposes including exhibition in the annual statement under Article 6.12 of this code.(d) To the extent that a member of the association has paid one or more assessments and has not received reimbursement from the association as provided by Subsection (b) of this section, the member is entitled to a credit against its premium taxes under Article 4.10 of this code.  The tax credit shall be allowed at a rate of 20 percent a year over a period of five successive years following the year in which the deficit is sustained or over a different number of years at the option of the member.
§ 13 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 13. Policyholder Assessment

Sec. 13. POLICYHOLDER ASSESSMENT.    (a)  Each policyholder of the association has a contingent liability for a proportionate share of any assessment of policyholders made under this article.(b) If a deficit as calculated under the plan of operation is sustained by the association in any year, the board of directors shall levy an assessment only on those policyholders who had policies in force at any time during the two most recently completed calendar years in which the association issued policies preceding the date on which the assessment is levied.(c) The aggregate amount of the assessment shall be equal to that part of the deficit that is not paid from the policyholder stabilization reserve fund.(d) The maximum aggregate assessment for each policyholder may not exceed the annual premium for the liability policy from the association most recently in effect.(e) Subject to the limitation provided by Subsection (d) of this section, each policyholder shall be assessed for that portion of the deficit that reflects the proportion that the earned premium on the policies of the policyholder bears to the total earned premium for all policies of the association in the two most recently completed calendar years.
§ 14 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 14. Policyholder Stabilization Reserve Fund

Sec. 14. POLICYHOLDER STABILIZATION RESERVE FUND.    (a)  The policyholder stabilization reserve fund is created and shall be administered as provided by this article and the plan of operation.(b) Each policyholder shall pay to the fund annually an amount determined annually by the board of directors as provided by the plan of operation.(c) The charge shall be computed in proportion to each premium payment due for liability insurance through the association.(d) The policy shall state the charge separately.  The charge is not part of the premium and is not subject to premium taxes, servicing fees, acquisition costs, or any other similar charges.(e) The association shall collect money for and administer the fund, and the fund shall be treated as a liability of the association along with and in the same manner as premium and loss reserves.(f) The board of directors shall value the fund annually at the close of the last preceding year.(g) The association shall continue to collect the charge until the time the net balance of the fund is not less than the projected sum of premiums to be written in the year following the valuation date under Subsection (f) of this section.(h) All charges collected from policyholders shall be credited to the fund, and the fund shall be charged with any deficit from operations of the association during the previous year.
§ 15 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 15. Appeal

Sec. 15. APPEAL.    (a)  A person insured or applying for insurance under this article or his authorized representative or an affected insurer who may be aggrieved by an act, ruling, or decision of the association may appeal the act, ruling, or decision to the board of directors not later than the 30th day after the date on which the act took place or the ruling or decision was issued.(b) The board of directors shall hold a hearing on the appeal not later than the 30th day after the date the appeal is filed and shall give at least 10 days' written notice of the time and place of the hearing to the person filing the appeal or his authorized representative.(c) Not later than the 10th day after the date the hearing ends, the board of directors shall issue an order affirming, reversing, or modifying the appealed act, ruling, or decision.(d) A person or entity that is a party to an appeal under Subsection (a) of this section may appeal the board of directors' decision to the board.(e) The board shall hold a hearing on an appeal filed under Subsection (d) of this section not later than the 30th day after the date on which the appeal is filed with the board and shall give written notice to any person or entity filing the appeal or his authorized representative not later than the 10th day before the date on which the appeal is to be heard.(f) Not later than the 30th day after the date on which the board's hearing ends, the board shall decide the appeal and shall issue an order.(g) Pending a hearing and decision on an appeal to the board, the board may suspend or postpone the effective date of the decision appealed.(h) A final decision of the board may be appealed as provided by Subsection (f), Article 1.04, of this code.
§ 16 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 16. Immunity

Sec. 16. IMMUNITY.  The association, its agents and employees, an insurer, a licensed agent, or the board or its authorized representatives are not liable for any statements made in good faith by them.
§ 17 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 17. Annual Statements

Sec. 17. ANNUAL STATEMENTS.    (a)  The association shall file with the board a statement that includes information with respect to its transactions, condition, operations, and affairs during the preceding calendar year.  This statement must be filed each year on or before March 1.(b) The statement shall include those matters and that information that is required by the board and shall be in the form approved by the board.(c) The board may require the association to furnish additional information with regard to the association's transactions, condition, or any matter connected with its transactions and condition considered to be material and of assistance in evaluating the scope, operation, and experience of the association.
§ 18 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 18. Examinations

Sec. 18. EXAMINATIONS.  The board shall make an examination into the affairs of the association at least annually.  The examination shall be conducted, the report of the examination filed, and the expenses borne and paid in the manner provided by Articles 1.15 and 1.16 of this code.
§ 19 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association|Section 19. Filing Information With State

Sec. 19. FILING INFORMATION WITH STATE.  The association shall collect the data, information, and statements and shall file with the board the reports and statements required by Articles 1.24A and 1.24B of this code.|Added by Acts 1987, 70th Leg., 1st C.S., ch. 1, Sec. 5.06, eff. Sept. 2, 1987.  Sec. 6 amended by Acts 1991, 72nd Leg., ch. 242, Sec. 9.13, eff. Sept. 1, 1991.|
§ 1 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.52B. Pharmaceutical Services|Section 1. Definitions

Sec. 1. DEFINITIONS.  In this article:(1) "Health insurance policy" means an individual, group, blanket, or franchise insurance policy, insurance policy or agreement, or group hospital service contract that provides benefits for pharmaceutical services that are necessary as a result of or to prevent an accident or sickness, but does not include evidence of coverage provided by a health maintenance organization under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code).(2) "Pharmaceutical services" means services, including dispensing prescription drugs, that are ordinarily and customarily rendered by a pharmacy or pharmacist licensed to practice pharmacy under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes).(3) "Pharmacist" means a person licensed to practice pharmacy under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes).(4) "Pharmacy" means a facility licensed as a pharmacy under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes).(5) "Drugs" and "prescription drugs" have the meanings assigned by Section 5, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes).(6) "Managed care plan" means a health maintenance organization, a preferred provider organization, or another organization that, under a contract or other agreement entered into with a participant in the plan:(A) provides health care benefits, or arranges for health care benefits to be provided, to a participant in the plan;  and(B) requires or encourages those participants to use health care providers designated by the plan.
§ 2 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.52B. Pharmaceutical Services|Section 2. Prohibited Contractual Provisions

Sec. 2. PROHIBITED CONTRACTUAL PROVISIONS.    (a)  A health insurance policy or managed care plan that is delivered, issued for delivery, or renewed or for which a contract or other agreement is executed may not:(1) prohibit or limit a person who is a beneficiary of the policy from selecting a pharmacy or pharmacist of the person's choice to be a provider under the policy to furnish pharmaceutical services offered or provided by that policy or interfere with that person's selection of a pharmacy or pharmacist;(2) deny a pharmacy or pharmacist the right to participate as a contract provider under the policy or plan if the pharmacy or pharmacist agrees to provide pharmaceutical services that meet all terms and requirements and to include the same administrative, financial, and professional conditions that apply to pharmacies and pharmacists who have been designated as providers under the policy or plan;  or(3) require a beneficiary of a policy or a participant in a plan to obtain or request a specific quantity or dosage supply of pharmaceutical products.(b) Notwithstanding Subsection (a)(3) of this section, a health insurance policy or managed care plan may allow the physician of a beneficiary or participant to prescribe drugs in a quantity or dosage supply the physician determines appropriate and that is in compliance with state and federal statutes.(c) This section does not prohibit:(1) a provision of a policy or plan from limiting the quantity or dosage supply of pharmaceutical products for which coverage is provided or providing financial incentives to encourage the beneficiary or participant and the prescribing physician to use a program that provides pharmaceutical products in quantities that result in cost savings to the insurance program or managed care plan and the beneficiary or participant if the provision applies equally to all designated providers of pharmaceutical services under the policy or plan;(2) a pharmacy card program that provides a means of obtaining pharmaceutical services offered by the policy or plan through all designated providers of pharmaceutical services;  or(3) a plan from establishing reasonable application and recertification fees for a pharmacy which provides pharmaceutical services as a contract provider under the plan, provided that such fees are uniformly charged to each pharmacy under contract to the plan.
§ 3 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.52B. Pharmaceutical Services|Section 3. Provision Void

Sec. 3. PROVISION VOID.  A provision of a health insurance policy or managed care plan that is delivered, issued for delivery, entered into, or renewed in this state that conflicts with Section 2 of this article is void to the extent of the conflict.
§ 4 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.52B. Pharmaceutical Services|Section 4. Construction of Article

Sec. 4. CONSTRUCTION OF ARTICLE.  This article does not require a health insurance policy or managed care plan to provide pharmaceutical services.
§ 5 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.52B. Pharmaceutical Services|Section 5. Application of Prohibition

Sec. 5. APPLICATION OF PROHIBITION.  The provisions of Section 2 of this article do not apply to a self-insured employee benefit plan that is subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001, et seq.).
§ 6 (2021)
2021 Texas Statutes|Insurance Code - Not Codified|Title 1 - The Insurance Code of 1951|Chapter 21 - General Provisions|Subchapter E. Miscellaneous Provisions|Article 21.52B. Pharmaceutical Services|Section 6.

Sec. 6. Repealed by Acts 1993, 73rd Leg., ch. 685, Sec. 19.06, eff. Aug. 30, 1993.|Added by Acts 1991, 72nd Leg., ch. 182, Sec. 1, eff. Sept. 1, 1991.  Sec. 2(b) amended by Acts 1993, 73rd Leg., ch. 685, Sec. 19.07, eff. Sept. 1, 1993;  Sec. 5 amended by Acts 1993, 73rd Leg., ch. 685, Sec. 19.08, eff. Sept. 1, 1993;  Sec. 6 repealed by Acts 1993, 73rd Leg., ch. 685, Sec. 19.06, eff. Aug. 30, 1993;  Sec. 1(6) added by Acts 1995, 74th Leg., ch. 852, Sec. 1, eff. Sept. 1, 1995;  Sec. 2 amended by Acts 1995, 74th Leg., ch. 852, Sec. 2, eff. Sept. 1, 1995;  Sec. 3 amended by Acts 1995, 74th Leg., ch. 852, Sec. 3, eff. Sept. 1, 1995;  Sec. 4 amended by Acts 1995, 74th Leg., ch. 852, Sec. 4, eff. Sept. 1, 1995.|