reglab/housing_qa huggingface dataset:
TX Ins Code § 2210.105 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter C. Association Board of Directors; General|Section 2210.105. Meetings

Sec. 2210.105.  MEETINGS.  (a)  Except for an emergency meeting, the association shall:(1)  notify the department not later than the 11th day before the date of a meeting of the board of directors or of the members of the association; and(2)  not later than the seventh day before the date of a meeting of the board of directors, post notice of the meeting on the association's Internet website and the department's Internet website.(b)  Except for a closed meeting authorized by Subchapter D, Chapter 551, Government Code, a meeting of the board of directors or of the members of the association is open to  the public.(b-1)  The commissioner or the commissioner's designated representative may attend a meeting of the board of directors or the members of the association, including a closed meeting authorized by Subchapter D, Chapter 551, Government Code, except for those portions of a closed meeting that involve the rendition of legal advice to the board concerning a regulatory matter or that would constitute an ex parte communication with the commissioner.(c)  Notice of a meeting of the board of directors or the association must be given as provided by Chapter 551, Government Code.(d)  Except for an emergency meeting, a meeting of the board of directors shall be held at a location as determined by the board of directors.(e)  The association shall:(1)  broadcast live on the association's Internet website all meetings of the board of directors, other than closed meetings; and(2)  maintain on the association's Internet website an archive of meetings of the board of directors.(f)  A recording of a meeting must be maintained in the archive required under Subsection (e) through and including the second anniversary of the meeting.(g)  The presence of the commissioner or the commissioner's designated representative at a closed meeting does not waive or impair any privilege, including attorney-client privilege, that exists in statute or at common law.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 21, eff. June 19, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 16, eff. September 28, 2011.|
TX Ins Code § 2210.1051 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter C. Association Board of Directors; General|Section 2210.1051. Meetings of Board of Directors

Sec. 2210.1051.  MEETINGS OF BOARD OF DIRECTORS.  (a)  Notwithstanding Chapter 551, Government Code, or any other law, members of the board of directors may meet by telephone conference call, videoconference, or other similar telecommunication method.  The board may use telephone conference call, videoconference, or other similar telecommunication method for purposes of establishing a quorum or voting or for any other meeting purpose in accordance with this subsection and Subsection (b).  This subsection applies without regard to the subject matter discussed or considered by the members of the board at the meeting.(b)  A meeting held by telephone conference call, videoconference, or other similar telecommunication method:(1)  is subject to the notice requirements applicable to other meetings of the board of directors;(2)  may not be held unless notice of the meeting specifies the location of the meeting and a recording of the meeting is posted on the association's website;(3)  must be audible to the public at the location specified in the notice under Subdivision (2); and(4)  must provide two-way audio communication between all members of the board attending the meeting during the entire meeting, and if the two-way audio communication link with members attending the meeting is disrupted so that a quorum of the board is no longer participating in the meeting, the meeting may not continue until the two-way audio communication link is reestablished.|Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 22, eff. June 19, 2009.|
TX Ins Code § 2210.1052 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter C. Association Board of Directors; General|Section 2210.1052. Emergency Meeting

Sec. 2210.1052.  EMERGENCY MEETING.  If the ultimate loss estimate for an occurrence or series of occurrences made by the chief financial officer or chief actuary of the association indicates member insurers may be subject to an assessment under Subchapter B-1, the board of directors shall call an emergency meeting to notify the member insurers about the assessment.|Added by Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900), Sec. 3, eff. June 10, 2019.|
TX Ins Code § 2210.106 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter C. Association Board of Directors; General|Section 2210.106. Immunity of Director or Officer From Liability

Sec. 2210.106.  IMMUNITY OF DIRECTOR OR OFFICER FROM LIABILITY.  (a)  A director or officer of the association is not individually liable for an act or failure to act in the performance of official duties in connection with the association.(b)  Subsection (a) does not apply to:(1)  an act or failure to act of the association or an employee of the association;(2)  an act or omission involving a motor vehicle; or(3)  an act or failure to act that constitutes bad faith, intentional misconduct, or gross negligence.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.107 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter C. Association Board of Directors; General|Section 2210.107. Primary Board Objectives; Report

Sec. 2210.107.  PRIMARY BOARD OBJECTIVES; REPORT.  (a)  The primary objectives of the board of directors are to ensure that the board and the association:(1)  operate in accordance with this chapter, the plan of operation, and commissioner rules;(2)  comply with sound insurance principles;(3)  meet all standards imposed under this chapter;(4)  establish a code of conduct and performance standards for association employees and persons with which the association contracts; and(5)  establish, and adhere to terms of, an annual evaluation of association management necessary to achieve the statutory purpose, board objectives, and any performance or enterprise risk management objectives established by the board.(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 17, eff. September 1, 2019.(c)  Not later than June 1 of each year, the association shall submit to the commissioner, the legislative oversight board established under Subchapter N, the governor, the lieutenant governor, and the speaker of the house of representatives a report evaluating the extent to which the board met the objectives described by Subsection (a) in the 12-month period immediately preceding the date of the report.|Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 23, eff. June 19, 2009.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 17, eff. September 28, 2011.Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 17, eff. September 1, 2019.|
TX Ins Code § 2210.108 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter C. Association Board of Directors; General|Section 2210.108. Open Meetings and Open Records

Sec. 2210.108.  OPEN MEETINGS AND OPEN RECORDS.  (a)  Except as specifically provided by this chapter or another law, the association is subject to Chapters 551 and 552, Government Code.(b)  A settlement agreement to which the association is a party:(1)  is public information and is not exempted from required disclosure under Chapter 552, Government Code; and(2)  if applicable, must contain the name of any attorney or adjuster representing a claimant or the association in connection with the claim that is the basis of the settlement.(c)  Subsection (b) may not be construed to limit or otherwise restrict the categories of information that are public information under Section 552.022, Government Code.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 18, eff. September 28, 2011.|
TX Ins Code § 2210.109 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter C. Association Board of Directors; General|Section 2210.109. Disclosure of Conflicts

Sec. 2210.109.  DISCLOSURE OF CONFLICTS.  (a)  A member of the board of directors, or a member of a subcommittee of the board of directors that relates to underwriting and actuarial matters, shall disclose any potential conflict of interest of the member known by the member with respect to a matter for discussion or vote by the board or subcommittee, as applicable, before the discussion or vote.  A potential conflict of interest is an interest that may reasonably be expected to diminish the member's independent judgment with respect to the matter for discussion or vote.  Potential conflicts of interest required to be disclosed under this section include:(1)  a financial or personal interest in an entity that may financially benefit from the outcome of the discussion or vote; and(2)  holding an insurance policy issued by the association that may be affected by the discussion or vote.(b)  A disclosure under this section must be made available to the public.  A board or subcommittee member satisfies this requirement if:(1)  with respect to an open meeting or meeting broadcast live on the association's Internet website, the member publicly discloses the conflict of interest in the meeting or during the broadcast; or(2)  with respect to a meeting that is not an open meeting or broadcast live on the association's Internet website, the member discloses the conflict of interest in the agenda of the meeting and makes the agenda publicly available on the association's Internet website before the meeting.|Added by Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 5, eff. September 1, 2019.|
TX Ins Code § 2210.151 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter D. Plan of Operation|Section 2210.151. Adoption of Plan of Operation

Sec. 2210.151.  ADOPTION OF PLAN OF OPERATION.  With the advice of the board of directors, the commissioner by rule shall adopt the plan of operation to provide  Texas windstorm and hail insurance in a catastrophe area.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 24, eff. June 19, 2009.|
TX Ins Code § 2210.152 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter D. Plan of Operation|Section 2210.152. Contents of Plan of Operation

Sec. 2210.152.  CONTENTS OF PLAN OF OPERATION.  (a)  The plan of operation must:(1)  provide for the efficient, economical, fair, and nondiscriminatory administration of the association; and(2)  include:(A)  a plan for the equitable assessment of the members of the association to defray losses and expenses;(B)  underwriting standards;(C)  procedures for accepting and ceding reinsurance;(D)  procedures for obtaining and repaying amounts under any financial instruments authorized under this chapter;(E)  procedures for determining the amount of insurance to be provided to specific risks;(F)  time limits and procedures for processing applications for insurance;(G)  a requirement that a nonresident agent licensed under Section 4056.052 may not offer or sell a Texas windstorm and hail insurance policy under this chapter unless the nonresident agent's state of residence authorizes a resident agent licensed in this state to act in the nonresident agent's state as an agent for that state's residual insurer of last resort for windstorm and hail insurance; and(H)  other provisions as considered necessary by the department to implement the purposes of this chapter.(b)  The plan of operation may provide for liability limits for an insured structure and for the corporeal movable property located in the structure.(c)  The plan of operation shall require the association to use the claim settlement guidelines published by the commissioner under Section 2210.578(f) in evaluating the extent to which a loss to insured property is incurred as a result of wind, waves, tidal surges, or rising waters not caused by waves or surges.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 25, eff. June 19, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 19, eff. September 28, 2011.Acts 2017, 85th Leg., R.S., Ch. 878 (H.B. 3018), Sec. 1, eff. January 1, 2018.|
TX Ins Code § 2210.153 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter D. Plan of Operation|Section 2210.153. Amendments to Plan of Operation

Sec. 2210.153.  AMENDMENTS TO PLAN OF OPERATION.  (a)  The association may present a recommendation for a change in the plan of operation to the department at:(1)  periodic hearings conducted by the department for that purpose; or(2)  hearings relating to property and casualty insurance rates.(b)  The association must present a proposed change to the department in writing in the manner prescribed by the commissioner.  A proposed change does not take effect unless adopted by the commissioner by rule.(c)  An interested person may, in accordance with Chapter 2001, Government Code, petition the commissioner to modify the plan of operation.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.201 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter E. Insurance Coverage|Section 2210.201. Definition of Insurable Interest

Sec. 2210.201.  DEFINITION OF INSURABLE INTEREST.  In this subchapter, "insurable interest" includes any lawful and substantial economic interest in the safety or preservation of property from loss, destruction, or pecuniary damage.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.202 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter E. Insurance Coverage|Section 2210.202. Application for Coverage; Declination Requirement

Sec. 2210.202.  APPLICATION FOR COVERAGE; DECLINATION REQUIREMENT.  (a)  A person who has an insurable interest in insurable property may apply to the association for insurance coverage provided under the plan of operation and an inspection of the property, subject to any rules established by the board of directors and approved by the commissioner.  The association shall make insurance available to each applicant in the catastrophe area whose property is insurable property but who, after diligent efforts, is unable to obtain property insurance through the voluntary market, as evidenced by one declination from an insurer authorized to engage in the business of, and writing, property insurance providing windstorm and hail coverage in the first tier coastal counties.  For purposes of this section, "declination" has the meaning assigned by the plan of operation and shall include a refusal to offer coverage for the perils of windstorm and hail and the inability to obtain substantially equivalent insurance coverage for the perils of windstorm and hail.  Notwithstanding Section 2210.203(c), evidence of one declination every three calendar years is required before renewal of an association policy.(b)  A property and casualty agent must submit an application for initial insurance coverage on behalf of the applicant on forms prescribed by the association.   An application for initial coverage must contain:(1)  a statement as to whether the applicant has submitted or will submit the required premium payment from personal funds or, if not, to whom a balance is or will be due; and(2)  a statement that the agent acting on behalf of the applicant possesses proof of the declination described by Subsection (a) and proof of flood insurance coverage or unavailability of that coverage as described by Section 2210.203(a-1).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.15, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 26, eff. June 19, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 20, eff. September 28, 2011.Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 6, eff. September 1, 2019.|
TX Ins Code § 2210.203 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter E. Insurance Coverage|Section 2210.203. Issuance of Coverage; Term; Renewal

Sec. 2210.203.  ISSUANCE OF COVERAGE; TERM; RENEWAL.  (a)  If the association determines that the property for which an application for initial insurance coverage is made is insurable property, the association, on payment of the premium in full or in part as authorized under Section 2210.2032, shall direct the issuance of an insurance policy as provided by the plan of operation.(a-1)  This subsection applies only to a structure constructed, altered, remodeled, or enlarged on or after September 1, 2009, and only for insurable property located in areas designated by the commissioner.  Notwithstanding Subsection (a), if all or any part of the property to which this subsection applies is located in Zone V or another similar zone with an additional hazard associated with storm waves, as defined by the National Flood Insurance Program, and if flood insurance under that federal program is available, the association may not issue an insurance policy for initial or renewal coverage unless evidence that the property is covered by a flood insurance policy is submitted to the association.  An agent offering or selling a Texas windstorm and hail insurance policy in any area designated by the commissioner under this subsection shall offer flood insurance coverage to the prospective insured, if that coverage is available.(b)  A policy issued under this section is for a one-year term.(c)  A policy may be renewed annually as long as the property continues to be insurable property.(c-1)  With the advice of the association, the commissioner shall adopt rules establishing a grace period of not more than 10 days after the due date for the receipt of payment of premium for the renewal of a policy.(d)  The commissioner, after receiving a recommendation from the board of directors, shall approve a commission structure for payment of an agent who submits an application for coverage to the association on behalf of a person who has an insurable interest in insurable property.  The commission structure adopted by the commissioner must be fair and reasonable, taking into consideration the amount of work performed by an agent in submitting an application to the association and the prevailing commission structure in the private windstorm market.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 27, eff. June 19, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 21, eff. September 28, 2011.Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 7, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 353 (H.B. 2920), Sec. 1, eff. September 1, 2021.|
TX Ins Code § 2210.2031 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter E. Insurance Coverage|Section 2210.2031. Automatic Renewal

Sec. 2210.2031.  AUTOMATIC RENEWAL.  (a)  The association shall establish a process for automatic renewal of a policy in accordance with this section.(b)  The process established under Subsection (a) must:(1)  provide for the association to verify:(A)  the declination required by Section 2210.202;(B)  flood insurance coverage required by Section 2210.203; and(C)  any other information related to insurability of a property, including changes to the condition or value of the property that would affect the availability of coverage or premium cost to insure the property; and(2)  provide an opportunity for the policyholder to elect to cancel the policy before the policy automatically renews.|Added by Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 8, eff. September 1, 2019.|
TX Ins Code § 2210.2032 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2210 - Texas Windstorm Insurance Association|Subchapter E. Insurance Coverage|Section 2210.2032. Premium Payment Methods

Sec. 2210.2032.  PREMIUM PAYMENT METHODS.  (a)  The association shall accept payment of premium by credit card.  The association may impose a fee on a policyholder for the use of a credit card to pay premium.  The fee may not exceed the amount necessary to recoup the cost incurred by the association in connection with the policyholder's use of a credit card.(b)  The association shall provide to policyholders the option to pay premium in installments.  A policyholder that pays premium in accordance with an installment payment plan established by the association and remains current on the payments satisfies the obligation for payment of premium under this chapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 8, eff. September 1, 2019.|