reglab/housing_qa huggingface dataset:
TX Ins Code § 463.401 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter I. Appeals and Other Actions|Section 463.401. Appeal to Commissioner

Sec. 463.401.  APPEAL TO COMMISSIONER.  (a)  Not later than the 60th day after the date of a final action of the association or the board, a member insurer may appeal the action to the commissioner.(b)  A member insurer appealing an assessment shall pay the assessment to the association. The association may use the money to meet the association's obligations while the appeal is pending.  If the appeal on the assessment is upheld, the association shall return to the insurer the amount paid in error or in excess of the amount the commissioner determines the insurer was obligated to pay.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.402 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter I. Appeals and Other Actions|Section 463.402. Venue

Sec. 463.402.  VENUE.  Venue for an action against the association under this chapter is in Travis County.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.403 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter I. Appeals and Other Actions|Section 463.403. Appeal Bond

Sec. 463.403.  APPEAL BOND.  The association is not required to give an appeal bond in an appeal of a cause of action under this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.404 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter I. Appeals and Other Actions|Section 463.404. Stay of Proceedings; Certain Decisions Not Binding

Sec. 463.404.  STAY OF PROCEEDINGS; CERTAIN DECISIONS NOT BINDING.  (a)  To permit the receiver or association to properly defend a pending cause of action, a proceeding in which an impaired insurer is a party or is obligated to defend a party in a court in this state, other than a proceeding directly related to the receivership or brought by the receiver, is stayed for:(1)  a six-month period beginning on the later of the date the insurer is designated as impaired or the date an ancillary proceeding is brought in this state; and(2)  any subsequent period as determined by the court.(b)  If a covered claim arises from a judgment, order, verdict, finding, or other decision based on the default of an impaired insurer or the insurer's failure to defend an insured, the association on the association's behalf or on behalf of the insured may apply to the court or administrator that made the decision to have the decision set aside and is entitled to defend the claim on the merits.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.451 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter J. Prohibited Practices|Section 463.451. Prohibited Use of Protection Provided by Chapter

Sec. 463.451.  PROHIBITED USE OF PROTECTION PROVIDED BY CHAPTER.  (a)  A person may not make, publish, disseminate, circulate, or place before the public, or directly or indirectly cause to be made, published, disseminated, circulated, or placed before the public, a written or oral advertisement, announcement, or statement that uses the existence of the association to sell, solicit, or induce the purchase of a kind of insurance with respect to which this chapter provides coverage.(b)  This section applies to an advertisement, announcement, or statement made, published, disseminated, circulated, or placed before the public:(1)  in a newspaper, magazine, or other publication;(2)  in a notice, circular, pamphlet, letter, or poster;(3)  over a radio or television station; or(4)  in any other manner.(c)  Except as provided by Section 463.114, the use by a person of the protection provided by this chapter in the sale of insurance is unfair competition and an unfair practice under Chapter 541.(d)  This section does not apply to the association or any other entity that does not sell or solicit insurance.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 464.001 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter A. General Provisions|Section 464.001. Short Title

Sec. 464.001.  SHORT TITLE.  This chapter may be cited as the Unauthorized Insurance Guaranty Fund Act.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.002 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter A. General Provisions|Section 464.002. Construction and Purpose

Sec. 464.002.  CONSTRUCTION AND PURPOSE.  (a)  The purpose of this chapter is to alleviate the financial hardship imposed on persons who are harmed by the sale of unauthorized insurance in this state.  Persons who suffer damages as a result of unpaid claims on policies issued by unauthorized insurers in this state are not covered under guaranty acts, which provide protection to persons with claims against authorized insurers.  The legislature finds that it is appropriate to provide additional remedies to these persons.(b)  The commissioner's powers under this Act shall be liberally construed to support the purpose stated in Subsection (a).(c)  This chapter does not limit the powers granted the commissioner under other provisions of law.  The powers and authority of the commissioner under this chapter are cumulative and are in addition to all other powers and authority that are available to the commissioner.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.003 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter A. General Provisions|Section 464.003. Definitions

Sec. 464.003.  DEFINITIONS.In this chapter:(1)  "Delinquency proceeding" has the meaning assigned by Section 443.004.(2)  "Fund" means the unauthorized insurance guaranty fund.(3)  "Fund account" means the account established for the deposit of money held by the fund.(4)  "Policy claim" means an obligation incurred under a contract or policy of insurance issued by an unauthorized insurer as described by Chapter 101.  The term does not include claims under reinsurance contracts or claims of other creditors.(5)  "Receiver" means the receiver of an unauthorized insurer in a delinquency proceeding, including the commissioner when acting in that capacity, or a special deputy receiver.(6)  "Unauthorized insurer" has the meaning assigned by Section 443.004.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.004 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter A. General Provisions|Section 464.004. Applicability

Sec. 464.004.  APPLICABILITY.  This chapter applies to a delinquency proceeding under Chapter 443 of an unauthorized insurer.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.005 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter A. General Provisions|Section 464.005. Immunity

Sec. 464.005.  IMMUNITY.  Liability does not exist and a cause of action does not arise against the commissioner or an agent, employee, or representative of the commissioner for any good faith act or omission in performing the commissioner's, or the agent's, employee's, or representative's powers and duties under this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.006 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter A. General Provisions|Section 464.006. Exemption From Certain Fees and Taxes

Sec. 464.006.  EXEMPTION FROM CERTAIN FEES AND TAXES.  The fund is exempt from payment of all fees and taxes levied by this state or a political subdivision of this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.007 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter A. General Provisions|Section 464.007. Rules

Sec. 464.007.  RULES.  The commissioner may adopt rules as necessary to implement this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.051 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter B. Fund|Section 464.051. Creation of Unauthorized Insurance Guaranty Fund

Sec. 464.051.  CREATION OF UNAUTHORIZED INSURANCE GUARANTY FUND.  The unauthorized insurance guaranty fund is established.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.052 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter B. Fund|Section 464.052. Deposit of Funds

Sec. 464.052.  DEPOSIT OF FUNDS.  (a)  The fund account shall be established with the Texas Treasury Safekeeping Trust Company in accordance with procedures adopted by the comptroller.  The comptroller shall account for the deposited money separately from all other money.(b)  The commissioner may identify collected penalties to be deposited into the fund account from:(1)  administrative penalties assessed by the commissioner for violations of Chapter 101 or penalties under Section 861.702, including amounts collected through state warrant holds;(2)  civil penalties assessed under Chapter 101 when the commissioner is the party requesting penalties;(3)  administrative penalties assessed by the commissioner against a person holding a certificate of authority, license, registration, or other authorization to engage in the business of insurance that is issued or recognized by the commissioner for engaging in conduct outside the scope of the person's certificate, license, registration, or authorization;(4)  administrative penalties assessed by the commissioner against a person holding a certificate of authority, license, registration, or authorization issued or recognized by the commissioner for using unapproved forms, rates, or advertisements if the forms, rates, or advertisements are required to be approved by the commissioner before being used in this state; and(5)  forfeitures of bonds issued under Section 101.353 or 101.354.(c)  In determining the amounts to be deposited into the fund account, the commissioner shall consider:(1)  the amount existing in the fund account;(2)  the anticipated penalties described by Subsection (b) that have been or may be collected;(3)  the estimated assets, administrative expenses, and claims of any unauthorized insurers subject to a delinquency proceeding; and(4)  any anticipated delinquency proceedings of unauthorized insurers.(d)  If the commissioner determines that the amounts on deposit in the fund account exceed the amount required to pay administrative expenses and claims of existing and anticipated delinquency proceedings of unauthorized insurers, the commissioner may transfer the excess amount from the fund to the comptroller for deposit into the general revenue fund.(e)  The commissioner shall notify the comptroller of the existence of money under Subsection (c) to be credited to the fund account.  The commissioner must enter an order to transfer amounts from the fund account.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.053 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter B. Fund|Section 464.053. Advance of Funds

Sec. 464.053.  ADVANCE OF FUNDS.  (a)  In the event of a delinquency proceeding of an unauthorized insurer, the commissioner may advance funds from the fund account if the assets of the unauthorized insurer are insufficient to pay administrative expenses or policy claims.  The commissioner shall hold the funds in a separate account.  Funds advanced under this section are available to supplement the assets of the unauthorized insurer, and do not become property of the unauthorized insurer or the receivership estate.(b)  In determining an amount to be advanced, the commissioner shall consider:(1)  the amount existing in the fund, and any estimated future amounts to be deposited in the fund;(2)  the assets of the unauthorized insurer that are anticipated to be available to pay administrative expenses and claims;(3)  the projected administrative expenses and claims in the delinquency proceeding; and(4)  the projected administrative expenses and claims in other existing and anticipated delinquency proceedings of unauthorized insurers.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 464.054 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 464 - Unauthorized Insurance Guaranty Fund Act|Subchapter B. Fund|Section 464.054. Use of Funds

Sec. 464.054.  USE OF FUNDS.  (a)  An amount advanced under Section 464.053 may be used to supplement the assets of an unauthorized insurer to pay administrative expenses and policy claims that are approved by:(1)  the commissioner in a proceeding under Section 443.051; or(2)  the receiver in a proceeding under Section 443.052.(b)  For the purposes of Section 443.301(b), approved policy claims under this chapter shall be classified as Class 2 claims.(c)  The commissioner or receiver, as applicable, is not required to make distributions from the assets of the unauthorized insurer before using amounts advanced under Section 464.053.  Any payment of a policy claim made under Subsection (a) shall be treated as a distribution under Section 443.302.  If approved policy claims cannot be paid in full from the funds advanced under Section 464.053 and the assets of the unauthorized insurer available for distribution, the claims shall be paid on a pro rata basis in the manner described in Section 443.301.(d)  Amounts advanced that are not needed to pay administrative expenses or policy claims shall be returned to the fund account.  On a final distribution under Section 443.302 or the termination of a delinquency proceeding, any funds of the unauthorized insurer remaining after the payment in full of administrative expenses and policy claims shall be used to repay the advance, up to the amount of the advance.(e)  A person who has a policy claim may receive funds deposited or advanced under this chapter only in accordance with this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 1026 (H.B. 4339), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 491.001 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 491 - General Reinsurance Requirements|Subchapter A. Reinsurance|Section 491.001. Inapplicability of Subchapter

Sec. 491.001.  INAPPLICABILITY OF SUBCHAPTER.  This subchapter does not apply to:(1)  life insurance;(2)  health insurance;(3)  annuity contracts;(4)  title insurance;(5)  workers' compensation insurance;(6)  employers' liability insurance coverage; or(7)  any policy or kind of coverage for which the maximum possible loss to the insurer is not readily ascertainable on the policy's issuance.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 491.002 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 491 - General Reinsurance Requirements|Subchapter A. Reinsurance|Section 491.002. Reinsurance Permitted

Sec. 491.002.  REINSURANCE PERMITTED.  An insurer or reinsurer authorized to engage in the business of insurance or reinsurance in this state may reinsure all or part of a single risk in another solvent insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 491.003 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 491 - General Reinsurance Requirements|Subchapter A. Reinsurance|Section 491.003. Risk Limitation for Domestic or Foreign Insurer

Sec. 491.003.  RISK LIMITATION FOR DOMESTIC OR FOREIGN INSURER.  An insurer incorporated under the laws of this state, another state, or the United States and authorized to engage in business in this state may not expose itself to a loss or hazard on a single risk in an amount that exceeds 10 percent of the insurer's surplus for policyholders unless the insurer reinsures the excess in another solvent insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 491.004 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 491 - General Reinsurance Requirements|Subchapter A. Reinsurance|Section 491.004. Risk Limitation for Alien Insurer

Sec. 491.004.  RISK LIMITATION FOR ALIEN INSURER.  An insurer incorporated under the laws of a jurisdiction other than this state, another state, or the United States and authorized to engage in business in this state may not, unless the insurer reinsures the excess in another solvent insurer, expose itself to a loss or hazard on a single risk in an amount that exceeds the sum of:(1)  10 percent of the insurer's deposit with the statutory officer in the state through which the insurer is authorized to engage in business in the United States; and(2)  10 percent of the other surplus for policyholders of the insurer's United States branch.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 491.005 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 491 - General Reinsurance Requirements|Subchapter A. Reinsurance|Section 491.005. Compliance With Other Law

Sec. 491.005.  COMPLIANCE WITH OTHER LAW.  Reinsurance that is required or permitted by this subchapter must comply with Chapter 493.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 491.051 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 491 - General Reinsurance Requirements|Subchapter B. Computation of Reinsurance Reserve|Section 491.051. Computation of Reserve for Insurer With No Basis Prescribed by Law

Sec. 491.051.  COMPUTATION OF RESERVE FOR INSURER WITH NO BASIS PRESCRIBED BY LAW.  For an insurer engaged in the business of a kind of insurance in this state, for which no basis is prescribed by law, the department shall compute the reinsurance reserve on the basis prescribed by Section 862.102 for an insurer writing fire insurance.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 491.052 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 491 - General Reinsurance Requirements|Subchapter B. Computation of Reinsurance Reserve|Section 491.052. Computation of Reinsurance Reserves for Certain Insurers

Sec. 491.052.  COMPUTATION OF REINSURANCE RESERVES FOR CERTAIN INSURERS.  (a)  On December 31 of each year, or as soon as practicable after that date, the department shall, in accordance with Section 491.051, compute the reinsurance reserve for all unexpired risks of each insurer organized under the laws of this state or engaged in the business of insurance in this state.(b)  This section does not apply to:(1)  life insurance;(2)  fire insurance;(3)  marine insurance;(4)  inland marine insurance;(5)  lightning insurance; or(6)  tornado insurance.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 493.001 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 493 - Authorized Reinsurance; Credit and Accounting|Subchapter A. General Provisions|Section 493.001. Definitions

Sec. 493.001.  DEFINITIONS.  In this chapter:(1)  "Assuming insurer" means an insurer that, under a reinsurance contract, incurs an obligation to a ceding insurer, the performance of which is contingent on the ceding insurer incurring liability or loss under the ceding insurer's insurance contract with a third person.(2)  "Qualified United States financial institution" means an institution that:(A)  is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed, under the laws of the United States or any state of the United States; and(B)  is regulated, supervised, and examined by a federal or state authority that has regulatory authority over banks and trust companies.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 493.002 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle F - Reinsurance|Chapter 493 - Authorized Reinsurance; Credit and Accounting|Subchapter A. General Provisions|Section 493.002. Applicability of Chapter

Sec. 493.002.  APPLICABILITY OF CHAPTER.  (a)  Except as provided by Subsection (a-1), this chapter applies to all insurers, including:(1)  a stock or mutual property and casualty insurance company;(2)  a Mexican casualty insurance company;(3)  a Lloyd's plan;(4)  a reciprocal or interinsurance exchange;(5)  a nonprofit legal service corporation;(6)  a county mutual insurance company;(7)  a farm mutual insurance company;(8)  a risk retention group;(9)  any insurer writing a line of insurance regulated by Title 10;(10)  all life, health, and accident insurance companies regulated by the department, including:(A)  a stock or mutual life, health, or accident insurance company;(B)  a fraternal benefit society; and(C)  a nonprofit hospital, medical, or dental service corporation, including a group hospital service corporation operating under Chapter 842; and(11)  a health maintenance organization operating under Chapter 843.(a-1)  A county mutual insurance company operating under Section 912.056(d) that does not directly or indirectly write or assume insurance in any manner in another state may not be allowed credit under Section 493.1033 for reinsurance ceded to a reinsurer qualifying under Sections 493.1033 and 493.1034 and is not subject to Section 493.1039.  This subsection does not prohibit a county mutual insurance company described by this subsection from ceding reinsurance to reinsurers qualifying under Sections 493.1033 and 493.1034 under other provisions of this chapter.(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 594 (S.B. 1070), Sec. 2.12(2), eff. September 1, 2017.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2017, 85th Leg., R.S., Ch. 594 (S.B. 1070), Sec. 2.02, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 594 (S.B. 1070), Sec. 2.12(2), eff. September 1, 2017.|