reglab/housing_qa huggingface dataset:
TX Ins Code § 2210.703 (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 O. Depopulation Program|Section 2210.703. Renewal of Reinsured Policies; Comparable Coverage

Sec. 2210.703.  RENEWAL OF REINSURED POLICIES; COMPARABLE COVERAGE.  (a)  An insurer electing to offer a policy under Section 2210.702 shall offer a renewal of that policy to the association policyholder for each of the next three years subject to the insurer's rate and underwriting guidelines as filed under this code.(b)  An insurer may not offer a policy to an association policyholder under this section unless the policy contains generally comparable coverage and premiums to the association policy as determined by commissioner rule.  The premiums for a policy of generally comparable coverage may not exceed 115 percent of the premiums for the association policy.(c)  Subchapter L-1 does not apply to a policy renewed under this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 30, eff. September 1, 2015.|
TX Ins Code § 2210.704 (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 O. Depopulation Program|Section 2210.704. Confidentiality of Information; Use of Policyholder's Agent

Sec. 2210.704.  CONFIDENTIALITY OF INFORMATION; USE OF POLICYHOLDER'S AGENT.  (a)  An insurer may use information concerning a specific policy or insured provided by the association under Section 2210.702(a) only for the purposes of this subchapter and may not use or disclose the information for any other purpose.(b)  If an insurer elects to renew a policy for an association policyholder identified from information provided to the insurer under Section 2210.702, the insurer must offer the policy through the insurance agent of record for the association policyholder under the prevailing terms, conditions, and commissions of the agent.(c)  An insurer that offers to renew a policy under Section 2210.703 shall allow the policyholder's agent to enter into a limited service agreement with the insurer for the agent to continue to provide services to the policyholder.|Added by Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 30, eff. September 1, 2015.|
TX Ins Code § 2210.705 (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 O. Depopulation Program|Section 2210.705. Transfer of Policies

Sec. 2210.705.  TRANSFER OF POLICIES.  The commissioner shall by rule establish the procedure for the transfer of reinsured policies.  The rules may not contain deadlines that require a property and casualty insurer or agent or a policyholder to take action or make a decision on or after June 1 or before December 1 in any year. The rule must provide that a reinsurance agreement include:(1)  the opportunity for the policyholder to opt out of the reinsurance agreement not more than 60 days after the policyholder receives notice of the reinsurance agreement;(2)  a transfer of the earned premium on a reinsured policy to a trust account to be held until the expiration of the opt-out period described by Subdivision (1) when the earned premium for the final reinsured policy will be transferred to the reinsurer;(3)  a period of not less than 60 days for the agent of record to accept an appointment or other written agreement with the reinsurer; and(4)  any other requirements as the commissioner determines necessary for the protection of policyholders and the policyholders' agents.|Added by Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 30, eff. September 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 16, eff. September 1, 2019.|
TX Ins Code § 2211.001 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter A. General Provisions|Section 2211.001. Definitions

Sec. 2211.001.  DEFINITIONS.  In this chapter:(1)  "Association" means the FAIR Plan Association established under this chapter.(2)  "FAIR Plan" means a Fair Access to Insurance Requirements Plan established under Section 2211.051.(3)  "Governing committee" means the governing committee of the association.(4)  "Inspection bureau" means the organization or organizations designated by the association under Section 2211.153.(5)  "Insurer" means an authorized insurer writing property insurance in this state, including:(A)  a Lloyd's plan; and(B)  a reciprocal or interinsurance exchange.(6)  "Net direct premiums" means gross direct written premiums less return premiums on canceled contracts, regardless of reinsurance assumed or ceded, written on residential property under this chapter.(7)  "Residential property insurance" means the coverage provided by a homeowners insurance policy, residential fire and allied lines insurance policy, or farm and ranch owners insurance policy against loss incurred to real or tangible personal property at a fixed location.(8)  "Underserved area" or "underserved areas" means an area or areas designated as underserved by the commissioner by rule.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.002 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter A. General Provisions|Section 2211.002. Immunity

Sec. 2211.002.  IMMUNITY.  Liability does not exist on the part of, and a cause of action does not arise against, an insurer, the inspection bureau, the association, the governing committee, the commissioner, an authorized representative of the commissioner, or an agent or employee of an insurer, the inspection bureau, the association, or the governing committee for:(1)  an inspection required by this chapter;(2)  an act or omission in connection with an inspection; or(3)  a statement made:(A)  in a report and communication concerning the insurability of property;(B)  in the determinations required by this subchapter or Subchapter B, C, D, or F; or(C)  at a hearing conducted in connection with an inspection.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.003 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter A. General Provisions|Section 2211.003. Appeals; Judicial Review

Sec. 2211.003.  APPEALS; JUDICIAL REVIEW.  (a)  An applicant or affected insurer is entitled to appeal to the association.  The association's decision may be appealed to the commissioner not later than the 30th day after the date of the decision.(b)  An order or decision made by the commissioner under this chapter is subject to judicial review in accordance with Subchapter D, Chapter 36.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.051 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.051. Establishment of Fair Plan

Sec. 2211.051.  ESTABLISHMENT OF FAIR PLAN.  The commissioner may establish a Fair Access to Insurance Requirements Plan to deliver residential property insurance to residents of this state in underserved areas if the commissioner determines, after a public hearing, that:(1)  in all or any part of the state, residential property insurance is not reasonably available in the voluntary market to a substantial number of insurable risks; or(2)  at least 25 percent of the applicants to the residential property market assistance program who are qualified under that program's plan of operation have not been placed with an insurer in the preceding six months.|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. 730 (H.B. 2636), Sec. 3B.065(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.065(a), eff. September 1, 2007.|
TX Ins Code § 2211.052 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.052. Administration of Fair Plan; Composition of Governing Committee

Sec. 2211.052.  ADMINISTRATION OF FAIR PLAN; COMPOSITION OF GOVERNING COMMITTEE.  (a)  The governing committee shall administer the FAIR Plan under a plan of operation.(b)  The governing committee is composed of 11 members appointed by the commissioner as follows:(1)  five members who represent the interests of insurers;(2)  four public members who reside in this state; and(3)  two members who are general property and casualty agents.(c)  The commissioner or an employee of the department designated by the commissioner serves as an ex officio member.(d)  Each member of the governing committee who represents the interests of insurers must be a full-time employee of an insurer that is a member of the association.(e)  The commissioner may remove a member of the governing committee without cause and may replace the member in accordance with Subsection (b).|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. 730 (H.B. 2636), Sec. 3B.065(b), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.065(b), eff. September 1, 2007.|
TX Ins Code § 2211.0521 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.0521. Meetings of Governing Body

Sec. 2211.0521.  MEETINGS OF GOVERNING BODY.  (a)  Notwithstanding Chapter 551, Government Code, or any other law, members of the governing committee may meet by telephone conference call, video conference, or other similar telecommunication method.  The governing committee may use telephone conference call, video conference, 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 governing committee at the meeting.(b)  A meeting held by telephone conference call, video conference, or other similar telecommunication method:(1)  is subject to the notice requirements applicable to other meetings of the governing committee;(2)  may not be held unless notice of the meeting specifies the location of the meeting at which at least one member of the governing committee is physically present;(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 governing committee 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 governing committee is no longer participating in the meeting, the meeting may not continue until the two-way audio communication link is reestablished.|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.065(c), eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.065(c), eff. September 1, 2007.|
TX Ins Code § 2211.053 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.053. Amendments to Plan of Operation

Sec. 2211.053.  AMENDMENTS TO PLAN OF OPERATION.  (a)  The governing committee may, on the committee's own initiative or at the commissioner's request, propose amendments to the plan of operation.(b)  Amendments to the plan must be adopted by the commissioner by rule.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.054 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.054. Contents of Plan of Operation

Sec. 2211.054.  CONTENTS OF PLAN OF OPERATION.  The plan of operation must:(1)  provide for a nonprofit association to issue residential property insurance under this chapter and distribute the losses and expenses in writing that insurance in this state;(2)  provide that all insurers that write residential property insurance shall participate in the association in accordance with Sections 2211.101(b) and (c);(3)  provide that a participating insurer is entitled to receive credit in accordance with Section 2211.101(d);(4)  provide for the immediate binding of eligible risks;(5)  provide for the use of premium installment payment plans, adequate marketing, and service facilities;(6)  provide for the establishment of reasonable service standards;(7)  provide procedures for efficient, economical, fair, and nondiscriminatory administration of the association;(8)  provide procedures for determining the net level of participation required for each insurer in the association;(9)  provide for the use of deductibles and other underwriting devices;(10)  provide for assessment of all members in amounts sufficient to operate the association;(11)  establish maximum limits of liability to be placed through the program;(12)  establish commissions to be paid to the insurance agents submitting applications;(13)  provide that the association issue policies in the association's own name;(14)  provide reasonable underwriting standards for determining insurability of a risk;(15)  provide procedures for the association to assume and cede reinsurance; and(16)  provide any other procedure or operational matter the governing committee or the commissioner considers necessary.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.055 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.055. Association Duties With Respect to Policies

Sec. 2211.055.  ASSOCIATION DUTIES WITH RESPECT TO POLICIES.  (a)  The association may, for FAIR Plan purposes only:(1)  issue insurance policies and endorsements to those policies in the association's own name or a trade name adopted for that purpose; and(2)  act on behalf of all participating insurers in connection with those policies and act in any other manner necessary to accomplish the purposes of this chapter, including:(A)  issuing insurance policies;(B)  collecting premiums;(C)  issuing cancellations; and(D)  paying commissions, losses, judgments, and expenses.(b)  In connection with an insurance policy issued by the association:(1)  service of a notice, proof of loss, legal process, or other communication with regard to the policy must be made on the association; and(2)  an action by the insured constituting a claim under the policy may be brought only against the association, and the association is the proper party for all purposes in an action brought under or in connection with the policy.(c)  The requirements of Subsection (b) must be stated in an insurance policy issued by the association.(d)  The form and content of an insurance policy issued by the association are subject to the commissioner's approval.(e)  The association may assume and cede reinsurance as provided by the plan of operation.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.056 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.056. Filing and Approval of Rates

Sec. 2211.056.  FILING AND APPROVAL OF RATES.  (a)  The association shall file with the commissioner for approval the proposed rates and supplemental rate information to be used in connection with the issuance of insurance policies or endorsements.(b)  The association shall set rates in an amount sufficient to:(1)  carry all claims to maturity; and(2)  meet the expenses incurred in the writing and servicing of the business.(c)  Not later than the 60th day after the date the association files the proposed rates, the commissioner shall enter an order approving or disapproving, wholly or partly, the proposed rates. The commissioner may, on notice to the association, extend the period for entering an order under this section an additional 30 days.(d)  An order disapproving a rate must state:(1)  the grounds for the disapproval; and(2)  the findings in support of the disapproval.(e)  The association may not issue an insurance policy or endorsement until the commissioner approves the rates to be applied to the policy or endorsement.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.057 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.057. Powers of Commissioner

Sec. 2211.057.  POWERS OF COMMISSIONER.  The commissioner is charged with the authority to supervise the association and the inspection bureau.  The commissioner also has the power to:(1)  examine the operation of the association and the inspection bureau through free access to all the books, records, files, papers, and documents relating to the operation of the association and the inspection bureau;(2)  summon, qualify, and examine as a witness any person who has knowledge of the operation of the association or the inspection bureau, including a member of the governing committee or an officer or employee of the association or the inspection bureau;(3)  take any action necessary to enable this state and the association to fully participate in any federal reinsurance program that is enacted for purposes similar to the purposes of this chapter;(4)  require reports from the association concerning risks the association insures under this chapter as the commissioner considers necessary; and(5)  adopt policy forms and endorsements, promulgate rates, and adopt rating and rule manuals for use by the association.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.058 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.058. Annual Operating Report

Sec. 2211.058.  ANNUAL OPERATING REPORT.  (a)  Not later than March 31 of each year, the association shall compile and submit to the commissioner an operating report covering the preceding calendar year.(b)  The report is a public record.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.059 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter B. Establishment and Administration of Fair Plan|Section 2211.059. Assets of Association

Sec. 2211.059.  ASSETS OF ASSOCIATION.  On dissolution of the association, all assets of the association shall be deposited in the general revenue fund.|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.067(a), eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.067(a), eff. September 1, 2007.|
TX Ins Code § 2211.101 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter C. Insurer Participation in Fair Plan|Section 2211.101. Coverage Provided to Insureds in Underserved Area

Sec. 2211.101.  COVERAGE PROVIDED TO INSUREDS IN UNDERSERVED AREA.  (a)  In accordance with the plan of operation, the association shall develop and administer a program for participation by each insurer that writes residential property insurance in this state.(b)  Except as provided by this subsection, each insurer, as a condition of the insurer's authority to engage in the business of residential property insurance in this state, shall participate in the association in accordance with this chapter, including participating in the association's assessments in the proportion that the insurer's net direct premiums written in this state during the preceding calendar year bear to the aggregate net direct premiums written in this state by all participating insurers.  The Texas Windstorm Insurance Association established by Chapter 2210 may not participate in the association for any purpose.(c)  An insurer's participation under Subsection (b) in the association's assessments must be determined in accordance with the residential property statistical plan adopted by the commissioner.(d)  A participating insurer is entitled to receive credit for similar insurance voluntarily written in an underserved area.  The participation of an insurer entitled to receive credit under this subsection must be reduced in accordance with the plan of operation.|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. 730 (H.B. 2636), Sec. 3B.065(d), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.065(d), eff. September 1, 2007.|
TX Ins Code § 2211.102 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter C. Insurer Participation in Fair Plan|Section 2211.102. Liability of Insurers to Association; Assessments

Sec. 2211.102.  LIABILITY OF INSURERS TO ASSOCIATION; ASSESSMENTS.  The participating insurers are liable to the association as provided by this chapter and the plan of operation for the expenses and liabilities incurred by the association as provided by this chapter and the plan.  The association shall make assessments against the participating insurers as required to meet those expenses and liabilities.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.103 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2211 - Fair Plan|Subchapter C. Insurer Participation in Fair Plan|Section 2211.103. Recomputation of Reimbursement Ratios

Sec. 2211.103.  RECOMPUTATION OF REIMBURSEMENT RATIOS.  If a participating insurer fails to pay an assessment because of the insurer's insolvency, the association shall immediately recompute the reimbursement ratios to exclude from the ratios the amount of that assessment the commissioner determines is uncollectible, so that the uncollectible amount is assumed by and redistributed among the remaining participating insurers.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|