reglab/housing_qa huggingface dataset:
TX Ins Code § 2210.454 (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 J. Catastrophe Reserve Trust Fund; Reinsurance and Alternative Risk Financing|Section 2210.454. Mitigation and Preparedness Plan

Sec. 2210.454.  MITIGATION AND PREPAREDNESS PLAN.  (a)  The commissioner shall annually develop and implement a mitigation and preparedness plan.(b)  Each state fiscal year, the department may fund the mitigation and preparedness plan using available funds.(c)  The mitigation and preparedness plan must provide for actions to be taken in the seacoast territory by the commissioner, or by a local government, state agency, educational institution, or nonprofit organization designated by the commissioner in the plan, to implement programs to:(1)  improve preparedness for windstorm and hail catastrophes;(2)  reduce potential losses in the event of such a catastrophe; and(3)  provide research into the means to:(A)  reduce those losses;(B)  educate or inform the public in determining the appropriateness of particular upgrades to structures; or(C)  protect infrastructure from potential damage from those catastrophes.(d)  Money in excess of $1 million may not be used under this section if the commissioner determines that an expenditure of investment income from the trust fund would jeopardize the actuarial soundness of the fund or materially impair the ability of the fund to serve the state purposes for which the fund was established.|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. 40, eff. June 19, 2009.|
TX Ins Code § 2210.455 (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 J. Catastrophe Reserve Trust Fund; Reinsurance and Alternative Risk Financing|Section 2210.455. Catastrophe Plan

Sec. 2210.455.  CATASTROPHE PLAN.  (a)  Not later than June 1 of each year, the board 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 catastrophe plan covering the period beginning on the date the plan is submitted and ending on the following May 31.(b)  The catastrophe plan must:(1)  describe the manner in which the association will, during the period covered by the plan, evaluate losses and process claims after the following windstorms affecting an area of maximum exposure to the association:(A)  a windstorm with a four percent chance of occurring during the period covered by the plan;(B)  a windstorm with a two percent chance of occurring during the period covered by the plan; and(C)  a windstorm with a one percent chance of occurring during the period covered by the plan; and(2)  include, if the association does not purchase reinsurance under Section 2210.453 for the period covered by the plan, an actuarial plan for paying losses in the event of a catastrophe with estimated damages of $2.5 billion or more.(c)  The catastrophe plan must include a description of how losses under association policies will be paid, and how claims under association policies will be administered and adjusted, during the period covered by the plan.(d)  The catastrophe plan submitted under this section is for informational purposes only and does not bind the association to a particular course of action.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 37, eff. September 28, 2011.|
TX Ins Code § 2210.501 (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 K. Liability Limits|Section 2210.501. Maximum Liability Limits

Sec. 2210.501.  MAXIMUM LIABILITY LIMITS.  (a)  The  board of directors shall propose the maximum liability limits under a windstorm and hail insurance policy issued by the association under this chapter.  The maximum liability limits are considered approved by the commissioner unless the commissioner disapproves or modifies the liability limits by order issued not later than the 30th day after the date of receipt of a filing under Section 2210.503.(b)  Subject to Section 2210.502, the maximum liability limits for coverage on a single insurable property may not be less than:(1)  $350,000 for:(A)  a dwelling, including an individually owned townhouse unit; and(B)  the corporeal movable property located in or about the dwelling and, as an extension of coverage, away from those premises, as provided under the policy;(2)  $2,192,000 for a building, and the corporeal movable property located in the building, if the building is:(A)  owned by, and at least 75 percent of which is occupied by, a governmental entity; or(B)  not owned by, but is wholly and exclusively occupied by, a governmental entity;(3)  $125,000 for individually owned corporeal movable property located in an apartment unit, residential condominium unit, or townhouse unit that is occupied by the owner of that property and, as an extension of coverage, away from those premises, as provided under the policy; and(4)  $1,500,000 for:(A)  a structure other than a dwelling or a public building; and(B)  the corporeal movable property located in that structure and, as an extension of coverage, away from those premises, as provided under the policy.(c)  Maximum liability limits for insurable property not described by Subsection (b) are established by the plan of operation.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 307 (H.B. 1902), Sec. 1, eff. September 1, 2019.|
TX Ins Code § 2210.502 (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 K. Liability Limits|Section 2210.502. Adjustments to Maximum Liability Limits

Sec. 2210.502.  ADJUSTMENTS TO MAXIMUM LIABILITY LIMITS.  (a)  Not later than September 30 of each year, the board of directors shall propose inflation adjustments to the maximum liability limits imposed under Section 2210.501 in increments of $1,000, rounded to the nearest $1,000, considering the limits imposed by Section 2210.501(b), at a rate that reflects any change in the BOECKH Index.  If the BOECKH Index ceases to exist, the board of directors shall propose the adjustments in the same manner based on another index that the board of directors determines accurately reflects changes in the cost of construction or residential values in the catastrophe area.(b)  An adjustment to the maximum liability limits that is approved by the commissioner applies to each windstorm and hail insurance policy delivered, issued for delivery, or renewed on or after January 1 of the year following the date of the approval.  The indexing of the limits shall adjust for changes occurring on and after January 1, 1997.(c)  The board of directors may propose additional increases in the maximum liability limits as the board determines necessary to implement the purposes of this chapter.(d)  Notwithstanding Section 2210.501(b), the maximum liability limit imposed under Section 2210.501(b)(2) is frozen, and the indexing and adjustments provided by this section do not apply to that limit, until the limit imposed on a structure subject to Section 2210.501(b)(4) and the corporeal property located in that structure reaches or exceeds $2,192,000, at which time the limit imposed under Section 2210.501(b)(2) shall be indexed and adjusted as provided for a risk under Section 2210.501(b)(4).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.503 (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 K. Liability Limits|Section 2210.503. Filing of Proposed Adjustments With Commissioner

Sec. 2210.503.  FILING OF PROPOSED ADJUSTMENTS WITH COMMISSIONER.  Not later than the 10th day after the date a proposed adjustment to the maximum liability limits is determined under Section 2210.501(a) or (b) or Section 2210.502, the association shall file the proposed adjustments with the commissioner in writing.  The filing must include:(1)  a statement of the proposed adjusted limits;(2)  a statement of the limits in effect immediately preceding the effective date of the proposed adjustment;(3)  a brief summary of the changes to the BOECKH Index or other index on which the proposed adjustments are based; and(4)  a brief summary of the computations used in determining the proposed adjustments.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.504 (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 K. Liability Limits|Section 2210.504. Commissioner Action on Proposed Adjustments

Sec. 2210.504.  COMMISSIONER ACTION ON PROPOSED ADJUSTMENTS.  (a)  Not later than the 30th day after the date the commissioner disapproves or modifies a filing under Section 2210.503, and after notice and hearing, the commissioner by order shall approve, disapprove, or modify the proposed adjustment to the maximum liability limits.(b)  Notwithstanding Subsection (a) and Sections 2210.501(c), 2210.502(a)-(c), and 2210.503, the commissioner may not approve adjustments of maximum liability limits to amounts lower than the amounts prescribed under Section 2210.501(b).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 307 (H.B. 1902), Sec. 2, eff. September 1, 2019.|
TX Ins Code § 2210.505 (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 K. Liability Limits|Section 2210.505. Reinsured Excess Limits

Sec. 2210.505.  REINSURED EXCESS LIMITS.  (a)  Notwithstanding any other law, the association may issue a windstorm and hail insurance policy that includes coverage for an amount in excess of a maximum liability limit established under Sections 2210.501-2210.504 if the association first obtains from a reinsurer approved by the commissioner reinsurance for the full amount of policy exposure above that limit.(b)  The premium charged by the association for the excess coverage must equal the amount of the reinsurance premium charged to the association by the reinsurer, plus any payment to the association that is approved by the commissioner.(c)  The commissioner shall adopt rules as necessary to implement this section.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.506 (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 K. Liability Limits|Section 2210.506. Exception From Certain Administrative Procedures

Sec. 2210.506.  EXCEPTION FROM CERTAIN ADMINISTRATIVE PROCEDURES.  Chapter 40 does not apply to an action taken under this subchapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.551 (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 L. Certain Appeals and Other Actions|Section 2210.551. Appeals

Sec. 2210.551.  APPEALS.  (a)  This section:(1)  does not apply to:(A)  a person who is required to resolve a dispute under Subchapter L-1; or(B)  a person insured under this chapter who has elected to purchase a binding arbitration endorsement offered by the association under Section 2210.554; and(2)  applies only to:(A)  a person not described by Subdivision (1) who is insured under this chapter or an authorized representative of the person; or(B)  an affected insurer.(b)  A person or entity described by Subsection (a)(2) who is aggrieved by an act, ruling, or decision of the association may appeal to the commissioner not later than the 30th day after the date of that act, ruling, or decision.(c)  If the association is aggrieved by the action of the commissioner with respect to a ruling, order, or determination of the commissioner, the association may, not later than the 30th day after the date of the action, make a written request to the commissioner for a hearing on the action.(d)  On 10 days' written notice of the time and place of the hearing, the commissioner shall conduct a hearing on the association's request or the appeal from an act, ruling, or decision of the association, not later than the 30th day after the date of receipt of the request or appeal.(e)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 2, Sec. 57, eff. September 28, 2011.(f)  Not later than the 30th day after the date of the hearing, the commissioner shall affirm, reverse, or modify the commissioner's previous action or the act, ruling, or decision appealed to the commissioner.  Pending the hearing and decision, the commissioner may suspend or postpone the effective date of the previous action or of the act, ruling, or decision appealed to the commissioner.(g)  The association, or the person or entity aggrieved by the order or decision of the commissioner, may appeal to a district court in the county in which the covered property is located or a district court in Travis County.(h)  An action brought under this section is subject to the procedures established under Subchapter D, Chapter 36.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 39, eff. September 28, 2011.Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 57, eff. September 28, 2011.|
TX Ins Code § 2210.554 (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 L. Certain Appeals and Other Actions|Section 2210.554. Voluntary Arbitration of Certain Coverage and Claim Disputes

Sec. 2210.554.  VOLUNTARY ARBITRATION OF CERTAIN COVERAGE AND CLAIM DISPUTES.  (a)  A person insured under this chapter may elect to purchase a binding arbitration endorsement in a form prescribed by the commissioner.  A person who elects to purchase an endorsement under this section must arbitrate a dispute involving an act, ruling, or decision of the association relating to the payment of, the amount of, or the denial of the claim.(b)  An arbitration under this section shall be conducted in the manner and under rules and deadlines prescribed by the commissioner by rule.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 40, eff. September 28, 2011.|
TX Ins Code § 2210.571 (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 L. -1. Claims: Settlement and Dispute Resolution|Section 2210.571. Definitions

Sec. 2210.571.  DEFINITIONS.  In this subchapter:(1)  "Association policy" means a windstorm and hail insurance policy issued by the association.(2)  "Claim" means a request for payment under an association policy.  The term also includes any other claim against the association, or an agent or representative of the association, relating to an insured loss, under any theory or cause of action of any kind, regardless of the theory under which the claim is asserted, the cause of action brought, or the type of damages sought.(3)  "Claimant" means a person who makes a claim.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 41, eff. September 28, 2011.|
TX Ins Code § 2210.572 (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 L. -1. Claims: Settlement and Dispute Resolution|Section 2210.572. Exclusive Remedies and Limitation on Award

Sec. 2210.572.  EXCLUSIVE REMEDIES AND LIMITATION ON AWARD.  (a)  This subchapter provides the exclusive remedies for a claim against the association, including an agent or representative of the association.(b)  Subject to Section 2210.576, the association may not be held liable for any amount other than covered losses payable under the terms of the association policy.(c)  The association, and an agent or representative of the association, may not be held liable for damages under Chapter 17, Business & Commerce Code, or, except as otherwise specifically provided by this chapter, under any provision of any law providing for additional damages, punitive damages, or a penalty.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 41, eff. September 28, 2011.|
TX Ins Code § 2210.5731 (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 L. -1. Claims: Settlement and Dispute Resolution|Section 2210.5731. Payment of Claim

Sec. 2210.5731.  PAYMENT OF CLAIM.  (a)  Except as provided by Subsection (b), if the association notifies a claimant under Section 2210.573(d)(1) or (2) that the association has accepted coverage for a claim in full or has accepted coverage for a claim in part, the association shall pay the accepted claim or accepted portion of the claim not later than the 10th day after the date notice is made.(b)  If payment of the accepted claim or accepted portion of the claim is conditioned on the performance of an act by the claimant, the association shall pay the claim not later than the 10th day after the date the act is performed.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 41, eff. September 28, 2011.|
TX Ins Code § 2210.5732 (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 L. -1. Claims: Settlement and Dispute Resolution|Section 2210.5732. Supplemental Payments

Sec. 2210.5732.  SUPPLEMENTAL PAYMENTS.  (a)  The association is authorized to provide for supplemental payments under a windstorm and hail insurance policy issued by the association.(b)  The commissioner shall adopt rules clarifying the deadlines related to supplemental payments.  The commissioner shall solicit and consider comments from the association, association members, and policyholders in adopting rules under this section.(c)  The rules adopted under this section must ensure that a request for supplemental payment will not impair a policyholder's right to appraisal under Section 2210.574.|Added by Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 15, eff. September 1, 2019.|
TX Ins Code § 2210.5741 (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 L. -1. Claims: Settlement and Dispute Resolution|Section 2210.5741. Replacement Cost Coverage Claim Processing

Sec. 2210.5741.  REPLACEMENT COST COVERAGE CLAIM PROCESSING.  (a)  After the association accepts coverage for a claim in full or in part, a claimant whose association policy includes replacement cost coverage for the claim may request the replacement cost payment by submitting to the association documentation of the cost and completion of the repairs related to the claim not later than the 545th day after the date the claimant receives a notification under Section 2210.573(d)(1) or (2).(b)  Not later than the 30th day after the date the association receives documentation under Subsection (a), the association shall provide the claimant, in writing, notification of:(1)  the amount of the replacement cost payment the association will make; and(2)  the deadline to request appraisal under this section.(c)  The association shall pay the amount described by Subsection (b)(1) not later than the 10th day after the date notification is provided under Subsection (b).(d)  If a claimant has not demanded appraisal with respect to a claim under Section 2210.574 and the claimant disputes the replacement cost amount the association will pay with respect to the claim, the claimant may demand appraisal of the replacement cost amount not later than the 30th day after the date the claimant receives the notification under Subsection (b).  A claimant may demand appraisal under this section without regard to whether all repairs related to the claim are complete.(e)  Except with respect to the deadlines applicable to an appraisal under this section, the appraisal under this section shall be conducted in the same manner as an appraisal demanded under Section 2210.574.(f)  If a claimant's association policy includes replacement cost coverage, the written notification provided to the claimant under Section 2210.573(d)(1) or (2) must notify the claimant of the deadlines under this section for:(1)  completing repairs and submitting documentation under Subsection (a); and(2)  demanding appraisal under this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900), Sec. 9, eff. June 10, 2019.|
TX Ins Code § 2210.577 (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 L. -1. Claims: Settlement and Dispute Resolution|Section 2210.577. Limitations Period

Sec. 2210.577.  LIMITATIONS PERIOD.  (a)  Notwithstanding any other law, a claimant who brings an action against the association under Section 2210.575 must bring the action not later than the second anniversary of the date on which the person receives a notice described by Section 2210.573(d)(2) or (3).(b)  This section is a statute of repose and controls over any other applicable limitations period.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 41, eff. September 28, 2011.|