reglab/housing_qa huggingface dataset:
TX Ins Code § 2201.152 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter D. Risk Retention Groups|Section 2201.152. Prerequisites to Offering Insurance

Sec. 2201.152.  PREREQUISITES TO OFFERING INSURANCE.  (a)  Before offering insurance in this state, a risk retention group not chartered in this state must submit to the commissioner:(1)  a statement that:(A)  identifies the state or states in which the group is chartered and authorized to engage in business as a liability insurer, the date of charter, and the group's principal place of business; and(B)  provides any other information the commissioner requires to verify that the group qualifies as a risk retention group under Subchapter B, including information on the group's membership;(2)  except as provided by Subsection (b), a copy of the group's plan of operation, as described by Section 2201.202, and revisions of that plan submitted to the state in which the group is chartered and authorized to engage in business; and(3)  a statement of registration that designates the commissioner as the group's agent for the purpose of receiving service of legal documents or process as provided by Chapter 804.(b)  A risk retention group is not required to submit a plan of operation under this section with respect to any line or classification of liability insurance that:(1)  was defined in the Product Liability Risk Retention Act of 1981 (15 U.S.C. Section 3901 et seq.), as that Act existed before October 27, 1986; and(2)  was offered before October 27, 1986, by any risk retention group that had been chartered and operating for at least three years before that date.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.153 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter D. Risk Retention Groups|Section 2201.153. Requirements for Continuing Business

Sec. 2201.153.  REQUIREMENTS FOR CONTINUING BUSINESS.  (a)  A risk retention group not chartered in this state that engages in business in this state shall submit to the commissioner:(1)  a copy of the group's financial statement submitted to the state in which the group is chartered and authorized to engage in business;(2)  a copy of each examination of the group as certified by the commissioner, director, or superintendent of insurance of another state or other public official conducting the examination;(3)  on the commissioner's request, a copy of any audit performed with respect to the group; and(4)  any other information required to verify that the group continues to qualify as a risk retention group under Subchapter B.(b)  A financial statement submitted under Subsection (a)(1) must:(1)  be certified by an independent public accountant; and(2)  contain a statement of opinion on loss and loss adjustment expense reserves made:(A)  under criteria established by the National Association of Insurance Commissioners; and(B)  by a member of the American Academy of Actuaries or a qualified loss reserve specialist.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.154 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter D. Risk Retention Groups|Section 2201.154. Filing Fees

Sec. 2201.154.  FILING FEES.  (a)  The commissioner by rule shall impose a filing fee in an amount not to exceed $500 for filing the items described by Sections 2201.152(a)(1) and (2).(b)  The commissioner by rule may impose a filing fee in an amount not to exceed $500 for filing the financial statement under Section 2201.153(a)(1).  A risk retention group shall provide to the comptroller all information the comptroller requests in connection with the reporting, collection, enforcement, and administration of the fee.(c)  Fees collected under this section shall be deposited to the credit of the Texas Department of Insurance operating account.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.155 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter D. Risk Retention Groups|Section 2201.155. Payment of Taxes

Sec. 2201.155.  PAYMENT OF TAXES.  (a)  A risk retention group not chartered in this state is liable for the payment of premium and maintenance taxes and taxes on premiums of direct business for risks located in this state and shall report to the commissioner the net premiums written for risks located in this state.  The group is subject to taxation, and any fine or penalty related to that taxation, on the same basis as a foreign admitted insurer in accordance with Chapters 4, 201, 202, 203, 221, 222, 224, 227, 228, and 251-257.(b)  A risk retention group shall provide to the comptroller all information the comptroller requests in connection with the reporting, collection, enforcement, and administration of taxes under this section.|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. 2H.006, eff. April 1, 2009.|
TX Ins Code § 2201.156 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter D. Risk Retention Groups|Section 2201.156. Examination of Financial Condition; Dissolution or Delinquency Proceedings

Sec. 2201.156.  EXAMINATION OF FINANCIAL CONDITION; DISSOLUTION OR DELINQUENCY PROCEEDINGS.  (a)  A risk retention group not chartered in this state must submit to an examination by the commissioner to determine the group's financial condition if the commissioner of insurance of the jurisdiction in which the group is chartered and authorized to engage in business has not initiated an examination on or before the 60th day after the date the commissioner of this state requests an examination.(b)  The commissioner shall:(1)  coordinate the examination under Subsection (a) to avoid unjustified repetition; and(2)  conduct the examination in an expeditious manner under Sections 401.051, 401.052, 401.054-401.062, 401.103-401.106, 401.151, 401.152, 401.155, and 401.156 and Chapters 86 and 803 in accordance with the National Association of Insurance Commissioners Financial Condition Examiner's Handbook.(c)  A risk retention group not chartered in this state that engages in business in this state must comply with an order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by the commissioner or by a commissioner of another jurisdiction if, after an examination under this section, there is a finding that the group is financially impaired.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.157 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter D. Risk Retention Groups|Section 2201.157. Applicability of State Laws Prohibiting Certain Acts or Practices

Sec. 2201.157.  APPLICABILITY OF STATE LAWS PROHIBITING CERTAIN ACTS OR PRACTICES.  (a)  A risk retention group not chartered in this state shall comply with the laws of this state relating to deceptive, false, or fraudulent acts or practices, including Chapters 541 and 543.(b)  A risk retention group not chartered in this state and the group's agents and representatives shall comply with Chapter 542.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.158 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter D. Risk Retention Groups|Section 2201.158. Injunctive Relief

Sec. 2201.158.  INJUNCTIVE RELIEF.  (a)  A risk retention group not chartered in this state must comply with the terms of an injunction issued by a court of this state or any other state based on a finding that the group is in a hazardous financial condition or is financially impaired.(b)  Injunctive relief must be issued by a court if the commissioner seeks to enjoin a risk retention group not chartered in this state from:(1)  violating the law of this state prohibiting deceptive, false, or fraudulent acts or practices;(2)  soliciting or selling insurance to a person who is not eligible for membership in the group; or(3)  soliciting or selling insurance or operating when the group is in a hazardous financial condition or is financially impaired.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.201 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.201. Scope of Authority

Sec. 2201.201.  SCOPE OF AUTHORITY.  A risk retention group may engage in the business of insurance in this state only:(1)  as a risk retention group; and(2)  to conduct the activities described in this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.202 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.202. Plan of Operation

Sec. 2201.202.  PLAN OF OPERATION.  A plan of operation submitted to the commissioner under Section 2201.103 or 2201.152 must be in the form of an analysis that presents the expected activities and results of a risk retention group, including, at a minimum:(1)  information sufficient to verify that the group's members are engaged in businesses or activities that are similar or related with respect to the liability to which those members are exposed by virtue of any related, similar, or common product, trade, business, operations, premises, or services;(2)  for each state in which the group intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer;(3)  historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;(4)  pro forma financial statements and projections;(5)  appropriate opinions, including a determination of minimum premium or participation levels required to begin operations and to prevent a hazardous financial condition, by:(A)  a qualified, independent casualty actuary who is a member in good standing of the American Academy of Actuaries; or(B)  an individual who the commissioner recognizes as having comparable training and experience;(6)  identification of management, underwriting and claims procedures, marketing methods, managerial oversight methods, and investment policies; and(7)  other matters prescribed by the insurance laws of the state in which the group is chartered.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.203 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.203. Agent to Verify Authority

Sec. 2201.203.  AGENT TO VERIFY AUTHORITY.  Before placing business with a risk retention group, each agent shall secure from the appropriate insurance regulatory authority a certified copy of the certificate of authority verifying that the insurer is authorized in the insurer's domiciliary jurisdiction to write the liability insurance policy the agent proposes to procure from the insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.204 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.204. Applicability of Certain Requirements for Liability Insurers

Sec. 2201.204.  APPLICABILITY OF CERTAIN REQUIREMENTS FOR LIABILITY INSURERS.  A risk retention group authorized to engage in business in this state under Subchapter C or D must participate on the same basis as a liability insurer holding a certificate of authority to engage in the business of insurance in this state in:(1)  the Texas Windstorm Insurance Association;(2)  joint underwriting associations;(3)  mandatory liability and assigned risk pools; and(4)  residual market facilities.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.205 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.205. Risk Retention Group Participation in Insolvency Guaranty Fund Prohibited

Sec. 2201.205.  RISK RETENTION GROUP PARTICIPATION IN INSOLVENCY GUARANTY FUND PROHIBITED.  A risk retention group may not be required or permitted to join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state.  A risk retention group, and any of the group's insureds or claimants against an insured, may not receive any benefit from an insurance insolvency guaranty fund or similar mechanism in this state for a claim arising under an insurance policy issued by the group.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.206 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.206. Required Notice

Sec. 2201.206.  REQUIRED NOTICE.  (a)  Any policy issued by a risk retention group must contain in 10-point type on the front page and on the declarations page the following notice:NOTICEThis policy is issued by your risk retention group.  Your risk retention group may not be subject to all of the insurance laws and regulations of your state.  State insurance insolvency guaranty funds are not available for your risk retention group.(b)  Each person, firm, partnership, or corporation licensed under Chapter 981, 4051, or 4056 shall inform each prospective insured on business to be placed with a risk retention group of the notice required by Subsection (a).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.207 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.207. Prohibited Activities

Sec. 2201.207.  PROHIBITED ACTIVITIES.  A risk retention group may not:(1)  solicit or sell insurance to any person who is not eligible for membership in the group;(2)  solicit or sell insurance or operate if the group is in a hazardous financial condition or is financially impaired; or(3)  engage in business in this state if an insurer is directly or indirectly a member or owner of the group, unless all of the group members are insurers.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.208 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.208. Injunctive Relief

Sec. 2201.208.  INJUNCTIVE RELIEF.  An order issued by a United States district court enjoining a risk retention group from soliciting or selling insurance or operating in any state, in all states, or in any territory or possession of the United States on a finding that the group is in a hazardous financial condition, is financially impaired, or is insolvent is enforceable in the courts of this state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.209 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter E. Provisions Regulating General Operation|Section 2201.209. Penalties

Sec. 2201.209.  PENALTIES.  (a)  A risk retention group that is authorized to engage in business in this state under Subchapter C or D and that violates this chapter is subject to all sanctions and penalties applicable to an insurer that holds a certificate of authority under Chapters 822 and 861, including revocation of the authority to engage in business in this state.(b)  A risk retention group not chartered in this state that violates this chapter is also subject to any fine or penalty applicable to a foreign admitted insurer generally, including revocation of the authority to engage in business in this state.(c)  A risk retention group engaging in business in this state that is not authorized to engage in business under Subchapter C or D is considered an unauthorized insurer and is subject to Section 823.457, Subchapters A-P, Chapter 442, and Chapters 101, 441, 804, and 801, other than Section 801.056.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.251 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter F. Purchasing Groups|Section 2201.251. General Qualifications of Purchasing Group

Sec. 2201.251.  GENERAL QUALIFICATIONS OF PURCHASING GROUP.  (a)  A purchasing group must:(1)  have as one of the group's purposes the purchase of liability insurance on a group basis;(2)  be composed of members whose businesses or activities are similar or related with respect to the liability to which those members are exposed by virtue of any related, similar, or common product, trade, business, operations, premises, or services; and(3)  purchase group liability insurance only for the group's members and only to cover the members' similar or related liability exposure as described in Subdivision (2).(b)  A purchasing group may be domiciled in any state.(c)  Notwithstanding any other provision of this code, a purchasing group composed primarily of employees of a political subdivision, including a county, municipality, or school district, may purchase first-party indemnity coverage, in addition to the liability coverage described in Subsection (a)(3), on a group basis for other risks to which members may be exposed provided that the aggregate coverage limit per group member for the risk does not exceed three percent of the per member coverage limit for liability coverage.(d)  A purchasing group shall notify the commissioner of the group's intent to purchase coverage described by Subsection (c) not later than the 60th day before the date the policy that includes the coverage is initially issued.(e)  Subsection (d) does not apply to a purchasing group described by Subsection (c) that was providing to its members coverage described by Subsection (c) on January 1, 2013, and has continued to provide that coverage without lapse.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 476 (S.B. 1125), Sec. 1, eff. September 1, 2013.|
TX Ins Code § 2201.252 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter F. Purchasing Groups|Section 2201.252. Determination of Location

Sec. 2201.252.  DETERMINATION OF LOCATION.  (a)  For purposes of this subchapter, a purchasing group is considered to be located in the state in which the highest aggregate premiums are in force on the date the group insurance policy is written or renewed.  The group's location is ascertained on each placement or renewal of insurance by the group with an insurer or risk retention group.(b)  For purposes of this section, a group insurance policy is considered to be renewed annually.  |Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.253 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter F. Purchasing Groups|Section 2201.253. Limitations on Authority

Sec. 2201.253.  LIMITATIONS ON AUTHORITY.  (a)  A purchasing group located in this state may not purchase liability insurance from a risk retention group that is not chartered in a state or from an insurer that does not hold a certificate of authority to engage in the business of insurance in this state unless the purchase is effected through a licensed agent acting under Chapter 981.(b)  A purchasing group may not offer insurance policy coverage declared unlawful by the Texas Supreme Court.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2201.254 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2201 - Risk Retention Groups and Purchasing Groups|Subchapter F. Purchasing Groups|Section 2201.254. Application of State Law

Sec. 2201.254.  APPLICATION OF STATE LAW.  (a)  A purchasing group meeting the criteria established under the Liability Risk Retention Act of 1986 (15 U.S.C. Section 3901 et seq.) is exempt from any law of this state that:(1)  relates to the creation of groups for the purchase of insurance;(2)  requires countersignatures;(3)  prohibits group purchasing; or(4)  discriminates against a purchasing group or the group's members.(b)  An insurer is exempt from any law of this state that prohibits providing or offering to provide to a purchasing group or the group's members advantages based on the group's or members' loss and expense experience that are not afforded to other persons with respect to rates, policy forms, coverages, or other matters.(c)  A purchasing group is subject to all other applicable laws of this state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|