reglab/housing_qa huggingface dataset:
TX Ins Code § 463.154 (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 D. Assessments|Section 463.154. Deferment

Sec. 463.154.  DEFERMENT.  The association may wholly or partly defer an assessment on a member insurer if the association believes payment of the assessment would endanger the ability of the insurer to fulfill the insurer's contractual obligations.  The amount of the assessment that is deferred may be assessed against the other member insurers in a manner consistent with this subchapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 12, eff. September 1, 2019.|
TX Ins Code § 463.155 (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 D. Assessments|Section 463.155. Deposit of Assessments

Sec. 463.155.  DEPOSIT OF ASSESSMENTS.  The association may deposit assessments into the Texas Treasury Safekeeping Trust Company in accordance with procedures established by the comptroller.  The comptroller shall account to the association for the deposited money separately from all other money.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.156 (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 D. Assessments|Section 463.156. Certificate of Contribution

Sec. 463.156.  CERTIFICATE OF CONTRIBUTION.  The association shall issue to each member insurer that pays a Class B assessment a certificate of contribution, in a form the commissioner prescribes, for the amount paid.  All outstanding certificates are of equal priority regardless of the amount of the assessment paid or the date the certificate is issued.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.157 (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 D. Assessments|Section 463.157. Refunds

Sec. 463.157.  REFUNDS.  (a)  The board may refund to member insurers the amount by which the association's assets, including any net realized gains and income from investments, exceed the amount the board determines is necessary to carry out the association's obligations regarding that amount during the next year.(b)  A refund must be made:(1)  by an equitable method established in the plan of operation; and(2)  in proportion to the contribution of each member insurer.(c)  The board may retain a reasonable amount to provide for the association's continuing expenses and for future losses if refunds are impractical.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.158 (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 D. Assessments|Section 463.158. Use of Assessments

Sec. 463.158.  USE OF ASSESSMENTS.  Money from assessments supplements the marshalling of an impaired insurer's assets to make payments on the insurer's behalf.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.159 (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 D. Assessments|Section 463.159. Failure to Pay; Collection by Commissioner

Sec. 463.159.  FAILURE TO PAY; COLLECTION BY COMMISSIONER.  On failure of a member insurer to pay an assessment when due, the commissioner may either:(1)  suspend or revoke, after notice and hearing, the insurer's certificate of authority to engage in the business of insurance in this state; or(2)  levy a forfeiture in an amount not less than $100 each month or more than five percent of the unpaid assessment each month.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.160 (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 D. Assessments|Section 463.160. Premium Tax Credit for Class a Assessment

Sec. 463.160.  PREMIUM TAX CREDIT FOR CLASS A ASSESSMENT.  The amount of a Class A assessment paid by a member insurer in each taxable year shall be allowed as a credit on the amount of premium taxes due.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 2.06, eff. September 28, 2011.|
TX Ins Code § 463.161 (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 D. Assessments|Section 463.161. Premium Tax Credit for Class B Assessment

Sec. 463.161.  PREMIUM TAX CREDIT FOR CLASS B ASSESSMENT.  (a)  A member insurer is entitled to show as an admitted asset a certificate of contribution in the form the commissioner approves under Section 463.156.  Unless the commissioner requires a longer period, the certificate may be shown at:(1)  for the calendar year of issuance, an amount equal to the certificate's original face value approved by the commissioner; and(2)  beginning with the year following the calendar year of issuance, an amount equal to the certificate's original face value, reduced by 20 percent a year for each year after the year of issuance, for a period of five years.(b)  An amount written off during a calendar year under Subsection (a) shall be allowed as a credit against the member insurer's premium tax owed for business engaged in during that year.  The insurer is not required to write off in a single year an amount that exceeds the amount of premium tax owed for the business described by this subsection.(c)  The association shall pay to the commissioner, and the commissioner shall deliver to the comptroller for deposit to the credit of the general revenue fund, any amount owed as a refund from the association under Section 463.157 that was written off and used for a tax credit under this section.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.017(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.017(a), eff. September 1, 2007.|
TX Ins Code § 463.162 (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 D. Assessments|Section 463.162. Assignment or Transfer of Credit

Sec. 463.162.  ASSIGNMENT OR TRANSFER OF CREDIT.  (a)  A member insurer may assign or transfer a credit against premium tax to another member insurer if:(1)  an acquisition, merger, or total assumption of reinsurance occurs between the insurers; or(2)  the commissioner by order approves the assignment or transfer.(b)  Not later than the later of November 1 or the 60th day after the date of the assignment or transfer, each member insurer shall:(1)  report the assignment or transfer to the comptroller on a form the comptroller prescribes; and(2)  include with the report any documents from the commissioner that show approval of the assignment or transfer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.163 (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 D. Assessments|Section 463.163. Insured's Liability Under Assessment Plan

Sec. 463.163.  INSURED'S LIABILITY UNDER ASSESSMENT PLAN.  This chapter does not reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.202 (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 E. Coverage Provided by Association|Section 463.202. Policies and Contracts Covered

Sec. 463.202.  POLICIES AND CONTRACTS COVERED.  (a)  Except as limited by this chapter, the coverage provided by this chapter to a person specified by Section 463.201, subject to Sections 463.201(b) and (c), applies with respect to the following policies and contracts issued by a member insurer:(1)  a direct, nongroup life, health, accident, annuity, or supplemental policy or contract, including a health maintenance organization contract or certificate;(2)  a certificate under a direct group policy or contract;(3)  a group hospital service contract; and(4)  an unallocated annuity contract.(b)  The coverage provided by this chapter also applies with respect to all other insurance coverage written by the following entities authorized to engage in business in this state:(1)  a mutual assessment company;(2)  a local mutual aid association;(3)  a statewide mutual assessment company; and(4)  a stipulated premium company.(c)  For the purposes of this section, an annuity contract or a certificate under a group annuity contract includes:(1)  a guaranteed investment contract;(2)  a deposit administration contract;(3)  an allocated or unallocated funding agreement;(4)  a structured settlement annuity;(5)  an annuity issued to or in connection with a government lottery; and(6)  an immediate or deferred annuity contract.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.018(b), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.018(b), eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 13, eff. September 1, 2019.|
TX Ins Code § 463.205 (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 E. Coverage Provided by Association|Section 463.205. Protection Provided by Other Jurisdiction

Sec. 463.205.  PROTECTION PROVIDED BY OTHER JURISDICTION.  This chapter does not provide coverage for a resident with respect to an impaired or insolvent insurer domiciled in another jurisdiction if guaranty protection is provided to the resident by the law of that jurisdiction.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.206 (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 E. Coverage Provided by Association|Section 463.206. Association Discretion in Manner of Providing Benefits

Sec. 463.206.  ASSOCIATION DISCRETION IN MANNER OF PROVIDING BENEFITS.  (a)  The board shall have discretion and may exercise reasonable business judgment to determine the means by which the association is to provide the benefits of this chapter in an economical and efficient manner.(b)  If the association arranges or offers to provide the benefits of this chapter to a covered person under a plan or arrangement that fulfills the association's obligations under this chapter, the person is not entitled to benefits from the association in addition to or other than those provided under the plan or arrangement.|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.015(b), eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.015(b), eff. September 1, 2007.|
TX Ins Code § 463.251 (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 F. Powers and Duties of Association Relating|Section 463.251. Impaired Domestic Insurer

Sec. 463.251.  IMPAIRED DOMESTIC INSURER.  (a)  This section applies only to a member insurer that is an impaired domestic insurer.(b)  With the commissioner's approval, the association may:(1)  guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, one or more of the insurer's policies or contracts;(2)  provide money, pledges, notes, guarantees, or other means proper to:(A)  implement Subdivision (1); and(B)  ensure payment of the insurer's contractual obligations until action is taken under Subdivision (1); or(3)  loan money to the insurer.(c)  In taking action under Subsection (b), the association may impose any condition that:(1)  does not impair the insurer's contractual obligations; and(2)  is approved by:(A)  the commissioner; and(B)  the insurer, except in a conservation or rehabilitation ordered by a court.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 16, eff. September 1, 2019.|
TX Ins Code § 463.252 (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 F. Powers and Duties of Association Relating|Section 463.252. Impaired Domestic, Foreign, or Alien Insurer Not Paying Claims

Sec. 463.252.  IMPAIRED DOMESTIC, FOREIGN, OR ALIEN INSURER NOT PAYING CLAIMS.  (a)  This section applies only to a member insurer that:(1)  is an impaired domestic, foreign, or alien insurer; and(2)  is not timely paying claims.(b)  Subject to Subsection (d), the association shall:(1)  with respect to the insurer, take one or more actions that the association is authorized to take under Section 463.251 with respect to an impaired domestic insurer, subject to the conditions of that section; or(2)  provide substitute benefits instead of the insurer's contractual obligations as provided by Subsection (c).(c)  A policy or contract owner, certificate holder, or enrollee who claims emergency or hardship may petition for substitute benefits under standards the association proposes and the commissioner approves.  Substitute benefits are available only for a health claim, periodic annuity benefit payment, death benefit, supplemental benefit, or cash withdrawal.(d)  The association is required to take action under this section only if:(1)  the laws of the insurer's state of domicile provide that, until all payments of or on account of the insurer's contractual obligations are made by all guaranty associations and all expenses of the associations and interest on those payments and expenses have been repaid to the associations or a plan of repayment by the insurer has been approved by the associations:(A)  the delinquency proceeding may not be dismissed;(B)  the insurer and the insurer's assets may not be returned to the control of the insurer's shareholders or private management; and(C)  the insurer may not solicit or accept new business or have any suspended or revoked certificate of authority restored;(2)  the insurer is a domestic insurer that has been placed under an order of rehabilitation by a court in this state;  or(3)  the insurer is a foreign or alien insurer and:(A)  the insurer has been prohibited from soliciting or accepting new business in this state;(B)  the insurer's certificate of authority has been suspended or revoked in this state;  and(C)  a petition for rehabilitation or liquidation has been filed in a court in the insurer's state of domicile by the insurance official of that state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 17, eff. September 1, 2019.|
TX Ins Code § 463.253 (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 F. Powers and Duties of Association Relating|Section 463.253. Insolvent Insurer

Sec. 463.253.  INSOLVENT INSURER.  (a)  This section applies only to a member insurer that is an insolvent insurer.(b)  The association shall provide money, pledges, guarantees, or other means reasonably necessary to discharge the insurer's duties and to:(1)  guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, the insurer's policies or contracts; or(2)  ensure payment of the insurer's contractual obligations.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 18, eff. September 1, 2019.|
TX Ins Code § 463.255 (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 F. Powers and Duties of Association Relating|Section 463.255. Policy or Contract With Guaranteed Interest Rate

Sec. 463.255.  POLICY OR CONTRACT WITH GUARANTEED INTEREST RATE.  In taking an action under Section 463.252(b)(2) or 463.253 with respect to a policy or contract with a guaranteed minimum interest rate, the association shall ensure the payment or crediting of a rate of interest consistent with Section 463.203(b)(3).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.256 (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 F. Powers and Duties of Association Relating|Section 463.256. Alternative Policy

Sec. 463.256.  ALTERNATIVE POLICY.  (a)  An alternative policy issued by the association must:(1)  be approved by the commissioner;(2)  provide coverage of a kind that the association determines is similar to the coverage of the policy issued by the impaired or insolvent insurer;(3)  contain at least the minimum provisions required by the statutes of this state; and(4)  provide benefits that are not unreasonable in relation to the premium charged.(b)  The association shall set the premium according to a table of rates the association adopts.  The premium:(1)  must reflect:(A)  the amount of insurance provided; and(B)  each insured's or enrollee's age and class of risk; and(2)  may not reflect any change in an insured's or enrollee's health occurring after the original policy was most recently underwritten.(c)  The association may adopt various kinds of alternative policies to issue at a later date without regard to any particular impairment or insolvency.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 20, eff. September 1, 2019.|
TX Ins Code § 463.257 (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 F. Powers and Duties of Association Relating|Section 463.257. Imposition of Lien or Moratorium

Sec. 463.257.  IMPOSITION OF LIEN OR MORATORIUM.  To carry out the association's duties under this chapter and with the court's approval, the association may:(1)  impose a permanent policy or contract lien in connection with any guarantee, assumption, or reinsurance agreement if the association determines that:(A)  the amounts that may be assessed under this chapter are insufficient to ensure full and prompt performance of the association's duties under this chapter; or(B)  adverse economic or financial conditions affecting member insurers make imposition of the lien in the public interest; or(2)  in addition to any contractual provision for deferral of cash or policy loan value, impose a temporary moratorium or lien on payment of cash values and policy loans or the exercise of any other right to withdraw money held in connection with a policy or contract.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.258 (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 F. Powers and Duties of Association Relating|Section 463.258. Premium for Reissuance of Terminated Coverage

Sec. 463.258.  PREMIUM FOR REISSUANCE OF TERMINATED COVERAGE.  If the association reissues terminated coverage at a premium different from the terminated policy's premium, the premium must:(1)  reflect the amount of insurance provided and the insured's or enrollee's age and class of risk; and(2)  be approved by the commissioner or a court.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 21, eff. September 1, 2019.|
TX Ins Code § 463.259 (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 F. Powers and Duties of Association Relating|Section 463.259. Premium Due During Receivership

Sec. 463.259.  PREMIUM DUE DURING RECEIVERSHIP.  After a court enters an order of receivership with respect to an impaired or insolvent insurer, a premium due for coverage issued by the insurer is owned by and is payable at the direction of the association.  The association is liable for an unearned premium owed to a policy or contract owner that arises after the court enters the order.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.015(c), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.015(c), eff. September 1, 2007.|