reglab/housing_qa huggingface dataset:
TX Ins Code § 2210.204 (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 E. Insurance Coverage|Section 2210.204. Cancellation of Certain Coverage

Sec. 2210.204.  CANCELLATION OF CERTAIN COVERAGE.  (a)  Subsections (b) and (c) apply if:(1)  an agent or another person, firm, or corporation finances the payment of all or a portion of the premium for insurance coverage;(2)  there is an outstanding balance for the financing of the premium; and(3)  that balance, or an installment of that balance, is not paid before the expiration of the 10th day after the due date.(b)  The agent or other person, firm, or corporation to whom the balance described by Subsection (a) is due may request cancellation of the insurance coverage by:(1)  returning the policy, with proof that the insured was notified of the return; or(2)  requesting the association to cancel the insurance coverage by a notice mailed to the insured and to any others shown in the policy as having an insurable interest in the property.(c)  On completion of cancellation under Subsection (b), the association shall refund the unearned premium, less any minimum retained premium set forth in the plan of operation, to the person, firm, or corporation to whom the unpaid balance is due.(d)  If an insured requests cancellation of the insurance coverage, the association shall refund the unearned premium, less any minimum retained premium set forth in the plan of operation, payable to the insured and the holder of an unpaid balance.  The property and casualty agent who received a commission as the result of the issuance of an association policy providing the canceled coverage shall refund the agent's commission on any unearned premium in the same manner.(e)  For cancellation of insurance coverage under this section, the minimum retained premium in the plan of operation must be for a period of not less than 90 days, except for events specified in the plan of operation that reflect a significant change in the exposure or the policyholder concerning the insured property, including:(1)  the purchase of similar coverage in the voluntary market;(2)  sale of the property to an unrelated party;(3)  death of the policyholder; or(4)  total loss of the property.|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. 548 (S.B. 1263), Sec. 2.16, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 28, eff. June 19, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 22, eff. September 28, 2011.|
TX Ins Code § 2210.2041 (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 E. Insurance Coverage|Section 2210.2041. Nonrefundable Surcharge

Sec. 2210.2041.  NONREFUNDABLE SURCHARGE.  A nonrefundable surcharge established under this chapter is not refundable under this code for any reason or purpose.|Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 29, eff. June 19, 2009.|
TX Ins Code § 2210.205 (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 E. Insurance Coverage|Section 2210.205. Required Policy Provisions: Deadline for Filing Claim; Notice Concerning Resolution of Certain Disputes

Sec. 2210.205.  REQUIRED POLICY PROVISIONS: DEADLINE FOR FILING CLAIM; NOTICE CONCERNING RESOLUTION OF CERTAIN DISPUTES.  (a)  A windstorm and hail insurance policy issued by the association must:(1)  require an insured to file a claim under the policy not later than the first anniversary of the date on which the damage to property that is the basis of the claim occurs;(2)  contain, in boldface type, a conspicuous notice concerning the resolution of disputes under the policy, including:(A)  the processes and deadlines for appraisal under Section 2210.574 and alternative dispute resolution under Section 2210.575;(B)  the binding effect of appraisal under Section 2210.574; and(C)  the necessity of complying with the requirements of Subchapter L-1 to seek relief, including judicial relief; and(3)  contain a conspicuous notice concerning the availability of supplemental payments under the policy, including:(A)  a description of the process for requesting a supplemental payment; and(B)  notice of applicable deadlines related to supplemental payments.(b)  The commissioner, on a showing of good cause by a person insured under this chapter, may extend the one-year period described by Subsection (a)(1) for a period not to exceed 180 days.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 23, eff. September 28, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 9, eff. September 1, 2019.|
TX Ins Code § 2210.207 (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 E. Insurance Coverage|Section 2210.207. Windstorm and Hail Insurance: Replacement Cost Coverage

Sec. 2210.207.  WINDSTORM AND HAIL INSURANCE:  REPLACEMENT COST COVERAGE.  (a)  In this section, "roof covering" means:(1)  the roofing material exposed to the weather;(2)  the underlayments applied for moisture protection; and(3)  all flashings required in the replacement of a roof covering.(b)  Subject to any applicable deductibles and the limits for the coverage purchased by the insured, a windstorm and hail insurance policy issued by the association may include replacement cost coverage for one- and two-family dwellings, including outbuildings, as provided under the dwelling extension coverage in the policy.(c)  If, on the effective date of an association policy, the total amount of insurance applicable to a dwelling is equal to 80 percent or more of the full replacement cost of the dwelling or equal to the maximum amount of insurance otherwise available through the association, coverage applicable to the dwelling under the policy is extended to include the full cost of repair or replacement, without a deduction for depreciation.(d)  If, on the effective date of an association policy, the total amount of insurance applicable to a dwelling is equal to less than 80 percent of the full replacement cost of the dwelling and less than the maximum amount of insurance available through the association, liability for loss under the policy may not exceed the replacement cost of the part of the dwelling that is damaged or destroyed, less depreciation.(e)  Notwithstanding this chapter or any other law, the commissioner, after notice and hearing, may adopt rules to:(1)  authorize the association to provide actual cash value coverage instead of replacement cost coverage on the roof covering of a building insured by the association; and(2)  establish:(A)  the conditions under which the association may provide that actual cash value coverage;(B)  the appropriate premium reductions when coverage for the roof covering is provided on an actual cash value basis; and(C)  the disclosure that must be provided to the policyholder, prominently displayed on the face of the windstorm and hail insurance policy.(f)  Notwithstanding Chapter 40, a hearing under Subsection (e) shall be held before the commissioner or the commissioner's designee.(g)  The commissioner may 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.Amended by: Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 10, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900), Sec. 4, eff. June 10, 2019.|
TX Ins Code § 2210.208 (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 E. Insurance Coverage|Section 2210.208. Windstorm and Hail Insurance: Coverage for Certain Indirect Losses

Sec. 2210.208.  WINDSTORM AND HAIL INSURANCE:  COVERAGE FOR CERTAIN INDIRECT LOSSES.  (a)  Except as provided by Subsections (e) and (f), a windstorm and hail insurance policy issued by the association for a dwelling, as that term is defined by the department or a successor to the department, must include coverage for:(1)  wind-driven rain damage, regardless of whether an opening is made by the wind;(2)  loss of use; and(3)  consequential losses.(b)  A windstorm and hail insurance policy issued by the association for tenant contents of a dwelling or other residential building must include coverage for loss of use and consequential losses.(c)  The coverage required under Subsection (a) or (b) must be made:(1)  according to forms approved by the commissioner; and(2)  for a premium paid by the insured based on rates established by commissioner rule.(d)  The association shall provide coverage under this section as directed by commissioner rule.(e)  The association is not required to offer coverage for indirect losses as provided by Subsection (a) or (b) unless that coverage was excluded from a companion policy in the voluntary market.(f)  The association is not required to provide coverage for:(1)  loss of use, if the loss is loss of rent or loss of rental value; or(2)  additional living expenses, if the insured property is a secondary or a nonprimary residence.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.209 (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 E. Insurance Coverage|Section 2210.209. Windstorm and Hail Insurance: Coverage for Certain Property Located Over Water

Sec. 2210.209.  WINDSTORM AND HAIL INSURANCE:  COVERAGE FOR CERTAIN PROPERTY LOCATED OVER WATER.  (a)  A windstorm and hail insurance policy issued by the association may include coverage for:(1)  a building or other structure located in the seacoast territory that is built wholly or partially over water; and(2)  the corporeal movable property contained in a building or structure described by Subdivision (1).(b)  The association may impose appropriate limits of coverage and deductibles for coverage described by Subsection (a).(c)  The board of directors of the association shall submit any proposed changes to the plan of operation necessary to implement Subsections (a) and (b) to the commissioner in the manner provided by Section 2210.153.(d)  The commissioner shall adopt rules as necessary to implement this section, including any rules necessary to implement changes in the plan of operation proposed under Subsection (c).|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.062(a), eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.062(a), eff. September 1, 2007.|
TX Ins Code § 2210.210 (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 E. Insurance Coverage|Section 2210.210. Coverage of Certain Structures Prohibited

Sec. 2210.210.  COVERAGE OF CERTAIN STRUCTURES PROHIBITED.  The association may not issue coverage for a wind turbine regardless of whether the turbine could otherwise be considered insurable property under this chapter.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 23, eff. September 28, 2011.|
TX Ins Code § 2210.252 (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 F. Property Inspections for Windstorm and Hail Insurance|Section 2210.252. International Residential Code Building Specifications

Sec. 2210.252.  INTERNATIONAL RESIDENTIAL CODE BUILDING SPECIFICATIONS.  (a)  After January 1, 2004, for geographic areas specified by the commissioner, the commissioner by rule may supplement the plan of operation building specifications with the structural provisions of the International Residential Code for one- and two-family dwellings, as published by the International Code Council or an analogous entity recognized by the department.(b)  For a geographic area specified under Subsection (a), the commissioner by rule may adopt a subsequent edition of the International Residential Code for one- and two-family dwellings and may adopt a supplement published by the International Code Council or an amendment to that code.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.253 (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 F. Property Inspections for Windstorm and Hail Insurance|Section 2210.253. Insurer Assessment: First Tier Coastal County

Sec. 2210.253.  INSURER ASSESSMENT:  FIRST TIER COASTAL COUNTY.  (a)  In this section, "property insurance" means a commercial or residential insurance policy prescribed or approved by the department that provides coverage for windstorm and hail damage, including a Texas windstorm and hail insurance policy.(b)  The department shall assess each insurer that provides property insurance in a first tier coastal county in accordance with this section.(c)  The total assessment under this section in a state fiscal year must be in the amount estimated by the department as necessary to cover the administrative costs of the windstorm inspection program under Section 2210.251 to be incurred in the first tier coastal counties in that fiscal year.(d)  The assessment must be based on each insurer's proportionate share of the total extended coverage and other allied lines premium received by all insurers for property insurance in the first tier coastal counties in the calendar year preceding the year in which the assessment is made.(e)  The commissioner shall adopt rules to implement the assessment of insurers under this section.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2210.254 (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 F. Property Inspections for Windstorm and Hail Insurance|Section 2210.254. Qualified Inspectors

Sec. 2210.254.  QUALIFIED INSPECTORS.  (a)  For purposes of this chapter, a "qualified inspector" includes:(1)  a person determined by the department to be qualified because of training or experience to perform building inspections; (2)  a licensed professional engineer; and(3)  an inspector who:(A)  is certified by the International Code Council, the Building Officials and Code Administrators International, Inc., the International Conference of Building Officials, or the Southern Building Code Congress International, Inc.;(B)  has certifications as a buildings inspector and coastal construction inspector; and(C)  complies with other requirements specified by commissioner rule.(b)  A windstorm inspection may be performed only by a qualified inspector.(c)  Before performing building inspections, a qualified inspector must be approved and appointed or employed by the department.(d)  The department may charge a reasonable fee for the filing of applications by and determining the qualifications of persons for appointment as qualified inspectors.(e)  The department may establish an annual renewal period for persons appointed as qualified inspectors.|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. 25, eff. September 28, 2011.Acts 2015, 84th Leg., R.S., Ch. 1073 (H.B. 2439), Sec. 4, eff. September 1, 2015.|
TX Ins Code § 2210.2551 (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 F. Property Inspections for Windstorm and Hail Insurance|Section 2210.2551. Enforcement Authority; Rules

Sec. 2210.2551.  ENFORCEMENT AUTHORITY; RULES.  (a)  The department has exclusive authority over all matters relating to the appointment and oversight of qualified inspectors for purposes of this chapter and to the physical inspection of structures for the purposes of determining whether to issue a certificate of compliance under Section 2210.2515(d), including the submission of documents to the department or association regarding the physical inspection of structures.(b)  The commissioner by rule shall establish criteria to ensure that a person seeking appointment as a qualified inspector under this subchapter possesses the knowledge, understanding, and professional competence to perform windstorm inspections for the issuance of a certificate of compliance under Section 2210.2515(d) and to comply with other requirements of this chapter.(c)  Subsection (b) applies only to a determination concerning the appointment of a qualified inspector under this chapter.  The exclusive jurisdiction of the department under this section does not apply to the practice of engineering as defined by Section 1001.003, Occupations Code, or to a license issued, qualification required, determination made, order issued, judgment rendered, or other action of a board operating under Chapter 1001, Occupations Code. In the event of conflict, the authority of that board prevails with regard to the practice of engineering.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1073 , Sec. 9(3), eff. September 1, 2015.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1073 , Sec. 9(3), eff. September 1, 2015.(f)  The commissioner may not adopt or enforce a rule that requires an engineer to affix the engineer's seal to an inspection form submitted under this subchapter.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 27, eff. September 28, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1073 (H.B. 2439), Sec. 5, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1073 (H.B. 2439), Sec. 9(3), eff. September 1, 2015.|
TX Ins Code § 2210.257 (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 F. Property Inspections for Windstorm and Hail Insurance|Section 2210.257. Deposit of Fees

Sec. 2210.257.  DEPOSIT OF FEES.  All fees collected by the department under this subchapter 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 § 2210.258 (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 F. Property Inspections for Windstorm and Hail Insurance|Section 2210.258. Compliance With Building Codes; Eligibility

Sec. 2210.258.  COMPLIANCE WITH BUILDING CODES; ELIGIBILITY.  (a)  Except as provided by Subsections (c) and (d) and notwithstanding any other provision of this chapter, to be eligible for insurance through the association, all construction, alteration, remodeling, enlargement, and repair of, or addition to, any structure located in the catastrophe area that is begun on or after the effective date of Sections 5 through 49, H.B. 4409, 81st Legislature, Regular Session, 2009, must be performed in compliance with the applicable building code standards, as set forth in the plan of operation.(b)  Except as provided by Subsections (c) and (d), the association may not insure a structure described by Subsection (a) until a certificate of compliance has been issued for the structure in accordance with Section 2210.2515.(c)  The association may insure a residential structure constructed, altered, remodeled, enlarged, repaired, or added to on or after June 19, 2009, that is not in compliance with the applicable building code standards, as set forth in the plan of operation, provided that:(1)  the structure had been insured on or after June 19, 2009, by an insurer in the private market that canceled or nonrenewed the insurance coverage of the structure;(2)  the applicant provides to the association proof that insurance coverage that was issued to the applicant or the previous insured for the structure was canceled or nonrenewed in the private market as described by Subdivision (1); and(3)  no construction, alteration, remodeling, enlargement, or repair of, or addition to, the structure occurred after cancellation or nonrenewal of the coverage and before submission of an application for coverage through the association.(d)  The association may insure a structure described by Subsection (a) for a policy term not to exceed 30 days if an inspection verification form or other inspection form adopted by the department has been issued for the structure for purposes of providing temporary coverage while an applicant seeks to secure a certificate of compliance for the structure if the structure is otherwise insurable property.|Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 31, eff. June 19, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1228 (S.B. 1702), Sec. 2, eff. June 14, 2013.Acts 2015, 84th Leg., R.S., Ch. 188 (S.B. 498), Sec. 2, eff. May 28, 2015.Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 14, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1073 (H.B. 2439), Sec. 7, eff. September 1, 2015.|