reglab/housing_qa huggingface dataset:
TX Ins Code § 2211.104 (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 2211.104. Additional Assessment in Event of Deficit; Premium Surcharge Authorized

Sec. 2211.104.  ADDITIONAL ASSESSMENT IN EVENT OF DEFICIT; PREMIUM SURCHARGE AUTHORIZED.  (a)  If the association incurs a deficit, the association, at the commissioner's direction, shall:(1)  request the issuance of public securities as authorized by Subchapter E; or(2)  assess participating insurers in accordance with this section.(b)  As reimbursement for assessments paid under this section or service fees paid under Section 2211.209, each insurer may charge a premium surcharge on every property insurance policy insuring property in this state that the insurer issues, the effective date of which is within the three-year period beginning on the 90th day after the date of the assessment or the 90th day after the date the service fee under Section 2211.209 is paid, as applicable.(c)  The insurer shall compute the amount of the surcharge under Subsection (b) as a uniform percentage of the premium on each policy described by Subsection (b).  The percentage must be equal to one-third of the ratio of the amount of the participating insurer's assessment or service fee payment to the amount of the insurer's direct earned premiums, as reported to the department in the insurer's financial statement for the calendar year preceding the year in which the assessment or service fee payment is made so that, over the three-year period, the aggregate of all surcharges by the insurer under this section is at least equal to the amount of the assessment or service fee payment.(d)  The amount of any assessment paid and surcharged under this section may be carried by the insurer as an admitted asset of the insurer for all purposes, including exhibition in annual statements under Section 862.001, until collected.(e)  The commissioner shall adopt rules and procedures 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 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.066(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.066(a), eff. September 1, 2007.|
TX Ins Code § 2211.105 (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 2211.105. Retention and Use of Profits by Association

Sec. 2211.105.  RETENTION AND USE OF PROFITS BY ASSOCIATION.  (a)  The association shall retain any profits of the association to be used for the purposes of the association.(b)  The association:(1)  shall use the profits to mitigate losses, including purchasing reinsurance and offsetting future assessments; and(2)  may not distribute the profits to insurers.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.151 (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 D. Coverage Provided to Insureds|Section 2211.151. Mandatory Coverage Provided to Certain Insureds

Sec. 2211.151.  MANDATORY COVERAGE PROVIDED TO CERTAIN INSUREDS.  The association shall make residential property insurance available to each applicant in an underserved area whose property is insurable in accordance with reasonable underwriting standards but who, after diligent efforts, is unable to obtain residential property insurance through the voluntary market, as evidenced by two declinations from insurers authorized to engage in the business of, and writing, residential property insurance in this state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.152 (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 D. Coverage Provided to Insureds|Section 2211.152. Designation of Area as Underserved

Sec. 2211.152.  DESIGNATION OF AREA AS UNDERSERVED.  The commissioner by rule shall designate the areas determined to be underserved.  In determining which areas to designate as underserved, the commissioner shall consider the factors specified in Section 2004.002.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.153 (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 D. Coverage Provided to Insureds|Section 2211.153. Inspection Bureau

Sec. 2211.153.  INSPECTION BUREAU.  The association, with the approval of the commissioner, shall designate one or more organizations as the inspection bureau.  The inspection bureau shall:(1)  make inspections to determine the condition of a property for which residential property insurance is sought; and(2)  perform other duties authorized by the association or the commissioner.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.154 (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 D. Coverage Provided to Insureds|Section 2211.154. Property Inspection

Sec. 2211.154.  PROPERTY INSPECTION.  (a)  A person who has an insurable interest in real or tangible personal property at a fixed location in an underserved area and who, after diligent effort, is unable to obtain residential property insurance, as evidenced by two current declinations from insurers authorized to engage in the business of residential property insurance in this state and actually writing residential property insurance in this state, is entitled on application to the association to an inspection and evaluation of the property by representatives of the inspection bureau.(b)  A general property and casualty agent or personal lines property and casualty agent may make an application on behalf of the applicant.  The applicant or agent must submit the application on a form prescribed by the association.(c)  Promptly after the application is received, the inspection bureau shall make an inspection and file an inspection report with the association.  The inspection report must be made available to the applicant on request.  The association shall prescribe the manner and scope of the inspection and inspection report for residential property 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. 548 (S.B. 1263), Sec. 2.17, eff. September 1, 2007.|
TX Ins Code § 2211.155 (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 D. Coverage Provided to Insureds|Section 2211.155. Inspection Results; Reinspection

Sec. 2211.155.  INSPECTION RESULTS; REINSPECTION.  (a)  If, after an inspection, the inspection bureau determines that residential property meets the underwriting standards established in the plan of operation, the applicant must be informed in writing of that determination and the association shall issue a policy or binder.  If the residential property does not meet the underwriting standards, the applicant must be informed in writing of the reason for the failure of the residential property to meet the standards.(b)  If, at any time, an applicant whose residential property did not meet the underwriting standards makes improvements to the property or the property's condition that the applicant believes are sufficient to make the property meet the standards, an inspection bureau representative shall reinspect the property on request.  In any case, the applicant is eligible for one reinspection on or before the 60th day after the date of the initial inspection.(c)  If, on reinspection, the residential property meets the underwriting standards, the applicant must be informed in writing of that fact and the association shall issue a policy or binder.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.156 (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 D. Coverage Provided to Insureds|Section 2211.156. Certain Coverage Excluded

Sec. 2211.156.  CERTAIN COVERAGE EXCLUDED.  The FAIR Plan may not provide windstorm and hail insurance coverage for a risk eligible for that coverage under Chapter 2210.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.157 (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 D. Coverage Provided to Insureds|Section 2211.157. Coverage for Certain Windstorm and Hail Damage; Coverage for Certain Property Located Over Water

Sec. 2211.157.  COVERAGE FOR CERTAIN WINDSTORM AND HAIL DAMAGE; COVERAGE FOR CERTAIN PROPERTY LOCATED OVER WATER.  (a)  A policy issued by the association may include coverage against loss or damage by windstorm or hail for:(1)  a building or other structure 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 governing committee of the association shall submit any proposed changes to the plan of operation necessary to implement Subsections (a) and (b) to the commissioner for the approval of the commissioner in the manner provided by Section 2211.053.(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 Subsections (a) and (b).|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.068(a), eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.068(a), eff. September 1, 2007.|
TX Ins Code § 2211.201 (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 E. Revenue Bond Program|Section 2211.201. Purpose

Sec. 2211.201.  PURPOSE.  The legislature finds that issuing public securities to provide a method to raise funds to provide residential property insurance in this state through the association is to benefit the public and to further a public purpose.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.202 (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 E. Revenue Bond Program|Section 2211.202. Definitions

Sec. 2211.202.  DEFINITIONS.  In this subchapter:(1)  "Board" means the board of directors of the Texas Public Finance Authority.(2)  "Bond" means a debt instrument or other public security issued by the Texas Public Finance Authority.(3)  "Public security resolution" means the resolution or order authorizing public securities to be issued under this subchapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.203 (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 E. Revenue Bond Program|Section 2211.203. Applicability of Other Laws

Sec. 2211.203.  APPLICABILITY OF OTHER LAWS.  The following laws apply to public securities issued under this subchapter to the extent consistent with this subchapter:(1)  Chapters 1201, 1202, 1204, 1205, 1231, 1232, and 1371, Government Code; and(2)  Subchapter A, Chapter 1206, Government Code.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.204 (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 E. Revenue Bond Program|Section 2211.204. Issuance of Public Securities Authorized

Sec. 2211.204.  ISSUANCE OF PUBLIC SECURITIES AUTHORIZED.  At the request of the association and subject to Section 2211.205, the Texas Public Finance Authority shall issue public securities to:(1)  fund the association, including to:(A)  establish and maintain reserves to pay claims;(B)  pay operating expenses; and(C)  purchase reinsurance;(2)  pay costs related to issuing the public securities; and(3)  pay other costs related to the public securities as determined by the board.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.205 (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 E. Revenue Bond Program|Section 2211.205. Limitation on Amount of Public Securities

Sec. 2211.205.  LIMITATION ON AMOUNT OF PUBLIC SECURITIES.  The Texas Public Finance Authority may issue on behalf of the association public securities in a total amount not to exceed $75 million.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.206 (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 E. Revenue Bond Program|Section 2211.206. Terms of Issuance

Sec. 2211.206.  TERMS OF ISSUANCE.  (a)  Public securities issued under this subchapter may be issued at a public or private sale.(b)  Public securities must:(1)  be issued in the name of the association; and(2)  mature not more than 10 years after the date issued.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.207 (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 E. Revenue Bond Program|Section 2211.207. Contents of Public Security Resolution; Administration of Accounts

Sec. 2211.207.  CONTENTS OF PUBLIC SECURITY RESOLUTION; ADMINISTRATION OF ACCOUNTS.  (a)  In a public security resolution, the board may:(1)  provide for the flow of funds and the establishment, maintenance, and investment of funds and special accounts with regard to the public securities, including an interest and sinking fund account, a reserve account, and other accounts; and(2)  make additional covenants with regard to the public securities and the designated income and receipts of the association pledged to the payment of the public securities.(b)  The association shall administer the accounts in accordance with this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.208 (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 E. Revenue Bond Program|Section 2211.208. Source of Payment

Sec. 2211.208.  SOURCE OF PAYMENT.  (a)  Public securities issued under this subchapter are payable only from:(1)  the service fee established under Section 2211.209; or(2)  other amounts the association is authorized to levy, charge, and collect.(b)  The public securities are obligations solely of the association and do not create a pledge, gift, or loan of the faith, credit, or taxing authority of this state.(c)  Each public security must:(1)  include a statement that the state is not obligated to pay any amount on the security and that the faith, credit, and taxing authority of this state are not pledged, given, or loaned to those payments; and(2)  state on the security's face that the security:(A)  is payable solely from the revenue pledged for that purpose; and(B)  is not a legal or moral obligation of the state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.209 (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 E. Revenue Bond Program|Section 2211.209. Service Fee

Sec. 2211.209.  SERVICE FEE.  (a)  A service fee may be assessed against:(1)  each participating insurer; and(2)  the association.(b)  The commissioner shall set the service fee in an amount sufficient to pay all debt service on the public securities issued under this subchapter.  Each participating insurer and the association shall pay the service fee as required by the commissioner by rule.(c)  The comptroller shall collect the service fee and the department shall reimburse the comptroller in the manner described by Section 201.052.(d)  The commissioner, in consultation with the comptroller, may coordinate payment and collection of the service fee with other payments made by participating insurers and collected by the comptroller.(e)  As a condition of engaging in the business of insurance in this state, a participating insurer agrees that, if the insurer leaves the property insurance market in this state, the insurer remains obligated to pay the insurer's share of the service fee assessed under this section until the public securities are retired.  The amount assessed against an insurer under this subsection must be:(1)  proportionate to the insurer's share of the property insurance market, including residential property insurance, in this state as of the last complete reporting period before the date the insurer ceases to engage in the property insurance business in this state; and(2)  based on the insurer's gross premiums for property insurance, including residential property insurance, for the insurer's last reporting period.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.210 (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 E. Revenue Bond Program|Section 2211.210. Exemption From Taxation

Sec. 2211.210.  EXEMPTION FROM TAXATION.  Public securities issued under this subchapter, any interest from the public securities, and all assets pledged to secure the payment of the public securities are exempt from taxation by the state or a political subdivision of this state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.211 (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 E. Revenue Bond Program|Section 2211.211. Authorized Investments

Sec. 2211.211.  AUTHORIZED INVESTMENTS.  Public securities issued under this subchapter are authorized investments under Subchapter B, Chapter 424, and Subchapters C and D, Chapter 425.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.212 (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 E. Revenue Bond Program|Section 2211.212. State Pledge Regarding Public Security Owner Rights and Remedies

Sec. 2211.212.  STATE PLEDGE REGARDING PUBLIC SECURITY OWNER RIGHTS AND REMEDIES.  (a)  The state pledges to and agrees with the owners of public securities issued in accordance with this subchapter that the state will not limit or alter the rights vested in the association to fulfill the terms of agreements made with the owners or impair the rights and remedies of the owners until the following obligations are fully discharged:(1)  the public securities;(2)  any bond premium;(3)  interest; and(4)  all costs and expenses related to an action or proceeding by or on behalf of the owners.(b)  The association may include the state's pledge and agreement under Subsection (a) in an agreement with the owners of the public securities.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.213 (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 E. Revenue Bond Program|Section 2211.213. Payment Enforceable by Mandamus

Sec. 2211.213.  PAYMENT ENFORCEABLE BY MANDAMUS.  A writ of mandamus and any other legal or equitable remedy are available to a party in interest to require the association or another party to fulfill an agreement or perform a function or duty under:(1)  this subchapter;(2)  the Texas Constitution; or(3)  a public security resolution.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.251 (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 F. Penalties|Section 2211.251. Sanctions and Administrative Penalties

Sec. 2211.251.  SANCTIONS AND ADMINISTRATIVE PENALTIES.  If the association, the inspection bureau, or a participating insurer is found to be in violation of or to have failed to comply with this chapter, that entity is subject to:(1)  the sanctions authorized by Chapter 82; and(2)  administrative penalties authorized by Chapter 84.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2211.252 (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 F. Penalties|Section 2211.252. Additional Disciplinary Procedures

Sec. 2211.252.  ADDITIONAL DISCIPLINARY PROCEDURES.  In addition to the remedies provided by Section 2211.251, the commissioner may use any other disciplinary procedures authorized by this code, including the cease and desist procedures authorized by Chapter 83.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2212.001 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2212 - Self-Insurance Trusts for Health Care Liability Claims|Subchapter A. General Provisions|Section 2212.001. Definitions

Sec. 2212.001.  DEFINITIONS.  In this chapter:(1)  "Charitable organization" has the meaning assigned by Section 84.003, Civil Practice and Remedies Code.(2)  "Dentist" means a person licensed to practice dentistry in this state.(3)  "Health care liability claim" means a cause of action against a physician or dentist for treatment, lack of treatment, or other claimed departure from accepted standards of health care or safety that proximately results in injury to or death of the patient, whether the patient's claim or cause of action sounds in tort or contract.(4)  "Physician" means a person licensed to practice medicine in this state.(5)  "Trust" means a self-insurance trust organized and operated under this chapter.(6)  "Volunteer health care provider" has the meaning assigned by Section 84.003, Civil Practice and Remedies Code.|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.069(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.069(a), eff. September 1, 2007.|