reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter M. Subsidiaries Authorized to Provide Health Benefit Coverage › Section 2054.601. Definition

Sec. 2054.601.  DEFINITION.  In this subchapter, "alternative health benefit coverage" means health benefit coverage:
(1)  provided by a subsidiary of the company that is not authorized to engage in the business of insurance in this state;
(2)  offered only to:
(A)  individuals;
(B)  small businesses with not more than 250 full-time equivalent employees; or
(C)  the company's policyholders or their employees; and
(3)  that is not:
(A)  provided through an insurance policy or other product the offering or issuance of which constitutes the business of insurance in this state; or
(B)  benefit coverage subject to the laws governing workers' compensation in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 1019 (H.B. 3752), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter M. Subsidiaries Authorized to Provide Health Benefit Coverage › Section 2054.602. Health Benefit Coverage Offered by Subsidiary Authorized

Sec. 2054.602.  HEALTH BENEFIT COVERAGE OFFERED BY SUBSIDIARY AUTHORIZED.  (a)  The company may create, acquire, or otherwise own or operate one or more subsidiaries that offer accident or health insurance or another type of health benefit coverage or health benefit plan as provided by this subchapter.
(b)  A subsidiary of the company may offer in this state:
(1)  accident or health insurance or another type of health benefit plan authorized under this code, in accordance with a certificate of authority issued to the subsidiary under this code; or
(2)  alternative health benefit coverage as described by Section 2054.601.
(c)  A subsidiary of the company may not offer or issue an occupational policy for an employer or an employer's employees covering an occupational bodily injury, disease, or death that explicitly provides liability coverage to an employer that elects not to maintain workers' compensation insurance coverage under Chapter 406, Labor Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 1019 (H.B. 3752), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter M. Subsidiaries Authorized to Provide Health Benefit Coverage › Section 2054.603. Considerations and Guiding Principles for Developing Health Benefit Coverage Offerings

Sec. 2054.603.  CONSIDERATIONS AND GUIDING PRINCIPLES FOR DEVELOPING HEALTH BENEFIT COVERAGE OFFERINGS.  (a)  In developing health benefit coverage or health benefit plan options to be offered through a subsidiary of the company, the company shall fully explore all health coverage options that may be offered under this subchapter and place emphasis on:
(1)  increasing competition in the health insurance market;
(2)  utilizing innovations that improve the quality of health care while lowering health care costs;
(3)  ensuring adequacy of benefits and access to care for individuals in this state with preexisting conditions;
(4)  issuing coverage in a manner that does not discriminate against individuals with preexisting conditions;
(5)  leveraging federal tax credits that may be available for private health benefit plans to the greatest extent possible to increase the affordability of health benefit plans;
(6)  ensuring transparency and coherence of costs and coverage to inform individuals shopping for health benefits;
(7)  reducing incidences of medical debt faced by individuals in this state and uncompensated care faced by providers in this state; and
(8)  ensuring equitable costs regardless of gender or prospects of pregnancy or childbirth.
Added by Acts 2021, 87th Leg., R.S., Ch. 1019 (H.B. 3752), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter M. Subsidiaries Authorized to Provide Health Benefit Coverage › Section 2054.604. Rules

Sec. 2054.604.  RULES.  Except with respect to alternative health benefit coverage as described by Section 2054.601 or a subsidiary of the company offering alternative health benefit coverage, the commissioner may adopt rules as necessary to implement this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1019 (H.B. 3752), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter M. Subsidiaries Authorized to Provide Health Benefit Coverage › Section 2054.605. Exemption From Other Insurance Laws

Sec. 2054.605.  EXEMPTION FROM OTHER INSURANCE LAWS.  A provision of this code, other than this chapter, does not apply to alternative health benefit coverage as described by Section 2054.601 unless alternative health benefit coverage is expressly mentioned in the other law.
Added by Acts 2021, 87th Leg., R.S., Ch. 1019 (H.B. 3752), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter M. Subsidiaries Authorized to Provide Health Benefit Coverage › Section 2054.606. Subsidiary Not Engaged in Business of Insurance

Sec. 2054.606.  SUBSIDIARY NOT ENGAGED IN BUSINESS OF INSURANCE.  Notwithstanding any other provision of this code, for the purposes of offering alternative health benefit coverage as described by Section 2054.601, a subsidiary of the company that acts in accordance with this subchapter is not an insurer and is not engaging in the business of insurance in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 1019 (H.B. 3752), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter M. Subsidiaries Authorized to Provide Health Benefit Coverage › Section 2054.607. Risk Transfer or Coverage

Sec. 2054.607.  RISK TRANSFER OR COVERAGE.  A subsidiary of the company that offers health benefit coverage under this subchapter may contract with an outside company authorized to engage in the business of insurance in this state that is not under common control with the company or the subsidiary to:
(1)  transfer to the outside company all or a portion of the subsidiary's risks arising from health benefit coverage offered under this subchapter; or
(2)  obtain insurance coverage from the outside company guarantying the subsidiary's obligations arising from health benefit coverage offered under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1019 (H.B. 3752), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.001. Definition

Sec. 2055.001.  DEFINITION.  In this chapter, "business entity" means a business enterprise owned by a single person or a corporation, organization, business trust, trust, partnership, joint venture, association, or other business entity.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(b), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.001 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(b), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.002. Certification Program

Sec. 2055.002.  CERTIFICATION PROGRAM.  (a)  The department shall:
(1)  maintain a certification program for groups organized under this chapter; and
(2)  issue certificates of approval to eligible business entities authorizing formation and maintenance of a group.
(b)  The commissioner by rule shall adopt forms, criteria, and procedures for issuing certificates of approval to groups under this chapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 17, eff. April 1, 2007.
Redesignated from Labor Code, Section 406A.002 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(a)(2), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.002 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.003. Formation of Group

Sec. 2055.003.  FORMATION OF GROUP.  (a)  On receipt of a certificate of approval issued by the department under this chapter, two or more business entities or two or more members of a trade association may join together to form a group to purchase individual workers' compensation insurance policies covering each member of the group.
(b)  To be eligible to join a group, a business entity must:
(1)  be engaged in a business pursuit that is the same as or similar to the other business entities participating in the group as determined by the department; or
(2)  be a member of the same trade association as the other business entities participating in the group.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 17, eff. April 1, 2007.
Redesignated from Labor Code, Section 406A.003 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(a)(2), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.003 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.004. Plan of Operation

Sec. 2055.004.  PLAN OF OPERATION.  (a)  A group shall:
(1)  adopt a plan of operation; and
(2)  file a copy of the plan of operation with the department.
(b)  The plan of operation must include:
(1)  provisions governing the composition and selection of a governing board;
(2)  the methods for administering the group; and
(3)  guidelines governing the workers' compensation insurance coverage obtained by the group that include provisions governing:
(A)  the payment of premiums;
(B)  the distribution of discounts; and
(C)  the methods for providing risk management.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 17, eff. April 1, 2007.
Redesignated from Labor Code, Section 406A.004 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(a)(2), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.004 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.005. Group Purchase Authorized

Sec. 2055.005.  GROUP PURCHASE AUTHORIZED.  A group certified under this chapter may purchase individual workers' compensation insurance policies covering each member of the group from any insurer authorized to write workers' compensation insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 17, eff. April 1, 2007.
Redesignated from Labor Code, Section 406A.005 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(a)(2), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.005 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.006. Policy Rates

Sec. 2055.006.  POLICY RATES.  Rates for policies purchased under this chapter must be computed using manual rules and rates.  The department shall determine any experience rating factor that must be applied to those policies as provided by the commissioner by rule.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 17, eff. April 1, 2007.
Redesignated from Labor Code, Section 406A.006 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(a)(2), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.006 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.007. Group Discount

Sec. 2055.007.  GROUP DISCOUNT.  (a)  A group that purchases a policy under this chapter is entitled to any premium or volume discount that would be applicable to a policy of the combined premium amount.
(b)  A group shall apportion any discount or policyholder dividend received on workers' compensation insurance coverage among the members of the group according to a formula adopted in the plan of operation for the group.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 17, eff. April 1, 2007.
Redesignated from Labor Code, Section 406A.007 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(a)(2), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.007 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2055 - Group Purchase of Workers' Compensation Insurance Coverage › Section 2055.008. Applicability of Other Law

Sec. 2055.008.  APPLICABILITY OF OTHER LAW.  (a)  A group established under this chapter is entitled to any deviation applicable under Section 2052.004, 2053.051, or 2053.052(a) or (b).
(b)  A member of a group is not subject to the discounts and surcharges established under Subchapter F, Chapter 2053.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.0591(c), eff. September 1, 2007.
Redesignated from Labor Code, Section 406A.008 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(a)(2), eff. September 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.0591(c), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle F - Other Coverage › Chapter 2101 - Coverage for Aircraft › Section 2101.001. Applicability of Chapter

Sec. 2101.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to aircraft hull and aircraft liability insurance.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle F - Other Coverage › Chapter 2101 - Coverage for Aircraft › Section 2101.002. Filing of Policy Forms and Endorsements May Be Required

Sec. 2101.002.  FILING OF POLICY FORMS AND ENDORSEMENTS MAY BE REQUIRED.  If the commissioner finds that a public need exists to regulate the insurance subject to this chapter, the commissioner by order may require each insurer issuing that insurance in this state to file with the department each policy form and endorsement the insurer uses to write the insurance.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle F - Other Coverage › Chapter 2101 - Coverage for Aircraft › Section 2101.003. Disapproval of Policy Form or Endorsement

Sec. 2101.003.  DISAPPROVAL OF POLICY FORM OR ENDORSEMENT.  (a)  The commissioner may disapprove the use of a policy form or endorsement filed under this chapter.
(b)  After the commissioner disapproves a policy form or endorsement, an insurer may not use the form or endorsement.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle F - Other Coverage › Chapter 2101 - Coverage for Aircraft › Section 2101.004. Certain Contracts or Other Agreements Void

Sec. 2101.004.  CERTAIN CONTRACTS OR OTHER AGREEMENTS VOID.  (a)  A contract or other agreement is void if the contract or agreement is not written into:
(1)  the application for an insurance policy subject to this chapter; or
(2)  the policy.
(b)  A contract or other agreement that is void under Subsection (a) is:
(1)  a violation of this chapter; and
(2)  sufficient cause to revoke the insurer's certificate of authority to write aircraft insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle F - Other Coverage › Chapter 2101 - Coverage for Aircraft › Section 2101.005. Rules

Sec. 2101.005.  RULES.  When the commissioner acts under this chapter, the commissioner may adopt any rules that are necessary to carry out the provisions of this chapter or Chapter 251 or 256.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter A. General Provisions › Section 2151.001. Definitions

Sec. 2151.001.  DEFINITIONS.  In this chapter:
(1)  "Association" means the Texas Automobile Insurance Plan Association.
(2)  "Authorized insurer" means an insurer authorized by the department to write automobile liability coverage under this title.  The term includes a county mutual insurance company organized under Chapter 912.
(3)  "Insurance" means an insurance policy that meets the requirements of Chapter 601, Transportation Code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 312 (S.B. 1554), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter B. Texas Automobile Insurance Plan Association › Section 2151.051. Nature and Composition of Association

Sec. 2151.051.  NATURE AND COMPOSITION OF ASSOCIATION.  (a)  The Texas Automobile Insurance Plan Association is a nonprofit corporate body composed of all authorized insurers.
(b)  Each authorized insurer must be a member of the association as a condition of the insurer's authority to write automobile liability insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter B. Texas Automobile Insurance Plan Association › Section 2151.052. Authority of Governing Committee

Sec. 2151.052.  AUTHORITY OF GOVERNING COMMITTEE.  The association is administered by a governing committee under a plan of operation.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter B. Texas Automobile Insurance Plan Association › Section 2151.053. Membership of Governing Committee

Sec. 2151.053.  MEMBERSHIP OF GOVERNING COMMITTEE.  The governing committee is composed of 15 members selected as follows:
(1)  eight members who represent the interests of insurers, elected by the association members according to a method the members determine;
(2)  five public members, nominated by the office of public insurance counsel and selected by the commissioner; and
(3)  two members who are general or personal lines  property and casualty agents, as required by the plan of operation.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.13, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter B. Texas Automobile Insurance Plan Association › Section 2151.054. Eligibility to Serve as Insurer Representative

Sec. 2151.054.  ELIGIBILITY TO SERVE AS INSURER REPRESENTATIVE.  To be eligible to serve on the governing committee as a representative of insurers, an individual must be a full-time employee of an authorized insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter B. Texas Automobile Insurance Plan Association › Section 2151.055. Ineligibility to Serve as Public Member

Sec. 2151.055.  INELIGIBILITY TO SERVE AS PUBLIC MEMBER.  An individual may not serve on the governing committee as a public member if the individual, another individual related to that individual within the second degree by consanguinity or affinity, or another individual residing in the same household with that individual:
(1)  is required to be registered or licensed under this code or another insurance law of this state;
(2)  is employed by or acts as a consultant to a person required to be registered or licensed or required to hold a certificate of authority under this code or another insurance law of this state;
(3)  is the owner of, has a financial interest in, or participates in the management of an organization required to be registered or licensed or required to hold a certificate of authority under this code or another insurance law of this state;
(4)  is an officer, employer, or consultant of an association in the field of insurance; or
(5)  is required to register as a lobbyist under Chapter 305, Government Code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter B. Texas Automobile Insurance Plan Association › Section 2151.056. Immunity From Liability

Sec. 2151.056.  IMMUNITY FROM LIABILITY.  (a)  The association, a member of the governing committee, or an employee of the association is not personally liable for:
(1)  an act performed in good faith within the scope of the person's authority as determined under this chapter or the plan of operation; or
(2)  damages occasioned by the person's official act or omission except an act or omission that is corrupt or malicious.
(b)  The association shall provide counsel to defend an action brought against a member of the governing committee or an employee because of the person's official act or omission regardless of whether the person has terminated service with the association when the action is instituted.
(c)  This section is cumulative of and does not affect or modify a common law or statutory privilege or immunity.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter B. Texas Automobile Insurance Plan Association › Section 2151.057. Committee Meetings by Telephone and Videoconference

Sec. 2151.057.  COMMITTEE MEETINGS BY TELEPHONE AND VIDEOCONFERENCE.  (a)  Chapter 551, Government Code, applies to a meeting of the governing committee.
(b)  Notwithstanding Chapter 551, Government Code, or any other law, the governing committee may meet by telephone conference call, videoconference, or other similar telecommunication method for any meeting purpose, including conducting a vote or establishing a quorum, regardless of the subject matter discussed or considered.
(c)  A meeting authorized by this section is subject to the notice requirements that apply to other meetings of the governing committee under Chapter 551, Government Code.
(d)  The notice of a meeting authorized by this section must:
(1)  specify that the location of the meeting is a location at which at least one member of the governing committee is physically present; and
(2)  state clear instructions and requirements for electronic attendance by a member of the committee.
(e)  Each part of a meeting authorized by this section must be audible to the public at the location specified by Subsection (d).
(f)  Two-way audio communication must be available during the entire meeting between all members of the governing committee attending a meeting authorized by this section, and if the two-way audio communication is disrupted so that a quorum of the committee is no longer participating in the meeting, the meeting may not continue until the two-way audio communication is reestablished.
Added by Acts 2013, 83rd Leg., R.S., Ch. 95 (S.B. 733), Sec. 2, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter C. Powers and Duties of Association › Section 2151.101. Powers of Nonprofit Corporation

Sec. 2151.101.  POWERS OF NONPROFIT CORPORATION.  (a)  The association has the powers granted to a nonprofit corporation under the Business Organizations Code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter C. Powers and Duties of Association › Section 2151.102. Assignment of Insurance; Eligibility

Sec. 2151.102.  ASSIGNMENT OF INSURANCE; ELIGIBILITY.  (a)  The association shall provide for the assignment of insurance to an authorized insurer for a person required by Chapter 601, Transportation Code, to show proof of financial responsibility for the future.
(b)  An applicant is not eligible for insurance through the association unless the applicant and the servicing agent certify as part of the application to the association that the applicant has been rejected for insurance by at least two insurers that are authorized to engage in business in this state and that are writing automobile insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter C. Powers and Duties of Association › Section 2151.103. Assessments

Sec. 2151.103.  ASSESSMENTS.  (a)  The association may assess authorized insurers to provide money to operate the association.
(b)  The amount assessed against an authorized insurer must be in proportion to the insurer's writing of automobile liability insurance in this state.
(c)  The association may bring an action to collect an assessment against an authorized insurer that does not pay the assessment within a reasonable time.  In addition, the association may report to the commissioner an authorized insurer's failure to pay the assessment to the association.  The commissioner may institute a disciplinary action against the insurer under Chapter 82.
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. 95 (S.B. 733), Sec. 1, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter D. Plan of Operation › Section 2151.151. Contents of Plan of Operation; Amendments

Sec. 2151.151.  CONTENTS OF PLAN OF OPERATION; AMENDMENTS.  (a)  The plan of operation must:
(1)  provide for the efficient, economical, fair, and nondiscriminatory administration of the association; and
(2)  provide a means by which insurance may be provided in accordance with Section 2151.102(a).
(b)  Subject to the commissioner's approval, the governing committee may amend the plan of operation.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter D. Plan of Operation › Section 2151.152. Corrective Action to Plan of Operation

Sec. 2151.152.  CORRECTIVE ACTION TO PLAN OF OPERATION.  If the commissioner at any time believes that any part of the plan of operation is inconsistent with the purposes of Chapter 601, Transportation Code, the commissioner shall notify the governing committee in writing so that the governing committee may take corrective action.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter D. Plan of Operation › Section 2151.153. Incentive Programs

Sec. 2151.153.  INCENTIVE PROGRAMS.  (a)  The plan of operation must include an incentive program to target underserved geographic areas, which the commissioner by rule shall designate.  In designating underserved areas, the commissioner shall consider with respect to an area:
(1)  the availability of insurance;
(2)  the number of uninsured drivers;
(3)  the number of drivers insured through the association; and
(4)  any other relevant factor.
(b)  The plan of operation may include other incentive programs to encourage authorized insurers to write insurance on a voluntary basis and to minimize the use of the association as a means to obtain insurance.
(c)  The incentive programs are effective on the commissioner's approval.
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. 95 (S.B. 733), Sec. 3, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter D. Plan of Operation › Section 2151.154. Assignment Distribution Plan

Sec. 2151.154.  ASSIGNMENT DISTRIBUTION PLAN.  (a)  The plan of operation must include a voluntary, competitive limited assignment distribution plan that allows an authorized insurer to contract directly with a servicing carrier to accept assignments to the servicing carrier by the association.
(b)  A servicing carrier must be authorized to write automobile insurance in this state and must:
(1)  have written automobile liability insurance in this state for at least five years; or
(2)  be currently engaged as a servicing carrier for assigned risk automobile business in at least one other state.
(c)  After notice and hearing, the commissioner may prohibit an insurer from acting as a servicing carrier.
(d)  An authorized insurer and a servicing carrier shall determine through negotiation the terms of a contract described by this section, including the buy-out fee.
(e)  The governing committee may:
(1)  adopt reasonable rules for the conduct of business under a contract described by this section; and
(2)  establish reasonable standards of eligibility for servicing carriers.
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.058, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.058, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.201. Rate Standards

Sec. 2151.201.  RATE STANDARDS.  Rates for insurance provided under this chapter must be:
(1)  just, reasonable, adequate, not excessive, not confiscatory, and not unfairly discriminatory for the risks to which the rates apply; and
(2)  sufficient to carry all claims to maturity and meet the expenses incurred in the writing and servicing of the business.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.202. Rate Filings

Sec. 2151.202.  RATE FILINGS.  (a)  The association shall file with the department rates to be charged for insurance provided through the association for approval by the commissioner.
(b)  The association may not file rates under this section more than once in any 12-month period.
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. 95 (S.B. 733), Sec. 4, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.2021. File and Use

Sec. 2151.2021.  FILE AND USE.  The association may use a rate, excluding a rate described by Section 2151.2041, on the later of the date specified by the association in the filing or the date the rate is approved or considered approved under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 95 (S.B. 733), Sec. 5, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.2022. Commissioner Action on Certain Rate Filings

Sec. 2151.2022.  COMMISSIONER ACTION ON CERTAIN RATE FILINGS.  (a)  Not later than the 30th day after the date the association files a rate, excluding a rate described by Section 2151.2041, the commissioner shall:
(1)  approve the rate if the commissioner determines that the rate meets the standards under Section 2151.201; or
(2)  disapprove the rate if the commissioner determines that the rate does not meet the standards under Section 2151.201.
(b)  If the commissioner fails to act as required under Subsection (a) on or before the 30th day after the date the rate is filed, the rate is considered approved on the 31st day after the date of filing unless the approval period is extended under Subsection (c).
(c)  The commissioner may extend the approval period under Subsection (a) for one additional period not to exceed 30 days.  The commissioner and the association may agree to extend the approval period for additional periods not to exceed 30 days.  If the commissioner does not affirmatively approve or disapprove the rate before the extended period expires, the rate is considered approved on the day after the date the extended period expires.
Added by Acts 2013, 83rd Leg., R.S., Ch. 95 (S.B. 733), Sec. 5, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.2023. Notice of Rate Approval or Disapproval

Sec. 2151.2023.  NOTICE OF RATE APPROVAL OR DISAPPROVAL.  The commissioner shall give written notice by first class mail or electronic mail to the association of the approval or disapproval by the commissioner of the rate filed under Section 2151.202 or that the rate is considered approved under Section 2151.2022.
Added by Acts 2013, 83rd Leg., R.S., Ch. 95 (S.B. 733), Sec. 5, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.203. Recording and Reporting of Premium, Loss, and Expense Experience

Sec. 2151.203.  RECORDING AND REPORTING OF PREMIUM, LOSS, AND EXPENSE EXPERIENCE.  (a)  The commissioner shall adopt reasonable rules and statistical plans for the recording and reporting of premium, loss, and expense experience and other required data by each authorized insurer.  The premium, loss, and expense experience must be reported separately for business assigned to the insurer.
(b)  Each authorized insurer shall use the statistical plans adopted under this section to record and report premium, loss, and expense experience and other required data in accordance with the rules adopted by the commissioner.
(c)  In approving rates under this subchapter, the commissioner shall consider the reports collected under the statistical plan regarding aggregated premiums earned and losses and expenses incurred in the writing of automobile insurance through the association.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.204. Notice of Filing

Sec. 2151.204.  NOTICE OF FILING.  (a)  The department shall file with the secretary of state for publication in the Texas Register notice that a filing has been made under Section 2151.202 not later than the seventh day after the date the filing is received by the department.
(b)  The notice must include information relating to:
(1)  the availability of the filing for public inspection at the department during regular business hours;
(2)  the procedures for obtaining copies of the filing;
(3)  procedures for making written comments related to the filing; and
(4)  the time, place, and date of the hearing scheduled under Section 2151.206.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.2041. Hearing on Certain Rate Filings

Sec. 2151.2041.  HEARING ON CERTAIN RATE FILINGS.  If the association files a rate under Section 2151.202 that exceeds 105 percent of the current average rate for each coverage written through the association on the date of the filing, the commissioner shall conduct a hearing under Section 2151.206.
Added by Acts 2013, 83rd Leg., R.S., Ch. 95 (S.B. 733), Sec. 6, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.205. Opportunity to Review Filing

Sec. 2151.205.  OPPORTUNITY TO REVIEW FILING.  Before approving, disapproving, or modifying a filing described by Section 2151.2041, the commissioner must provide to all interested persons a reasonable opportunity to:
(1)  review the filing;
(2)  obtain a copy of the filing on payment of any legally required copying cost; and
(3)  submit to the commissioner written comments, analyses, or information related to the filing.
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. 95 (S.B. 733), Sec. 7, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.206. Hearing on Filing

Sec. 2151.206.  HEARING ON FILING.  (a)  Not later than the 45th day after the date the department receives a filing described by Section 2151.2041, the commissioner shall schedule a hearing at which interested persons may present written or oral comments relating to the filing.
(b)  The association, the public insurance counsel, and any other interested person or entity that submits proposed changes or actuarial analyses may ask questions of any person testifying at the hearing.
(c)  A hearing held under this section is not a contested case hearing under Chapter 2001, Government Code.
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. 95 (S.B. 733), Sec. 8, eff. May 18, 2013.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.207. Action of Commissioner on Filing

Sec. 2151.207.  ACTION OF COMMISSIONER ON FILING.  (a)  After the conclusion of the hearing under Section 2151.206, the commissioner shall approve, disapprove, or modify the filing in writing.
(b)  If the commissioner disapproves a filing, the commissioner shall state in writing the reasons for the disapproval and the criteria to be met by the association to obtain approval.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Sec. 2151.208.  AMENDED FILING.  The association may file with the commissioner an amended filing to comply with the commissioner's comments not later than the 10th day after the date the association receives the commissioner's written disapproval under Section 2151.2023 or 2151.207.
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. 95 (S.B. 733), Sec. 9, eff. May 18, 2013.
Sec. 2151.209.  OPPORTUNITY TO REVIEW AMENDED FILING.  Before approving or disapproving an amended filing, the commissioner must provide to all interested persons a reasonable opportunity, in the same manner an opportunity is provided under Section 2151.205, to:
(1)  review the amended filing;
(2)  obtain a copy of the amended filing on payment of any legally required copying cost; and
(3)  submit to the commissioner written comments or information related to the amended filing.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Sec. 2151.210.  HEARING ON AMENDED FILING.  (a)  The commissioner may hold a hearing in the manner provided by Section 2151.206 not later than the 20th day after the date the department receives an amended filing.
(b)  Not later than the 10th day after the date the hearing on the amended filing is concluded, the commissioner shall approve or disapprove the amended filing.
(c)  Not later than the 30th day after the date the amended filing is received by the department, the commissioner shall disapprove the amended filing or the filing is considered approved.
(d)  The requirements provided under Sections 2151.204 and 2151.207 apply to a hearing conducted under this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.211. Appeal

Sec. 2151.211.  APPEAL.  (a)  A person aggrieved by a decision of the commissioner under this subchapter may appeal the decision not later than the 30th day after the date of the decision.
(b)  An appeal of a commissioner's decision under this subchapter must be made in accordance with Subchapter D, Chapter 36.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2151 - Texas Automobile Insurance Plan Association › Subchapter E. Rates for Insurance; Hearing › Section 2151.212. Hearings by Department

Sec. 2151.212.  HEARINGS BY DEPARTMENT.  Subchapter B, Chapter 40, does not apply to this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2152 - Group Insurance in Underserved Areas › Section 2152.001. Definition

Sec. 2152.001.  DEFINITION.  In this chapter, "residential property insurance" means insurance against loss to real or tangible personal property at a fixed location that is provided through a homeowners policy, residential fire and allied lines policy, or farm and ranch owners policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2152 - Group Insurance in Underserved Areas › Section 2152.002. Designation of Underserved Areas

Sec. 2152.002.  DESIGNATION OF UNDERSERVED AREAS.  (a)  The commissioner by rule may designate an area as an underserved area for personal automobile insurance or residential property insurance.
(b)  In determining which areas to designate as underserved, the commissioner shall consider:
(1)  whether the insurance described by Subsection (a) is not reasonably available to a substantial number of insurable risks and the availability of insurance in general; and
(2)  any other relevant factor as determined by the commissioner.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2152 - Group Insurance in Underserved Areas › Section 2152.003. Authorization for Issuance of Group Insurance in Underserved Area

Sec. 2152.003.  AUTHORIZATION FOR ISSUANCE OF GROUP INSURANCE IN UNDERSERVED AREA.  An insurer authorized to write property or casualty insurance in this state, including a Lloyd's plan and a reciprocal or interinsurance exchange, that writes personal automobile insurance or residential property insurance in this state may write the personal automobile insurance or residential property insurance on a group basis in an underserved area designated by the commissioner.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2152 - Group Insurance in Underserved Areas › Section 2152.004. Exclusion of Certain Coverage

Sec. 2152.004.  EXCLUSION OF CERTAIN COVERAGE.  Group insurance provided under this chapter may not include 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.