reglab/statecodes huggingface dataset:
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 2152.005. Formation of Group

Sec. 2152.005.  FORMATION OF GROUP.  A group may be formed solely to purchase insurance subject to this chapter.
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 2152.006. Rates

Sec. 2152.006.  RATES.  Rates for coverage provided under this chapter are subject to the applicable statutes relating to the insurers providing the coverage.
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 2152.007. Policy Forms and Certificates

Sec. 2152.007.  POLICY FORMS AND CERTIFICATES.  The commissioner shall adopt policy forms and certificates for use in underserved areas designated by the commissioner under this chapter.
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 2152.008. Rules

Sec. 2152.008.  RULES.  In addition to other rules adopted under this chapter, the commissioner may adopt any rules that are appropriate and necessary to implement this chapter.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter A. General Provisions › Section 2153.001. Definitions

Sec. 2153.001.  DEFINITIONS.  In this chapter:
(1)  "Group automobile insurance" means automobile insurance that:
(A)  covers individuals who are over 55 years of age; and
(B)  is offered under a group marketing plan.
(2)  "Group marketing" means the marketing of group automobile insurance to an eligible group under Section 2153.052.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter A. General Provisions › Section 2153.002. Applicability of Certain Provisions

Sec. 2153.002.  APPLICABILITY OF CERTAIN PROVISIONS.  Sections 4001.051 and 4001.053 do not apply to a group participating in a group marketing plan under this chapter.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter A. General Provisions › Section 2153.003. Rules

Sec. 2153.003.  RULES.  The commissioner may adopt any rules necessary to carry out the provisions of this chapter.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.051. Authorization for Issuance of Group Automobile Insurance

Sec. 2153.051.  AUTHORIZATION FOR ISSUANCE OF GROUP AUTOMOBILE INSURANCE.  An insurer may issue group automobile insurance in this state if the conditions of Sections 2153.054(b), 2153.055-2153.059, and 2153.103 are met.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.052. Eligibility of Group

Sec. 2153.052.  ELIGIBILITY OF GROUP.  (a)  To be eligible for group marketing, a group must:
(1)  have existed for at least six months before the date the group automobile insurance is purchased; and
(2)  be organized for a purpose other than to become an insurance group under this chapter.
(b)  The group may include any group that is actuarially credible for underwriting purposes.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.053. Eligibility of Group Member

Sec. 2153.053.  ELIGIBILITY OF GROUP MEMBER.  A member of a group described by Section 2153.052 is eligible to participate in a group marketing plan if the member is:
(1)  in good standing with the group;
(2)  over 55 years of age; and
(3)  authorized to operate a motor vehicle 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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.054. Guaranteed Issue

Sec. 2153.054.  GUARANTEED ISSUE.  (a)  An insurer shall issue group automobile insurance:
(1)  on a guaranteed basis under a single insurance   program; and
(2)  without individual underwriting selection or  individual proof of insurability.
(b)  An  insurer that issues group automobile insurance and the insured group shall accept for participation in the group marketing plan any member of the group who is eligible under Section 2153.053 and who wants to participate.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.055. Insurer Qualifications

Sec. 2153.055.  INSURER QUALIFICATIONS.  To qualify to write group automobile insurance, an insurer:
(1)  must be authorized to engage in the business of automobile insurance in this state;
(2)  must also be engaged in the business of writing automobile insurance for independent individual risks; and
(3)  may not be organized solely to provide group automobile 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 G - Pools, Groups, Plans, and Self-Insurance › Chapter 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.056. Vehicles Covered

Sec. 2153.056.  VEHICLES COVERED.  A group marketing plan must provide that a motor vehicle is eligible for group automobile insurance coverage only if the vehicle is owned by a group member or the member's spouse jointly or severally.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.057. Individual Policies

Sec. 2153.057.  INDIVIDUAL POLICIES.  An insurer shall issue an individual policy to each participating group member.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.058. Group Payment of Premiums

Sec. 2153.058.  GROUP PAYMENT OF PREMIUMS.  An insurer shall provide group automobile insurance under an agreement under which the group periodically pays the premiums on the policies to the 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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter B. Conditions for Issuance of Group Automobile Insurance › Section 2153.059. Limitations on Canceling Insurance

Sec. 2153.059.  LIMITATIONS ON CANCELING INSURANCE.  (a)  An insurer may not cancel the insurance of a group member unless:
(1)  the member fails to pay the premiums; or
(2)  the insurance for the entire group is canceled.
(b)  An insurer that cancels insurance under Subsection (a) shall provide to each group member whose insurance is canceled the same notice of cancellation the insurer provides for cancellation of individual automobile insurance policies.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter C. Records, Rates, and Forms › Section 2153.101. Maintenance of Records

Sec. 2153.101.  MAINTENANCE OF RECORDS.  An insurer that writes insurance under a group marketing plan shall maintain separate experience data on the group marketing plan business, including complete records of premium income, losses, and expenses, so that the experience may be fairly ascertained.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter C. Records, Rates, and Forms › Section 2153.102. Rates

Sec. 2153.102.  RATES.  Rates for group automobile insurance are determined in the manner provided by Chapter 2251 and Article 5.13-2, to the extent that those laws apply.
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 2153 - Group Marketing of Automobile Insurance for Persons Over 55 Years of Age › Subchapter C. Records, Rates, and Forms › Section 2153.103. Policy Forms

Sec. 2153.103.  POLICY FORMS.  An insurer that writes group automobile insurance shall use policy forms:
(1)  prescribed by the commissioner and authorized for use by Section 2301.052(b); or
(2)  filed and in effect as provided by Section 2301.052(a).
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 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.001. Definitions

Sec. 2154.001.  DEFINITIONS.  In this chapter:
(1)  "Fund" means the volunteer fire department self-insurance fund established under Section 2154.005.
(2)  "Program" means the volunteer fire department motor vehicle self-insurance program administered under this chapter.
(3)  "Service" means the Texas Forest Service of The Texas A&M University System.
(4)  "Volunteer fire department" means a fire department operated by the fire department's members on a not-for-profit basis.  The term includes a fire department that is exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization in Section 501(c)(3) of that 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 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.002. Motor Vehicle Self-Insurance Program

Sec. 2154.002.  MOTOR VEHICLE SELF-INSURANCE PROGRAM.  (a)  The service shall administer a volunteer fire department self-insurance program that:
(1)  identifies and evaluates risks arising from the use of motor vehicles by volunteer fire departments;
(2)  maintains a loss-prevention and loss-control program to reduce risks arising from the use of motor vehicles by volunteer fire departments;
(3)  consolidates and administers volunteer fire department risk management and self-insurance programs; and
(4)  provides motor vehicle self-insurance coverage in accordance with Section 2154.003.
(b)  The service may employ staff to administer the program.
(c)  The director of the service may adopt rules to implement and administer the program.
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 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.003. Self-Insurance Pool; Coverage

Sec. 2154.003.  SELF-INSURANCE POOL; COVERAGE.  (a)  The program shall administer a self-insurance pool to provide coverage for motor vehicles a volunteer fire department uses for fire fighting.
(b)  The coverage may indemnify an official, employee, member, or volunteer of a volunteer fire department for liability arising from the use of a covered motor vehicle in performing the person's fire-fighting duties.  The maximum limits of coverage are:
(1)  for bodily injury or death:
(A)  $100,000 for each person; and
(B)  $300,000 for each single occurrence; and
(2)  for injury to or destruction of property, $100,000 for each single occurrence.
(c)  Self-insurance coverage provided under this section may be funded only from money available from the fund.
(d)  The director of the service may establish:
(1)  eligibility requirements for participation in coverage under this section; and
(2)  equipment and safety standards for the motor vehicles to be covered under this section.
(e)  Coverage limits of self-insurance provided under this section must be based on the liquidity of the fund after deducting the cost of administering this chapter.
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 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.004. Participation in Self-Insurance Pool

Sec. 2154.004.  PARTICIPATION IN SELF-INSURANCE POOL.  (a)  To participate in coverage provided under Section 2154.003, a volunteer fire department must submit a written request to the program.
(b)  The director of the program shall approve the request for participation if each motor vehicle to be covered meets the eligibility requirements and equipment and safety standards established under Section 2154.003(d).
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 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.005. Volunteer Fire Department Self-Insurance Fund

Sec. 2154.005.  VOLUNTEER FIRE DEPARTMENT SELF-INSURANCE FUND.  (a)  The fund is an account in a depository selected by the board of regents of The Texas A&M University System in the manner provided by Section 51.003, Education Code, for funds subject to the control of institutions of higher education under Section 51.002, Education Code.
(b)  The fund is composed of:
(1)  money collected under Section 2154.007; and
(2)  interest accruing on money in the fund.
(c)  Money in the fund may be spent only for:
(1)  funding self-insurance under the program; or
(2)  administering this chapter, including paying the salaries and expenses of staff for the program and the fund.
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.059(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.059(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.006. Limitation on State's Liability

Sec. 2154.006.  LIMITATION ON STATE'S LIABILITY.  The state's liability for a loss covered by self-insurance provided under this chapter is limited to the assets of the fund, and the state is not otherwise liable for that loss.
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 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.007. Self-Insurance Fee

Sec. 2154.007.  SELF-INSURANCE FEE.  (a)  The service may assess and collect a reasonable fee from participating volunteer fire departments to provide self-insurance coverage under this chapter. In establishing the amount of the fee, the service shall consider the amount that could be charged to the volunteer fire department for similar insurance coverage provided to that department in accordance with this code.
(b)  Fees collected under this section shall be deposited to the credit of the fund.
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 2154 - Volunteer Fire Department Motor Vehicle Self-Insurance Program › Section 2154.008. Legal Representation

Sec. 2154.008.  LEGAL REPRESENTATION.  (a)  The service may employ an attorney to represent a volunteer fire department or an official, employee, member, or volunteer of a volunteer fire department in a liability action for which insurance coverage is provided under this chapter.
(b)  The attorney general may not provide the services described by Subsection (a).
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 2171 - Commercial Group Property Insurance › Section 2171.001. Definition

Sec. 2171.001.  DEFINITION.  In this chapter, "large risk" means an insured described by Section 2301.004.
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 2171 - Commercial Group Property Insurance › Section 2171.002. Authorization for Issuance

Sec. 2171.002.  AUTHORIZATION FOR ISSUANCE.  An insurer may write commercial group property insurance for:
(1)  a group of businesses that constitutes a large risk if the members of the group have clearly identifiable underwriting characteristics; or
(2)  an association that constitutes a large risk if the members of the association are engaged in similar undertakings.
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 2171 - Commercial Group Property Insurance › Section 2171.003. Policy Form Filings

Sec. 2171.003.  POLICY FORM FILINGS.  (a)  An insurer shall file a policy form with the commissioner before using the form for a group of businesses or an association described by Section 2171.002 in which each member of the group or association is not a large risk.
(b)  A filing made under this section is for informational purposes only.
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 2171 - Commercial Group Property Insurance › Section 2171.004. Rate Filings

Sec. 2171.004.  RATE FILINGS.  An insurer shall file with the commissioner in accordance with Chapter 2251 the following information for commercial group property insurance written under this chapter in this state:
(1)  rates;
(2)  supplementary rating information; and
(3)  pertinent supporting information.
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 2171 - Commercial Group Property Insurance › Section 2171.005. Identification of Insured Required

Sec. 2171.005.  IDENTIFICATION OF INSURED REQUIRED.  An insurer filing a policy form under Section 2171.003 or rates and related information under Section 2171.004 shall clearly identify the group of businesses or the association to be insured.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter A. General Provisions › Section 2201.001. Purpose of Chapter

Sec. 2201.001.  PURPOSE OF CHAPTER.  The purpose of this chapter is to:
(1)  regulate the formation and operation of risk retention groups and purchasing groups in this state formed under:
(A)  the Product Liability Risk Retention Act of 1981 (15 U.S.C. Section 3901 et seq.); or
(B)  the Liability Risk Retention Act of 1986 (15 U.S.C. Section 3901 et seq.); and
(2)  protect the public by the appropriate regulation of groups described by Subdivision (1) to the extent permitted by law.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter A. General Provisions › Section 2201.002. General Definitions

Sec. 2201.002.  GENERAL DEFINITIONS.  In this chapter:
(1)  "Agent" includes the terms "agent" and "broker" as used in the Liability Risk Retention Act of 1986 (15 U.S.C. Section 3901 et seq.).
(2)  "Hazardous financial condition" means a condition in which a risk retention group, based on the group's present or reasonably anticipated financial condition and although the group is not yet financially impaired or insolvent, is unlikely to be able to:
(A)  meet obligations to policyholders with respect to known claims and reasonably anticipated claims;  or
(B)  pay other obligations in the normal course of business.
(3)  "Insurance" means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for transferring and distributing risk that is determined to be insurance under the laws of this state.
(4)  "State" means any state of the United States or the District of Columbia.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter A. General Provisions › Section 2201.003. Liability Defined

Sec. 2201.003.  LIABILITY DEFINED.  (a)  In this chapter, except as provided by Subsection (b) or as otherwise provided by this chapter:
(1)  "Completed operations liability" means liability, including liability for activities that are completed or abandoned before the date of the occurrence giving rise to the liability, arising out of the installation, maintenance, or repair of any product at a site that is not owned or controlled by:
(A)  a person who performs that work; or
(B)  a person who hires an independent contractor to perform that work.
(2)  "Liability" means legal liability for damages, including costs of defense, legal costs, fees, and other claims expenses, incurred because of personal injury, property damage, or other damage or loss to another person resulting from or arising out of:
(A)  a product, trade, or business, regardless of whether the business operates for profit;
(B)  operations, premises, or services, including professional services; or
(C)  any activity of:
(i)  a state or local government; or
(ii)  an agency or political subdivision of a state or local government.
(3)  "Product liability" means liability for damages incurred because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damage resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of that person when the incident giving rise to the claim occurred.
(b)  In this chapter, "liability" does not include:
(1)  liability for damages incurred because of personal injury, property damage, or other damage or loss resulting from a personal, familial, or household activity or responsibility; or
(2)  an employer's liability with respect to the employer's employees other than legal liability under the Federal Employers' Liability Act (45 U.S.C. Section 51 et seq.).
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter A. General Provisions › Section 2201.004. Agent License Required

Sec. 2201.004.  AGENT LICENSE REQUIRED.  (a)  A person, firm, partnership, or corporation may not act or offer to act as an agent for, or aid in any manner in the solicitation, negotiation, or placement of insurance on behalf of, a risk retention group or purchasing group operating in this state or a group member in this state without first obtaining a license as an agent under:
(1)  Chapter 4051, if a resident of this state; or
(2)  Chapter 4056, if a nonresident of this state.
(b)  A person, firm, partnership, or corporation must comply with Chapter 981 before the person, firm, partnership, or corporation, on behalf of a purchasing group or a group member in this state:
(1)  acts or offers to act as an agent for an insurer not authorized to engage in business in this state; or
(2)  aids in any manner in the solicitation, negotiation, or placement of insurance with an insurer not authorized to engage in business 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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter A. General Provisions › Section 2201.005. Exemption From Certain Requirements

Sec. 2201.005.  EXEMPTION FROM CERTAIN REQUIREMENTS.  (a)  A provision of Chapter 981, 4055, or 4056 does not apply to an agent described by Subsection (b) if the provision:
(1)  requires residency in this state;
(2)  requires countersignatures;
(3)  prohibits the solicitation of insurance in this state by a nonresident or the payment of commissions to a nonresident; or
(4)  prohibits a nonresident from acting as a surplus or excess lines agent.
(b)  The exemption provided by Subsection (a) applies to an agent licensed under Chapter 981, 4055, or 4056 who is acting on behalf of a risk retention group or purchasing group operating in this state or a group member in this state in providing or placing liability insurance for risks located in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Sec. 2201.006.  AUTHORITY OF COMMISSIONER.  (a)  To enforce the laws of this state, the commissioner may use any authority provided by this code that is not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Liability Risk Retention Act of 1986 (15 U.S.C. Section 3901 et seq.), including the authority to investigate, issue a subpoena, conduct a deposition or hearing, issue an order, and impose a penalty.
(b)  The commissioner shall rely on the procedural laws and rules of this state with regard to an investigation, an administrative proceeding, or litigation.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter A. General Provisions › Section 2201.007. Annual Report to Commissioner

Sec. 2201.007.  ANNUAL REPORT TO COMMISSIONER.  An agent licensed as required by Section 2201.004 shall report to the commissioner not later than March 1 of each year the activities and scope of services being provided to a risk retention group or purchasing group.  The report must be made in accordance with rules adopted 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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter A. General Provisions › Section 2201.008. Rules

Sec. 2201.008.  RULES.  The commissioner may adopt rules relating to risk retention groups and purchasing groups that are necessary to carry out this chapter.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter B. Risk Retention Group Qualifications › Section 2201.051. General Qualifications of Risk Retention Group

Sec. 2201.051.  GENERAL QUALIFICATIONS OF RISK RETENTION GROUP.  A risk retention group must be a corporation or other limited liability association that:
(1)  is organized primarily to assume and spread, and engages primarily in assuming and spreading, all or any portion of the liability exposure of the group's members; and
(2)  otherwise meets the qualifications of 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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter B. Risk Retention Group Qualifications › Section 2201.052. Name of Group

Sec. 2201.052.  NAME OF GROUP.  A risk retention group must include in its name the phrase "risk retention group."
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter B. Risk Retention Group Qualifications › Section 2201.053. Status as Liability Insurer Required

Sec. 2201.053.  STATUS AS LIABILITY INSURER REQUIRED.  A corporation or other limited liability association must be chartered and authorized to engage in the business of insurance as a liability insurer under the laws of any state to act as a risk retention group.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter B. Risk Retention Group Qualifications › Section 2201.054. Qualifications Regarding Authority of Certain Entities to Engage in Business

Sec. 2201.054.  QUALIFICATIONS REGARDING AUTHORITY OF CERTAIN ENTITIES TO ENGAGE IN BUSINESS.  (a)  In this section, "completed operations liability" and "product liability" have the meanings assigned by the Product Liability Risk Retention Act of 1981 (15 U.S.C. Section 3901 et seq.) before the effective date of the Liability Risk Retention Act of 1986 (15 U.S.C. Section 3901 et seq.).
(b)  Notwithstanding Section 2201.053, a corporation or other limited liability association may be considered a risk retention group if:
(1)  before January 1, 1985, the corporation or association:
(A)  was chartered and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands; and
(B)  had certified to the commissioner, director, or superintendent of insurance of at least one state that it satisfied the capitalization requirements of that state; and
(2)  since January 1, 1985, the corporation or association has been continuously engaged in business solely to continue to provide insurance to cover completed operations liability or product liability.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter B. Risk Retention Group Qualifications › Section 2201.055. Qualifications Regarding Membership

Sec. 2201.055.  QUALIFICATIONS REGARDING MEMBERSHIP.  (a)  A risk retention group must be composed of members who are engaged in similar or related businesses or activities with respect to the liability to which those members are exposed by virtue of any related, similar, or common product, trade, business, operations, premises, or services.
(b)  A risk retention group must have:
(1)  as members, only persons who are provided insurance by the group; or
(2)  as the sole owner, an organization that has:
(A)  as members, only persons who comprise the membership of the group; and
(B)  as owners, only persons who comprise the membership of the group and are provided insurance by the group.
(c)  A risk retention group may not exclude a person from membership in the group solely to provide a competitive advantage for group members over that person.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter B. Risk Retention Group Qualifications › Section 2201.056. Authorized Activities

Sec. 2201.056.  AUTHORIZED ACTIVITIES.  (a)  A risk retention group may provide:
(1)  liability insurance for assuming and spreading all or any portion of the liability of the group's members; and
(2)  reinsurance with respect to the liability of another risk retention group, or a member of that group, engaged in businesses or activities that meet the requirements of Section 2201.055(a) for membership in the group providing reinsurance.
(b)  A risk retention group may not engage in activities that include providing insurance other than the insurance described by Subsection (a).
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter C. Risk Retention Groups › Section 2201.101. Eligibility Requirements

Sec. 2201.101.  ELIGIBILITY REQUIREMENTS.  Except as otherwise provided by this chapter, a risk retention group that applies to be chartered in this state must:
(1)  be chartered and authorized to engage in the business of insurance under Chapter 822, 861, 883, or 942; and
(2)  comply with all the laws, rules, and requirements, including Chapter 804, applicable to insurers authorized to engage in business under those chapters and with Subchapter D to the extent those requirements do not limit the laws, rules, or requirements of 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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter C. Risk Retention Groups › Section 2201.102. Charter Application

Sec. 2201.102.  CHARTER APPLICATION.  (a)  A risk retention group that applies to be chartered in this state shall provide to the commissioner with the application for charter the following in accordance with rules adopted by the commissioner:
(1)  the group's name;
(2)  the identity of the group's initial members;
(3)  the identity of the individuals who organized the group or who will provide administrative services or otherwise influence or control the group's activities;
(4)  the amount and nature of initial capitalization;
(5)  the coverages to be afforded;  and
(6)  the states in which the group intends to operate.
(b)  Immediately on receipt of an application for charter, the commissioner shall provide summary information concerning the filing, including the information provided under Subsection (a), to the National Association of Insurance Commissioners.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter C. Risk Retention Groups › Section 2201.103. Plan of Operation; Revisions

Sec. 2201.103.  PLAN OF OPERATION; REVISIONS.  (a)  Except as provided by Subsection (b), before a risk retention group chartered in this state may offer insurance in any state, the group must submit to the commissioner for approval a plan of operation as described by Section 2201.202.
(b)  A risk retention group is not required to submit a plan of operation under this section with respect to any kind or classification of liability insurance that:
(1)  was defined in the Product Liability Risk Retention Act of 1981 (15 U.S.C. Section 3901 et seq.), as that Act existed before October 27, 1986; and
(2)  was offered before October 27, 1986, by any risk retention group that had been chartered and operating for at least three years before that date.
(c)  The risk retention group must submit a revision of the group's plan of operation to the commissioner and the commissioner must approve the revision before the group:
(1)  offers an additional line of insurance in this state or in any other state; or
(2)  effects a change in the group's operations as described in 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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter C. Risk Retention Groups › Section 2201.104. Filing Fee

Sec. 2201.104.  FILING FEE.  (a)  In addition to all other fees imposed on an insurer chartered and authorized to engage in business under Chapter 822, 861, 883, or 942, a risk retention group chartered in this state shall pay a filing fee in an amount not to exceed $1,000 as set by rules adopted by the commissioner.
(b)  Fees collected under this section shall be deposited to the credit of the Texas Department of Insurance operating account to pay expenses incurred by the commissioner under Sections 2201.102 and 2201.103.
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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter D. Risk Retention Groups › Section 2201.151. Compliance Required

Sec. 2201.151.  COMPLIANCE REQUIRED.  A risk retention group chartered and authorized to engage in business in another state, Bermuda, or the Cayman Islands shall comply with this subchapter to engage in business as a risk retention group 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 2201 - Risk Retention Groups and Purchasing Groups › Subchapter D. Risk Retention Groups › Section 2201.152. Prerequisites to Offering Insurance

Sec. 2201.152.  PREREQUISITES TO OFFERING INSURANCE.  (a)  Before offering insurance in this state, a risk retention group not chartered in this state must submit to the commissioner:
(1)  a statement that:
(A)  identifies the state or states in which the group is chartered and authorized to engage in business as a liability insurer, the date of charter, and the group's principal place of business; and
(B)  provides any other information the commissioner requires to verify that the group qualifies as a risk retention group under Subchapter B, including information on the group's membership;
(2)  except as provided by Subsection (b), a copy of the group's plan of operation, as described by Section 2201.202, and revisions of that plan submitted to the state in which the group is chartered and authorized to engage in business; and
(3)  a statement of registration that designates the commissioner as the group's agent for the purpose of receiving service of legal documents or process as provided by Chapter 804.
(b)  A risk retention group is not required to submit a plan of operation under this section with respect to any line or classification of liability insurance that:
(1)  was defined in the Product Liability Risk Retention Act of 1981 (15 U.S.C. Section 3901 et seq.), as that Act existed before October 27, 1986; and
(2)  was offered before October 27, 1986, by any risk retention group that had been chartered and operating for at least three years before that date.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2201 - Risk Retention Groups and Purchasing Groups › Subchapter D. Risk Retention Groups › Section 2201.153. Requirements for Continuing Business

Sec. 2201.153.  REQUIREMENTS FOR CONTINUING BUSINESS.  (a)  A risk retention group not chartered in this state that engages in business in this state shall submit to the commissioner:
(1)  a copy of the group's financial statement submitted to the state in which the group is chartered and authorized to engage in business;
(2)  a copy of each examination of the group as certified by the commissioner, director, or superintendent of insurance of another state or other public official conducting the examination;
(3)  on the commissioner's request, a copy of any audit performed with respect to the group; and
(4)  any other information required to verify that the group continues to qualify as a risk retention group under Subchapter B.
(b)  A financial statement submitted under Subsection (a)(1) must:
(1)  be certified by an independent public accountant; and
(2)  contain a statement of opinion on loss and loss adjustment expense reserves made:
(A)  under criteria established by the National Association of Insurance Commissioners; and
(B)  by a member of the American Academy of Actuaries or a qualified loss reserve specialist.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2201 - Risk Retention Groups and Purchasing Groups › Subchapter D. Risk Retention Groups › Section 2201.154. Filing Fees

Sec. 2201.154.  FILING FEES.  (a)  The commissioner by rule shall impose a filing fee in an amount not to exceed $500 for filing the items described by Sections 2201.152(a)(1) and (2).
(b)  The commissioner by rule may impose a filing fee in an amount not to exceed $500 for filing the financial statement under Section 2201.153(a)(1).  A risk retention group shall provide to the comptroller all information the comptroller requests in connection with the reporting, collection, enforcement, and administration of the fee.
(c)  Fees collected under this section shall be deposited to the credit of the Texas Department of Insurance operating account.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle G - Pools, Groups, Plans, and Self-Insurance › Chapter 2201 - Risk Retention Groups and Purchasing Groups › Subchapter D. Risk Retention Groups › Section 2201.155. Payment of Taxes

Sec. 2201.155.  PAYMENT OF TAXES.  (a)  A risk retention group not chartered in this state is liable for the payment of premium and maintenance taxes and taxes on premiums of direct business for risks located in this state and shall report to the commissioner the net premiums written for risks located in this state.  The group is subject to taxation, and any fine or penalty related to that taxation, on the same basis as a foreign admitted insurer in accordance with Chapters 4, 201, 202, 203, 221, 222, 224, 227, 228, and 251-257.
(b)  A risk retention group shall provide to the comptroller all information the comptroller requests in connection with the reporting, collection, enforcement, and administration of taxes under this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2H.006, eff. April 1, 2009.