reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 961 - Nonprofit Legal Services Corporations › Subchapter G. Contracts With Attorneys › Section 961.307. Complaint Regarding Attorney

Sec. 961.307.  COMPLAINT REGARDING ATTORNEY.  If a nonprofit legal services corporation receives a complaint concerning the performance of an attorney connected with the corporation, the corporation shall refer the complaint to:
(1)  the supreme court of this state or a person that the supreme court designates to receive attorney grievances from the public, if the attorney is licensed by this state; or
(2)  the appropriate licensing agency of another jurisdiction where the attorney is licensed, if the attorney is not licensed by this state.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 643 (S.B. 1623), Sec. 14, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 961 - Nonprofit Legal Services Corporations › Subchapter I. Dissolution and Liquidation of Corporation › Section 961.402. Voluntary Dissolution

Sec. 961.402.  VOLUNTARY DISSOLUTION.  (a)  The board of directors of a nonprofit legal services corporation may vote to dissolve the corporation at any time.
(b)  In a dissolution under this section, the officers of the corporation shall settle all outstanding obligations to participants and otherwise dispose of the corporation's affairs.  After the officers have completed the corporation's liquidation, the corporation shall be dissolved as provided by:
(1)  the provisions relating to winding up and termination under Subchapter G, Chapter 22, Business Organizations Code; or
(2)  if the corporation was organized under the former Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), the provisions relating to voluntary dissolution under that former law.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 643 (S.B. 1623), Sec. 15, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter A. General Provisions › Section 962.001. General Definitions

Sec. 962.001.  GENERAL DEFINITIONS.  In this chapter:
(1)  "Insured" means an individual whose indemnification against income loss is provided because of the individual's membership in a company or association that offers a job protection insurance plan.
(2)  "Insurer" has the meaning assigned by Section 801.001.
(3)  "Person" means an individual, corporation, association, or other legal entity.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter A. General Provisions › Section 962.002. Job Protection Insurance Defined

Sec. 962.002.  JOB PROTECTION INSURANCE DEFINED.  (a)  In this chapter, "job protection insurance" means insurance providing indemnity that is:
(1)  paid for loss of position arising from discharge or suspension;
(2)  payable in installments that do not exceed the average monthly wage of the insured; and
(3)  provided to:
(A)  conductors, engineers, motormen, brakemen, switchmen, firemen, dispatchers, clerks, operators, trackmen, signalmen, and maintenance-of-way personnel of steam and electric railways; and
(B)  bus drivers and truck drivers employed by common carriers.
(b)  The term "job protection insurance" does not include a job benefit fund administered by and through a labor union only for the union's members.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter A. General Provisions › Section 962.003. Compliance With Chapter Required

Sec. 962.003.  COMPLIANCE WITH CHAPTER REQUIRED.  An insurer must comply with this chapter to write the insurance coverages authorized by Section 962.101.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter A. General Provisions › Section 962.004. Applicability of Other Law

Sec. 962.004.  APPLICABILITY OF OTHER LAW.  An insurer operating under this chapter is subject to the following provisions, if not in conflict with this chapter:
(1)  the other chapters of this code, including:
(A)  Chapter 221;
(B)  Chapter 281, other than any minimum capital and surplus requirements specified in that chapter;
(C)  Chapter 822, including Sections 822.203, 822.205, 822.210, and 822.212;
(D)  Chapter 861; and
(E)  Chapter 402; and
(2)  Section 171.0525, Tax Code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter A. General Provisions › Section 962.005. Agents

Sec. 962.005.  AGENTS.  Title 13 applies to the licensing and regulation of an agent authorized to solicit job protection insurance for an insurer operating under this chapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter B. Authority to Engage in Business › Section 962.051. Qualifications for Certificate of Authority

Sec. 962.051.  QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY.  An insurer may not be issued a certificate of authority to operate under this chapter unless:
(1)  it or a predecessor was writing the insurance coverages authorized by Section 962.101 on or before January 1, 1920, in at least one state; and
(2)  it had policyholders in this state on August 29, 1983, and provides proof of that fact to the department.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter B. Authority to Engage in Business › Section 962.052. Issuance of Certificate of Authority

Sec. 962.052.  ISSUANCE OF CERTIFICATE OF AUTHORITY.  (a)  The commissioner shall issue a certificate of authority to a domestic or foreign insurer that applies for a certificate if:
(1)  the applicant has:
(A)  complied with the requirements of this chapter and all other requirements imposed on the applicant by law; and
(B)  paid any deposit imposed by law; and
(2)  the operational history of the applicant indicates a condition such that the expanded operation of the applicant in this state or the applicant's operations outside this state will not create a condition that might be hazardous to the applicant's policyholders or creditors or to the public, when that operational history is reviewed in conjunction with:
(A)  the applicant's loss experience;
(B)  the kinds and nature of risks insured;
(C)  the financial condition of the applicant and the applicant's ownership;
(D)  the applicant's proposed method of operation;
(E)  the applicant's affiliations;
(F)  the applicant's investments;
(G)  any contracts leading to contingent liability or agreements relating to guaranty and surety, other than insurance; and
(H)  the ratio of the applicant's total annual premium and net investment income to commission expenses, general insurance expenses, policy benefits paid, and required policy reserve increases.
(b)  The commissioner shall file in the department's offices any documents delivered to the commissioner under this section.
(c)  The certificate of authority authorizes the insurer to engage in the kind or kinds of business in this state specified in the certificate.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter B. Authority to Engage in Business › Section 962.053. Compliance With State Law Required

Sec. 962.053.  COMPLIANCE WITH STATE LAW REQUIRED.  A certificate of authority issued under this chapter continues in effect on the condition that the insurer continue to comply with the laws of this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter B. Authority to Engage in Business › Section 962.054. Insurers Not Meeting Certain Requirements

Sec. 962.054.  INSURERS NOT MEETING CERTAIN REQUIREMENTS.  To write the insurance coverages authorized by Section 962.101, a domestic or foreign insurer that does not meet the requirements of Sections 962.051 and 962.052 must comply with Chapters 822 and 861.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter B. Authority to Engage in Business › Section 962.055. Capital and Surplus Requirements

Sec. 962.055.  CAPITAL AND SURPLUS REQUIREMENTS.  A domestic or foreign insurer operating under this chapter shall maintain the minimum capital and surplus required by Sections 822.054, 822.210, and 822.211.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter C. Coverage › Section 962.101. Authorized Coverages

Sec. 962.101.  AUTHORIZED COVERAGES.  A domestic or foreign insurer operating under this chapter may write:
(1)  job protection insurance; and
(2)  insurance that:
(A)  insures an individual described by Section 962.002(a) against bodily injury or death by accident or against disability on account of sickness or accident;
(B)  grants specific hospital benefits and medical, surgical, and sick-care benefits to an individual and the individual's family; and
(C)  provides reimbursement of funeral expenses in an amount not to exceed $200 to any person in connection with the coverage.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter C. Coverage › Section 962.102. Other Coverages Prohibited

Sec. 962.102.  OTHER COVERAGES PROHIBITED.  A domestic or foreign insurer operating under this chapter may not write coverage that is not authorized by Section 962.101.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter C. Coverage › Section 962.103. Applicability of Guaranty Fund Law

Sec. 962.103.  APPLICABILITY OF GUARANTY FUND LAW.  A guaranty fund established under this code does not provide coverage for insurance written under this chapter except as specifically provided by a law governing the fund.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter O. Enforcement Provisions › Section 962.701. Prohibited Acts; Offense

Sec. 962.701.  PROHIBITED ACTS; OFFENSE.  (a)  A person may not:
(1)  provide coverage described by Section 962.101 unless the person holds a certificate of authority to provide that coverage; or
(2)  solicit insurance for an insurer authorized to provide insurance coverage under this chapter unless the person holds an insurance agent's license.
(b)  A person commits an offense if the person knowingly violates Subsection (a).  An offense under this subsection is a Class B misdemeanor.
(c)  Venue for prosecution of an offense under this section is in Travis County.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 962 - Job Protection Insurance › Subchapter O. Enforcement Provisions › Section 962.702. Refusal to Issue or Renew Certificate of Authority or License; Suspension or Revocation

Sec. 962.702.  REFUSAL TO ISSUE OR RENEW CERTIFICATE OF AUTHORITY OR LICENSE; SUSPENSION OR REVOCATION.  If, after notice and hearing, the commissioner finds that the applicant, certificate holder, or license holder has violated this chapter or another provision of this code, the commissioner may refuse to issue or renew a certificate of authority or a license, or may suspend or revoke a certificate of authority or a license.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 16, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 963 - Automobile Clubs › Section 963.001. Definition

Sec. 963.001.  DEFINITION.  In this chapter, "automobile club" has the meaning assigned by Section 722.002, Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1E.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 963 - Automobile Clubs › Section 963.002. Provision of Certain Insurance Services by Automobile Club

Sec. 963.002.  PROVISION OF CERTAIN INSURANCE SERVICES BY AUTOMOBILE CLUB.  (a)  An automobile club may provide insurance services only as provided by this chapter.
(b)  An automobile club may provide accidental injury and death benefit insurance coverage to a member through purchase of a group policy of insurance issued to the automobile club for the benefit of its members.  The coverage must be purchased from an insurance company authorized to engage in the business of that type of coverage in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1E.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 963 - Automobile Clubs › Section 963.003. Certificate of Participation

Sec. 963.003.  CERTIFICATE OF PARTICIPATION.  (a)  The automobile club shall provide each member covered by insurance described by Section 963.002 a certificate of participation.
(b)  The certificate of participation must state on its face in at least 14-point black boldfaced type that the certificate is only a certificate of participation in a group accidental injury and death policy and is not automobile liability insurance coverage.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1E.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 963 - Automobile Clubs › Section 963.004. Certain Activities Prohibited

Sec. 963.004.  CERTAIN ACTIVITIES PROHIBITED.  An automobile club may endorse insurance products and refer members to agents or insurers authorized to provide the insurance products in this state.  The automobile club or an agent of the automobile club may not receive consideration for the referral.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1E.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 963 - Automobile Clubs › Section 963.005. Certain Transportation-Related Services

Sec. 963.005.  CERTAIN TRANSPORTATION-RELATED SERVICES.  In addition to reimbursement services described by Section 722.002(2), Transportation Code, an automobile club may contract with a member to:
(1)  reimburse the member for expenses the member incurs for towing, emergency road service, and lockout or lost key services; and
(2)  provide immediate destination assistance and trip interruption service.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1E.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 963 - Automobile Clubs › Section 963.006. Applicability of Insurance Laws

Sec. 963.006.  APPLICABILITY OF INSURANCE LAWS.  (a)  Except as provided by Subsection (b), an automobile club performing services permitted by this chapter is not subject to regulation under the insurance laws of this state because of the performance of those services.
(b)  An automobile club may sell insurance products to a member for a consideration separate from the amount that the member pays for membership in the automobile club if the automobile club is properly licensed as an agent under the applicable provisions of this code.
(c)  The insurance laws of this state do not apply to reimbursement provided under Section 963.005.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1E.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter A. General Provisions › Section 964.001. Definitions

Sec. 964.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Affiliated company" or "affiliate" has the meaning assigned by Section 823.003 and includes a parent entity that controls a captive insurance company.
(1-a)  "Attorney in fact" means a firm or corporation that, under a power of attorney or other appropriate authorization of the attorney in fact, acts for subscribers of a captive exchange by issuing reciprocal or interinsurance contracts.
(1-b)  "Captive exchange" means a reciprocal or interinsurance exchange formed under this chapter.  The term includes the attorney in fact through which a reciprocal or interinsurance contract, as defined by Section 942.001, is exchanged.
(2)  "Captive insurance company" means a company that holds a certificate of authority under this chapter to insure the operational risks of the company's affiliates or risks of a controlled unaffiliated business.  The term includes a captive exchange.
(3)  "Captive management company" means an entity providing administrative services to a captive insurance company.
(4)  "Control" means the power to direct, or cause the direction of, the management and policies of an entity, other than the power that results from an official position with or corporate office held in the entity.  The power may be possessed directly or indirectly by any means, including through the ownership of voting securities or by contract, other than a commercial contract for goods or nonmanagement services.
(5)  "Controlled unaffiliated business" means a person:
(A)  that is not an affiliate;
(B)  that has an existing contractual relationship with an affiliate under which the affiliate bears a potential financial loss; and
(C)  the risks of which are managed by a captive insurance company under Section 964.066.
(6)  "Operational risk" means any potential financial loss of an affiliate, except for a loss arising from an insurance policy issued by a captive or insurance affiliate.
(7)  "Redomestication" means the transfer to or from this state of the insurance domicile of an authorized captive insurer.
(8)  "Subscriber" means an affiliated company or controlled unaffiliated business that enters into a reciprocal contract of insurance with an attorney in fact as a subscriber of a captive exchange.
(b)  Notwithstanding Section 30.003, in this chapter, "person" has the meaning assigned by Section 311.005, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.01, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter A. General Provisions › Section 964.002. Applicability of Other Laws

Sec. 964.002.  APPLICABILITY OF OTHER LAWS.  (a)  Except as otherwise provided by this chapter, this code does not apply to a captive insurance company except:
(1)  Title 2;
(2)  Chapter 223A and Subtitles A and C, Title 3;
(3)  Chapter 401;
(4)  Chapter 441;
(5)  Chapter 443; and
(6)  Chapter 803.
(b)  A captive insurance company operating under this chapter is subject to the Business Organizations Code, including the requirement to be authorized by the secretary of state, to the extent those laws do not conflict with this chapter.
(c)  Chapter 823 applies to a captive insurance company only if the company is affiliated with another insurer that is subject to Chapter 823.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.051. Authority to Write Direct Business

Sec. 964.051.  AUTHORITY TO WRITE DIRECT BUSINESS.  (a)  Except as provided by this section, a captive insurance company may write any type of insurance, but may only insure the operational risks of the company's affiliates and risks of a controlled unaffiliated business.
(b)  A captive insurance company may not issue:
(1)  life insurance, except to insure employee benefits that are subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);
(2)  annuities;
(3)  accident and health insurance for the company's parent and affiliates, except to insure employee benefits that are subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);
(4)  title insurance;
(5)  mortgage guaranty insurance;
(6)  financial guaranty insurance;
(7)  residential property insurance;
(8)  personal automobile insurance; or
(9)  workers' compensation insurance.
(c)  A captive insurance company may not issue a type of insurance, including automobile liability insurance, that is required, under the laws of this state or a political subdivision of this state, as a prerequisite for obtaining a license or permit if the law requires that the liability insurance be issued by an insurer authorized to engage in the business of insurance in this state.
(d)  A captive insurance company is authorized to issue a contractual reimbursement policy to:
(1)  an affiliated certified self-insurer authorized under Chapter 407, Labor Code, or a similar affiliated entity expressly authorized by analogous laws of another state; or
(2)  an affiliate that is insured by a workers' compensation insurance policy with a negotiated deductible endorsement.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.02, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.053. Formation

Sec. 964.053.  FORMATION.  (a)  A captive insurance company, other than a captive exchange, or an attorney in fact must be formed for the purpose of engaging in the business of insurance under this chapter by filing an appropriate application with the secretary of state.
(b)  A captive insurance company may be formed and operated in any form of business organization authorized under the Business Organizations Code except a risk retention group or general partnership.  A captive insurance company may only be formed as a nonprofit corporation if it is controlled by a nonprofit corporation.
(c)  The certificate of formation of a captive insurance company, other than a captive exchange, or an attorney in fact must comply with the applicable requirements of the Business Organizations Code.  The name of the company or attorney in fact in the certificate of formation may include the words "insurance," "company," or similar words indicating that the purpose of the company or attorney in fact is to operate as an insurance company or attorney in fact under this chapter.
(d)  The board of directors or governing body of a captive insurance company formed in this state must have at least three members, and at least one of the members must be a resident of this state.  If the captive insurance company is a captive exchange, the principal office of the attorney in fact must be in this state.
(e)  The certificate of formation, bylaws, or governing document of a captive insurance company must authorize a quorum of the board of directors or governing body to consist of not fewer than one-third of the fixed number of directors or members of the governing body.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.04, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.054. Reserves and Accounting Basis

Sec. 964.054.  RESERVES AND ACCOUNTING BASIS.  (a)  A captive insurance company shall maintain reserves in an amount stated in the aggregate to provide for the payment of all losses or claims for which the captive insurance company may be liable and that are:
(1)  incurred on or before the date of the annual report under Section 964.060, whether reported or unreported; and
(2)  unpaid as of the date of the annual report under Section 964.060.
(b)  In addition to the reserves required by Subsection (a), a captive insurance company shall maintain reserves in an amount estimated to provide for the expenses of adjustment or settlement of the losses or claims described by Subsection (a).
(c)  The captive insurance company shall use generally accepted accounting principles as an accounting basis except that a captive insurance company that is required to hold a certificate of authority under another jurisdiction's insurance laws shall use statutory accounting principles.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.055. Certificate of Authority Required

Sec. 964.055.  CERTIFICATE OF AUTHORITY REQUIRED.  (a)  An entity may not engage in business as a captive insurance company domiciled in this state unless it holds a certificate of authority issued by the department to act as a captive insurance company.  A captive insurance company, when permitted by its certificate of formation or governing document, may apply for a certificate of authority under this chapter.
(b)  An entity does not qualify for a certificate of authority under this chapter unless:
(1)  its affiliates have significant operations in this state, as determined by the commissioner;
(2)  its board of directors or governing body holds at least one meeting each year in this state;
(3)  it maintains its principal office and books and records in this state, unless the commissioner grants an application to relocate the entity's books and records under Chapter 803; and
(4)  it complies with Section 804.101 or 804.102.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.05, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.056. Capital and Surplus or Equivalent Requirements

Sec. 964.056.  CAPITAL AND SURPLUS OR EQUIVALENT REQUIREMENTS.  (a)  The department may not issue a certificate of authority to a captive insurance company unless the company possesses and maintains unencumbered capital and surplus, or the equivalent, in an amount determined by the commissioner after considering:
(1)  the amount of premium written by the captive insurance company;
(2)  the characteristics of the assets held by the captive insurance company;
(3)  the terms of reinsurance arrangements entered into by the captive insurance company;
(4)  the type of business covered in policies issued by the captive insurance company;
(5)  the underwriting practices and procedures of the captive insurance company; and
(6)  any other criteria that has an impact on the operations of the captive insurance company determined to be significant by the commissioner.
(b)  The amount of capital and surplus, or the equivalent, determined by the commissioner under Subsection (a) may not be less than $250,000.
(c)  The capital and surplus, or the equivalent, required by Subsection (a) must be in the form of:
(1)  United States currency;
(2)  an irrevocable letter of credit, in a form approved by the commissioner and not secured by a guarantee from an affiliate, naming the commissioner as beneficiary for the security of the captive insurance company's policyholders and issued by a bank approved by the commissioner;
(3)  bonds of this state or a county or municipality of this state; or
(4)  bonds or other evidences of indebtedness of the United States, the principal and interest of which are guaranteed by the United States.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.06, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.057. Application for Certificate of Authority

Sec. 964.057.  APPLICATION FOR CERTIFICATE OF AUTHORITY.  (a)  After forming a captive insurance company, other than a captive exchange, or an attorney in fact, the incorporators or organizers must pay to the commissioner an application fee and file with the commissioner an application for a certificate of authority for a captive insurance company, which must include:
(1)  a financial statement certified by two principal officers;
(2)  a plan of operation and projections, which must include an actuarial report prepared by a qualified independent actuary;
(3)  the captive insurance company's certificate of formation or other documentation demonstrating the valid formation of the captive insurance company, other than a captive exchange, or the attorney in fact;
(4)  an affidavit by the incorporators, organizers, or officers of the captive insurance company stating that:
(A)  the capital and surplus, or the equivalent, are the bona fide property of the company; and
(B)  the certificate of formation or other documentation demonstrating the captive insurance company's or attorney in fact's valid formation is true and correct; and
(5)  if the application provides for the issuance of shares of stock or other type of equity instrument without par value, a certificate authenticated by the incorporators or officers stating:
(A)  the number of shares or other type of equity instrument without par value that are subscribed; and
(B)  the actual consideration received by the captive insurance company for those shares or other type of equity instrument.
(b)  If the commissioner is not satisfied with the affidavit filed under Subsection (a)(4), the commissioner may require that the incorporators, organizers, or officers provide at their expense additional evidence as described by Subsection (a) before the commissioner takes action on the application.
(c)  The application fee required under this section is $1,500 or a greater amount set by the commissioner by rule as necessary to recover the cost of administering this section.
(e)  Fees collected under this section shall be deposited to the credit of the Texas Department of Insurance operating account.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.07, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.058. Examination by Commissioner

Sec. 964.058.  EXAMINATION BY COMMISSIONER.  (a)  After the application and application fee for a certificate of authority under Section 964.057 are filed with the department and the applicant has complied with all legal requirements, the commissioner shall conduct an examination of the applicant to determine whether:
(1)  the minimum capital and surplus, or the equivalent, requirements of Section 964.056 are satisfied;
(2)  the capital and surplus, or the equivalent, are the bona fide property of the applicant; and
(3)  the applicant has fully complied with applicable insurance laws.
(b)  The commissioner may appoint a competent and disinterested person to conduct the examination required by this section.  The examiner shall file an affidavit of the examiner's findings with the commissioner.  The commissioner shall record the affidavit.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.08, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.059. Action on Application

Sec. 964.059.  ACTION ON APPLICATION.  (a)  The commissioner shall determine whether:
(1)  the capital and surplus, or the equivalent, of the applicant meet the requirements of this chapter;
(2)  the officers or members of the applicant's governing body have sufficient insurance experience, ability, standing, and good record to make success of the captive insurance company probable;
(3)  the applicant is acting in good faith; and
(4)  the applicant otherwise satisfies the requirements of this chapter.
(b)  In evaluating the application, the commissioner shall consider:
(1)  the amount and liquidity of the applicant's assets relative to the risks to be assumed;
(2)  the adequacy of the expertise, experience, and character of each individual who will manage the applicant;
(3)  the overall soundness of the applicant's plan of operations and the projections contained in that plan;
(4)  whether the applicant's affiliates have significant operations located in this state; and
(5)  any other factors the commissioner considers relevant to determine whether the applicant will be able to meet its policy obligations.
(c)  If the commissioner determines that the applicant has not met the standards set out by Subsection (a), the commissioner shall deny the application in writing, giving the reason for the denial.  On the applicant's request, the commissioner shall hold a hearing on a denial.  Not later than the 30th day after the date the commissioner receives the applicant's request for a hearing, the commissioner shall set a hearing date.
(d)  If the commissioner does not deny the application under Subsection (c), the commissioner shall approve the application and:
(1)  issue to the applicant a certificate of authority to engage in business as provided for in the applicant's certificate of formation or other governing document;
(2)  certify and file the approved document with the department; and
(3)  issue a certified copy of the certificate of authority to the applicant's incorporators or officers.
(e)  A certificate of authority issued to a captive insurance company under this section may not be sold.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.09, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.060. Annual Report

Sec. 964.060.  ANNUAL REPORT.  (a)  A captive insurance company holding a certificate of authority under this chapter is not required to file a report, except as provided by this section, Chapter 223A, and Subtitle C, Title 3.
(b)  A captive insurance company that holds a certificate of authority to engage in captive insurance business in this state shall file with the commissioner:
(1)  on or before March 1 of each year, a statement of the company's financial condition, verified by two of its executive officers and filed in a format prescribed by the commissioner; and
(2)  on or before June 1 of each year, a report of its financial condition at last year-end with an independent certified public accountant's opinion of the company's financial condition.
(c)  A captive insurance company may make a written application to the commissioner for filing its annual report required under this section on a fiscal year-end.  If an alternative filing date is granted, the company shall file:
(1)  the annual report not later than the 60th day after the date of the company's fiscal year-end;
(2)  the report of its financial condition at last year-end with an independent certified public accountant's opinion of the company's financial condition not later than the 150th day after the date the annual report is due; and
(3)  its balance sheet, income statement, and statement of cash flows, verified by two of its executive officers, before March 1 of each year to provide sufficient detail to support a premium tax return.
(d)  The commissioner may waive the requirement for a captive insurance company to file an actuarial report with the company's annual report if the commissioner determines that the company:
(1)  has less than $1 million of net written premium or reinsurance assumed; or
(2)  has been in operation for less than six months as of the end of the previous calendar year.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.10, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.061. Investments

Sec. 964.061.  INVESTMENTS.  (a)  A captive insurance company is not subject to a restriction on allowable investments, except as provided by this section.
(b)  A captive insurance company may make loans to its affiliates with the prior approval of the commissioner.  Each loan must be evidenced by a note approved by the commissioner.  A captive insurance company may not make a loan of the minimum capital and surplus funds, or the equivalent, required by this chapter.
(c)  The commissioner may prohibit or limit an investment that threatens the solvency or liquidity of a captive insurance company.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.11, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.062. Amendments to Certificate of Formation or Governing Document

Sec. 964.062.  AMENDMENTS TO CERTIFICATE OF FORMATION OR GOVERNING DOCUMENT.  A captive insurance company may not amend its certificate of formation or other governing document unless the amendment has been filed with and approved by the commissioner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.12, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.063. Dividends and Distributions

Sec. 964.063.  DIVIDENDS AND DISTRIBUTIONS.  (a)  A captive insurance company shall notify the commissioner in writing when issuing policyholder dividends or distributions to policyholders.
(b)  A captive insurance company, with the commissioner's approval, may issue dividends or distributions to the holders of an equity interest in the captive insurance company.  The commissioner shall adopt rules to implement this subsection.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 469 (S.B. 667), Sec. 3, eff. June 15, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.13, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.14, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.064. Prohibition on Joining or Contributing to Certain Entities and Funds

Sec. 964.064.  PROHIBITION ON JOINING OR CONTRIBUTING TO CERTAIN ENTITIES AND FUNDS.  A captive insurance company may not join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in this state, and a captive insurance company, its insured, or any affiliate is not entitled to receive any benefit from a plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of the company.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.065. Suspension or Revocation of Certificate of Authority

Sec. 964.065.  SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY.  The commissioner, after notice and an opportunity for hearing, may revoke or suspend the certificate of authority of a captive insurance company for:
(1)  insolvency or impairment of required capital or surplus, or the equivalent, to policyholders;
(2)  failure to submit an annual report, as required by Section 964.060;
(3)  failure to comply with the provisions of its own charter, bylaws, rules, or other governing document;
(4)  failure to submit to examination, as required by Chapter 401;
(5)  failure to pay the cost of examination, as required by Chapter 401;
(6)  failure to pay any tax or fee required by this code;
(7)  removal of its principal office or books and records from this state without prior approval of the commissioner;
(8)  use of practices that render its operation detrimental to the public or its condition unsound; or
(9)  failure to otherwise comply with the laws of this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.15, eff. June 15, 2017.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.066. Standards for Risk Management of Controlled Unaffiliated Business

Sec. 964.066.  STANDARDS FOR RISK MANAGEMENT OF CONTROLLED UNAFFILIATED BUSINESS.  The commissioner may adopt rules establishing standards to ensure that an affiliated company is able to exercise control of the risk management function of any controlled unaffiliated business to be insured by the captive insurance company.  Until rules under this section are adopted, the commissioner may approve the coverage of these risks by a captive insurance company.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.067. Captive Managers

Sec. 964.067.  CAPTIVE MANAGERS.  Before providing captive management services to a licensed captive insurance company, a captive management company shall register with the commissioner by providing the information required on a form adopted by the commissioner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.068. Maintenance Tax

Sec. 964.068.  MAINTENANCE TAX.  A captive insurance company is subject to maintenance tax under Subtitle C, Title 3, on the correctly reported gross premiums from writing insurance on risks located in this state as applicable to the individual lines of business written by the captive insurance company.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle H - Other Entities › Chapter 964 - Captive Insurance Companies › Subchapter B. Captive Insurance Companies › Section 964.069. Rulemaking Authority

Sec. 964.069.  RULEMAKING AUTHORITY.  The commissioner may adopt reasonable rules as necessary to implement the purposes and provisions of this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013.