Title IN, Insurance Code

Sec. 2155.002. CIPBM SELF-INSURANCE PROGRAM. (a) The service shall administer a CIPBM self-insurance program that: (1) identifies and evaluates risks arising from prescribed burns conducted under Chapter 153, Natural Resources Code; (2) maintains a loss-prevention and loss-contro…

Sec. 2155.003. SELF-INSURANCE POOL; COVERAGE. (a) The program shall administer a self-insurance pool to provide general liability coverage for CIPBMs who are residents of this state. (b) The coverage must indemnify a participating CIPBM for liability arising from a prescribed bur…

Sec. 2155.004. PARTICIPATION IN SELF-INSURANCE POOL. (a) To participate in coverage provided under Section 2155.003, a CIPBM must submit a written request to the program in the form and manner prescribed by the service. (b) The director of the service shall approve the request fo…

Sec. 2155.005. TRAINING REQUIREMENTS. (a) As a condition for continuing participation in coverage provided under Section 2155.003, a participating CIPBM shall complete a wildfire suppression course offered or sanctioned by the service that trains the CIPBM on: (1) proper coordina…

Sec. 2155.006. TEMPORARY CIPBM 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 …

Sec. 2155.007. LIMITATION ON STATE'S LIABILITY. The state's liability for all losses covered by self-insurance provided under this chapter is limited to the assets of the fund, and the state is not otherwise liable for those losses. Added by Acts 2025, 89th Leg., R.S., Ch. 595 (H…

Sec. 2155.008. SELF-INSURANCE FEE; COST-SHARING REQUIREMENTS. (a) The service may assess and collect a reasonable fee from participating CIPBMs to provide self-insurance coverage under this chapter. The service shall also establish reasonable cost-sharing requirements, including …

Sec. 2155.009. PRESCRIBED BURN DATA COLLECTION. A participating CIPBM shall report in the form and manner prescribed by the service the following information for each prescribed burn the CIPBM conducts: (1) the amount of land burned in acres by county; (2) the date of the burn; a…

Sec. 2155.010. EXCESSIVE CLAIMS. If the service determines that a participating CIPBM has made excessive claims under self-insurance coverage under this chapter, the service may: (1) terminate the CIPBM's participation in the self-insurance pool under this chapter; or (2) refer t…

Sec. 2155.011. LEGAL REPRESENTATION. (a) The service may employ an attorney to represent a CIPBM 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 202…

Sec. 2155.012. EXPIRATION OF PROGRAM AND CHAPTER. The program and this chapter expire September 1, 2040. On expiration of the program, the remaining balance in the fund that is not needed to pay claims is transferred to the statewide fire contingency account established under Sec…

Sec. 2171.001. DEFINITIONS. In this chapter: (1) "Large risk" means an insured described by Section 2301.004. (2) "Member" means an owner or person with an insurable interest in a property covered under a policy issued under Section 2171.002. Added by Acts 2005, 79th Leg., Ch. 72…

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 constitu…

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 mad…

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 …

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. 72…

Sec. 2171.006. DISCLOSURES REQUIRED. (a) During an application for an insurance policy issued under Section 2171.002, an insurer must provide to each applicant a written disclosure of whether the policy has a shared aggregate limit and, if applicable, the amount of the limit. (b)…

Sec. 2171.007. INCIDENTAL CASUALTY AND LIABILITY COVERAGE. An insurance policy issued under Section 2171.002 may contain casualty and liability coverage that is incidental to the property risk covered under the policy. Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec…

Sec. 2171.008. APPLICABILITY TO SURPLUS LINES. (a) Eligible surplus lines insurers are subject to this chapter, other than Sections 2171.003, 2171.004, and 2171.005. (b) A surplus lines agent is required to make a diligent effort, as described by Section 981.004(a)(1), only with …

Sec. 2171.009. RULES. The commissioner may adopt rules to implement and administer this chapter. Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 2, eff. June 20, 2025.

Sec. 2172.001. DEFINITION. In this chapter, "permitted group" means a group of 10 or more certificate holders who have a preexisting relationship to each other through: (1) a common trade; (2) an association; (3) an affiliation; or (4) any other relationship that is separate and …

Sec. 2172.002. APPLICABILITY OF CHAPTER. (a) This chapter, other than Section 2172.005, applies to an eligible surplus lines insurer. (b) This chapter does not apply to an insurance policy issued under and in accordance with: (1) Chapter 2153, 2171, or 2201; or (2) Section 706.00…

Sec. 2172.003. GROUP INSURANCE. (a) An insurer may provide a personal lines property and casualty insurance policy to a permitted group, on a group basis, provided that: (1) the issuance of the policy results in economies of scale in administrative, marketing, or brokerage costs;…

Sec. 2172.004. APPLICABILITY OF INSURANCE LAWS. (a) Except as otherwise provided by this chapter, a provision of this code applies to each certificate issued under a group policy issued under Section 2172.003 as if the certificate is an insurance policy and the certificate holder…

Sec. 2172.005. RATE AND FORM FILINGS. An insurer shall comply with all applicable rate and form filing requirements of this title for an insurance policy issued under Section 2172.003. Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 3, eff. June 20, 2025.

Sec. 2172.006. INCIDENTAL LIABILITY COVERAGE. An insurance policy issued under Section 2172.003 may contain liability coverage that is incidental to the property risk covered under the policy. Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 3, eff. June 20, 2025.

Sec. 2172.007. SURPLUS LINES REQUIREMENTS. (a) A surplus lines agent is required to make a diligent effort, as described by Section 981.004(a)(1), only with respect to a group policy issued under Section 2172.003 and only on an annual basis, rather than individually for each grou…

Sec. 2172.008. DISCLOSURES REQUIRED. Not later than the 30th day after the date an insurer issues, delivers, or renews an insurance policy under Section 2172.003, the insurer must deliver the following documents to each member covered by the policy: (1) a copy of the certificate …

Sec. 2172.009. GROUP ENROLLER EXEMPTION. Notwithstanding the requirements of Chapter 4001, a person who secures and furnishes information for the purpose of enrolling entities or individuals under an insurance policy issued under Section 2172.003, issues certificates or evidences…

Sec. 2172.010. RULES. The commissioner may adopt rules to implement and administer this chapter. Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 3, eff. June 20, 2025.

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) …

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, ba…

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 oc…

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 …

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 insur…

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 …

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 …

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. SUBCHAPTER B. RISK RETENTION GROUP QUALIFIC…

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 lia…

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.

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 200…

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…

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 …

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 mem…

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) compl…

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 …