Title IN, Insurance Code

Sec. 2207.402. SCOPE OF COVERAGE. (a) A pool shall insure a county, school district, or junior college district and the entity's officers and employees against liability for acts and omissions under the laws governing that county, school district, or junior college district and t…

Sec. 2207.403. BASIS OF COVERAGE. The pool may provide excess liability insurance coverage on a claims-made basis or an occurrence basis. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2207.404. RATES AND LIMITS OF COVERAGE. (a) To ensure that the pool is actuarially sound, the board shall: (1) set the premium rates charged; and (2) determine the maximum limits of coverage provided. (b) The pool manager, for the board's consideration, shall: (1) collect an…

Sec. 2207.405. USE OF ENTITY MONEY FOR POOL COVERAGE AUTHORIZED. A county, school district, or junior college district may use its money to pay any contributions or premiums required by the applicable pool to purchase excess liability insurance coverage from the pool. Added by Ac…

Sec. 2207.406. COVERAGE PERIOD. A county, school district, or junior college district that accepts coverage provided by the applicable pool shall maintain that coverage for at least 36 calendar months following the month in which the pool issued the coverage. Added by Acts 2005, …

Sec. 2207.407. NONRENEWAL OF COVERAGE. (a) Except as provided by Subsection (b), the applicable pool may refuse to renew the coverage of a county, school district, or junior college district that fails to comply with the pool's underwriting standards. (b) The applicable pool may …

Sec. 2207.408. SUBSEQUENT COVERAGE. (a) A county, school district, or junior college district that voluntarily discontinues coverage provided by the applicable pool may not subsequently obtain coverage from the pool for at least 36 calendar months following the month in which the…

Sec. 2207.409. PAYMENT OF CLAIMS AND JUDGMENTS. (a) If money in the fund would be exhausted by the payment of all final and settled claims and final judgments during a fiscal year, the pool shall prorate the amount paid to each person having the claim or judgment. (b) If the amou…

Sec. 2208.001. DEFINITIONS. In this chapter: (1) "Board" means the board of trustees of the pool. (2) "Fund" means the Texas public entity excess insurance fund. (3) "Insurance" means liability insurance or workers' compensation insurance. (4) "Pool" means the Texas public entity…

Sec. 2208.002. POOL NOT ENGAGED IN BUSINESS OF INSURANCE. (a) Except as provided by Subsection (b), the pool is not engaged in the business of insurance under this code or other laws of this state, and the department has no jurisdiction over the pool. (b) The pool is subject to C…

Sec. 2208.051. CREATION OF POOL. (a) The Texas Public Entity Excess Insurance Pool is created on the written agreement of the presiding officers of 25 or more public entities in this state. (b) The pool provides excess liability and workers' compensation insurance coverage to a p…

Sec. 2208.052. PARTICIPATION IN POOL. A public entity is entitled to coverage from the pool if the entity: (1) submits a complete application; (2) provides other relevant information required by the pool; (3) meets the underwriting guidelines established by the pool; and (4) pays…

Sec. 2208.101. ADMINISTRATION OF POOL; BOARD MEMBERSHIP. (a) A board of trustees shall administer the pool. (b) The board is composed of the members of the governing board of an association that: (1) on September 2, 1987, had been providing pooled self-insurance in this state for…

Sec. 2208.102. COMPENSATION. A board member is not entitled to compensation for the member's service on the board. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2208.103. OFFICERS; MEETINGS. (a) Each individual who serves as an officer of the governing board of the association described by Section 2208.101(b) serves as an officer of the board. (b) The board shall hold meetings at the call of the presiding officer and at times establ…

Sec. 2208.104. GENERAL POWERS AND DUTIES OF BOARD. (a) In addition to other duties provided by the plan of operation, the board shall: (1) approve contracts other than excess insurance contracts issued to public entities by the pool; (2) adopt premium rate schedules and policy fo…

Sec. 2208.105. IMMUNITY OF BOARD MEMBERS FROM CERTAIN LIABILITIES. A board member is not liable: (1) with respect to a claim or judgment for which coverage is provided by the pool; or (2) for a claim or judgment against a public entity covered by the pool. Added by Acts 2005, 79t…

Sec. 2208.151. TIME FOR CREATION OF PLAN OF OPERATION. Not later than the 30th day after the date the pool is created, the board shall meet to prepare a detailed plan of operation for the pool. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2208.152. CONTENTS OF PLAN OF OPERATION. (a) Subject to the requirements of this chapter, the plan of operation must include: (1) the organizational structure of the pool, the board's method of procedure and operation, and a summary of the method for managing and operating t…

Sec. 2208.201. GENERAL POWERS AND DUTIES OF POOL. (a) The pool shall: (1) issue insurance coverage to each public entity entitled to coverage under this chapter; (2) collect premiums for coverage issued or renewed by the pool; (3) process and pay valid claims; and (4) maintain de…

Sec. 2208.202. POOL MANAGER. (a) The board shall appoint a pool manager who serves at the pleasure of the board, and the board shall supervise the pool manager's activities. (b) The pool manager is entitled to receive compensation as authorized by the board. Added by Acts 2005, 7…

Sec. 2208.203. GENERAL POWERS AND DUTIES OF POOL MANAGER. (a) The pool manager shall manage and conduct the affairs of the pool under the general supervision of the board and shall perform any other duties as directed by the board. (b) In addition to any other duties provided by …

Sec. 2208.204. PERSONNEL. (a) The pool manager shall employ or contract with persons necessary to assist the board and the pool manager in implementing the powers and duties of the pool. (b) The board must approve: (1) the compensation paid to a pool employee; and (2) a contract …

Sec. 2208.205. PERFORMANCE BOND AUTHORIZED. The board may require an employee or a person with whom the pool manager contracts under Section 2208.204 to execute a bond in an amount determined by the board. The bond must be payable to the board and conditioned on the faithful perf…

Sec. 2208.206. IMMUNITY OF EMPLOYEES AND CONTRACTORS FROM CERTAIN LIABILITIES. An employee or a person with whom the pool manager contracts under Section 2208.204 is not liable: (1) with respect to a claim or judgment for which coverage is provided by the pool; or (2) for a claim…

Sec. 2208.207. OFFICE; RECORDS. (a) The pool shall maintain the pool's principal office in Austin, Texas. (b) Records, files, and other documents and information relating to the pool must be maintained in the pool's principal office. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2…

Sec. 2208.251. FUND CREATION; MANAGEMENT. (a) On creation of the pool, the board shall create the Texas public entity excess insurance fund. (b) The fund is composed of: (1) premiums paid by public entities for coverage provided by the pool; (2) proceeds from bonds and other mone…

Sec. 2208.252. USES OF FUND. (a) Administrative expenses of the pool may be paid from the fund. (b) Money in the fund may not be used to pay: (1) punitive damages; (2) a fine or penalty imposed for a violation of: (A) a statute; (B) an administrative rule or regulation; or (C) an…

Sec. 2208.253. DEPOSITORY. (a) The board may select one or more banks to serve as depository for money in the fund. (b) A depository bank must execute a bond or provide other security before the pool manager may deposit fund money in the bank in an amount that exceeds the maximum…

Sec. 2208.301. SCOPE OF COVERAGE. (a) Except as provided by Subsection (b), under the excess insurance coverage, the pool shall pay any portion of a claim against a public entity and the entity's officers and employees that: (1) exceeds $1 million; and (2) is finally determined o…

Sec. 2208.302. BASIS OF COVERAGE. The pool may provide excess insurance coverage on a claims-made basis or an occurrence basis. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2208.303. PUNITIVE DAMAGES NOT COVERED. Excess insurance coverage provided by the pool may not include coverage for punitive damages. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2208.304. RATES AND LIMITS OF COVERAGE. (a) To ensure that the pool is actuarially sound, the board shall: (1) set the premium rates charged; and (2) determine the maximum limits of insurance coverage provided. (b) The pool manager, for the board's consideration, shall: (1) …

Sec. 2208.305. USE OF PUBLIC MONEY FOR POOL COVERAGE AUTHORIZED. A public entity may use the entity's money to pay any contributions or premiums required by the pool to purchase excess insurance coverage from the pool. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, e…

Sec. 2208.306. COVERAGE PERIOD. A public entity that accepts coverage provided by the pool shall maintain that coverage for at least 35 calendar months following the month in which the pool issued the coverage. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. Apri…

Sec. 2208.307. NONRENEWAL OF COVERAGE. The pool may refuse to renew the insurance coverage of a public entity that fails to comply with the pool's underwriting or risk management guidelines. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2208.308. SUBSEQUENT COVERAGE. (a) A public entity that voluntarily discontinues insurance coverage provided by the pool may not subsequently obtain coverage from the pool for at least 36 calendar months following the month in which the entity discontinues the coverage. (b) …

Sec. 2208.309. PAYMENT OF CLAIMS AND JUDGMENTS. (a) If money in the fund would be exhausted by the payment of all final and settled claims and final judgments during a fiscal year, the pool shall prorate the amount paid to each person having the claim or judgment. (b) If the amou…

Sec. 2209.001. DEFINITIONS. In this chapter: (1) "Board" means the board of trustees of the pool. (2) "Fund" means the Texas nonprofit organizations liability fund. (3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a)…

Sec. 2209.002. POOL NOT ENGAGED IN BUSINESS OF INSURANCE. (a) Except as provided by this section and Section 2209.003(b), the pool is not engaged in the business of insurance under this code or other laws of this state, and this code, including Chapter 462, and other insurance la…

Sec. 2209.003. DEPARTMENT AND COMMISSIONER SUPERVISION. (a) The pool is subject to the department's continuing supervision relating to the pool's solvency. (b) The commissioner may set certain minimum requirements to ensure the capability of the pool to satisfy the pool's obligat…

Sec. 2209.051. CREATION OF POOL. (a) The Texas Nonprofit Organizations Liability Pool is created on the written agreement of the chief executive officers of 15 or more nonprofit organizations. (b) The pool provides primary and excess liability insurance coverage as provided by th…

Sec. 2209.052. PARTICIPATION IN POOL. A nonprofit organization is entitled to coverage from the pool if the organization: (1) submits a complete application; (2) provides other information required by the pool; (3) meets the underwriting standards established by the pool; and (4)…

Sec. 2209.053. SELECTION OF TEMPORARY BOARD. At the time the chief executive officers of the nonprofit organizations enter into the written agreement under Section 2209.051, the officers shall select nine individuals to: (1) serve as the temporary board; and (2) draft the plan of…

Sec. 2209.101. TIME FOR CREATION OF PLAN OF OPERATION. (a) Not later than the 30th day after the date the temporary board is selected, the temporary board shall meet to prepare a detailed plan of operation for the pool. (b) The temporary board shall complete and adopt the plan of…

Sec. 2209.102. CONTENTS OF PLAN OF OPERATION. (a) Subject to the requirements of this chapter, the plan of operation must include: (1) the organizational structure of the pool, including: (A) the method of selecting the board; (B) the board's method of procedure and operation; an…