CHAPTER 2259. SELF-INSURANCE BY GOVERNMENTAL UNITS

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT

CHAPTER 2259. SELF-INSURANCE BY GOVERNMENTAL UNITS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2259.001. DEFINITIONS. In this chapter:

(1) "Governmental unit" means:

(A) a state agency or institution;

(B) a local government; or

(C) an entity acting on behalf of a state agency or institution

or local government.

(2) "Local government" means a municipality or other political

subdivision of this state or a combination of political

subdivisions, including a combination created under Chapter 791.

(3) "Public security" means an obligation authorized to be

issued under this chapter, including a bond, certificate, or

note.

(4) "State agency or institution" includes an institution of

higher education.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.002. SELF-INSURANCE NOT WAIVER OF IMMUNITY. The

establishment and maintenance of a self-insurance program by a

governmental unit is not a waiver of immunity or of a defense of

the governmental unit or its employees.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

SUBCHAPTER B. SELF-INSURANCE FUND

Sec. 2259.031. ESTABLISHMENT OF FUND. (a) A governmental unit

may establish a self-insurance fund to protect the governmental

unit and its officers, employees, and agents from any insurable

risk or hazard.

(b) The governmental unit may:

(1) issue public securities and use the proceeds for all or part

of the fund; or

(2) use any money available to the governmental unit for the

fund.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.032. PUBLIC PURPOSE. The issuance of a public

security or the use of available money for a self-insurance fund

under this subchapter is a public purpose of the governmental

unit.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.033. PAYMENT SOURCE FOR PUBLIC SECURITIES: STATE

AGENCY OR INSTITUTION. Public securities issued by a state

agency or institution under this subchapter may be payable from

any available source of revenue.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.034. PAYMENT SOURCE FOR PUBLIC SECURITIES: LOCAL

GOVERNMENT. (a) Public securities issued by a local government

under this subchapter may be payable from taxes imposed by and

revenues of the local government, including:

(1) ad valorem, sales and use, and hotel occupancy taxes;

(2) revenue derived by the local government from any system or

other specified source; or

(3) any combination of taxes and revenue.

(b) The issuance of public securities by a local government

under this subchapter that are payable from ad valorem taxes is

subject to the laws applicable to the issuance of public

securities by the local government for other purposes, including

Chapter 1251, with respect to the necessity for and conduct of an

election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.035. SALE OF PUBLIC SECURITIES. A governmental unit

may sell public securities issued under this subchapter at a

public or private sale.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.036. COUNTY OR MUNICIPAL CERTIFICATES OF OBLIGATION.

As provided by Subchapter C, Chapter 271, Local Government Code,

a county or municipality may issue and sell for cash, at a public

or private sale, certificates of obligation for the establishment

and maintenance of a self-insurance fund under this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.037. APPLICABILITY OF INSURANCE LAWS. The Insurance

Code and other laws of this state relating to the provision or

regulation of insurance do not apply to:

(1) an agreement entered into under this subchapter; or

(2) the proceeds of public securities issued under this

subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

SUBCHAPTER C. RISK RETENTION GROUPS

Sec. 2259.061. FORMATION OF RISK RETENTION GROUP. A

governmental unit may form or become a member of a risk retention

group formed under the Liability Risk Retention Act of 1986 (15

U.S.C. Section 3901 et seq.) to obtain insurance against an

insurable risk.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.062. PAYMENT SOURCE FOR GROUP: STATE AGENCY OR

INSTITUTION. A state agency or institution may make a payment

under a risk retention group agreement from any source, including

a legislative appropriation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.

Sec. 2259.063. PAYMENT SOURCE FOR GROUP: LOCAL GOVERNMENT. (a)

A local government may make a payment under a risk retention

group agreement from proceeds of taxes imposed by and revenues of

the local government, including:

(1) ad valorem, sales and use, and hotel occupancy taxes;

(2) revenue derived by the local government from any system or

other specified source; or

(3) any combination of taxes and revenue.

(b) A local government that does not have authority to impose ad

valorem taxes for payment of contractual debts may make a payment

under a risk retention group agreement from an annual

appropriation of proceeds of ad valorem taxes the local

government is authorized to impose.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1999.