CHAPTER 21. GENERAL PROVISIONS

INSURANCE CODE - NOT CODIFIED

TITLE 1. THE INSURANCE CODE OF 1951

CHAPTER 21. GENERAL PROVISIONS

SUBCHAPTER E. MISCELLANEOUS PROVISIONS

Art. 21.41. OTHER LAWS FOR CERTAIN COMPANIES. No provision of

this chapter shall apply to companies carrying on the business of

life or casualty insurance on the assessment or annual premium

plan, under the provisions of this code.

Acts 1951, 52nd Leg., ch. 491.

Art. 21.42. TEXAS LAWS GOVERN POLICIES. Any contract of

insurance payable to any citizen or inhabitant of this State by

any insurance company or corporation doing business within this

State shall be held to be a contract made and entered into under

and by virtue of the laws of this State relating to insurance,

and governed thereby, notwithstanding such policy or contract of

insurance may provide that the contract was executed and the

premiums and policy (in case it becomes a demand) should be

payable without this State, or at the home office of the company

or corporation issuing the same.

Acts 1951, 52nd Leg., ch. 491.

Art. 21.47. FALSE STATEMENT IN WRITTEN INSTRUMENT; PENALTY. (a)

A person commits an offense if the person knowingly or

intentionally makes, files or uses any instrument in writing

required to be made to or filed with the State Board of Insurance

or the Insurance Commissioner, either by the Insurance Code or by

rule or regulation of the State Board of Insurance, when the

instrument in writing contains any false, fictitious, or

fraudulent statement or entry with regard to any material fact.

(b) For purposes of this article, "Texas Department of Insurance"

includes but is not limited to the executive director of the

Texas Department of Insurance, the State Board of Insurance, or

any association, corporation, or person created by the Insurance

Code.

(c) An offense under this article is a felony of the third

degree.

Added by Acts 1971, 62nd Leg., p. 2449, ch. 789, Sec. 2, eff.

June 8, 1971.

Amended by Acts 1991, 72nd Leg., ch. 565, Sec. 7, eff. Sept. 1,

1991.

Art. 21.49-3. MEDICAL LIABILITY INSURANCE UNDERWRITING

ASSOCIATION ACT.

Sec. 1. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Definitions

Sec. 2. (1) "Medical liability insurance" means primary and

excess insurance coverage against the legal liability of the

insured and against loss, damage, or expense incident to a claim

arising out of the death or injury of any person as the result of

negligence in rendering or the failure to render professional

service by a health care provider or physician who is in one of

the categories eligible for coverage by the association.

(2) "Association" means the joint underwriting association

established pursuant to the provisions of this article.

(3) "Net direct premiums" means gross direct premiums written on

automobile liability and liability other than auto insurance

written pursuant to the provisions of the Insurance Code, less

policyholder dividends, return premiums for the unused or

unabsorbed portion of premium deposits and less return premiums

upon cancelled contracts written on such liability risks.

(4) "Board" means the State Board of Insurance of the State of

Texas.

(5) "Physician" means a person licensed to practice medicine in

this state.

(6) "Health care provider" means:

(A) any person, partnership, professional association,

corporation, facility, or institution duly licensed or chartered

by the State of Texas to provide health care as defined in

Section 1.03(a)(2), Medical Liability and Insurance Improvement

Act of Texas (Article 4590i, Vernon's Texas Civil Statutes), as:

(i) a registered nurse, hospital, dentist, podiatrist,

pharmacist, chiropractor, or optometrist;

(ii) a for-profit or not-for-profit nursing home;

(iii) a radiation therapy center that is independent of any

other medical treatment facility and which is licensed by the

Texas Department of Health in that agency's capacity as the Texas

Radiation Control Agency pursuant to the provisions of Chapter

401, Health and Safety Code, and which is in compliance with the

regulations promulgated under that chapter;

(iv) a blood bank that is a nonprofit corporation chartered to

operate a blood bank and which is accredited by the American

Association of Blood Banks;

(v) a nonprofit corporation which is organized for the delivery

of health care to the public and which is certified under Chapter

162, Occupations Code;

(vi) a health center as defined by 42 U.S.C. Section 254b, as

amended; or

(vii) a for-profit or not-for-profit assisted living facility; or

(B) an officer, employee, or agent of an entity listed in

Paragraph (A) of this subdivision acting in the course and scope

of that person's employment.

Sec. 3. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Sec. 3A. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18,

eff. April 1, 2007.

Sec. 3B. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18,

eff. April 1, 2007.

Sec. 3C. Repealed by Acts 2007, 80th Leg., R.S., Ch. 730, Sec.

3B.060(b), eff. September 1, 2007.

Sec. 4. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Sec. 4A. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18,

eff. April 1, 2007.

Sec. 4B. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18,

eff. April 1, 2007.

Sec. 5. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Sec. 6. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Sec. 7. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Sec. 8. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Sec. 9. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18, eff.

April 1, 2007.

Sec. 10. Repealed by Acts 2005, 79th Leg., Ch. 727, Sec. 18,

eff. April 1, 2007.

Dissolution of the association

Sec. 11. Upon the effective date of this article, the board

shall, after consultation with the joint underwriting

association, representatives of the public, the Texas Medical

Association, the Texas Podiatry Association, the Texas Hospital

Association, and other affected individuals and organizations,

promulgate a plan of suspension consistent with the provisions of

this article, to become effective and operative on December 31,

1985, unless the board determines before that time that the

association may be suspended or is no longer needed to accomplish

the purposes for which it was created. The plan of suspension

shall contain provisions for maintaining reserves for losses

which may be reported subsequent to the expiration of all

policies in force at the time of such suspension. If, after the

date of suspension ordered by the board, the board finds, after

notice and hearing, that all known claims have been paid,

provided for, or otherwise disposed of by the association,

relating to policies issued prior to such suspension, then the

board may wind up the affairs of the association, relating to

policies issued prior to such suspension, by paying all funds

remaining in the association to a special fund created by the

statutory liquidator of the board as a reasonable reserve to be

administered by said liquidator for unknown claims and claims

expenses and for reimbursing assessments and contributions in

accordance with Section 4(b)(5) of this article. The board shall,

after consultation with the representatives of the public, the

Texas Medical Association, the Texas Podiatry Association, the

Texas Hospital Association, and other affected individuals and

organizations, promulgate a plan for distribution of funds, if

any, less reasonable and necessary expenses, to the policyholders

ratably in proportion to premiums and assessments paid during the

period of time prior to suspension in which the association

issued policies. When all claims have been paid and no further

liability of this association exists, the statutory liquidator

shall distribute all funds in its possession to the applicable

policyholders in accordance with the plan promulgated by the

board. If such reserve fund administered by the statutory

liquidator proves inadequate, the association shall be treated as

an insolvent insurer in respect to the applicable provisions of

Articles 21.28, 21.28A and 21.28-C, Insurance Code, not

inconsistent with this article. Notice of claim shall be made

upon the board.

Authority of the board over dissolution

Sec. 12. At any time the board finds that the association is no

longer needed to accomplish the purposes for which it was

created, the board may issue an order suspending the association

as of a certain date stated in the order. As soon as may be

reasonably practical after December 31, 1984, the board shall

determine whether or not medical liability insurance is

reasonably available to physicians, health care providers, or any

category of physicians or health care providers in this state

through facilities other than the association and the need for

the continuation of the operation of the association as to

physicians, health care providers, or any category of physicians

or health care providers. The board shall not make such

determination until a public meeting has been held. Prior notice

of such meeting shall be given at least 10 days to the same

persons or entities as are required for consultation in Section

11 of this article.

Termination of policies

Sec. 13. After the date ordered for suspension by the board, no

policies will be issued by the association. All then issued

policies shall continue in force until terminated in accordance

with the terms and conditions of such policies.

Acts 1975, 64th Leg., p. 867, ch. 331, Sec. 1, eff. June 3, 1975.

Amended by Acts 1977, 65th Leg., p. 129, ch. 59, Sec. 1, 2, eff.

April 13, 1977; Acts 1977, 65th Leg. p. 2057, ch. 817, Sec. 31.03

to 31.12, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 147, ch.

79, Sec. 1, 2, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 3159,

ch. 829, Sec. 1, eff. June 17, 1981.

Secs. 3, 11 to 13 amended by Acts 1983, 68th Leg., p. 5027, ch.

904, Sec. 1, eff. Aug. 29, 1983; Sec. 2(6) amended by Acts 1986,

69th Leg., 3rd C.S., ch. 11, Sec. 1, eff. Oct. 2, 1986; Sec. 3(b)

amended by Acts 1987, 70th Leg., 1st C.S., ch. 1, Sec. 7.02, eff.

Sept. 2, 1987; Sec. 2(6) amended by Acts 1991, 72nd Leg., ch. 14,

Sec. 284(89), eff. Sept. 1, 1991; Sec. 6 amended by Acts 1991,

72nd Leg., ch. 242, Sec. 9.11, eff. Sept. 1, 1991; Sec. 7(b)

amended by Acts 1991, 72nd Leg., ch. 242, Sec. 1.14, eff. Sept.

1, 1991; Sec. 7(b) amended by Acts 1993, 73rd Leg., ch. 685, Sec.

22.07, eff. Sept. 1, 1993; Sec. 10 amended by Acts 1997, 75th

Leg., ch. 879, Sec. 9, eff. Sept. 1, 1997; Sec. 7 amended by Acts

1999, 76th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1999; Sec. 2(6)

amended by Acts 2001, 77th Leg., ch. 921, Sec. 1, eff. Sept. 1,

2001; Sec. 2(6) amended by Acts 2001, 77th Leg., ch. 1284, Sec.

5.04, eff. June 15, 2001; Sec. 3A(c) added by Acts 2001, 77th

Leg., ch. 921, Sec. 2, eff. Sept. 1, 2001; Sec. 3A(c) added by

Acts 2001, 77th Leg., ch. 1284, Sec. 5.05, eff. June 15, 2001;

Sec. 4(b)(1) amended by Acts 2001, 77th Leg., ch. 921, Sec. 3,

eff. Sept. 1, 2001; Sec. 4(b)(1), (3) amended by Acts 2001, 77th

Leg., ch. 1284, Sec. 5.06, eff. June 15, 2001; Sec. 4(b)(6) added

by Acts 2001, 77th Leg., ch. 1284, Sec. 5.06, eff. June 15, 2001;

Sec. 4(d) added by Acts 2001, 77th Leg., ch. 921, Sec. 4, eff.

Sept. 1, 2001; Sec. 4A amended by Acts 2001, 77th Leg., ch. 921,

Sec. 5, eff. Sept. 1, 2001; Sec. 4A amended by Acts 2001, 77th

Leg., ch. 1284, Sec. 5.07, eff. June 15, 2001; Secs. 4B, 4C added

by Acts 2001, 77th Leg., ch. 1284, Sec. 5.08, eff. June 15, 2001;

Sec. 5 amended by Acts 2001, 77th Leg., ch. 1284, Sec. 5.09, eff.

June 15, 2001; Sec. 2(6) amended by Acts 2003, 78th Leg., ch.

141, Sec. 3, eff. Sept. 1, 2003; Sec. 3(d), added by Acts 2003,

78th Leg., ch. 1195, Sec. 1, eff. Sept. 1, 2003; Sec. 3A amended

by Acts 2003, 78th Leg., ch. 141, Sec. 4, eff. Sept. 1, 2003;

Sec. 3B added by Acts 2003, 78th Leg., ch. 141, Sec. 5, eff.

Sept. 1, 2003; Sec. 4(a)(2) amended by Acts 2003, 78th Leg., ch.

56, Sec. 1, eff. Sept. 1, 2003; Sec. 4(b)(1) amended by Acts

2003, 78th Leg., ch. 141, Sec. 6, eff. Sept. 1, 2003; Sec.

4(b)(2) amended by Acts 2003, 78th Leg., ch. 206, Sec. 21.47(8),

eff. June 11, 2003; Sec. 4(b)(3), amended by Acts 2003, 78th

Leg., ch. 141, Sec. 6, eff. Sept. 1, 2003; Sec. 4(b)(4) amended

by Acts 2003, 78th Leg., ch. 206, Sec. 21.34, eff. June 11, 2003;

Sec. 4(b)(5) amended by Acts 2003, 78th Leg., ch. 206, Sec.

18.01, eff. June 11, 2003; Sec 4(b)(6) amended by Acts 2003, 78th

Leg., ch. 141, Sec. 6, eff. Sept. 1, 2003; Sec. 4(e), (f) added

by Acts 2003, 78th Leg., ch. 56, Sec. 2, eff. Sept. 1, 2003; Sec.

4A amended by Acts 2003, 78th Leg., ch. 141, Sec. 7, eff. Sept.

1, 2003; amended by Acts 2003, 78th Leg., ch. 1195, Sec. 2, eff.

Sept. 1, 2003; Sec. 4A(b) amended by Acts 2003, 78th Leg., ch.

56, Sec. 3, eff. Sept. 1, 2003; Sec. 4B(a) amended by Acts 2003,

78th Leg., ch. 141, Sec. 9, eff. Sept. 1, 2003; Sec. 4B(b)

amended by Acts 2003, 78th Leg., ch. 56, Sec. 4, eff. Sept. 1,

2003; amended by Acts 2003, 78th Leg. ch. 141, Sec. 9, eff. Sept.

1, 2003; Sec. 4B(d), (e), (h) amended by Acts 2003, 78th Leg.,

ch. 141, Sec. 9, eff. Sept. 1, 2003; Sec. 4C(a), (c) amended by

Acts 2003, 78th Leg., ch. 141, Sec. 10, eff. Sept. 1, 2003, Sec.

4C(d-1) added by Acts 2003, 78th Leg., ch. 141, Sec. 10, eff.

Sept. 1, 2003; Sec. 5(a) amended by Acts 2003, 78th Leg., ch.

141, Sec. 11, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

246, Sec. 1, eff. May 30, 2005.

Acts 2005, 79th Leg., Ch.

727, Sec. 18, eff. April 1, 2007.

Acts 2005, 79th Leg., Ch.

1136, Sec. 2, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 3B.060(b), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 9.060(b), eff. September 1, 2007.

Art. 21.49-3a. REACTIVATION OF JOINT UNDERWRITING ASSOCIATIONS .

Sec. 1. Subsequent to the suspension of the operation of the

Joint Underwriting Association created by the Texas Medical

Liability Insurance Underwriting Association Act (Article

21.49-3, Insurance Code), it may be reactivated in conformity

with the terms of Section 3 of this article. The board may also,

if it deems such action to be appropriate, direct the statutory

liquidator to secure reinsurance for all claims which potentially

might be brought on policies issued by the Joint Underwriting

Association or take any other action which will reduce to a

minimum the participation and activities of the Joint

Underwriting Association until such time as the association may

be reactivated under the terms of Section 3 of this article.

Sec. 2. All terms used in this article have the same meanings as

those specifically set out in Section 2, Article 21.49-3,

Insurance Code.

Sec. 3. The State Board of Insurance, after notice and hearing as

hereinafter provided, is authorized to reactivate the Joint

Underwriting Association created by Article 21.49-3, Insurance

Code. A hearing to determine the need for reactivation shall be

set by the State Board of Insurance on petition of the Texas

Medical Association, the Texas Podiatry Association, or the Texas

Hospital Association or as many as 15 physicians or health care

providers practicing or operating in this state, or such hearing

may be set by the State Board of Insurance on its own finding

that physicians or health care providers, or any category

thereof, in this state are threatened with the possibility of

being unable to secure medical liability insurance. At least 15

days prior to the date set, notice of the hearing shall be given

to each insurer which, if reactivation is ordered, would be a

member of the association as provided in Section 3(a), Article

21.49-3, Insurance Code. If the board finds that reactivation of

the Joint Underwriting Association will be in the public

interest, the board shall order the reactivation, designating the

category or categories of physicians or health care providers who

shall be eligible to secure medical liability insurance coverage

from the association and specifying in the order a date not fewer

than 15 nor more than 60 days thereafter on which the provisions

of Article 21.49-3, Insurance Code, shall become effective as if

the same had been reenacted to be effective on the date specified

in the order.

Added by Acts 1983, 68th Leg., p. 5031, ch. 904, Sec. 2, eff.

Aug. 29, 1983.

Art. 21.49-3c. TEXAS NONPROFIT ORGANIZATION LIABILITY INSURANCE

UNDERWRITING ASSOCIATION.

Definitions

Sec. 1. In this article:

(1) "Association" means the Texas Nonprofit Organization

Liability Insurance Underwriting Association.

(2) "Board" means the State Board of Insurance.

(3) "Board of directors" means the board of directors of the

association.

(4) "Fund" means the policyholder stabilization reserve fund.

(5) "Net direct premiums" means gross direct premiums written on

automobile liability and liability other than automobile

insurance written under this code, less the total of the

policyholder dividends, return premiums for the unused or

unabsorbed portion of premium deposits, and return premiums on

canceled contracts written on those liability risks.

(6) "Nonprofit organization" means an organization that is listed

under Section 501(c)(3) or (4), Internal Revenue Code of 1986.

(7) "Nonprofit organization liability insurance" means primary

insurance coverage against the legal liability of the insured

organization and its officers and employees acting on behalf of

the organization and against any loss, damage, or expense

incident to a claim arising out of the acts of the insured

organization or its officers and employees acting on behalf of

the organization.

Creation; composition of the association; dissolution

Sec. 2. (a) The Texas Nonprofit Organization Liability Insurance

Underwriting Association is created if, after notice and hearing,

the board determines that a market assistance program created

under Article 21.49-12 of this code has not alleviated a problem

in the availability of liability insurance to nonprofit

organizations. The board may not make this determination until a

market assistance program has been in operation for at least 180

days.

(b) The association is composed of all insurers authorized to

write and engaged in writing, on or after January 1, 1987,

automobile liability insurance and liability other than

automobile insurance in this state on a direct basis as provided

by this code and includes Lloyd's and reciprocal or

interinsurance exchanges.

(c) The association does not include farm mutual insurance

companies authorized by Chapter 16 of this code and mutual

insurance companies authorized by Chapter 17 of this code.

(d) Each insurer covered by Subsection (b) of this section must

be a member of the association as a condition of its authority to

continue to transact a liability insurance business in this

state.

(e) The association is not a licensed insurer under Article

1.14-2 of this code.

(f) Not later than the first anniversary of the creation of the

association under this section, the board shall give notice and

hold a hearing to determine whether it is necessary to continue

the association beyond the first anniversary of its creation. If

the association is continued beyond the first anniversary of its

creation, the board shall give notice and hold a hearing annually

to determine whether it is necessary to continue the association

for another year.

Insurer participation in association

Sec. 3. (a) Each insurer that is a member of the association

shall participate in its writings, expenses, and losses in the

proportion that the net direct premiums of each member, excluding

that portion of premiums attributable to the operation of the

association, written during the preceding calendar year bears to

the aggregate net direct premiums written in this state by all

members of the association.

(b) Each insurer's participation in the association shall be

determined annually on the basis of net direct premiums written

during the preceding calendar year, as reported in the annual

statements and other reports filed by the insurer with the board.

(c) A member of the association is not obligated in any one year

to reimburse the association in excess of one percent of its

surplus to policyholders on account of its proportionate share in

the deficit from the operations of the association in that year.

The aggregate amount not reimbursed shall be reallocated among

the remaining members under the method of determining

participation provided by this section, after excluding from the

computation the total net direct premiums of all members not

sharing in the excess deficit.

(d) If the deficit from the operations allocated to all members

of the association in a calendar year exceeds one percent of

their respective surplus to policyholders, the amount of the

deficit shall be allocated to each member under the method of

determining participation under this section.

General responsibility of association

Sec. 4. The association shall provide liability insurance on a

self-supporting basis to nonprofit organizations.

General authority

Sec. 5. Pursuant to this article and the plan of operation, the

association may:

(1) issue, or cause to be issued, nonprofit organization

liability insurance policies that include primary and incidental

coverages in amounts not to exceed $750,000 per occurrence and

$1.5 million aggregate a year for an individual insured;

(2) underwrite association insurance and adjust and pay losses

with respect to that insurance;

(3) appoint service companies to adjust and pay losses for the

association; and

(4) purchase reinsurance.

Board of directors

Sec. 6. (a) The association is governed by a board of directors

composed of nine members.

(b) Members of the board of directors serve for terms of one

year.

(c) Four members of the board of directors shall be members of

the general public, appointed by the board. The remaining members

of the board of directors shall be selected by members of the

association and must be selected so that they fairly represent

various classes of insurers and organizations that are members of

the association.

(d) The plan of operation shall provide a process for the

selection of members of the board of directors who are

representatives of the insurance industry.

(e) A public representative who is a member of the board of

directors may not be:

(1) an officer, director, or employee of an insurance company,

insurance agency, agent, broker, solicitor, adjuster, or any

other business entity regulated by the State Board of Insurance;

(2) a person required to register with the secretary of state

under Chapter 305, Government Code; or

(3) related to a person described by Subdivision (1) or (2) of

this subsection within the second degree of affinity or

consanguinity.

Plan of operation

Sec. 7. (a) The initial board of directors of the association

shall prepare and adopt a plan of operation that is consistent

with this article.

(b) The plan must provide for:

(1) economic, fair, and nondiscriminatory administration of the

association and its duties;

(2) prompt and efficient provision of primary liability insurance

for nonprofit organizations;

(3) preliminary assessment of association members for initial

expenses necessary to begin operations;

(4) establishing necessary facilities;

(5) management of the association;

(6) assessment of members and policyholders to defray losses and

expenses;

(7) administration of the policyholder stabilization reserve

fund;

(8) commission arrangements;

(9) reasonable and objective underwriting standards;

(10) obtaining reinsurance;

(11) appointment of servicing carriers; and

(12) determining amounts of insurance to be provided by the

association.

(c) The plan of operation must provide that any balance remaining

in the various funds of the association at the close of its

fiscal year shall be added to the reserves of the association. A

balance remaining at the close of the fiscal year means the

excess of revenue over expenditures after reimbursement of

members' contributions as provided by Section 12 of this article.

(d) The board of directors may amend the plan of operation with

the approval of the board and shall amend the plan of operation

at the direction of the board.

Eligibility for coverage

Sec. 8. (a) The board, by order, shall establish the categories

of nonprofit organizations that are eligible to obtain coverage

from the association and may amend the order to include or

exclude from eligibility particular categories of nonprofit

organizations.

(b) If a category of nonprofit organizations is excluded from

eligibility to obtain coverage from the association, the board,

after notice and hearing, may determine that liability insurance

for nonprofit organizations in that category is not available,

and on that determination that category of nonprofit

organizations is eligible to obtain insurance coverage from the

association.

Application for coverage

Sec. 9. (a) A nonprofit organization included in a category

eligible for coverage by the association is entitled to submit an

application to the association for coverage as provided by this

article and the plan of operation.

(b) An agent authorized under Article 21.14 of this code may

submit the application to the association on behalf of an

applicant.

(c) If the association determines that the applicant meets the

underwriting standards provided by the plan of operation and that

there is no unpaid, uncontested premium, policyholder

stabilization reserve fund charge, or assessment owed by the

applicant for prior insurance, the association, on receipt of the

premium and the policyholder stabilization reserve fund charge or

the portion of that charge required by the plan of operation,

shall cause a liability insurance policy to be issued to the

nonprofit organization for one year.

Rates and policy forms

Sec. 10. (a) The rates, rating plans, rating rules, rating

classification, territories, and policy forms that apply to

liability insurance written by the association and the statistics

relating to that insurance coverage are governed by Subchapter B,

Chapter 5, of this code, except to the extent that this article

is in conflict. This article prevails over any conflict with

Subchapter B, Chapter 5, of this code.

(b) In carrying out its responsibilities under Subsection (a) of

this section, the board shall give due consideration to the past

and prospective loss and expense experience, as available, for

liability insurance covering nonprofit organizations inside and

outside this state for all member companies of the association,

trends in frequency and severity of losses, the investment income

of the association, and other information the board may require.

(c) After the initial year of operation for the association,

rates, rating plans, and rating rules and any provision for

recoupment shall be based on the association's loss and expense

experience to the extent credible, together with other

information based on that experience. The board of directors

shall engage the services of an independent actuarial firm to

develop and recommend actuarially sound rates, rating plans, and

rating rules and classifications. Those recommendations shall

become effective unless, after hearing and not later than the

30th day after the date the recommendations are submitted, the

commissioner determines the recommendations to be arbitrary and

capricious.

Association deficit

Sec. 11. (a) A deficit sustained by the association in any year

shall be recouped pursuant to the plan of operation and the

rating plan that is in effect at the time of the deficit.

(b) The association shall recoup the deficit by following one or

more of the following procedures in this sequence:

(1) a contribution from the policyholder stabilization reserve

fund until that fund is exhausted;

(2) an assessment on the policyholders under Section 13 of this

article; and

(3) an assessment on the members of the association as provided

by Section 12 of this article.

Assessment of association members

Sec. 12. (a) In addition to assessments paid as provided by the

plan of operation and contributions from the policyholder

stabilization reserve fund, if sufficient funds are not available

for the sound financial operation of the association, the members

of the association shall contribute to the financial requirements

of the association on the basis and for the period considered

necessary by the board.

(b) A member of the association shall be reimbursed for any

assessment or contribution made under this section plus interest

at a rate determined by the board.

(c) Pending the recoupment or reimbursement of assessments or

contributions paid by a member to the association, the unrepaid

balance of the assessments and contributions may be reflected in

the books of the member of the association as an admitted asset

of the insurer for all purposes including exhibition in the

annual statement under Article 6.12 of this code.

(d) To the extent that a member of the association has paid one

or more assessments and has not received reimbursement from the

association as provided by Subsection (b) of this section, the

member is entitled to a credit against its premium taxes under

Article 4.10 of this code. The tax credit shall be allowed at a

rate of 20 percent a year over a period of five successive years

following the year in which the deficit is sustained or over a

different number of years at the option of the member.

Policyholder assessment

Sec. 13. (a) Each policyholder of the association has a

contingent liability for a proportionate share of any assessment

of policyholders made under this article.

(b) If a deficit as calculated under the plan of operation is

sustained by the association in any year, the board of directors

shall levy an assessment only on those policyholders who had

policies in force at any time during the two most recently

completed calendar years in which the association issued policies

preceding the date on which the assessment is levied.

(c) The aggregate amount of the assessment shall be equal to that

part of the deficit that is not paid from the policyholder

stabilization reserve fund.

(d) The maximum aggregate assessment for each policyholder may

not exceed the annual premium for the liability policy from the

association most recently in effect.

(e) Subject to the limitation provided by Subsection (d) of this

section, each policyholder shall be assessed for that portion of

the deficit that reflects the proportion that the earned premium

on the policies of the policyholder bears to the total earned

premium for all policies of the association in the two most

recently completed calendar years.

Policyholder stabilization reserve fund

Sec. 14. (a) The policyholder stabilization reserve fund is

created and shall be administered as provided by this article and

the plan of operation.

(b) Each policyholder shall pay to the fund annually an amount

determined annually by the board of directors as provided by the

plan of operation.

(c) The charge shall be computed in proportion to each premium

payment due for liability insurance through the association.

(d) The policy shall state the charge separately. The charge is

not part of the premium and is not subject to premium taxes,

servicing fees, acquisition costs, or any other similar charges.

(e) The association shall collect money for and administer the

fund, and the fund shall be treated as a liability of the

association along with and in the same manner as premium and loss

reserves.

(f) The board of directors shall value the fund annually at the

close of the last preceding year.

(g) The association shall continue to collect the charge until

the time the net balance of the fund is not less than the

projected sum of premiums to be written in the year following the

valuation date under Subsection (f) of this section.

(h) All charges collected from policyholders shall be credited to

the fund, and the fund shall be charged with any deficit from

operations of the association during the previous year.

Appeal

Sec. 15. (a) A person insured or applying for insurance under

this article or his authorized representative or an affected

insurer who may be aggrieved by an act, ruling, or decision of

the association may appeal the act, ruling, or decision to the

board of directors not later than the 30th day after the date on

which the act took place or the ruling or decision was issued.

(b) The board of directors shall hold a hearing on the appeal not

later than the 30th day after the date the appeal is filed and

shall give at least 10 days' written notice of the time and place

of the hearing to the person filing the appeal or his authorized

representative.

(c) Not later than the 10th day after the date the hearing ends,

the board of directors shall issue an order affirming, reversing,

or modifying the appealed act, ruling, or decision.

(d) A person or entity that is a party to an appeal under

Subsection (a) of this section may appeal the board of directors'

decision to the board.

(e) The board shall hold a hearing on an appeal filed under

Subsection (d) of this section not later than the 30th day after

the date on which the appeal is filed with the board and shall

give written notice to any person or entity filing the appeal or

his authorized representative not later than the 10th day before

the date on which the appeal is to be heard.

(f) Not later than the 30th day after the date on which the

board's hearing ends, the board shall decide the appeal and shall

issue an order.

(g) Pending a hearing and decision on an appeal to the board, the

board may suspend or postpone the effective date of the decision

appealed.

(h) A final decision of the board may be appealed as provided by

Subsection (f), Article 1.04, of this code.

Immunity

Sec. 16. The association, its agents and employees, an insurer, a

licensed agent, or the board or its authorized representatives

are not liable for any statements made in good faith by them.

Annual statements

Sec. 17. (a) The association shall file with the board a

statement that includes information with respect to its

transactions, condition, operations, and affairs during the

preceding calendar year. This statement must be filed each year

on or before March 1.

(b) The statement shall include those matters and that

information that is required by the board and shall be in the

form approved by the board.

(c) The board may require the association to furnish additional

information with regard to the association's transactions,

condition, or any matter connected with its transactions and

condition considered to be material and of assistance in

evaluating the scope, operation, and experience of the

association.

Examinations

Sec. 18. The board shall make an examination into the affairs of

the association at least annually. The examination shall be

conducted, the report of the examination filed, and the expenses

borne and paid in the manner provided by Articles 1.15 and 1.16

of this code.

Filing information with state

Sec. 19. The association shall collect the data, information, and

statements and shall file with the board the reports and

statements required by Articles 1.24A and 1.24B of this code.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 1, Sec. 5.06, eff.

Sept. 2, 1987. Sec. 6 amended by Acts 1991, 72nd Leg., ch. 242,

Sec. 9.13, eff. Sept. 1, 1991.

Art. 21.49-5. [BLANK].

Art. 21.52B. PHARMACEUTICAL SERVICES.

Definitions

Sec. 1. In this article:

(1) "Health insurance policy" means an individual, group,

blanket, or franchise insurance policy, insurance policy or

agreement, or group hospital service contract that provides

benefits for pharmaceutical services that are necessary as a

result of or to prevent an accident or sickness, but does not

include evidence of coverage provided by a health maintenance

organization under the Texas Health Maintenance Organization Act

(Chapter 20A, Vernon's Texas Insurance Code).

(2) "Pharmaceutical services" means services, including

dispensing prescription drugs, that are ordinarily and

customarily rendered by a pharmacy or pharmacist licensed to

practice pharmacy under the Texas Pharmacy Act (Article 4542a-1,

Vernon's Texas Civil Statutes).

(3) "Pharmacist" means a person licensed to practice pharmacy

under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas

Civil Statutes).

(4) "Pharmacy" means a facility licensed as a pharmacy under the

Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil

Statutes).

(5) "Drugs" and "prescription drugs" have the meanings assigned

by Section 5, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas

Civil Statutes).

(6) "Managed care plan" means a health maintenance organization,

a preferred provider organization, or another organization that,

under a contract or other agreement entered into with a

participant in the plan:

(A) provides health care benefits, or arranges for health care

benefits to be provided, to a participant in the plan; and

(B) requires or encourages those participants to use health care

providers designated by the plan.

Prohibited contractual provisions

Sec. 2. (a) A health insurance policy or managed care plan that

is delivered, issued for delivery, or renewed or for which a

contract or other agreement is executed may not:

(1) prohibit or limit a person who is a beneficiary of the policy

from selecting a pharmacy or pharmacist of the person's choice to

be a provider under the policy to furnish pharmaceutical services

offered or provided by that policy or interfere with that

person's selection of a pharmacy or pharmacist;

(2) deny a pharmacy or pharmacist the right to participate as a

contract provider under the policy or plan if the pharmacy or

pharmacist agrees to provide pharmaceutical services that meet

all terms and requirements and to include the same

administrative, financial, and professional conditions that apply

to pharmacies and pharmacists who have been designated as

providers under the policy or plan; or

(3) require a beneficiary of a policy or a participant in a plan

to obtain or request a specific quantity or dosage supply of

pharmaceutical products.

(b) Notwithstanding Subsection (a)(3) of this section, a health

insurance policy or managed care plan may allow the physician of

a beneficiary or participant to prescribe drugs in a quantity or

dosage supply the physician determines appropriate and that is in

compliance with state and federal statutes.

(c) This section does not prohibit:

(1) a provision of a policy or plan from limiting the quantity or

dosage supply of pharmaceutical products for which coverage is

provided or providing financial incentives to encourage the

beneficiary or participant and the prescribing physician to use a

program that provides pharmaceutical products in quantities that

result in cost savings to the insurance program or managed care

plan and the beneficiary or participant if the provision applies

equally to all designated providers of pharmaceutical services

under the policy or plan;

(2) a pharmacy card program that provides a means of obtaining

pharmaceutical services offered by the policy or plan through all

designated providers of pharmaceutical services; or

(3) a plan from establishing reasonable application and

recertification fees for a pharmacy which provides pharmaceutical

services as a contract provider under the plan, provided that

such fees are uniformly charged to each pharmacy under contract

to the plan.

Provision void

Sec. 3. A provision of a health insurance policy or managed care

plan that is delivered, issued for delivery, entered into, or

renewed in this state that conflicts with Section 2 of this

article is void to the extent of the conflict.

Construction of article

Sec. 4. This article does not require a health insurance policy

or managed care plan to provide pharmaceutical services.

Application of prohibition

Sec. 5. The provisions of Section 2 of this article do not apply

to a self-insured employee benefit plan that is subject to the

Employee Retirement Income Security Act of 1974 (29 U.S.C.

Section 1001, et seq.).

Sec. 6. Repealed by Acts 1993, 73rd Leg., ch. 685, Sec. 19.06,

eff. Aug. 30, 1993.

Added by Acts 1991, 72nd Leg., ch. 182, Sec. 1, eff. Sept. 1,

1991. Sec. 2(b) amended by Acts 1993, 73rd Leg., ch. 685, Sec.

19.07, eff. Sept. 1, 1993; Sec. 5 amended by Acts 1993, 73rd

Leg., ch. 685, Sec. 19.08, eff. Sept. 1, 1993; Sec. 6 repealed by

Acts 1993, 73rd Leg., ch. 685, Sec. 19.06, eff. Aug. 30, 1993;

Sec. 1(6) added by Acts 1995, 74th Leg., ch. 852, Sec. 1, eff.

Sept. 1, 1995; Sec. 2 amended by Acts 1995, 74th Leg., ch. 852,

Sec. 2, eff. Sept. 1, 1995; Sec. 3 amended by Acts 1995, 74th

Leg., ch. 852, Sec. 3, eff. Sept. 1, 1995; Sec. 4 amended by Acts

1995, 74th Leg., ch. 852, Sec. 4, eff. Sept. 1, 1995.