CHAPTER 2206. RISK MANAGEMENT POOLS FOR CERTAIN EDUCATIONAL ENTITIES

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE G. POOLS, GROUPS, PLANS, AND SELF-INSURANCE

CHAPTER 2206. RISK MANAGEMENT POOLS FOR CERTAIN EDUCATIONAL

ENTITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2206.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of trustees of a pool.

(2) "Fund" means a risk management fund.

(3) "Junior college district" means a junior college district

created under the laws of this state.

(4) "Pool" means a risk management pool created under this

chapter.

(5) "School district" means a public school district created

under the laws of this state.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.002. APPLICABILITY OF OTHER LAWS. (a) Except as

provided by Subsection (b), a pool is not considered insurance

under this code or other laws of this state, and the department

does not have jurisdiction over the pool.

(b) The pool:

(1) shall collect the necessary information and file with the

department the reports required by Subchapter D, Chapter 38; and

(2) is subject to Chapter 541 and Section 543.001.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER B. SCHOOL DISTRICT RISK MANAGEMENT POOL

Sec. 2206.051. CREATION OF SCHOOL DISTRICT RISK MANAGEMENT POOL.

(a) The boards of trustees of five or more school districts may

create the school district risk management pool by adopting a

resolution to create the pool.

(b) The school district risk management pool insures each school

district that purchases coverage in the pool against liability

under law for the district's acts and omissions.

(c) Not more than one school district risk management pool may

be created under this subchapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.052. PARTICIPATION IN POOL. (a) A school district

that meets the criteria established by the school district risk

management pool in the pool's plan of operation may:

(1) purchase coverage from the pool; and

(2) use district money to pay the fees, contributions, or

premiums required to participate in the pool and obtain the

coverage.

(b) A junior college district may not participate in the school

district risk management pool.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.053. ORGANIZATIONAL MEETING; SELECTION OF TEMPORARY

BOARD. (a) On authorization to create the school district risk

management pool as provided by Section 2206.051, the board of

trustees of each school district adopting a resolution to create

the pool shall select one representative to meet with

representatives of the other school districts adopting the

resolution.

(b) At the meeting, the representatives shall:

(1) adopt guidelines for developing an organizational plan for

the pool; and

(2) select nine individuals to serve as a temporary board for

the pool.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER C. JUNIOR COLLEGE DISTRICT RISK MANAGEMENT POOL

Sec. 2206.101. CREATION OF JUNIOR COLLEGE DISTRICT RISK

MANAGEMENT POOL. (a) The board of trustees of five or more

junior college districts may create the junior college district

risk management pool by adopting a resolution to create the pool.

(b) The junior college district risk management pool insures

each junior college district that purchases coverage in the pool

against liability under law for the district's acts and

omissions.

(c) Not more than one junior college district risk management

pool may be created under this subchapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.102. PARTICIPATION IN POOL. (a) A junior college

district that meets the criteria established by the junior

college district risk management pool in the pool's plan of

operation may:

(1) purchase coverage from the pool; and

(2) use district money to pay the fees, contributions, or

premiums required to participate in the pool and obtain the

coverage.

(b) A school district may not participate in the junior college

district risk management pool.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.103. ORGANIZATIONAL MEETING; SELECTION OF TEMPORARY

BOARD. (a) On authorization to create the junior college

district risk management pool as provided by Section 2206.101,

the board of trustees of each junior college district adopting a

resolution to create the pool shall select one representative to

meet with representatives of the other junior college districts

adopting the resolution.

(b) At the meeting, the representatives shall:

(1) adopt guidelines for developing an organizational plan for

the pool; and

(2) select nine individuals to serve as a temporary board for

the pool.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER D. PLAN OF OPERATION

Sec. 2206.151. TIME FOR CREATION OF PLAN OF OPERATION. (a) Not

later than the 30th day after the date the temporary board of a

pool is selected, the temporary board shall meet and begin

preparing a detailed plan of operation for the pool.

(b) The temporary board shall complete the plan of operation not

later than the 90th day after the date the temporary board is

selected.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.152. CONTENTS OF PLAN OF OPERATION. (a) Subject to

the requirements of this chapter, a pool's plan of operation must

include:

(1) the organizational structure of the pool, including:

(A) the number of regular board members;

(B) the method of selecting the board members;

(C) the board's method of procedure and operation; and

(D) a summary of the method for managing and operating the pool;

(2) a description of the fees, contributions, or financial

arrangements necessary to cover the initial expenses of the pool

and estimates, supported by statistical data, of the amounts of

those fees, contributions, or other financial arrangements;

(3) underwriting guidelines and procedures for evaluating risks;

(4) procedures for purchasing reinsurance;

(5) methods, procedures, and guidelines for establishing:

(A) premium rates for pool coverage; and

(B) pool coverage limits;

(6) procedures for processing and paying claims;

(7) methods and procedures for defraying losses and expenses of

the pool;

(8) methods, procedures, and guidelines for managing and

investing the money in the fund created for the pool;

(9) minimum capital and surplus to be maintained by the pool;

and

(10) minimum standards for reserve requirements for the pool.

(b) The plan of operation may include any matter relating to the

organization and operation of the pool and the pool's finances.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER E. BOARD OF TRUSTEES

Sec. 2206.201. BOARD OF TRUSTEES. (a) A pool is governed by a

board of trustees as provided by the plan of operation.

(b) Not later than the 15th day after the date the temporary

board of a pool completes the plan of operation, the initial

regular board must be selected and take office as provided by the

plan.

(c) An individual serving on the board who is an officer or

employee of a school district or junior college district covered

by the pool performs duties on the board as additional duties

required of the individual's original office or employment.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.202. GENERAL AUTHORITY OF BOARD; RULES. (a) A board

is responsible for the general administration and operation of

the pool and the pool's fund.

(b) The board may:

(1) exercise powers and enter into contracts necessary to

implement this chapter and the plan of operation; and

(2) adopt rules to implement this chapter and the plan of

operation.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.203. PERSONNEL; CONTRACTS FOR SERVICES. (a) A board

may employ a fund manager and other persons necessary to

implement this chapter and the plan of operation.

(b) The board may employ or contract with a person or insurer

for underwriting, accounting, claims, and other services.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.204. PERFORMANCE BOND REQUIRED. (a) Each board

member and each board employee who has authority over money in

the fund or money collected or invested by the pool shall execute

a bond in an amount determined by the board. The bond must be

payable to the pool and conditioned on the faithful performance

of the person's duties.

(b) The pool shall pay the cost of a bond executed under

Subsection (a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.205. IMMUNITY FROM CERTAIN LIABILITIES. A board

member or board employee 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 made against a school district or

junior college district covered by the pool.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER F. RISK MANAGEMENT FUND

Sec. 2206.251. FUND CREATION; MANAGEMENT. (a) Immediately

after taking office, an initial regular board shall create a risk

management fund. The fund must include:

(1) fees, contributions, and premiums collected by the pool;

(2) investments of money in the fund;

(3) interest earned on investments made by the pool; and

(4) all other income received by the pool.

(b) The board shall manage and invest the money in the fund in

the manner provided by the plan of operation.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.252. USES OF FUND. (a) The money in a pool's fund:

(1) shall be used to pay liability claims and judgments against

school districts or junior college districts that participate in

the pool, not to exceed the limits of the coverage provided by

the pool; and

(2) may be used to pay the administrative and management costs

of the pool and the fund, not to exceed the limits provided in

the plan of operation.

(b) On the board's approval, a pool may pay commissions from the

fund.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER G. PREMIUM RATES AND COVERAGE; REINSURANCE

Sec. 2206.301. PREMIUM RATES AND COVERAGE LIMITS. A pool's

board shall determine the premium rates charged by the pool and

pool coverage limits to ensure that the pool and the fund are

actuarially sound.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.302. GUARANTEED ISSUANCE OF INITIAL COVERAGE; RISK

MANAGEMENT. (a) Subject to Subsection (b), a school district or

junior college district that applies for initial coverage through

a pool is entitled to that coverage for a period of not less than

one year, regardless of loss history. The board may approve a

longer period for the initial coverage.

(b) For a school district or junior college district to obtain

initial coverage, the board may require that the district

participate in a risk management appraisal and comply with the

recommendations resulting from the appraisal.

(c) If complying with the recommended risk management techniques

resulting from the appraisal does not reduce the school

district's or junior college district's losses during the initial

coverage period sufficiently to meet the pool's underwriting

standards, the board may deny the district subsequent coverage

through the pool.

(d) The pool may assess a surcharge to a school district or

junior college district covered during the initial coverage

period if the district does not meet the basic underwriting

guidelines for the pool.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2206.303. REINSURANCE. A board may purchase reinsurance

for a risk covered through the pool.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.