CHAPTER 2207. EXCESS LIABILITY POOLS FOR COUNTIES AND CERTAIN EDUCATIONAL ENTITIES

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

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

CHAPTER 2207. EXCESS LIABILITY POOLS FOR COUNTIES AND CERTAIN

EDUCATIONAL ENTITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2207.001. DEFINITIONS. In this chapter:

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

(2) "County" means a county in this state.

(3) "Fund" means an excess liability fund.

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

created under the laws of this state.

(5) "Pool" means an excess liability pool created under this

chapter.

(6) "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. 2207.002. POOL NOT ENGAGED IN BUSINESS OF INSURANCE. (a)

Except as provided by Subsection (b), a pool is not engaged in

the business of insurance under this code or other laws of this

state, and the department does not have jurisdiction over a pool.

(b) A 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. COUNTY EXCESS LIABILITY POOL

Sec. 2207.051. CREATION OF COUNTY EXCESS LIABILITY POOL. (a)

The county judges of five or more counties may, on written

agreement, create a county excess liability pool.

(b) The county excess liability pool provides excess liability

insurance coverage as provided by this chapter and the pool's

plan of operation.

(c) Not more than one county excess liability pool may be

created under this subchapter.

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

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

Sec. 2207.052. PARTICIPATION IN OTHER POOLS NOT PERMITTED. A

county may participate only in a pool created for counties.

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

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

Sec. 2207.053. SELECTION OF TEMPORARY BOARD. At the time a

written agreement is executed under Section 2207.051, the county

judges of each county executing the agreement to create the pool

shall select nine individuals to:

(1) serve as a temporary board; and

(2) draft the plan of operation for the pool.

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

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

SUBCHAPTER C. SCHOOL DISTRICT EXCESS LIABILITY POOL

Sec. 2207.101. CREATION OF SCHOOL DISTRICT EXCESS LIABILITY

POOL. (a) Acting on behalf of their boards, the presidents of

the boards of trustees of five or more school districts may, on

written agreement, create a school district excess liability

pool.

(b) The school district excess liability pool provides excess

liability insurance coverage as provided by this chapter and the

pool's plan of operation.

(c) Not more than one school district excess liability pool may

be created under this subchapter.

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

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

Sec. 2207.102. PARTICIPATION IN OTHER POOLS NOT PERMITTED. A

school district may participate only in a pool created for school

districts.

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

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

Sec. 2207.103. SELECTION OF TEMPORARY BOARD. At the time a

written agreement is executed under Section 2207.101, the

presidents of the boards of trustees of each school district

executing the agreement to create the pool shall select nine

individuals to:

(1) serve as a temporary board; and

(2) draft the plan of operation for the pool.

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

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

SUBCHAPTER D. JUNIOR COLLEGE DISTRICT EXCESS LIABILITY POOL

Sec. 2207.151. CREATION OF JUNIOR COLLEGE DISTRICT EXCESS

LIABILITY POOL. (a) Acting on behalf of their boards, the

presiding officers of the boards of trustees of five or more

junior college districts may, on written agreement, create a

junior college district excess liability pool.

(b) The junior college district excess liability pool provides

excess liability insurance coverage as provided by this chapter

and the pool's plan of operation.

(c) Not more than one junior college district excess liability

pool may be created under this subchapter.

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

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

Sec. 2207.152. PARTICIPATION IN OTHER POOLS NOT PERMITTED. A

junior college district may participate only in a pool created

for junior college districts.

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

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

Sec. 2207.153. SELECTION OF TEMPORARY BOARD. At the time a

written agreement is executed under Section 2207.151, the

presiding officers of the boards of trustees of each junior

college district executing the agreement to create the pool shall

select nine individuals to:

(1) serve as a temporary board; and

(2) draft the plan of operation for the pool.

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

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

SUBCHAPTER E. PLAN OF OPERATION

Sec. 2207.201. 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 to prepare a

detailed plan of operation for the pool.

(b) The temporary board shall complete and adopt 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. 2207.202. 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 method of selecting the board;

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

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

(2) a description of the contributions and other financial

arrangements necessary to cover the initial expenses of the pool

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

those contributions or other financial arrangements;

(3) underwriting standards and procedures for evaluating risks;

(4) procedures for purchasing reinsurance;

(5) methods, procedures, and guidelines for:

(A) establishing the premium rates for and maximum limits of

excess liability insurance coverage available from the pool; and

(B) managing and investing money in the fund created for the

pool;

(6) procedures for processing and paying claims;

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

the pool;

(8) guidelines for nonrenewal of coverage;

(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 or to the pool's finances.

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

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

SUBCHAPTER F. BOARD OF TRUSTEES

Sec. 2207.251. BOARD OF TRUSTEES. (a) A pool is governed by a

board of trustees composed of nine members selected as provided

by the plan of operation.

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

board of a pool adopts the plan of operation, the initial regular

board must be selected as provided by the plan. The members of

the initial regular board shall take office not later than the

30th day after the date the plan of operation is adopted.

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

employee of a county, 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. 2207.252. TERMS; VACANCY. (a) Board members serve

two-year terms that expire at the time provided by the plan of

operation.

(b) A vacancy on the board shall be filled as provided by the

plan of operation.

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

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

Sec. 2207.253. PERFORMANCE BOND REQUIRED. (a) Each board

member shall execute a bond in the amount required by the plan of

operation. The bond must be payable to the pool and conditioned

on the faithful performance of the member's duties.

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

section.

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

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

Sec. 2207.254. 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, Sec. 2, eff. April 1, 2007.

Sec. 2207.255. OFFICERS; MEETINGS. (a) The board shall select

from the board members a presiding officer, an assistant

presiding officer, and a secretary who serve one-year terms that

expire as provided by the plan of operation.

(b) The board shall hold meetings at the call of the presiding

officer and at times established by the board's rules.

(c) A majority of the board members constitutes a quorum.

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

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

Sec. 2207.256. 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 liability insurance

contracts issued by the pool to a county, school district, or

junior college district, as applicable;

(2) adopt premium rate schedules and policy forms for the pool;

and

(3) receive service of summons on behalf of the pool.

(b) The board may:

(1) adopt necessary rules, including rules to implement this

chapter;

(2) delegate specific responsibilities to the pool manager; and

(3) amend the plan of operation to ensure the orderly management

and operation of the pool.

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

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

Sec. 2207.257. ANNUAL AUDIT; REPORT. (a) Each year as provided

by the plan of operation, the board shall have an actuary audit

the capital, surplus, and reserves of the pool and prepare a

formal report for the pool and the members of the pool.

(b) The actuary must be a member of the American Academy of

Actuaries.

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

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

Sec. 2207.258. 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 county, school district,

or junior college district covered by the applicable pool.

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

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

SUBCHAPTER G. OPERATION OF POOL

Sec. 2207.301. GENERAL POWERS AND DUTIES OF POOL. (a) A pool

shall:

(1) issue excess liability insurance coverage to each county,

school district, or junior college district 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 detailed data regarding the pool.

(b) The pool may:

(1) enter into contracts;

(2) purchase reinsurance;

(3) cancel or refuse to renew coverage; and

(4) perform any other act necessary to implement this chapter,

the plan of operation, or a rule adopted by the board.

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

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

Sec. 2207.302. POOL MANAGER; PERFORMANCE BOND REQUIRED. (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 the compensation

authorized by the board.

(c) The pool manager shall execute a bond in the amount

determined by the board. The bond must be payable to the pool

and conditioned on the faithful performance of the pool manager's

duties.

(d) The pool shall pay the cost of the bond executed under this

section.

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

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

Sec. 2207.303. 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 the board, the

pool manager shall:

(1) receive and pass on applications for excess liability

insurance coverage from the pool;

(2) negotiate contracts for the pool; and

(3) prepare and submit to the board for approval proposed policy

forms for coverage from the pool.

(c) The pool manager may refuse to renew the coverage of a

county, school district, or junior college district insured by

the pool based on the guidelines included in the plan of

operation.

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

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

Sec. 2207.304. 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 made with a person under this section.

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

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

Sec. 2207.305. PERFORMANCE BOND AUTHORIZED. The board may

require an employee or a person with whom the pool manager

contracts under Section 2207.304 to execute a bond in an amount

determined by the board. The bond must be payable to the board

and conditioned on the faithful performance of the employee's or

other person's duties to the pool.

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

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

Sec. 2207.306. IMMUNITY OF EMPLOYEES AND CONTRACTORS FROM

CERTAIN LIABILITIES. An employee or a person with whom the pool

manager contracts under Section 2207.304 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 county, school district,

or junior college district covered by the applicable pool.

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

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

Sec. 2207.307. OFFICE; RECORDS. (a) A 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, Sec. 2, eff. April 1, 2007.

SUBCHAPTER H. EXCESS LIABILITY FUND

Sec. 2207.351. FUND CREATION; MANAGEMENT. (a) On creation of a

pool, the initial regular board shall create an excess liability

fund.

(b) The fund is composed of:

(1) premiums paid by counties, school districts, or junior

college districts, as applicable, for coverage provided by the

pool;

(2) contributions and other money received by the pool to cover

the initial expenses of the fund;

(3) investments of the fund and money earned from those

investments; and

(4) any other money received by the pool.

(c) The pool manager shall manage the fund under the general

supervision of the board. The fund manager, under the general

supervision of the board, shall manage and invest the money in

the fund in the manner provided by the plan of operation.

(d) Money earned by the investment of money in the fund must be

deposited in the fund or reinvested for the fund.

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

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

Sec. 2207.352. CONTRIBUTIONS. The board shall determine the

amount of any contributions necessary to meet the initial

expenses of the pool. The board shall make this determination

based on the data provided by the plan of operation.

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

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

Sec. 2207.353. USES OF FUND. (a) Administrative expenses of

the pool may be paid from the fund. Payments for administrative

expenses during a fiscal year of the pool may not exceed the

amount established by the board.

(b) The pool may pay commissions from the fund on approval of

the board.

(c) Money in the fund may not be used to pay:

(1) punitive damages; or

(2) a fine or penalty imposed for a violation of:

(A) a statute;

(B) an administrative rule or regulation; or

(C) an order, rule, or ordinance.

(d) Money for a claim may not be paid from the fund under excess

liability insurance coverage until all benefits payable under any

other underlying liability insurance policy covering the claim or

judgment are exhausted.

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

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

Sec. 2207.354. DEPOSITORY BANK. (a) The board may select one

or more banks to serve as a 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 amount secured by the

Federal Deposit Insurance Corporation. The bond or other

security must be in an amount sufficient to secure the excess

amount of the deposit.

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

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

SUBCHAPTER I. POOL COVERAGE

Sec. 2207.401. ENTITLEMENT TO COVERAGE. A county, school

district, or junior college district is entitled to coverage from

the pool if the county, school district, or junior college

district:

(1) submits a complete application;

(2) provides other information required by the pool;

(3) meets the underwriting standards established by the pool;

and

(4) pays the premiums required for the coverage.

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

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

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 the entity's officers and

employees in their official or employment capacities.

(b) Except as provided by Subsection (c), under the excess

liability insurance coverage, a pool shall pay any portion of a

claim against a county, school district, or junior college

district, as applicable, and the entity's officers and employees

that:

(1) exceeds $500,000; and

(2) is finally determined or settled or is included in a final

judgment of a court.

(c) The amount paid by a pool under this section may not exceed

the amount the board determines is actuarially sound for the

pool.

(d) A pool may participate in evaluating, settling, or defending

a claim made under the excess liability insurance coverage.

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

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

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, 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 and compile statistical data relating to the excess

liability insurance coverage provided by the pool, including

relevant loss, expense, and premium data, and other information;

(2) prepare the proposed premium rate schedules for the approval

of the board; and

(3) prepare the maximum limits of coverage.

(c) The board shall periodically reexamine the rate schedules

and the maximum limits of coverage as conditions change.

(d) The pool manager shall make available to the public the

information described by Subsection (b)(1).

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

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

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 Acts 2005, 79th Leg., Ch.

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

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, 79th Leg., Ch.

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

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 not refuse to renew the coverage of

a county, school district, or junior college district during the

first 36 calendar months following the month in which the entity

is first provided coverage by the pool.

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

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

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 entity

discontinues the coverage.

(b) A county, school district, or junior college district whose

coverage is not renewed under Section 2207.407 is not eligible to

subsequently apply for coverage during the 12 calendar months

following the month in which the applicable pool gives written

notice of nonrenewal.

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

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

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 amount paid by the pool is prorated under this

section, each person described by Subsection (a) shall receive an

amount equal to the percentage that the amount owed to that

person by the pool bears to the total amount owed, outstanding,

and payable by the pool.

(c) The pool shall pay in the next fiscal year the remaining

amount that is due and unpaid to a person who receives a prorated

payment under this section.

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

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