Ins. Code Section 2204.053
Constitution and Bylaws
(a)In this section:
(1)“Principal office” means an office at which officers and personnel who are engaged in administration, underwriting, claims adjustment, policyholders’ service, marketing, accounting, recordkeeping, and support services are located.
(2)“Subscriber” means a person, firm, corporation, or other organization that, on payment of fees or dues required by the constitution and bylaws, the directors designate as a subscriber.
(b)The constitution and bylaws of the exchange must provide for:
(1)the election of nine directors, four of whom represent the public interest and are not members, subscribers, or agents of the exchange;
(2)the locations of the principal offices of the exchange and the members in this state for transacting business described by Section 2204.051 (Purpose of Exchange; Specific Authorization for Certain Insurance)(a);
(3)the submission by the exchange, members, and applicants for membership in the exchange of financial information required by rules adopted by the commissioner;
(4)the establishment and maintenance by the exchange of a security fund in a form and amount specified by rules adopted by the commissioner;
(5)the voting power of members; and
(6)members’ rights and duties, including the manner of conducting business, financial stability, dues, membership fees, mandatory arbitration, and any other matter necessary or appropriate to conduct business authorized by this chapter.
(c)For an agent transacting business on the exchange to participate in the operation and management of the exchange, the constitution and bylaws of the exchange must provide for the voting power and other rights granted to a nonprofit corporation under the Business Organizations Code.
(d)In a manner that complies with the requirements adopted under this section, the exchange may, with the department’s approval, amend the exchange’s constitution or bylaws in accordance with the terms of the constitution and bylaws.
(e)The constitution, a bylaw, or an amendment to the constitution or a bylaw is invalid without the department’s approval.
Section 2204.053 — Constitution and Bylaws,
https://statutes.capitol.texas.gov/Docs/IN/htm/IN.2204.htm#2204.053 (accessed Dec. 2, 2023).