Tex. Ins. Code Section 2210.0715
Payment from Reserves and Trust Fund


(a)

The association shall pay losses resulting from an occurrence or series of occurrences in a catastrophe year in excess of premium and other revenue of the association for that catastrophe year from reserves of the association available before or accrued during that catastrophe year and amounts in the catastrophe reserve trust fund available before or accrued during that catastrophe year.

(b)

Proceeds of public securities issued or assessments made before or as a result of any occurrence or series of occurrences in a catastrophe year that results in insured losses may not be included in reserves available for a subsequent catastrophe year for purposes of this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 5, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900), Sec. 2, eff. June 10, 2019.
Sec. 2210.072. PAYMENT FROM CLASS 1 PUBLIC SECURITIES; FINANCIAL INSTRUMENTS. (a) Losses not paid under Section 2210.0715 (Payment from Reserves and Trust Fund) shall be paid as provided by this section from the proceeds from Class 1 public securities issued in accordance with Subchapter M before, on, or after the date of any occurrence or series of occurrences that results in insured losses. Public securities described by this section must be paid within a period not to exceed 14 years, and may be paid sooner if the board of directors elects to do so and the commissioner approves.

(b)

Public securities described by Subsection (a) that are issued before an occurrence or series of occurrences that results in incurred losses:

(1)

may be issued on the request of the board of directors with the approval of the commissioner; and

(2)

may not, in the aggregate, exceed $500 million at any one time, regardless of the calendar year or years in which the outstanding public securities were issued.

(b-1)

Public securities described by Subsection (a):

(1)

shall be issued as necessary in a principal amount not to exceed $500 million per catastrophe year, in the aggregate, for securities issued during that catastrophe year before the occurrence or series of occurrences that results in incurred losses in that year and securities issued on or after the date of that occurrence or series of occurrences, and regardless of whether for a single occurrence or a series of occurrences; and

(2)

subject to the maximum described by Subdivision (1), may be issued, in one or more issuances or tranches, during the calendar year in which the occurrence or series of occurrences occurs or, if the public securities cannot reasonably be issued in that year, during the following calendar year.

(c)

If public securities are issued as described by this section, the public securities shall be repaid in the manner prescribed by Subchapter M.

(d)

The association may borrow from, or enter into other financing arrangements with, any market source, under which the market source makes interest-bearing loans or other financial instruments to the association to enable the association to pay losses under this section or to obtain public securities under this section. For purposes of this subsection, financial instruments includes commercial paper.

(e)

The proceeds of any outstanding public securities described by Subsection (a) that are issued before an occurrence or series of occurrences, together with the proceeds of any outstanding Class 1 public securities issued on or before June 1, 2015, shall be depleted before the proceeds of any securities issued after an occurrence or series of occurrences may be used. This subsection does not prohibit the association from issuing securities after an occurrence or series of occurrences before the proceeds of outstanding public securities issued during a previous catastrophe year have been depleted.

(f)

If, under Subsection (e), the proceeds of any outstanding public securities issued during a previous catastrophe year, together with the proceeds of any outstanding Class 1 public securities issued on or before June 1, 2015, must be depleted, those proceeds shall count against the limit on public securities described by this section in the catastrophe year in which the proceeds must be depleted.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 16, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 11, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 6, eff. September 1, 2015.
Sec. 2210.0725. PAYMENT FROM CLASS 1 ASSESSMENTS. (a) Losses in a catastrophe year not paid under Sections 2210.0715 (Payment from Reserves and Trust Fund) and 2210.072 shall be paid as provided by this section from Class 1 member assessments not to exceed $500 million for that catastrophe year.

(b)

The association, with the approval of the commissioner, shall notify each member of the amount of the member’s assessment under this section. The proportion of the losses allocable to each insurer under this section shall be determined in the manner used to determine each insurer’s participation in the association for the year under Section 2210.052 (Member Participation in Association).

(c)

A member of the association may not recoup an assessment paid under this section through a premium surcharge or tax credit.
Added by Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 7, eff. September 1, 2015.
Sec. 2210.073. PAYMENT FROM CLASS 2 PUBLIC SECURITIES. (a) Losses not paid under Sections 2210.0715 (Payment from Reserves and Trust Fund), 2210.072, and 2210.0725 shall be paid as provided by this section from the proceeds from Class 2 public securities authorized to be issued in accordance with Subchapter M on or after the date of any occurrence or series of occurrences that results in insured losses. Public securities issued under this section must be paid within a period not to exceed 10 years and may be paid sooner if the board of directors elects to do so and the commissioner approves.

(b)

Public securities described by Subsection (a):

(1)

shall be issued as necessary in a principal amount not to exceed $250 million per catastrophe year, in the aggregate, whether for a single occurrence or a series of occurrences; and

(2)

subject to the maximum described by Subdivision (1), may be issued, in one or more issuances or tranches, during the calendar year in which the occurrence or series of occurrences occurs or, if the public securities cannot reasonably be issued in that year, during the following calendar year.

(c)

If the losses are paid with public securities described by this section, the public securities shall be paid in the manner prescribed by Subchapter M.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 16, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 12, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 8, eff. September 1, 2015.
Sec. 2210.074. PAYMENT THROUGH CLASS 2 ASSESSMENTS. (a) Losses in a catastrophe year not paid under Sections 2210.0715 (Payment from Reserves and Trust Fund), 2210.072, 2210.0725, and 2210.073 shall be paid as provided by this section from Class 2 member assessments not to exceed $250 million for that catastrophe year.

(b)

The association, with the approval of the commissioner, shall notify each member of the amount of the member’s assessment under this section. The proportion of the losses allocable to each insurer under this section shall be determined in the manner used to determine each insurer’s participation in the association for the year under Section 2210.052 (Member Participation in Association).

(c)

A member of the association may not recoup an assessment paid under this section through a premium surcharge or tax credit.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 16, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 13, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 9, eff. September 1, 2015.
Sec. 2210.0741. PAYMENT THROUGH CLASS 3 PUBLIC SECURITIES. (a) Losses not paid under Sections 2210.0715 (Payment from Reserves and Trust Fund), 2210.072, 2210.0725, 2210.073, and 2210.074 shall be paid as provided by this section from the proceeds from Class 3 public securities authorized to be issued in accordance with Subchapter M on or after the date of any occurrence or series of occurrences that results in insured losses. Public securities issued under this section must be paid within a period not to exceed 10 years, and may be paid sooner if the board of directors elects to do so and the commissioner approves.

(b)

Public securities described by Subsection (a):

(1)

shall be issued as necessary in a principal amount not to exceed $250 million per catastrophe year, in the aggregate, whether for a single occurrence or a series of occurrences; and

(2)

subject to the maximum described by Subdivision (1), may be issued, in one or more issuances or tranches, during the calendar year in which the occurrence or series of occurrences occurs or, if the public securities cannot reasonably be issued in that year, during the following calendar year.

(c)

If the losses are paid with public securities described by this section, the public securities shall be paid in the manner prescribed by Subchapter M.
Added by Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 10, eff. September 1, 2015.
Sec. 2210.0742. PAYMENT FROM CLASS 3 ASSESSMENTS. (a) Losses in a catastrophe year not paid under Sections 2210.0715 (Payment from Reserves and Trust Fund), 2210.072, 2210.0725, 2210.073, 2210.074, and 2210.0741 shall be paid as provided by this section from Class 3 member assessments not to exceed $250 million for that catastrophe year.

(b)

The association, with the approval of the commissioner, shall notify each member of the amount of the member’s assessment under this section. The proportion of the losses allocable to each insurer under this section shall be determined in the manner used to determine each insurer’s participation in the association for the year under Section 2210.052 (Member Participation in Association).

(c)

A member of the association may not recoup an assessment paid under this section through a premium surcharge or tax credit.
Added by Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 10, eff. September 1, 2015.

Source: Section 2210.0715 — Payment from Reserves and Trust Fund, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­2210.­htm#2210.­0715 (accessed Jun. 5, 2024).

2210.001
Purpose
2210.002
Short Title
2210.003
General Definitions
2210.004
Definition of Insurable Property
2210.005
Designation as Catastrophe Area
2210.006
Applicability of Chapter to Certain Insurers
2210.007
Immunity from Liability in General
2210.008
Department Orders
2210.009
List of Private Insurers
2210.010
Certain Conduct in Dispute Resolution Prohibited
2210.012
Standards of Conduct: Board of Directors and Employees
2210.013
Certain Employment and Contracts Prohibited
2210.014
Applicability of Certain Other Law
2210.015
Study of Market Incentives
2210.016
Agent Requirements
2210.0025
Biennial Report to Legislature
2210.051
Composition of Association
2210.052
Member Participation in Association
2210.053
Operation of Association
2210.054
Annual Statement
2210.055
Legal Counsel
2210.056
Use of Association Assets
2210.057
Examination of Association
2210.058
Audit of Association
2210.059
Claims Practices Audit
2210.060
Indemnification by Association
2210.061
Contractors and Managerial Employees: Compensation and Bonuses
2210.062
Administration by Contracted Administrator Authorized
2210.071
Payment of Excess Losses
2210.075
Reinsurance
2210.0081
Certain Actions Brought Against Association by Commissioner
2210.101
Accountable to Commissioner
2210.102
Composition
2210.103
Terms
2210.104
Officers
2210.105
Meetings
2210.106
Immunity of Director or Officer from Liability
2210.107
Primary Board Objectives
2210.108
Open Meetings and Open Records
2210.109
Disclosure of Conflicts
2210.151
Adoption of Plan of Operation
2210.152
Contents of Plan of Operation
2210.153
Amendments to Plan of Operation
2210.201
Definition of Insurable Interest
2210.202
Application for Coverage
2210.203
Issuance of Coverage
2210.204
Cancellation of Certain Coverage
2210.205
Required Policy Provisions: Deadline for Filing Claim
2210.207
Windstorm and Hail Insurance: Replacement Cost Coverage
2210.208
Windstorm and Hail Insurance: Coverage for Certain Indirect Losses
2210.209
Windstorm and Hail Insurance: Coverage for Certain Property Located over Water
2210.210
Coverage of Certain Structures Prohibited
2210.251
Plan of Operation Compliance Requirements
2210.252
International Residential Code Building Specifications
2210.253
Insurer Assessment: First Tier Coastal County
2210.254
Qualified Inspectors
2210.256
Disciplinary Proceedings Regarding Appointed Inspectors and Certain Other Persons
2210.257
Deposit of Fees
2210.258
Compliance with Building Codes
2210.259
Surcharge for Certain Noncompliant Structures
2210.351
Association Filings
2210.352
Manual Rate Filings: Annual Filing
2210.353
Manual Rate Filings: Amended Annual Filing
2210.354
Manual Rate Filings: Additional Supporting Information
2210.355
General Rate Requirements
2210.357
Rate Classifications
2210.358
Experience Data
2210.359
Limitation on Certain Rate Changes
2210.361
Association Recommendations Regarding Reductions in Coverages or Increases in Deductibles
2210.362
Implied Consent by Applicant for Insurance Coverage
2210.363
Premium Discounts
2210.451
Definition
2210.452
Establishment and Use of Trust Fund
2210.453
Funding Levels
2210.454
Mitigation and Preparedness Plan
2210.455
Catastrophe Plan
2210.501
Maximum Liability Limits
2210.502
Adjustments to Maximum Liability Limits
2210.503
Filing of Proposed Adjustments with Commissioner
2210.504
Commissioner Action on Proposed Adjustments
2210.505
Reinsured Excess Limits
2210.506
Exception from Certain Administrative Procedures
2210.551
Appeals
2210.554
Voluntary Arbitration of Certain Coverage and Claim Disputes
2210.571
Definitions
2210.572
Exclusive Remedies and Limitation on Award
2210.573
Filing of Claim
2210.574
Disputes Concerning Amount of Accepted Coverage
2210.575
Disputes Concerning Denied Coverage
2210.576
Issues Brought to Suit
2210.577
Limitations Period
2210.578
Expert Panel
2210.579
Construction with Other Law
2210.580
Rulemaking
2210.581
Commissioner Extension of Deadlines
2210.582
Ombudsman Program
2210.601
Purpose
2210.602
Definitions
2210.603
Applicability of Other Laws
2210.604
Issuance of Public Securities Authorized
2210.605
Terms of Issuance
2210.606
Additional Covenants
2210.607
Public Security Proceeds
2210.608
Use of Public Security Proceeds
2210.609
Repayment of Association’s Public Security Obligations
2210.610
Public Security Payments
2210.611
Excess Revenue Collections and Investment Earnings
2210.614
Refinancing Public Securities
2210.615
Source of Payment
2210.616
State Not to Impair Public Security Obligations
2210.617
Enforcement by Mandamus
2210.618
Exemption from Taxation
2210.619
No Personal Liability
2210.620
Authorized Investments
2210.651
Definition
2210.652
Composition of Board
2210.653
Powers and Duties of Board
2210.654
Report
2210.701
Depopulation Program
2210.702
Assumption Reinsurance Depopulation
2210.703
Renewal of Reinsured Policies
2210.704
Confidentiality of Information
2210.705
Transfer of Policies
2210.0715
Payment from Reserves and Trust Fund
2210.1031
Training
2210.1051
Meetings of Board of Directors
2210.1052
Emergency Meeting
2210.2031
Automatic Renewal
2210.2032
Premium Payment Methods
2210.2041
Nonrefundable Surcharge
2210.2515
Issuance of Certificates of Compliance
2210.2551
Enforcement Authority
2210.3511
Public Access to Rate Adequacy Analysis
2210.3512
Requirement for Vote on Rate Filing
2210.4521
Investment of Trust Fund Balances
2210.5731
Payment of Claim
2210.5732
Supplemental Payments
2210.5741
Replacement Cost Coverage Claim Processing
2210.6165
Property Rights

Accessed:
Jun. 5, 2024

§ 2210.0715’s source at texas​.gov