Tex. Ins. Code Section 2602.202
Amount of Assessment; Proration of Payment


(a)

The association shall assess title insurance companies the amount necessary to pay:

(1)

the association’s obligations under this chapter and the expenses of handling covered claims subsequent to an impairment; and

(2)

other expenses authorized by this chapter.

(b)

The assessment of each title insurance company must be in the proportion that the net direct written premiums of that company in this state for the calendar year preceding the assessment bear to the net direct written premiums of all title insurance companies for that year. Assessments and supplemental assessments may be made in consecutive years until the association has collected an amount sufficient to pay the obligations and expenses described under Subsection (a). The association may make a supplemental assessment only against the same title insurance companies and in the same proportion for each company as the initial assessment.

(c)

The total assessment of a title insurance company in a year may not exceed an amount equal to two percent of the company’s net direct written premiums for the calendar year preceding the assessment. If the maximum assessment and the association’s other assets are insufficient in any one year to make all necessary payments, the money available shall be prorated and the unpaid portion shall be paid as soon as money becomes available.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 775 (H.B. 1614), Sec. 17, eff. September 1, 2019.

Source: Section 2602.202 — Amount of Assessment; Proration of Payment, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­2602.­htm#2602.­202 (accessed Apr. 29, 2024).

2602.001
Short Title
2602.002
Purposes and Findings
2602.003
Definitions
2602.004
Description of Control
2602.005
Applicability
2602.006
Construction
2602.007
Prohibited Use of Protection Provided by Chapter
2602.008
Immunity
2602.009
Association and Title Insurance Companies as Interested Parties
2602.010
Rules
2602.011
Information Provided by and to Commissioner
2602.012
Appeals
2602.013
Venue
2602.051
Association as Legal Entity
2602.052
Board of Directors
2602.053
Eligibility to Serve as Public Representative
2602.054
Term
2602.055
Compensation of Board Members
2602.057
Rights of Title Insurance Company with Representative on Board
2602.101
General Powers and Duties
2602.102
Plan of Operation
2602.103
Employees and Experts
2602.104
Association Records
2602.105
Meeting by Conference Call
2602.106
Accounts
2602.107
Administrative Expenses
2602.108
Deposit of Fees and Assessments
2602.109
Use of Excess Money in Accounts
2602.110
Expenses of Administering Impaired Insurer or Impaired Agent
2602.111
Delegation of Powers and Duties
2602.112
Exemption from Taxation
2602.113
Detection and Prevention of Impairment
2602.114
Meeting of Board on Impaired Title Insurance Company or Agent
2602.115
Association and Board Advice and Assistance
2602.116
Board Access to Records
2602.117
Board Report at Conclusion of Impairment
2602.151
Payment of Fee
2602.152
Amount of Fee
2602.153
Use of Fee
2602.154
Enforcement of Fee
2602.201
Making of Assessment
2602.202
Amount of Assessment
2602.203
Notice and Payment
2602.204
Exemption for Impaired Title Insurance Company
2602.205
Deferment
2602.206
Participation Receipts
2602.207
Accounting
2602.208
Use of Assessments
2602.209
Failure to Pay
2602.210
Recovery of Assessment in Rates
2602.251
Covered Claims in General
2602.252
Claim Against Trust Funds or Escrow Account
2602.253
Claim in Connection with Fidelity of Agent
2602.254
Certain Conservator and Receiver Expenses Covered
2602.255
Claims Not Covered
2602.256
Amount of Covered Claim
2602.257
Exhaustion of Other Rights Required
2602.258
Certain Money Authorized for Use in Paying Covered Claim
2602.259
Stay of Proceedings
2602.260
Admissibility of Payment
2602.261
Appeal of Claim Determination
2602.301
General Powers and Duties of Association in Connection with Payment of Covered Claims
2602.302
Payment of Covered Claims
2602.303
Servicing Facility
2602.304
Advance as Loan
2602.305
Association in Place of Impaired Title Insurance Company or Agent
2602.306
Assignment of Claimant’s Rights
2602.307
Settlement by Association Binding
2602.308
Report to Receiver
2602.351
Determination of Conservator Concerning Reinsurance, Assumption, or Substitution
2602.352
Notice of Determination Concerning Actual Payment
2602.353
Filing of Covered Claim
2602.354
Claim by Person with Cause of Action Against Insured
2602.355
Report to Association
2602.401
Issuance or Renewal of Policies
2602.402
Distributions to Shareholders and Affiliates
2602.403
Assets Attributable to Covered Policies
2602.451
Applicability
2602.452
Actions for Certain Agents
2602.453
Authority of Association

Accessed:
Apr. 29, 2024

§ 2602.202’s source at texas​.gov