Tex. Ins. Code Section 463.101
General Powers and Duties


(a)

The association may:

(1)

enter into contracts as necessary or proper to carry out this chapter and the purposes of this chapter;

(2)

sue or be sued, including taking:

(A)

necessary or proper legal action to:
(i)
recover an unpaid assessment under Subchapter D; or
(ii)
settle a claim or potential claim against the association; or

(B)

necessary legal action to avoid payment of an improper claim;

(3)

borrow money to effect the purposes of this chapter;

(4)

exercise, for the purposes of this chapter and to the extent approved by the commissioner, the powers of a domestic life, accident, or health insurance company, a health maintenance organization, or a group hospital service corporation, except that the association may not issue an insurance policy or annuity contract other than to perform the association’s obligations under this chapter;

(5)

unless prohibited by other law, implement or file for an actuarially justified rate or premium increase in accordance with the terms and conditions of a covered policy or contract;

(6)

to further the association’s purposes, exercise the association’s powers, and perform the association’s duties, join an organization of one or more state associations that have similar purposes;

(7)

request information from a person seeking coverage from the association in determining its obligations under this chapter with respect to the person, and the person shall promptly comply with the request; and

(8)

take any other necessary or appropriate action to discharge the association’s duties and obligations under this chapter or to exercise the association’s powers under this chapter.

(b)

If not in default, a note or other evidence of indebtedness of the association is a legal investment for a domestic insurer and may be carried as an admitted asset.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.015(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.015(a), eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 7, eff. September 1, 2019.

Source: Section 463.101 — General Powers and Duties, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­463.­htm#463.­101 (accessed Mar. 23, 2024).

463.001
Short Title
463.002
Purpose
463.003
General Definitions
463.004
Construction
463.005
Immunity
463.006
Rules
463.007
Construction of Long-term Care Rider
463.0031
Definition of Principal Place of Business of Plan Sponsor or Other Person
463.0032
Use of Terms Policy and Contract
463.051
Purpose and Regulation of Association
463.052
Required Participation in Association
463.053
Board of Directors
463.054
Eligibility to Serve as Public Representative
463.055
Term
463.056
Compensation of Board Members
463.057
Financial Statement of Board Member
463.058
Conflict of Interest
463.059
Meetings by Telephone and Videoconference
463.101
General Powers and Duties
463.102
Plan of Operation
463.103
Personnel
463.104
Association Records
463.105
Accounts
463.106
Delegation of Powers and Duties
463.107
Exemption from Taxation
463.108
Detection and Prevention of Impairment and Insolvency
463.109
Association Appearance Before Court
463.110
Annual Report
463.111
Board and Association Advice and Assistance
463.112
Board Access to Records
463.113
Board Report at Conclusion of Insolvency
463.114
Summary Document
463.151
Making and Payment of Assessment
463.152
Classes of Assessments
463.153
Amount of Assessments
463.154
Deferment
463.155
Deposit of Assessments
463.156
Certificate of Contribution
463.157
Refunds
463.158
Use of Assessments
463.159
Failure to Pay
463.160
Premium Tax Credit for Class a Assessment
463.161
Premium Tax Credit for Class B Assessment
463.162
Assignment or Transfer of Credit
463.163
Insured’s Liability Under Assessment Plan
463.201
Persons Covered
463.202
Policies and Contracts Covered
463.203
Policies and Contracts Excluded
463.204
Obligations Excluded
463.205
Protection Provided by Other Jurisdiction
463.206
Association Discretion in Manner of Providing Benefits
463.251
Impaired Domestic Insurer
463.252
Impaired Domestic, Foreign, or Alien Insurer Not Paying Claims
463.253
Insolvent Insurer
463.254
Life or Health Insurance Policies or Contracts
463.255
Policy or Contract with Guaranteed Interest Rate
463.256
Alternative Policy
463.257
Imposition of Lien or Moratorium
463.258
Premium for Reissuance of Terminated Coverage
463.259
Premium Due During Receivership
463.260
Limits on and Termination of Association Obligation
463.261
Assignment of Rights
463.262
Effect of Subrogation and Assignment of Rights and Available Assets on Association Obligation
463.263
Deposit to Be Paid to Association
463.264
Reinsurance
463.301
Issuance or Renewal of Policies Following Conservatorship or Receivership
463.302
Distributions to Shareholders and Affiliates
463.303
Assets Attributable to Covered Policies
463.304
Distribution of Ownership Rights of Impaired or Insolvent Insurer
463.351
Notice of Commissioner Actions
463.352
Advice from Board
463.353
Examination
463.354
Demand to Cure Impairment
463.355
Failure to Comply with Plan of Operation
463.356
Assumption of Powers and Duties of Association
463.357
Notification of Effect of Chapter
463.358
Statement of Premiums
463.401
Appeal to Commissioner
463.402
Venue
463.403
Appeal Bond
463.404
Stay of Proceedings
463.451
Prohibited Use of Protection Provided by Chapter

Accessed:
Mar. 23, 2024

§ 463.101’s source at texas​.gov