Tex. Ins. Code Section 463.153
Amount of Assessments


(a)

The board shall determine the amount of a Class A assessment for each account under Section 463.105 (Accounts), considering with respect to member insurers one or more of the following as shown by annual statements for the year preceding the date of the assessment:

(1)

annual premium receipts;

(2)

admitted assets; or

(3)

insurance in force.

(b)

Class B assessments on a member insurer for each account under Section 463.105 (Accounts) shall be authorized and called in the proportion that the premiums received on business in this state by the member insurer on policies or contracts covered by each account for the three most recent calendar years for which information is available preceding the year in which the impaired or insolvent member insurer became impaired or insolvent bear to premiums received on business in this state for those calendar years by all assessed member insurers. Except for assessments related to long-term care insurance as described by Subsection (b-1), the amount of a Class B assessment shall be allocated among the separate accounts in accordance with an allocation formula that may be based on:

(1)

the premiums or reserves of the impaired or insolvent insurer; or

(2)

any other standard deemed by the board in the board’s sole discretion as being fair and reasonable under the circumstances.

(b-1)

The amount of a Class B assessment for long-term care insurance written by an impaired or insolvent member insurer shall be allocated according to a methodology included in the plan of operation and approved by the commissioner. The methodology must provide for 50 percent of the assessment to be allocated to accident and health member insurers and 50 percent to be allocated to life and annuity member insurers. This subsection does not apply to a rider to a member insurer’s life insurance policy or annuity contract that provides long-term care benefits.

(c)

The total amount of assessments on a member insurer for each account under Section 463.105 (Accounts) may not in one calendar year exceed two percent of the insurer’s average annual premiums on the policies covered by the account during the three calendar years preceding the year in which the impaired or insolvent member insurer became an impaired or insolvent insurer. If two or more assessments are authorized in a calendar year with respect to member insurers that become impaired or insolvent in different calendar years, the average annual premiums for purposes of the aggregate assessment percentage limitation described by this subsection shall be equal to the higher of the three-year average annual premiums for the applicable subaccount or account as computed in accordance with this section. If the maximum assessment and the other assets of the association do not provide in a year an amount sufficient to carry out the association’s responsibilities, the association shall make necessary additional assessments as soon as this chapter permits.
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.016(c), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.016(c), eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 14 (S.B. 567), Sec. 6, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 11, eff. September 1, 2019.

Source: Section 463.153 — Amount of Assessments, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­463.­htm#463.­153 (accessed Apr. 13, 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:
Apr. 13, 2024

§ 463.153’s source at texas​.gov