insurance code chapter 463. texas life, accident, health, and

INSURANCE CODECHAPTER 463. TEXAS LIFE, ACCIDENT, HEALTH, AND HOSPITAL SERVICE

INSURANCE GUARANTY ASSOCIATIONSUBCHAPTER A. GENERAL PROVISIONS

Sec. 463.001.AASHORT TITLE.AAThis chapter may be cited as theTexas Life, Accident, Health, and Hospital Service InsuranceGuaranty Association Act.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:

Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.012(b), eff.September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.012(b), eff.September 1, 2007.

Sec. 463.002.AAPURPOSE.A The purpose of this chapter is toprotect, subject to certain limitations, a person specified bySection 463.201 against failure in the performance of a contractualobligation under a life, accident, or health insurance policy orannuity contract with respect to which this chapter providescoverage as determined under Subchapter E, because of theimpairment or insolvency of the member insurer that issued thepolicy or contract.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.003.AAGENERAL DEFINITIONS.AAIn this chapter:(1)AA"Association" means the Texas Life, Accident,

Health, and Hospital Service Insurance Guaranty Association.(1-a)AA"Benefit plan" means a specific employee, union,

or association of natural persons benefit plan.(2)AA"Board" means the board of directors of the

association.(3)AA"Contractual obligation" means an obligation

under a policy or contract or certificate under a group policy orcontract, or part of a policy or contract or certificate, for whichcoverage is provided under Subchapter E.

(4)AA"Covered policy" means a policy or contract, orportion of a policy or contract, with respect to which this chapterprovides coverage as determined under Subchapter E.

(5)AA"Impaired insurer" means a member insurer that isdesignated an "impaired insurer" by the commissioner and is:

(A)AAplaced by a court in this state or anotherstate under an order of supervision, liquidation, rehabilitation,or conservation;

(B)AAplaced under an order of liquidation orrehabilitation under Chapter 443; or

(C)AAplaced under an order of supervision orconservation by the commissioner under Chapter 441.

(6)AA"Insolvent insurer" means a member insurer thathas been placed under an order of liquidation with a finding ofinsolvency by a court in this state or another state.

(7)AA"Member insurer" means an insurer that is requiredto participate in the association under Section 463.052.

(7-a)AA"Owner" means the owner of a policy or contractand "policy owner" and "contract owner" mean the person who isidentified as the legal owner under the terms of the policy orcontract or who is otherwise vested with legal title to the policyor contract through a valid assignment completed in accordance withthe terms of the policy or contract and is properly recorded as theowner on the books of the insurer.AAThe terms "owner," "contractowner," and "policy owner" do not include persons with a merebeneficial interest in a policy or contract.

(8)AA"Person" means an individual, corporation,limited liability company, partnership, association, governmentalbody or entity, or voluntary organization.

(8-a)AA"Plan sponsor" means:(A)AAthe employer in the case of a benefit plan

established or maintained by a single employer;(B)AAthe employee organization in the case of a

benefit plan established or maintained by an employee organization;or

(C)AAin a case of a benefit plan established ormaintained by two or more employers or jointly by one or moreemployers and one or more employee organizations, the association,committee, joint board of trustees, or other similar group ofrepresentatives of the parties who establish or maintain thebenefit plan.

(9)AA"Premium" means an amount received on a covered

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policy, less any premium, consideration, or deposit returned on thepolicy, and any dividend or experience credit on the policy.AATheterm does not include:

(A)AAan amount received for a policy or contractor part of a policy or contract for which coverage is not providedunder Section 463.202, except that assessable premiums may not bereduced because of:

(i)AAan interest limitation provided bySection 463.203(b)(3); or

(ii)AAa limitation provided by Section463.204 with respect to a single individual, participant,annuitant, or contract owner;

(B)AApremiums in excess of $5 million on anunallocated annuity contract not issued under a governmentalbenefitAAplan established under Section 401, 403(b), or 457,Internal Revenue Code of 1986;

(C)AApremiums received from the state treasury orthe United States treasury for insurance for which this state or theUnited States contracts to:

(i)AAprovide welfare benefits to designatedwelfare recipients; or

(ii)AAimplement Title 2, Human ResourcesCode, or the Social Security Act (42 U.S.C. Section 301 et seq.); or

(D)AApremiums in excess of $5 million with respectto multiple nongroup policies of life insurance owned by one owner,regardless of whether the policy owner is an individual, firm,corporation, or other person and regardless of whether the personsinsured are officers, managers, employees, or other persons,regardless of the number of policies or contracts held by the owner.

(10)AA"Resident" means a person who resides in thisstate on the earlier of the date a member insurer becomes animpaired insurer or the date of entry of a court order thatdetermines a member insurer to be an impaired insurer or the date ofentry of a court order that determines a member insurer to be aninsolvent insurer and to whom the member insurer owes a contractualobligation.AAFor the purposes of this subdivision:

(A)AAa person is considered to be a resident ofonly one state;

(B)AAa person other than an individual isconsidered to be a resident of the state in which the person ’sprincipal place of business is located; and

(C)AAa United States citizen who is either aresident of a foreign country or a resident of a United Statespossession, territory, or protectorate that does not have anassociation similar to the association created by this chapter isconsidered a resident of the state of domicile of the insurer thatissued the policy or contract.

(10-a)AA"Structured settlement annuity" means anannuity purchased to fund periodic payments for a plaintiff orother claimant in payment for or with respect to personal injurysuffered by the plaintiff or other claimant.

(11)AA"Supplemental contract" means a writtenagreement for the distribution of policy or contract proceeds.

(12)AA"Unallocated annuity contract" means an annuitycontract or group annuity certificate that is not issued to andowned by an individual, except to the extent of any annuity benefitsguaranteed to an individual by an insurer under the contract orcertificate.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:

Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.013(a), eff.September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.013(a), eff.September 1, 2007.

Sec. 463.0031.AADEFINITION OF PRINCIPAL PLACE OF BUSINESS OFPLAN SPONSOR OR OTHER PERSON.A (a)AAExcept as otherwise provided bythis section, in this chapter, the "principal place of business" ofa plan sponsor or a person other than an individual means the singlestate in which the individuals who establish policy for thedirection, control, and coordination of the operations of the plansponsor or person as a whole primarily exercise that function, asdetermined by the association in its reasonable judgment byconsidering the following factors:

(1)AAthe state in which the primary executive andadministrative headquarters of the plan sponsor or person is

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located;(2)AAthe state in which the principal office of the

chief executive officer of the plan sponsor or person is located;(3)AAthe state in which the board of directors, or

similar governing person or persons, of the plan sponsor or personconduct the majority of their meetings;

(4)AAthe state in which the executive or managementcommittee of the board of directors, or similar governing person orpersons, of the plan sponsor or person conduct the majority of theirmeetings;

(5)AAthe state from which the management of the overalloperations of the plan sponsor or person is directed; and

(6)AAin the case of a benefit plan sponsored byaffiliated companies comprising a consolidated corporation, thestate in which the holding company or controlling affiliate has itsprincipal place of business as determined using the factorsdescribed by Subdivisions (1)-(5).

(b)AAIn the case of a plan sponsor, if more than 50 percent ofthe participants in the benefit plan are employed in a single state,that state is the principal place of business of the plan sponsor.

(c)AAThe principal place of business of a plan sponsor of abenefit plan described in Section 463.003(8-a)(C) is the principalplace of business of the association, committee, joint board oftrustees, or other similar group of representatives of the partieswho establish or maintain the benefit plan that, in lieu of aspecific or clear designation of a principal place of business,shall be deemed to be the principal place of business of theemployer or employee organization that has the largest investmentin that benefit plan.Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.013(b), eff.September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.013(b), eff.September 1, 2007.

Sec. 463.004.AACONSTRUCTION.A This chapter shall beliberally construed to implement the purpose of this chapterdescribed by Section 463.002. Section 463.002 shall be used to aidand guide interpretation of this chapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.005.AAIMMUNITY.A (a)AAThe following persons are notliable, and a cause of action does not arise against any of thefollowing persons, for a good faith act or omission in exercisingpowers and performing duties under this chapter:

(1)AAthe commissioner or the commissioner ’srepresentative;

(2)AAthe association or the association’s agent oremployee;

(3)AAa member insurer or the insurer ’s agent oremployee;

(4)AAa board member;(5)AAthe receiver; and(6)AAa special deputy receiver or the special deputy

receiver’s agent or employee.(b)AAImmunity under Subsection (a) extends to participation

in an organization of one or more state associations that havesimilar purposes and to a similar organization and theorganization’s agent or employee.

(c)AAThe attorney general shall defend any action to whichthis section applies that is brought against the commissioner orthe commissioner’s representative, the association or theassociation’s agent or employee, a member insurer or the insurer ’sagent or employee, a board member, or a special deputy receiver orthe special deputy receiver’s agent or employee, including anaction brought after the defendant’s service with the association,commissioner, or department has terminated.AAThis subsection doesnot require the attorney general to defend a person with respect toan issue other than the applicability or effect of the immunitycreated by this section.AAThe attorney general is not required todefend the association or the association ’s agent or employee, amember insurer or the insurer’s agent or employee, a board member,or a special deputy receiver or the special deputy receiver ’s agentor employee against an action regarding the disposition of a claimfiled with the association under this chapter or any issue otherthan the applicability or effect of the immunity created by thissection.AAThe association may contract with the attorney generalunder Chapter 771, Government Code, for legal services not covered

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by this subsection.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.006.AARULES.A The commissioner shall adoptreasonable rules as necessary to carry out and supplement thischapter and the purposes of this chapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

SUBCHAPTER B. GOVERNANCE OF AND PARTICIPATION IN ASSOCIATIONSec. 463.051.AAPURPOSE AND REGULATION OF ASSOCIATION.A

(a)AAThe Texas Life, Accident, Health, and Hospital ServiceInsurance Guaranty Association is a nonprofit legal entity existingto pay benefits and continue coverage as provided by this chapter.

(b)AAThe association is subject to the applicable provisionsof this code and other insurance laws of this state and theimmediate supervision of the commissioner.AAThe commissioner mayexamine and regulate the association in the same manner as aninsurer under this code.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.052.AAREQUIRED PARTICIPATION IN ASSOCIATION.A(a)AAAs a condition of engaging in the business of insurance in thisstate, an insurer, including a mutual assessment company, a localmutual aid association, a statewide mutual assessment company, anda stipulated premium company authorized to engage in business inthis state, shall participate as a member of the association if theinsurer holds a certificate of authority to engage in a kind ofinsurance business in this state with respect to which this chapterprovides coverage as determined under Subchapter E.AATherequirement to participate applies regardless of whether theinsurer’s certificate of authority in this state is suspended,revoked, not renewed, or voluntarily withdrawn.

(b)AAThe following do not participate as member insurers:(1)AAa health maintenance organization;(2)AAa fraternal benefit society;(3)AAa mandatory state pooling plan;(4)AAa reciprocal or interinsurance exchange;(5)AAan organization which has a certificate of

authority or license limited to the issuance of charitable giftannuities, as defined by this code or rules adopted by thecommissioner; and

(6)AAan entity similar to an entity described bySubdivision (1), (2), (3), (4), or (5).Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:

Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.013(c), eff.September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.013(c), eff.September 1, 2007.

Sec. 463.053.AABOARD OF DIRECTORS.A (a) The association ’spowers are exercised through a board of directors consisting ofnine individuals appointed by the commissioner as provided by thissection.

(b)AAThe commissioner shall appoint three board members fromofficers or employees of the 50 member insurers having the largesttotal direct premium income according to the most recent financialstatement on file on the date of appointment.

(c)AATo give fair representation to member insurers, thecommissioner shall appoint two board members from member insurersother than insurers described by Subsection (b), considering thevarying categories of premium income and geographical location.

(d)AAThe commissioner shall appoint four board members whoare public representatives.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.054.AAELIGIBILITY TO SERVE AS PUBLICREPRESENTATIVE.A To be eligible to serve as a publicrepresentative, an individual may not:

(1)AAbe an officer, director, or employee of aninsurer, insurance agency, agent, broker, solicitor, adjuster, orother business entity regulated by the department;

(2)AAbe a person required to register under Chapter305, Government Code; or

(3)AAbe related within the second degree by affinity or

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consanguinity to a person described by Subdivision (1) or (2).Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.055.AATERM; VACANCY.A (a)AABoard members servestaggered six-year terms, with the terms of three members expiringeach odd-numbered year.AAA member may be reappointed.

(b)AAA board member shall serve until a successor isappointed.

(c)AAIf a board member who is an officer or employee of amember insurer ceases to be an officer or employee of the insurer,the member’s office becomes vacant.

(d)AAThe commissioner shall appoint an individual to fill avacancy on the board for the unexpired term.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.056.AACOMPENSATION OF BOARD MEMBERS.A A boardmember may not receive compensation from the association for themember’s services but may be reimbursed from the association ’sassets for expenses incurred as a board member.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.057.AAFINANCIAL STATEMENT OF BOARD MEMBER.A Eachboard member shall file with the Texas Ethics Commission afinancial statement as provided by Subchapter B, Chapter 572,Government Code.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.058.AACONFLICT OF INTEREST.A (a)AAIn this section,"transaction on behalf of an impaired insurer" includes areinsurance agreement, transaction, merger, purchase, sale,contribution, or exchange of assets, insurance policies, orproperty made by the association or a supervisor, conservator, orreceiver on behalf of an impaired insurer.

(b)AAA board member may not:(1)AAreceive money or another thing of value for

negotiating, procuring, participating in, recommending, oraidingAAa transaction on behalf of an impaired insurer; or

(2)AAas a principal, coprincipal, agent, orbeneficiary, have a pecuniary interest in a transaction on behalfof an impaired insurer.

(c)AAFor the purposes of this section, a board member isconsidered to receive a thing of value or have a pecuniary interestin a transaction on behalf of an impaired insurer regardless ofwhether the receipt or interest is direct, indirect, or through asubstantial interest in a corporation, firm, or other businessunit.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

SUBCHAPTER C. GENERAL POWERS AND DUTIES OF ASSOCIATIONSec. 463.101.AAGENERAL POWERS AND DUTIES.A (a)AAThe

association may:(1)AAenter into contracts as necessary or proper to

carry out this chapter and the purposes of this chapter;(2)AAsue or be sued, including taking:

(A)AAnecessary or proper legal action to:(i)AArecover an unpaid assessment under

Subchapter D; or(ii)AAsettle a claim or potential claim

against the association; or(B)AAnecessary legal action to avoid payment of an

improper claim;(3)AAborrow money to effect the purposes of this

chapter;(4)AAexercise, for the purposes of this chapter and to

the extent approved by the commissioner, the powers of a domesticlife, accident, or health insurance company or a group hospitalservice corporation, except that the association may not issue aninsurance policy or annuity contract other than to perform theassociation’s obligations under this chapter;

(5)AAto further the association’s purposes, exercisethe association ’s powers, and perform the association ’s duties,join an organization of one or more state associations that havesimilar purposes;

(6)AArequest information from a person seeking coveragefrom the association in determining its obligations under thischapter with respect to the person, and the person shall promptlycomply with the request; and

(7)AAtake any other necessary or appropriate action todischarge the association’s duties and obligations under thischapter or to exercise the association ’s powers under this chapter.

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(b)AAIf not in default, a note or other evidence ofindebtedness of the association is a legal investment for adomestic insurer and may be carried as an admitted asset.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.102.AAPLAN OF OPERATION; AMENDMENTS.A (a)AATheassociation shall perform the association’s functions under a planof operation approved by the commissioner.AAThe plan of operationmust:

(1)AAestablish:(A)AAprocedures for handling the assets of the

association;(B)AAthe amount and method of reimbursing board

members under Section 463.056;(C)AAregular places and times for board meetings,

including telephone conference calls;(D)AAprocedures for maintaining records of all

financial transactions of the association, the association’sagents, and the board; and

(E)AAadditional procedures for assessments underSubchapter D; and

(2)AAcontain additional provisions necessary or properfor the execution of the association’s powers and duties.

(b)AAThe association may amend the plan of operation.AAAnamendment must be approved by the commissioner and takes effect on:

(1)AAthe date the commissioner approves the amendment;or

(2)AAthe 30th day after the date the amendment issubmitted to the commissioner for approval, if the commissionerdoes not approve or disapprove the amendment before the 30th day.

(c)AAEach member insurer shall comply with the plan ofoperation.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.103.AAPERSONNEL.A The association may employ orretain employees or contractors to handle the association ’sfinancial transactions and to perform other functions under thischapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.104.AAASSOCIATION RECORDS.A (a)AAThe associationshall maintain a record of each negotiation or meeting in which theassociation or the association ’s representative discusses theassociation’s activities in carrying out the powers and dutiesunder Section 463.101, 463.103, 463.109, or 463.111(c) orSubchapter F.

(b)AAA record under Subsection (a) may be made public onlyon:

(1)AAtermination of a liquidation, rehabilitation, orconservation proceeding involving the impaired or insolventinsurer;

(2)AAtermination of the impairment or insolvency of theinsurer; or

(3)AAorder of a court.(c)AAThis section does not limit the association ’s duty to

report on the association ’s activities as required by Section463.110.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.105.AAACCOUNTS.A For the purposes of administrationand assessment, the association shall maintain:

(1)AAan accident, health, and hospital servicesinsurance account;

(2)AAa life insurance account;(3)AAan annuity account; and(4)AAan administrative account.

Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Sec. 463.106.AADELEGATION OF POWERS AND DUTIES.A (a) The plan

of operation may provide that, on approval of the board and thecommissioner, a power or duty of the association is delegated to acorporation or other organization that:

(1)AAperforms in two or more states functions similarto those of the association or the association ’s equivalent; and

(2)AAprovides protection not substantially less

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favorable and effective than that provided by this chapter.(b)AAA power or duty under Section 463.261(c) or Subchapter

D, other than a duty under Section 463.161(c), may not be delegatedunder this section.

(c)AAThe corporation or other organization to which a poweror duty is delegated shall be:

(1)AAreimbursed for a payment made on behalf of theassociation; and

(2)AApaid for performing any other function of theassociation.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.107.AAEXEMPTION FROM TAXATION.A The association isexempt from payment of all fees and all taxes levied by this stateor a subdivision of this state, except taxes levied on property.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.108.AADETECTION AND PREVENTION OF IMPAIRMENT ANDINSOLVENCY.A On a majority vote, the board:

(1)AAmay make recommendations to the commissioner fordetecting and preventing insurer insolvencies; and

(2)AAshall notify the commissioner of informationindicating that a member insurer may be impaired or insolvent.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.109.AAASSOCIATION APPEARANCE BEFORE COURT;INTERVENTION.A (a)AAThe association may appear before a court inthis state with jurisdiction over an impaired or insolvent insurerconcerning which the association is or may become obligated underthis chapter.AAThe association ’s right to appear applies to:

(1)AAa proposal for reinsuring, modifying, orguaranteeing the insurer’s policies or contracts;

(2)AAthe determination of the insurer’s policies orcontracts and contractual obligations; and

(3)AAany other matter germane to the association ’spowers and duties.

(b)AAThe association may appear or intervene before a courtin another state with jurisdiction over:

(1)AAan impaired or insolvent insurer concerning whichthe association is or may become obligated; or

(2)AAa third party against whom the association mayhave rights through subrogation of the insurer’s policyholders.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.110.AAANNUAL REPORT.A Not later than the 120th dayafter the last day of each association fiscal year, the board shallsubmit to the commissioner:

(1)AAa financial report in a form approved by thecommissioner; and

(2)AAa report of the association ’s activities duringthe preceding fiscal year.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.111.AABOARD AND ASSOCIATION ADVICE AND ASSISTANCE.A(a)AAOn a majority vote, the board may report and makerecommendations to the commissioner on any matter germane to:

(1)AAthe solvency, liquidation, rehabilitation, orconservation of a member insurer; or

(2)AAthe solvency of an insurer seeking to engage in thebusiness of insurance in this state.

(b)AAA report or recommendation under Subsection (a) is not apublic document, and Chapter 552, Government Code, does not applyto the report or recommendation until the insurer that is thesubject of the report or recommendation is designated as impaired.

(c)AAOn the commissioner ’s request, the association mayassist and advise the commissioner concerning rehabilitation,payment of claims, continuation of coverage, or the performance ofother contractual obligations of an impaired or insolvent insurer.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.112.AABOARD ACCESS TO RECORDS.A The receiver orstatutory successor of an impaired insurer shall give the board or arepresentative of the board:

(1)AAaccess to the insurer’s records as necessary forthe board to carry out the board’s functions under this chapterrelating to covered claims; and

(2)AAcopies of those records on the board ’s request andat the board’s expense.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.113.AABOARD REPORT AT CONCLUSION OF INSOLVENCY.A(a)AAAt the conclusion of an insurer insolvency in which the

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association was obligated to pay a covered claim, the board shallprepare and submit to the commissioner a report containing anyinformation the board possesses concerning the history and causesof the insolvency.

(b)AAThe board:(1)AAshall cooperate with the boards of directors of

guaranty associations in other states to prepare a report on thehistory and causes of the insolvency of a particular insurer; and

(2)AAmay adopt by reference a report prepared by any ofthose associations.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.114.AASUMMARY DOCUMENT; DISCLAIMER.A (a)AATheassociation shall prepare a summary document describing the generalpurposes and limitations of this chapter and amend the document asnecessary to comply with this chapter.AAThe document must clearlyand conspicuously contain on the document’s face a disclaimer that:

(1)AAstates the name and address of the association anddepartment;

(2)AAwarns the policy or contract holder that:(A)AAthe association may not cover the policy; or(B)AAcoverage, if available, is subject to

substantial limitations and exclusions and requires continuousresidence in this state;

(3)AAstates that an insurer and the insurer ’s agent areprohibited by law from using the association’s existence to sell,solicit, or induce the purchase of any kind of insurance;

(4)AAwarns the policy or contract holder not to rely onassociation coverage in selecting an insurer; and

(5)AAprovides other information the commissionerprescribes.

(b)AAThe association shall submit the document to thecommissioner for approval.

(c)AAAt the expiration of the 60th day after approval of thedocument, an insurer may not deliver a policy or contract withrespect to which this chapter provides coverage as determined underSubchapter E to a policy or contract holder before a copy of thesummary document is delivered to the policy or contractholder.AAThe document must also be available on request of apolicyholder.

(d)AAThe distribution, delivery, content, or interpretationof a summary document does not guarantee that a policy or contractor a policy or contract holder is provided coverage by this chapterif a member insurer becomes impaired or insolvent.AAFailure toreceive the document does not give an insured or policy, contract,or certificate holder any rights greater than those provided bythis chapter.

(e)AAAn insurer or agent may not deliver a policy or contractdescribed by Section 463.202 that is excluded from the coverageprovided by this chapter by Section 463.203 unless the insurer oragent, either before or in conjunction with delivery, gives thepolicy or contract holder a separate written notice clearly andconspicuously disclosing that the policy or contract is not coveredby the association.

(f)AAThe commissioner shall specify by rule the form andcontent of the disclaimer required by Subsection (a) and the noticerequired by Subsection (e).Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

SUBCHAPTER D. ASSESSMENTSSec. 463.151.AAMAKING AND PAYMENT OF ASSESSMENT.A (a)AAThe

association shall assess member insurers, separately for eachaccount under Section 463.105, in the amounts and at the times theboard determines necessary to provide money for the association toexercise the association ’s powers, perform the association’sduties, and carry out the purposes of this chapter.AATheassociation may not authorize and call an assessment to meet therequirements of the association with respect to an impaired orinsolvent insurer until the assessment is necessary to carry outthe purposes of this chapter.AAThe board shall classify assessmentsunder Section 463.152 and determine the amount of assessments withreasonable accuracy, recognizing that exact determinations may notalways be possible.

(a-1)AAThe association shall notify each member insurer ofits anticipated pro rata share of an authorized assessment not yetcalled not later than the 180th day after the date the assessment isauthorized.

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(b)AAAn assessment is due on the date the associationspecifies, which may not be earlier than the 30th day after the datethe association gives written notice of the assessment to memberinsurers.AAInterest accrues on an unpaid amount at a rate of 10percent beginning on the due date.

(c)AAAn insurer whose certificate of authority to engage inbusiness in this state is revoked or surrendered remains liable forany unpaid assessment made before the date of the revocation orsurrender.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.152.AACLASSES OF ASSESSMENTS.A (a)AAAssessments areclassified as Class A or Class B assessments.

(b)AAClass A assessments are authorized and called to pay:(1)AAthe association ’s administrative costs;(2)AAadministrative expenses that:

(A)AAare properly incurred under this chapter; and(B)AArelate to an unauthorized insurer or to an

entity that is not a member insurer; and(3)AAother general expenses not related to a particular

impaired or insolvent insurer.(c)AAClass B assessments are authorized and called to the

extent necessary for the association to carry out the association ’spowers and duties under Sections 463.101, 463.103, 463.109, and463.111(c) and Subchapter F with regard to an impaired or insolventinsurer.

(d)AAFor purposes of this section, an assessment isauthorized at the time a resolution by the board is passed underwhich an assessment will be called immediately or in the future frommember insurers for a specified amount and an assessment is calledat the time a notice has been issued by the association to memberinsurers requiring that an authorized assessment be paid within aperiod stated in the notice.AAAn authorized assessment becomes acalled assessment at the time notice is mailed by the association tomember insurers.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.153.AAAMOUNT OF ASSESSMENTS.A (a)AAThe board shalldetermine the amount of a Class A assessment for each account underSection 463.105, considering with respect to member insurers one ormore of the following as shown by annual statements for the yearpreceding the date of the assessment:

(1)AAannual premium receipts;(2)AAadmitted assets; or(3)AAinsurance in force.

(b)AAClass B assessments against a member insurer for eachaccount under Section 463.105 shall be authorized and called in theproportion that the premiums received on business in this state bythe insurer on policies or contracts covered by each account for thethree most recent calendar years for which information is availablepreceding the year in which the insurer became impaired orinsolvent bear to premiums received on business in this state forthose calendar years by all assessed member insurers.AAThe amountof a Class B assessment shall be allocated among the separateaccounts in accordance with an allocation formula that may be basedon:

(1)AAthe premiums or reserves of the impaired orinsolvent insurer; or

(2)AAany other standard deemed by the board in theboard’s sole discretion as being fair and reasonable under thecircumstances.

(c)AAThe total amount of assessments on a member insurer foreach account under Section 463.105 may not exceed two percent of theinsurer’s premiums on the policies covered by the account duringthe three calendar years preceding the year in which the insurerbecame an impaired or insolvent insurer.AAIf two or moreassessments are authorized in a calendar year with respect to

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insurers that become impaired or insolvent in different calendaryears, the average annual premiums for purposes of the aggregateassessment percentage limitation described by this subsectionshall be equal to the higher of the three-year average annualpremiums for the applicable subaccount or account as computed inaccordance with this section.AAIf the maximum assessment and theother assets of the association do not provide in a year an amountsufficient to carry out the association’s responsibilities, theassociation shall make necessary additional assessments as soon asthis chapter permits.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.154.AADEFERMENT.A The association may wholly orpartly defer an assessment of a member insurer if the associationbelieves payment of the assessment would endanger the ability ofthe insurer to fulfill the insurer’s contractual obligations.AATheamount of the assessment that is deferred may be assessed againstthe other member insurers in a manner consistent with thissubchapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.155.AADEPOSIT OF ASSESSMENTS.A The association maydeposit assessments into the Texas Treasury Safekeeping TrustCompany in accordance with procedures established by thecomptroller.AAThe comptroller shall account to the association forthe deposited money separately from all other money.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.156.AACERTIFICATE OF CONTRIBUTION.A The associationshall issue to each member insurer that pays a Class B assessment acertificate of contribution, in a form the commissioner prescribes,for the amount paid.AAAll outstanding certificates are of equalpriority regardless of the amount of the assessment paid or the datethe certificate is issued.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.157.AAREFUNDS.A (a)AAThe board may refund to memberinsurers the amount by which the association ’s assets, includingany net realized gains and income from investments, exceed theamount the board determines is necessary to carry out theassociation’s obligations regarding that amount during the nextyear.

(b)AAA refund must be made:(1)AAby an equitable method established in the plan of

operation; and(2)AAin proportion to the contribution of each member

insurer.(c)AAThe board may retain a reasonable amount to provide for

the association’s continuing expenses and for future losses ifrefunds are impractical.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.158.AAUSE OF ASSESSMENTS.A Money from assessmentssupplements the marshalling of an impaired insurer ’s assets to makepayments on the insurer’s behalf.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.159.AAFAILURE TO PAY; COLLECTION BY COMMISSIONER.AOn failure of a member insurer to pay an assessment when due, thecommissioner may either:

(1)AAsuspend or revoke, after notice and hearing, theinsurer’s certificate of authority to engage in the business ofinsurance in this state; or

(2)AAlevy a forfeiture in an amount not less than $100each month or more than five percent of the unpaid assessment eachmonth.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.160.AAPREMIUM TAX CREDIT FOR CLASS A ASSESSMENT.AThe amount of a Class A assessment paid by a member insurer shall beallowed as a credit on the amount of premium taxes due in the samemanner as a credit is allowed under Section 401.151(e).Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.161.AAPREMIUM TAX CREDIT FOR CLASS B ASSESSMENT.A(a)AAA member insurer is entitled to show as an admitted asset acertificate of contribution in the form the commissioner approvesunder Section 463.156.AAUnless the commissioner requires a longer

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period, the certificate may be shown at:(1)AAfor the calendar year of issuance, an amount equal

to the certificate ’s original face value approved by thecommissioner; and

(2)AAbeginning with the year following the calendaryear of issuance, an amount equal to the certificate’s originalface value, reduced by 20 percent a year for each year after theyear of issuance, for a period of five years.

(b)AAAn amount written off during a calendar year underSubsection (a) shall be allowed as a credit against the memberinsurer’s premium tax owed for business engaged in during thatyear.AAThe insurer is not required to write off in a single year anamount that exceeds the amount of premium tax owed for the businessdescribed by this subsection.

(c)AAThe association shall pay to the commissioner, and thecommissioner shall deliver to the comptroller for deposit to thecredit of the general revenue fund, any amount owed as a refund fromthe association under Section 463.157 that was written off and usedfor a tax credit under this section.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.162.AAASSIGNMENT OR TRANSFER OF CREDIT.A (a)AAAmember insurer may assign or transfer a credit against premium taxto another member insurer if:

(1)AAan acquisition, merger, or total assumption ofreinsurance occurs between the insurers; or

(2)AAthe commissioner by order approves the assignmentor transfer.

(b)AANot later than the later of November 1 or the 60th dayafter the date of the assignment or transfer, each member insurershall:

(1)AAreport the assignment or transfer to thecomptroller on a form the comptroller prescribes; and

(2)AAinclude with the report any documents from thecommissioner that show approval of the assignment or transfer.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.163.AAINSURED’S LIABILITY UNDER ASSESSMENT PLAN.AThis chapter does not reduce the liability for unpaid assessmentsof the insureds of an impaired or insolvent insurer operating undera plan with assessment liability.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

SUBCHAPTER E. COVERAGE PROVIDED BY ASSOCIATIONSec. 463.201.AAINSUREDS COVERED.A (a) Subject to Subsections

(b) and (c), this chapter provides coverage for a policy or contractdescribed by Section 463.202 to a person who is:

(1)AAa person, other than a certificate holder under agroup policy or contract who is not a resident, who is abeneficiary, assignee, or payee of a person described bySubdivision (2);

(2)AAa person who is an owner of or certificate holderunder a policy or contract specified by Section 463.202, other thanan unallocated annuity contract or structured settlement annuity,and who is:

(A)AAa resident;AAor(B)AAnot a resident, but only under all of the

following conditions:(i)AAthe insurers that issued the policies

or contracts are domiciled in this state;(ii)AAthe state in which the person resides

has an association similar to the association;AAand(iii)AAthe person is not eligible for

coverage by an association in any other state because the insurerwas not licensed in the state at the time specified in that state ’sguaranty association law;

(3)AAa person who is the owner of an unallocated annuitycontract issued to or in connection with:

(A)AAa benefit plan whose plan sponsor has thesponsor’s principal place of business in this state;AAor

(B)AAa government lottery, if the owner is aresident;AAor

(4)AAa person who is the payee under a structured

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settlement annuity, or beneficiary of the payee if the payee isdeceased, if:

(A)AAthe payee is a resident, regardless of wherethe contract owner resides;

(B)AAthe payee is not a resident, the contractowner of the structured settlement annuity is a resident, and thepayee is not eligible for coverage by the association in the statein which the payee resides; or

(C)AAthe payee and the contract owner are notresidents, the insurer that issued the structured settlementannuity is domiciled in this state, the state in which the contractowner resides has an association similar to the association, andneither the payee or, if applicable, the payee ’s beneficiary, northe contract owner is eligible for coverage by the association inthe state in which the payee or contract owner resides.

(b)AAThis chapter does not provide coverage to:(1)AAa person who is a payee or the beneficiary of a

payee with respect to a contract the owner of which is a resident ofthis state, if the payee or the payee ’s beneficiary is afforded anycoverage by the association of another state;AAor

(2)AAa person otherwise described by Subsection (a)(3),if any coverage is provided by the association of another state tothat person.

(c)AAThis chapter is intended to provide coverage to personswho are residents of this state, and in those limited circumstancesas described in this chapter, to nonresidents.AAIn order to avoidduplicate coverage, if a person who would otherwise receivecoverage under this chapter is provided coverage under the laws ofany other state, the person may not be provided coverage under thischapter.AAIn determining the application of the provisions of thissubsection in situations in which a person could be covered by theassociation of more than one state, whether as an owner, payee,beneficiary, or assignee, this chapter shall be construed inconjunction with other state laws to result in coverage by only oneassociation.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.202.AAPOLICIES AND CONTRACTS COVERED.A (a)AAExceptas limited by this chapter, the coverage provided by this chapter toa person specified by Section 463.201, subject to Sections463.201(b) and (c), applies with respect to the following policiesand contracts issued by a member insurer:

(1)AAa direct, nongroup life, health, accident,annuity, or supplemental policy or contract;

(2)AAa certificate under a direct group policy orcontract;

(3)AAa group hospital service contract; and(4)AAan unallocated annuity contract.

(b)AAThe coverage provided by this chapter also applies withrespect to all other insurance coverage written by the followingentities authorized to engage in business in this state:

(1)AAa mutual assessment company;(2)AAa local mutual aid association;(3)AAa statewide mutual assessment company; and(4)AAa stipulated premium company.

(c)AAFor the purposes of this section, an annuity contract ora certificate under a group annuity contract includes:

(1)AAa guaranteed investment contract;(2)AAa deposit administration contract;(3)AAan allocated or unallocated funding agreement;(4)AAa structured settlement annuity;(5)AAan annuity issued to or in connection with a

government lottery; and(6)AAan immediate or deferred annuity contract.

Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.203.AAPOLICIES AND CONTRACTS EXCLUDED.A (a)AAIn

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this section, "Moody’s Corporate Bond Yield Average" means themonthly average corporates as published by Moody ’s InvestorsService, Inc., or any successor to that entity.

(b)AAThis chapter does not provide coverage for:(1)AAany part of a policy or contract not guaranteed by

the insurer or under which the risk is borne by the policy orcontract owner;

(2)AAa policy or contract of reinsurance, unless anassumption certificate has been issued;

(3)AAany part of a policy or contract to the extent thatthe rate of interest on which that part is based:

(A)AAas averaged over the period of four yearsbefore the date the member insurer becomes impaired or insolventunder this chapter, whichever is earlier, exceeds a rate ofinterest determined by subtracting two percentage points fromMoody’s Corporate Bond Yield Average averaged for the samefour-year period or for a lesser period if the policy or contractwas issued less than four years before the date the member insurerbecomes impaired or insolvent under this chapter, whichever isearlier; and

(B)AAon and after the date the member insurerbecomes impaired or insolvent under this chapter, whichever isearlier, exceeds the rate of interest determined by subtractingthree percentage points from Moody ’s Corporate Bond Yield Averageas most recently available;

(4)AAa portion of a policy or contract issued to a planor program of an employer, association, similar entity, or otherperson to provide life, health, or annuity benefits to the entity ’semployees, members, or others, to the extent that the plan orprogram is self-funded or uninsured, including benefits payable byan employer, association, or similar entity under:

(A)AAa multiple employer welfare arrangement asdefined by Section 3, Employee Retirement Income Security Act of1974 (29 U.S.C. Section 1002);

(B)AAa minimum premium group insurance plan;(C)AAa stop-loss group insurance plan; or(D)AAan administrative services-only contract;

(5)AAany part of a policy or contract to the extent thatthe part provides dividends, experience rating credits, or votingrights, or provides that fees or allowances be paid to any person,including the policy or contract owner, in connection with theservice to or administration of the policy or contract;

(6)AAa policy or contract issued in this state by amember insurer at a time the insurer was not authorized to issue thepolicy or contract in this state;

(7)AAan unallocated annuity contract issued to or inconnection with a benefit plan protected under the federal PensionBenefit Guaranty Corporation, regardless of whether the PensionBenefit Guaranty Corporation has not yet become liable to make anypayments with respect to the benefit plan;

(8)AAany part of an unallocated annuity contract thatis not issued to or in connection with a specific employee, abenefit plan for a union or association of individuals, or agovernmental lottery;

(9)AAany part of a financial guarantee, fundingagreement, or guaranteed investment contract that:

(A)AAdoes not contain a mortality guarantee; and(B)AAis not issued to or in connection with a

specific employee, a benefit plan, or a governmental lottery;(10)AAa part of a policy or contract to the extent that

the assessments required by Subchapter D with respect to the policyor contract are preempted by federal or state law;

(11)AAa contractual agreement that established themember insurer’s obligations to provide a book value accountingguaranty for defined contribution benefit plan participants byreference to a portfolio of assets that is owned by the benefit planor the plan ’s trustee in a case in which neither the benefit plansponsor nor its trustee is an affiliate of the member insurer; or

(12)AAa part of a policy or contract to the extent thepolicy or contract provides for interest or other changes in valuethat are to be determined by the use of an index or externalreference stated in the policy or contract, but that have not beencredited to the policy or contract, or as to which the policy orcontract owner’s rights are subject to forfeiture, as of the datethe member insurer becomes an impaired or insolvent insurer under

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this chapter, whichever date is earlier, subject to Subsection (c).(c)AAFor purposes of determining the values that have been

credited and are not subject to forfeiture as described bySubsection (b)(12), if a policy’s or contract ’s interest or changesin value are credited less frequently than annually, the interestor change in value determined by using the procedures defined in thepolicy or contract is credited as if the contractual date ofcrediting interest or changing values is the earlier of the date ofimpairment or the date of insolvency, and is not subject toforfeiture.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.204.AAOBLIGATIONS EXCLUDED.AAA contractualobligation does not include:

(1)AAdeath benefits in an amount in excess of $300,000or a net cash surrender or net cash withdrawal value in an amount inexcess of $100,000 under one or more policies on a single life;

(2)AAan amount in excess of:(A)AA$100,000 in the present value under one or

more annuity contracts issued with respect to a single life underindividual annuity policies or group annuity policies; or

(B)AA$5 million in unallocated annuity contractbenefits with respect to a single contract owner regardless of thenumber of those contracts;

(3)AAan amount in excess of the following amounts,including any net cash surrender or cash withdrawal values, underone or more accident, health, accident and health, or long-termcare insurance policies on a single life:

(A)AA$500,000 for basic hospital,medical-surgical, or major medical insurance, as those terms aredefined by this code or rules adopted by the commissioner;

(B)AA$300,000 for disability and long-term careinsurance, as those terms are defined by this code or rules adoptedby the commissioner; or

(C)AA$200,000 for coverages that are not definedas basic hospital, medical-surgical, major medical, disability, orlong-term care insurance;

(4)AAan amount in excess of $100,000 in present valueannuity benefits, in the aggregate, including any net cashsurrender and net cash withdrawal values, with respect to eachindividual participating in a governmental retirement benefit planestablished under Section 401, 403(b), or 457, Internal RevenueCode of 1986 (26 U.S.C. Sections 401, 403(b), and 457), covered byan unallocated annuity contract or the beneficiary or beneficiariesof the individual if the individual is deceased;

(5)AAan amount in excess of $100,000 in present valueannuity benefits, in the aggregate, including any net cashsurrender and net cash withdrawal values, with respect to eachpayee of a structured settlement annuity or the beneficiary orbeneficiaries of the payee if the payee is deceased;

(6)AAaggregate benefits in an amount in excess of$300,000 with respect to a single life, except with respect to:

(A)AAbenefits paid under basic hospital,medical-surgical, or major medical insurance policies, describedby Subdivision (3)(A), in which case the aggregate benefits are$500,000; and

(B)AAbenefits paid to one owner of multiplenongroup policies of life insurance, whether the policy owner is anindividual, firm, corporation, or other person, and whether thepersons insured are officers, managers, employees, or otherpersons, in which case the maximum benefits are $5 millionregardless of the number of policies and contracts held by theowner;

(7)AAan amount in excess of $5 million in benefits, withrespect to either one plan sponsor whose plans own directly or intrust one or more unallocated annuity contracts not included inSubdivision (4) irrespective of the number of contracts withrespect to the contract owner or plan sponsor or one contract ownerprovided coverage under Section 463.201(a)(3)(B), except that, ifone or more unallocated annuity contracts are covered contractsunder this chapter and are owned by a trust or other entity for the

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benefit of two or more plan sponsors, coverage shall be afforded bythe association if the largest interest in the trust or entityowning the contract or contracts is held by a plan sponsor whoseprincipal place of business is in this state, and in no event shallthe association be obligated to cover more than $5 million inbenefits with respect to all these unallocated contracts;

(8)AAany contractual obligations of the insolvent orimpaired insurer under a covered policy or contract that do notmaterially affect the economic value of economic benefits of thecovered policy or contract; or

(9)AApunitive, exemplary, extracontractual, or badfaith damages, regardless of whether the damages are:

(A)AAagreed to or assumed by an insurer orinsured; or

(B)AAimposed by a court.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:

Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.013(d), eff.September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.013(d), eff.September 1, 2007.

Sec. 463.205.AAPROTECTION PROVIDED BY OTHER JURISDICTION.AThis chapter does not provide coverage for a resident with respectto an impaired or insolvent insurer domiciled in anotherjurisdiction if guaranty protection is provided to the resident bythe law of that jurisdiction.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.206.AAASSOCIATION DISCRETION IN MANNER OF PROVIDINGBENEFITS.A (a)AAThe board shall have discretion and may exercisereasonable business judgment to determine the means by which theassociation is to provide the benefits of this chapter in aneconomical and efficient manner.

(b)AAIf the association arranges or offers to provide thebenefits of this chapter to a covered person under a plan orarrangement that fulfills the association ’s obligations under thischapter, the person is not entitled to benefits from theassociation in addition to or other than those provided under theplan or arrangement.Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.015(b), eff.September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.015(b), eff.September 1, 2007.SUBCHAPTER F. POWERS AND DUTIES OF ASSOCIATION RELATING TO IMPAIRED

OR INSOLVENT INSURERSec. 463.251.AAIMPAIRED DOMESTIC INSURER.A (a) This section

applies only to a member insurer that is an impaired domesticinsurer.

(b)AAWith the commissioner’s approval, the association may:(1)AAguarantee, assume, or reinsure, or cause to be

guaranteed, assumed, or reinsured, one or more of the insurer’spolicies or contracts;

(2)AAprovide money, pledges, notes, guarantees, orother means proper to:

(A)AAimplement Subdivision (1); and(B)AAensure payment of the insurer ’s contractual

obligations until action is taken under Subdivision (1); or(3)AAloan money to the insurer.

(c)AAIn taking action under Subsection (b), the associationmay impose any condition that:

(1)AAdoes not impair the insurer’s contractualobligations; and

(2)AAis approved by:(A)AAthe commissioner; and(B)AAthe insurer, except in a conservation or

rehabilitation ordered by a court.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.252.AAIMPAIRED DOMESTIC, FOREIGN, OR ALIEN INSURERNOT PAYING CLAIMS.A (a)AAThis section applies only to a memberinsurer that:

(1)AAis an impaired domestic, foreign, or alieninsurer; and

(2)AAis not timely paying claims.(b)AASubject to Subsection (d), the association shall:

(1)AAwith respect to the insurer, take one or moreactions that the association is authorized to take under Section

15

463.251 with respect to an impaired domestic insurer, subject tothe conditions of that section; or

(2)AAprovide substitute benefits instead of theinsurer’s contractual obligations as provided by Subsection (c).

(c)AAA policy or contract owner who claims emergency orhardship may petition for substitute benefits under standards theassociation proposes and the commissioner approves.AASubstitutebenefits are available only for a health claim, periodic annuitybenefit payment, death benefit, supplemental benefit, or cashwithdrawal.

(d)AAThe association is required to take action under thissection only if:

(1)AAthe laws of the insurer’s state of domicile providethat, until all payments of or on account of the insurer ’scontractual obligations are made by all guaranty associations andall expenses of the associations and interest on those payments andexpenses have been repaid to the associations or a plan of repaymentby the insurer has been approved by the associations:

(A)AAthe delinquency proceeding may not bedismissed;

(B)AAthe insurer and the insurer’s assets may notbe returned to the control of the insurer ’s shareholders or privatemanagement; and

(C)AAthe insurer may not solicit or accept newbusiness or have any suspended or revoked certificate of authorityrestored;

(2)AAthe insurer is a domestic insurer that has beenplaced under an order of rehabilitation by a court in thisstate;AAor

(3)AAthe insurer is a foreign or alien insurer and:(A)AAthe insurer has been prohibited from

soliciting or accepting new business in this state;(B)AAthe insurer’s certificate of authority has

been suspended or revoked in this state;AAand(C)AAa petition for rehabilitation or liquidation

has been filed in a court in the insurer ’s state of domicile by theinsurance official of that state.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.253.AAINSOLVENT INSURER.A (a) This section appliesonly to a member insurer that is an insolvent insurer.

(b)AAThe association shall provide money, pledges,guarantees, or other means reasonably necessary to discharge theinsurer’s duties and to:

(1)AAguarantee, assume, or reinsure, or cause to beguaranteed, assumed, or reinsured, the insurer’s policies orcontracts; or

(2)AAensure payment of the insurer’s contractualobligations.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.254.AALIFE OR HEALTH INSURANCE POLICIES ORCONTRACTS.A (a)AAThis section applies only when the association istaking an action under Section 463.252(b)(2) or 463.253 withrespect to a life or health insurance policy or contract.

(b)AAThe association, in accordance with Subsections (c) and(d), as applicable, shall ensure payment of benefits identical tothe benefits that would have been payable under the policy orcontract of the insurer, at premiums identical to the premiums thatwould have been applicable under that policy or contract, exceptfor terms of conversion and renewability.

(c)AAFor a group policy or contract, the association shallensure payment of benefits under Subsection (b) for claims incurredbefore the later of:

(1)AAthe earlier of the next renewal date under thepolicy or contract or the 45th day after the date the associationbecomes obligated with respect to the policy or contract; or

(2)AAthe 30th day after the date the associationbecomes obligated with respect to the policy or contract.

(d)AAFor an individual policy, the association shall ensurepayment of benefits under Subsection (b) for claims incurred beforethe later of:

(1)AAthe earlier of the next renewal date under thepolicy, if any, or the first anniversary of the date the associationbecomes obligated with respect to the policy; or

(2)AAthe 30th day after the date the associationbecomes obligated with respect to the policy.

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(e)AAThe association shall diligently attempt to provideeach known insured or group policyholder with notice before the30th day before the date the benefits are terminated.

(f)AAAs provided by Subsections (g)-(i), the associationshall make substitute coverage available on an individual basis to:

(1)AAeach known insured under an individual policy, orthe owner if other than the insured; and

(2)AAeach individual who:(A)AAwas formerly insured under a group policy or

contract; and(B)AAis not eligible for replacement group

coverage.(g)AASubstitute coverage is available for an individual

policy under Subsection (f) only if the insured or owner wasentitled under law or the terminated policy to continue anindividual policy in force until a specified age or for a specifiedperiod during which the insurer:

(1)AAwas not entitled to unilaterally change aprovision of the policy; or

(2)AAwas entitled only to change a premium by class.(h)AASubstitute coverage is available for a group policy or

contract under Subsection (f) only if the formerly insuredindividual was entitled under law or the terminated policy orcontract to convert group coverage to individual coverage.

(i)AATo provide substitute coverage under Subsection (f),the association may offer to reissue the terminated coverage orissue an alternative policy.AAThe association shall offer thereissued or alternative policy without requiring evidence ofinsurability.AAThe reissued or alternative policy may not providefor a waiting period or exclusion that would not have applied underthe terminated policy.AAThe association may reinsure a reissued oralternative policy.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.255.AAPOLICY OR CONTRACT WITH GUARANTEED INTERESTRATE.A In taking an action under Section 463.252(b)(2) or 463.253with respect to a policy or contract with a guaranteed minimuminterest rate, the association shall ensure the payment orcrediting of a rate of interest consistent with Section463.203(b)(3).Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.256.AAALTERNATIVE POLICY.A (a)AAAn alternativepolicy issued by the association must:

(1)AAbe approved by the commissioner;(2)AAprovide coverage of a kind that the association

determines is similar to the coverage of the policy issued by theimpaired or insolvent insurer;

(3)AAcontain at least the minimum provisions requiredby the statutes of this state; and

(4)AAprovide benefits that are not unreasonable inrelation to the premium charged.

(b)AAThe association shall set the premium according to atable of rates the association adopts.AAThe premium:

(1)AAmust reflect:(A)AAthe amount of insurance provided; and(B)AAeach insured ’s age and class of risk; and

(2)AAmay not reflect any change in an insured ’s healthoccurring after the original policy was most recently underwritten.

(c)AAThe association may adopt various kinds of alternativepolicies to issue at a later date without regard to any particularimpairment or insolvency.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.257.AAIMPOSITION OF LIEN OR MORATORIUM.A To carryout the association ’s duties under this chapter and with the court ’sapproval, the association may:

(1)AAimpose a permanent policy or contract lien inconnection with any guarantee, assumption, or reinsuranceagreement if the association determines that:

(A)AAthe amounts that may be assessed under thischapter are insufficient to ensure full and prompt performance ofthe association ’s duties under this chapter; or

(B)AAadverse economic or financial conditionsaffecting member insurers make imposition of the lien in the publicinterest; or

(2)AAin addition to any contractual provision fordeferral of cash or policy loan value, impose a temporary

17

moratorium or lien on payment of cash values and policy loans or theexercise of any other right to withdraw money held in connectionwith a policy or contract.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.258.AAPREMIUM FOR REISSUANCE OF TERMINATEDCOVERAGE.A If the association reissues terminated coverage at apremium different from the terminated policy’s premium, the premiummust:

(1)AAreflect the amount of insurance provided and theinsured’s age and class of risk; and

(2)AAbe approved by the commissioner or a court.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.259.AAPREMIUM DUE DURING RECEIVERSHIP.AAAfter acourt enters an order of receivership with respect to an impaired orinsolvent insurer, a premium due for coverage issued by the insureris owned by and is payable at the direction of the association.AATheassociation is liable for an unearned premium owed to a policy orcontract owner that arises after the court enters the order.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.260.AALIMITS ON AND TERMINATION OF ASSOCIATIONOBLIGATION.A (a)AAThe association is not liable for benefits thatexceed the contractual obligations for which the insurer is liableor would have been liable if not impaired or insolvent.AATheassociation has no obligation to provide benefits outside theexpress written terms of the policy or contract, including:

(1)AAclaims based on marketing materials;(2)AAclaims based on side letters, riders, or other

documents that were issued without meeting applicable policy formfiling or approval requirements;

(3)AAclaims based on misrepresentation of or regardingpolicy benefits;

(4)AAextracontractual claims; or(5)AAclaims for penalties or consequential or

incidental damages.(b)AAThe association ’s obligations with respect to coverage

under a policy of an impaired or insolvent insurer or under areissued or alternative policy terminate on the date the coverageor policy is replaced by another similar policy by thepolicyholder, the insured, or the association.

(c)AAIf a premium is not paid before the 32nd day after thedate the premium is due under a guaranteed, assumed, alternative,or reissued policy or contract or substitute coverage, theassociation’s obligations under the policy, contract, or coverageterminate, except with respect to a claim incurred or any net cashsurrender value due as provided by this chapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.261.AAASSIGNMENT OF RIGHTS.A (a)AAA personreceiving a benefit under this chapter, including a payment of or onaccount of a contractual obligation, continuation of coverage, orprovision of substitute or alternative coverage, is considered tohave assigned to the association the rights under, and any cause ofaction relating to, the covered policy to the extent of the benefitreceived.AAThe association may require a payee, policy or contractowner, beneficiary, insured, or annuitant to assign the person ’srights and cause of action to the association as a condition ofreceiving a right or benefit under this chapter.

(b)AAThe association ’s subrogation rights under Subsection(a) have the same priority against the assets of the impaired orinsolvent insurer as that held by the person entitled to receive abenefit under this chapter.

(c)AAThe association has all common law rights of subrogationand any other equitable or legal remedy that would have beenavailable to the impaired or insolvent insurer or holder of a policyor contract with respect to the policy or contract.

(d)AAThe rights of the association under Subsection (c)

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include, in the case of a structured settlement annuity, any rightsof the owner, beneficiary, or payee of the annuity, to the extent ofbenefits received under this chapter, against any person originallyor by succession responsible for the losses arising from thepersonal injury relating to the annuity or payment for the annuity,other than a person responsible solely by reason of serving as anassignee in respect of a qualified assignment under Section 130,Internal Revenue Code of 1986 (26 U.S.C. Section 130).

(e)AAIf a provision of this section is invalid or ineffectivewith respect to any person or claim for any reason, the amountpayable by the association with respect to the related coveredobligations is reduced by the amount realized by any other personwith respect to the person or claim that is attributable to thepolicies, or portion of the policies, covered by theassociation.AAIf the association has provided benefits withrespect to a covered obligation and a person recovers amounts as towhich the association has rights described in this section, theperson shall pay to the association the portion of the recoveryattributable to the policies, or portion of the policies, coveredby the association.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.262.AAEFFECT OF SUBROGATION AND ASSIGNMENT OFRIGHTS AND AVAILABLE ASSETS ON ASSOCIATION OBLIGATION.A (a)AAThelimitations set forth in this chapter are limitations on thebenefits for which the association is obligated before taking intoaccount either the association ’s subrogation and assignment rightsor the extent to which those benefits could be provided out of theassets of the impaired or insolvent insurer attributable to coveredpolicies.

(b)AAThe costs of the association ’s obligations under thischapter may be met by the use of assets attributable to coveredpolicies or reimbursed to the association pursuant to theassociation’s subrogation and assignment rights.Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.018(e), eff.September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.018(e), eff.September 1, 2007.

Sec. 463.263.AADEPOSIT TO BE PAID TO ASSOCIATION.A (a)AAAdeposit in this state, held under law or required by thecommissioner for the benefit of creditors, including policy owners,that is not turned over to the domiciliary receiver on the entry ofa final order of liquidation or order approving a rehabilitationplan of an insurer domiciled in this state or a reciprocal state inaccordance with Section 443.402 shall be promptly paid to theassociation.

(b)AAThe association is entitled to retain a portion of anyamount paid to the association under this section equal to thepercentage determined by dividing the aggregate amount of policyowners’ claims related to that insolvency for which the associationhas provided statutory benefits by the aggregate amount of allpolicy owners’ claims in this state related to that insolvency andshall remit to the domiciliary receiver the amount paid to theassociation and retained under this section.

(c)AAThe amount paid to the association under this section,less the amount retained by the association under this section, istreated as a distribution of estate assets under Section 443.303 orthe similar law of the state of domicile of the impaired orinsolvent insurer.Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.015(e), eff.September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.015(e), eff.September 1, 2007.

SUBCHAPTER G. OPERATION OF IMPAIRED OR INSOLVENT INSURERSec. 463.301.AAISSUANCE OR RENEWAL OF POLICIES FOLLOWING

CONSERVATORSHIP OR RECEIVERSHIP.A (a)AAIf an assessment has beenmade under this chapter for the insurer or guaranty fees have beenprovided for the insurer, an impaired insurer placed inconservatorship or receivership may not issue a new or renewalinsurance policy on release from the conservatorship orreceivership until the insurer has repaid in full the amount of

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guaranty fees provided by the association.(b)AANotwithstanding Subsection (a), on application of the

association and after hearing, the commissioner may permit theinsurer to issue new policies as provided by a plan of operation bythe insurer for repayment.AAIn approving the plan, the commissionermay restrict the issuance of new or renewal policies as necessary toimplement the plan.

(c)AAThe commissioner shall give 10 days ’ notice of thehearing to the association. The association and the member insurersthat paid assessments in relation to the impaired insurer areentitled to appear at and participate in the hearing.

(d)AA Money recovered against an impaired insurer under thissection shall be repaid to the member insurers that paidassessments in relation to the impaired insurer on return of themember insurers’ certificates of contribution.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.302.AADISTRIBUTIONS TO SHAREHOLDERS ANDAFFILIATES.A (a)AAAn impaired or insolvent insurer may not make adistribution to shareholders until the association has recoveredthe total amount of valid claims for money spent in carrying out theassociation’s powers and performing the association ’s duties underSection 463.101, 463.103, 463.109, or 463.111(c) or Subchapter Fwith respect to that insurer, plus interest on that amount.

(b)AAExcept as otherwise provided by this section, a receiverappointed under an order of receivership for an insurer domiciledin this state may recover on behalf of the insurer from an affiliatethat controlled the insurer the amount of any distribution, otherthan a stock dividend the insurer paid on the insurer ’s capitalstock, made during the five years preceding the date of the petitionfor liquidation or rehabilitation.

(c)AAA person who was an affiliate that controlled theinsurer when a distribution described by Subsection (b) was paid isliable for the amount of the distribution received.AAA person whowas an affiliate that controlled the insurer when the distributionwas declared is liable for the amount of the distribution theaffiliate would have received if the distribution had been paidimmediately.AATwo or more persons liable for the same distributionare jointly and severally liable.AAIf a person liable under thissubsection is insolvent, all of the affiliates that controlled theinsolvent person when the distribution was paid are jointly andseverally liable for any resulting deficiency in the amountrecovered from the insolvent person.

(d)AAThe maximum amount recoverable under Subsections (b)and (c) is the amount needed in excess of all other available assetsof the impaired or insolvent insurer to pay the insurer ’scontractual obligations.

(e)AAThe receiver may not recover a distribution toshareholders under Subsection (b) if the insurer shows that, at thetime the distribution was paid, the distribution was lawful andreasonable and that the insurer did not know and could notreasonably have known that the distribution might adversely affectthe ability of the insurer to fulfill the insurer ’s contractualobligations.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



Sec. 463.303.AAASSETS ATTRIBUTABLE TO COVERED POLICIES.A(a)AAFor the purposes of this section, assets attributable tocovered policies are the proportion of the assets that the reservesthat should have been established for the covered policies bear tothe reserves that should have been established for all insurancepolicies written by the impaired or insolvent insurer.

(b)AATo carry out the association ’s obligations under thischapter, the association is considered a creditor of the impairedor insolvent insurer to the extent of assets attributable tocovered policies, less any amount to which the association isentitled as subrogee under Section 463.261.

(c)AAAssets of the impaired or insolvent insurerattributable to covered policies shall be used to continue allcovered policies and pay all contractual obligations of theimpaired or insolvent insurer as required by this chapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

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Sec. 463.304.AADISTRIBUTION OF OWNERSHIP RIGHTS OF IMPAIREDOR INSOLVENT INSURER.AAIn making an equitable distribution of theownership rights of an impaired or insolvent insurer before thetermination of a receivership, the court:

(1)AAshall consider the welfare of the policyholders ofthe continuing or successor insurer; and

(2)AAmay consider the contributions of the respectiveparties, including the association, the shareholders andpolicyholders of the impaired or insolvent insurer, and any otherparty with a bona fide interest.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Amended by:



SUBCHAPTER H. POWERS AND DUTIES OF COMMISSIONER AND DEPARTMENTSec. 463.351.AANOTICE OF COMMISSIONER ACTIONS.A (a)AAThe

commissioner shall:(1)AAnotify the insurance officials of all the other

states, territories of the United States, and the District ofColumbia by mail not later than the 30th day after the date thecommissioner:

(A)AArevokes or suspends a member insurer’scertificate of authority; or

(B)AAissues a formal order requiring a memberinsurer to:

(i)AArestrict the insurer’s premium writing;(ii)AAwithdraw from this state;(iii)AAreinsure all or part of the insurer’s

business;(iv)AAobtain additional contributions to

surplus; or(v)AAincrease capital, surplus, or another

account for the security of policyholders or creditors;(2)AAreport to the board when the commissioner:

(A)AAtakes an action described by Subdivision (1)or receives from another insurance official a report indicatingthat a similar action has been taken in another state; or

(B)AAhas reasonable cause to believe from acompleted or continuing examination that a member insurer may beimpaired or insolvent; and

(3)AAprovide to the board the National Association ofInsurance Commissioners Insurance Regulatory Information Systemratios and listings of insurers not included in those ratios.

(b)AAA report under Subsection (a)(2)(A) must contain allsignificant details of the action taken or report received.

(c)AAThe board may use information described by this sectionto carry out the board’s duties under this chapter.AAThe boardshall keep a report made under this section and the contents of thereport confidential until the commissioner or other lawfulauthority makes the report and the contents public.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.352.AAADVICE FROM BOARD.A The commissioner may seekthe board’s advice and recommendations on a matter affecting thecommissioner’s duties regarding the financial condition of:

(1)AAa member insurer; or(2)AAan insurer applying for a certificate of authority

to engage in the business of insurance in this state.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.353.AAEXAMINATION.A (a)AAThe board by majority votemay request the commissioner to order an examination of a memberinsurer that the board in good faith believes may be impaired orinsolvent.AAThe commissioner shall keep the request on file. Therequest is open for public inspection before release of theexamination report to the public.

(b)AANot later than the 30th day after the date thecommissioner receives the request, the commissioner shall begin theexamination.AAThe examination may be conducted:

(1)AAas a National Association of InsuranceCommissioners examination; or

(2)AAby a person the commissioner designates.(c)AAThe association shall pay the cost of the examination.(d)AAThe commissioner shall notify the board when the

examination is completed.AAThe examination report shall be treated

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in the same manner as other examination reports.AAThe report maynot be released to the board before the report is released to thepublic, except that the commissioner may comply with Section463.351.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.354.AADEMAND TO CURE IMPAIRMENT.A (a)AAWhen animpairment is declared and the amount of the impairment isdetermined, the commissioner shall serve a demand on the impairedinsurer to cure the impairment within a reasonable time.

(b)AANotice of the demand under Subsection (a) to theimpaired insurer constitutes notice to any shareholders of theinsurer.

(c)AAFailure of the impaired insurer to comply promptly withthe demand does not excuse the association from exercising theassociation’s powers and performing the association ’s duties underthis chapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.355.AAFAILURE TO COMPLY WITH PLAN OF OPERATION.A Onfailure of a member insurer to comply with the plan of operation,the commissioner may suspend or revoke, after notice and hearing,the insurer’s certificate of authority to engage in the business ofinsurance in this state.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.356.AAASSUMPTION OF POWERS AND DUTIES OFASSOCIATION.A The commissioner may assume the powers and duties ofthe association under this chapter with respect to impaired orinsolvent insurers if the association does not within a reasonableperiod act as provided by:

(1)AASection 463.252(b)(2);(2)AASection 463.253; and(3)AASection 463.254.

Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.Sec. 463.357.AANOTIFICATION OF EFFECT OF CHAPTER.A The

commissioner, as receiver of an impaired insurer, may notify allinterested persons of the effect of this chapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.358.AASTATEMENT OF PREMIUMS.A On request, thecommissioner shall provide the association with a statement of thepremiums in this state and any other appropriate state for eachmember insurer.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

SUBCHAPTER I. APPEALS AND OTHER ACTIONSSec. 463.401.AAAPPEAL TO COMMISSIONER.A (a)AANot later than

the 60th day after the date of a final action of the association orthe board, a member insurer may appeal the action to thecommissioner.

(b)AAA member insurer appealing an assessment shall pay theassessment to the association. The association may use the money tomeet the association ’s obligations while the appeal is pending.AAIfthe appeal on the assessment is upheld, the association shallreturn to the insurer the amount paid in error or in excess of theamount the commissioner determines the insurer was obligated topay.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.402.AAVENUE.A Venue for an action against theassociation under this chapter is in Travis County.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.403.AAAPPEAL BOND.A The association is not requiredto give an appeal bond in an appeal of a cause of action under thischapter.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

Sec. 463.404.AASTAY OF PROCEEDINGS; CERTAIN DECISIONS NOTBINDING.A (a)AATo permit the receiver or association to properlydefend a pending cause of action, a proceeding in which an impairedinsurer is a party or is obligated to defend a party in a court inthis state, other than a proceeding directly related to thereceivership or brought by the receiver, is stayed for:

(1)AAa six-month period beginning on the later of thedate the insurer is designated as impaired or the date an ancillaryproceeding is brought in this state; and

(2)AAany subsequent period as determined by the court.(b)AAIf a covered claim arises from a judgment, order,

verdict, finding, or other decision based on the default of animpaired insurer or the insurer ’s failure to defend an insured, theassociation on the association’s behalf or on behalf of the insured

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may apply to the court or administrator that made the decision tohave the decision set aside and is entitled to defend the claim onthe merits.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

SUBCHAPTER J. PROHIBITED PRACTICESSec. 463.451.AAPROHIBITED USE OF PROTECTION PROVIDED BY

CHAPTER.A (a)AAA person may not make, publish, disseminate,circulate, or place before the public, or directly or indirectlycause to be made, published, disseminated, circulated, or placedbefore the public, a written or oral advertisement, announcement,or statement that uses the existence of the association to sell,solicit, or induce the purchase of a kind of insurance with respectto which this chapter provides coverage.

(b)AAThis section applies to an advertisement, announcement,or statement made, published, disseminated, circulated, or placedbefore the public:

(1)AAin a newspaper, magazine, or other publication;(2)AAin a notice, circular, pamphlet, letter, or

poster;(3)AAover a radio or television station; or(4)AAin any other manner.

(c)AAExcept as provided by Section 463.114, the use by aperson of the protection provided by this chapter in the sale ofinsurance is unfair competition and an unfair practice underChapter 541.

(d)AAThis section does not apply to the association or anyother entity that does not sell or solicit insurance.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. April 1, 2007.

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insurance code chapter 463. texas life, accident, health, and

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