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Texas Insurance Code - Not Codified - Section 21A.054. Proceedings For Expedited Trial: Continuances, Discovery, Evidence

Legal Research Home > Texas Lawyer > Insurance Code - Not Codified > Texas Insurance Code - Not Codified - Section 21A.054. Proceedings For Expedited Trial: Continuances, Discovery, Evidence

Sec. 21A.054. PROCEEDINGS FOR EXPEDITED TRIAL:
CONTINUANCES, DISCOVERY, EVIDENCE.  (a) The receivership court
shall proceed to hear the case on the petition to commence a formal
delinquency proceeding at the time and date set forth for trial.  To
the extent practicable, the receivership court shall give
precedence to the matter over all other matters.  To the extent
authorized by law, the receivership court may assign the matter to
other judges if necessary to comply with the need for expedited
proceedings under this chapter.
	(b)  Continuances for trial may be granted only in extreme
circumstances.
	(c)  The receivership court shall admit into evidence, as
self-authenticated, certified copies of any of the following when
offered by the commissioner:
	(1)  the financial statements made by the insurer or an
affiliate;
	(2)  examination reports of the insurer or an affiliate made
by or on behalf of the commissioner;  and
	(3)  any other document filed with any insurance department
by the insurer or an affiliate.
	(d)  The facts contained in any examination report of the
insurer or an affiliate made by or on behalf of the commissioner are
presumed to be true as of the date of the hearing if the examination
was made as of a date not more than 270 days before the date the
petition was filed.  The presumption is rebuttable, and shifts the
burden of production and persuasion to the insurer.
	(e)  Discovery is limited to grounds alleged in the petition
and shall be concluded on an expedited basis.

Added by Acts 2005, 79th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007