Texas Insurance Code Title 10, Chapter 2205 - Texas Child-care Facility Liability Pool
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 2205.001 - Definitions
In this chapter: (1) "Board" means the board of trustees of the pool. (2) "Child-care facility" has the meaning assigned by Section 42.002, Human Resources...
- Texas Section 2205.002 - Pool Not Engaged In Business Of Insurance
(a) Except as provided by this section and Section 2205.003(b), the pool is not engaged in the business of insurance under this code or other...
SUBCHAPTER B CREATION OF POOL
- Texas Section 2205.003 - Department And Commissioner Supervision
(a) The pool is subject to the department's continuing supervision relating to the pool's solvency. (b) The commissioner may set minimum requirements to ensure the...
- Texas Section 2205.051 - Creation Of Pool
(a) The Texas Child-Care Facility Liability Pool is created when the governing bodies of 10 or more child-care facilities agree in writing to participate in...
- Texas Section 2205.052 - Participation In Pool
A child-care facility is entitled to coverage from the pool if the facility: (1) submits a complete application; (2) provides other information required by the...
SUBCHAPTER C PLAN OF OPERATION
- Texas Section 2205.053 - Selection Of Temporary Board
At the time the governing bodies of the child-care facilities enter into the written agreement under Section 2205.051, the governing bodies shall select nine individuals...
- Texas Section 2205.101 - Time For Creation Of Plan Of Operation
(a) Not later than the 30th day after the date the last member of the temporary board is selected, the temporary board shall meet to...
- Texas Section 2205.102 - Contents Of Plan Of Operation
(a) Subject to the requirements of this chapter, the plan of operation must include: (1) the organizational structure of the pool, including: (A) the method...
SUBCHAPTER D BOARD OF TRUSTEES
- Texas Section 2205.103 - Approval Of Plan Of Operation
(a) On completion of the plan of operation, the temporary board shall submit the plan to the department for examination, suggested changes, and final approval....
- Texas Section 2205.151 - Governance Of Pool
(a) The pool is governed by a board of trustees composed of nine members selected as provided by the plan of operation. (b) Not later...
- Texas Section 2205.152 - Terms; Vacancy
(a) Board members serve two-year terms. The terms expire as provided by the plan of operation. (b) A vacancy on the board shall be filled...
- Texas Section 2205.153 - Performance Bond Required
(a) Each board member shall execute a bond in the amount required by the plan of operation. The bond must be payable to the pool...
- Texas Section 2205.154 - Compensation
A board member is not entitled to compensation for the member's service on the board. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017),...
- Texas Section 2205.155 - Officers; Meetings
(a) The board shall elect from the board's membership a presiding officer and other officers as provided by the plan of operation. (b) Each officer...
- Texas Section 2205.156 - General Powers And Duties Of Board
(a) The board shall: (1) approve contracts, other than liability insurance contracts issued by the pool to child-care facilities; and (2) adopt premium rate schedules...
SUBCHAPTER E OPERATION OF POOL
- Texas Section 2205.157 - Immunity Of Board Members From Certain Liabilities
A board member is not liable: (1) with respect to a claim or judgment for which coverage is provided by the pool; or (2) for...
- Texas Section 2205.201 - General Powers And Duties Of Pool
(a) The pool shall: (1) issue primary and excess liability coverage to each child-care facility entitled to coverage under this chapter; (2) collect premiums for...
- Texas Section 2205.202 - Pool Manager; Performance Bond Required
(a) The board shall appoint a pool manager who serves at the pleasure of the board, and the board shall supervise the pool manager's activities....
- Texas Section 2205.203 - General Powers And Duties Of Pool Manager
(a) The pool manager shall direct the general operation of the pool and perform other duties as directed by the board. (b) The pool manager...
- Texas Section 2205.204 - Personnel
(a) The pool manager may employ or contract with persons as necessary to assist the board and the pool manager in implementing the powers and...
- Texas Section 2205.205 - Performance Bond Authorized
The board may require an employee or a person with whom the pool manager contracts under Section 2205.204 to execute a bond in an amount...
- Texas Section 2205.206 - Immunity Of Employees And Contractors From Certain Liabilities
An employee or a person with whom the pool manager contracts under Section 2205.204 is not liable with respect to a claim or judgment against...
- Texas Section 2205.207 - Office; Records
(a) The pool shall maintain the pool's principal office in Austin, Texas. (b) Records and other information relating to the operation of the pool must...
SUBCHAPTER F TEXAS CHILD-CARE FACILITY LIABILITY FUND
- Texas Section 2205.208 - Annual Audit
The board shall require an annual audit of the pool's capital, surplus, and reserves. The audit must be conducted by an actuary who is a...
- Texas Section 2205.251 - Fund Creation; Management
(a) The Texas child-care facility liability fund is established on the creation of the pool. (b) The fund is composed of: (1) premiums paid by...
- Texas Section 2205.252 - Contributions
The board shall determine the amount of contributions necessary to meet the initial expenses of the pool. The board shall make this determination based on...
- Texas Section 2205.253 - Uses Of Fund
(a) Administrative expenses of the pool may be paid from the fund. Payments for administrative expenses during a fiscal year may not exceed 10 percent...
SUBCHAPTER G POOL COVERAGE
- Texas Section 2205.254 - Depository Bank
(a) The board may select one or more banks to serve as a depository for the fund. (b) A depository bank must provide security before...
- Texas Section 2205.301 - Scope Of Coverage
(a) The pool shall insure a child-care facility and the facility's officers and employees against liability for acts and omissions under the laws of this...
- Texas Section 2205.302 - Basis Of Coverage
The pool may provide liability insurance coverage on a claims-made basis or an occurrence basis. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017),...
- Texas Section 2205.303 - Rates And Limits Of Coverage
(a) To ensure that the pool is actuarially sound, the board shall: (1) set the premium rates charged; and (2) determine the maximum limits of...
- Texas Section 2205.304 - Coverage Period
A child-care facility that accepts coverage provided by the pool shall maintain that coverage for at least 24 consecutive months following the date the pool...
- Texas Section 2205.305 - Nonrenewal Of Coverage
(a) Except as provided by Subsection (b), the pool may refuse to renew the coverage of a child-care facility that fails to comply with the...
- Texas Section 2205.306 - Subsequent Coverage
A child-care facility that voluntarily discontinues coverage provided by the pool is not eligible to subsequently obtain coverage from the pool for at least 12...
- Texas Section 2205.307 - Payment Of Claims And Judgments
(a) If money in the fund would be exhausted by the payment of all final and settled claims and final judgments during a fiscal year,...
Last modified: September 28, 2016