Texas Insurance Code Title 10, Chapter 2209 - Texas Nonprofit Organizations Liability Pool
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 2209.001 - Definitions
In this chapter: (1) "Board" means the board of trustees of the pool. (2) "Fund" means the Texas nonprofit organizations liability fund. (3) "Nonprofit organization"...
- Texas Section 2209.002 - Pool Not Engaged In Business Of Insurance
(a) Except as provided by this section and Section 2209.003(b), the pool is not engaged in the business of insurance under this code or other...
SUBCHAPTER B CREATION OF POOL
- Texas Section 2209.003 - 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 certain minimum requirements to ensure...
- Texas Section 2209.051 - Creation Of Pool
(a) The Texas Nonprofit Organizations Liability Pool is created on the written agreement of the chief executive officers of 15 or more nonprofit organizations. (b)...
- Texas Section 2209.052 - Participation In Pool
A nonprofit organization is entitled to coverage from the pool if the organization: (1) submits a complete application; (2) provides other information required by the...
SUBCHAPTER C PLAN OF OPERATION
- Texas Section 2209.053 - Selection Of Temporary Board
At the time the chief executive officers of the nonprofit organizations enter into the written agreement under Section 2209.051, the officers shall select nine individuals...
- Texas Section 2209.101 - Time For Creation Of Plan Of Operation
(a) Not later than the 30th day after the date the temporary board is selected, the temporary board shall meet to prepare a detailed plan...
- Texas Section 2209.102 - 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 2209.103 - Approval Of Plan
(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 2209.151 - Governance Of Pool; Board Membership
(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 2209.152 - Terms; Vacancy
(a) Board members serve staggered two-year terms. The terms of four members expire in odd-numbered years as provided by the plan of operation. (b) A...
- Texas Section 2209.153 - 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 2209.154 - 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 2209.155 - Officers; Meetings
(a) The board shall select from the board members a presiding officer, an assistant presiding officer, and a secretary, who serve one-year terms that expire...
- Texas Section 2209.156 - General Powers And Duties Of Board
(a) In addition to other duties provided by the plan of operation, the board shall: (1) approve contracts other than insurance contracts issued by the...
SUBCHAPTER E OPERATION OF POOL
- Texas Section 2209.157 - 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 2209.201 - General Powers And Duties Of Pool
(a) The pool shall: (1) issue primary and excess liability coverage to each nonprofit organization entitled to coverage under this chapter; (2) collect premiums for...
- Texas Section 2209.202 - 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 2209.203 - General Powers And Duties Of Pool Manager
(a) The pool manager shall manage and conduct the affairs of the pool under the general supervision of the board and shall perform any other...
- Texas Section 2209.204 - Personnel
(a) The pool manager shall employ or contract with persons necessary to assist the board and the pool manager in carrying out the powers and...
- Texas Section 2209.205 - Performance Bond Authorized
The board may require an employee or a person with whom the pool manager contracts under Section 2209.204 to execute a bond in an amount...
- Texas Section 2209.206 - Immunity Of Employees And Contractors From Certain Liabilities
An employee or a person with whom the pool manager contracts under Section 2209.204 is not liable: (1) with respect to a claim or judgment...
SUBCHAPTER F TEXAS NONPROFIT ORGANIZATIONS LIABILITY FUND
- Texas Section 2209.207 - Records
Records, files, and other documents and information relating to the pool must be maintained in the pool's principal office. Added by Acts 2005, 79th Leg.,...
- Texas Section 2209.251 - Fund Creation; Management
(a) On creation of the pool, the initial regular board shall create the Texas nonprofit organizations liability fund. (b) The fund is composed of: (1)...
- Texas Section 2209.252 - Contributions
The board shall determine the amount of any contributions necessary to meet the initial expenses of the pool. The board shall make this determination based...
- Texas Section 2209.253 - Uses Of Fund
(a) Administrative expenses of the pool may be paid from the fund. Payments for administrative expenses during a fiscal year of the pool may not...
SUBCHAPTER G POOL COVERAGE
- Texas Section 2209.254 - Depository Bank
(a) The board may select one or more banks to serve as a depository for money in the fund. (b) A depository bank must execute...
- Texas Section 2209.301 - Scope Of Coverage
(a) The pool shall insure a nonprofit organization and the organization's officers and employees against liability for acts and omissions under the laws of this...
- Texas Section 2209.302 - Coverage On Claims-made Basis
The pool may provide liability insurance coverage on a claims-made basis on forms approved by the department. Added by Acts 2005, 79th Leg., Ch. 727...
- Texas Section 2209.303 - Punitive Damages Not Covered
Liability insurance coverage provided by the pool may not include coverage for punitive damages. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec....
- Texas Section 2209.304 - 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 2209.305 - Coverage Period
A nonprofit organization that accepts coverage provided by the pool shall maintain that coverage for at least 24 calendar months following the month in which...
- Texas Section 2209.306 - Nonrenewal Of Coverage
(a) Except as provided by Subsection (b), the pool may refuse to renew the coverage of a nonprofit organization that fails to comply with the...
- Texas Section 2209.307 - Subsequent Coverage
(a) A nonprofit organization that voluntarily discontinues coverage provided by the pool may not subsequently obtain coverage from the pool for at least 12 calendar...
- Texas Section 2209.308 - 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