By Kubiak                                             H.B. No. 2602
       74R4992 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of a state cooperative and private
    1-3  cooperatives for the purchase of insurance for certain fire
    1-4  departments.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 419, Government Code, is amended by
    1-7  adding Subchapter F to read as follows:
    1-8                 SUBCHAPTER F.  INSURANCE COOPERATIVES
    1-9        Sec. 419.101.  DEFINITIONS.  In this subchapter:
   1-10              (1)  "Board of directors" means the board of directors
   1-11  elected by a private cooperative.
   1-12              (2)  "Board of trustees" means the board of trustees of
   1-13  the state cooperative.
   1-14              (3)  "Cooperative" means the state cooperative or a
   1-15  private cooperative.
   1-16              (4)  "Fire department" means:
   1-17                    (A)  a department of a municipality, county, or
   1-18  special district or authority that is organized to prevent or
   1-19  suppress fires; or
   1-20                    (B)  a volunteer fire department organized to
   1-21  prevent or suppress fires without compensation.
   1-22              (5)  "Private cooperative" means a private purchasing
   1-23  cooperative established under this subchapter.
   1-24              (6)  "State cooperative" means the Texas fire
    2-1  department insurance purchasing cooperative established under this
    2-2  subchapter.
    2-3        Sec. 419.102.  TEXAS FIRE DEPARTMENT INSURANCE PURCHASING
    2-4  COOPERATIVE.  (a)  The Texas fire department insurance purchasing
    2-5  cooperative is a nonprofit organization established to make
    2-6  property and casualty and errors and omissions insurance available
    2-7  to fire departments.
    2-8        (b)  The state cooperative is administered by a six-member
    2-9  board of trustees appointed by the governor with the advice and
   2-10  consent of the senate.  The members of the board of trustees must
   2-11  represent fire departments in this state.  The director of the
   2-12  Texas Forest Service shall serve as an ex officio member of the
   2-13  board of trustees.
   2-14        (c)  The appointed members of the board of trustees serve
   2-15  staggered six-year terms, with the terms of two members expiring
   2-16  February 1 of each odd-numbered year.
   2-17        (d)  A member of the board of trustees may not be compensated
   2-18  for serving on the board of trustees but is entitled to
   2-19  reimbursement for actual expenses incurred in performing functions
   2-20  as a member of the board of trustees as provided by the General
   2-21  Appropriations Act.
   2-22        (e)  The board of trustees shall employ an executive
   2-23  director.  The executive director may hire other employees as
   2-24  necessary.
   2-25        (f)  The board of trustees may develop regional subdivisions
   2-26  of the state cooperative and may authorize each subdivision to
   2-27  separately exercise the powers and duties of a cooperative.
    3-1        (g)  Salaries for employees of the state cooperative and
    3-2  related costs may be paid from administrative fees collected from
    3-3  employers and carriers or other sources of funding arranged by the
    3-4  state cooperative.
    3-5        (h)  A member of the board of trustees, the executive
    3-6  director, and an employee or agent of the state cooperative is not
    3-7  liable for an act performed in good faith in the execution of
    3-8  duties in connection with the state cooperative.
    3-9        (i)  The state cooperative may not use money appropriated by
   3-10  the state to pay or otherwise subsidize any portion of the premium
   3-11  for a fire department insured through the cooperative.
   3-12        Sec. 419.103.  PRIVATE PURCHASING COOPERATIVE.  (a)  Two or
   3-13  more fire departments may form a cooperative to purchase insurance
   3-14  for its members under this subchapter.  A private cooperative must
   3-15  be organized as a nonprofit corporation and has the rights and
   3-16  duties provided by the Texas Non-Profit Corporation Act (Article
   3-17  1396-1.01 et seq., Vernon's Texas Civil Statutes).
   3-18        (b)  The board of directors shall file annually with the
   3-19  director of the Texas Forest Service a statement of all amounts
   3-20  collected and expenses incurred for each of the preceding three
   3-21  years.
   3-22        Sec. 419.104.  SCOPE OF COVERAGE PROVIDED.  (a)  A
   3-23  cooperative may provide only:
   3-24              (1)  property and casualty coverage for fire
   3-25  departments; and
   3-26              (2)  errors or omissions coverage to indemnify a member
   3-27  of the governing body, official, employee, or volunteer of a fire
    4-1  department for an error or omission arising from the performance of
    4-2  the duties of the member of the governing body, official, employee,
    4-3  or volunteer.
    4-4        (b)  A cooperative may not provide:
    4-5              (1)  insurance that provides health benefits to fire
    4-6  department employees;
    4-7              (2)  life insurance for fire department employees; or
    4-8              (3)  workers' compensation insurance for fire
    4-9  departments.
   4-10        Sec. 419.105.  POWERS AND DUTIES OF COOPERATIVE.  (a)  A
   4-11  cooperative may:
   4-12              (1)  arrange for property and casualty or errors and
   4-13  omissions coverage for fire departments that participate in the
   4-14  cooperative by contracting with one or more insurance companies;
   4-15              (2)  collect premiums to cover the cost of:
   4-16                    (A)  insurance coverage purchased through the
   4-17  cooperative; and
   4-18                    (B)  the cooperative's administrative expenses;
   4-19              (3)  contract with agents to market coverage issued
   4-20  through the cooperative;
   4-21              (4)  establish administrative and accounting procedures
   4-22  for the operation of the cooperative;
   4-23              (5)  establish criteria governing the eligibility of
   4-24  insurance companies to provide coverage through the cooperative;
   4-25              (6)  establish criteria governing the eligibility of
   4-26  fire departments to participate in coverage issued through the
   4-27  cooperative, including criteria governing equipment and safety
    5-1  standards for the vehicles, vessels, aircraft, or buildings to be
    5-2  covered;
    5-3              (7)  establish procedures under which a fire department
    5-4  that applies for or participates in coverage issued through the
    5-5  cooperative may have a grievance reviewed by an impartial person;
    5-6              (8)  contract with an insurance company or
    5-7  administrator to provide administrative services to the
    5-8  cooperative;
    5-9              (9)  contract with an insurance company to provide
   5-10  services to fire departments covered through the cooperative,
   5-11  including risk management and loss control services;
   5-12              (10)  publicize the cooperative to fire departments;
   5-13  and
   5-14              (11)  negotiate the premiums paid by its members.
   5-15        (b)  A cooperative may not provide coverage under this
   5-16  subchapter through self-insurance.
   5-17        Sec. 419.106.  COOPERATIVE NOT INSURER.  (a)  A cooperative
   5-18  is not an insurer and the employees of the cooperative are not
   5-19  required to be licensed under Subchapter A, Chapter 21, Insurance
   5-20  Code.
   5-21        (b)  An agent or administrator used and compensated by the
   5-22  cooperative must be licensed as required by Subchapter A, Chapter
   5-23  21, Insurance Code.
   5-24        SECTION 2.  In making the initial appointments to the board
   5-25  of trustees of the Texas fire department insurance purchasing
   5-26  cooperative established under Subchapter F, Chapter 419, Government
   5-27  Code, as added by this Act, the governor shall appoint two members
    6-1  for terms expiring February 1, 1997, two members for terms expiring
    6-2  February 1, 1999, and two members for terms expiring February 1,
    6-3  2001.
    6-4        SECTION 3.  The importance of this legislation and the
    6-5  crowded condition of the calendars in both houses create an
    6-6  emergency and an imperative public necessity that the
    6-7  constitutional rule requiring bills to be read on three several
    6-8  days in each house be suspended, and this rule is hereby suspended,
    6-9  and that this Act take effect and be in force from and after its
   6-10  passage, and it is so enacted.