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.