84R8470 PMO-D
 
  By: Taylor of Galveston, et al. S.B. No. 900
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of the Texas Windstorm Insurance
  Association and the renaming of the Texas Windstorm Insurance
  Association as the Texas Coastal Insurance Association.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 2210, Insurance Code, is
  amended to read as follows:
  CHAPTER 2210.  TEXAS COASTAL [WINDSTORM] INSURANCE ASSOCIATION
         SECTION 2.  Section 2210.001, Insurance Code, is amended to
  read as follows:
         Sec. 2210.001.  PURPOSE. The primary purpose of the Texas
  Coastal [Windstorm] Insurance Association is the provision of an
  adequate market for windstorm and hail insurance in the seacoast
  territory of this state.  The legislature finds that the provision
  of adequate windstorm and hail insurance is necessary to the
  economic welfare of this state, and without that insurance, the
  orderly growth and development of this state would be severely
  impeded.  This chapter provides a method by which adequate
  windstorm and hail insurance may be obtained in certain designated
  portions of the seacoast territory of this state.  The association
  is intended to serve as a residual insurer of last resort for
  windstorm and hail insurance in the seacoast territory.  The
  association shall:
               (1)  function in such a manner as to not be a direct
  competitor in the private market; and
               (2)  provide windstorm and hail insurance coverage to
  those who are unable to obtain that coverage in the private market.
         SECTION 3.  Section 2210.002, Insurance Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  This chapter may be cited as the Texas Coastal 
  [Windstorm] Insurance Association Act.
         (a-1)  A reference in this chapter or other law to the Texas
  Windstorm Insurance Association means the Texas Coastal Insurance
  Association.
         SECTION 4.  Section 2210.003, Insurance Code, is amended by
  amending Subdivision (1) and adding Subdivisions (1-a) and (9-a) to
  read as follows:
               (1)  "Administrator" means the entity contractually
  retained to:
                     (A)  manage the association and administer the
  plan of operation under Section 2210.062; and
                     (B)  manage the contracts with primary insurers
  under Section 2210.063.
               (1-a)  "Association" means the Texas Coastal 
  [Windstorm] Insurance Association.
               (9-a)  "Primary insurer" means a member insurer that:
                     (A)  has primary coverage for loss by fire on a
  property that is or may be insured under this chapter; and
                     (B) acts on behalf of the association under this
  chapter.
         SECTION 5.  Section 2210.014, Insurance Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Chapter 542 does not apply to [the processing and
  settlement of claims by] the association or to an agent or
  representative of the association.
         (c)  A primary insurer, adjuster, agent or representative of
  the primary insurer, or the administrator contracted under Sections
  2210.062 and 2210.063, is an agent of the association for purposes
  of administering and issuing association policies and adjusting and
  processing association claims under this chapter.
         SECTION 6.  Subchapter A, Chapter 2210, Insurance Code, is
  amended by adding Section 2210.015 to read as follows:
         Sec. 2210.015.  STUDY OF MARKET INCENTIVES; BIENNIAL
  REPORTING.  (a)  Each biennium, the department shall conduct a study
  of market incentives to promote participation in the voluntary
  windstorm and hail insurance market in the seacoast territory of
  this state. The study must address as possible incentives the
  mandatory or voluntary issuance of windstorm and hail insurance in
  conjunction with the issuance of a homeowners policy in the
  seacoast territory.
         (b)  The department shall include the results of the study
  conducted under this section in the report submitted under Section
  32.022.
         SECTION 7.  Subchapter B, Chapter 2210, Insurance Code, is
  amended by adding Sections 2210.062, 2210.063, 2210.064, 2210.065,
  2210.066, and 2210.067 to read as follows:
         Sec. 2210.062.  ADMINISTRATION BY CONTRACTED ADMINISTRATOR.
  (a) Notwithstanding any other law, the commissioner shall contract
  with an administrator to manage the association and administer the
  plan of operation beginning December 1, 2015.  The administrator
  may not exercise any power under the contract before December 1,
  2015.
         (b)  The administrator must hold either a managing general
  agent license issued under Chapter 4053 or a third-party
  administrator certificate of authority issued under Chapter 4151.
         (c)  The term of the administrator's contract may not exceed
  five years. The contract may be renewed for additional terms not to
  exceed five years for each term.
         (d)  In establishing the compensation paid to the
  administrator under the contract, the commissioner shall consider
  the cost of operations of the association and make every reasonable
  effort to ensure that the cost of operations of the association
  under the contract does not exceed average historical costs.
         Sec. 2210.063.  CONTRACTS BETWEEN ADMINISTRATOR AND PRIMARY
  INSURERS. (a) Notwithstanding any other law, the administrator
  shall contract with each primary insurer to administer and issue
  association policies and adjust and process claims under
  association policies beginning January 1, 2016.  A primary insurer
  may not exercise any power under the contract before January 1,
  2016.
         (b)  In establishing the compensation paid to each primary
  insurer under the contract, the administrator shall consider the
  cost of operations of the association and make every reasonable
  effort to ensure that the cost of operations of the association
  under the contract does not exceed average historical costs.
         Sec. 2210.064.  PROPRIETARY INFORMATION.  (a)  Any
  information, analyses, programs, or data acquired or created by the
  administrator under a contract under this chapter are property of
  the department.
         (b)  Information, analyses, programs, or data described by
  Subsection (a) are confidential and exempt from public disclosure
  under Chapter 552, Government Code.
         Sec. 2210.065.  OFFICE.  (a)  The administrator shall
  maintain an office in Austin, Texas.
         (b)  The commissioner may arrange to lease office space of
  the department to the administrator.
         Sec. 2210.066.  AUDIT. (a) The administrator is subject to
  audit by the commissioner and shall pay the costs incurred by the
  commissioner in performing an audit under this section in an amount
  the commissioner finds reasonable.
         (b)  Work papers, as defined by Section 401.020(a), from an
  audit are confidential and not subject to disclosure under Chapter
  552, Government Code.
         Sec. 2210.067.  ANNUAL REPORT OF ADMINISTRATOR. (a)  Not
  later than March 1 of each year, the administrator shall submit a
  report regarding the administrator's duties under this chapter to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives;
               (4)  the senate committee on business and commerce or
  the successor of that committee with jurisdiction over insurance;
               (5)  the house committee on insurance or the successor
  of that committee with jurisdiction over insurance; and
               (6)  the legislative oversight board established under
  Subchapter N.
         (b)  The report must be made in accordance with the terms of
  the administrator's contract with the department.
         SECTION 8.  Subchapter B-1, Chapter 2210, Insurance Code, is
  amended by amending Section 2210.071 and adding Sections 2210.0715
  and 2210.0716 to read as follows:
         Sec. 2210.071.  PAYMENT OF EXCESS LOSSES[; PAYMENT FROM
  RESERVES AND TRUST FUND].  [(a)]  If, in a catastrophe year, an
  occurrence or series of occurrences in a catastrophe area results
  in insured losses and operating expenses of the association in
  excess of premium and other revenue of the association, the excess
  losses and operating expenses shall be paid as provided by this
  subchapter.
         Sec. 2210.0715.  PAYMENT FROM RESERVES AND TRUST FUND. [(b)]  
  The association shall pay losses in excess of premium and other
  revenue of the association from available reserves of the
  association and available amounts in the catastrophe reserve trust
  fund.
         Sec. 2210.0716.  PAYMENT FROM CLASS 1 ASSESSMENTS. (a)  
  Losses in a catastrophe year not paid under Section 2210.0715 shall
  be paid as provided by this section from Class 1 member assessments
  not to exceed $500 million for that catastrophe year.
         (b)  The administrator, with the approval of the
  commissioner, shall notify each member of the amount of the
  member's assessment under this section. The proportion of the
  losses allocable to each insurer under this section shall be
  determined in the manner used to determine each insurer's
  participation in the association for the year under Section
  2210.052.
         (c)  A member of the association may not recoup an assessment
  paid under this section through a premium surcharge or tax credit.
         [(c)     Losses not paid under Subsection (b) shall be paid from
  the proceeds from public securities issued in accordance with this
  subchapter and Subchapter M and, notwithstanding Subsection (a),
  may be paid from the proceeds of public securities issued under
  Section 2210.072(a) before an occurrence or series of occurrences
  that results in insured losses.]
         SECTION 9.  Sections 2210.072(a), (b), (b-1), (c), and (f),
  Insurance Code, are amended to read as follows:
         (a)  Losses not paid under Sections 2210.0715 and 2210.0716
  [Section 2210.071(b)] shall be paid as provided by this section
  from the proceeds from Class 1 public securities authorized to be
  issued in accordance with Subchapter M before, on, or after the date
  of any occurrence or series of occurrences that results in insured
  losses.  Public securities issued under this section must be paid 
  [repaid] within a period not to exceed 10 [14] years[,] and may be
  paid [repaid] sooner if the board of directors elects to do so and
  the commissioner approves.
         (b)  Public securities described by Subsection (a) that are
  issued before an occurrence or series of occurrences that results
  in incurred losses:
               (1)  may be issued on the request of the board of
  directors with the approval of the commissioner; and
               (2)  may not, in the aggregate, exceed $500 million [$1
  billion] at any one time, regardless of the calendar year or years
  in which the outstanding public securities were issued.
         (b-1)  Public securities described by Subsection (a):
               (1)  shall be issued as necessary in a principal amount
  not to exceed $500 million [$1 billion] per catastrophe year, in the
  aggregate, for securities issued during that catastrophe year
  before the occurrence or series of occurrences that results in
  incurred losses in that year and securities issued on or after the
  date of that occurrence or series of occurrences, and regardless of
  whether for a single occurrence or a series of occurrences; and
               (2)  subject to the [$1 billion] maximum described by
  Subdivision (1), may be issued, in one or more issuances or
  tranches, during the calendar year in which the occurrence or
  series of occurrences occurs or, if the public securities cannot
  reasonably be issued in that year, during the following calendar
  year.
         (c)  If public securities are issued as described by this
  section, the public securities shall be paid [repaid] in the manner
  prescribed by Subchapter M [from association premium revenue].
         (f)  If, under Subsection (e), the proceeds of any
  outstanding public securities issued during a previous catastrophe
  year must be depleted, those proceeds shall count against the $500
  million [$1 billion] limit on public securities described by this
  section in the catastrophe year in which the proceeds must be
  depleted.
         SECTION 10.  Subchapter B-1, Chapter 2210, Insurance Code,
  is amended by adding Section 2210.0725 to read as follows:
         Sec. 2210.0725.  PAYMENT FROM CLASS 2 ASSESSMENTS. (a)  
  Losses in a catastrophe year not paid under Sections 2210.0715,
  2210.0716, and 2210.072 shall be paid as provided by this section
  from Class 2 member assessments not to exceed $500 million for that
  catastrophe year.
         (b)  The administrator, with the approval of the
  commissioner, shall notify each member of the amount of the
  member's assessment under this section. The proportion of the
  losses allocable to each insurer under this section shall be
  determined in the manner used to determine each insurer's
  participation in the association for the year under Section
  2210.052.
         (c)  A member of the association may not recoup an assessment
  paid under this section through a premium surcharge or tax credit.
         SECTION 11.  Section 2210.073, Insurance Code, is amended to
  read as follows:
         Sec. 2210.073.  PAYMENT FROM CLASS 2 PUBLIC SECURITIES.  (a)  
  Losses not paid under Sections 2210.0715, 2210.0716, [2210.071 and]
  2210.072, and 2210.0725 shall be paid as provided by this section
  from the proceeds from Class 2 public securities authorized to be
  issued in accordance with Subchapter M on or after the date of any
  occurrence or series of occurrences that results in insured losses
  [under this subsection].  Public securities issued under this
  section must be paid [repaid] within a period not to exceed 10
  years[,] and may be paid [repaid] sooner if the board of directors
  elects to do so and the commissioner approves.
         (b)  Public securities described by Subsection (a):
               (1)  shall [may] be issued as necessary in a principal
  amount not to exceed $500 million [$1 billion] per catastrophe
  year, in the aggregate, whether for a single occurrence or a series
  of occurrences; and
               (2)  subject to the [$1 billion] maximum described by
  Subdivision (1), may be issued, in one or more issuances or
  tranches, during the calendar year in which the occurrence or
  series of occurrences occurs or, if the public securities cannot
  reasonably be issued in that year, during the following calendar
  year.
         (c)  If the losses are paid with public securities described
  by this section, the public securities shall be paid [repaid] in the
  manner prescribed by Subchapter M.
         SECTION 12.  Section 2210.102, Insurance Code, is amended to
  read as follows:
         Sec. 2210.102.  COMPOSITION. (a) The board of directors is
  composed of nine members appointed by the governor [commissioner]
  in accordance with this section.
         (b)  Three [Four] members must be representatives of the
  insurance industry who actively write and renew windstorm and hail
  insurance in the first tier coastal counties.
         (c)  Three [Four] members must, as of the date of the
  appointment, reside in the first tier coastal counties.  Each of
  the following regions must be represented by a member residing in
  the region and [At least one of the members] appointed under this
  subsection:
               (1)  the region consisting of Cameron, Kenedy, Kleberg,
  and Willacy Counties;
               (2)  the region consisting of Aransas, Calhoun, Nueces,
  Refugio, and San Patricio Counties; and
               (3)  the region consisting of Brazoria, Chambers,
  Galveston, Jefferson, and Matagorda Counties and any part of Harris
  County designated as a catastrophe area under Section 2210.005.
         (c-1)  One of the members appointed under Subsection (c) must
  be a property and casualty agent who is licensed under this code and
  is not a captive agent.
         (d)  One member must be a representative of an area of this
  state that is not located in the seacoast territory [with
  demonstrated expertise in insurance and actuarial principles].
         (d-1)  One member must be an engineer who:
               (1)  is knowledgeable of, and has professional
  expertise in, wind-related design and construction practices in
  coastal areas that are subject to high winds and hurricanes; and
               (2)  resides in a second tier coastal county.
         (d-2)  One member must be a representative of the financial
  industry who resides in a second tier coastal county.
         (e)  All members must have demonstrated experience in
  insurance, general business, or actuarial principles and the
  member's area of expertise, if any, sufficient to make the success
  of the association probable.
         (f)  Insurers who are members of the association shall
  nominate, from among those members, persons to fill any vacancy in
  the three [four] board of director seats reserved for
  representatives of the insurance industry.  The board of directors
  shall solicit nominations from the members and submit the
  nominations to the governor [commissioner].  The nominee slate
  submitted to the governor [commissioner] under this subsection must
  include at least three more names than the number of vacancies.  The
  governor may [commissioner shall] appoint replacement insurance
  industry representatives from the nominee slate.
         (g)  In addition to the nine members appointed under
  Subsection (a), the governor [The commissioner] shall appoint three
  individuals [one person] to serve as [a] nonvoting ex officio
  members [member] of the board to advise the board [regarding issues
  relating to the inspection process.   The commissioner may give
  preference in an appointment under this subsection to a person who
  is a qualified inspector under Section 2210.254].  Each [The]
  nonvoting member appointed under this section must:
               (1)  hold an elective office of this state or a
  political subdivision of this state; and
               (2)  reside in and represent one of the following
  areas:
                     (A)  the northern portion of the seacoast
  territory [be an engineer licensed by, and in good standing with,
  the Texas Board of Professional Engineers];
                     (B)  the southern portion of the seacoast
  territory [(2)  reside in a first tier coastal county]; or [and]
                     (C)  an area of this state that is not located in
  the seacoast territory [(3)     be knowledgeable of, and have
  professional expertise in, wind-related design and construction
  practices in coastal areas that are subject to high winds and
  hurricanes].
         (h)  The persons appointed under Subsection (g) [(c)] must
  each reside in a [be from] different area described by Subsection
  (g)(2) and in different counties.
         SECTION 13.  Section 2210.103(c), Insurance Code, is amended
  to read as follows:
         (c)  A member of the board of directors may be removed by the
  governor [commissioner] with cause stated in writing and posted on
  the association's website.  The governor [commissioner] shall
  appoint a replacement in accordance with [the manner provided by]
  Section 2210.102 for a member who leaves or is removed from the
  board of directors.
         SECTION 14.  Chapter 2210, Insurance Code, is amended by
  adding Subchapter D-1 to read as follows:
  SUBCHAPTER D-1.  PRIMARY INSURER
         Sec. 2210.175.  ADMINISTRATION AND ISSUANCE OF ASSOCIATION
  POLICIES AND ADJUSTMENT AND PROCESSING OF CLAIMS BY PRIMARY
  INSURER. (a)  A primary insurer that has primary coverage on
  property for loss by fire shall administer and issue an association
  policy providing windstorm and hail insurance coverage for the same
  property and adjust and process all claims made on the association
  policy in accordance with this chapter, the plan of operation, and
  the contract entered into under Section 2210.063.
         (b)  An insurer acting under this chapter is an agent of the
  association for purposes of Sections 2210.014 and 2210.572.
         (c)  An insurer acting in accordance with this section is not
  liable for any amount payable under the terms of the association
  policy.
         SECTION 15.  Subchapter E, Chapter 2210, Insurance Code, is
  amended by adding Sections 2210.2022 and 2210.211 to read as
  follows:
         Sec. 2210.2022.  INFORMATION REQUIRED FOR CERTAIN
  APPLICATIONS. An application for association coverage, including
  an application for new or renewal coverage on or after January 1,
  2016, must include information on any policy covering the property
  for perils other than windstorm and hail, including:
               (1)  the total premium for the policy, including a
  policy number for coverage issued by the FAIR Plan Association
  under Chapter 2211, if applicable, and:
                     (A)  the amount of insurance on the dwelling and
  contents provided by the policy; or
                     (B)  if the policy is a tenants policy or
  condominium owners policy, the insured amount for the contents
  coverage; and
               (2)  the deductibles applicable for the policy.
         Sec. 2210.211.  CONFIDENTIAL INFORMATION.  (a)  Except as
  provided by Subsection (b), all information, data, and databases
  collected and used under Section 2210.2022 are confidential
  information not subject to disclosure under Chapter 552, Government
  Code.
         (b)  Information described by Subsection (a) may be used for
  the purposes and in the manner described by this chapter and Chapter
  2211.
         SECTION 16.  The heading to Subchapter J, Chapter 2210,
  Insurance Code, is amended to read as follows:
  SUBCHAPTER J. CATASTROPHE RESERVE TRUST FUND; [AND] REINSURANCE AND
  ALTERNATIVE RISK FINANCING [PROGRAM]
         SECTION 17.  Section 2210.452, Insurance Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsection (f) to
  read as follows:
         (a)  The commissioner shall adopt rules under which the
  association makes payments to the catastrophe reserve trust fund.
  Except as otherwise specifically provided by this section, the
  [The] trust fund may be used only for purposes directly related to
  funding the payment of insured losses, including:
               (1)  funding [to fund] the obligations of the trust
  fund under Subchapter B-1; and
               (2)  purchasing reinsurance or using alternative risk
  financing mechanisms under Section 2210.453.
         (c)  At the end of each calendar year or policy year, the
  association shall use the net gain from operations of the
  association, including all premium and other revenue of the
  association in excess of incurred losses, operating expenses,
  public security obligations, and public security administrative
  expenses, to make payments to the trust fund, [to] procure
  reinsurance, or use alternative risk financing mechanisms, or to
  make payments to the trust fund and [to] procure reinsurance or use
  alternative risk financing mechanisms.
         (d)  The commissioner by rule shall establish the procedure
  relating to the disbursement of money from the trust fund to
  policyholders and for association administrative expenses directly
  related to funding the payment of insured losses in the event of an
  occurrence or series of occurrences within a catastrophe area that
  results in a disbursement under Subchapter B-1.
         (f)  The commissioner by rule shall establish the procedure
  relating to the disbursement of money from the trust fund to pay for
  operating expenses, including reinsurance or alternative risk
  financing mechanisms under Section 2210.453, if the association
  does not have sufficient premium and other revenue.
         SECTION 18.  Section 2210.453, Insurance Code, is amended to
  read as follows:
         Sec. 2210.453.  REINSURANCE AND ALTERNATIVE RISK FINANCING
  MECHANISMS. (a) The association shall [may:
               [(1)  make payments into the trust fund; and
               [(2)]  purchase reinsurance or use alternative risk
  financing mechanisms in an amount equal to the probable maximum
  loss for the association for a catastrophe year with a probability
  of one in 100.
         (b)  Any [The association may purchase] reinsurance
  purchased or alternative risk financing mechanism used under this
  section operates [that operates] in addition to [or in concert with
  the trust fund,] public securities, other approved financial
  instruments, and assessments authorized by this chapter.
         (c)  The attachment point for reinsurance purchased under
  this section may not be less than the aggregate amount of all
  funding available to the association under Subchapter B-1.  [If the
  association does not purchase reinsurance as authorized by this
  section, the board, not later than June 1 of each year, shall submit
  to the commissioner, the legislative oversight board established
  under Subchapter N, the governor, the lieutenant governor, and the
  speaker of the house of representatives a report containing an
  actuarial plan for paying losses in the event of a catastrophe with
  estimated damages of $2.5 billion or more. The report required by
  this subsection must:
               [(1)     document and denominate the association's
  resources available to pay claims, including cash or other highly
  liquid assets, assessments that the association is projected to
  impose, pre-event and post-event bonding capacity, and
  private-sector recognized risk-transfer mechanisms, including
  catastrophe bonds and reinsurance;
               [(2)     include an independent, third-party appraisal of
  the likelihood of an assessment, the maximum potential size of the
  assessment, and an estimate of the probability that the assessment
  would not be adequate to meet the association's needs; and
               [(3)     include an analysis of financing alternatives to
  assessments that includes the costs of borrowing and the
  consequences that additional purchase of reinsurance, catastrophe
  bonds, or other private-sector recognized risk-transfer
  instruments would have in reducing the size or potential of
  assessments.
         [(d)     A person who prepares a report required by Subsection
  (c) may not contract to provide any other service to the
  association, except for the preparation of similar reports, before
  the third anniversary of the date the last report prepared by the
  person under that subsection is submitted.
         [(e)     The report submitted under this section is for
  informational purposes only and does not bind the association to a
  particular course of action.]
         SECTION 19.  Section 2210.602, Insurance Code, is amended by
  adding Subdivisions (2-a) and (3-a) to read as follows:
               (2-a)  "Class 1 public security trust fund" means the
  dedicated trust fund established by the board and held by the Texas
  Treasury Safekeeping Trust Company into which premium surcharges
  collected under Section 2210.612 for the purpose of repaying Class
  1 public securities are deposited.
               (3-a)  "Class 2 public security trust fund" means the
  dedicated trust fund established by the board and held by the Texas
  Treasury Safekeeping Trust Company into which premium surcharges
  collected under Section 2210.613 for the purpose of repaying Class
  2 public securities are deposited.
         SECTION 20.  Section 2210.604(a), Insurance Code, is amended
  to read as follows:
         (a)  At the request of the association and with the approval
  of the commissioner, the Texas Public Finance Authority shall issue
  Class 1 or [,] Class 2[, or Class 3] public securities.  The
  association shall submit to the commissioner a cost-benefit
  analysis of various financing methods and funding structures when
  requesting the issuance of public securities under this subsection.
         SECTION 21.  Section 2210.609, Insurance Code, is amended to
  read as follows:
         Sec. 2210.609.  REPAYMENT OF ASSOCIATION'S PUBLIC SECURITY
  OBLIGATIONS.  (a)  The board and the association shall enter into an
  agreement under which the association shall provide for the payment
  of all public security obligations from available funds collected
  by the association and deposited as required by this subchapter 
  [into the public security obligation revenue fund].  If the
  association determines that it is unable to pay the public security
  obligations and public security administrative expenses, if any,
  with available funds, the association shall pay those obligations
  and expenses in accordance with Sections 2210.612 and [,] 2210.613,
  [2210.6135, and 2210.6136] as applicable.  Class 1 or [,]  Class
  2[, or Class 3] public securities may be issued on a parity or
  subordinate lien basis with other Class 1 or [,] Class 2[, or Class
  3] public securities, respectively.
         (b)  If any public securities issued under this chapter are
  outstanding, the authority shall notify the association of the
  amount of the public security obligations and the estimated amount
  of public security administrative expenses, if any, each calendar
  year in a period sufficient, as determined by the association, to
  permit the association to determine the availability of funds[,
  assess members of the association under Sections 2210.613 and
  2210.6135,] and assess a premium surcharge if necessary.
         (c)  The association shall deposit all revenue collected
  under Section 2210.612 in the Class 1 public security trust fund and
  [public security obligation revenue fund,] all revenue collected
  under Section 2210.613 [2210.613(b)] in the Class 2 public security
  trust fund [premium surcharge trust fund, and all revenue collected
  under Sections 2210.613(a) and 2210.6135 in the member assessment
  trust fund].  Money deposited in a fund may be invested as
  permitted by general law.  Money in a fund required to be used to
  pay public security obligations and public security administrative
  expenses, if any, shall be transferred to the appropriate funds in
  the manner and at the time specified in the proceedings authorizing
  the public securities to ensure timely payment of obligations and
  expenses.  This may include the board establishing funds and
  accounts with the comptroller that the board determines are
  necessary to administer and repay the public security
  obligations.  If the association has not transferred amounts
  sufficient to pay the public security obligations to the board's
  designated interest and sinking fund in a timely manner, the board
  may direct the Texas Treasury Safekeeping Trust Company to transfer
  from the Class 1 public security trust fund [public security
  obligation revenue fund, the premium surcharge trust fund,] or the
  Class 2 public security trust fund [member assessment trust fund]
  to the appropriate account the amount necessary to pay the public
  security obligation.
         (d)  The association shall provide for the payment of the
  public security obligations and the public security administrative
  expenses by irrevocably pledging revenues received from premiums,
  [member assessments,] premium surcharges, and amounts on deposit in
  the Class 1 public security trust fund [public security obligation
  revenue fund, the premium surcharge trust fund,] and the Class 2
  public security trust fund [member assessment trust fund], together
  with any public security reserve fund, as provided in the
  proceedings authorizing the public securities and related credit
  agreements.
         (e)  An amount owed by the board under a credit agreement
  shall be payable from and secured by a pledge of revenues received
  by the association [or amounts from the public security obligation
  trust fund], the Class 1 public security trust fund [premium
  surcharge trust fund], and the Class 2 public security trust fund
  [member assessment trust fund] to the extent provided in the
  proceedings authorizing the credit agreement.
         SECTION 22.  Section 2210.610(a), Insurance Code, is amended
  to read as follows:
         (a)  Revenues received from the premium surcharges under
  Sections 2210.612 and [Section] 2210.613 [and member assessments
  under Sections 2210.613 and 2210.6135] may be applied only as
  provided by this subchapter.
         SECTION 23.  Section 2210.611, Insurance Code, is amended to
  read as follows:
         Sec. 2210.611.  EXCESS REVENUE COLLECTIONS AND INVESTMENT
  EARNINGS.  Revenue collected in any calendar year from a premium
  surcharge under Sections 2210.612 and [Section] 2210.613 [and
  member assessments under Sections 2210.613 and 2210.6135] that
  exceeds the amount of the public security obligations and public
  security administrative expenses payable in that calendar year and
  interest earned on the funds [public security obligation fund] may,
  in the discretion of the association, be:
               (1)  used to pay public security obligations payable in
  the subsequent calendar year, offsetting the amount of the premium
  surcharge [and member assessments, as applicable,] that would
  otherwise be required to be levied for the year under this
  subchapter;
               (2)  used to redeem or purchase outstanding public
  securities; or
               (3)  deposited in the catastrophe reserve trust fund.
         SECTION 24.  Section 2210.612, Insurance Code, is amended to
  read as follows:
         Sec. 2210.612.  PAYMENT OF CLASS 1 PUBLIC SECURITIES.
  (a)  The association shall pay Class 1 public securities issued
  under Section 2210.072 from:
               (1)  [its] net premium and other revenue; and
               (2)  if net premium and other revenue are not
  sufficient to pay the securities, a catastrophe area premium
  surcharge collected in accordance with this section.
         (b)  On approval by the commissioner, the association shall
  assess, as provided by this section, a premium surcharge to each
  policyholder of a policy described by Subsection (c).  The premium
  surcharge must be set in an amount sufficient to pay, for the
  duration of the issued public securities, all debt service not
  already covered by available funds and all related expenses on the
  public securities.
         (c)  The premium surcharge under this section shall be
  assessed on all policyholders of association policies issued under
  this chapter.
         (d)  A premium surcharge under this section is a separate
  charge in addition to the premiums collected and is not subject to
  premium tax or commissions.  Failure by a policyholder to pay the
  surcharge constitutes failure to pay premium for purposes of policy
  cancellation.
         (e) [(b)]  The association may enter financing arrangements
  as described by Section 2210.072(d) as necessary to obtain public
  securities issued under Section 2210.072.  Nothing in this
  subsection shall prevent the authorization and creation of one or
  more programs for the issuance of commercial paper before the date
  of an occurrence or series of occurrences that results in insured
  losses under Section 2210.072(a).
         SECTION 25.  Section 2210.613, Insurance Code, is amended to
  read as follows:
         Sec. 2210.613.  PAYMENT OF CLASS 2 PUBLIC SECURITIES. (a)
  The association shall pay Class 2 public securities issued under
  Section 2210.073 from:
               (1)  net premium and other revenue; and
               (2)  if net premium and other revenue are not
  sufficient to pay the securities, a catastrophe area premium
  surcharge collected in accordance with this section.
         (b)  On approval by the commissioner, the association and
  each insurer that provides insurance in a catastrophe area shall
  assess, as provided by this section, a premium surcharge to each
  policyholder of a policy described by Subsection (c).  The premium
  surcharge must be set in an amount sufficient to pay, for the
  duration of the issued public securities, all debt service not
  already covered by available funds and all related expenses on the
  public securities [as provided by this section.     Thirty percent of
  the cost of the public securities shall be paid through member
  assessments as provided by this section.   The association shall
  notify each member of the association of the amount of the member's
  assessment under this section.     The proportion of the losses
  allocable to each insurer under this section shall be determined in
  the manner used to determine each insurer's participation in the
  association for the year under Section 2210.052. A member of the
  association may not recoup an assessment paid under this subsection
  through a premium surcharge or tax credit].
         [(b)     Seventy percent of the cost of the public securities
  shall be paid by a premium surcharge collected under this section in
  an amount set by the commissioner.     On approval by the
  commissioner, each insurer, the association, and the Texas FAIR
  Plan Association shall assess, as provided by this section, a
  premium surcharge to each policyholder of a policy that is in effect
  on or after the 180th day after the date the commissioner issues
  notice of the approval of the public securities.     The premium
  surcharge must be set in an amount sufficient to pay, for the
  duration of the issued public securities, all debt service not
  already covered by available funds or member assessments and all
  related expenses on the public securities.]
         (c)  The premium surcharge under this section [Subsection
  (b)] shall be assessed on all policyholders of policies that cover
  insured property that is located in a catastrophe area, including
  automobiles principally garaged in a catastrophe area.  The
  premium surcharge shall be assessed on each Texas windstorm and
  hail insurance policy and each property and casualty insurance
  policy, including an automobile insurance policy, issued for
  automobiles and other property located in the catastrophe area.  
  The [A] premium surcharge [under Subsection (b)] applies to:
               (1)  all policies written under the following lines of
  insurance:
                     (A)  fire and allied lines;
                     (B)  farm and ranch owners;
                     (C)  residential property insurance;
                     (D)  private passenger automobile liability and
  physical damage insurance; and
                     (E)  commercial automobile liability and physical
  damage insurance; and
               (2)  the property insurance portion of a commercial
  multiple peril insurance policy.
         (d)  A premium surcharge under this section [Subsection (b)]
  is a separate charge in addition to the premiums collected and is
  not subject to premium tax or commissions.  Failure by a
  policyholder to pay the surcharge constitutes failure to pay
  premium for purposes of policy cancellation.
         SECTION 26.  Section 2210.614, Insurance Code, is amended to
  read as follows:
         Sec. 2210.614.  REFINANCING PUBLIC SECURITIES. The
  association may request the board to refinance any public
  securities issued in accordance with Subchapter B-1, whether Class
  1 or [,] Class 2[, or Class 3] public securities, with public
  securities payable from the same sources as the original public
  securities.
         SECTION 27.  Section 2210.616(a), Insurance Code, is amended
  to read as follows:
         (a)  The state pledges for the benefit and protection of
  financing parties, the board, and the association that the state
  will not take or permit any action that would:
               (1)  impair the collection of [member assessments and]
  premium surcharges or the deposit of those funds into the Class 1
  public security [member assessment] trust fund or Class 2 public
  security [premium surcharge] trust fund;
               (2)  reduce, alter, or impair the [member assessments
  or] premium surcharges to be imposed, collected, and remitted to
  financing parties until the principal, interest, and premium, and
  any other charges incurred and contracts to be performed in
  connection with the related public securities, have been paid and
  performed in full; or
               (3)  in any way impair the rights and remedies of the
  public security owners until the public securities are fully
  discharged.
         SECTION 28.  Section 2210.6165, Insurance Code, is amended
  to read as follows:
         Sec. 2210.6165.  PROPERTY RIGHTS.  If public securities
  issued under this subchapter are outstanding, the rights and
  interests of the association, a successor to the association, any
  member of the association, or any member of the Texas FAIR Plan
  Association, including the right to impose, collect, and receive a
  premium surcharge [or a member assessment] authorized under this
  subchapter, are only contract rights until those revenues are first
  pledged for the repayment of the association's public security
  obligations as provided by Section 2210.609.
         SECTION 29.  The following provisions of Chapter 2210,
  Insurance Code, are repealed:
               (1)  Section 2210.074;
               (2)  Sections 2210.602(4), (5-a), (6-b), (6-c), and
  (10);
               (3)  Section 2210.605(c); and
               (4)  Sections 2210.6135 and 2210.6136.
         SECTION 30.  (a)  The board of directors of the Texas
  Windstorm Insurance Association established under Section
  2210.102, Insurance Code, as that section existed before amendment
  by this Act, is abolished effective October 1, 2015.
         (b)  The governor shall appoint the members of the board of
  directors of the Texas Coastal Insurance Association under Section
  2210.102, Insurance Code, as amended by this Act, effective October
  1, 2015.  The initial directors shall draw lots to achieve staggered
  terms, with three of the directors serving one-year terms, three of
  the directors serving two-year terms, and three of the directors
  serving three-year terms.
         (c)  The term of a person who is serving as a member of the
  board of directors of the Texas Windstorm Insurance Association
  immediately before the abolition of that board under Subsection (a)
  of this section expires on October 1, 2015. Such a person is
  eligible for appointment by the governor to the new board of
  directors of the Texas Coastal Insurance Association under Section
  2210.102, Insurance Code, as amended by this Act.
         (d)  Section 2210.175, Insurance Code, as added by this Act,
  applies only to administering or issuing a policy or adjusting or
  processing a claim under a policy issued on or after January 1,
  2016.
         (e)  Subchapter M, Chapter 2210, Insurance Code, as it
  existed before the effective date of this Act, is applicable to bond
  obligations incurred under Chapter 2210, Insurance Code, before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         (f)  It is the intent of the legislature that each member of
  the legislative oversight board appointed under Section 2210.652,
  Insurance Code, and serving on the effective date of this Act
  continues to serve after the effective date of this Act until a
  successor is appointed under that section.
         SECTION 31.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2015.