Tex. Ins. Code § 2602.153 · Subchapter D. POLICY GUARANTY FEES
USE OF FEE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The association shall collect, receive, retain, disburse, and advance the guaranty fees only as specifically provided by this chapter.
(b) The following claims shall be paid from guaranty fees only and may not be paid from assessments:
(1) covered claims against trust funds or an escrow account of an impaired agent under Section 2602.252;
(2) expenses incurred in complying with Subchapter J;
(3) conservator and receiver expenses under Section 2602.254; and
(4) administrative expenses with respect to the estate of an impaired agent under Section 2602.110.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1025, Sec. 18, eff. September 1, 2009.
(d) Guaranty fees may be used only for payment of:
(1) claims described by Subsection (b); and
(2) expenses related to:
(A) an audit or an examination conducted by the department or the association under this chapter;
(B) the supervision and coordination of such an audit or examination; and
(C) an action under Section 2602.452.
(e) The association may advance money from the guaranty fee account as the association considers necessary to provide for the payment of covered claims related to an impaired agent and administrative expenses related to the evaluation and payment of those claims. The advanced money shall be repaid to the guaranty fee account as soon as is practicable with money from guaranty fees or the estate of the impaired agent. No interest may accrue on the advanced money.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1025 (H.B. 4338), Sec. 8, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1025 (H.B. 4338), Sec. 18, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 775 (H.B. 1614), Sec. 15, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.2602.htm
- Text hash
- sha256 eabd71d2700328d453e44a85cb5aea6774804fc0ecd40596b8d0f6a83fbda7a5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Insurance Code
- Tex. Ins. Code § 2602.110EXPENSES OF ADMINISTERING IMPAIRED INSURER OR IMPAIRED AGENT.Printed as Section 2602.110
- Tex. Ins. Code § 2602.252CLAIM AGAINST TRUST FUNDS OR ESCROW ACCOUNT.Printed as Section 2602.252
- Tex. Ins. Code § 2602.254CERTAIN CONSERVATOR AND RECEIVER EXPENSES COVERED.Printed as Section 2602.254
- Tex. Ins. Code § 2602.452ACTIONS FOR CERTAIN AGENTS.Printed as Section 2602.452
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.