State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-2154-volunteer-fire-department-motor-vehicle-self-insurance-program

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE G. POOLS, GROUPS, PLANS, AND SELF-INSURANCE

CHAPTER 2154. VOLUNTEER FIRE DEPARTMENT MOTOR VEHICLE

SELF-INSURANCE PROGRAM

Sec. 2154.001. DEFINITIONS. In this chapter:

(1) "Fund" means the volunteer fire department self-insurance

fund established under Section 2154.005.

(2) "Program" means the volunteer fire department motor vehicle

self-insurance program administered under this chapter.

(3) "Service" means the Texas Forest Service of The Texas

A&M University System.

(4) "Volunteer fire department" means a fire department operated

by the fire department's members on a not-for-profit basis. The

term includes a fire department that is exempt from federal

income tax under Section 501(a), Internal Revenue Code of 1986,

by being listed as an exempt organization in Section 501(c)(3) of

that code.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.002. MOTOR VEHICLE SELF-INSURANCE PROGRAM. (a) The

service shall administer a volunteer fire department

self-insurance program that:

(1) identifies and evaluates risks arising from the use of motor

vehicles by volunteer fire departments;

(2) maintains a loss-prevention and loss-control program to

reduce risks arising from the use of motor vehicles by volunteer

fire departments;

(3) consolidates and administers volunteer fire department risk

management and self-insurance programs; and

(4) provides motor vehicle self-insurance coverage in accordance

with Section 2154.003.

(b) The service may employ staff to administer the program.

(c) The director of the service may adopt rules to implement and

administer the program.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.003. SELF-INSURANCE POOL; COVERAGE. (a) The program

shall administer a self-insurance pool to provide coverage for

motor vehicles a volunteer fire department uses for fire

fighting.

(b) The coverage may indemnify an official, employee, member, or

volunteer of a volunteer fire department for liability arising

from the use of a covered motor vehicle in performing the

person's fire-fighting duties. The maximum limits of coverage

are:

(1) for bodily injury or death:

(A) $100,000 for each person; and

(B) $300,000 for each single occurrence; and

(2) for injury to or destruction of property, $100,000 for each

single occurrence.

(c) Self-insurance coverage provided under this section may be

funded only from money available from the fund.

(d) The director of the service may establish:

(1) eligibility requirements for participation in coverage under

this section; and

(2) equipment and safety standards for the motor vehicles to be

covered under this section.

(e) Coverage limits of self-insurance provided under this

section must be based on the liquidity of the fund after

deducting the cost of administering this chapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.004. PARTICIPATION IN SELF-INSURANCE POOL. (a) To

participate in coverage provided under Section 2154.003, a

volunteer fire department must submit a written request to the

program.

(b) The director of the program shall approve the request for

participation if each motor vehicle to be covered meets the

eligibility requirements and equipment and safety standards

established under Section 2154.003(d).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.005. VOLUNTEER FIRE DEPARTMENT SELF-INSURANCE FUND.

(a) The fund is an account in a depository selected by the board

of regents of The Texas A&M University System in the manner

provided by Section 51.003, Education Code, for funds subject to

the control of institutions of higher education under Section

51.002, Education Code.

(b) The fund is composed of:

(1) money collected under Section 2154.007; and

(2) interest accruing on money in the fund.

(c) Money in the fund may be spent only for:

(1) funding self-insurance under the program; or

(2) administering this chapter, including paying the salaries

and expenses of staff for the program and the fund.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 3B.059(a), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 9.059(a), eff. September 1, 2007.

Sec. 2154.006. LIMITATION ON STATE'S LIABILITY. The state's

liability for a loss covered by self-insurance provided under

this chapter is limited to the assets of the fund, and the state

is not otherwise liable for that loss.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.007. SELF-INSURANCE FEE. (a) The service may assess

and collect a reasonable fee from participating volunteer fire

departments to provide self-insurance coverage under this

chapter. In establishing the amount of the fee, the service shall

consider the amount that could be charged to the volunteer fire

department for similar insurance coverage provided to that

department in accordance with this code.

(b) Fees collected under this section shall be deposited to the

credit of the fund.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.008. LEGAL REPRESENTATION. (a) The service may

employ an attorney to represent a volunteer fire department or an

official, employee, member, or volunteer of a volunteer fire

department in a liability action for which insurance coverage is

provided under this chapter.

(b) The attorney general may not provide the services described

by Subsection (a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-2154-volunteer-fire-department-motor-vehicle-self-insurance-program

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE G. POOLS, GROUPS, PLANS, AND SELF-INSURANCE

CHAPTER 2154. VOLUNTEER FIRE DEPARTMENT MOTOR VEHICLE

SELF-INSURANCE PROGRAM

Sec. 2154.001. DEFINITIONS. In this chapter:

(1) "Fund" means the volunteer fire department self-insurance

fund established under Section 2154.005.

(2) "Program" means the volunteer fire department motor vehicle

self-insurance program administered under this chapter.

(3) "Service" means the Texas Forest Service of The Texas

A&M University System.

(4) "Volunteer fire department" means a fire department operated

by the fire department's members on a not-for-profit basis. The

term includes a fire department that is exempt from federal

income tax under Section 501(a), Internal Revenue Code of 1986,

by being listed as an exempt organization in Section 501(c)(3) of

that code.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.002. MOTOR VEHICLE SELF-INSURANCE PROGRAM. (a) The

service shall administer a volunteer fire department

self-insurance program that:

(1) identifies and evaluates risks arising from the use of motor

vehicles by volunteer fire departments;

(2) maintains a loss-prevention and loss-control program to

reduce risks arising from the use of motor vehicles by volunteer

fire departments;

(3) consolidates and administers volunteer fire department risk

management and self-insurance programs; and

(4) provides motor vehicle self-insurance coverage in accordance

with Section 2154.003.

(b) The service may employ staff to administer the program.

(c) The director of the service may adopt rules to implement and

administer the program.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.003. SELF-INSURANCE POOL; COVERAGE. (a) The program

shall administer a self-insurance pool to provide coverage for

motor vehicles a volunteer fire department uses for fire

fighting.

(b) The coverage may indemnify an official, employee, member, or

volunteer of a volunteer fire department for liability arising

from the use of a covered motor vehicle in performing the

person's fire-fighting duties. The maximum limits of coverage

are:

(1) for bodily injury or death:

(A) $100,000 for each person; and

(B) $300,000 for each single occurrence; and

(2) for injury to or destruction of property, $100,000 for each

single occurrence.

(c) Self-insurance coverage provided under this section may be

funded only from money available from the fund.

(d) The director of the service may establish:

(1) eligibility requirements for participation in coverage under

this section; and

(2) equipment and safety standards for the motor vehicles to be

covered under this section.

(e) Coverage limits of self-insurance provided under this

section must be based on the liquidity of the fund after

deducting the cost of administering this chapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.004. PARTICIPATION IN SELF-INSURANCE POOL. (a) To

participate in coverage provided under Section 2154.003, a

volunteer fire department must submit a written request to the

program.

(b) The director of the program shall approve the request for

participation if each motor vehicle to be covered meets the

eligibility requirements and equipment and safety standards

established under Section 2154.003(d).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.005. VOLUNTEER FIRE DEPARTMENT SELF-INSURANCE FUND.

(a) The fund is an account in a depository selected by the board

of regents of The Texas A&M University System in the manner

provided by Section 51.003, Education Code, for funds subject to

the control of institutions of higher education under Section

51.002, Education Code.

(b) The fund is composed of:

(1) money collected under Section 2154.007; and

(2) interest accruing on money in the fund.

(c) Money in the fund may be spent only for:

(1) funding self-insurance under the program; or

(2) administering this chapter, including paying the salaries

and expenses of staff for the program and the fund.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 3B.059(a), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 9.059(a), eff. September 1, 2007.

Sec. 2154.006. LIMITATION ON STATE'S LIABILITY. The state's

liability for a loss covered by self-insurance provided under

this chapter is limited to the assets of the fund, and the state

is not otherwise liable for that loss.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.007. SELF-INSURANCE FEE. (a) The service may assess

and collect a reasonable fee from participating volunteer fire

departments to provide self-insurance coverage under this

chapter. In establishing the amount of the fee, the service shall

consider the amount that could be charged to the volunteer fire

department for similar insurance coverage provided to that

department in accordance with this code.

(b) Fees collected under this section shall be deposited to the

credit of the fund.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.008. LEGAL REPRESENTATION. (a) The service may

employ an attorney to represent a volunteer fire department or an

official, employee, member, or volunteer of a volunteer fire

department in a liability action for which insurance coverage is

provided under this chapter.

(b) The attorney general may not provide the services described

by Subsection (a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-2154-volunteer-fire-department-motor-vehicle-self-insurance-program

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE G. POOLS, GROUPS, PLANS, AND SELF-INSURANCE

CHAPTER 2154. VOLUNTEER FIRE DEPARTMENT MOTOR VEHICLE

SELF-INSURANCE PROGRAM

Sec. 2154.001. DEFINITIONS. In this chapter:

(1) "Fund" means the volunteer fire department self-insurance

fund established under Section 2154.005.

(2) "Program" means the volunteer fire department motor vehicle

self-insurance program administered under this chapter.

(3) "Service" means the Texas Forest Service of The Texas

A&M University System.

(4) "Volunteer fire department" means a fire department operated

by the fire department's members on a not-for-profit basis. The

term includes a fire department that is exempt from federal

income tax under Section 501(a), Internal Revenue Code of 1986,

by being listed as an exempt organization in Section 501(c)(3) of

that code.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.002. MOTOR VEHICLE SELF-INSURANCE PROGRAM. (a) The

service shall administer a volunteer fire department

self-insurance program that:

(1) identifies and evaluates risks arising from the use of motor

vehicles by volunteer fire departments;

(2) maintains a loss-prevention and loss-control program to

reduce risks arising from the use of motor vehicles by volunteer

fire departments;

(3) consolidates and administers volunteer fire department risk

management and self-insurance programs; and

(4) provides motor vehicle self-insurance coverage in accordance

with Section 2154.003.

(b) The service may employ staff to administer the program.

(c) The director of the service may adopt rules to implement and

administer the program.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.003. SELF-INSURANCE POOL; COVERAGE. (a) The program

shall administer a self-insurance pool to provide coverage for

motor vehicles a volunteer fire department uses for fire

fighting.

(b) The coverage may indemnify an official, employee, member, or

volunteer of a volunteer fire department for liability arising

from the use of a covered motor vehicle in performing the

person's fire-fighting duties. The maximum limits of coverage

are:

(1) for bodily injury or death:

(A) $100,000 for each person; and

(B) $300,000 for each single occurrence; and

(2) for injury to or destruction of property, $100,000 for each

single occurrence.

(c) Self-insurance coverage provided under this section may be

funded only from money available from the fund.

(d) The director of the service may establish:

(1) eligibility requirements for participation in coverage under

this section; and

(2) equipment and safety standards for the motor vehicles to be

covered under this section.

(e) Coverage limits of self-insurance provided under this

section must be based on the liquidity of the fund after

deducting the cost of administering this chapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.004. PARTICIPATION IN SELF-INSURANCE POOL. (a) To

participate in coverage provided under Section 2154.003, a

volunteer fire department must submit a written request to the

program.

(b) The director of the program shall approve the request for

participation if each motor vehicle to be covered meets the

eligibility requirements and equipment and safety standards

established under Section 2154.003(d).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.005. VOLUNTEER FIRE DEPARTMENT SELF-INSURANCE FUND.

(a) The fund is an account in a depository selected by the board

of regents of The Texas A&M University System in the manner

provided by Section 51.003, Education Code, for funds subject to

the control of institutions of higher education under Section

51.002, Education Code.

(b) The fund is composed of:

(1) money collected under Section 2154.007; and

(2) interest accruing on money in the fund.

(c) Money in the fund may be spent only for:

(1) funding self-insurance under the program; or

(2) administering this chapter, including paying the salaries

and expenses of staff for the program and the fund.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 3B.059(a), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 9.059(a), eff. September 1, 2007.

Sec. 2154.006. LIMITATION ON STATE'S LIABILITY. The state's

liability for a loss covered by self-insurance provided under

this chapter is limited to the assets of the fund, and the state

is not otherwise liable for that loss.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.007. SELF-INSURANCE FEE. (a) The service may assess

and collect a reasonable fee from participating volunteer fire

departments to provide self-insurance coverage under this

chapter. In establishing the amount of the fee, the service shall

consider the amount that could be charged to the volunteer fire

department for similar insurance coverage provided to that

department in accordance with this code.

(b) Fees collected under this section shall be deposited to the

credit of the fund.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2154.008. LEGAL REPRESENTATION. (a) The service may

employ an attorney to represent a volunteer fire department or an

official, employee, member, or volunteer of a volunteer fire

department in a liability action for which insurance coverage is

provided under this chapter.

(b) The attorney general may not provide the services described

by Subsection (a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.


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