CHAPTER 2210. TEXAS WINDSTORM INSURANCE ASSOCIATION

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-2210-texas-windstorm-insurance-association

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

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

CHAPTER 2210. TEXAS WINDSTORM INSURANCE ASSOCIATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2210.001. PURPOSE. The primary purpose of the Texas

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.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 5, eff. June 19, 2009.

Sec. 2210.002. SHORT TITLE; SUNSET PROVISION. (a) This chapter

may be cited as the Texas Windstorm Insurance Association Act.

(b) The association is subject to review under Chapter 325,

Government Code (Texas Sunset Act), but is not abolished under

that chapter. The association shall be reviewed during the

period in which state agencies abolished in 2015 are reviewed.

The association shall pay the costs incurred by the Sunset

Advisory Commission in performing the review of the association

under this subsection. The Sunset Advisory Commission shall

determine the costs of the review performed under this

subsection, and the association shall pay the amount of those

costs promptly on receipt of a statement from the Sunset Advisory

Commission regarding those costs. This subsection expires

September 1, 2015.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 6, eff. June 19, 2009.

Sec. 2210.0025. BIENNIAL REPORT TO LEGISLATURE. On or before

December 31 of each even-numbered year, the board of directors

shall submit to the commissioner, the appropriate committees of

each house of the legislature, and the Sunset Advisory Commission

a written report relating to the operations of the association

during the preceding biennium. The report must include:

(1) any proposed changes in the laws relating to regulation of

the association and a statement of the reasons for the changes;

and

(2) any information regarding association operations or

procedures that is requested by the department to be addressed in

the report.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 7, eff. June 19, 2009.

Sec. 2210.003. GENERAL DEFINITIONS. In this chapter, unless the

context clearly indicates otherwise:

(1) "Association" means the Texas Windstorm Insurance

Association.

(2) "Board of directors" means the board of directors of the

association.

(3) "Catastrophe area" means a municipality, a part of a

municipality, a county, or a part of a county designated by the

commissioner under Section 2210.005.

(3-a) "Catastrophe reserve trust fund" means the trust fund

established under Subchapter J.

(4) "First tier coastal county" means:

(A) Aransas County;

(B) Brazoria County;

(D) Cameron County;

(E) Chambers County;

(F) Galveston County;

(G) Jefferson County;

(H) Kenedy County;

(I) Kleberg County;

(J) Matagorda County;

(K) Nueces County;

(L) Refugio County;

(M) San Patricio County; or

(N) Willacy County.

(5) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1408, Sec.

44(1), eff. June 19, 2009.

(6) "Insurance" means Texas windstorm and hail insurance.

(7) "Net direct premium" means gross direct written premium less

return premium on each canceled contract, regardless of assumed

or ceded reinsurance, that is written on property in this state,

as defined by the board of directors.

(8) "New building code" means a building standard,

specification, or guideline adopted by the commissioner after May

1, 1997, that must be satisfied before new residential

construction qualifies for a certificate of compliance that

constitutes evidence of insurability of the structure by the

association.

(9) "Plan of operation" means the plan adopted under this

chapter for the operation of the association.

(10) "Seacoast territory" means the territory of this state

composed of the first tier coastal counties and the second tier

coastal counties.

(11) "Second tier coastal county" means:

(A) Bee County;

(B) Brooks County;

(D) Goliad County;

(E) Hardin County;

(F) Harris County;

(G) Hidalgo County;

(H) Jackson County;

(I) Jim Wells County;

(J) Liberty County;

(K) Live Oak County;

(L) Orange County;

(M) Victoria County; or

(N) Wharton County.

(12) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1408, Sec.

44(1), eff. June 19, 2009.

(13) "Texas windstorm and hail insurance" means deductible

insurance against:

(A) direct loss to insurable property incurred as a result of

windstorm or hail, as those terms are defined and limited in

policies and forms approved by the department; and

(B) indirect losses resulting from the direct loss.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 8, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 44(1), eff. June 19, 2009.

Sec. 2210.004. DEFINITION OF INSURABLE PROPERTY. (a) Except as

provided by Subsection (h), for purposes of this chapter and

subject to this section, "insurable property" means immovable

property at a fixed location in a catastrophe area or corporeal

movable property located in that immovable property, as

designated in the plan of operation, that is determined by the

association according to the criteria specified in the plan of

operation to be in an insurable condition against windstorm and

hail, as determined by normal underwriting standards. The term

includes property described by Section 2210.209.

(b) A structure located in a catastrophe area, construction of

which began on or after the 30th day after the date of

publication of the plan of operation, that is not built in

compliance with building specifications set forth in the plan of

operation or continued in compliance with those specifications,

does not constitute an insurable risk for purposes of windstorm

and hail insurance except as otherwise provided by this chapter.

constructed in conformity with plans and specifications that

comply with the specifications set forth in the plan of operation

at the time construction begins may not be declared ineligible

for windstorm and hail insurance as a result of subsequent

changes in the building specifications set forth in the plan of

operation.

(d) Except as otherwise provided by this section, if repair of

damage to a structure involves replacement of items covered in

the building specifications set forth in the plan of operation,

the repairs must be completed in a manner that complies with

those specifications for the structure to continue to be

insurable property for windstorm and hail insurance.

(e) If repair to a structure, other than a roof repair that

exceeds 100 square feet, is less than five percent of the total

amount of property coverage on the structure, the repairs may be

completed in a manner that returns the structure to the

structure's condition immediately before the loss without

affecting the eligibility of the structure to qualify as

insurable property.

(f) This chapter does not preclude special rating of individual

risks as may be provided in the plan of operation.

(g) For purposes of this chapter, a residential structure is

insurable property if:

(1) the residential structure is not:

(A) a condominium, apartment, duplex, or other multifamily

residence; or

(B) a hotel or resort facility;

(2) the residential structure is located within an area

designated as a unit under the Coastal Barrier Resources Act

(Pub. L. No. 97-348); and

(3) a building permit or plat for the residential structure was

filed with the municipality, the county, or the United States

Army Corps of Engineers before June 11, 2003.

(h) For purposes of this chapter, a structure is not insurable

property if the commissioner of the General Land Office notifies

the association of a determination that the structure is located

on the public beach under procedures established under Section

61.011, Natural Resources Code, and that the structure:

(1) constitutes an imminent hazard to safety, health, or public

welfare; or

(2) substantially interferes with the free and unrestricted

right of the public to enter or leave the public beach or

traverse any part of the public beach.

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.061(a), eff. September 1, 2007.

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

921, Sec. 9.061(a), eff. September 1, 2007.

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

1256, Sec. 21, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 9, eff. June 19, 2009.

Sec. 2210.005. DESIGNATION AS CATASTROPHE AREA; REVOCATION OF

DESIGNATION. (a) After at least 10 days' notice and a hearing,

the commissioner may designate an area of the seacoast territory

of this state as a catastrophe area if the commissioner

determines, unless such a determination results in an adverse

impact to the exposure of the association, that windstorm and

hail insurance is not reasonably available to a substantial

number of the owners of insurable property located in that

territory because the territory is subject to unusually frequent

and severe damage resulting from windstorms or hailstorms.

(b) The commissioner shall revoke a designation made under

Subsection (a) if the commissioner determines, after at least 10

days' notice and a hearing, that the applicable insurance

coverage is no longer reasonably unavailable to a substantial

number of owners of insurable property within the designated

territory.

insurance is no longer reasonably unavailable to a substantial

number of owners of insurable property in a territory designated

as a catastrophe area, the association may request in writing

that the commissioner revoke the designation. After at least 10

days' notice and a hearing, but not later than the 30th day after

the date of the hearing, the commissioner shall:

(1) approve the request and revoke the designation; or

(2) reject the request.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 10, eff. June 19, 2009.

Sec. 2210.006. APPLICABILITY OF CHAPTER TO CERTAIN INSURERS.

(a) Except as provided by Subsection (b), this chapter applies

to each insurer authorized to engage in the business of property

insurance in this state, including a county mutual insurance

company, a Lloyd's plan, and a reciprocal or interinsurance

exchange.

(b) This chapter does not apply to:

(1) a farm mutual insurance company operating under Chapter 911;

(2) a nonaffiliated county mutual fire insurance company

described by Section 912.310 that is writing exclusively

industrial fire insurance policies as described by Section

912.310(a)(2); or

(3) a mutual insurance company or a statewide mutual assessment

company engaged in business under Chapter 12 or 13, Title 78,

Revised Statutes, respectively, before those chapters' repeal by

Section 18, Chapter 40, Acts of the 41st Legislature, 1st Called

Session, 1929, as amended by Section 1, Chapter 60, General Laws,

Acts of the 41st Legislature, 2nd Called Session, 1929, that

retains the rights and privileges under the repealed law to the

extent provided by those sections.

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.063(a), eff. September 1, 2007.

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

921, Sec. 9.063(a), eff. September 1, 2007.

Sec. 2210.007. IMMUNITY FROM LIABILITY IN GENERAL. (a) This

section applies to:

(1) the association and a director, agent, or association staff;

(2) the commissioner, the department, and department staff; and

(3) a participating insurer and the insurer's agents and staff.

(b) A person described by Subsection (a) is not liable, and a

cause of action does not arise against the person, for:

(1) an inspection made under the plan of operation; or

(2) any statement made in good faith by the person:

(A) in a report or communication concerning risks submitted to

the association; or

(B) at any administrative hearing conducted under this chapter

in connection with the inspection or statement.

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

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

Sec. 2210.008. DEPARTMENT ORDERS; GENERAL RULEMAKING AUTHORITY.

(a) The commissioner may issue any orders that the commissioner

considers necessary to implement this chapter.

(b) The commissioner may adopt rules in the manner prescribed by

Subchapter A, Chapter 36, as reasonable and necessary to

implement this chapter.

define the meaning of "alter" and "alteration" for purposes of

this chapter, specifically as used in Subchapters E and F.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 11, eff. June 19, 2009.

Sec. 2210.009. LIST OF PRIVATE INSURERS; INCENTIVE PLAN. (a)

The department shall maintain a list of all insurers that engage

in the business of property and casualty insurance in the

voluntary market in the seacoast territory.

(b) The department shall develop incentive programs in the

manner described by Section 2210.053(b) to encourage authorized

insurers to write insurance on a voluntary basis and to minimize

the use of the association as a means to obtain insurance.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 12, eff. June 19, 2009.

SUBCHAPTER B. ADMINISTRATION OF ASSOCIATION

Sec. 2210.051. COMPOSITION OF ASSOCIATION; REQUIRED MEMBERSHIP.

(a) The association is composed of all property insurers

authorized to engage in the business of property insurance in

this state, other than insurers prevented by law from writing on

a statewide basis coverages available through the association.

(b) As a condition of the insurer's authority to engage in the

business of insurance in this state, each insurer subject to

Subsection (a) must be a member of the association and must

remain a member for the duration of the association's existence.

An insurer that ceases to be a member of the association remains

liable on insurance contracts entered into during the insurer's

membership in the association to the same extent and effect as if

the insurer's membership in the association had not been

terminated.

in writing insurance that requires the insurer to be a member of

the association shall become a member of the association on the

January 1 following the effective date of that authorization.

The determination of the insurer's participation in the

association is made as of the date of the insurer's membership in

the manner used to determine participation for all other members

of the association.

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

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

Sec. 2210.052. MEMBER PARTICIPATION IN ASSOCIATION. (a) Each

member of the association shall participate in insured losses and

operating expenses of the association, in excess of premium and

other revenue of the association, in the proportion that the net

direct premiums of that member during the preceding calendar year

bears to the aggregate net direct premiums by all members of the

association, as determined using the information provided under

Subsection (b).

(b) The department shall review annual statements, other

reports, and other statistics that the department considers

necessary to obtain the information required under Subsection (a)

and shall provide that information to the association. The

department is entitled to obtain the annual statements, other

reports, and other statistics from any member of the association.

determined annually in the manner provided by the plan of

operation. For purposes of determining participation in the

association, two or more members that are subject to common

ownership or that operate in this state under common management

or control shall be treated as a single member. The

determination shall also include the net direct premiums of an

affiliate that is under that common management or control,

including an affiliate that is not authorized to engage in the

business of property insurance in this state.

(d) Notwithstanding Subsection (a), a member, in accordance with

the plan of operation, is entitled to receive credit for similar

insurance voluntarily written in areas designated by the

commissioner. The member's participation in the insured losses

and operating expenses of the association in excess of premium

and other revenue of the association shall be reduced in

accordance with the plan of operation.

(e) Notwithstanding Subsections (a)-(d), an insurer that becomes

a member of the association and that has not previously been a

member of the association is not subject to participation in any

insured losses and operating expenses of the association in

excess of premium and other revenue of the association until the

second anniversary of the date on which the insurer first becomes

a member of the association.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 13, eff. June 19, 2009.

Sec. 2210.053. OPERATION OF ASSOCIATION. (a) In accordance

with this chapter and the plan of operation, and with respect to

insurance on insurable property, the association, on behalf of

the association's members, may:

(1) cause issuance of insurance policies to applicants for

insurance coverage;

(2) assume reinsurance from the members;

(3) cede reinsurance to the members; and

(4) purchase reinsurance on behalf of the members.

(b) The department may develop programs to improve the efficient

operation of the association, including a program designed to

create incentives for insurers to write windstorm and hail

insurance voluntarily to cover property located in a catastrophe

area, especially property located on the barrier islands of this

state.

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

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

Sec. 2210.054. ANNUAL STATEMENT. (a) The association shall

file annually with the department a statement covering periods

designated by the department that summarizes the transactions,

conditions, operations, and affairs of the association during the

preceding year.

(b) The statement must:

(1) be filed at times designated by the department;

(2) contain the information prescribed by the department; and

(3) be in the form prescribed by the department.

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

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

Sec. 2210.055. LEGAL COUNSEL. (a) The association shall

establish a plan in the plan of operation under which the

association's legal representation before the department and the

legislature is without conflict of interest or the appearance of

a conflict of interest as defined by the Texas Disciplinary Rules

of Professional Conduct.

(b) The association shall adopt separate and distinct procedures

for legal counsel in disputes involving policyholder claims

against the association.

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

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

Sec. 2210.056. USE OF ASSOCIATION ASSETS. (a) The

association's net earnings may not inure, in whole or in part, to

the benefit of a private shareholder or individual.

(b) The association's assets may not be used for or diverted to

any purpose other than to:

(1) satisfy, in whole or in part, the liability of the

association on claims made on policies written by the

association;

(2) make investments authorized under applicable law;

(3) pay reasonable and necessary administrative expenses

incurred in connection with the operation of the association and

the processing of claims against the association;

(4) satisfy, in whole or in part, the obligations of the

association incurred in connection with Subchapters B-1, J, and

M, including reinsurance, public securities, and financial

instruments; or

(5) make remittance under the laws of this state to be used by

this state to:

(A) pay claims made on policies written by the association;

(B) purchase reinsurance covering losses under those policies;

events.

association revert to this state.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 14, eff. June 19, 2009.

Sec. 2210.057. EXAMINATION OF ASSOCIATION. (a) The association

is subject to Sections 401.051, 401.052, 401.054-401.062,

401.151, 401.152, 401.155, and 401.156 and Subchapter A, Chapter

86.

(b) A final examination report of the association resulting from

an examination as provided by this section is a public record and

is available to the public at the offices of the department in

accordance with Chapter 552, Government Code.

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

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

Sec. 2210.060. INDEMNIFICATION BY ASSOCIATION. (a) Except as

provided by Subsection (b), the association shall indemnify each

director, officer, and employee of the association and each

member of the association against all costs and expenses actually

and necessarily incurred by the person or entity in connection

with the defense of an action or proceeding in which the person

or entity is made a party because of the person's status as a

director, officer, or employee of the association or the member's

status as a member of the association.

(b) Subsection (a) does not apply to a matter in which the

person or entity is determined in the action or proceeding to be

liable because of misconduct in the performance of duties as a

director, officer, or employee of the association or a member of

the association.

indemnify a member of the association for participating in the

assessments made by the association in the manner provided by

this chapter.

(d) Indemnification under this section is not exclusive of other

rights to which the member or officer may be entitled as a matter

of law.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 15, eff. June 19, 2009.

SUBCHAPTER B-1. PAYMENT OF LOSSES

Sec. 2210.071. PAYMENT OF EXCESS LOSSES; PAYMENT FROM RESERVES

AND TRUST FUND. (a) If 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.

(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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 16, eff. June 19, 2009.

Sec. 2210.072. PAYMENT FROM CLASS 1 PUBLIC SECURITIES; FINANCIAL

INSTRUMENTS. (a) Losses not paid under Section 2210.071 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 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 repaid within a period not to

exceed 10 years, and may be repaid sooner if the board of

directors elects to do so and the commissioner approves.

(b) Public securities described by Subsection (a) shall be

issued as necessary in a principal amount not to exceed $1

billion per year.

this section, the public securities shall be repaid in the manner

prescribed by Subchapter M from association premium revenue.

(d) The association may borrow from, or enter into other

financing arrangements with, any market source, under which the

market source makes interest-bearing loans or other financial

instruments to the association to enable the association to pay

losses under this section or to obtain public securities under

this section. For purposes of this subsection, financial

instruments includes commercial paper.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 16, eff. June 19, 2009.

Sec. 2210.073. PAYMENT FROM CLASS 2 PUBLIC SECURITIES. (a)

Losses not paid under Sections 2210.071 and 2210.072 shall be

paid as provided by this section from proceeds from Class 2

public securities authorized to be issued in accordance with

Subchapter M on or after the date of any occurrence that results

in insured losses under this subsection. Public securities

issued under this section must be repaid within a period not to

exceed 10 years, and may be repaid sooner if the board of

directors elects to do so and the commissioner approves.

(b) Public securities described by Subsection (a) may be issued

as necessary in a principal amount not to exceed $1 billion per

year. If the losses are paid with public securities described by

this section, the public securities shall be repaid in the manner

prescribed by Subchapter M.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 16, eff. June 19, 2009.

Sec. 2210.074. PAYMENT THROUGH CLASS 3 PUBLIC SECURITIES. (a)

Losses not paid under Sections 2210.071, 2210.072, and 2210.073

shall be paid as provided by this section from proceeds from

public securities authorized to be issued in accordance with

Subchapter M on or after the date of any occurrence that results

in insured losses under this subsection or through reinsurance as

described by Section 2210.075. Public securities issued under

this section must be repaid within a period not to exceed 10

years, and may be repaid sooner if the board of directors elects

to do so and the commissioner approves.

(b) Public securities described by Subsection (a) may be issued

as necessary in a principal amount not to exceed $500 million per

year. If the losses are paid with public securities described by

this section, the public securities shall be repaid in the manner

prescribed by Subchapter M 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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 16, eff. June 19, 2009.

Sec. 2210.075. REINSURANCE. (a) Before any occurrence or

series of occurrences, an insurer may elect to purchase

reinsurance to cover an assessment for which the insurer would

otherwise be liable under Section 2210.074(b).

(b) An insurer must notify the board of directors, in the manner

prescribed by the association whether the insurer will be

purchasing reinsurance. If the insurer does not elect to

purchase reinsurance under this section, the insurer remains

liable for any assessment imposed under Section 2210.074(b).

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 16, eff. June 19, 2009.

SUBCHAPTER C. ASSOCIATION BOARD OF DIRECTORS; GENERAL

POWERS AND DUTIES OF BOARD OF DIRECTORS

Sec. 2210.101. ACCOUNTABLE TO COMMISSIONER. The board of

directors is responsible and accountable to the commissioner.

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

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

Sec. 2210.102. COMPOSITION. (a) The board of directors is

composed of nine members appointed by the commissioner in

accordance with this section.

(b) Four members must be representatives of the insurance

industry.

reside in the first tier coastal counties. At least one of the

members appointed under this subsection 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.

(e) All members must have demonstrated experience in insurance,

general business, or actuarial principles 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 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

commissioner. The nominee slate submitted to the commissioner

under this subsection must include at least three more names than

the number of vacancies. The commissioner shall appoint

replacement insurance industry representatives from the nominee

slate.

(g) The commissioner shall appoint one person to serve as a

nonvoting 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. The

nonvoting member appointed under this section must:

(1) be an engineer licensed by, and in good standing with, the

Texas Board of Professional Engineers;

(2) reside in a first tier coastal county; and

(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 (c) must be from

different counties.

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

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

Amended by:

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

548, Sec. 2.14, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 18, eff. June 19, 2009.

Sec. 2210.103. TERMS. (a) Members of the board of directors

serve three-year staggered terms, with the terms of three members

expiring on the third Tuesday of March of each year.

(b) A person may serve on the board of directors for not more

than three consecutive full terms, not to exceed nine years.

commissioner with cause stated in writing and posted on the

association's website. The commissioner shall appoint a

replacement in the manner provided by Section 2210.102 for a

member who leaves or is removed from the board of directors.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 19, eff. June 19, 2009.

Sec. 2210.104. OFFICERS. The board of directors shall elect

from the board's membership an executive committee consisting of

a presiding officer, assistant presiding officer, and

secretary-treasurer.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 20, eff. June 19, 2009.

Sec. 2210.105. MEETINGS. (a) Except for an emergency meeting,

the association shall notify the department not later than the

11th day before the date of a meeting of the board of directors

or of the members of the association.

(b) Except for a closed meeting authorized by Subchapter D,

Chapter 551, Government Code, a meeting of the board of directors

or of the members of the association is open to:

(1) the commissioner or the commissioner's designated

representative; and

(2) the public.

association must be given as provided by Chapter 551, Government

Code.

(d) Except for an emergency meeting, a meeting of the board of

directors shall be held at a location as determined by the board

of directors.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 21, eff. June 19, 2009.

Sec. 2210.1051. MEETINGS OF BOARD OF DIRECTORS. (a)

Notwithstanding Chapter 551, Government Code, or any other law,

members of the board of directors may meet by telephone

conference call, videoconference, or other similar

telecommunication method. The board may use telephone conference

call, videoconference, or other similar telecommunication method

for purposes of establishing a quorum or voting or for any other

meeting purpose in accordance with this subsection and Subsection

(b). This subsection applies without regard to the subject

matter discussed or considered by the members of the board at the

meeting.

(b) A meeting held by telephone conference call,

videoconference, or other similar telecommunication method:

(1) is subject to the notice requirements applicable to other

meetings of the board of directors;

(2) may not be held unless notice of the meeting specifies the

location of the meeting and a recording of the meeting is posted

on the association's website;

(3) must be audible to the public at the location specified in

the notice under Subdivision (2); and

(4) must provide two-way audio communication between all members

of the board attending the meeting during the entire meeting, and

if the two-way audio communication link with members attending

the meeting is disrupted so that a quorum of the board is no

longer participating in the meeting, the meeting may not continue

until the two-way audio communication link is reestablished.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 22, eff. June 19, 2009.

Sec. 2210.106. IMMUNITY OF DIRECTOR OR OFFICER FROM LIABILITY.

(a) A director or officer of the association is not individually

liable for an act or failure to act in the performance of

official duties in connection with the association.

(b) Subsection (a) does not apply to:

(1) an act or failure to act of the association or an employee

of the association;

(2) an act or omission involving a motor vehicle; or

(3) an act or failure to act that constitutes bad faith,

intentional misconduct, or gross negligence.

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

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

Sec. 2210.107. PRIMARY BOARD OBJECTIVES. The primary objectives

of the board of directors are to ensure that the association:

(1) operates in accordance with this chapter and commissioner

rules;

(2) complies with sound insurance principles; and

(3) meets all standards imposed under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 23, eff. June 19, 2009.

SUBCHAPTER D. PLAN OF OPERATION

Sec. 2210.151. ADOPTION OF PLAN OF OPERATION. With the advice

of the board of directors, the commissioner by rule shall adopt

the plan of operation to provide Texas windstorm and hail

insurance in a catastrophe area.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 24, eff. June 19, 2009.

Sec. 2210.152. CONTENTS OF PLAN OF OPERATION. (a) The plan of

operation must:

(1) provide for the efficient, economical, fair, and

nondiscriminatory administration of the association; and

(2) include:

(A) a plan for the equitable assessment of the members of the

association to defray losses and expenses;

(B) underwriting standards;

(D) procedures for obtaining and repaying amounts under any

financial instruments authorized under this chapter;

(E) procedures for determining the amount of insurance to be

provided to specific risks;

(F) time limits and procedures for processing applications for

insurance; and

(G) other provisions as considered necessary by the department

to implement the purposes of this chapter.

(b) The plan of operation may provide for liability limits for

an insured structure and for the corporeal movable property

located in the structure.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 25, eff. June 19, 2009.

Sec. 2210.153. AMENDMENTS TO PLAN OF OPERATION. (a) The

association may present a recommendation for a change in the plan

of operation to the department at:

(1) periodic hearings conducted by the department for that

purpose; or

(2) hearings relating to property and casualty insurance rates.

(b) The association must present a proposed change to the

department in writing in the manner prescribed by the

commissioner. A proposed change does not take effect unless

adopted by the commissioner by rule.

Government Code, petition the commissioner to modify the plan of

operation.

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

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

SUBCHAPTER E. INSURANCE COVERAGE

Sec. 2210.201. DEFINITION OF INSURABLE INTEREST. In this

subchapter, "insurable interest" includes any lawful and

substantial economic interest in the safety or preservation of

property from loss, destruction, or pecuniary damage.

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

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

Sec. 2210.202. APPLICATION FOR COVERAGE. (a) A person who has

an insurable interest in insurable property may apply to the

association for insurance coverage provided under the plan of

operation and an inspection of the property, subject to any rules

established by the board of directors and approved by the

commissioner. The association shall make insurance available to

each applicant in the catastrophe area whose property is

insurable property but who, after diligent efforts, is unable to

obtain property insurance through the voluntary market, as

evidenced by one declination from an insurer authorized to engage

in the business of, and writing, property insurance providing

windstorm and hail coverage in the first tier coastal counties.

For purposes of this section, "declination" has the meaning

assigned by the plan of operation and shall include a refusal to

offer coverage for the perils of windstorm and hail and the

inability to obtain substantially equivalent insurance coverage

for the perils of windstorm and hail. Notwithstanding Section

2210.203(c), evidence of one declination is also required with an

application for renewal of an association policy.

(b) A property and casualty agent must submit an application for

the insurance coverage on behalf of the applicant on forms

prescribed by the association. The application must contain a

statement as to whether the applicant has submitted or will

submit the premium in full from personal funds or, if not, to

whom a balance is or will be due. Each application for initial

or renewal coverage must also contain a statement that the agent

possesses proof of the declination described by Subsection (a)

and proof of flood insurance coverage or unavailability of that

coverage as described by Section 2210.203(a-1).

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

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

Amended by:

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

548, Sec. 2.15, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 26, eff. June 19, 2009.

Sec. 2210.203. ISSUANCE OF COVERAGE; TERM; RENEWAL. (a) If the

association determines that the property for which an application

for insurance coverage is made is insurable property, the

association, on payment of the premium, shall direct the issuance

of an insurance policy as provided by the plan of operation.

(a-1) This subsection applies only to a structure constructed,

altered, remodeled, or enlarged on or after September 1, 2009,

and only for insurable property located in areas designated by

the commissioner. Notwithstanding Subsection (a), if all or any

part of the property to which this subsection applies is located

in Zone V or another similar zone with an additional hazard

associated with storm waves, as defined by the National Flood

Insurance Program, and if flood insurance under that federal

program is available, the association may not issue an insurance

policy for initial or renewal coverage unless evidence that the

property is covered by a flood insurance policy is submitted to

the association. An agent offering or selling a Texas windstorm

and hail insurance policy in any area designated by the

commissioner under this subsection shall offer flood insurance

coverage to the prospective insured, if that coverage is

available.

(b) A policy issued under this section is for a one-year term.

as long as the property continues to be insurable property.

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 27, eff. June 19, 2009.

Sec. 2210.204. CANCELLATION OF CERTAIN COVERAGE. (a)

Subsections (b) and (c) apply if:

(1) an agent or another person, firm, or corporation finances

the payment of all or a portion of the premium for insurance

coverage;

(2) there is an outstanding balance for the financing of the

premium; and

(3) that balance, or an installment of that balance, is not paid

before the expiration of the 10th day after the due date.

(b) The agent or other person, firm, or corporation to whom the

balance described by Subsection (a) is due may request

cancellation of the insurance coverage by:

(1) returning the policy, with proof that the insured was

notified of the return; or

(2) requesting the association to cancel the insurance coverage

by a notice mailed to the insured and to any others shown in the

policy as having an insurable interest in the property.

association shall refund the unearned premium, less any minimum

retained premium set forth in the plan of operation, to the

person, firm, or corporation to whom the unpaid balance is due.

(d) If an insured requests cancellation of the insurance

coverage, the association shall refund the unearned premium, less

any minimum retained premium set forth in the plan of operation,

payable to the insured and the holder of an unpaid balance. The

property and casualty agent who submitted the application shall

refund the agent's commission on any unearned premium in the same

manner.

(e) For cancellation of insurance coverage under this section,

the minimum retained premium in the plan of operation must be for

a period of not less than 180 days, except for events specified

in the plan of operation that reflect a significant change in the

exposure or the policyholder concerning the insured property,

including:

(1) the purchase of similar coverage in the voluntary market;

(2) sale of the property to an unrelated party;

(3) death of the policyholder; or

(4) total loss of the property.

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

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

Amended by:

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

548, Sec. 2.16, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 28, eff. June 19, 2009.

Sec. 2210.2041. NONREFUNDABLE SURCHARGE. A nonrefundable

surcharge established under this chapter is not refundable under

this code for any reason or purpose.

Added by Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 29, eff. June 19, 2009.

Sec. 2210.207. WINDSTORM AND HAIL INSURANCE: REPLACEMENT COST

COVERAGE. (a) In this section, "roof covering" means:

(1) the roofing material exposed to the weather;

(2) the underlayments applied for moisture protection; and

(3) all flashings required in the replacement of a roof

covering.

(b) Subject to any applicable deductibles and the limits for the

coverage purchased by the insured, a windstorm and hail insurance

policy issued by the association may include replacement cost

coverage for one- and two-family dwellings, including

outbuildings, as provided under the dwelling extension coverage

in the policy.

applicable to a dwelling is equal to 80 percent or more of the

full replacement cost of the dwelling or equal to the maximum

amount of insurance otherwise available through the association,

coverage applicable to the dwelling under the policy is extended

to include the full cost of repair or replacement, without a

deduction for depreciation.

(d) If, at the time of loss, the total amount of insurance

applicable to a dwelling is equal to less than 80 percent of the

full replacement cost of the dwelling and less than the maximum

amount of insurance available through the association, liability

for loss under the policy may not exceed the replacement cost of

the part of the dwelling that is damaged or destroyed, less

depreciation.

(e) Notwithstanding this chapter or any other law, the

commissioner, after notice and hearing, may adopt rules to:

(1) authorize the association to provide actual cash value

coverage instead of replacement cost coverage on the roof

covering of a building insured by the association; and

(2) establish:

(A) the conditions under which the association may provide that

actual cash value coverage;

(B) the appropriate premium reductions when coverage for the

roof covering is provided on an actual cash value basis; and

prominently displayed on the face of the windstorm and hail

insurance policy.

(f) Notwithstanding Chapter 40, a hearing under Subsection (e)

shall be held before the commissioner or the commissioner's

designee.

(g) The commissioner may adopt rules as necessary to implement

this section.

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

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

Sec. 2210.208. WINDSTORM AND HAIL INSURANCE: COVERAGE FOR

CERTAIN INDIRECT LOSSES. (a) Except as provided by Subsections

(e) and (f), a windstorm and hail insurance policy issued by the

association for a dwelling, as that term is defined by the

department or a successor to the department, must include

coverage for:

(1) wind-driven rain damage, regardless of whether an opening is

made by the wind;

(2) loss of use; and

(3) consequential losses.

(b) A windstorm and hail insurance policy issued by the

association for tenant contents of a dwelling or other

residential building must include coverage for loss of use and

consequential losses.

made:

(1) according to forms approved by the commissioner; and

(2) for a premium paid by the insured based on rates established

by commissioner rule.

(d) The association shall provide coverage under this section as

directed by commissioner rule.

(e) The association is not required to offer coverage for

indirect losses as provided by Subsection (a) or (b) unless that

coverage was excluded from a companion policy in the voluntary

market.

(f) The association is not required to provide coverage for:

(1) loss of use, if the loss is loss of rent or loss of rental

value; or

(2) additional living expenses, if the insured property is a

secondary or a nonprimary residence.

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

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

Sec. 2210.209. WINDSTORM AND HAIL INSURANCE: COVERAGE FOR

CERTAIN PROPERTY LOCATED OVER WATER. (a) A windstorm and hail

insurance policy issued by the association may include coverage

for:

(1) a building or other structure located in the seacoast

territory that is built wholly or partially over water; and

(2) the corporeal movable property contained in a building or

structure described by Subdivision (1).

(b) The association may impose appropriate limits of coverage

and deductibles for coverage described by Subsection (a).

proposed changes to the plan of operation necessary to implement

Subsections (a) and (b) to the commissioner in the manner

provided by Section 2210.153.

(d) The commissioner shall adopt rules as necessary to implement

this section, including any rules necessary to implement changes

in the plan of operation proposed under Subsection (c).

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

730, Sec. 3B.062(a), eff. September 1, 2007.

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

921, Sec. 9.062(a), eff. September 1, 2007.

SUBCHAPTER F. PROPERTY INSPECTIONS FOR WINDSTORM AND HAIL

INSURANCE

Sec. 2210.251. INSPECTION REQUIREMENTS. (a) Except as provided

by this section, to be considered insurable property eligible for

windstorm and hail insurance coverage from the association, a

structure that is constructed, altered, remodeled, enlarged, or

repaired or to which additions are made on or after January 1,

1988, must be inspected or approved by the department for

compliance with the plan of operation.

(b) After January 1, 2004, for geographic areas specified by the

commissioner, the commissioner by rule shall adopt the 2003

International Residential Code for one- and two-family dwellings

published by the International Code Council. For those

geographic areas, the commissioner by rule may adopt a subsequent

edition of that code and may adopt any supplements published by

the International Code Council and amendments to that code.

windstorm inspection to the unit responsible for certification of

windstorm inspections at the department before beginning to

construct, alter, remodel, enlarge, or repair a structure.

(d) A structure constructed, altered, remodeled, enlarged, or

repaired or to which additions were made before January 1, 1988,

that is located in an area that was governed at the time of the

construction, alteration, remodeling, enlargement, repair, or

addition by a building code recognized by the association is

insurable property eligible for windstorm and hail insurance

coverage from the association without compliance with the

inspection or approval requirements of this section or the plan

of operation.

(e) A structure constructed, altered, remodeled, enlarged, or

repaired or to which additions were made before January 1, 1988,

that is located in an area not governed by a building code

recognized by the association is insurable property eligible for

windstorm and hail insurance coverage from the association

without compliance with the inspection or approval requirements

of this section or the plan of operation if the structure was

previously insured by an insurer authorized to engage in the

business of insurance in this state and the structure is in

essentially the same condition as when previously insured, except

for normal wear and tear, and is without any structural change

other than a change made according to code. For purposes of this

subsection, evidence of previous insurance coverage must reflect

coverage for the perils of windstorm and hail for the property

within the 12-month period immediately preceding the date of the

application for coverage through the association and includes:

(1) a copy of a previous insurance policy;

(2) copies of canceled checks or agent's records that show

payments for previous policies; and

(3) a copy of the title to the structure or mortgage company

records that show previous policies.

(f) Notwithstanding any other provision of this section, a

residential structure insured by the association as of September

1, 2009, may continue coverage through the association subject to

the inspection requirements imposed under Section 2210.258.

(g) The department shall issue a certificate of compliance for

each structure that qualifies for coverage. The certificate is

evidence of insurability of the structure by the association.

(h) The department may enter into agreements and contracts as

necessary to implement this section.

(i) The department may charge a reasonable fee to cover the

cost of making building requirements and inspection standards

available to the public.

(j) The department shall charge a reasonable fee for each

inspection of each structure in an amount set by the

commissioner.

(k) Without limitation of the department's authority to

otherwise enforce this chapter, the department shall monitor the

association's compliance with this subchapter.

(l) Except as otherwise provided by this subchapter, the

department may not consider any request that a structure be

certified as insurable property if, within six months after the

final inspection of a structure, the department has not received:

(1) fully completed documentation verifying that the structure

has been constructed, altered, remodeled, enlarged, or repaired,

or any addition to the structure has been made, in compliance

with the plan of operation; and

(2) full payment of all inspection fees owed to the department,

including any fees related to prior department inspections.

(m) If a structure is rejected for coverage under Subsection

(l), a person may make a new request for certification and the

structure may be reinspected for compliance with the plan of

operation. A request for certification brought under this

subsection must meet the requirements of Subsection (l).

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1408, Sec. 30, eff. September 1, 2009.

Sec. 2210.252. INTERNATIONAL RESIDENTIAL CODE BUILDING

SPECIFICATIONS. (a) After January 1, 2004, for geographic areas

specified by the commissioner, the commissioner by rule may

supplement the plan of operation building specifications with the

structural provisions of the International Residential Code for

one- and two-family dwellings, as published by the International

Code Council or an analogous entity recognized by the department.

(b) For a geographic area specified under Subsection (a), the

commissioner by rule may adopt a subsequent edition of the

International Residential Code for one- and two-family dwellings

and may adopt a supplement published by the International Code

Council or an amendment to that code.

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

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

Sec. 2210.253. INSURER ASSESSMENT: FIRST TIER COASTAL COUNTY.

(a) In this section, "property insurance" means a commercial or

residential insurance policy prescribed or approved by the

department that provides coverage for windstorm and hail damage,

including a Texas windstorm and hail insurance policy.

(b) The department shall assess each insurer that provides

property insurance in a first tier coastal county in accordance

with this section.

year must be in the amount estimated by the department as

necessary to cover the administrative costs of the windstorm

inspection program under Section 2210.251 to be incurred in the

first tier coastal counties in that fiscal year.

(d) The assessment must be based on each insurer's proportionate

share of the total extended coverage and other allied lines

premium received by all insurers for property insurance in the

first tier coastal counties in the calendar year preceding the

year in which the assessment is made.

(e) The commissioner shall adopt rules to implement the

assessment of insurers under this section.

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

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

Sec. 2210.254. QUALIFIED INSPECTORS. (a) For purposes of this

chapter, a "qualified inspector" includes:

(1) a person determined by the department to be qualified

because of training or experience to perform building

inspections;

(2) a licensed professional engineer who meets the requirements

specified by commissioner rule for appointment to conduct

windstorm inspections; and

(3) an inspector who:

(A) is certified by the International Code Council, the Building

Officials and Code Administrators International, Inc., the

International Conference of Building Officials, or the Southern

Building Code Congress International, Inc.;

(B) has certifications as a buildings inspector and coastal

construction inspector; and

rule.

(b) A windstorm inspection may be performed only by a qualified

inspector.

inspector must be approved and appointed or employed by the

department.

(d) The department may charge a reasonable fee for the filing of

applications by and determining the qualifications of persons for

appointment as qualified inspectors.

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

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

Sec. 2210.255. APPOINTMENT OF LICENSED ENGINEER AS INSPECTOR.

(a) On request of an engineer licensed by the Texas Board of

Professional Engineers, the commissioner shall appoint the

engineer as an inspector under this subchapter not later than the

10th day after the date the engineer delivers to the commissioner

information demonstrating that the engineer is qualified to

perform windstorm inspections under this subchapter.

(b) The commissioner shall adopt rules establishing the

information to be considered in appointing engineers under this

section.

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

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

Sec. 2210.256. DISCIPLINARY PROCEEDINGS REGARDING APPOINTED

INSPECTORS. (a) After notice and hearing, the department may

revoke an appointment made under Section 2210.254 if the

appointee is found to be in violation of this subchapter or a

rule of the commissioner adopted under this subchapter.

(b) The commissioner, instead of revocation, may impose one or

more of the following sanctions if the commissioner determines

from the facts that the sanction would be fair, reasonable, or

equitable:

(1) suspension of the appointment for a specific period, not to

exceed one year;

(2) issuance of an order directing the appointee to cease and

desist from the specified activity or

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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