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 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 41, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 50, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 615 (S.B. 900), Sec. 26, eff. September 1, 2015.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle G - Pools, Groups, Plans, and Self-Insurance
Chapter 2210 - Texas Windstorm Insurance Association
Subchapter M. Public Securities Program
Section 2210.603. Applicability of Other Laws
Section 2210.604. Issuance of Public Securities Authorized
Section 2210.605. Terms of Issuance
Section 2210.606. Additional Covenants
Section 2210.607. Public Security Proceeds
Section 2210.608. Use of Public Security Proceeds
Section 2210.609. Repayment of Association's Public Security Obligations
Section 2210.610. Public Security Payments
Section 2210.611. Excess Revenue Collections and Investment Earnings
Section 2210.612. Payment of Class 1 Public Securities
Section 2210.613. Payment of Class 2 Public Securities
Section 2210.6131. Payment of Class 3 Public Securities
Section 2210.6132. Contingent Source of Payment for Class 2 and Class 3 Public Securities
Section 2210.614. Refinancing Public Securities
Section 2210.615. Source of Payment; State Debt Not Created
Section 2210.616. State Not to Impair Public Security Obligations
Section 2210.6165. Property Rights
Section 2210.617. Enforcement by Mandamus
Section 2210.618. Exemption From Taxation