Sec. 462.109. DELEGATION OF POWERS AND DUTIES. (a) Except as provided by Subsection (b), the plan of operation may provide that, on approval of the board and the commissioner, the association may delegate by contract any or all powers or duties of the association to a corporation or other organization that:
(1) performs or will perform in two or more states functions similar to those of the association or the association's equivalent; and
(2) provides protection not substantially less favorable and effective than that provided by this chapter.
(b) The association may not delegate a power or duty under Section 462.101(a)(2), 462.151, 462.154, 462.155, or 462.302(d) under this section.
(c) The association shall:
(1) reimburse the corporation or other organization as a servicing facility would be reimbursed; and
(2) pay the corporation or other organization for the performance of any other functions of the association.
(d) A contract entered into under this section is subject to the performance standards imposed under Section 442.112.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Structure Texas Statutes
Title 4 - Regulation of Solvency
Subtitle D - Guaranty Associations
Chapter 462 - Texas Property and Casualty Insurance Guaranty Association
Subchapter C. General Powers and Duties of Association
Section 462.101. General Powers and Duties
Section 462.102. Association Not in Place of Impaired Insurer
Section 462.103. Plan of Operation
Section 462.104. Notice to Insureds
Section 462.106. Administrative Expenses
Section 462.107. Examination of Association
Section 462.108. Deposit of Money
Section 462.109. Delegation of Powers and Duties
Section 462.110. Exemption From Certain Fees and Taxes
Section 462.112. Board Access to Records of Impaired Insurer
Section 462.1121. Action to Obtain Information Concerning Insurer in Receivership Authorized