(a) In this chapter:
(1) “Affiliated company” or “affiliate” has the meaning assigned by Section 823.003 and includes a parent entity that controls a captive insurance company.
(1-a) “Attorney in fact” means a firm or corporation that, under a power of attorney or other appropriate authorization of the attorney in fact, acts for subscribers of a captive exchange by issuing reciprocal or interinsurance contracts.
(1-b) “Captive exchange” means a reciprocal or interinsurance exchange formed under this chapter. The term includes the attorney in fact through which a reciprocal or interinsurance contract, as defined by Section 942.001, is exchanged.
(2) “Captive insurance company” means a company that holds a certificate of authority under this chapter to insure the operational risks of the company’s affiliates or risks of a controlled unaffiliated business. The term includes a captive exchange.
(3) “Captive management company” means an entity providing administrative services to a captive insurance company.
(4) “Control” means the power to direct, or cause the direction of, the management and policies of an entity, other than the power that results from an official position with or corporate office held in the entity. The power may be possessed directly or indirectly by any means, including through the ownership of voting securities or by contract, other than a commercial contract for goods or nonmanagement services.
(5) “Controlled unaffiliated business” means a person:
(A) that is not an affiliate;
(B) that has an existing contractual relationship with an affiliate under which the affiliate bears a potential financial loss; and
(C) the risks of which are managed by a captive insurance company under Section 964.066.
(6) “Operational risk” means any potential financial loss of an affiliate, except for a loss arising from an insurance policy issued by a captive or insurance affiliate.
(7) “Redomestication” means the transfer to or from this state of the insurance domicile of an authorized captive insurer.
(8) “Subscriber” means an affiliated company or controlled unaffiliated business that enters into a reciprocal contract of insurance with an attorney in fact as a subscriber of a captive exchange.
(b) Notwithstanding Section 30.003, in this chapter, “person” has the meaning assigned by Section 311.005, Government Code.

Ask an insurance law question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Texas Insurance Code 964.001

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC