Texas Insurance Code 2602.102 – Plan of Operation
(a) The association shall perform its functions under a plan of operation. The plan of operation must contain provisions necessary or proper for the execution of the association’s powers and duties. The plan of operation must, in addition to the other requirements of this chapter:
(1) establish:
(A) procedures for handling the assets of the association;
(B) the amount and method of reimbursing board members;
(C) regular places and times for board meetings;
(D) procedures for maintaining records of all financial transactions of the association, its agents, and the board; and
(E) procedures for determining the amount of guaranty fees, for collecting those fees, and for assessments;
(2) provide for the establishment of a claims filing procedure that includes:
(A) notice by the association to claimants;
(B) procedures for filing claims seeking recovery from the association; and
(C) a procedure for appealing the denial of claims by the association; and
(3) contain additional provisions necessary or proper for the execution of the association’s powers and duties.
(b) The association shall submit to the commissioner any amendment to the plan of operation necessary or suitable to ensure the fair, reasonable, and equitable administration of the association. The amendment takes effect on the commissioner’s written approval or the 90th day after the date the amendment is submitted unless disapproved by the commissioner.
Terms Used In Texas Insurance Code 2602.102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the association does not submit a suitable amendment to the plan of operation, the commissioner after notice and hearing may adopt reasonable rules as necessary or advisable to implement this chapter. A rule continues in effect until modified by the commissioner or superseded by an amendment submitted by the association and approved by the commissioner.
(d) Each title insurance company shall comply with the plan of operation.