2005 Texas Insurance Code - Not Codified CHAPTER 25. JOB PROTECTION INSURANCE

INSURANCE CODE - NOT CODIFIED

CHAPTER 25. JOB PROTECTION INSURANCE


	Art. 25.01. DEFINITIONS.                                                       

Article repealed effective April 1, 2007
	In this chapter:                                                               
	(1)  "Job protection insurance" means the business of 
providing indemnity to conductors, engineers, motormen, brakemen, 
switchmen, firemen, dispatchers, clerks, operators, trackmen, 
signalmen, and maintenance of way personnel of steam and electric 
railways and to bus drivers and truck drivers employed by common 
carriers for loss of position arising from discharge or suspension, 
which indemnity is payable in installments that do not exceed the 
average monthly wage of the insured;  but shall not apply to job 
benefit funds administered by and through labor unions for their 
members only.
	(2)  "Board" means the State Board of Insurance.                               
	(3)  "Carrier" has the meaning provided by Article 1.14 of 
this code.        
	(4)  "Insured" means one whose indemnification against 
income loss is provided by virtue of his membership in a company or 
association that offers a job protection insurance plan.
	(5)  "Person" means an individual, corporation, association, 
or any other legal entity.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.


	Art. 25.02. AUTHORIZED COVERAGES;  LIMITATIONS.                                

Article repealed effective April 1, 2007
	(a) The kinds of insurance to by written by domestic and 
foreign insurance carriers operating under this chapter are as 
follows:
	(1)  to provide indemnity to conductors, engineers, 
motormen, brakemen, switchmen, firemen, dispatchers, clerks, 
operators, trackmen, signalmen, and maintenance of way personnel of 
steam and electric railways and to bus drivers and truck drivers 
employed by common carriers for loss of position arising from 
discharge or suspension, which indemnity is payable in installments 
that do not exceed the average monthly wage of the insured;  and
	(2)  to insure such persons against bodily injury or death by 
accident or against disability on account of sickness or accident, 
to grant specific hospital benefits and medical, surgical, and 
sick-care benefits to persons and their families, and to provide 
reimbursement of funeral expenses in an amount not to exceed $200 to 
any person in conjunction with this coverage.
	(b)  Any coverage that is not authorized by Subdivisions (1) 
and (2) of Section (a) of this article is specifically prohibited.
	(c)  On or after the effective date of this chapter, an 
insurance carrier may not write the coverages specified in 
Subdivisions (1) and (2) of Section (a) of this article except by 
complying with this chapter.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.


	Art. 25.03. CAPITAL AND SURPLUS.                                               

Article repealed effective April 1, 2007
	Domestic and foreign insurance carriers operating under this 
chapter shall maintain the minimum capital and surplus required by 
Article 2.02 of this code.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.


	Art. 25.04. CERTIFICATE OF AUTHORITY.                                          

Article repealed effective April 1, 2007
	(a) An insurance carrier may not be granted a certificate of 
authority to operate under this chapter unless:
	(1)  it or a predecessor carrier was writing the insurance 
coverages authorized by Subdivisions (1) and (2) of Section (a), 
Article 25.02, of this chapter on or before January 1, 1920, in at 
least one state;  and
	(2)  it has policyholders in this state on the effective date 
of this chapter and provides proof of that fact to the board.
	(b)  If a domestic or foreign carrier has complied with the 
requirements of this chapter and all other requirements imposed on 
the company by law;  has paid any deposit imposed by law;  and the 
operational history of the company when reviewed in conjunction 
with its loss experience, the kinds and nature of risks insured, the 
financial condition of the company and its ownership, its proposed 
method of operation, its affiliations, its investments, any 
contracts leading to contingent liability or agreements in respect 
to guaranty and surety, other than insurance, and the ratio of total 
annual premium and net investment income to commission expenses, 
general insurance expenses, policy benefits paid and required 
policy reserve increases, indicates a condition such that the 
expanded operation of the company in this state or its operations 
outside this state will not create a condition that might be 
hazardous to its policyholders, creditors, or the general public, 
the commissioner shall file in the office the documents delivered 
to him and shall issue to the company a certificate of authority to 
transact the kind or kinds of business in this state specified in 
the certificate.  The certificate shall continue in full force and 
effect on the condition that the company continue to comply with the 
laws of this state.
	(c)  Domestic and foreign insurance carriers not meeting the 
requirements of this article must comply with the requirements of 
Chapters 2 and 8 of this code in order for those carriers to be 
permitted to write the insurance coverages authorized by Article 
25.02 of this code.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.


	Art. 25.05. OTHER LAWS TO GOVERN.                                              

Article repealed effective April 1, 2007
	Chapter 2, including Article 2.20, Chapter 8, and Article 
4.10 of this code, and all other provisions of the Insurance Code, 
if not in conflict with this chapter, shall apply to and govern any 
insurance carrier operating under this chapter.  In addition, 
Article 21.49-8 of this code applies to each insurance carrier 
operating under this chapter.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.  Amended by Acts 1995, 74th Leg., ch. 614, Sec. 17, eff. 
Sept. 1, 1995.


	Art. 25.06. AGENTS' LICENSES.                                                  

Article repealed effective April 1, 2007
	Subchapter A, Chapter 21, of this code applies to the 
licensing and regulation of an agent authorized to solicit job 
protection insurance for an insurance carrier under this chapter.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.  Amended by Acts 2001, 77th Leg., ch. 703, Sec. 7.13, eff. 
Sept. 1, 2001.


	Art. 25.07. RETALIATORY PROVISIONS;  APPLICABILITY AND 
EXCEPTIONS.           

Article repealed effective April 1, 2007
	Article 21.46 of this code, with the exception of the minimum 
capital and surplus requirements specified in that article, applies 
to any carrier operating under this chapter.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.


	Art. 25.08. GUARANTY FUND;  EXCEPTION.                                         

Article repealed effective April 1, 2007
	Coverages provided under this chapter are not subject to the 
guaranty funds provided in this code unless specifically indicated 
in the laws governing those funds.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.


	Art. 25.09. PROHIBITED ACTS.                                                   

Article repealed effective April 1, 2007
	A person may not engage in any of the following acts:                          
	(1)  providing any of the coverages indicated in Article 
25.02 of this code without initially having obtained a certificate 
of authority to provide those coverages from the board;  or
	(2)  soliciting insurance for a carrier authorized to 
provide insurance coverage under this chapter without initially 
having obtained an insurance agent's license.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.


	Art. 25.10. PENALTIES.                                                         

Article repealed effective April 1, 2007
	(a) The board may refuse to issue or renew a certificate of 
authority or a license, or may suspend or revoke a certificate of 
authority or a license if, after notice and hearing, the board finds 
that the applicant or licensee has violated this chapter or any 
other provision of this code.
	(b)  A person commits an offense if the person knowingly or 
intentionally violates Article 25.09 of this chapter.
	(c)  An offense under Section (b) of this article is a Class B 
misdemeanor.  Venue for the offense is in Travis County.

Added by Acts 1983, 68th Leg., p. 3887, ch. 621, Sec. 1, eff. Aug. 
29, 1983.