AI-assisted research summary: The authority may decide whether insurer payments are sufficient and can process refunds, but refund requests must be filed within four years.
Sec. 1006.152. REFUNDS. (a) The authority may make determinations regarding the sufficiency of payments made by an insurer of fees collected under Section 1006.153. (b) Pursuant to a determination made under Subsection (a), the authority may: (1) notify the comptroller that payments made by an insurer are sufficient; and (2) request the comptroller to draw warrants on the funds available to the authority for the purpose of refunding money to an insurer. (c) The authority shall make the determination under this section as follows: (1) the two members of the authority who are representatives of insurance companies writing motor vehicle insurance in this state shall recuse themselves; and (2) the remaining five members of the authority shall make the determination by a simple majority vote. (d) Determinations made under this section shall be performed in accordance with procedures set forth in rules adopted by the authority. The question of eligibility for a refund is not a contested case under Chapter 2001, Government Code. (e) A request for a refund made under this section must be made not later than four years after the date the payment was made to the authority under Section 1006.153. (f) The authority may recover from an insurer requesting a refund under this section any costs associated with a denied or improperly requested refund. Transferred, redesignated and amended from Vernon's Civil Statutes, Section 6A, Art/Sec 4413(37) by Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 5.22, eff. September 1, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 276 (H.B. 3514), Sec. 13, eff. September 1, 2021.