The board must submit and carry out a revised wind-down plan for the guaranty fund and trust fund, and the commissioner must review and may order final distribution if obligations are met.
Sec. 407A.4561. REVISED PLAN OF OPERATION: WIND DOWN. (a) In this section, "qualified group" means a group that: (1) holds a current certificate of approval under this chapter; and (2) has not been determined by the commissioner to be insolvent under Section 407A.355. (b) The board shall submit to the commissioner for approval a revised plan of operation to wind down and dissolve the guaranty fund and trust fund. The plan must include: (1) steps for: (A) distributing any remaining money in the guaranty fund and trust fund to qualified groups; and (B) notifying interested parties; and (2) an estimated timeline for the wind down. (c) The commissioner shall approve the board's revised plan of operation if the commissioner determines that the plan sufficiently describes the actions the board will take to wind down and dissolve the guaranty fund and trust fund. (d) The board shall: (1) implement the revised plan of operation approved under Subsection (b); and (2) provide written notice to the commissioner of the completion of the wind down not later than the 30th day after the date of completion. (e) Not later than the 30th day after the date the commissioner receives the board's notice under Subsection (d), the commissioner shall determine whether the guaranty fund has met its obligations under the approved revised plan of operation. If the commissioner determines that the guaranty fund met the fund's obligations, the commissioner shall issue an order requiring the distribution of any remaining money in the guaranty fund and trust fund to qualified groups. (f) On the 30th day after the date the commissioner issues the order under Subsection (e): (1) the guaranty fund and the trust fund are dissolved; and (2) the board is abolished. Added by Acts 2025, 89th Leg., R.S., Ch. 766 (S.B. 264), Sec. 2, eff. September 1, 2025.