SECTION 5.4305. Electronic Information Repository

(a) The association must:

(1) create an electronic information repository containing the information listed in §5.4309 of this title; and

(2) update the electronic information repository with current policy data through the prior month-end not later than the 15th day of the current month.

(b) The association must prepare a written confidentiality agreement that governs obligations of insurers who access the electronic information repository. An insurer must enter into the written confidentiality agreement before the association may grant the insurer access to the electronic information repository. The written agreement and signatures indicating acceptance of the terms of the agreement may be in an electronic format.

(c) The association must not contract to provide or otherwise allow any agent, managing general agent, administrator, or person other than an insurer that has entered into the confidentiality agreement to access the electronic information repository.

(d) An insurer must not allow any agent, managing general agent, administrator, affiliate, other insurer, or any other person to access the electronic information repository.

(e) An insurer may access the electronic information repository only for the purpose of providing windstorm and hail insurance to association policyholders either through a voluntary market depopulation program approved under §5.4306 of this title or assumption reinsurance program under §5.4307 of this title.

Source Note: The provisions of this §5.4305 adopted to be effective December 22, 2015, 40 TexReg 9296