Texas Catastrophe Prop. Ins. Ass'n v. Council of Co-Owners of Saida II Towers Condo. Ass'n, 706 S.W.2d 644 (Tex. 1986). · Go Syfert
Texas Catastrophe Prop. Ins. Ass'n v. Council of Co-Owners of Saida II Towers Condo. Ass'n, 706 S.W.2d 644 (Tex. 1986). Cases Citing This Book View Copy Cite
“he legislature ... prescribe rules and regulations to govern the administrative body and the method by which the rights determined by such body will be enforced.”
96 citation events (24 in the last 25 years) across 6 distinct courts.
Strongest positive: Brazos Electric Power Cooperative, Inc. v. Texas Commission on Environmental Quality and Richard A. Hyde, Executive Director of the Texas Commission on Environmental Quality (tex, 2019-05-03)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
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discussed Cited as authority (quoted) Brazos Electric Power Cooperative, Inc. v. Texas Commission on Environmental Quality and Richard A. Hyde, Executive Director of the Texas Commission on Environmental Quality
Tex. · 2019 · quote attribution · 1 verbatim quote · confidence low
he legislature ... prescribe rules and regulations to govern the administrative body and the method by which the rights determined by such body will be enforced.
discussed Cited as authority (rule) ASI Lloyds Insurance Company v. Texas Windstorm Insurance Association, and the Honorable Cassie Brown, in Her Official Capacity As, Commissioner, Texas Department of Insurance (2×)
Tex. App. · 2025 · confidence medium
Ass’n, 706 S.W2d 644, 645-66 (Tex. 1986) ………...……………………………………………………………….……...…35 Dubai Petroleum Co. v. Kazi, 12 S.W. 3d.71, 76-77 (Tex. 2000) ……35, 36 Mingus v. Wadley, 285 S.W. 1084 (Tex. 1926) ……………………………37 Mosely v. Texas Health and Human Services Commission, 593 S.W.3d 250 , 261 fn.3 (Tex. 2019) ……………………………………………………..37 Tex. Windstorm Ins.
cited Cited as authority (rule) Norhill Energy, LLC. v. City of McKinney, Texas
Tex. App. · 2024 · confidence medium
Ass’n v. Council of Co-owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 646 (Tex. 1986); Stanfield v. Texas Dep’t of Pub.
discussed Cited as authority (rule) Texas Windstorm Insurance Association v. Kevin Kelly and Tiffany Kelly
Tex. App. · 2023 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condo Ass’n, 706 S.W.2d 644, 645-46 (Tex. 1986), abrogated on other grounds by Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 76 (Tex. 2000); Housing & Cmty. Servs., Inc. v. Tex. Windstorm Ins.
cited Cited as authority (rule) Housing & Community Services, Inc. v. Texas Windstorm Insurance Ass'n
Tex. App. · 2017 · confidence medium
Ass’n, 706 S.W.2d 644, 645-46 (Tex. 1986), abrogated on other grounds by Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 76 (Tex. 2000).
cited Cited as authority (rule) Republic Petroleum LLC and Republic Petroleum Partners, LP v. Dynamic Offshore Resources NS LLC and W&T Offshore Inc.
Tex. App. · 2015 · confidence medium
Ins., 706 S.W.2d at 646 (when cause assignable to those not otherwise entitled to bring such of action derives from statute, statutory provisions must claims in their own right.
cited Cited as authority (rule) Stoker, Jamie v. TWC Commissioners
Tex. App. · 2013 · confidence medium
Ass’n, 706 S.W.2d 644, 646 (Tex.1986).
discussed Cited as authority (rule) Texas Windstorm Insurance Ass'n v. Poole
Tex. App. · 2008 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 645 (Tex.1986) (noting that the predecessor to the Association served the purpose of making windstorm insurance available in designated portions of Texas where the risk of hurricane was great).
discussed Cited as authority (rule) Texas Windstorm Insurance Association v. Renetta Poole and Walter Poole
Tex. App. · 2008 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 645 (Tex.1986) (noting that the predecessor to the Association served the purpose of making windstorm insurance available in designated portions of Texas where the risk of hurricane was great).
cited Cited as authority (rule) Caldera v. County of El Paso, Tex.
W.D. Tex. · 2007 · confidence medium
Ass’n, 706 S.W.2d 644, 646 (Tex.1986)).
discussed Cited as authority (rule) Nauslar v. Coors Brewing Co. (2×)
Tex. App. · 2005 · confidence medium
Ass’n, 706 S.W.2d 644, 646 (Tex.1986)).
discussed Cited as authority (rule) In Re Texas Windstorm Insurance Ass'n (2×)
Tex. App. · 2003 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 645 (Tex.1986).
cited Cited as authority (rule) in Re Texas Windstorm Insurance Association
Tex. App. · 2003 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 645 (Tex.1986).
discussed Cited as authority (rule) Noel L. Taylor v. State
Tex. App. · 2002 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n , 706 S.W.2d 644, 645 (Tex.1986) (noting that the predecessor to the Association served the purpose of making windstorm insurance available in designated portions of Texas where the risk of hurricane was great).
cited Cited as authority (rule) City of Pharr v. Boarder to Boarder Trucking, SVC., Inc.
Tex. App. · 2002 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condo., 706 S.W.2d 644, 646 (Tex.1986).
cited Cited as authority (rule) texapp 2000
Tex. App. · 2000 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Tower Condominium , 706 S.W.2d 644, 646 (Tex. 1986); Bullock v. Amoco Prod.
cited Cited as authority (rule) Rylander v. Bandag Licensing Corp.
Tex. App. · 2000 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium, 706 S.W.2d 644, 646 (Tex.1986); Bullock v. Amoco Prod.
discussed Cited as authority (rule) Houston Community College System v. Schneider
Tex. App. · 2000 · confidence medium
The attached appeals panel decision specifically states: “The only issue advanced for review is the IR [impairment rating].” HCCS, relying on Texas Catastrophe Property Insurance Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 645-46 (Tex.1986), first argues that the lack of specificity in Schneider’s petition is fatally defective because the specificity requirement in the Act is mandatory, and it must be fully complied with before a court is vested with jurisdiction over the dispute.
discussed Cited as authority (rule) Dubai Petroleum Co. v. Kazi
Tex. · 2000 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 646 (Tex.1986); Alpha Petroleum Co. v. Terrell, 122 Tex. 257 , 59 S.W.2d 364, 367-68 (1933); see also Cunningham v. Robison, 104 Tex. 227 , 136 SW. 441, 442 (1911).
cited Cited as authority (rule) Bouldin v. Bexar County Sheriff's Civil Service Commission
Tex. App. · 1999 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 646 (Tex.1986); Mingus v. Wadley, 115 Tex. 551, 558 , 285 S.W. 1084, 1087 (1926)).
discussed Cited as authority (rule) texapp 1999
Tex. App. · 1999 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n , 706 S.W.2d 644, 646 (Tex. 1986); see also Employees Retirement Sys. v. Blount , 709 S.W.2d 646, 647 (holding where a cause of action is derived from statute, not common law, statutory provisions are mandatory, exclusive and must be complied with in all respects).
discussed Cited as authority (rule) Butler Weldments Corp. v. Liberty Mutual Insurance Co.
Tex. App. · 1999 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium, Ass’n, 706 S.W.2d 644, 646 (Tex.1986); see also Employees Retirement Sys. v. Blount, 709 S.W.2d 646, 647 (Tex.1986) (holding where a cause of action is derived from statute, not common law, statutory provisions are mandatory, exclusive and must be complied with in all respects).
discussed Cited as authority (rule) Butler Weldments v. Liberty Mut. Ins.
Tex. App. · 1999 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 646 (Tex.1986); see also Employees Retirement Sys. v. Blount, 709 S.W.2d 646, 647 (Tex.1986) (holding where a cause of action is derived from statute, not common law, statutory provisions are mandatory, exclusive and must be complied with in all respects).
cited Cited as authority (rule) Harris County Appraisal District v. Coastal Liquids Transportation, L.P.
Tex. App. · 1999 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium, 706 S.W.2d 644, 646 (Tex.1986)).
cited Cited as authority (rule) Kathryn Suchy and Jancy Jester v. Texas Natural Resource Conservation Commission
Tex. App. · 1998 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Condominium Ass'n , 706 S.W.2d 644, 646 (Tex. 1986); Mingus v. Wadley , 285 S.W. 1084, 1087 (Tex. 1926).
cited Cited as authority (rule) Nuchia v. Woodruff
Tex. App. · 1997 · confidence medium
Assoc. v. Council of Co-Owners of Saida II Towers Condominium Assoc., 706 S.W.2d 644, 646 (Tex.1986)).
cited Cited as authority (rule) Employees' Retirement System of Texas v. Phyllis Jean Konkle McKillip
Tex. App. · 1997 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 646 (Tex. 1986); City of Lubbock v. Bownds, 623 S.W.2d 752, 755 (Tex. App.--Amarillo 1981, no writ).
cited Cited as authority (rule) Employees' Retirement System v. McKillip
Tex. App. · 1997 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 646 (Tex.1986); City of Lubbock v. Bownds, 623 S.W.2d 752, 755 (Tex.App.—Amarillo 1981, no writ).
discussed Cited as authority (rule) State v. Montgomery
Tex. App. · 1997 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 645 (Tex.1986) (noting when the Legislature creates an administrative agency, it may also prescribe rules and regulations governing the administrative body and the method by which the rights determined by such body will be enforced, including the procedures for obtaining judicial review of final agency decisions); State v. Jackson, 376 S.W.2d 341, 344 (Tex.1964) (stating the Legislature may withdraw by preemption or by express declaration any or all of the powers delegated to an administrative agency that it …
cited Cited as authority (rule) Montgomery v. Blue Cross & Blue Shield of Texas, Inc.
Tex. App. · 1996 · confidence medium
Ass’n, 706 S.W.2d 644, 646-46 (Tex.1986)).
cited Cited as authority (rule) Richard Montgomery, Shirley Montgomery and Stacy Montgomery v. Blue Cross and Blue Shield of Texas, Inc.
Tex. App. · 1996 · confidence medium
Ass'n , 706 S.W.2d 644, 645-46 (Tex. 1986)).
discussed Cited as authority (rule) Northwinds Abatement, Inc. v. Employers Insurance of Wausau
5th Cir. · 1996 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 645-46 (Tex.1986); Testoni v. Blue Cross & Blue Shield of Texas, Inc., 861 S.W.2d 387, 390 (Tex.App.—Austin 1992, no writ); Stephanou v. Texas Medical Liab.
discussed Cited as authority (rule) Northwinds Abatement v. Employers Ins Wausau
5th Cir. · 1995 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 645-46 (Tex.1986); Testoni v. Blue Cross & Blue Shield of Texas, Inc., 861 S.W.2d 387, 390 (Tex.App.—Austin 1992, no writ); Stephanou v. Texas Medical Liab.
discussed Cited as authority (rule) United Independent School District v. Gonzalez (2×)
Tex. App. · 1995 · confidence medium
Ass’n. v. Council of Co-Owners of Saida II Condominium Ass’n., 706 S.W.2d 644, 646 (Tex.1986); Mingus v. Wadley, 115 Tex. 551, 558 , 285 S.W. 1084, 1087 (1926).
discussed Cited as authority (rule) Albert F. Peralta v. Texas Employment Commission
Tex. App. · 1995 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n , 706 S.W.2d 644, 647-48 (Tex. 1986) (citing Lambeth for proposition that party pursing administrative appeal must name "defendant mandated by statute as a party within the time limit set forth in order to invoke the trial court's jurisdiction."). (3) Concluding that the failure to join the employers by the fourteen day deadline is jurisdictional seems harsh because one could read the language of article 5221b-4(i) or section 212.201 as providing that one can appeal a TEC decision by suing the TEC within fourteen days and joini…
cited Cited as authority (rule) Gregg County Appraisal District v. Laidlaw Waste Systems, Inc.
Tex. App. · 1995 · confidence medium
Ass’n. v. Council of Co-Owners of Saida II Towers Condominium, 706 S.W.2d 644, 646 (Tex.1986).
discussed Cited as authority (rule) Southwest Airlines Co. v. Texas High-Speed Rail Authority
Tex. App. · 1994 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 646 (Tex.1986) (APTRA procedure for institution of administrative appeal controls unless statute provides otherwise); Bullock v. Adickes, 593 S.W.2d 805, 808 (Tex.Civ.App.—Austin 1980, writ refd n.r.e.) (APTRA provides procedural basis for review of agency action).
discussed Cited as authority (rule) Southwest Airlines Co. v. Texas High-Speed Rail Authority and Texas TGV Consortium
Tex. App. · 1993 · confidence medium
Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n , 706 S.W.2d 644, 646 (Tex. 1986) (APTRA procedure for institution of administrative appeal controls unless statute provides otherwise); Bullock v. Adickes , 593 S.W.2d 805, 808 (Tex. Civ.
cited Cited as authority (rule) Everett v. Texas Education Agency
Tex. App. · 1993 · confidence medium
Ass’n, 706 S.W.2d 644, 646 (Tex.1986).
discussed Cited as authority (rule) Commerce Independent School District v. Texas Education Agency (2×)
Tex. App. · 1993 · confidence medium
Texas C.P.I.A. v. Council, Saida II, 706 S.W.2d 644, 646 (Tex.1986) (joinder of agency as defendant within time specified by statute); Alpha Petroleum Co. v. Terrell, 122 Tex. 257 , 59 S.W.2d 364 (Tex.1933) (mandatory venue prescribed by statute); Mingus v. Wadley, 115 Tex. 551 , 285 S.W. 1084 (Tex.1926) (mandatory venue prescribed by statute); see generally Jago v. Indemnity Ins.
cited Cited as authority (rule) Testoni v. Blue Cross & Blue Shield of Texas, Inc.
unknown court · 1993 · confidence medium
Ass’n, 706 S.W.2d 644, 645-46 (Tex.1986).
cited Cited as authority (rule) Texas Commissioner of Insurance v. Aetna Casualty & Surety Co.
Tex. App. · 1993 · confidence medium
Ass’n v. Council of CoOwners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 646 (Tex.1986) (Saida); Mingus v. Wadley, 285 S.W. 1084, 1087 (Tex.1926).
cited Cited as authority (rule) James Marshall Everett v. Texas Education Agency, a Division of Teacher Records
Tex. App. · 1993 · confidence medium
Ass'n , 706 S.W.2d 644, 646 (Tex. 1986).
cited Cited as authority (rule) texapp 1993
Tex. App. · 1993 · confidence medium
Ass'n v. Council of CoOwners of Saida II Towers Condominium Ass'n, 706 S.W.2d 644, 646 (Tex. 1986) (Saida); Mingus v. Wadley, 285 S.W. 1084, 1087 (Tex. 1926).
discussed Cited as authority (rule) Texas Catastrophe Property Insurance Association v. Dan Morales, Individually and in His Official Capacity as Attorney General of the State of Texas (2×)
5th Cir. · 1992 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, et al., 706 S.W.2d 644, 645-646 (Tex.1986).
cited Cited as authority (rule) Ernest Testoni v. Blue Cross and Blue Shield of Texas, Inc.
Tex. App. · 1992 · confidence medium
Ass'n , 706 S.W.2d 644, 645-46 (Tex. 1986).
cited Cited as authority (rule) Linick v. Employers Mutual Casualty Co.
Tex. App. · 1991 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 645-46 (Tex.1986) (interpreting TEX.INS.CODE ANN. art. 21.49 § 9).
cited Cited as authority (rule) Brown v. Texas Employment Commission
Tex. App. · 1990 · confidence medium
Ass’n v. Council of Co-Owners, 706 S.W.2d 644, 646 (Tex.1986).
cited Cited as authority (rule) Stephanou v. Texas Medical Liability Insurance Underwriting Ass'n
Tex. App. · 1990 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 647 (Tex.1986).
cited Cited as authority (rule) Protestants v. American Pubs, Inc.
Tex. App. · 1990 · confidence medium
Ass’n v. Council of Co-Owners of Saida II Towers Condominium Ass’n, 706 S.W.2d 644, 645 (Tex.1986).
TEXAS CATASTROPHE PROPERTY INSURANCE ASSOCIATION Et Al., Petitioners,
v.
COUNCIL OF CO-OWNERS OF SAIDA II TOWERS CONDOMINIUM ASSOCIATION Et Al., Respondents
C-4576.
Texas Supreme Court.
Mar 5, 1986.
706 S.W.2d 644
Jim Mattox, Atty. Gen., Aliene D. Evans, Office of the Atty. Gen., David C. Duggins, Clark, Thomas, Winters & Newton, Austin, for petitioners., Stephen Curtis Bonner, Jr., Harlingen, Guy Cade Fisher, Fisher & Cook, Austin, for respondents.
Hill, Gonzalez.
Cited by 76 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 89%
Citer courts: Texas Supreme Court (1)

Lead Opinion

OPINION

HILL, Chief Justice.

Various property owners insured by the Texas Catastrophe Property Insurance Association seek review of an order of the State Board of Insurance denying them recovery for damage done to their property by Hurricane Allen. Each claimant filed a petition in a Travis County District Court seeking “trial de novo” review of the State Board of Insurance’s decision. The trial court dismissed each case for want of jurisdiction because the property owners had failed to join the State Board of Insurance as a party-defendant within the time required by the Administrative Procedure and Texas Register Act, Tex.Rev.Civ.Stat. Ann. art. 6252-13a, § 19(b) (Vernon Supp. 1986). The court of appeals reversed and remanded, holding that the State Board of Insurance had no authority to hear the[*645] property owners’ claims and that the trial court had jurisdiction of the “common law” claims asserted by the property owners. 696 S.W.2d 60. We reverse the judgment of the court of appeals and affirm the trial court’s judgment.

The TCPIA was created by the Texas Legislature in 1971, pursuant to the Texas Catastrophe Property Insurance Pool Act, to provide, among other things, insurance for property owners in designated areas of the State of Texas where risk of hurricane is great. See Beacon National Insurance Co. v. Texas State Board of Insurance, 582 S.W.2d 616, 617 (Tex.Civ.App.—Austin 1979, writ ref’d n.r.e.), cert. denied, 449 U.S. 829, 101 S.Ct. 96, 66 L.Ed.2d 33 (1980). See also Tex.Ins. Code Ann. art. 21.49, § 1 (Vernon 1981). Pursuant to the Texas Catastrophe Property Insurance Pool Act, the State Board of Insurance has designated fourteen Texas counties along or near the Gulf Coast as the catastrophe area. TCPIA membership is required of all insurance companies authorized to write property insurance in Texas, with certain limited exceptions. Id. § 4.

A complex formula for the allocation of risk of loss among TCPIA members is outlined in the Texas Catastrophe Property Insurance Pool Act. Id. § 5(c) (Vernon Supp.1986). A particular member’s allocation increases in proportion to the amount of certain types of insurance written outside the catastrophe area by the member, and decreases in proportion to that member’s voluntary writing of windstorm policies within the catastrophe area.

The Texas Catastrophe Property Insurance Pool Act requires the State Board of Insurance to supervise all of TCPIA’s operations and gives it the general authority to “issue any orders which it considers necessary to carry out the purposes of this Act.” Id. § 5A(a) (Vernon 1981). Additionally, the State Board of Insurance is given the authority to hear appeals by “[a]ny person insured pursuant to this Act ... who may be aggrieved by an act, ruling or decision of the [TCPIA]....” Id. § 9.

Each of the claimants herein, insured by the TCPIA, timely filed appeals to the State Board of Insurance after the TCPIA refused to compensate them for damage to their properties caused by Hurricane Allen. The State Board of Insurance subsequently issued final orders holding that one claimant was entitled to recover $12,371.75 and that the others were not entitled to recover on their policy claims. Within thirty days after their motions for rehearing had been overruled by the State Board of Insurance, each claimant filed a petition in Travis County District Court seeking de novo review of the State Board of Insurance’s decision. The TCPIA was the sole defendant named in each petition. The TCPIA filed a general denial and a plea to the jurisdiction in each case on the grounds that each claimant’s petition failed to name the State Board of Insurance as defendant, as required by Tex.Ins.Code Ann. art. 1.04(f) (Vernon 1981). Each claimant then filed an amended petition naming the State Board of Insurance as a defendant. The State Board of Insurance answered with a plea to the jurisdiction, contending that claimants failed to name it as a party-defendant within the time required by the APTRA. Tex.Rev.Civ.Stat.Ann. art. 6252-13a, § 19(b) (Vernon Supp.1986). The trial court sustained the TCPIA’s and the State Board of Insurance’s pleas and dismissed each case for want of jurisdiction. The cases were subsequently consolidated on appeal.

When the Legislature creates an administrative agency, it may also prescribe rules and regulations governing the administrative body and the method by which the rights determined by such body will be enforced, including the procedures for obtaining judicial review of final agency decisions. See City of Amarillo v. Hancock, 150 Tex. 231, 234, 239 S.W.2d 788, 790 (1951); Rowden v. Texas Catastrophe Property Insurance Association, 677 S.W.2d 83, 87 (Tex.App.—Corpus Christi 1984, writ ref’d n.r.e.).

The Legislature has done precisely this with regard to the State Board of[*646] Insurance’s supervision of the TCPIA, by (1) creating the TCPIA, (2) creating the claimant’s right to participate in the windstorm plan, (3) authorizing the State Board of Insurance to administer the windstorm plan, and (4) creating the right and procedure to contest claims decisions made under the statutory plan. Tex.Ins. Code Ann. art. 21.49, §§ 1, 4(a), 5A(a), 6, and 9 (Vernon 1981). We have long recognized that if a cause of action and remedy for its enforcement are derived not from the common law but from a statute, the statutory provisions are mandatory and exclusive, and must be complied with in all respects or the action is not maintainable. Mingus v. Wadley, 115 Tex. 551, 558, 285 S.W. 1084, 1087 (1926); Alpha Petroleum Co. v. Terrell, 122 Tex. 257, 265-66, 59 S.W.2d 364, 367-68 (1933). Accord Merida v. Texas Municipal Retirement System, 597 S.W.2d 55, 57 (Tex.Civ.App.—Austin 1980, no writ). The right of a property owner in the catastrophe area to participate in the windstorm insurance plan and to obtain any benefit from the plan does not derive from the common law, but rather solely from the provisions of the Texas Catastrophe Property Insurance Pool Act. We therefore hold that, in seeking to enforce rights to such statutory insurance benefits, the insured must comply with the Insurance Code and the APTRA. See Mingus v. Wadley, 115 Tex. at 557-58, 285 S.W. at 1087.

The APTRA sets forth the procedure for the institution of an administrative appeal, which controls unless otherwise provided by statute. Tex.Rev.Civ.Stat.Ann. art. 6252-13a, § 19 (Vernon Supp.1986). Section 19(b) provides that “[proceedings for review are initiated by a petition [filed in a District Court of Travis County, Texas] within thirty days after the decision complained of is final and appealable.” Id. § 19(b). The Insurance Code mandates additional procedures applicable to appeals from final decisions of the State Board of Insurance. Article 1.04(f) of the Insurance Code reads:

If any ... party at interest be dissatisfied with any decision, regulation, order, rate, rule, act or administrative ruling adopted by the State Board of Insurance, such dissatisfied ... party at interest after failing to get relief from the State Board of Insurance, may file a petition setting forth the objection to such decision, regulation, order, rate, rule, act or administrative ruling ... in the District Court of Travis County, Texas, and not elsewhere, against the State Board of Insurance as defendant.

Tex.Ins.Code Ann. art. 1.04(f) (Vernon 1981) (emphasis added). The Texas Catastrophe Property Insurance Pool Act, which created the TCPIA, authorizes “the person aggrieved by any order or decision of the [State Board of Insurance to] appeal to the District Court of Travis County, Texas, and not elsewhere, in accordance with Article 1.04(f) of the Insurance Code of Texas.” Id. art. 21.49, § 9. Because the Legislature has prescribed the method for review of administrative action, that method must be followed to invoke the trial court’s jurisdiction. See Lambeth v. Texas Unemployment Compensation Commission, 362 S.W.2d 205, 206-07 (Tex.Civ.App.—Waco 1962, writ ref’d).

In the present case, the claimants did not follow the statutory procedure for review set forth above. Their original petitions, although filed within thirty days of the State Board of Insurance’s final decision, failed to name that agency as a party-defendant. The transcript reflects that the claimants, in their first amended original petitions, eventually did join the State Board of Insurance as a defendant, but this pleading was filed after the thirty-day limitation period set forth in APTRA § 19(b) had expired.

It is well established that a party pursuing an administrative appeal from an agency’s decision must name the defendant mandated by statute as a party within the time limit set forth in order to invoke the trial court’s jurisdiction. See, e.g., Lambeth, 362 S.W.2d at 205, 206-07. In Lambeth, an employee commenced an action against the Unemployment Compensation Commission within the ten-day statutory[*647] period, but first joined his employer, a party to the Unemployment Compensation Commission’s proceedings, as a party by amended pleading after that period had expired. The statute in question required that “any other party to the proceeding before the Commission shall be made a defendant.” Id. at 206. The Lambeth court upheld the trial court’s dismissal of the employee’s appeal because the employee failed to join his employer as a defendant within the ten-day period. Id. at 206-07. Accord Charter Oaks Fire Insurance Company v. Gorman, 693 S.W.2d 686, 687-88 (Tex.App.—Houston [14th Dist.] 1985, writ ref’d n.r.e.). It is equally clear that the petition may not be amended thereafter to cure the jurisdictional defect. Lambeth, 362 S.W.2d at 206-07; Gorman, 693 S.W.2d at 687-88.

The claimants contend, however, that the TCPIA is an arm of the State Board of Insurance and that suit against the TCPIA is tantamount to a suit against the State Board of Insurance; therefore, they have complied with the APTRA’s and the Insurance Code’s requirements. They cite Castro v. Harris County, 663 S.W.2d 502 (Tex.App.—Houston [1st Dist.] 1983, writ dism’d) in support of this proposition. We find Castro inapposite for the reason that Castro did not involve an appeal of an administrative decision. Thus, the statute of limitation issue present in Castro is simply not analogous to the question of administrative procedure involved in the present case.

We hold that the Texas Castrophe Property Insurance Pool Act authorizes the State Board of Insurance to resolve disputes arising from the denial by the TCPIA of claims by its policyholders. The appellate procedures available to a party aggrieved by a TCPIA decision, as provided for by the Texas Catastrophe Property Insurance Pool Act and the APTRA, are mandatory and exclusive and must be complied with in order to enforce the rights to statutory insurance benefits held by TCPIA policyholders.

Because the claimants in the present consolidated appeals failed to name the State Board of Insurance as a defendant within thirty days of its final decision, as required by the APTRA and Article 1.04(f) of the Insurance Code, we hold that the trial court properly dismissed their causes for want of jurisdiction.

We reverse the judgment of the court of appeals and affirm the trial court’s judgment.

GONZALEZ, J., dissents.

Dissent

GONZALEZ, Justice,

dissenting.

I concur with the court’s holding that the property owner’s claim to insurance benefits derive from statute and not common law. However, I would apply prospectively the holding that Tex.Ins.Code Ann. arts. 1.04(f) and 21.49, § 9, along with Tex.Rev. Civ.Stat.Ann. art. 6252-13a, § 19(b) be read together to determine jurisdictional prerequisites for appeal.

Neither art. 1.04(f) nor art. 21.49, § 9 provides claimants with notice of any filing time limits. There are no cross references in either article to the APTRA, § 19(b). Further, until now, no case has applied § 19(b)’s thirty-day time limit to this area of the law. Under these circumstances, I would not deny respondents their day in court.

As § 19(b) is now considered as an additional procedural prerequisite for jurisdiction, aggrieved parties must be meticulous in their preparation for an agency appeal. Reference must be made to the APTRA for concurrent or cumulative procedural prerequisites for statutory schemes, unless contrary intent appears in the enabling statute. See art. 6252-13a, § 1.