In Re Texas Windstorm Insurance Ass'n

I respectfully dissent. The majority holds Article 21.49, section 9A(b) is a mandatory venue statute. Tex. Ins.Code Ann. art. 21.49, § 9A(b) (Vernon Supp.2003). I disagree. In 1991, the Legislature amend*826ed the Catastrophe Property Insurance Pool Act (Act) by amending Section 9 and adding Section 9A (the new section includes the provision at issue in this case). Act of June 6, 1991, 72nd Leg., R.S., ch. 242, § 11.37, 1991 Tex. Gen. Laws 939, 1070.

In relevant part, prior to the 1991 amendments a party aggrieved by a decision under the Act had the following remedies:

Sec. 9. Any person insured…