2 | 9 | | |
---|
3 | 10 | | |
---|
4 | 11 | | |
---|
5 | 12 | | |
---|
6 | 13 | | A BILL TO BE ENTITLED |
---|
7 | 14 | | AN ACT |
---|
8 | 15 | | relating to the funding mechanism for the regulation of workers' |
---|
9 | 16 | | compensation and workers' compensation insurance; authorizing |
---|
10 | 17 | | surcharges. |
---|
11 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 19 | | SECTION 1. The heading to Title 3, Insurance Code, is |
---|
13 | 20 | | amended to read as follows: |
---|
14 | 21 | | TITLE 3. DEPARTMENT FUNDS, FEES, SURCHARGES, AND TAXES |
---|
15 | 22 | | SECTION 2. The heading to Subtitle C, Title 3, Insurance |
---|
16 | 23 | | Code, is amended to read as follows: |
---|
17 | 24 | | SUBTITLE C. INSURANCE MAINTENANCE TAXES AND SURCHARGES |
---|
18 | 25 | | SECTION 3. Section 201.001(a), Insurance Code, is amended |
---|
19 | 26 | | to read as follows: |
---|
20 | 27 | | (a) The Texas Department of Insurance operating account is |
---|
21 | 28 | | an account in the general revenue fund. The account includes the |
---|
22 | 29 | | following: |
---|
23 | 30 | | (1) taxes, surcharges, and fees received by the |
---|
24 | 31 | | commissioner or comptroller that are required by this code or other |
---|
25 | 32 | | law to be deposited to the credit of the account; and |
---|
26 | 33 | | (2) money or credits received by the department or |
---|
27 | 34 | | commissioner from sales, reimbursements, and fees authorized by law |
---|
28 | 35 | | other than this code, including money or credits received from: |
---|
29 | 36 | | (A) charges for providing copies of public |
---|
30 | 37 | | information under Chapter 552, Government Code; |
---|
31 | 38 | | (B) the disposition of surplus or salvage |
---|
32 | 39 | | property under Subchapters C and D, Chapter 2175, Government Code; |
---|
33 | 40 | | (C) the sale of publications and other printed |
---|
34 | 41 | | material under Section 2052.301, Government Code; |
---|
35 | 42 | | (D) miscellaneous transactions and sources under |
---|
36 | 43 | | Section 403.011 or 403.012, Government Code; |
---|
37 | 44 | | (E) charges for postage spent to serve legal |
---|
38 | 45 | | process under Section 17.025, Civil Practice and Remedies Code; |
---|
39 | 46 | | (F) the comptroller involving warrants for which |
---|
40 | 47 | | payment is barred under Chapter 404, Government Code; |
---|
41 | 48 | | (G) sales or reimbursements authorized by the |
---|
42 | 49 | | General Appropriations Act; and |
---|
43 | 50 | | (H) the sale of property purchased with money |
---|
44 | 51 | | from the account or a predecessor fund or account. |
---|
45 | 52 | | SECTION 4. Sections 201.051(a) and (d), Insurance Code, are |
---|
46 | 53 | | amended to read as follows: |
---|
47 | 54 | | (a) Except as otherwise provided by this code or another |
---|
48 | 55 | | insurance law of this state, the comptroller shall administer and |
---|
49 | 56 | | enforce the provisions of this code and other insurance laws of this |
---|
50 | 57 | | state that relate to the administration, collection, and reporting |
---|
51 | 58 | | of taxes and certain fees, surcharges, and assessments imposed |
---|
52 | 59 | | under this code or another insurance law of this state, as |
---|
53 | 60 | | specifically provided by this code. |
---|
54 | 61 | | (d) Subtitles A and B, Title 2, Tax Code, apply to the |
---|
55 | 62 | | administration, collection, and enforcement by the comptroller of |
---|
56 | 63 | | taxes and certain fees, surcharges, and assessments under this code |
---|
57 | 64 | | or another insurance law of this state. Except as otherwise |
---|
58 | 65 | | provided by this code, the powers granted to the comptroller under |
---|
59 | 66 | | those provisions of the Tax Code do not limit and are exclusive of |
---|
60 | 67 | | the powers granted to the department or the commissioner in |
---|
61 | 68 | | relation to other fees, surcharges, and assessments under this |
---|
62 | 69 | | code. |
---|
63 | 70 | | SECTION 5. Section 251.001(a), Insurance Code, is amended |
---|
64 | 71 | | to read as follows: |
---|
65 | 72 | | (a) The commissioner shall annually determine the rate of |
---|
66 | 73 | | assessment of each maintenance tax or workers' compensation |
---|
67 | 74 | | surcharge imposed under this subtitle. |
---|
68 | 75 | | SECTION 6. Section 251.002, Insurance Code, is amended to |
---|
69 | 76 | | read as follows: |
---|
70 | 77 | | Sec. 251.002. DUTY TO ADVISE COMPTROLLER OF RATE. The |
---|
71 | 78 | | commissioner shall advise the comptroller of the applicable rate of |
---|
72 | 79 | | assessment of a maintenance tax or workers' compensation surcharge |
---|
73 | 80 | | not later than the 45th day before the due date of the tax or |
---|
74 | 81 | | surcharge report for the period for which that tax or surcharge is |
---|
75 | 82 | | due. |
---|
76 | 83 | | SECTION 7. Section 251.003, Insurance Code, is amended to |
---|
77 | 84 | | read as follows: |
---|
78 | 85 | | Sec. 251.003. EFFECT OF LATE ADVISEMENT OF |
---|
79 | 86 | | RATE. (a) Except as provided by Subsection (b), if the |
---|
80 | 87 | | commissioner does not advise the comptroller of the applicable rate |
---|
81 | 88 | | of assessment of a maintenance tax or workers' compensation |
---|
82 | 89 | | surcharge by the date required by Section 251.002, the rate of |
---|
83 | 90 | | assessment is the rate applied in the previous tax or surcharge |
---|
84 | 91 | | period. |
---|
85 | 92 | | (b) If the commissioner advises the comptroller of the |
---|
86 | 93 | | applicable rate of assessment of a maintenance tax or workers' |
---|
87 | 94 | | compensation surcharge after the tax or surcharge has been |
---|
88 | 95 | | assessed, the comptroller shall: |
---|
89 | 96 | | (1) advise each taxpayer or surcharge payer in writing |
---|
90 | 97 | | of the amount of any additional taxes or surcharges due; or |
---|
91 | 98 | | (2) refund any excess taxes or surcharges paid. |
---|
92 | 99 | | SECTION 8. The heading to Section 251.004, Insurance Code, |
---|
93 | 100 | | is amended to read as follows: |
---|
94 | 101 | | Sec. 251.004. DEPOSIT OF MAINTENANCE TAXES AND SURCHARGES. |
---|
95 | 102 | | SECTION 9. Section 251.004(a), Insurance Code, is amended |
---|
96 | 103 | | to read as follows: |
---|
97 | 104 | | (a) Except as provided by Subsection (b), maintenance taxes |
---|
98 | 105 | | collected under this subtitle and surcharges collected under |
---|
99 | 106 | | Chapter 255 shall be deposited in the general revenue fund and |
---|
100 | 107 | | reallocated to the Texas Department of Insurance operating account. |
---|
101 | 108 | | SECTION 10. Chapter 255, Insurance Code, is amended to read |
---|
102 | 109 | | as follows: |
---|
103 | 110 | | CHAPTER 255. WORKERS' COMPENSATION INSURANCE |
---|
104 | 111 | | Sec. 255.001. SURCHARGE [MAINTENANCE TAX] IMPOSED. (a) A |
---|
105 | 112 | | surcharge [maintenance tax] is imposed on each authorized insurer |
---|
106 | 113 | | with gross premiums subject to the surcharge [taxation] under |
---|
107 | 114 | | Section 255.003, including a: |
---|
108 | 115 | | (1) stock insurance company; |
---|
109 | 116 | | (2) mutual insurance company; |
---|
110 | 117 | | (3) reciprocal or interinsurance exchange; and |
---|
111 | 118 | | (4) Lloyd's plan. |
---|
112 | 119 | | (b) The surcharge [tax] required by this chapter is in |
---|
113 | 120 | | addition to [other] taxes or other surcharges imposed that are not |
---|
114 | 121 | | in conflict with this chapter. |
---|
115 | 122 | | Sec. 255.002. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The |
---|
116 | 123 | | sum of the rates [rate] of assessment for the surcharge imposed by |
---|
117 | 124 | | this chapter and the surcharges imposed by Chapters 403 and 405, |
---|
118 | 125 | | Labor Code, set by the commissioner, may not exceed 2.7 [0.6] |
---|
119 | 126 | | percent of the gross premiums subject to surcharges [taxation under |
---|
120 | 127 | | Section 255.003]. |
---|
121 | 128 | | (b) The commissioner shall annually adjust the rate of |
---|
122 | 129 | | assessment of the surcharge [maintenance tax] so that the surcharge |
---|
123 | 130 | | [tax] imposed that year, together with any unexpended funds |
---|
124 | 131 | | produced by the surcharge [tax], produces the amount the |
---|
125 | 132 | | commissioner determines is necessary to pay the expenses during the |
---|
126 | 133 | | succeeding year of regulating workers' compensation insurance. |
---|
127 | 134 | | Sec. 255.003. PREMIUMS SUBJECT TO SURCHARGE [TAXATION]. |
---|
128 | 135 | | (a) An insurer shall pay the surcharge [maintenance taxes] under |
---|
129 | 136 | | this chapter on the correctly reported gross workers' compensation |
---|
130 | 137 | | insurance premiums from writing workers' compensation insurance in |
---|
131 | 138 | | this state, including the modified annual premium of a policyholder |
---|
132 | 139 | | that purchases an optional deductible plan under Subchapter E, |
---|
133 | 140 | | Chapter 2053. |
---|
134 | 141 | | (b) The rate of assessment for a surcharge shall be applied |
---|
135 | 142 | | to the modified annual premium before application of a deductible |
---|
136 | 143 | | premium credit. |
---|
137 | 144 | | Sec. 255.004. SURCHARGE [MAINTENANCE TAX] DUE DATES. (a) |
---|
138 | 145 | | The insurer shall pay the surcharge [maintenance tax] annually or |
---|
139 | 146 | | semiannually. |
---|
140 | 147 | | (b) The comptroller may require semiannual payment only |
---|
141 | 148 | | from an insurer whose surcharge [maintenance tax] liability under |
---|
142 | 149 | | this chapter for the previous surcharge [tax] year was at least |
---|
143 | 150 | | $2,000. |
---|
144 | 151 | | Sec. 255.005. RECOVERY OF SURCHARGE. An insurer may |
---|
145 | 152 | | recover a surcharge under this chapter by: |
---|
146 | 153 | | (1) reflecting the surcharge as an expense in a rate |
---|
147 | 154 | | filing required under this code; or |
---|
148 | 155 | | (2) charging the insurer's policyholders. |
---|
149 | 156 | | SECTION 11. The heading to Section 281.006, Insurance Code, |
---|
150 | 157 | | is amended to read as follows: |
---|
151 | 158 | | Sec. 281.006. TREATMENT OF CERTAIN TAX REDUCTIONS, |
---|
152 | 159 | | SURCHARGES, AND CREDITS. |
---|
153 | 160 | | SECTION 12. Section 281.006, Insurance Code, is amended by |
---|
154 | 161 | | adding Subsection (c) to read as follows: |
---|
155 | 162 | | (c) Notwithstanding Section 281.005(4), a surcharge imposed |
---|
156 | 163 | | by Chapter 255 of this code or Chapter 403, 405, 407, or 407A, Labor |
---|
157 | 164 | | Code, is considered to be a fee paid in this state for purposes of |
---|
158 | 165 | | this chapter. |
---|
159 | 166 | | SECTION 13. Section 402.076(b), Labor Code, is amended to |
---|
160 | 167 | | read as follows: |
---|
161 | 168 | | (b) The operations of the division under this section are |
---|
162 | 169 | | funded through the surcharge [maintenance tax] assessed under |
---|
163 | 170 | | Section 403.002. |
---|
164 | 171 | | SECTION 14. Section 403.001(a), Labor Code, is amended to |
---|
165 | 172 | | read as follows: |
---|
166 | 173 | | (a) Except as provided by Sections 403.006, 403.007, and |
---|
167 | 174 | | 403.008, or as otherwise provided by law, money collected under |
---|
168 | 175 | | this subtitle, including surcharges and advance deposits for |
---|
169 | 176 | | purchase of services, shall be deposited in the general revenue |
---|
170 | 177 | | fund of the state treasury to the credit of the Texas Department of |
---|
171 | 178 | | Insurance operating account. |
---|
172 | 179 | | SECTION 15. Section 403.002, Labor Code, is amended to read |
---|
173 | 180 | | as follows: |
---|
174 | 181 | | Sec. 403.002. SURCHARGES [MAINTENANCE TAXES]. (a) Each |
---|
175 | 182 | | insurance carrier, other than a governmental entity, shall pay an |
---|
176 | 183 | | annual surcharge [maintenance tax] to pay the costs of |
---|
177 | 184 | | administering this subtitle and to support the prosecution of |
---|
178 | 185 | | workers' compensation insurance fraud in this state. |
---|
179 | 186 | | (b) The rate of assessment is applied to [may not exceed an |
---|
180 | 187 | | amount equal to two percent of] the correctly reported gross |
---|
181 | 188 | | workers' compensation insurance premiums, including the modified |
---|
182 | 189 | | annual premium of a policyholder that purchases an optional |
---|
183 | 190 | | deductible plan under Subchapter E, Chapter 2053 [Article 5.55C], |
---|
184 | 191 | | Insurance Code. The rate of assessment shall be applied to the |
---|
185 | 192 | | modified annual premium before application of a deductible premium |
---|
186 | 193 | | credit. |
---|
187 | 194 | | (c) A workers' compensation insurance company is assessed |
---|
188 | 195 | | the surcharge [taxed] at the rate established under Section 403.003 |
---|
189 | 196 | | and as limited by Section 255.002(a), Insurance Code. The |
---|
190 | 197 | | surcharge [tax] shall be collected in the manner provided for |
---|
191 | 198 | | collection of other surcharges [taxes] on gross premiums from a |
---|
192 | 199 | | workers' compensation insurance company as provided in Chapter 255, |
---|
193 | 200 | | Insurance Code. |
---|
194 | 201 | | (d) Each certified self-insurer shall pay a fee and |
---|
195 | 202 | | surcharge [maintenance taxes] as provided by Subchapter F, Chapter |
---|
196 | 203 | | 407. |
---|
197 | 204 | | SECTION 16. The heading to Section 403.003, Labor Code, is |
---|
198 | 205 | | amended to read as follows: |
---|
199 | 206 | | Sec. 403.003. RATE OF SURCHARGE [ASSESSMENT]. |
---|
200 | 207 | | SECTION 17. Section 403.003(a), Labor Code, is amended to |
---|
201 | 208 | | read as follows: |
---|
202 | 209 | | (a) The commissioner of insurance shall set and certify to |
---|
203 | 210 | | the comptroller the rate of the surcharge, [maintenance tax |
---|
204 | 211 | | assessment] taking into account: |
---|
205 | 212 | | (1) any expenditure projected as necessary for the |
---|
206 | 213 | | division and the office of injured employee counsel to: |
---|
207 | 214 | | (A) administer this subtitle during the fiscal |
---|
208 | 215 | | year for which the rate of assessment is set; and |
---|
209 | 216 | | (B) reimburse the general revenue fund as |
---|
210 | 217 | | provided by Section 201.052, Insurance Code; |
---|
211 | 218 | | (2) projected employee benefits paid from general |
---|
212 | 219 | | revenues; |
---|
213 | 220 | | (3) a surplus or deficit produced by the surcharge |
---|
214 | 221 | | [tax] in the preceding year; |
---|
215 | 222 | | (4) revenue recovered from other sources, including |
---|
216 | 223 | | reappropriated receipts, grants, payments, fees, gifts, and |
---|
217 | 224 | | penalties recovered under this subtitle; and |
---|
218 | 225 | | (5) expenditures projected as necessary to support the |
---|
219 | 226 | | prosecution of workers' compensation insurance fraud. |
---|
220 | 227 | | SECTION 18. Section 403.004, Labor Code, is amended to read |
---|
221 | 228 | | as follows: |
---|
222 | 229 | | Sec. 403.004. COLLECTION OF SURCHARGE [TAX] AFTER |
---|
223 | 230 | | WITHDRAWAL FROM BUSINESS. The commissioner or the commissioner of |
---|
224 | 231 | | insurance immediately shall proceed to collect surcharges [taxes] |
---|
225 | 232 | | due under this chapter from an insurance carrier that withdraws |
---|
226 | 233 | | from business in this state, using legal process as necessary. |
---|
227 | 234 | | SECTION 19. Section 403.005, Labor Code, is amended to read |
---|
228 | 235 | | as follows: |
---|
229 | 236 | | Sec. 403.005. SURCHARGE [TAX] RATE. The commissioner of |
---|
230 | 237 | | insurance shall annually adjust the rate of assessment of the |
---|
231 | 238 | | surcharge [maintenance tax] imposed under Section 403.003 so that |
---|
232 | 239 | | the surcharge [tax] imposed that year, together with any unexpended |
---|
233 | 240 | | funds produced by the surcharge [tax], produces the amount the |
---|
234 | 241 | | commissioner of insurance determines is necessary to pay the |
---|
235 | 242 | | expenses of administering this subtitle. |
---|
236 | 243 | | SECTION 20. Chapter 403, Labor Code, is amended by adding |
---|
237 | 244 | | Section 403.0055 to read as follows: |
---|
238 | 245 | | Sec. 403.0055. RECOVERY OF SURCHARGE. An insurer may |
---|
239 | 246 | | recover a surcharge under this chapter by: |
---|
240 | 247 | | (1) reflecting the surcharge as an expense in a rate |
---|
241 | 248 | | filing required under the Insurance Code; or |
---|
242 | 249 | | (2) charging the insurer's policyholders. |
---|
243 | 250 | | SECTION 21. Section 403.007(e), Labor Code, is amended to |
---|
244 | 251 | | read as follows: |
---|
245 | 252 | | (e) If the commissioner determines that the funding under |
---|
246 | 253 | | Subsection (a) is not adequate to meet the expected obligations of |
---|
247 | 254 | | the subsequent injury fund established under Section 403.006, the |
---|
248 | 255 | | fund shall be supplemented by the collection of a surcharge |
---|
249 | 256 | | [maintenance tax] paid by insurance carriers, other than a |
---|
250 | 257 | | governmental entity, as provided by Sections 403.002 and 403.003. |
---|
251 | 258 | | The rate of assessment must be adequate to provide 120 percent of |
---|
252 | 259 | | the projected unfunded liabilities of the fund for the next |
---|
253 | 260 | | biennium as certified by an independent actuary or financial |
---|
254 | 261 | | advisor. |
---|
255 | 262 | | SECTION 22. The heading to Section 405.003, Labor Code, is |
---|
256 | 263 | | amended to read as follows: |
---|
257 | 264 | | Sec. 405.003. FUNDING; SURCHARGE AND RECOVERY OF SURCHARGE |
---|
258 | 265 | | BY INSURERS [MAINTENANCE TAX]. |
---|
259 | 266 | | SECTION 23. Section 405.003, Labor Code, is amended by |
---|
260 | 267 | | amending Subsections (a), (b), (c), and (d) and adding Subsection |
---|
261 | 268 | | (g) to read as follows: |
---|
262 | 269 | | (a) The group's duties under this chapter are funded through |
---|
263 | 270 | | the assessment of a surcharge [maintenance tax] collected annually |
---|
264 | 271 | | from all insurance carriers, and self-insurance groups that hold |
---|
265 | 272 | | certificates of approval under Chapter 407A, except governmental |
---|
266 | 273 | | entities. |
---|
267 | 274 | | (b) The department shall set the rate of the surcharge |
---|
268 | 275 | | [maintenance tax] based on the expenditures authorized and the |
---|
269 | 276 | | receipts anticipated in legislative appropriations. The surcharge |
---|
270 | 277 | | [tax] rate for insurance companies may not exceed the limitation in |
---|
271 | 278 | | Section 255.002(a), Insurance Code. The surcharge rate is applied |
---|
272 | 279 | | to [may not exceed one-tenth of one percent of] the correctly |
---|
273 | 280 | | reported gross workers' compensation insurance premiums. The |
---|
274 | 281 | | surcharge [tax] rate for certified self-insurers may not exceed the |
---|
275 | 282 | | limitation in Section 255.002(a), Insurance Code. The surcharge |
---|
276 | 283 | | rate is applied to [may not exceed one-tenth of one percent of] the |
---|
277 | 284 | | total surcharge [tax] base of all certified self-insurers, as |
---|
278 | 285 | | computed under Section 407.103(b). The surcharge [tax] rate for |
---|
279 | 286 | | self-insurance groups described by Subsection (a) may not exceed |
---|
280 | 287 | | the limitation in Section 255.002(a), Insurance Code. The |
---|
281 | 288 | | surcharge rate is applied to [may not exceed one-tenth of one |
---|
282 | 289 | | percent of] the group's gross premium for the group's retention, |
---|
283 | 290 | | excluding premium collected by the group for excess insurance. |
---|
284 | 291 | | (c) The surcharge [tax] imposed under Subsection (a) is in |
---|
285 | 292 | | addition to all [other] taxes or other surcharges imposed on those |
---|
286 | 293 | | insurance carriers for workers' compensation purposes. |
---|
287 | 294 | | (d) The surcharge [tax] on insurance companies and on |
---|
288 | 295 | | self-insurance groups described by Subsection (a) shall be |
---|
289 | 296 | | assessed, collected, and paid in the same manner and at the same |
---|
290 | 297 | | time as the surcharge [maintenance tax] established for the support |
---|
291 | 298 | | of the department under Chapter 255, Insurance Code. The surcharge |
---|
292 | 299 | | [tax] on certified self-insurers shall be assessed, collected, and |
---|
293 | 300 | | paid in the same manner and at the same time as the self-insurer |
---|
294 | 301 | | surcharge [maintenance tax] collected under Section 407.104. |
---|
295 | 302 | | (g) An insurer may recover a surcharge under this section |
---|
296 | 303 | | by: |
---|
297 | 304 | | (1) reflecting the surcharge as an expense in a rate |
---|
298 | 305 | | filing required under the Insurance Code; or |
---|
299 | 306 | | (2) charging the insurer's policyholders. |
---|
300 | 307 | | SECTION 24. Section 407.103, Labor Code, is amended to read |
---|
301 | 308 | | as follows: |
---|
302 | 309 | | Sec. 407.103. SELF-INSURER SURCHARGE [MAINTENANCE TAX]; |
---|
303 | 310 | | EFFECT ON GENERAL SURCHARGE [MAINTENANCE TAX]. (a) Each certified |
---|
304 | 311 | | self-insurer shall pay a self-insurer surcharge [maintenance tax] |
---|
305 | 312 | | for the administration of the division and the office of injured |
---|
306 | 313 | | employee counsel and to support the prosecution of workers' |
---|
307 | 314 | | compensation insurance fraud in this state. Not more than two |
---|
308 | 315 | | percent of the total surcharge [tax] base of all certified |
---|
309 | 316 | | self-insurers, as computed under Subsection (b), may be assessed |
---|
310 | 317 | | for a surcharge [maintenance tax] under this section. |
---|
311 | 318 | | (b) To determine the surcharge [tax] base of a certified |
---|
312 | 319 | | self-insurer for purposes of this chapter, the department shall |
---|
313 | 320 | | multiply the amount of the certified self-insurer's liabilities for |
---|
314 | 321 | | workers' compensation claims incurred in the previous year, |
---|
315 | 322 | | including claims incurred but not reported, plus the amount of |
---|
316 | 323 | | expense incurred by the certified self-insurer in the previous year |
---|
317 | 324 | | for administration of self-insurance, including legal costs, by |
---|
318 | 325 | | 1.02. |
---|
319 | 326 | | (c) The surcharge [tax] liability of a certified |
---|
320 | 327 | | self-insurer under this section is the surcharge [tax] base |
---|
321 | 328 | | computed under Subsection (b) multiplied by the rate assessed |
---|
322 | 329 | | workers' compensation insurance companies under Sections 403.002 |
---|
323 | 330 | | and 403.003, as limited by Section 255.002(a), Insurance Code. |
---|
324 | 331 | | (d) In setting the rate of the surcharge [maintenance tax |
---|
325 | 332 | | assessment] for insurance companies, the commissioner of insurance |
---|
326 | 333 | | may not consider revenue or expenditures related to the operation |
---|
327 | 334 | | of the self-insurer program under this chapter. |
---|
328 | 335 | | SECTION 25. Section 407.104, Labor Code, is amended to read |
---|
329 | 336 | | as follows: |
---|
330 | 337 | | Sec. 407.104. COLLECTION OF SURCHARGES [TAXES] AND FEES; |
---|
331 | 338 | | ADMINISTRATIVE VIOLATION. (a) The regulatory fee imposed by |
---|
332 | 339 | | Section 407.102 and the surcharge [taxes] imposed by Section |
---|
333 | 340 | | 407.103 are due on the 60th day after the issuance of a certificate |
---|
334 | 341 | | of authority to self-insure and on the 60th day after each annual |
---|
335 | 342 | | renewal date. |
---|
336 | 343 | | (b) The department shall compute the fee and surcharge |
---|
337 | 344 | | [taxes] of a certified self-insurer and notify the certified |
---|
338 | 345 | | self-insurer of the amounts due. The surcharge [taxes] and fees |
---|
339 | 346 | | shall be remitted to the division. |
---|
340 | 347 | | (c) The regulatory fee imposed under Section 407.102 shall |
---|
341 | 348 | | be deposited in the Texas Department of Insurance operating account |
---|
342 | 349 | | to the credit of the division. The self-insurer surcharge imposed |
---|
343 | 350 | | under Section 407.103 [maintenance tax] shall be deposited in the |
---|
344 | 351 | | Texas Department of Insurance operating account to the credit of |
---|
345 | 352 | | the division. |
---|
346 | 353 | | (d) A certified self-insurer commits an administrative |
---|
347 | 354 | | violation if the self-insurer does not pay the surcharge [taxes] |
---|
348 | 355 | | and fee imposed under Sections 407.102 and 407.103 in a timely |
---|
349 | 356 | | manner. |
---|
350 | 357 | | (e) If the certificate of authority to self-insure of a |
---|
351 | 358 | | certified self-insurer is terminated, the commissioner or the |
---|
352 | 359 | | commissioner of insurance shall proceed immediately to collect |
---|
353 | 360 | | surcharges [taxes] due under this subtitle, using legal process as |
---|
354 | 361 | | necessary. |
---|
355 | 362 | | SECTION 26. Section 407A.252(b), Labor Code, is amended to |
---|
356 | 363 | | read as follows: |
---|
357 | 364 | | (b) The commissioner has full access to the records, |
---|
358 | 365 | | officers, agents, and employees of a group as necessary to complete |
---|
359 | 366 | | an examination under this section. The commissioner may recover the |
---|
360 | 367 | | expenses of the examination under Sections 401.151 and 401.152 |
---|
361 | 368 | | [Article 1.16], Insurance Code, to the extent the surcharge |
---|
362 | 369 | | [maintenance tax] under Section 407A.302 does not cover those |
---|
363 | 370 | | expenses. |
---|
364 | 371 | | SECTION 27. The heading to Subchapter G, Chapter 407A, |
---|
365 | 372 | | Labor Code, is amended to read as follows: |
---|
366 | 373 | | SUBCHAPTER G. TAXES, SURCHARGES [FEES], AND ASSESSMENTS |
---|
367 | 374 | | SECTION 28. Section 407A.301, Labor Code, is amended to |
---|
368 | 375 | | read as follows: |
---|
369 | 376 | | Sec. 407A.301. SURCHARGE [MAINTENANCE TAX] FOR DIVISION AND |
---|
370 | 377 | | RESEARCH FUNCTIONS OF DEPARTMENT. (a) Each group shall pay a |
---|
371 | 378 | | self-insurance group surcharge [maintenance tax] under this |
---|
372 | 379 | | section for: |
---|
373 | 380 | | (1) the administration of the division of workers' |
---|
374 | 381 | | compensation of the department; |
---|
375 | 382 | | (2) the prosecution of workers' compensation insurance |
---|
376 | 383 | | fraud in this state; |
---|
377 | 384 | | (3) the research functions of the department under |
---|
378 | 385 | | Chapter 405; and |
---|
379 | 386 | | (4) the administration of the office of injured |
---|
380 | 387 | | employee counsel under Chapter 404. |
---|
381 | 388 | | (b) The surcharge [tax] liability of a group under |
---|
382 | 389 | | Subsections (a)(1) and (2) is based on gross premium for that [the] |
---|
383 | 390 | | group's retention multiplied by the rate assessed insurance |
---|
384 | 391 | | carriers under Sections 403.002 and 403.003, as limited by Section |
---|
385 | 392 | | 255.002(a), Insurance Code. |
---|
386 | 393 | | (c) The surcharge [tax] liability of a group under |
---|
387 | 394 | | Subsection (a)(3) is based on gross premium for the group's |
---|
388 | 395 | | retention multiplied by the rate assessed insurance carriers under |
---|
389 | 396 | | Section 405.003, as limited by Section 255.002(a), Insurance Code. |
---|
390 | 397 | | (d) The surcharge [tax] under this section does not apply to |
---|
391 | 398 | | premium collected by the group for excess insurance. |
---|
392 | 399 | | (e) The surcharge [tax] under this section shall be |
---|
393 | 400 | | collected by the comptroller as provided by Section 201.051 and |
---|
394 | 401 | | Chapter 255, Insurance Code. |
---|
395 | 402 | | SECTION 29. Section 407A.302, Labor Code, is amended to |
---|
396 | 403 | | read as follows: |
---|
397 | 404 | | Sec. 407A.302. SURCHARGE [MAINTENANCE TAX] FOR DEPARTMENT. |
---|
398 | 405 | | (a) Subject to Subsection (b), each group shall pay the surcharge |
---|
399 | 406 | | [maintenance tax] imposed under Chapter 255, Insurance Code, for |
---|
400 | 407 | | the administrative costs incurred by the department in implementing |
---|
401 | 408 | | this chapter. |
---|
402 | 409 | | (b) The surcharge owed by [tax liability of] a group under |
---|
403 | 410 | | this section is based on gross premium for the group's retention and |
---|
404 | 411 | | does not include premium collected by the group for excess |
---|
405 | 412 | | insurance. |
---|
406 | 413 | | (c) The surcharge owed [maintenance tax assessed] under |
---|
407 | 414 | | this section is subject to Chapter 255, Insurance Code, and shall be |
---|
408 | 415 | | collected by the comptroller in the manner provided by that |
---|
409 | 416 | | chapter. |
---|
410 | 417 | | SECTION 30. Section 407A.303, Labor Code, is amended to |
---|
411 | 418 | | read as follows: |
---|
412 | 419 | | Sec. 407A.303. COLLECTION AND PAYMENT OF SURCHARGES |
---|
413 | 420 | | [TAXES]. (a) The group shall remit the surcharges [taxes] for |
---|
414 | 421 | | deposit in the Texas Department of Insurance operating account to |
---|
415 | 422 | | the credit of the division. |
---|
416 | 423 | | (b) A group commits an administrative violation if the group |
---|
417 | 424 | | does not pay the surcharges [taxes] imposed under Sections 407A.301 |
---|
418 | 425 | | and 407A.302 in a timely manner. |
---|
419 | 426 | | (c) If the certificate of approval of a group is terminated, |
---|
420 | 427 | | the commissioner or the commissioner of insurance shall immediately |
---|
421 | 428 | | notify the comptroller to collect surcharges [taxes] as directed |
---|
422 | 429 | | under Sections 407A.301 and 407A.302. |
---|
423 | 430 | | SECTION 31. The changes in law made by this Act relating to |
---|
424 | 431 | | surcharges on gross workers' compensation premiums or certified |
---|
425 | 432 | | self-insurers' liabilities and expenses apply only to the gross |
---|
426 | 433 | | annual premiums reported or liabilities and expenses incurred for |
---|
427 | 434 | | an annual period beginning on or after the effective date of this |
---|
428 | 435 | | Act. Maintenance taxes imposed on gross annual workers' |
---|
429 | 436 | | compensation premiums or liabilities and expenses before the |
---|
430 | 437 | | effective date of this Act are governed by the law as it existed |
---|
431 | 438 | | before the effective date of this Act, and the former law is |
---|
432 | 439 | | continued in effect for that purpose. |
---|
433 | 440 | | SECTION 32. This Act takes effect January 1, 2026. |
---|