Texas 2025 - 89th Regular

Texas Senate Bill SB1455 Compare Versions

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11 By: Hagenbuch S.B. No. 1455
2+ (In the Senate - Filed February 19, 2025; March 6, 2025,
3+ read first time and referred to Committee on Business & Commerce;
4+ April 14, 2025, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 10, Nays 0; April 14, 2025,
6+ sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR S.B. No. 1455 By: Nichols
29
310
411
512
613 A BILL TO BE ENTITLED
714 AN ACT
815 relating to the funding mechanism for the regulation of workers'
916 compensation and workers' compensation insurance; authorizing
1017 surcharges.
1118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1219 SECTION 1. The heading to Title 3, Insurance Code, is
1320 amended to read as follows:
1421 TITLE 3. DEPARTMENT FUNDS, FEES, SURCHARGES, AND TAXES
1522 SECTION 2. The heading to Subtitle C, Title 3, Insurance
1623 Code, is amended to read as follows:
1724 SUBTITLE C. INSURANCE MAINTENANCE TAXES AND SURCHARGES
1825 SECTION 3. Section 201.001(a), Insurance Code, is amended
1926 to read as follows:
2027 (a) The Texas Department of Insurance operating account is
2128 an account in the general revenue fund. The account includes the
2229 following:
2330 (1) taxes, surcharges, and fees received by the
2431 commissioner or comptroller that are required by this code or other
2532 law to be deposited to the credit of the account; and
2633 (2) money or credits received by the department or
2734 commissioner from sales, reimbursements, and fees authorized by law
2835 other than this code, including money or credits received from:
2936 (A) charges for providing copies of public
3037 information under Chapter 552, Government Code;
3138 (B) the disposition of surplus or salvage
3239 property under Subchapters C and D, Chapter 2175, Government Code;
3340 (C) the sale of publications and other printed
3441 material under Section 2052.301, Government Code;
3542 (D) miscellaneous transactions and sources under
3643 Section 403.011 or 403.012, Government Code;
3744 (E) charges for postage spent to serve legal
3845 process under Section 17.025, Civil Practice and Remedies Code;
3946 (F) the comptroller involving warrants for which
4047 payment is barred under Chapter 404, Government Code;
4148 (G) sales or reimbursements authorized by the
4249 General Appropriations Act; and
4350 (H) the sale of property purchased with money
4451 from the account or a predecessor fund or account.
4552 SECTION 4. Sections 201.051(a) and (d), Insurance Code, are
4653 amended to read as follows:
4754 (a) Except as otherwise provided by this code or another
4855 insurance law of this state, the comptroller shall administer and
4956 enforce the provisions of this code and other insurance laws of this
5057 state that relate to the administration, collection, and reporting
5158 of taxes and certain fees, surcharges, and assessments imposed
5259 under this code or another insurance law of this state, as
5360 specifically provided by this code.
5461 (d) Subtitles A and B, Title 2, Tax Code, apply to the
5562 administration, collection, and enforcement by the comptroller of
5663 taxes and certain fees, surcharges, and assessments under this code
5764 or another insurance law of this state. Except as otherwise
5865 provided by this code, the powers granted to the comptroller under
5966 those provisions of the Tax Code do not limit and are exclusive of
6067 the powers granted to the department or the commissioner in
6168 relation to other fees, surcharges, and assessments under this
6269 code.
6370 SECTION 5. Section 251.001(a), Insurance Code, is amended
6471 to read as follows:
6572 (a) The commissioner shall annually determine the rate of
6673 assessment of each maintenance tax or workers' compensation
6774 surcharge imposed under this subtitle.
6875 SECTION 6. Section 251.002, Insurance Code, is amended to
6976 read as follows:
7077 Sec. 251.002. DUTY TO ADVISE COMPTROLLER OF RATE. The
7178 commissioner shall advise the comptroller of the applicable rate of
7279 assessment of a maintenance tax or workers' compensation surcharge
7380 not later than the 45th day before the due date of the tax or
7481 surcharge report for the period for which that tax or surcharge is
7582 due.
7683 SECTION 7. Section 251.003, Insurance Code, is amended to
7784 read as follows:
7885 Sec. 251.003. EFFECT OF LATE ADVISEMENT OF
7986 RATE. (a) Except as provided by Subsection (b), if the
8087 commissioner does not advise the comptroller of the applicable rate
8188 of assessment of a maintenance tax or workers' compensation
8289 surcharge by the date required by Section 251.002, the rate of
8390 assessment is the rate applied in the previous tax or surcharge
8491 period.
8592 (b) If the commissioner advises the comptroller of the
8693 applicable rate of assessment of a maintenance tax or workers'
8794 compensation surcharge after the tax or surcharge has been
8895 assessed, the comptroller shall:
8996 (1) advise each taxpayer or surcharge payer in writing
9097 of the amount of any additional taxes or surcharges due; or
9198 (2) refund any excess taxes or surcharges paid.
9299 SECTION 8. The heading to Section 251.004, Insurance Code,
93100 is amended to read as follows:
94101 Sec. 251.004. DEPOSIT OF MAINTENANCE TAXES AND SURCHARGES.
95102 SECTION 9. Section 251.004(a), Insurance Code, is amended
96103 to read as follows:
97104 (a) Except as provided by Subsection (b), maintenance taxes
98105 collected under this subtitle and surcharges collected under
99106 Chapter 255 shall be deposited in the general revenue fund and
100107 reallocated to the Texas Department of Insurance operating account.
101108 SECTION 10. Chapter 255, Insurance Code, is amended to read
102109 as follows:
103110 CHAPTER 255. WORKERS' COMPENSATION INSURANCE
104111 Sec. 255.001. SURCHARGE [MAINTENANCE TAX] IMPOSED. (a) A
105112 surcharge [maintenance tax] is imposed on each authorized insurer
106113 with gross premiums subject to the surcharge [taxation] under
107114 Section 255.003, including a:
108115 (1) stock insurance company;
109116 (2) mutual insurance company;
110117 (3) reciprocal or interinsurance exchange; and
111118 (4) Lloyd's plan.
112119 (b) The surcharge [tax] required by this chapter is in
113120 addition to [other] taxes or other surcharges imposed that are not
114121 in conflict with this chapter.
115122 Sec. 255.002. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The
116123 sum of the rates [rate] of assessment for the surcharge imposed by
117124 this chapter and the surcharges imposed by Chapters 403 and 405,
118125 Labor Code, set by the commissioner, may not exceed 2.7 [0.6]
119126 percent of the gross premiums subject to surcharges [taxation under
120127 Section 255.003].
121128 (b) The commissioner shall annually adjust the rate of
122129 assessment of the surcharge [maintenance tax] so that the surcharge
123130 [tax] imposed that year, together with any unexpended funds
124131 produced by the surcharge [tax], produces the amount the
125132 commissioner determines is necessary to pay the expenses during the
126133 succeeding year of regulating workers' compensation insurance.
127134 Sec. 255.003. PREMIUMS SUBJECT TO SURCHARGE [TAXATION].
128135 (a) An insurer shall pay the surcharge [maintenance taxes] under
129136 this chapter on the correctly reported gross workers' compensation
130137 insurance premiums from writing workers' compensation insurance in
131138 this state, including the modified annual premium of a policyholder
132139 that purchases an optional deductible plan under Subchapter E,
133140 Chapter 2053.
134141 (b) The rate of assessment for a surcharge shall be applied
135142 to the modified annual premium before application of a deductible
136143 premium credit.
137144 Sec. 255.004. SURCHARGE [MAINTENANCE TAX] DUE DATES. (a)
138145 The insurer shall pay the surcharge [maintenance tax] annually or
139146 semiannually.
140147 (b) The comptroller may require semiannual payment only
141148 from an insurer whose surcharge [maintenance tax] liability under
142149 this chapter for the previous surcharge [tax] year was at least
143150 $2,000.
144151 Sec. 255.005. RECOVERY OF SURCHARGE. An insurer may
145152 recover a surcharge under this chapter by:
146153 (1) reflecting the surcharge as an expense in a rate
147154 filing required under this code; or
148155 (2) charging the insurer's policyholders.
149156 SECTION 11. The heading to Section 281.006, Insurance Code,
150157 is amended to read as follows:
151158 Sec. 281.006. TREATMENT OF CERTAIN TAX REDUCTIONS,
152159 SURCHARGES, AND CREDITS.
153160 SECTION 12. Section 281.006, Insurance Code, is amended by
154161 adding Subsection (c) to read as follows:
155162 (c) Notwithstanding Section 281.005(4), a surcharge imposed
156163 by Chapter 255 of this code or Chapter 403, 405, 407, or 407A, Labor
157164 Code, is considered to be a fee paid in this state for purposes of
158165 this chapter.
159166 SECTION 13. Section 402.076(b), Labor Code, is amended to
160167 read as follows:
161168 (b) The operations of the division under this section are
162169 funded through the surcharge [maintenance tax] assessed under
163170 Section 403.002.
164171 SECTION 14. Section 403.001(a), Labor Code, is amended to
165172 read as follows:
166173 (a) Except as provided by Sections 403.006, 403.007, and
167174 403.008, or as otherwise provided by law, money collected under
168175 this subtitle, including surcharges and advance deposits for
169176 purchase of services, shall be deposited in the general revenue
170177 fund of the state treasury to the credit of the Texas Department of
171178 Insurance operating account.
172179 SECTION 15. Section 403.002, Labor Code, is amended to read
173180 as follows:
174181 Sec. 403.002. SURCHARGES [MAINTENANCE TAXES]. (a) Each
175182 insurance carrier, other than a governmental entity, shall pay an
176183 annual surcharge [maintenance tax] to pay the costs of
177184 administering this subtitle and to support the prosecution of
178185 workers' compensation insurance fraud in this state.
179186 (b) The rate of assessment is applied to [may not exceed an
180187 amount equal to two percent of] the correctly reported gross
181188 workers' compensation insurance premiums, including the modified
182189 annual premium of a policyholder that purchases an optional
183190 deductible plan under Subchapter E, Chapter 2053 [Article 5.55C],
184191 Insurance Code. The rate of assessment shall be applied to the
185192 modified annual premium before application of a deductible premium
186193 credit.
187194 (c) A workers' compensation insurance company is assessed
188195 the surcharge [taxed] at the rate established under Section 403.003
189196 and as limited by Section 255.002(a), Insurance Code. The
190197 surcharge [tax] shall be collected in the manner provided for
191198 collection of other surcharges [taxes] on gross premiums from a
192199 workers' compensation insurance company as provided in Chapter 255,
193200 Insurance Code.
194201 (d) Each certified self-insurer shall pay a fee and
195202 surcharge [maintenance taxes] as provided by Subchapter F, Chapter
196203 407.
197204 SECTION 16. The heading to Section 403.003, Labor Code, is
198205 amended to read as follows:
199206 Sec. 403.003. RATE OF SURCHARGE [ASSESSMENT].
200207 SECTION 17. Section 403.003(a), Labor Code, is amended to
201208 read as follows:
202209 (a) The commissioner of insurance shall set and certify to
203210 the comptroller the rate of the surcharge, [maintenance tax
204211 assessment] taking into account:
205212 (1) any expenditure projected as necessary for the
206213 division and the office of injured employee counsel to:
207214 (A) administer this subtitle during the fiscal
208215 year for which the rate of assessment is set; and
209216 (B) reimburse the general revenue fund as
210217 provided by Section 201.052, Insurance Code;
211218 (2) projected employee benefits paid from general
212219 revenues;
213220 (3) a surplus or deficit produced by the surcharge
214221 [tax] in the preceding year;
215222 (4) revenue recovered from other sources, including
216223 reappropriated receipts, grants, payments, fees, gifts, and
217224 penalties recovered under this subtitle; and
218225 (5) expenditures projected as necessary to support the
219226 prosecution of workers' compensation insurance fraud.
220227 SECTION 18. Section 403.004, Labor Code, is amended to read
221228 as follows:
222229 Sec. 403.004. COLLECTION OF SURCHARGE [TAX] AFTER
223230 WITHDRAWAL FROM BUSINESS. The commissioner or the commissioner of
224231 insurance immediately shall proceed to collect surcharges [taxes]
225232 due under this chapter from an insurance carrier that withdraws
226233 from business in this state, using legal process as necessary.
227234 SECTION 19. Section 403.005, Labor Code, is amended to read
228235 as follows:
229236 Sec. 403.005. SURCHARGE [TAX] RATE. The commissioner of
230237 insurance shall annually adjust the rate of assessment of the
231238 surcharge [maintenance tax] imposed under Section 403.003 so that
232239 the surcharge [tax] imposed that year, together with any unexpended
233240 funds produced by the surcharge [tax], produces the amount the
234241 commissioner of insurance determines is necessary to pay the
235242 expenses of administering this subtitle.
236243 SECTION 20. Chapter 403, Labor Code, is amended by adding
237244 Section 403.0055 to read as follows:
238245 Sec. 403.0055. RECOVERY OF SURCHARGE. An insurer may
239246 recover a surcharge under this chapter by:
240247 (1) reflecting the surcharge as an expense in a rate
241248 filing required under the Insurance Code; or
242249 (2) charging the insurer's policyholders.
243250 SECTION 21. Section 403.007(e), Labor Code, is amended to
244251 read as follows:
245252 (e) If the commissioner determines that the funding under
246253 Subsection (a) is not adequate to meet the expected obligations of
247254 the subsequent injury fund established under Section 403.006, the
248255 fund shall be supplemented by the collection of a surcharge
249256 [maintenance tax] paid by insurance carriers, other than a
250257 governmental entity, as provided by Sections 403.002 and 403.003.
251258 The rate of assessment must be adequate to provide 120 percent of
252259 the projected unfunded liabilities of the fund for the next
253260 biennium as certified by an independent actuary or financial
254261 advisor.
255262 SECTION 22. The heading to Section 405.003, Labor Code, is
256263 amended to read as follows:
257264 Sec. 405.003. FUNDING; SURCHARGE AND RECOVERY OF SURCHARGE
258265 BY INSURERS [MAINTENANCE TAX].
259266 SECTION 23. Section 405.003, Labor Code, is amended by
260267 amending Subsections (a), (b), (c), and (d) and adding Subsection
261268 (g) to read as follows:
262269 (a) The group's duties under this chapter are funded through
263270 the assessment of a surcharge [maintenance tax] collected annually
264271 from all insurance carriers, and self-insurance groups that hold
265272 certificates of approval under Chapter 407A, except governmental
266273 entities.
267274 (b) The department shall set the rate of the surcharge
268275 [maintenance tax] based on the expenditures authorized and the
269276 receipts anticipated in legislative appropriations. The surcharge
270277 [tax] rate for insurance companies may not exceed the limitation in
271278 Section 255.002(a), Insurance Code. The surcharge rate is applied
272279 to [may not exceed one-tenth of one percent of] the correctly
273280 reported gross workers' compensation insurance premiums. The
274281 surcharge [tax] rate for certified self-insurers may not exceed the
275282 limitation in Section 255.002(a), Insurance Code. The surcharge
276283 rate is applied to [may not exceed one-tenth of one percent of] the
277284 total surcharge [tax] base of all certified self-insurers, as
278285 computed under Section 407.103(b). The surcharge [tax] rate for
279286 self-insurance groups described by Subsection (a) may not exceed
280287 the limitation in Section 255.002(a), Insurance Code. The
281288 surcharge rate is applied to [may not exceed one-tenth of one
282289 percent of] the group's gross premium for the group's retention,
283290 excluding premium collected by the group for excess insurance.
284291 (c) The surcharge [tax] imposed under Subsection (a) is in
285292 addition to all [other] taxes or other surcharges imposed on those
286293 insurance carriers for workers' compensation purposes.
287294 (d) The surcharge [tax] on insurance companies and on
288295 self-insurance groups described by Subsection (a) shall be
289296 assessed, collected, and paid in the same manner and at the same
290297 time as the surcharge [maintenance tax] established for the support
291298 of the department under Chapter 255, Insurance Code. The surcharge
292299 [tax] on certified self-insurers shall be assessed, collected, and
293300 paid in the same manner and at the same time as the self-insurer
294301 surcharge [maintenance tax] collected under Section 407.104.
295302 (g) An insurer may recover a surcharge under this section
296303 by:
297304 (1) reflecting the surcharge as an expense in a rate
298305 filing required under the Insurance Code; or
299306 (2) charging the insurer's policyholders.
300307 SECTION 24. Section 407.103, Labor Code, is amended to read
301308 as follows:
302309 Sec. 407.103. SELF-INSURER SURCHARGE [MAINTENANCE TAX];
303310 EFFECT ON GENERAL SURCHARGE [MAINTENANCE TAX]. (a) Each certified
304311 self-insurer shall pay a self-insurer surcharge [maintenance tax]
305312 for the administration of the division and the office of injured
306313 employee counsel and to support the prosecution of workers'
307314 compensation insurance fraud in this state. Not more than two
308315 percent of the total surcharge [tax] base of all certified
309316 self-insurers, as computed under Subsection (b), may be assessed
310317 for a surcharge [maintenance tax] under this section.
311318 (b) To determine the surcharge [tax] base of a certified
312319 self-insurer for purposes of this chapter, the department shall
313320 multiply the amount of the certified self-insurer's liabilities for
314321 workers' compensation claims incurred in the previous year,
315322 including claims incurred but not reported, plus the amount of
316323 expense incurred by the certified self-insurer in the previous year
317324 for administration of self-insurance, including legal costs, by
318325 1.02.
319326 (c) The surcharge [tax] liability of a certified
320327 self-insurer under this section is the surcharge [tax] base
321328 computed under Subsection (b) multiplied by the rate assessed
322329 workers' compensation insurance companies under Sections 403.002
323330 and 403.003, as limited by Section 255.002(a), Insurance Code.
324331 (d) In setting the rate of the surcharge [maintenance tax
325332 assessment] for insurance companies, the commissioner of insurance
326333 may not consider revenue or expenditures related to the operation
327334 of the self-insurer program under this chapter.
328335 SECTION 25. Section 407.104, Labor Code, is amended to read
329336 as follows:
330337 Sec. 407.104. COLLECTION OF SURCHARGES [TAXES] AND FEES;
331338 ADMINISTRATIVE VIOLATION. (a) The regulatory fee imposed by
332339 Section 407.102 and the surcharge [taxes] imposed by Section
333340 407.103 are due on the 60th day after the issuance of a certificate
334341 of authority to self-insure and on the 60th day after each annual
335342 renewal date.
336343 (b) The department shall compute the fee and surcharge
337344 [taxes] of a certified self-insurer and notify the certified
338345 self-insurer of the amounts due. The surcharge [taxes] and fees
339346 shall be remitted to the division.
340347 (c) The regulatory fee imposed under Section 407.102 shall
341348 be deposited in the Texas Department of Insurance operating account
342349 to the credit of the division. The self-insurer surcharge imposed
343350 under Section 407.103 [maintenance tax] shall be deposited in the
344351 Texas Department of Insurance operating account to the credit of
345352 the division.
346353 (d) A certified self-insurer commits an administrative
347354 violation if the self-insurer does not pay the surcharge [taxes]
348355 and fee imposed under Sections 407.102 and 407.103 in a timely
349356 manner.
350357 (e) If the certificate of authority to self-insure of a
351358 certified self-insurer is terminated, the commissioner or the
352359 commissioner of insurance shall proceed immediately to collect
353360 surcharges [taxes] due under this subtitle, using legal process as
354361 necessary.
355362 SECTION 26. Section 407A.252(b), Labor Code, is amended to
356363 read as follows:
357364 (b) The commissioner has full access to the records,
358365 officers, agents, and employees of a group as necessary to complete
359366 an examination under this section. The commissioner may recover the
360367 expenses of the examination under Sections 401.151 and 401.152
361368 [Article 1.16], Insurance Code, to the extent the surcharge
362369 [maintenance tax] under Section 407A.302 does not cover those
363370 expenses.
364371 SECTION 27. The heading to Subchapter G, Chapter 407A,
365372 Labor Code, is amended to read as follows:
366373 SUBCHAPTER G. TAXES, SURCHARGES [FEES], AND ASSESSMENTS
367374 SECTION 28. Section 407A.301, Labor Code, is amended to
368375 read as follows:
369376 Sec. 407A.301. SURCHARGE [MAINTENANCE TAX] FOR DIVISION AND
370377 RESEARCH FUNCTIONS OF DEPARTMENT. (a) Each group shall pay a
371378 self-insurance group surcharge [maintenance tax] under this
372379 section for:
373380 (1) the administration of the division of workers'
374381 compensation of the department;
375382 (2) the prosecution of workers' compensation insurance
376383 fraud in this state;
377384 (3) the research functions of the department under
378385 Chapter 405; and
379386 (4) the administration of the office of injured
380387 employee counsel under Chapter 404.
381388 (b) The surcharge [tax] liability of a group under
382389 Subsections (a)(1) and (2) is based on gross premium for that [the]
383390 group's retention multiplied by the rate assessed insurance
384391 carriers under Sections 403.002 and 403.003, as limited by Section
385392 255.002(a), Insurance Code.
386393 (c) The surcharge [tax] liability of a group under
387394 Subsection (a)(3) is based on gross premium for the group's
388395 retention multiplied by the rate assessed insurance carriers under
389396 Section 405.003, as limited by Section 255.002(a), Insurance Code.
390397 (d) The surcharge [tax] under this section does not apply to
391398 premium collected by the group for excess insurance.
392399 (e) The surcharge [tax] under this section shall be
393400 collected by the comptroller as provided by Section 201.051 and
394401 Chapter 255, Insurance Code.
395402 SECTION 29. Section 407A.302, Labor Code, is amended to
396403 read as follows:
397404 Sec. 407A.302. SURCHARGE [MAINTENANCE TAX] FOR DEPARTMENT.
398405 (a) Subject to Subsection (b), each group shall pay the surcharge
399406 [maintenance tax] imposed under Chapter 255, Insurance Code, for
400407 the administrative costs incurred by the department in implementing
401408 this chapter.
402409 (b) The surcharge owed by [tax liability of] a group under
403410 this section is based on gross premium for the group's retention and
404411 does not include premium collected by the group for excess
405412 insurance.
406413 (c) The surcharge owed [maintenance tax assessed] under
407414 this section is subject to Chapter 255, Insurance Code, and shall be
408415 collected by the comptroller in the manner provided by that
409416 chapter.
410417 SECTION 30. Section 407A.303, Labor Code, is amended to
411418 read as follows:
412419 Sec. 407A.303. COLLECTION AND PAYMENT OF SURCHARGES
413420 [TAXES]. (a) The group shall remit the surcharges [taxes] for
414421 deposit in the Texas Department of Insurance operating account to
415422 the credit of the division.
416423 (b) A group commits an administrative violation if the group
417424 does not pay the surcharges [taxes] imposed under Sections 407A.301
418425 and 407A.302 in a timely manner.
419426 (c) If the certificate of approval of a group is terminated,
420427 the commissioner or the commissioner of insurance shall immediately
421428 notify the comptroller to collect surcharges [taxes] as directed
422429 under Sections 407A.301 and 407A.302.
423430 SECTION 31. The changes in law made by this Act relating to
424431 surcharges on gross workers' compensation premiums or certified
425432 self-insurers' liabilities and expenses apply only to the gross
426433 annual premiums reported or liabilities and expenses incurred for
427434 an annual period beginning on or after the effective date of this
428435 Act. Maintenance taxes imposed on gross annual workers'
429436 compensation premiums or liabilities and expenses before the
430437 effective date of this Act are governed by the law as it existed
431438 before the effective date of this Act, and the former law is
432439 continued in effect for that purpose.
433440 SECTION 32. This Act takes effect January 1, 2026.
441+ * * * * *