4 | 7 | | |
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5 | 8 | | |
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6 | 9 | | A BILL TO BE ENTITLED |
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7 | 10 | | AN ACT |
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8 | 11 | | relating to discontinuing group self-insurance coverage and |
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9 | 12 | | dissolving the Texas self-insurance group guaranty fund and trust |
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10 | 13 | | fund under the Texas Workers' Compensation Act. |
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11 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 15 | | SECTION 1. Subchapter B, Chapter 407A, Labor Code, is |
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13 | 16 | | amended by adding Section 407A.0521 to read as follows: |
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14 | 17 | | Sec. 407A.0521. NEW CERTIFICATES OF APPROVAL PROHIBITED. |
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15 | 18 | | (a) Notwithstanding Section 407A.052, the commissioner may not |
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16 | 19 | | issue a certificate of approval to a proposed group on or after |
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17 | 20 | | September 1, 2025. |
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18 | 21 | | (b) The commissioner may amend a certificate of approval |
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19 | 22 | | issued to a group before September 1, 2025. |
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20 | 23 | | SECTION 2. Subchapter J, Chapter 407A, Labor Code, is |
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21 | 24 | | amended by adding Section 407A.4561 to read as follows: |
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22 | 25 | | Sec. 407A.4561. REVISED PLAN OF OPERATION: WIND DOWN. (a) |
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23 | 26 | | In this section, "qualified group" means a group that: |
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24 | 27 | | (1) holds a current certificate of approval under this |
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25 | 28 | | chapter; and |
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26 | 29 | | (2) has not been determined by the commissioner to be |
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27 | 30 | | insolvent under Section 407A.355. |
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28 | 31 | | (b) The board shall submit to the commissioner for approval |
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29 | 32 | | a revised plan of operation to wind down and dissolve the guaranty |
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30 | 33 | | fund and trust fund. The plan must include: |
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31 | 34 | | (1) steps for: |
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32 | 35 | | (A) distributing any remaining money in the |
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33 | 36 | | guaranty fund and trust fund to qualified groups; and |
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34 | 37 | | (B) notifying interested parties; and |
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35 | 38 | | (2) an estimated timeline for the wind down. |
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36 | 39 | | (c) The commissioner shall approve the board's revised plan |
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37 | 40 | | of operation if the commissioner determines that the plan |
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38 | 41 | | sufficiently describes the actions the board will take to wind down |
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39 | 42 | | and dissolve the guaranty fund and trust fund. |
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40 | 43 | | (d) The board shall: |
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41 | 44 | | (1) implement the revised plan of operation approved |
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42 | 45 | | under Subsection (b); and |
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43 | 46 | | (2) provide written notice to the commissioner of the |
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44 | 47 | | completion of the wind down not later than the 30th day after the |
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45 | 48 | | date of completion. |
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46 | 49 | | (e) Not later than the 30th day after the date the |
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47 | 50 | | commissioner receives the board's notice under Subsection (d), the |
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48 | 51 | | commissioner shall determine whether the guaranty fund has met its |
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49 | 52 | | obligations under the approved revised plan of operation. If the |
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50 | 53 | | commissioner determines that the guaranty fund met the fund's |
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51 | 54 | | obligations, the commissioner shall issue an order requiring the |
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52 | 55 | | distribution of any remaining money in the guaranty fund and trust |
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53 | 56 | | fund to qualified groups. |
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54 | 57 | | (f) On the 30th day after the date the commissioner issues |
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55 | 58 | | the order under Subsection (e): |
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56 | 59 | | (1) the guaranty fund and the trust fund are |
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57 | 60 | | dissolved; and |
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58 | 61 | | (2) the board is abolished. |
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59 | 62 | | SECTION 3. Not later than December 1, 2025, the board of |
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60 | 63 | | directors of the Texas self-insurance group guaranty fund shall |
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61 | 64 | | submit the revised plan of operation to the commissioner of |
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62 | 65 | | insurance required by Section 407A.4561, Labor Code, as added by |
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63 | 66 | | this Act. |
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64 | 67 | | SECTION 4. This Act takes effect September 1, 2025. |
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