reglab/housing_qa huggingface dataset:
TX Lab Code § 407.001 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter A. General Provisions|Section 407.001. Definitions

Sec. 407.001.  DEFINITIONS.  In this chapter:(1)  "Association" means the Texas Certified Self-Insurer Guaranty Association.(2)  Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(17), eff. September 1, 2005.(3)  "Impaired employer" means a certified self-insurer:(A)  who has suspended payment of compensation as determined by the division;(B)  who has filed for relief under bankruptcy laws;(C)  against whom bankruptcy proceedings have been filed; or(D)  for whom a receiver has been appointed by a court of this state.(4)  "Incurred liabilities for compensation" means the amount equal to the sum of:(A)  the estimated amount of the liabilities for outstanding workers' compensation claims, including claims incurred but not yet reported;  and(B)  the estimated amount necessary to provide for the administration of those claims, including legal costs.(5)  "Qualified claims servicing contractor" means a person who provides claims service for a certified self-insurer, who is a separate business entity from the affected certified self-insurer, and who holds a certificate of authority under Chapter 4151.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.042, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 7.01(17), eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.137, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), Sec. 3.02, eff. September 1, 2007.|
TX Lab Code § 407.023 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter B. Division of Self-Insurance Regulation|Section 407.023. Exclusive Powers and Duties of Commissioner

Sec. 407.023.  EXCLUSIVE POWERS AND DUTIES OF COMMISSIONER.  The commissioner shall:(1)  approve or deny the issuance or revocation of a certificate of authority to self-insure; and(2)  certify that a certified self-insurer has suspended payment of compensation or has otherwise become an impaired employer.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.0421, eff. September 1, 2005.|
TX Lab Code § 407.024 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter B. Division of Self-Insurance Regulation|Section 407.024. Claim or Suit

Sec. 407.024.  CLAIM OR SUIT.  (a)  A claim or suit brought by a claimant or a certified self-insurer shall be styled "in re:  [name of employee] and [name of certified self-insurer]."(b)  The commissioner is the agent for service of process for a claim or suit brought by a workers' compensation claimant against the qualified claims servicing contractor of a certified self-insurer.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.0422, eff. September 1, 2005.|
TX Lab Code § 407.041 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter C. Certificate of Authority to Self-Insure|Section 407.041. Application

Sec. 407.041.  APPLICATION.  (a)  An employer who desires to self-insure under this chapter must submit an application to the division for a certificate of authority to self-insure.(b)  The application must be:(1)  submitted on a form adopted by the commissioner; and(2)  accompanied by a nonrefundable $1,000 application fee.(c)  Not later than the 60th day after the date on which the application is received, the commissioner shall approve or deny the application.(d)  During the pendency of the approval or denial of the application, the applicant may not operate as a self-insurer under this chapter.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.043, eff. September 1, 2005.|
TX Lab Code § 407.042 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter C. Certificate of Authority to Self-Insure|Section 407.042. Issuance of Certificate

Sec. 407.042.  ISSUANCE OF CERTIFICATE.  With the approval of the Texas Certified Self-Insurer Guaranty Association, the commissioner shall issue a certificate of authority to self-insure to an applicant who meets the certification requirements under this chapter and pays the required fee.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.044, eff. September 1, 2005.|
TX Lab Code § 407.043 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter C. Certificate of Authority to Self-Insure|Section 407.043. Procedures on Denial of Application

Sec. 407.043.  PROCEDURES ON DENIAL OF APPLICATION.  (a)  If the commissioner determines that an applicant for a certificate of authority to self-insure does not meet the certification requirements, the division shall notify the applicant in writing of the commissioner's determination, stating the specific reasons for the denial and the conditions to be met before approval may be granted.(b)  The applicant is entitled to a reasonable period, as determined by the commissioner, to meet the conditions for approval before the application is considered rejected for purposes of appeal.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.045, eff. September 1, 2005.|
TX Lab Code § 407.044 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter C. Certificate of Authority to Self-Insure|Section 407.044. Term of Certificate of Authority; Renewal

Sec. 407.044.  TERM OF CERTIFICATE OF AUTHORITY; RENEWAL.  (a)  A certificate of authority to self-insure is valid for one year after the date of issuance and may be renewed under procedures prescribed by the commissioner.(b)  The commissioner may stagger the renewal dates of certificates of authority to self-insure to facilitate the work load of the division.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.046, eff. September 1, 2005.|
TX Lab Code § 407.045 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter C. Certificate of Authority to Self-Insure|Section 407.045. Withdrawal From Self-Insurance

Sec. 407.045.  WITHDRAWAL FROM SELF-INSURANCE.  (a)  A certified self-insurer may withdraw from self-insurance at any time with the approval of the commissioner.  The commissioner shall approve the withdrawal if the certified self-insurer shows to the satisfaction of the commissioner that the certified self-insurer has established an adequate program to pay all incurred losses, including unreported losses, that arise out of accidents or occupational diseases first distinctly manifested during the period of operation as a certified self-insurer.(a-1)  For purposes of Subsection (a), an adequate program includes a program in which the certified self-insurer has insured or reinsured all workers' compensation obligations incurred by the self-insurer with an authorized insurer under an agreement that is filed with and approved in writing by the commissioner. The obligations incurred include:(1)  all known claims and expenses associated with those claims; and(2)  all incurred but not reported claims and expenses associated with those claims.(b)  A certified self-insurer who withdraws from self-insurance shall surrender to the division the certificate of authority to self-insure.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.047, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 1054 (H.B. 1989), Sec. 1, eff. September 1, 2017.|
TX Lab Code § 407.046 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter C. Certificate of Authority to Self-Insure|Section 407.046. Revocation of Certificate of Authority

Sec. 407.046.  REVOCATION OF CERTIFICATE OF AUTHORITY.  (a)  The commissioner may revoke the certificate of authority to self-insure of a certified self-insurer who fails to comply with requirements or conditions established by this chapter or a rule adopted by the commissioner under this chapter.(b)  If the commissioner believes that a ground exists to revoke a certificate of authority to self-insure, the commissioner shall refer the matter to the State Office of Administrative Hearings.  That office shall hold a hearing to determine if the certificate should be revoked.  The hearing shall be conducted in the manner provided for a contested case hearing under Chapter 2001, Government Code.(c)  The State Office of Administrative Hearings shall notify the certified self-insurer of the hearing and the grounds not later than the 30th day before the scheduled hearing date.(d)  If the certified self-insurer fails to show cause why the certificate should not be revoked, the commissioner immediately shall revoke the certificate.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 980, Sec. 1.21, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.048, eff. September 1, 2005.|
TX Lab Code § 407.047 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter C. Certificate of Authority to Self-Insure|Section 407.047. Effect of Revocation

Sec. 407.047.  EFFECT OF REVOCATION.  (a)  A certified self-insurer whose certificate of authority to self-insure is revoked is not relieved of the obligation for compensation to an employee for an accidental injury or occupational disease that occurred during the period of self-insurance.(b)  The security required under Sections 407.064 and 407.065 shall be maintained with the division or under the division's control until each claim for workers' compensation benefits is paid, is settled, or lapses under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.049, eff. September 1, 2005.|
TX Lab Code § 407.061 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.061. General Requirements

Sec. 407.061.  GENERAL REQUIREMENTS.  (a)  To be eligible for a certificate of authority to self-insure, an applicant for an initial or renewal certificate must present evidence satisfactory to the commissioner and the association of sufficient financial strength and liquidity, under standards adopted by the commissioner, to ensure that all workers' compensation obligations incurred by the applicant under this chapter are met promptly.(b)  The applicant must:(1)  be a business entity, or one of the consolidated subsidiaries of the entity, that is required to register under the Securities Act of 1933 (15 U.S.C. Section 77a et seq.) and furnish financial information prepared in accordance with the requirements for those business entities;  or(2)  annually furnish audited financial statements comparable in form and manner of preparation to those filed by a business entity required to register under the Securities Act of 1933 (15 U.S.C. Section 77a et seq.).(c)  The applicant must present a plan for claims administration that:(1)  is acceptable to the commissioner;(2)  designates a qualified claims servicing contractor; and(3)  complies with Chapter 4151, Insurance Code.(d)  The applicant must demonstrate the existence of an effective safety program for each location in the state at which it conducts business.(e)  The applicant must provide to the commissioner a copy of each contract entered into with a person that provides claims services, underwriting services, or accident prevention services if the provider of those services is not an employee of the applicant.  The contract must be acceptable to the commissioner and must be submitted in a standard form adopted by the commissioner, if the commissioner adopts such a form.(f)  The commissioner shall adopt rules for the requirements for the financial statements required by Subsection (b)(2).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.050, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), Sec. 3.03, eff. September 1, 2007.|
TX Lab Code § 407.062 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.062. Financial Strength and Liquidity Requirements

Sec. 407.062.  FINANCIAL STRENGTH AND LIQUIDITY REQUIREMENTS.  In assessing the financial strength and liquidity of an applicant, the commissioner shall consider:(1)  the applicant's organizational structure and management background;(2)  the applicant's profit and loss history;(3)  the applicant's compensation loss history;(4)  the source and reliability of the financial information submitted by the applicant;(5)  the number of employees affected by self-insurance;(6)  the applicant's access to excess insurance markets;(7)  financial ratios, indexes, or other financial measures that the commissioner finds appropriate; and(8)  any other information considered appropriate by the commissioner.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.051, eff. September 1, 2005.|
TX Lab Code § 407.063 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.063. Premium Requirements

Sec. 407.063.  PREMIUM REQUIREMENTS.  (a)  In addition to meeting the other certification requirements imposed under this chapter, an applicant for an initial certificate of authority to self-insure must present evidence satisfactory to the commissioner of a total unmodified workers' compensation insurance premium in this state in the calendar year of application of at least $500,000.(b)  Instead of the state premium required under this section, the applicant may present evidence of a total unmodified national workers' compensation insurance premium of at least $10 million.(c)  Expired.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.052, eff. September 1, 2005.|
TX Lab Code § 407.064 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.064. General Security Requirements

Sec. 407.064.  GENERAL SECURITY REQUIREMENTS.  (a)  Each applicant shall provide security for incurred liabilities for compensation through a deposit with the division, in a combination and from institutions approved by the commissioner, of the following security:(1)  cash or negotiable securities of the United States or of this state;(2)  a surety bond that names the commissioner as payee; or(3)  an irrevocable letter of credit that names the commissioner as payee.(b)  If an applicant who has provided a letter of credit as all or part of the security required under this section desires to cancel the existing letter of credit and substitute a different letter of credit or another form of security, the applicant shall notify the division in writing not later than the 60th day before the effective date of the cancellation of the original letter of credit.(c)  An estimate of the applicant's incurred liabilities for compensation must be signed and sworn to by an accredited casualty actuary and submitted with the application.(d)  The sum of the deposited securities must be at least equal to the greater of:(1)  $300,000;  or(2)  125 percent of the applicant's incurred liabilities for compensation.(e)  If an applicant is granted a certificate of authority to self-insure, any interest or other income that accrues from cash or negotiable securities deposited by the applicant as security under this section while the cash or securities are on deposit with the division shall be paid to the applicant quarterly.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.053, eff. September 1, 2005.|
TX Lab Code § 407.065 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.065. Specific Security Requirements

Sec. 407.065.  SPECIFIC SECURITY REQUIREMENTS.  (a)  A security deposit must include within its coverage all amounts covered by terminated surety bonds or terminated excess insurance policies.(b)  A surety bond, irrevocable letter of credit, or document indicating issuance of an irrevocable letter of credit must be in a form approved by the commissioner and must be issued by an institution acceptable to the commissioner.  The instrument may be released only according to its terms but may not be released by the deposit of additional security.(c)  The certified self-insurer shall deposit the security with the comptroller on behalf of the division.  The comptroller may accept securities for deposit or withdrawal only on the written order of the commissioner.(d)  On receipt by the division of a request to renew, submit, or increase or decrease a security deposit, a perfected security interest is created in the certified self-insurer's assets in favor of the commissioner to the extent of any then unsecured portion of the self-insurer's incurred liabilities for compensation.  That perfected security interest transfers to cash or securities deposited by the self-insurer with the division after the date of the request and may be released only on:(1)  the acceptance by the commissioner of a surety bond or irrevocable letter of credit for the full amount of the incurred liabilities for compensation; or(2)  the return of cash or securities by the division.(e)  The certified self-insurer loses all right to, title to, interest in, and control of the assets or obligations submitted or deposited as security.  The commissioner may liquidate the deposit and apply it to the certified self-insurer's incurred liabilities for compensation either directly or through the association.(f)  If the commissioner determines that a security deposit is not immediately available for the payment of compensation, the commissioner shall determine the appropriate method of payment and claims administration, which may include payment by the surety that issued the bond or by the issuer of an irrevocable letter of credit, and administration by a surety, an adjusting agency, the association, or through any combination of those entities approved by the commissioner.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 12.12, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.054, eff. September 1, 2005.|
TX Lab Code § 407.066 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.066. Effect of Dispute

Sec. 407.066.  EFFECT OF DISPUTE.  (a)  The commissioner, after notice to the concerned parties and an opportunity for a hearing, shall resolve a dispute concerning the deposit, renewal, termination, release, or return of all or part of the security, liability arising out of the submission or failure to submit security, or the adequacy of the security or reasonableness of the administrative costs, including legal fees, that arises among:(1)  a surety;(2)  an issuer of an agreement of assumption and guarantee of workers' compensation liabilities;(3)  an issuer of a letter of credit;(4)  a custodian of the security deposit;(5)  a certified self-insurer; or(6)  the association.(b)  A party aggrieved by a decision of the commissioner is entitled to judicial review.  Venue for an appeal is in Travis County.(c)  Payment of claims from the security deposit or by the association may not be stayed pending the resolution of a dispute under this section unless the court issues a determination staying the payment of claims.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.055, eff. September 1, 2005.|
TX Lab Code § 407.067 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.067. Excess Insurance; Reinsurance; Administrative Violation

Sec. 407.067.  EXCESS INSURANCE; REINSURANCE; ADMINISTRATIVE VIOLATION.  (a)  Each applicant shall obtain excess insurance or reinsurance to cover liability for losses not paid by the self-insurer in an amount not less than the amount required by the commissioner.(b)  The commissioner shall require excess insurance or reinsurance in at least the amount of $5 million per occurrence.(c)  A certified self-insurer shall notify the division not later than the 10th day after the date on which the certified self-insurer has notice of the cancellation or termination of excess insurance or reinsurance coverage required under this section.(d)  A person commits an administrative violation if the person violates Subsection (c). |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.056, eff. September 1, 2005.|
TX Lab Code § 407.068 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407 - Self-Insurance Regulation|Subchapter D. Requirements for Certificate of Authority|Section 407.068. Guarantee by Parent Organization

Sec. 407.068.  GUARANTEE BY PARENT ORGANIZATION.  If an applicant for a certificate of authority to self-insure is a subsidiary, the parent organization of the applicant must guarantee the obligations imposed by this chapter.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|