reglab/housing_qa huggingface dataset:
TX Lab Code § 407A.302 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter G. Taxes, Fees, and Assessments|Section 407A.302. Maintenance Tax for Department

Sec. 407A.302.  MAINTENANCE TAX FOR DEPARTMENT.  (a)  Subject to Subsection (b), each group shall pay the maintenance tax imposed under Chapter 255, Insurance Code, for the administrative costs incurred by the department in implementing this chapter.(b)  The tax liability of a group under this section is based on gross premium for the group's retention and does not include premium collected by the group for excess insurance.(c)  The maintenance tax assessed under this section is subject to Chapter 255, Insurance Code, and shall be collected by the comptroller in the manner provided by that chapter.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.139, eff. September 1, 2005.|
TX Lab Code § 407A.303 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter G. Taxes, Fees, and Assessments|Section 407A.303. Collection and Payment of Taxes

Sec. 407A.303.  COLLECTION AND PAYMENT OF TAXES.  (a)  The group shall remit the taxes for deposit in the Texas Department of Insurance operating account to the credit of the division.(b)  A group commits an administrative violation if the group does not pay the taxes imposed under Sections 407A.301 and 407A.302 in a timely manner. (c)  If the certificate of approval of a group is terminated, the commissioner or the commissioner of insurance shall immediately notify the comptroller to collect taxes as directed under Sections 407A.301 and 407A.302.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.075, eff. September 1, 2005.|
TX Lab Code § 407A.304 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter G. Taxes, Fees, and Assessments|Section 407A.304. Premium Tax

Sec. 407A.304.  PREMIUM TAX.  (a)  Each group shall pay to the comptroller a premium tax on gross premiums for the group's retention.  The premium tax assessed under this subsection does not apply to premium collected for excess insurance.(b)  The rate for the premium tax under this section is the rate assessed under Chapter 221, Insurance Code.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.140, eff. September 1, 2005.|
TX Lab Code § 407A.351 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter H. Rates; Refunds; Premium Payments; Reserves; Deficits|Section 407A.351. Rates

Sec. 407A.351.  RATES.(a)  Except as provided by Subsection (b), each group shall use the uniform classification system and experience rating plan of the department.(b)  A group may file rates with the department, including any reasonable and supporting information required by the commissioner.(c)  As approved by the commissioner, a group may use rating debits or credits and optional rating plans.(d)  Rates of the group may not be excessive, inadequate, or unfairly discriminatory.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 558 (S.B. 1336), Sec. 5, eff. September 1, 2019.|
TX Lab Code § 407A.352 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter H. Rates; Refunds; Premium Payments; Reserves; Deficits|Section 407A.352. Audits

Sec. 407A.352.  AUDITS.  Each member of a group shall be audited annually by the administrator or by an auditor acceptable to the commissioner to verify proper classifications, experience rating, payroll, and rates.  The group shall maintain a record of the audit as part of the group's records that are available to the commissioner during an examination conducted under Section 407A.252.  The audit shall be performed at the expense of the group.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.353 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter H. Rates; Refunds; Premium Payments; Reserves; Deficits|Section 407A.353. Refunds

Sec. 407A.353.  REFUNDS.  (a)  The board of trustees may declare refundable any money for a fund year in excess of the amount necessary to fund all obligations.(b)  The board of trustees shall give each member a written description of the group's refund plan at the time of application for membership.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.354 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter H. Rates; Refunds; Premium Payments; Reserves; Deficits|Section 407A.354. Premium Payment Plan; Reserves

Sec. 407A.354.  PREMIUM PAYMENT PLAN;  RESERVES.  (a)  Until the assets of a group reach a level sufficient to cover the group's liabilities, each group shall establish to the satisfaction of the commissioner a premium payment plan.(b)  As long as the assets of the group remain sufficient to cover the group's liabilities, the group may determine its own premium plan if the premium plan is disclosed to each member at the time of application and is filed with the commissioner.(c)  Each group shall establish and maintain actuarially appropriate loss reserves, which must include reserves for:(1)  known claims and expenses associated with those claims;  and(2)  claims incurred but not reported and expenses associated with those claims.(d)  Each group shall establish and maintain bad debt reserves based on the historical experience of the group or of other groups composed of similar employer members.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.355 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter H. Rates; Refunds; Premium Payments; Reserves; Deficits|Section 407A.355. Deficits; Insolvencies

Sec. 407A.355.  DEFICITS;  INSOLVENCIES.  (a)  For purposes of this section, "insolvent" means:(1)  the inability of a group to pay the group's outstanding lawful obligations as they mature in the regular course of business;  or(2)  that the group's liabilities exceed the group's assets, determined without reducing liabilities by any reserve discount.(b)  If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required under this chapter, the group shall make up the deficiency or levy an assessment on its members for the amount needed to make up the deficiency.(c)  In the event of a deficiency in any fund year, the deficiency shall be made up immediately from:(1)  surplus from a fund year other than the current fund year;(2)  administrative funds;(3)  assessments of the membership, if ordered by the group;  or(4)  any alternate method that the commissioner approves or directs.(d)  The commissioner shall be notified before any transfer of surplus funds from one fund year to another under Subsection (c).(e)  If the group fails to assess its members or to otherwise make up a deficit, the commissioner shall order the group to do so.  If the commissioner determines that the group is in a hazardous financial condition, the commissioner may take action as provided by Article 21.28-A, Insurance Code, and may order the group to rectify the condition through an alternate method under Subsection (c)(4).  The group is considered an insurer only for purposes of Article 21.28-A, Insurance Code.  Otherwise, to the extent of a conflict between this chapter and that article, this chapter prevails.(f)  If the group fails to make the required assessment of its members after the commissioner's order under Subsection (e), or if the deficiency is not fully made up, the group shall be deemed to be insolvent.(g)  If a group is liquidated, the commissioner shall secure release of the security deposit and levy an assessment on the members of the group in an amount determined necessary by the commissioner to discharge all liabilities of the group, including the reasonable cost of liquidation.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.401 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter I. Disciplinary Actions; Penalties|Section 407A.401. Prohibited Solicitation

Sec. 407A.401.  PROHIBITED SOLICITATION.  In connection with the solicitation of membership in a group, a person may not make an untrue statement of a material fact, or omit to state a material fact necessary to make the statement made, in light of the circumstances under which it is made, not misleading.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.402 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter I. Disciplinary Actions; Penalties|Section 407A.402. Fines

Sec. 407A.402.  FINES.  After notice and an opportunity for a hearing, the commissioner may impose a fine on any person or group found to be in violation of this chapter or a rule adopted under this chapter.  A fine assessed under this section may not exceed $1,000 for each act or violation and may not exceed $10,000 in the aggregate.  The amount of any fine assessed under this section shall be paid to the commissioner and deposited in the state treasury.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.403 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter I. Disciplinary Actions; Penalties|Section 407A.403. Cease and Desist Orders

Sec. 407A.403.  CEASE AND DESIST ORDERS.  (a)  After notice and an opportunity for a hearing, the commissioner may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be in violation of this chapter or a rule adopted under this chapter.(b)  On a finding, after notice and opportunity for a hearing, that a person or group has violated a cease and desist order issued under this section, the commissioner may:(1)  impose a fine not to exceed $1,000 for each violation of the order, not to exceed an aggregate fine of $100,000;(2)  revoke the group's certificate of approval or any license held by the person issued under the Insurance Code;  or(3)  impose the fine and revoke the certificate or license.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.404 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter I. Disciplinary Actions; Penalties|Section 407A.404. Revocation of Certificate of Approval

Sec. 407A.404.  REVOCATION OF CERTIFICATE OF APPROVAL.  (a)  After notice and an opportunity for a hearing, the commissioner may revoke a group's certificate of approval if the group:(1)  is found to be insolvent;(2)  fails to pay a tax, assessment, or special fund contribution imposed on the group;  or(3)  fails to comply in a timely manner with this chapter, a rule adopted under this chapter, or an order of the commissioner.(b)  In addition, the commissioner may revoke a group's certificate of approval if, after notice and an opportunity for hearing, the commissioner determines that:(1)  a certificate of approval issued to the group was obtained by fraud;(2)  there was a material misrepresentation in the application for the certificate of approval;  or(3)  the group or its administrator has misappropriated, converted, illegally withheld, or refused to pay on proper demand any money that belongs to a member, an employee of a member, or a person otherwise entitled to the money and that has been entrusted to the group or its administrator in their fiduciary capacities.|Added by Acts 2003, 78th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2003.|
TX Lab Code § 407A.451 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.451. Definitions

Sec. 407A.451.  DEFINITIONS.  In this subchapter:(1)  "Board" means the board of directors of the guaranty fund.(2)  "Guaranty fund" means the Texas self-insurance group guaranty fund.(3)  "Trust fund" means the trust fund established under Section 407A.457.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.452 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.452. Guaranty Fund

Sec. 407A.452.  GUARANTY FUND.  (a)  The Texas self-insurance group guaranty fund is a nonprofit association established to provide for the payment of workers' compensation insurance benefits for injured employees covered by a group declared insolvent under Section 407A.355.(b)  Each group that desires to be certified under this chapter must participate as a member of the guaranty fund.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.453 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.453. Board of Directors

Sec. 407A.453.  BOARD OF DIRECTORS.  (a)  The guaranty fund is managed by a board of directors.(b)  The board is composed of the following voting members:(1)  three members elected as provided by Subsection (c), each of whom represents a different group certified under this chapter;(2)  one member to represent wage earners designated by the commission;(3)  one member designated by the commissioner; and(4)  the public counsel of the office of public insurance counsel.(c)  Representatives of each group certified under this chapter may participate equally in the election of the three members of the board elected under Subsection (b)(1).  A person elected under Subsection (b)(1) must be approved by the commissioner before the person may serve on the board.(d)  Notwithstanding Subsection (c), the commissioner shall appoint the initial board members representing groups.  A person appointed as an initial board member under this subsection is eligible to serve additional terms on election by the members of the guaranty fund.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.454 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.454. Immunity

Sec. 407A.454.  IMMUNITY.  A board member or a member of the staff of the board is not liable in a civil action for an act performed in good faith in the execution of that person's powers or duties.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.455 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.455. Board General Powers and Duties

Sec. 407A.455.  BOARD GENERAL POWERS AND DUTIES.  (a)  The board shall:(1)  create and maintain a trust fund for payment of the workers' compensation liabilities of an insolvent group;(2)  hire staff as necessary;(3)  provide recommendations to the commissioner regarding rules or guidelines applicable to groups;(4)  receive reports from the department on the financial condition of groups, including examination and audit reports;(5)  engage consulting experts as necessary to review information provided by or filed with the department to ensure financial solvency of groups under this chapter;(6)  provide advisory recommendations to the commissioner as necessary regarding an applicant's compliance with Subchapter B relating to application requirements for certification; and(7)  take action, in response to a finding by the commissioner that a group is insolvent, to use the trust fund's resources to ensure the payment of the group's valid workers' compensation claims and related administrative expenses.(b)  The board shall control all amounts in the trust fund, including investment of those amounts.(c)  The guaranty fund may not disclose confidential information received from the department in a financial report under Subsection (a)(4), including an examination or audit report.  Information received from the department remains confidential and not subject to disclosure under Chapter 552, Government Code.(d)  The board may make recommendations under Subsection (a)(6) outside of regular board meetings.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.456 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.456. Plan of Operation

Sec. 407A.456.  PLAN OF OPERATION.  (a)  The board shall adopt a plan of operation governing the board's activities and the operation of the guaranty fund and the trust fund.(b)  The plan of operation adopted by the board is subject to approval by the commissioner.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.457 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.457. Trust Fund; Schedule

Sec. 407A.457.  TRUST FUND; SCHEDULE.  (a)  Each group shall contribute an amount, based on the total amount of income benefit payments made in this state for the preceding reported calendar year, to create, over a period of 10 years beginning January 1, 2006, a trust fund of at least $1 million for:(1)  the emergency payment of the compensation liabilities of an insolvent group; and(2)  the administrative expenses of the guaranty fund.(b)  The board may adopt provisions in the plan of operation that provide for the indexing of the amount of the trust fund to a risk analysis.(c)  At least annually, the board shall adopt a year-by-year schedule of assessments to meet the funding goal of the trust fund.(d)  The board may:(1)  defer assessments if the fund equals or exceeds $2 million; and(2)  allow the trust fund to accrete based on its investment earnings.(e)  The contribution required for the first year after a group is issued a certificate of approval under this chapter shall be based on the group's estimated income benefit payments for the group's first year of operation.(f)  Each group certified under this chapter shall make contributions under this section to the trust fund, and the board shall provide a mechanism in the plan of operation to ensure that all groups contribute equitably to the trust fund.(g)  The board shall administer the trust fund in accordance with the plan of operation adopted by the board and approved by the commissioner.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.458 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.458. Effect of Insolvency of Group

Sec. 407A.458.  EFFECT OF INSOLVENCY OF GROUP.  (a)  On determining that a group has become insolvent, the commissioner shall secure release of the surety bond or security deposit required under Section 407A.053 and shall promptly estimate:(1)  the amount of additional funds needed to supplement the bond or security deposit; and(2)  the assets of the insolvent group available to pay  all incurred compensation liabilities.(b)  If the bond or security deposit and the available assets of the insolvent group are insufficient to cover all of the group's incurred compensation liabilities, the commissioner shall direct the insolvent group to immediately assess its members to cover all incurred liabilities under a schedule approved by the commissioner.(c)  If the assessments under Subsection (b) will be insufficient to cover the incurred liabilities, the commissioner shall estimate the additional funds necessary to cover the incurred liabilities for benefit compensation and related administration expenses for the insolvent group.  On receipt of the commissioner's estimate, the board shall provide from the trust fund the additional funds needed for benefit compensation and related administrative expenses for the insolvent group.(d)  Disbursements from the trust fund under Subsection (c) shall be replenished:(1)  if within the 10-year funding period of the trust fund, by adjusting the next year's schedule of assessments from groups; or(2)  if beyond the initial 10-year funding period, by assessment of all groups.(e)  If, after application of Subsections (b)-(d), the amount available in the trust fund is still insufficient, the board shall assess all groups for the remaining deficiency.(f)  The commissioner may exempt a group from assessment under this section on a determination that the payment of the assessment would render the group insolvent.(g)  The commissioner may, on a finding of insolvency, commence a delinquency proceeding for the purpose of liquidating, rehabilitating, reorganizing, or conserving a group.  Such a group shall be considered an insurer for purposes of Article 21.28, Insurance Code, and an insurance company for purposes of 11 U.S.C. Section 109.  The conservator, receiver, or other statutory successor of a group shall coordinate with the board in the furtherance of the purposes of this subchapter.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|