reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.010. Penalties

Sec. 2053.010.  PENALTIES.  If a workers' compensation insurance policy is issued and the commissioner subsequently disapproves the rate or filing on which the premium is based, the commissioner, after notice and the opportunity for a hearing, may:
(1)  impose sanctions under Chapter 82;
(2)  issue a cease and desist order under Chapter 83;
(3)  impose administrative penalties under Chapter 84; or
(4)  take any combination of these actions.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.045(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.045(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.011. Exclusive Jurisdiction

Sec. 2053.011.  EXCLUSIVE JURISDICTION.  The department has exclusive jurisdiction over all rates and premiums subject to this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.046(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.046(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. Rate Filings › Section 2053.013. Review of Rates; Consideration of Other Law

Sec. 2053.013.  REVIEW OF RATES; CONSIDERATION OF OTHER LAW.  In reviewing rates under this subchapter, the commissioner shall consider any state or federal legislation that has been enacted and that may impact rates and premiums for workers' compensation insurance coverage in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.047(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.047(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. -1. Underwriting Guidelines › Section 2053.031. Definitions

Sec. 2053.031.  DEFINITIONS.  In this subchapter:
(1)  "Insurance company" has the meaning assigned by Section 2053.001.
(2)  "Underwriting guideline" means a rule, standard, guideline, or practice, whether written, oral, or electronic, that is used by an insurance company or its agent to decide whether to accept or reject an application for coverage under a workers' compensation insurance policy or to determine how to classify those risks that are accepted for the purpose of determining a rate.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.048(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.048(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. -1. Underwriting Guidelines › Section 2053.032. Underwriting Guidelines

Sec. 2053.032.  UNDERWRITING GUIDELINES.  Each underwriting guideline used by an insurance company in writing workers' compensation insurance must be sound, actuarially justified, or otherwise substantially commensurate with the contemplated risk.  An underwriting guideline may not be unfairly discriminatory.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.048(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.048(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. -1. Underwriting Guidelines › Section 2053.033. Enforcement

Sec. 2053.033.  ENFORCEMENT.  This subchapter may be enforced in the manner provided by Section 38.003(g).
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.048(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.048(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. -1. Underwriting Guidelines › Section 2053.034. Filing Requirements

Sec. 2053.034.  FILING REQUIREMENTS.  Each insurance company shall file with the department a copy of the insurance company's underwriting guidelines.  The insurance company shall update its filing each time the underwriting guidelines are changed.  If a group of insurance companies files one set of underwriting guidelines for the group, the group shall identify which underwriting guidelines apply to each insurance company in the group.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.048(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.048(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter A. -1. Underwriting Guidelines › Section 2053.035. Applicability of Section 38

Sec. 2053.035.  APPLICABILITY OF SECTION 38.003.  Section 38.003 applies to this subchapter to the extent consistent with this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.048(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.048(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter B. Rate Administration › Section 2053.051. Hazard Classification System

Sec. 2053.051.  HAZARD CLASSIFICATION SYSTEM.  (a)  For workers' compensation insurance, the department shall:
(1)  determine hazards by class; and
(2)  revise the classification system as necessary to carry out the purposes of this chapter.
(b)  A stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan authorized to engage in the business of workers' compensation insurance in this state may not use hazard classifications other than the classifications established by the department.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 558 (S.B. 1336), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter B. Rate Administration › Section 2053.052. Experience Rating Plan

Sec. 2053.052.  EXPERIENCE RATING PLAN.  (a)  The commissioner shall adopt a uniform experience rating plan for workers' compensation insurance.  The plan must:
(1)  encourage accident prevention; and
(2)  account for:
(A)  the peculiar hazard and experience of individual risks, past and prospective, inside and outside this state; and
(B)  any other relevant factor.
(b)  The commissioner shall revise the rating plan at least once every five years.
(c)  The commissioner may adopt reasonable rules and plans requiring the interchange of loss experience necessary for the application of the rating plan.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter B. Rate Administration › Section 2053.054. Use of Incurred Claims Experience in Future Ratings Required

Sec. 2053.054.  USE OF INCURRED CLAIMS EXPERIENCE IN FUTURE RATINGS REQUIRED.  (a)  Regardless of a change in a policyholder's ownership, control, management, or operations, incurred claims experience must be used in future ratings to ensure that an employer does not evade an unfavorable or high-cost experience.
(b)  On application by an affected party, the department may modify a rating under Subsection (a) on proof that a change in a policyholder's management or operations is clearly designed to result in a probable reduction of the insured's loss experience.
(c)  The commissioner shall adopt rules necessary to implement this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter B. Rate Administration › Section 2053.055. Rate Adjustment

Sec. 2053.055.  RATE ADJUSTMENT.  If the commissioner determines that an insurance company's rates do not meet with the standards imposed by Section 2053.002, the commissioner may order the insurance company to adjust the rates to meet those standards.  An insurance company may appeal an order under this section in accordance with Subchapter D, Chapter 36.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter B. Rate Administration › Section 2053.056. Rate Hearings

Sec. 2053.056.  RATE HEARINGS.  (a)  The commissioner may conduct a public hearing each biennium to review rates to be charged for workers' compensation insurance written in this state.  A public hearing under this section is not a contested case as defined by Section 2001.003, Government Code.
(b)  Not later than the 30th day before the date of a public hearing conducted under Subsection (a), each insurance company subject to this subtitle shall file the insurance company's rates, supporting information, and supplementary rating information with the commissioner.
(c)  The commissioner shall review the information submitted under Subsection (b) to determine the positive or negative impact of the enactment of workers' compensation reform legislation enacted by the 79th Legislature, Regular Session, 2005, on workers' compensation rates and premiums.  The commissioner may consider other factors in determining whether a change in rates has impacted the premium charged to policyholders.
(d)  The commissioner shall implement rules as necessary to mandate rate reductions or to modify the use of individual risk variations if the commissioner determines that the rates or premiums charged by insurance companies do not meet the rating standards as defined in this code.
(e)  The commissioner shall adopt rules as necessary to mandate rate or premium reductions by insurance companies for the use of cost-containment strategies that result in savings to the workers' compensation system, including use of a workers' compensation health care network health care delivery system, as described by Chapter 1305.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.049(a), eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.049(a), eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 42 (S.B. 784), Sec. 1.01, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 558 (S.B. 1336), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter C. Statistical Plans; Agent › Section 2053.101. Statistical Plans for Reporting Loss Experience and Other Data

Sec. 2053.101.  STATISTICAL PLANS FOR REPORTING LOSS EXPERIENCE AND OTHER DATA.  The commissioner shall develop and may periodically modify reasonable statistical plans for workers' compensation insurance to be used by each insurance company in recording and reporting the insurance company's loss experience and other data required by the department, so that the total loss and expense experience of all insurance companies is made available at least annually in the form and detail necessary to assist in determining whether an insurance company's rates meet the standards imposed under Section 2053.002.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter C. Statistical Plans; Agent › Section 2053.102. Treatment of Payments Under Statistical Plan

Sec. 2053.102.  TREATMENT OF PAYMENTS UNDER STATISTICAL PLAN.  A statistical plan developed under Section 2053.101 must require the following payments to be reported separately and not to be considered as a loss or expense for purposes of computing a premium rate modifier or surcharge of an insured:
(1)  a direct payment made by an insurance company to influence public policy; and
(2)  any amount paid by an insurance company:
(A)  as damages in an action against the insurance company for malice or bad faith; or
(B)  as a fine or penalty.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter C. Statistical Plans; Agent › Section 2053.103. Statistical Agent

Sec. 2053.103.  STATISTICAL AGENT.  (a)  The commissioner may designate or contract with a qualified organization to serve as the statistical agent for the commissioner under this subchapter as provided by Subchapter E, Chapter 38.
(b)  The statistical agent may provide to one or more advisory organizations any information provided by the agent to the commissioner under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter D. Reporting Requirements and Exchange of Information › Section 2053.151. Workers' Compensation Claims Reports and Information

Sec. 2053.151.  WORKERS' COMPENSATION CLAIMS REPORTS AND INFORMATION.
(a)  The commissioner by rule shall prescribe the information that must be reported on each workers' compensation claim.
(b)  For purposes of Subsection (a), the commissioner shall establish standards and procedures for categorizing insurance and medical benefits required to be reported on each workers' compensation claim to ensure that the data collection methodology will yield data necessary for research and medical cost containment efforts.
(c)  The commissioner by rule shall establish reporting requirements for insurance companies regarding workers' compensation claims.  The commissioner may reduce or eliminate reporting requirements for insurance companies whose workers' compensation insurance business falls below a specific minimum premium volume established by the commissioner by rule.
(d)  A person may not distribute or otherwise disclose a social security number or any other information collected under Subsection (a) that would disclose the identity of a claimant.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 65 (S.B. 471), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter D. Reporting Requirements and Exchange of Information › Section 2053.152. Update and Transmission of Claims Reports

Sec. 2053.152.  UPDATE AND TRANSMISSION OF CLAIMS REPORTS.  (a)  An insurance company, in accordance with the filing requirements of a statistical plan developed under Section 2053.101, shall update and transmit to the commissioner or the commissioner's statistical agent a claims report filed under Section 2053.151.
(b)  Each insurance company that writes at least one-half of one percent of the workers' compensation insurance in this state shall report the company's data in a compatible electronic format prescribed by the commissioner.  The commissioner shall take necessary measures to ensure the accuracy of the data and the adequacy of the electronic format for the data.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter D. Reporting Requirements and Exchange of Information › Section 2053.153. Exchange of Information and Consultation With Others

Sec. 2053.153.  EXCHANGE OF INFORMATION AND CONSULTATION WITH OTHERS.  To further the uniform administration of rating laws relating  to workers' compensation insurance, the commissioner and each insurance company may:
(1)  exchange information and experience data with the National Association of Insurance Commissioners and with insurance supervisory officials, insurance companies, and advisory organizations in other states; and
(2)  consult and cooperate with a person or entity described by Subdivision (1) with respect to ratemaking and the application of rating systems.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter D. Reporting Requirements and Exchange of Information › Section 2053.154. Loss Statement and Payroll Report

Sec. 2053.154.  LOSS STATEMENT AND PAYROLL REPORT.  (a)  For purposes of this section, "insurance company" means a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan authorized to engage in the business of workers' compensation insurance in this state.  The term includes the Texas Mutual Insurance Company.
(b)  The department may require an insurance company to submit a sworn statement or report showing:
(1)  the payroll reported to the insurance company;
(2)  incurred losses by classification; and
(3)  other information the department determines may be necessary to implement the department's duties.
(c)  The department shall prescribe the necessary forms for a statement or report required by Subsection (b) with consideration of the methods and forms used for similar purposes in other states so that uniformity of statistics will not be affected.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter E. Optional Deductible Plans › Section 2053.201. Definition

Sec. 2053.201.  DEFINITION.  In this subchapter, "insurance company" means a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan authorized to engage in the business of workers' compensation insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter E. Optional Deductible Plans › Section 2053.202. Establishment of Optional Deductible Plans

Sec. 2053.202.  ESTABLISHMENT OF OPTIONAL DEDUCTIBLE PLANS.  (a)  The department shall require each insurance company writing workers' compensation insurance in this state to offer at least three optional deductible plans adopted under this section that allow a policyholder to self-insure for the amount of the deductible.
(b)  The commissioner by rule shall allow an employer to enter into an agreement with an insurer for a negotiated deductible that exceeds the highest deductible available under a plan described by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter E. Optional Deductible Plans › Section 2053.203. Payment of Claims; Reimbursement

Sec. 2053.203.  PAYMENT OF CLAIMS; REIMBURSEMENT.  (a)  An insurance company issuing a deductible policy under this subchapter shall service all claims that arise during the policy period, including those claims payable, wholly or partly, from the deductible amount.
(b)  A deductible policy must provide that:
(1)  the insurance company issuing the policy shall pay all benefits that are payable from the deductible amount; and
(2)  the policyholder shall make reimbursements periodically, rather than at the time claim costs are incurred.
(c)  The commissioner shall adopt rules to provide for adequate security for reimbursement of the amount paid by an insurance company that is payable from the deductible amount.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter E. Optional Deductible Plans › Section 2053.204. Rate Reduction

Sec. 2053.204.  RATE REDUCTION.  (a)  The department shall perform an actuarial analysis to determine the amount of rate reduction applicable to a deductible policy under this subchapter as compared to a standard workers' compensation insurance policy without a deductible.
(b)  In years subsequent to the year in which the actuarial analysis described by Subsection (a) is performed, the department shall determine the amount of rate reduction according to rating procedures adopted by the commissioner.
(c)  When establishing procedures for the computation of experience modifiers, the commissioner may allow the exclusion of any claim amount paid under a deductible by an employer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter E. Optional Deductible Plans › Section 2053.205. Prohibited Conduct

Sec. 2053.205.  PROHIBITED CONDUCT.  A person who is employed by a policyholder who self-insures the deductible amount as provided by this subchapter may not be required to pay any portion of the deductible amount or be harassed, discharged, or otherwise discriminated against because the person, in good faith:
(1)  is considering initiating or has initiated a workers' compensation claim;
(2)  has retained a representative to represent the person regarding a claim;
(3)  has testified or will testify at an administrative or judicial proceeding under Subtitle A, Title 5, Labor Code;
(4)  has reported a hazardous working condition or hazardous practice to the Texas Workers' Compensation Commission; or
(5)  has taken or is considering taking any other action that may result in a requirement that the policyholder pay a deductible amount through a self-insurance plan.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter E. Optional Deductible Plans › Section 2053.206. Violation of Subchapter

Sec. 2053.206.  VIOLATION OF SUBCHAPTER.  (a)  A person commits an administrative violation under Subtitle A, Title 5, Labor Code, if the person engages in conduct that violates this subchapter.
(b)  Liability for damages for a violation of this subchapter is determined exclusively under Subtitle A, Title 5, Labor Code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter F. Premium Incentives and Surcharge › Section 2053.251. Definitions

Sec. 2053.251.  DEFINITIONS.  In this subchapter:
(1)  "Insurance company" means a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan authorized to engage in the business of workers' compensation insurance in this state.
(2)  "Premium" means workers' compensation insurance premium.
(3)  "Small employer" means an employer:
(A)  who is not experience-rated by the department for workers' compensation insurance purposes; and
(B)  whose annual premium is less than $5,000.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter F. Premium Incentives and Surcharge › Section 2053.252. Plan for Premium Discount and Surcharge

Sec. 2053.252.  PLAN FOR PREMIUM DISCOUNT AND SURCHARGE.  The commissioner shall adopt a plan under which each insurance company writing workers' compensation insurance in this state shall:
(1)  grant a premium discount to a small employer who qualifies for a discount under this subchapter; and
(2)  assess a surcharge as provided by Section 2053.254.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter F. Premium Incentives and Surcharge › Section 2053.253. Eligibility for Premium Discount

Sec. 2053.253.  ELIGIBILITY FOR PREMIUM DISCOUNT.  (a)  A small employer who has not experienced a compensable employee lost-time injury during the most recent one-year period for which statistics are available shall receive a discount of 10 percent on the amount of the employer's premium.
(b)  A small employer who has not experienced a compensable employee lost-time injury during the most recent two-year period for which statistics are available shall receive a discount of 15 percent on the amount of the employer's premium.
(c)  A small employer who has experienced one or more compensable employee lost-time injuries during the most recent one-year period for which statistics are available is not eligible for a discount on the amount of the employer's premium.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter F. Premium Incentives and Surcharge › Section 2053.254. Assessment of Premium Surcharge

Sec. 2053.254.  ASSESSMENT OF PREMIUM SURCHARGE.  A small employer who has experienced two or more compensable employee lost-time injuries during the most recent one-year period for which statistics are available shall be assessed a surcharge of 10 percent on the amount of the employer's premium.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter F. Premium Incentives and Surcharge › Section 2053.255. Maximum Discount and Assessment

Sec. 2053.255.  MAXIMUM DISCOUNT AND ASSESSMENT.  For any annual premium, a small employer may not:
(1)  receive a discount of more than 15 percent; or
(2)  be required to pay a surcharge of more than 10 percent.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2053 - Rates for Workers' Compensation Insurance › Subchapter F. Premium Incentives and Surcharge › Section 2053.256. Discounts and Surcharges Not Cumulative

Sec. 2053.256.  DISCOUNTS AND SURCHARGES NOT CUMULATIVE.  (a)  The discounts and surcharges established under this subchapter are not cumulative.
(b)  A small employer is entitled to receive the discount under this subchapter in addition to any lesser deviation in the rate used to write an insurance policy under Sections 2053.051 and 2053.052(a) and (b).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.001. Definitions

Sec. 2054.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the company.
(2)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.056, eff. September 1, 2007.
(3)  "Company" means the Texas Mutual Insurance Company.
(4)  "Workers' compensation insurance" means insurance for a risk under:
(A)  Subtitle A, Title 5, Labor Code;
(B)  Chapter 504, Labor Code;
(C)  the Longshore and Harbor Workers' Compensation Act (33 U.S.C. Section 901 et seq.);
(D)  the Federal Mine Safety and Health Act of 1977 (30 U.S.C. Section 801 et seq.);
(E)  the Defense Base Act (42 U.S.C. Sections 1651-1654);
(F)  the federal Employers' Liability Act (45 U.S.C. Section 51 et seq.);
(G)  the Nonappropriated Fund Instrumentalities Act (5 U.S.C. Sections 8171-8173);
(H)  the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.); or
(I)  the Merchant Marine Act of 1920 (46 App. U.S.C. Section 861 et seq.).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.056, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.056, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.002. Reference to Texas Workers' Compensation Insurance Fund

Sec. 2054.002.  REFERENCE TO TEXAS WORKERS' COMPENSATION INSURANCE FUND.  A reference in state law to the Texas Workers' Compensation Insurance Fund means the Texas Mutual Insurance Company.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.003. Operation as Domestic Mutual Insurance Company

Sec. 2054.003.  OPERATION AS DOMESTIC MUTUAL INSURANCE COMPANY.  (a)  The company operates as a domestic mutual insurance company under Chapter 883.  The company is subject to that chapter, but is not subject to Chapter 826.
(b)  The company:
(1)  has the legal rights of a mutual insurance company operating under Chapter 883 and of an individual in this state; and
(2)  may bring a suit in the company's own name without any procedural prerequisites to the exercise of that power.
(c)  The company is not a state agency or executive agency or a governmental entity for any purpose.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 23 (S.B. 192), Sec. 1, eff. May 4, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.004. Insurance Company Under Texas Workers' Compensation Act

Sec. 2054.004.  INSURANCE COMPANY UNDER TEXAS WORKERS' COMPENSATION ACT.  The company is an insurance company for purposes of Subtitle A, Title 5, Labor Code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.005. Applicability of Code

Sec. 2054.005.  APPLICABILITY OF CODE.  The company is subject to this code.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.006. Authority of Commissioner and Department

Sec. 2054.006.  AUTHORITY OF COMMISSIONER AND DEPARTMENT.  (a)  The commissioner may regulate the company to the same extent that the commissioner may regulate a mutual insurance company.
(b)  The company is subject to the jurisdiction of the commissioner and department in the same manner as a private insurance company.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.007. Open Meetings Law and Open Records Law Not Applicable

Sec. 2054.007.  OPEN MEETINGS LAW AND OPEN RECORDS LAW NOT APPLICABLE.  Notwithstanding any other state law, Chapters 551 and 552, Government Code, do not apply to the company.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 23 (S.B. 192), Sec. 2, eff. May 4, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.008. Investigation Files

Sec. 2054.008.  INVESTIGATION FILES.  (a)  In this section, "investigation file" means information the company compiles or maintains with respect to a company investigation authorized by law.
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 23, Sec. 6, eff. May 4, 2007.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 23, Sec. 6, eff. May 4, 2007.
(d)  Except as provided by Subsection (e), a company investigation file:
(1)  is confidential; and
(2)  may be disclosed only:
(A)  in a criminal proceeding;
(B)  in a hearing conducted by the division of workers' compensation of the department;
(C)  on a judicial determination of good cause; or
(D)  to a governmental agency, political subdivision, or regulatory body if the disclosure is necessary or proper for the enforcement of a law of this state, another state, or the United States.
(e)  Disclosure of information in an investigation file that is contained in or derived from a claim file, an employer injury report, or an occupational disease report is governed by any confidentiality provision applicable to that information.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 23 (S.B. 192), Sec. 3, eff. May 4, 2007.
Acts 2007, 80th Leg., R.S., Ch. 23 (S.B. 192), Sec. 4, eff. May 4, 2007.
Acts 2007, 80th Leg., R.S., Ch. 23 (S.B. 192), Sec. 6, eff. May 4, 2007.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.051(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.051(a), eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter A. General Provisions › Section 2054.009. Conflicts With Certain Insurance Laws

Sec. 2054.009.  CONFLICTS WITH CERTAIN INSURANCE LAWS.  To the extent of a conflict between this chapter and Chapter 883 or another law of this state applicable to a nonlife mutual insurance company, this chapter prevails.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.051. Board of Directors; Composition

Sec. 2054.051.  BOARD OF DIRECTORS; COMPOSITION.  (a)  The company is governed by a board composed of nine members.
(b)  The governor, with the advice and consent of the senate, shall appoint five board members.  The company's policyholders shall elect the remaining members.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.052. Qualifications

Sec. 2054.052.  QUALIFICATIONS.  (a)  Each board member must be a resident of this state.
(b)  An individual may not serve as a board member if the individual, another individual related to the individual within the second degree by consanguinity or affinity, or another individual residing in the same household with the individual:
(1)  is registered or licensed under this code or is required to be registered or licensed under this code;
(2)  is employed by or acts as a consultant to a person registered or licensed under this code or required to be registered or licensed under this code;
(3)  owns, controls, has a financial interest in, or participates in the management of an organization registered or licensed under this code or required to be registered or licensed under this code;
(4)  receives a substantial tangible benefit from the company or the department; or
(5)  is an officer, employee, or consultant of an association in the field of insurance.
(c)  Subsection (b) does not prohibit an individual from serving as a board member if the individual is only a policyholder or a consumer of insurance or insurance products.
(d)  An individual who is ineligible to serve on the board under Subsection (b) may not serve as a board member until the first anniversary of the date the condition that makes the individual ineligible ends.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.053. Presiding Officer; Other Officers

Sec. 2054.053.  PRESIDING OFFICER; OTHER OFFICERS.  (a)  The governor shall designate a board member as the presiding officer to serve in that capacity at the pleasure of the governor.
(b)  The board members shall elect annually any other officers the board considers necessary to perform the board's duties.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.054. Terms

Sec. 2054.054.  TERMS.  (a)  Board members serve staggered six-year terms, with the terms of three members expiring July 1 of each odd-numbered year.
(b)  A board member whose term has expired shall continue to serve until the member's successor is appointed by the governor or is elected by the company's policyholders, as applicable.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.055. Vacancies

Sec. 2054.055.  VACANCIES.  (a)  The governor shall fill a vacancy in the appointed board members by appointment with the advice and consent of the senate.
(b)  A vacancy in the elected board members shall be filled as provided by the company's bylaws.
(c)  If a vacancy occurs before the date the vacating member's term expires, the successor member shall be appointed or elected for a term that expires on the same date as the vacating member's term.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.056. Grounds for Removal

Sec. 2054.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board if a member:
(1)  does not have at the time of appointment or election the qualifications required by Section 2054.052;
(2)  does not maintain during service on the board the qualifications required by Section 2054.052;
(3)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed or elected; or
(4)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year.
(b)  The validity of a board action is not affected by the fact that it is taken when a ground for removal of a board member exists.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.057. Procedures for Removal

Sec. 2054.057.  PROCEDURES FOR REMOVAL.  (a)  If the president of the company has knowledge that a potential ground for removal of a board member exists, the president shall notify the presiding officer of the board of the potential ground.
(b)  If the potential ground for removal involves an appointed board member, the presiding officer shall notify the governor and the attorney general that a potential ground for removal exists.
(c)  If the potential ground for removal involves the presiding officer, the president shall notify the next highest board officer, who shall notify the governor and the attorney general that a potential ground for removal exists.
(d)  If the potential ground for removal involves an elected board member, the board shall act on the potential ground for removal as provided by the company's bylaws.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.058. Committees and Subcommittees

Sec. 2054.058.  COMMITTEES AND SUBCOMMITTEES.  The board may create committees and subcommittees.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.059. Meetings

Sec. 2054.059.  MEETINGS.  (a)  The board shall hold a meeting at least once each calendar quarter, at other times at the call of the presiding officer, and at times established by the company's bylaws.
(b)  A special meeting may be called by any two board members on two days' notice.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.060. Quorum

Sec. 2054.060.  QUORUM.  Five board members constitute a quorum.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter B. Board of Directors › Section 2054.061. Compensation

Sec. 2054.061.  COMPENSATION.  A board member is entitled to receive:
(1)  fees for service on the board commensurate with industry standards; and
(2)  actual and necessary travel expenses and any other expense incurred in performing the member's duties.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter C. Management of Company › Section 2054.101. General Powers of Board

Sec. 2054.101.  GENERAL POWERS OF BOARD.  The board has full authority over the company and may:
(1)  perform any act necessary or convenient to administer the company or in connection with the company's insurance business; and
(2)  function in all aspects as the governing body of a domestic mutual insurance company.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter C. Management of Company › Section 2054.102. General Duties of Board Relating to Workers' Compensation Insurance

Sec. 2054.102.  GENERAL DUTIES OF BOARD RELATING TO WORKERS' COMPENSATION INSURANCE.  The board shall:
(1)  provide for engaging in the business of workers' compensation insurance and for the delivery in this state of workers' compensation insurance to the same extent as any other insurance company engaging in the business of workers' compensation insurance in this state;
(2)  propose rates for workers' compensation insurance issued by the company; and
(3)  exercise any other authority necessary to engage in the business of workers' compensation insurance.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle E - Workers' Compensation Insurance › Chapter 2054 - Texas Mutual Insurance Company › Subchapter C. Management of Company › Section 2054.103. Appointment of President

Sec. 2054.103.  APPOINTMENT OF PRESIDENT.  (a)  The board shall appoint a president who serves at the pleasure of the board.
(b)  The president must have proven successful experience as an executive at the general management level in the business of insurance.
(c)  The president shall receive compensation as set by the board.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.