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Texas Labor Code - Chapter 407 Self-Insurance Regulation

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  • Texas Labor Code Section 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 (2) Repealed by Acts 2005, 79th Leg., ch. 265, § 7.01(17). (3) "Impaired ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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) ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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, ...
  • Texas Labor Code Section 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, ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 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 ...
  • Texas Labor Code Section 407.081 - Annual Report
    (a) Each certified self-insurer shall file an annual report with the division. The commissioner shall prescribe the form of the report and shall furnish blank ...
  • Texas Labor Code Section 407.082 - Examination Of Records; Administrative Violation
    (a) Each certified self-insurer shall maintain the books, records, and payroll information necessary to compile the annual report required under Section 407.081 and any other ...
  • Texas Labor Code Section 407.083 - Payment Of Insurance Agent's Commission
    This chapter does not prohibit a certified self-insurer from paying a commission to an insurance agent licensed in this state. Acts 1993, 73rd Leg., ch. ...
  • Texas Labor Code Section 407.101 - Fund
    (a) The workers' compensation self-insurance fund is a fund in the state treasury. The fund may be used only for the regulation of certified self-insurers. ...
  • Texas Labor Code Section 407.102 - Regulatory Fee
    (a) Each certified self-insurer shall pay an annual fee to cover the administrative costs incurred by the division in implementing this chapter. (b) The division ...
  • Texas Labor Code Section 407.103 - Self-Insurer Maintenance Tax; Effect On General Maintenance Tax
    (a) Each certified self-insurer shall pay a self-insurer maintenance tax for the administration of the division and the office of injured employee counsel and to ...
  • Texas Labor Code Section 407.104 - Collection Of Taxes And Fees; Administrative Violation
    (a) The regulatory fee imposed by Section 407.102 and the taxes imposed by Section 407.103 are due on the 60th day after the issuance of ...
  • Texas Labor Code Section 407.121 - Guaranty Association
    (a) The Texas Certified Self-Insurer Guaranty Association provides for the payment of workers' compensation insurance benefits for the injured employees of an impaired employer. (b) ...
  • Texas Labor Code Section 407.122 - Board Of Directors
    (a) The members of the association shall elect a board of directors. (b) The board of directors is composed of the following voting members: (1) ...
  • Texas Labor Code Section 407.123 - Board Rules
    (a) The board of directors may adopt rules for the operation of the association. (b) Rules adopted by the board are subject to the approval ...
  • Texas Labor Code Section 407.124 - Impaired Employer; Assessments
    (a) On determination by the division that a certified self-insurer has become an impaired employer, the commissioner shall secure release of the security deposit required ...
  • Texas Labor Code Section 407.125 - Payment Of Assessments
    Each certified self-insurer shall pay the amount of its assessment to the association not later than the 30th day after the date on which the ...
  • Texas Labor Code Section 407.126 - Trust Fund; Fee; Schedule
    (a) Each member of the association shall be assessed a fee, based on total amount of income benefits payments made in this state for the ...
  • Texas Labor Code Section 407.127 - Payment Of Benefits Through Association
    (a) If the commissioner determines that the payment of benefits and claims administration shall be made through the association, the association assumes the workers' compensation ...
  • Texas Labor Code Section 407.128 - Possession Of Security By Association
    On the assumption of obligations by the association under the commissioner's determination, the association is entitled to immediate possession of any deposited security, and the ...
  • Texas Labor Code Section 407.129 - Release Of Claim Information To Association
    Information on a workers' compensation claim may be released to the association as provided by Section 402.084(a), if the association has assumed the obligations of ...
  • Texas Labor Code Section 407.130 - Association As Party In Interest
    (a) The association is a party in interest in a proceeding involving a workers' compensation claim against an impaired employer whose compensation obligations have been ...
  • Texas Labor Code Section 407.131 - Preference
    The benefit payments made by the association or the surety under this chapter are entitled to the same preference over other debts of the impaired ...
  • Texas Labor Code Section 407.132 - Special Fund
    Funds advanced by the association under this subchapter do not become assets of the impaired employer but are a special fund advanced to the commissioner, ...
  • Texas Labor Code Section 407.133 - Suspension Or Revocation Of Certificate For Failure To Pay Assessment
    (a) The commissioner may suspend or revoke the certificate of authority to self-insure of a certified self-insurer who fails to pay an assessment. The association ...
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    Last modified: August 10, 2007