Texas Insurance Code Title 10, Chapter 2053 - Rates For Workers' Compensation Insurance
SUBCHAPTER A RATE FILINGS
- Texas Section 2053.001 - Definitions
In this subchapter: (1) "Filer" means an insurance company that files rates, prospective loss costs, or supplementary rating information under this subchapter. (2) "Insurance company"...
- Texas Section 2053.002 - Rate Standards
(a) In setting rates, an insurance company shall consider: (1) past and prospective loss cost experience; (2) operation expenses; (3) investment income; (4) a reasonable...
- Texas Section 2053.003 - Rate Filing And Supporting Information
(a) Each insurance company shall file with the department all rates, supplementary rating information, and reasonable and pertinent supporting information for risks written in this...
- Texas Section 2053.004 - Public Information
(a) Each filing made, including any supporting information filed, under this subchapter is public information subject to Chapter 552, Government Code, including any applicable exception...
- Texas Section 2053.005 - Effective Date Of Rate; Hearing
(a) A filer shall designate the date a rate proposed in a filing made under Section 2053.003 is to take effect. Subject to Subsections (b)-(d),...
- Texas Section 2053.006 - Disapproval Of Rate Filing; Hearing
(a) The commissioner shall disapprove a rate filing made under Section 2053.003 if the commissioner determines that the filing does not meet the standards established...
- Texas Section 2053.007 - Disapproval Of Rate; Hearing
(a) The commissioner may issue an order after a hearing disapproving a rate that is in effect. The commissioner must provide the insurance company that...
- Texas Section 2053.008 - Effect Of Disapproval Order
(a) If a workers' compensation insurance policy is issued and the commissioner subsequently disapproves the rate or filing that governs the premium charged on the...
- Texas Section 2053.009 - Grievance
(a) The office of public insurance counsel or an insured who is aggrieved with respect to a filing made under Section 2053.003 that is in...
- Texas Section 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,...
- Texas Section 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),...
- Texas Section 2053.012 - Report On Legislative Reforms Required
(a) Not later than December 1 of each even-numbered year, the commissioner shall report to the governor, lieutenant governor, and speaker of the house of...
SUBCHAPTER A-1 UNDERWRITING GUIDELINES
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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),...
- Texas Section 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...
SUBCHAPTER B RATE ADMINISTRATION
- Texas 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.,...
- Texas Section 2053.051 - Hazard Classification System
(a) For workers' compensation insurance, the department shall: (1) determine hazards by class; and (2) establish classification relativities applicable to an employer's payroll in each...
- Texas Section 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:...
- Texas Section 2053.053 - Use Of Hazard Classifications Required
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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER C STATISTICAL PLANS; AGENT
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D REPORTING REQUIREMENTS AND EXCHANGE OF INFORMATION
- Texas Section 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...
- Texas 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E OPTIONAL DEDUCTIBLE PLANS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F PREMIUM INCENTIVES AND SURCHARGE
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
Last modified: September 28, 2016