Texas Labor Code Title 5, Chapter 407 - Self-insurance Regulation
SUBCHAPTER A GENERAL PROVISIONS
SUBCHAPTER B DIVISION OF SELF-INSURANCE REGULATION
- Texas 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 (2) Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(17), eff. September...
- Texas 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...
SUBCHAPTER C CERTIFICATE OF AUTHORITY TO SELF-INSURE
- Texas 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 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 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 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 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 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 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...
SUBCHAPTER D REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
- Texas 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 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 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 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 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 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 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 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...
SUBCHAPTER E POWERS AND DUTIES OF CERTIFIED SELF-INSURER
- Texas 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 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 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...
SUBCHAPTER F FINANCING OF SELF-INSURANCE PROGRAM
- Texas 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 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 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 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...
SUBCHAPTER G TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
Last modified: September 28, 2016