Sec. 407.126. TRUST FUND; FEE; SCHEDULE. (a) Each member of the association shall be assessed an annual fee, based on total amount of income benefits payments made in this state for the preceding reported calendar year, to maintain a Texas certified self-insurer guaranty trust fund of at least $2 million for the emergency payment of the compensation liabilities of an impaired employer. The fund may not exceed three percent of the combined value of the security deposits of all certified self-insurers.
(b) The board of directors shall submit to the commissioner for approval a recommended balance of the trust fund. On approval by the commissioner of the recommended balance, the board of directors shall adopt a year-by-year schedule of assessments to meet the funding goal of the fund.
(c) The assessment for the first year after an employer is issued a certificate of authority to self-insure shall be based on the income benefit payments paid by the employer's insurance carrier on the employer's policy in the year before the certificate was issued.
(d) The board of directors shall administer the trust fund in accordance with rules adopted by the commissioner.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.24, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.066, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 1055 (H.B. 1990), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 407 - Self-Insurance Regulation
Subchapter G. Texas Certified Self-Insurer Guaranty Association
Section 407.121. Guaranty Association
Section 407.122. Board of Directors
Section 407.124. Impaired Employer; Assessments
Section 407.125. Payment of Assessments
Section 407.126. Trust Fund; Fee; Schedule
Section 407.127. Payment of Benefits Through Association
Section 407.128. Possession of Security by Association
Section 407.129. Release of Claim Information to Association
Section 407.130. Association as Party in Interest
Section 407.133. Suspension or Revocation of Certificate for Failure to Pay Assessment