1-1     By:  Brimer (Senate Sponsor - Fraser)                  H.B. No. 542
 1-2           (In the Senate - Received from the House April 21, 1999;
 1-3     April 22, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 14, 1999, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-6     0; May 14, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 542                   By:  Fraser
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the board of directors of the Texas Workers'
1-11     Compensation Insurance Fund and to the operation of certain
1-12     programs of that fund.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 3, Article 5.76-3, Insurance Code, is
1-15     amended to read as follows:
1-16           Sec. 3.  BOARD OF DIRECTORS.  (a)  The fund is governed by a
1-17     board of directors composed of nine members, all of whom shall be
1-18     citizens of this state.  The members shall be appointed by the
1-19     governor with the advice and consent of the senate, and vacancies
1-20     shall be filled in the same manner.
1-21           (b)  The members of the board of directors serve staggered
1-22     six-year terms, with the terms of three members expiring February 1
1-23     of each  odd-numbered year.  A member of the board whose term has
1-24     expired shall continue to serve until the member's replacement is
1-25     appointed by the governor.
1-26           [(b)  Except as provided by Subsection (c) of this section,
1-27     to be eligible for appointment as a member of the board a person
1-28     must be a policyholder of the fund or an officer or employee of a
1-29     policyholder and must maintain that status during the period of
1-30     service on the board.  Failure to maintain that status disqualifies
1-31     the board member and creates a vacancy on the board.]
1-32           (c)  [The initial appointees to the board must be employers
1-33     in this state.]
1-34           [(d)]  In making appointments to the board, the governor
1-35     shall attempt to reflect the social, geographic, and economic
1-36     diversity of the  state.  To ensure balanced representation, the
1-37     governor may consider the geographic location of a prospective
1-38     appointee's domicile and the prospective appointee's experience in
1-39     business and insurance matters and shall consider those factors in
1-40     appointing members to fill vacancies on the board.  Appointments to
1-41     the board shall be made without regard to the race, color,
1-42     disability, sex, religion, age, or national origin of the
1-43     appointees.
1-44           (d) [(e)]  A person may not serve as a member of the board if
1-45     the person, an individual related to the person within the second
1-46     degree by  consanguinity or affinity, or an individual residing in
1-47     the same household with the person:
1-48                 (1)  is required to be registered or licensed under
1-49     this code;
1-50                 (2)  is employed by or acts as a consultant to a person
1-51     required to be registered or licensed under this code;
1-52                 (3)  owns, controls, has a financial interest in, or
1-53     participates in the management of an organization required to be
1-54     registered or licensed under this code;
1-55                 (4)  receives a substantial tangible benefit from the
1-56     fund or the Texas Department of Insurance; or
1-57                 (5)  is an officer, employee, or consultant of an
1-58     association in the field of insurance.
1-59           (e) [(f)]  It is a ground for removal from the board if a
1-60     member:
1-61                 (1)  does not have at the time of appointment the
1-62     qualifications required by [Subsection (b) of] this section;
1-63                 (2)  does not maintain during service on the board the
1-64     qualifications required by [Subsection (b) of] this section;
 2-1                 (3)  cannot because of illness or disability discharge
 2-2     the member's duties for a substantial part of the term for which
 2-3     the member is appointed; or
 2-4                 (4)  is absent from more than half of the regularly
 2-5     scheduled board meetings that the member is eligible to attend
 2-6     during a calendar year.
 2-7           (f) [(g)]  The validity of an action of the board is not
 2-8     affected by the fact that it is taken when a ground for removal of
 2-9     a board member exists.
2-10           (g) [(h)]  If the president has knowledge that a potential
2-11     ground for removal exists, the president shall notify the chairman
2-12     of the board of the potential ground.  The chairman shall then
2-13     notify the governor and the attorney general that a potential
2-14     ground for removal exists.  If the potential ground for removal
2-15     involves the chairman, the president shall notify the next highest
2-16     officer of the board, who shall notify the governor and the
2-17     attorney general that a potential ground for removal exists.
2-18           (h) [(i)]  Subsection (d) [(e)] of this section does not
2-19     prohibit a person who is only a consumer of insurance or insurance
2-20     products from serving as a member of the board.
2-21           (i) [(j)]  A person who is ineligible to serve on the board
2-22     under Subsection (d) [(e)] of this section may not serve as a
2-23     member of  the board for one year after the date on which the
2-24     condition that makes the person ineligible ends.
2-25           (j) [(k)]  Each member shall receive actual and necessary
2-26     travel expenses and expenses incurred in the performance of the
2-27     member's duties as a member.
2-28           (k) [(l)]  The governor shall designate a member of the board
2-29     as the chairman of the board to serve in that capacity at the
2-30     pleasure of the governor.  The members of the board shall elect
2-31     annually from their number a vice-chairman and a secretary.
2-32           (l) [(m)]  The board shall hold meetings at least once each
2-33     calendar quarter and at other times at the call of the chairman and
2-34     at times established by board rule.  Special meetings may be called
2-35     by any two members of the board on two days notice.
2-36           (m) [(n)]  A majority of the board members constitutes a
2-37     quorum.
2-38           (n) [(o)]  The board shall maintain the principal office of
2-39     the fund in Austin, Texas.
2-40           (o) [(p)]  For cost control purposes and as is determined to
2-41     be cost-effective, as many functions as possible shall be performed
2-42     by the fund.
2-43           (p) [(q)]  A person may not serve as a member of the board or
2-44     act as the general counsel to the board or the fund if the person
2-45     is required to register as a lobbyist under Chapter 305, Government
2-46     Code, because of the person's activities for compensation on behalf
2-47     of any person or entity other than the fund.
2-48           (q) [(r)]  The board shall develop and implement policies
2-49     that clearly separate the policymaking responsibilities of the
2-50     board and the  management responsibilities of the president and the
2-51     staff of the fund.
2-52           SECTION 2.  Section 9(c), Article 5.76-3, Insurance Code, is
2-53     amended to read as follows:
2-54           (c)  Notwithstanding any other provision of this code or any
2-55     other insurance law of this state [article], the fund may establish
2-56     multitiered [premium] systems to price [provide] workers'
2-57     compensation insurance policies to insureds in its competitive
2-58     programs as well as to insureds whose policies are offered pursuant
2-59     to Article 5.76-4 of this code [who would not otherwise meet the
2-60     fund's underwriting standards].  Those multitiered systems shall be
2-61     filed in accordance with Article 5.55 of this code.  The systems
2-62     may provide for higher or lower premium payments by insureds based
2-63     on the fund's evaluation of the underwriting characteristics of the
2-64     individual risk and the appropriate premium to be charged for the
2-65     policy coverages [insureds who present higher than normal risks
2-66     within a class].
2-67           SECTION 3.  The importance of this legislation and the
2-68     crowded condition of the calendars in both houses create an
2-69     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended,
 3-3     and that this Act take effect and be in force from and after its
 3-4     passage, and it is so enacted.
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