By Siebert, Eiland, Brimer                            H.B. No. 3697
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operation of the Texas Workers' Compensation
 1-3     Insurance Fund and the disposition of certain surpluses of that
 1-4     fund.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 9(c), Article 5.76-3, Insurance Code, is
 1-7     amended to read as follows:
 1-8           (c)  Notwithstanding any other provision of this code or any
 1-9     other insurance law of this state [article], the fund may establish
1-10     multitiered premium systems to price [provide] workers'
1-11     compensation insurance policies to insureds in [who would not
1-12     otherwise meet] the fund's competitive programs, as well as to
1-13     insureds to whom policies are offered by the fund under Article
1-14     5.76-4 of this code [underwriting standards].  Those multitiered
1-15     systems shall be filed in accordance with Article 5.55 of this
1-16     code.  The systems may provide for higher or lower premium payments
1-17     by insureds based on the fund's evaluation of the underwriting
1-18     characteristics of the individual risk and the appropriate premium
1-19     to be charged for the policy coverages [who present higher than
1-20     normal risks within a class].
1-21           SECTION 2.  Section 12, Article 5.76-3, Insurance Code, is
1-22     amended to read as follows:
1-23           Sec. 12.  PAYMENT OF TAXES AND FEES; GUARANTY ASSOCIATION.
1-24     (a)  The [Except as provided in Subsection (b)  of this section,
 2-1     the] fund shall pay premium taxes, maintenance taxes, and the
 2-2     maintenance tax surcharge established under Article 5.76-5 of this
 2-3     code in the same manner as an insurance carrier authorized by the
 2-4     Texas Department of Insurance to write workers' compensation
 2-5     insurance in this state.
 2-6           (b)  [The fund is granted a tax credit equal to two percent
 2-7     of the gross workers' compensation premiums written by the fund
 2-8     during the period for which taxes are assessed.  The credit may be
 2-9     applied only against the taxes and surcharge established in
2-10     Subsection (a) of this section and shall be applied against the
2-11     taxes and surcharge in the following order:]
2-12                 [(1)  maintenance tax surcharge;]
2-13                 [(2)  maintenance taxes assessed to support the Texas
2-14     Department of Insurance;]
2-15                 [(3)  maintenance tax assessed to support the
2-16     commission; and]
2-17                 [(4)  premium taxes.]
2-18           [(c)]  The fund shall pay [all other] taxes and fees or any
2-19     payments due in lieu of taxes in the same manner as an insurance
2-20     carrier authorized and admitted by the Texas Department of
2-21     Insurance to do insurance business in this state under a
2-22     certificate of authority that includes authorization to write
2-23     workers' compensation insurance.
2-24           (c) [(d)]  The fund is [may not be] a member of and is [nor
2-25     be] protected by the Texas Property and Casualty Insurance Guaranty
2-26     Association.  The fund [and] is [not] subject to assessment under
2-27     the Texas Property and Casualty Insurance Guaranty Act (Article
 3-1     21.28-C, Insurance Code).
 3-2           SECTION 3.  Article 5.76-5, Insurance Code, is amended by
 3-3     adding Sections 10A and 10B to read as follows:
 3-4           Sec. 10A.  REIMBURSEMENT OF MAINTENANCE TAX SURCHARGE BY
 3-5     INSURERS.  (a)  The comptroller, in cooperation with the
 3-6     department, shall prepare a list, by year, of the insurance
 3-7     companies and certified self-insurers who paid the maintenance tax
 3-8     surcharge assessed under Section 10 of this article for calendar
 3-9     years 1991-1997.  The list must include the amount by year of the
3-10     maintenance tax surcharge paid by  each insurance company and
3-11     certified self-insurer.  The  comptroller shall provide the lists
3-12     compiled under this subsection to the fund not later than the 60th
3-13     day after the effective date of this section.
3-14           (b)  Notwithstanding Sections 111.103 and 111.107, Tax Code,
3-15     not later than the 45th day after the date on which the fund
3-16     receives the lists, the fund shall issue separate checks, in the
3-17     amount determined under Subsection (a) of this section, to each
3-18     insurance company and certified self-insurer for each year in which
3-19     the maintenance tax surcharge was paid.  The fund shall make the
3-20     payments from the surplus of the fund.
3-21           (c)  Each policyholder is entitled to receive a
3-22     proportionate share of the amount of the maintenance tax surcharge
3-23     paid by the insurance company providing the policyholder's workers'
3-24     compensation insurance coverage during each 12-month recoupment
3-25     period beginning June 1, 1992, and ending May 31, 1998.  The share
3-26     shall be determined as follows:
3-27                 (1)  the insurance company shall determine the total
 4-1     gross premium, as defined by the comptroller on the effective date
 4-2     of this section, of all policyholders with coverage written during
 4-3     each recoupment period beginning June 1, 1992, through May 31,
 4-4     1998;
 4-5                 (2)  the insurance company shall divide the total gross
 4-6     premium for each recoupment year into the amount of maintenance tax
 4-7     surcharge paid based on the prior calendar year's premium to
 4-8     determine the percentage factor to be applied to each
 4-9     policyholder's premium; and
4-10                 (3)  the percentage factor determined under Subdivision
4-11     (2)  of this subsection shall be applied to the policyholder's
4-12     gross premium developed during each recoupment period to establish
4-13     the amount of maintenance tax surcharge to be refunded to each
4-14     individual policyholder.
4-15           (d)  For each policy written during the recoupment period,
4-16     each insurance company shall issue a refund check to the
4-17     policyholder for the amount of the refund of the maintenance tax
4-18     surcharge.  All refunds under this section must be made not later
4-19     than September 1, 2000.
4-20           (e)  Each insurance company shall file with the department a
4-21     report that covers each recoupment period.  The insurance company
4-22     shall file the report not later than January 1, 2001.  The report
4-23     must include:
4-24                 (1)  the name of each policyholder receiving a refund;
4-25                 (2)  the amount of the refund sent to the policyholder;
4-26     and
4-27                 (3)  the date that the refund was sent.
 5-1           (f)  If an insurance company is unable to locate a
 5-2     policyholder, the insurance company shall notify the department in
 5-3     the manner prescribed by the department and shall return the amount
 5-4     of the refund to the fund for deposit in the surplus of the fund.
 5-5     The department shall make a reasonable effort to locate the
 5-6     policyholder, using procedures and notices analogous to those
 5-7     required under Chapter 74, Property Code, for the disposition of
 5-8     unclaimed property.  The department may charge against the amount
 5-9     of any refund the costs incurred by the department in locating the
5-10     policyholder, including expenses for publishing notice.  If the
5-11     policyholder is located, the department shall remit the amount of
5-12     the refund, less the associated costs, from the fund to the
5-13     policyholder.  If, after the procedures required under this
5-14     subsection are exhausted, the policyholder is not located, the
5-15     amount of the refund shall be retained in the surplus of the fund.
5-16           (g)  The commissioner shall adopt rules as necessary to
5-17     implement this section.
5-18           Sec. 10B.  REIMBURSEMENT OF MAINTENANCE TAX SURCHARGE BY
5-19     FUND.  The fund shall provide refunds to policyholders of the fund
5-20     who paid a proportionate share of the amount of maintenance tax
5-21     surcharge paid voluntarily by the fund for calendar years
5-22     1994-1995.  The fund shall compute the refund owed to an affected
5-23     policyholder using a procedure analogous to that provided for
5-24     insurance companies under Section 10A of this article.
5-25           SECTION 4.  Subchapter G, Chapter 5, Insurance Code, is
5-26     amended by adding Article 5.76-6 to read as follows:
5-27           Art. 5.76-6.  INTERIM STUDIES.  (a)  The Texas Workers'
 6-1     Compensation Insurance Fund shall enter into a joint venture with
 6-2     the Research and Oversight Council on Workers' Compensation by
 6-3     providing data for interim studies as provided by this article.
 6-4     Funding shall come from the surplus of the Texas Workers'
 6-5     Compensation Insurance Fund for the interim studies to improve
 6-6     worker safety in this state and the cost and quality of health care
 6-7     delivered to injured workers.
 6-8           (b)  The studies shall include examinations of:
 6-9                 (1)  methods to improve worker safety and facilitate
6-10     return to productive employment following an injury;
6-11                 (2)  the quality and cost-effectiveness of the current
6-12     workers' compensation health care delivery system, as  compared to:
6-13                       (A)  other health care delivery systems used in
6-14     this state; and
6-15                       (B)  workers' compensation health care delivery
6-16     systems used in other states; and
6-17                 (3)  medical provider treatment patterns and insurance
6-18     carrier utilization review practices in the workers' compensation
6-19     system of this state.
6-20           (c)  The council shall submit requests for proposals for
6-21     contracts with private vendors to perform the studies required
6-22     under this article. The comptroller shall assist the council in
6-23     bidding, evaluating, and securing the contracts.
6-24           (d)  The Texas Workers' Compensation Commission shall assist
6-25     the council by providing, on request by the council, computer data
6-26     and other information as necessary to conduct the studies.
6-27           (e)  The council may  enter into contracts, memoranda of
 7-1     understanding, and interagency agreements as necessary to implement
 7-2     this article.
 7-3           (f)  The council shall report the results of the interim
 7-4     studies and recommendations for proposed legislation to the 77th
 7-5     Legislature not later than February 1, 2001.  The council shall
 7-6     provide written copies of the report to the governor, the
 7-7     lieutenant governor, and the speaker of the house of
 7-8     representatives.
 7-9           (g)  This article expires March 1, 2001.
7-10           SECTION 5.  Section 3, Article 21.28-C, Insurance Code, is
7-11     amended to read as follows:
7-12           Sec. 3.  SCOPE.  (a)  This Act applies to all kinds of direct
7-13     insurance, and except as provided in Section 12 of this Act, is not
7-14     applicable to the following:
7-15                 (1)  life, annuity, health, or disability insurance;
7-16                 (2)  mortgage guaranty, financial guaranty, or other
7-17     forms of insurance offering protection against investment risks;
7-18                 (3)  fidelity or surety bonds, or any other bonding
7-19     obligations;
7-20                 (4)  credit insurance, vendors' single-interest
7-21     insurance, collateral protection insurance, or any similar
7-22     insurance protecting the interests of a creditor arising out of a
7-23     creditor-debtor transaction;
7-24                 (5)  insurance of warranties or service contracts;
7-25                 (6)  title insurance;
7-26                 (7)  ocean marine insurance;
7-27                 (8)  any transaction or combination of transactions
 8-1     between a person, including an affiliate of such a person, and an
 8-2     insurer, including an affiliate of such an insurer, that involves
 8-3     the transfer of investment or credit risk unaccompanied by the
 8-4     transfer of insurance risk; or
 8-5                 (9)  any insurance provided by or guaranteed by
 8-6     government.
 8-7           (b)  This Act applies to insurance written through the Texas
 8-8     Workers' Compensation Insurance Fund.
 8-9           SECTION 6.  Section 12(c), Article 5.76-3, Insurance Code, as
8-10     amended by this Act, applies only to assessments made by the Texas
8-11     Property and Casualty Insurance Guaranty Association beginning on
8-12     January 1, 2000.  The Texas Workers' Compensation Insurance Fund is
8-13     not liable for any assessment or part of an assessment made by the
8-14     Texas Property and Casualty Insurance Guaranty Association before
8-15     that date.
8-16           SECTION 7.  The importance of this legislation and the
8-17     crowded condition of the calendars in both houses create an
8-18     emergency and an imperative public necessity that the
8-19     constitutional rule requiring bills to be read on three several
8-20     days in each house be suspended, and this rule is hereby suspended,
8-21     and that this Act take effect and be in force from and after its
8-22     passage, and it is so enacted.