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 Section 10A to read as follows:
 3-4           Sec. 10A.  REIMBURSEMENT OF MAINTENANCE TAX SURCHARGE.  (a)
 3-5     The comptroller and the department shall cooperate in the
 3-6     preparation of a list, by year, of the insurance companies and
 3-7     certified self-insurers who paid the maintenance tax surcharge
 3-8     assessed under Section 10 of this article for calendar years
 3-9     1991-1996.  The list must include the amount by year of the
3-10     maintenance tax surcharge paid by each insurance company and by
3-11     each certified self-insurer.  The fund paid the maintenance tax
3-12     surcharge only for calendar years 1993 and 1994 and shall be
3-13     included in the list prepared under this subsection only for those
3-14     years.  The comptroller and the department shall provide the lists
3-15     compiled under this subsection to the fund not later than the 60th
3-16     day after the effective date of this section.  For the purposes of
3-17     this section, a reference to an insurance company includes the
3-18     fund.
3-19           (b)  Notwithstanding Sections 111.104 and 111.107, Tax Code,
3-20     not later than the 45th day after the date on which the fund
3-21     receives the lists, the fund shall issue separate checks, in the
3-22     amount determined under Subsection (a) of this section, to each
3-23     insurance company and certified self-insurer for each year in which
3-24     the maintenance tax surcharge was paid.  The fund shall make the
3-25     payments from the surplus of the fund.
3-26           (c)  The maintenance tax surcharge is paid on March 1 of each
3-27     year, based on the premium writings of the prior calendar year.
 4-1     The calendar years for which the maintenance tax surcharge was paid
 4-2     and the corresponding recoupment periods are as follows:
 4-3                 (1)  calendar year 1991--recoupment period June 1,
 4-4     1992, through May 31, 1993;
 4-5                 (2)  calendar year 1992--recoupment period June 1,
 4-6     1993, through May 31, 1994;
 4-7                 (3)  calendar year 1993--recoupment period June 1,
 4-8     1994, through May 31, 1995;
 4-9                 (4)  calendar year 1994--recoupment period June 1,
4-10     1995, through May 31, 1996;
4-11                 (5)  calendar year 1995--recoupment period June 1,
4-12     1996, through May 31, 1997;
4-13                 (6)  calendar year 1996--recoupment period June 1,
4-14     1997, through May 31, 1998.
4-15           (d)  Each policyholder not insured by the fund is entitled to
4-16     receive a  proportionate share of the amount of the maintenance tax
4-17     surcharge paid by the insurance company providing the
4-18     policyholder's workers' compensation insurance coverage with a
4-19     policy effective date during each 12-month recoupment period
4-20     beginning June 1, 1992, and ending May 31, 1998.  Only those
4-21     policyholders with coverage provided by the fund with policy
4-22     effective dates during the recoupment period beginning June 1,
4-23     1994, and ending May 31, 1995, and the recoupment period beginning
4-24     June 1, 1995, and ending May 31, 1996, are entitled to receive a
4-25     refund of the proportionate share of the maintenance tax surcharge
4-26     from the fund.  Only those policyholders with coverage provided
4-27     through the Texas workers' compensation insurance facility with
 5-1     policy effective dates during the recoupment period beginning June
 5-2     1, 1992, and ending May 31, 1993, and the recoupment period
 5-3     beginning June 1, 1993, and ending May 31, 1994, are entitled to
 5-4     receive a refund of the proportionate share of the maintenance tax
 5-5     surcharge.  The share shall be determined as follows:
 5-6                 (1)  the insurance company shall determine the total
 5-7     gross premium, as defined by the comptroller on the effective date
 5-8     of this section, of all policyholders with coverage written during
 5-9     each applicable recoupment period who are entitled to receive a
5-10     refund as determined under this subsection;
5-11                 (2)  the insurance company shall divide the total gross
5-12     premium for each applicable recoupment year into the amount of
5-13     maintenance tax surcharge paid based on the prior calendar year's
5-14     premium to determine the percentage factor to be applied to each
5-15     policyholder's premium; and
5-16                 (3)  the percentage factor determined under Subdivision
5-17     (2)  of this subsection shall be applied to the policyholder's
5-18     gross premium for each applicable recoupment period to establish
5-19     the amount of maintenance tax surcharge to be refunded to each
5-20     individual policyholder.
5-21           (e)  Except as provided by Subsection (f) of this section,
5-22     for each policy written during the applicable recoupment period,
5-23     each insurance company shall issue a refund check to the
5-24     policyholder for the amount of the refund of the maintenance tax
5-25     surcharge, or, if a policyholder has a balance due for premiums
5-26     earned during any recoupment period, the insurance company may
5-27     apply the refund as a credit against the amount owed.  All refunds
 6-1     or credits under this section must be made or applied not later
 6-2     than September 1, 2000.
 6-3           (f)  An insurance company is not required to issue a refund
 6-4     to a policyholder if the total amount of that policyholder's refund
 6-5     is less than $25.
 6-6           (g)  Each insurance company shall make a diligent effort to
 6-7     locate each policyholder due a refund under this section.
 6-8           (h)  Not later than January 1, 2001, each insurance company
 6-9     shall file with the department a report that covers each applicable
6-10     recoupment period.  The report must include:
6-11                 (1)  the name of each policyholder receiving a refund;
6-12                 (2)  the name of each policyholder to whom Subsection
6-13     (f) of this section applies;
6-14                 (3)  the amount of the refund sent to the policyholder;
6-15                 (4)  the date the refund was sent;
6-16                 (5)  the name, last known mailing address, federal
6-17     employer identification number, and refund amount for each
6-18     policyholder who could not be located; and
6-19                 (6)  the name, address, and telephone number of a
6-20     person at the insurance company whom a policyholder may contact to
6-21     provide a current address to be used for mailing the refund.
6-22           (i)  If an insurance company is unable to locate a
6-23     policyholder to whom the insurance company is required to make a
6-24     refund after making a diligent effort to do so, the insurance
6-25     company shall notify the department in the manner prescribed by the
6-26     department.
6-27           (j)  The department shall furnish a report to the fund not
 7-1     later than March 1, 2001, to be used for publication of notices to
 7-2     be placed in at least one newspaper of general circulation in each
 7-3     county with a population of at least 100,000, according to the most
 7-4     recent federal decennial census. The fund shall publish the notices
 7-5     not later than April 1, 2001, and shall pay all costs associated
 7-6     with the publication of the notices from the surplus of the fund.
 7-7     Each notice must have a statement describing the reason for the
 7-8     publication of the notice and must include the following
 7-9     information:
7-10                 (1)  the name of the applicable insurance company;
7-11                 (2)  the name, address, and telephone number of a
7-12     person at the insurance company whom a policyholder may contact
7-13     regarding a refund;
7-14                 (3)  the name of each policyholder entitled to a
7-15     refund; and
7-16                 (4)  the municipality of the last known mailing address
7-17     of the policyholder.
7-18           (k)  To receive a refund under this section, an eligible
7-19     policyholder must provide the policyholder's current mailing
7-20     address to the appropriate insurance company not later than the
7-21     later of:
7-22                 (1)  the 180th day after the publication date of the
7-23     notice; or
7-24                 (2)  October 1, 2001.
7-25           (l)  The insurance company shall remit the appropriate refund
7-26     to an eligible policyholder not later than the 45th day after the
7-27     date the insurance company receives the policyholder's address as
 8-1     required by Subsection (k) of this section.  All refunds must be
 8-2     remitted not later than November 15, 2001.
 8-3           (m)  Not later than December 31, 2001, each insurance company
 8-4     shall file a report with the department that includes:
 8-5                 (1)  the name of each policyholder receiving a refund;
 8-6                 (2)  the amount of the refund sent to the policyholder;
 8-7                 (3)  the date the refund was sent; and
 8-8                 (4)  the name, last known mailing address, and amount
 8-9     of refund owed to each policyholder who could not be located.
8-10           (n)  An insurance company that cannot locate a policyholder
8-11     eligible for a refund through the procedures established under this
8-12     section shall, not later than December 31, 2001, return the amount
8-13     of the remaining maintenance tax surcharge to the fund for deposit
8-14     in the fund's surplus.
8-15           (o)  Notwithstanding any other law of this state, all rights
8-16     to a refund under this section expire on December 31, 2001.
8-17           (p)  In making refunds required by this section, an insurance
8-18     company may not be required to refund to policyholders an amount
8-19     greater, in the aggregate, than that received from the fund.
8-20           (q)  Each report filed with the department under this section
8-21     by an insurance company that includes the identification of a
8-22     policyholder by name is confidential, and the department shall
8-23     maintain the confidentiality of the report and the information
8-24     contained in the report except as otherwise provided by this
8-25     section. A report subject to this subsection made by an insurance
8-26     company is not subject to disclosure under Chapter 552, Government
8-27     Code.
 9-1           (r)  The commissioner shall adopt rules as necessary to
 9-2     implement this section.
 9-3           (s)  This section expires September 1, 2002.
 9-4           SECTION 4.  Subchapter G, Chapter 5, Insurance Code, is
 9-5     amended by adding Article 5.76-6 to read as follows:
 9-6           Art. 5.76-6.  INTERIM STUDIES.  (a)  The Texas Workers'
 9-7     Compensation Insurance Fund shall enter into a joint venture with
 9-8     the Research and Oversight Council on Workers' Compensation by
 9-9     providing data for interim studies as provided by this article.
9-10     Funding shall come from the surplus of the Texas Workers'
9-11     Compensation Insurance Fund for the interim studies to improve
9-12     worker safety in this state and reduce the cost and improve the
9-13     quality of health care delivered to injured workers.
9-14           (b)  The studies shall include examinations of:
9-15                 (1)  methods to improve worker safety and facilitate
9-16     return to productive employment following an injury;
9-17                 (2)  the quality and cost-effectiveness of the current
9-18     workers' compensation health care delivery system, as  compared to:
9-19                       (A)  other health care delivery systems used in
9-20     this state; and
9-21                       (B)  workers' compensation health care delivery
9-22     systems used in other states; and
9-23                 (3)  medical provider treatment patterns and insurance
9-24     carrier utilization review practices in the workers' compensation
9-25     system of this state.
9-26           (c)  The council shall submit requests for proposals for
9-27     contracts with private vendors to perform the studies required
 10-1    under this article. The comptroller shall assist the council in
 10-2    bidding, evaluating, and securing the contracts.
 10-3          (d)  The Texas Workers' Compensation Commission shall assist
 10-4    the council by providing, on request by the council, computer data
 10-5    and other information as necessary to conduct the studies.
 10-6          (e)  The council may  enter into contracts, memoranda of
 10-7    understanding, and interagency agreements as necessary to implement
 10-8    this article.
 10-9          (f)  The council shall report the results of the interim
10-10    studies and recommendations for proposed legislation to the 77th
10-11    Legislature not later than February 1, 2001.  The council shall
10-12    provide written copies of the report to the governor, the
10-13    lieutenant governor, and the speaker of the house of
10-14    representatives.
10-15          (g)  This article expires March 1, 2001.
10-16          SECTION 5.  Section 3, Article 21.28-C, Insurance Code, is
10-17    amended to read as follows:
10-18          Sec. 3.  SCOPE.  (a)  This Act applies to all kinds of direct
10-19    insurance, and except as provided in Section 12 of this Act, is not
10-20    applicable to the following:
10-21                (1)  life, annuity, health, or disability insurance;
10-22                (2)  mortgage guaranty, financial guaranty, or other
10-23    forms of insurance offering protection against investment risks;
10-24                (3)  fidelity or surety bonds, or any other bonding
10-25    obligations;
10-26                (4)  credit insurance, vendors' single-interest
10-27    insurance, collateral protection insurance, or any similar
 11-1    insurance protecting the interests of a creditor arising out of a
 11-2    creditor-debtor transaction;
 11-3                (5)  insurance of warranties or service contracts;
 11-4                (6)  title insurance;
 11-5                (7)  ocean marine insurance;
 11-6                (8)  any transaction or combination of transactions
 11-7    between a person, including an affiliate of such a person, and an
 11-8    insurer, including an affiliate of such an insurer, that involves
 11-9    the transfer of investment or credit risk unaccompanied by the
11-10    transfer of insurance risk; or
11-11                (9)  any insurance provided by or guaranteed by
11-12    government.
11-13          (b)  This Act applies to insurance written through the Texas
11-14    Workers' Compensation Insurance Fund only as provided by this
11-15    subsection.  The application of this article to the Texas Workers'
11-16    Compensation Insurance Fund is on a prospective basis on and after
11-17    January 1, 2000.  That fund is only liable for assessments for a
11-18    claim with a date of injury that occurs on or after January 1,
11-19    2000.  The association, with respect to an insolvency of the fund,
11-20    is only liable for a claim with a date of injury that occurs on or
11-21    after January 1, 2000.
11-22          SECTION 6.  Section 5(10), Article 21.28-C, Insurance Code,
11-23    is amended to read as follows:
11-24                (10)  "Member insurer" means any insurer [person] who:
11-25                      (A)  writes any kind of insurance to which this
11-26    Act applies under Section 3 of this Act, including the exchange of
11-27    reciprocal or inter-insurance contracts; and
 12-1                      (B)  is licensed to transact insurance in this
 12-2    state, including any stock, mutual, Lloyds insurer, reciprocal or
 12-3    inter-insurance exchange, or county mutual insurance company.
 12-4          SECTION 7.  The importance of this legislation and the
 12-5    crowded condition of the calendars in both houses create an
 12-6    emergency and an imperative public necessity that the
 12-7    constitutional rule requiring bills to be read on three several
 12-8    days in each house be suspended, and this rule is hereby suspended,
 12-9    and that this Act take effect and be in force from and after its
12-10    passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3697 was passed by the House on May
         5, 1999, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 3697 on May 22, 1999, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 3697 on May 29, 1999, by
         the following vote:  Yeas 145, Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3697 was passed by the Senate, with
         amendments, on May 20, 1999, by the following vote:  Yeas 28, Nays
         0, 1 present, not voting; at the request of the House, the Senate
         appointed a conference committee to consider the differences
         between the two houses; and that the Senate adopted the conference
         committee report on H.B. No. 3697 on May 30, 1999, by a viva-voce
         vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor