By Siebert H.B. No. 3697
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of the Texas Workers' Compensation
1-3 Insurance Fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2(a), Article 5.76-3, Insurance Code, is
1-6 amended as follows:
1-7 (a) The Texas Workers' Compensation Insurance Fund is
1-8 created as a corporate body with the powers provided by this
1-9 subchapter and with all general corporate powers incident to its
1-10 operation as a corporate body. The fund shall:
1-11 (1) serve as a stabilizing [competitive] force in the
1-12 marketplace;
1-13 (2) guarantee the availability of workers'
1-14 compensation insurance in this state; and
1-15 (3) serve as an insurer of last resort as provided
1-16 under Article 5.76-4 of this code.
1-17 SECTION 2. Section 13(c), Article 5.76-3, Insurance Code, is
1-18 amended as follows:
1-19 (c) Money in the fund shall be paid from the fund, without
1-20 legislative appropriation, on vouchers approved by the board. That
1-21 money shall be held [exclusively] for the purposes stated in this
2-1 article, but on the approval of the Commissioner of Insurance,
2-2 unassigned surplus funds are subject to legislative appropriations
2-3 as provided in this subsection: [and may not be used or
2-4 appropriated for any other purpose.]
2-5 (1) Unassigned surplus funds from the fund may only be
2-6 appropriated to the general revenue fund, and may not be
2-7 appropriated for any particular agency or purpose.
2-8 (2) Appropriations from the fund to the general
2-9 revenue fund are hereby made contingent on the approval of the
2-10 Commissioner of Insurance that such appropriations will not
2-11 adversely affect the financial ability of the fund to perform its
2-12 duties and responsibilities under this Article.
2-13 SECTION 3. REPORT TO THE COMPTROLLER. (a) The Commissioner
2-14 of Insurance shall report to the Governor, the Comptroller of
2-15 Public Accounts and the Legislative Budget Board on the amount of
2-16 unassigned surplus funds of the Texas Workers' Compensation
2-17 Insurance Fund which could be appropriated to the general revenue
2-18 fund during the Fiscal Year 2000-2001 biennium which would not
2-19 adversely affect the financial ability of the fund to perform its
2-20 duties and responsibilities under this Article.
2-21 (b) The Commissioner shall make the report required in
2-22 Section (a) of this section no later than 10 days after the
2-23 effective date of this Act, but in no event later than May 3, 1999.
2-24 SECTION 4. EMERGENCY. The importance of this legislation
2-25 and the crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.