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.