Amend CSHB 2095 as follows:                                                  
	(1)  In SECTION 1 of the bill, in added Section 407A.053(c), 
Labor Code (page 4, line 23, Senate committee printing), strike 
"not to exceed $300,000" and substitute "equal to the greater of 
$300,000 or 25 percent of the group's total incurred liabilities 
for workers' compensation".
	(2)  In SECTION 1 of the bill, in added Subchapter H, Chapter 
407A, Labor Code (page 9, between lines 10 and 11, Senate committee 
printing), insert the following new Sections 407A.356 and 407A.357:
	Sec. 407A.356.  GUARANTY MECHANISM. (a) In the event of a 
liquidation under Section 407A.355, after exhausting the security 
required under Section 407A.053 and levying an assessment against 
the members of an insolvent group under Section 407A.355(g), the 
commissioner shall levy an assessment against all groups as 
necessary to ensure prompt payment of:
		(1)  benefits; and                                                     
		(2)  expenses related to payment of benefits.                          
	(b)  The assessment under this section on each group shall be 
based on the proportion that the premium of each group bears to the 
total premium of all groups.
	(c)  The commissioner may exempt a group from assessment 
under this section on a determination that the payment of the 
assessment would render the group insolvent.
	(d)  The assessment under this section does not relieve any 
member of an insolvent group of its joint and several liability.
	(e)  Subject to Section 407A.357(d), this section expires on 
creation of the Texas Group Self-Insurance Guaranty Association 
under Section 407A.357.
	Sec. 407A.357. TEXAS GROUP SELF-INSURANCE GUARANTY 
ASSOCIATION; ADVISORY COMMITTEE. (a) Subject to Subsection (d), the 
Texas Group Self-Insurance Guaranty Association shall be 
established not later than January 1, 2006, based on 
recommendations from the guaranty association advisory committee 
established under Subsection (b).  The guaranty association shall 
provide for the payment of workers' compensation insurance benefits 
and expenses related to payment of those benefits for the injured 
employees of an insolvent group.
	(b)  The guaranty association advisory committee is composed 
of the following voting members:
		(1)  three members who represent different groups under 
this chapter, subject to Subsection (c);
		(2)  one commission member who represents wage earners;                
		(3)  one member designated by the commissioner; and                    
		(4)  the public counsel of the office of public 
insurance counsel.   
	(c)  If three groups under this chapter have not been 
established by July 1, 2004, the advisory committee shall include 
representatives of any certified groups, and the commissioner shall 
choose the remaining voting members under Subsection (b)(1):
		(1)  from members of a bona fide trade association in 
this state that is eligible for and has applied for a certificate of 
approval; or
		(2)  if an association described by Subdivision (1) 
does not exist as of July 1, 2004, from any association in this 
state representing employers in the same or a similar business that 
has been in existence for at least five years for purposes other 
than obtaining insurance coverage.
	(d)  If the advisory committee under this section recommends 
that a guaranty association not be created, the guaranty mechanism 
under Section 407A.356 continues in effect.