The Laws of Texas, 1913-1914 [Volume 16] Page: 447 of 1,574
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GEN1ERAL LAWS. 437
oral or written, except one whose employment is but casual, or is not inthe
usual course of the trade, business, profession or occupation of theemployer.
Any reference to any employee who has been injured shall..
when the employee is dead, also include the legal beneficiaries of suchemployee
to whom compensation may be payable. "Average Weekly
Wages" shall mean the earnings of the injured employee during the,
period of twelve calendar months immediately preceding the date of in-jury
divided by fifty-two; but. if the injured employee lost more than
two weeks during such period, then the earnings for the remainder of thetwelve
calendar months shall be divided by the number of weeks remaining
after time last [lost] has been deducted. When, by reason of the shortness
of the time of the employment of the employee, it is impracticable to,
compute the average weekly wages as above defined, it shall be computed
by the Industrial Accident Board in any manner which may seem just
and fair to both parties. "Association" shall mean the "Texas Employees
Insurance Association," or any other insurance company authorized under
this Act to insure the payment of compensation to injured employees, or
to the. beneficiaries of deceased employees. "Subscriber" shall mean any
employer who has become a member of the Association by paying a year's
premium in advance and received the receipt of the Association therefor,
provided, that the Association holds a license issued by the Commissioner
of Banking and Insurance as provided for in Part III, Section 12 of
this Act.
SEC. 2. Any insurance company, which term shall include mutual
and reciprocal insurance companies lawfully transacting a liability or accident
business within this State, shall have the same right to insure the
liability to pay the compensation provided for by Part One of this Act,
and when such company issues a policy conditioned to pay such compensation
the holder of such policy shall be regarded as a subscriber so
far as applicable under this Act; and when such company insures such
payment of compensation it shall be subject to the provisions of Parts
One, Two and Four and of Sections 10, 17 and 21 of Part Three of this
Act, and shall file with the Commissioner of Banking and Insurance its
classification of premiums none of which shall take effect until the Commissioner
of Banking and Insurance has approved same as adequate to
the risks to which they respectively apply and not greater than charged
by the Association, and such company may have and exercise all of the
rights and powers conferred by this Act on the Association created hereby
but such rights and powers shall not be exercised by a mutual or reciprocal
organization unless such organization has at least fifty subscribers,
who have not less than two thousand employees.
SEC. 3. Any subscriber who has paid his annual premium as provided
in Section I, Part Four of this Act, but who ceases to be an employer
after three months and before the expiration of one year, may by
satisfactory proof of such fact made to the Industrial Accident Board as
herein created be entitled to a refund of such portion of the annual
premium so paid by him as the portion of the year in which he is not an
employer bears to the whole year, provided that in no event shall more
than three-fourths of the annual premium by any subscriber who claims
the benefit of this refund, ever be refunded.
SEC. 4. Should any part of this Act be, for any reason held to be
invalid or inoperative, no other part or parts shall be affected thereby,
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1913-1914 [Volume 16], book, 1914; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth10838/m1/447/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .