Journal of the Senate of Texas: 83rd Legislature, Regular Session, Tuesday, May 7, 2013 Page: 1,562
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(6) authority for the commissioner to examine an application or a plan;
(7) the minimum number of clients and covered employees covered by the
plan;
(8) standards for those natural persons managing the plan;
(9) the minimum amount of gross contributions;
(10) the minimum amount of written commitment, binder, or policy for
stop-loss insurance;
(11) the minimum amount of reserves; and
(12) a fee in an amount reasonable and necessary to defray the costs of
administering this section to be deposited to the credit of the operating fund of the
Texas Department of Insurance.
(d) Information submitted under this section is confidential and not subject to
disclosure under Chapter 552, Government Code.
(e) Each license holder under this section shall appoint the commissioner as its
resident agent for purposes of service of process. The fee for that service is $50,
payable at the time of appointment.
(f) The commissioner may examine the affairs of any plan and shall have access
to the records of the plan. The commissioner may examine under oath a manager or
employee of the license holder in connection with the plan.
(g) In addition to any requirement or remedy under a law, the commissioner may
suspend, revoke, or limit the authorization of a plan if the commissioner determines,
after notice and hearing, that the plan does not comply with this section. The
commissioner may notify the attorney general of a violation of this section, and the
attorney general may apply to a district court in Travis County for leave to file suit in
the nature of quo warranto or for injunctive relief or both.
(h) A plan under this section is subject to Chapters 401, 404, 441, and 443,
Insurance Code.
SECTION 17. Section 91.042, Labor Code, is amended by amending
Subsections (a) through (h) and adding Subsections (a-1), (a-2), and (c-1) to read as
follows:
(a) A license holder or client may elect to obtain workers' compensation
insurance coverage for covered [the licznsz holder's i ] employees through an
insurance company as defined under Section 401.011(28) or through self-insurance as
provided under Chapter 407.
(a-1) The client and the professional employer organization shall specify in the
professional employer services agreement whether the parties have elected to obtain
workers' compensation insurance coverage for the covered employees and shall
specify which party must maintain coverage. If the license holder maintains workers'
compensation insurance coverage for the client, an individual who is an executive
employee, as described by Section 406.097, of the client is eligible to be treated as an
executive employee for premium calculation and classification purposes. A copy of
the professional employer services agreement must be provided to the Texas
Department of Insurance on request. Information obtained by the Texas Department
of Insurance under this section is confidential and not subject to disclosure under
Chapter 552, Government Code.1562
83rd Legislature- Regular Session
54th Day
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Texas. Legislature. Senate. Journal of the Senate of Texas: 83rd Legislature, Regular Session, Tuesday, May 7, 2013, legislative document, May 7, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth640927/m1/58/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.