Journal of the Senate of Texas: 83rd Legislature, Regular Session, Tuesday, May 7, 2013 Page: 1,563
This legislative document is part of the collection entitled: Texas State Publications and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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(a-2) If the client elects to maintain workers' compensation insurance coverage
for the covered employees under the client's policy or other coverage, the client shall
pay workers' compensation insurance premiums for the covered employees based on
the experience rating of the client.
(b) If a license holder maintains workers' compensation insurance coverage for
covered employees, the license holder shall pay workers' compensation insurance
premiums for the covered employees based on the experience rating of the client
[ee pay] for the first two years the covered employees are covered under the
professional employer organization's policy [i
4eense-helder] and as further provided by rule by the Texas Department of Insurance.
(c) For workers' compensation insurance purposes, a license holder and the
license holder's client [ee pa*y] shall be coemployers. If either a license holder or a
client elects to obtain workers' compensation insurance coverage for covered
employees, the client [ee pay] and the license holder are subject to Sections
406.005, 406.034, [&id] 408.001, and 411.032.
(c-1) Notwithstanding Subsection (c), for purposes of Section 462.308(a)(2),
Insurance Code, the client is considered to be the insured employer.
(d) If a license holder or a client does not elect to obtain workers' compensation
insurance coverage for covered employees, both the license holder and the client
[eeipay] are subject to Sections 406.004, 406.005, [ate] 406.033, and 411.032.
(e) After the expiration of the two-year period under Subsection (b), if the client
elects to obtain [company-obtais-a-new] workers' compensation insurance coverage
for covered employees through coverage maintained by the client, or if the
professional employer services agreement is terminated and the client elects to
maintain, through coverage maintained by the client or through coverage maintained
by a successor professional employer organization, workers' compensation insurance
coverage for employees previously covered by the former professional employer
organization's policy [pl''
], the premium for the workers'
compensation insurance coverage for the client [poliy of-the-ecmpany] shall be based
on the lower of:
(1) the experience modifier of the client [ee paiy] before being covered
under the professional employer organization's coverage [n t c
lcaga-rgengment]; or
(2) the experience modifier of the license holder at the time the client's
coverage under the professional employer organization's coverage is [ aff-leig
amgeiei] terminated.
(f) On request, an insurer [thc ] shall provide the
necessary computations to the prospective workers' compensation insurer of the client
[ee pay] to comply with Subsection (e).
(g) On the written request of a client [ee paty], a license holder that elects to
provide workers' compensation insurance for covered [ esigte4] employees shall
provide to the client [eeifpay] a list of:
(1) claims associated with that client [ee pay] made against the license
holder's workers' compensation policy; and
(2) payments made and reserves established on each claim.Tuesday, May 7, 2013
SENATE JOURNAL
1563
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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/m1/59/?q=%22%22~1: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.