Texas Labor Code -CHAPTER 412. STATE OFFICE OF RISK MANAGEMENT
Texas Workers Compensation Act
Title 5 - Texas Labor Code - Chapters 401-506
TABLE OF CONTENTS
LABOR CODE
CHAPTER 412. STATE OFFICE OF RISK MANAGEMENT
SUBCHAPTER A. GENERAL PROVISIONS
§ 412.001. DEFINITIONS. In this chapter:
(1) "Board" means the risk management board.
(2) "Director" means the executive director of the
office.
(3) "Office" means the State Office of Risk
Management.
(4) "State agency" means a board, commission,
department, office, or other agency in the executive, judicial, or
legislative branch of state government that has five or more
employees, was created by the constitution or a statute of this
state, and has authority not limited to a specific geographical
portion of the state.
Amended by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1,
1997.
SUBCHAPTER B. OFFICE
§ 412.011. POWERS AND DUTIES OF OFFICE. (a) The State
Office of Risk Management shall administer insurance services
obtained by state agencies, including the government employees
workers' compensation insurance program and the state risk
management programs.
(b) The office shall:
(1) operate as a full-service risk manager and
insurance manager for state agencies as provided by Subsection (c);
(2) maintain and review records of property, casualty,
or liability insurance coverages purchased by or for a state
agency;
(3) administer the program for the purchase of surety
bonds for state officers and employees as provided by Chapter 653,
Government Code;
(4) administer guidelines adopted by the board for a
comprehensive risk management program applicable to all state
agencies to reduce property and liability losses, including
workers' compensation losses;
(5) review, verify, monitor, and approve risk
management programs adopted by state agencies;
(6) assist a state agency that has not implemented an
effective risk management program to implement a comprehensive
program that meets the guidelines established by the board;
(7) administer the workers' compensation insurance
program for state employees established under Chapter 501; and
(8) provide risk management services for employees of
community supervision and corrections departments established
under Chapter 76, Government Code, as if the employees were
employees of a state agency.
(c) The office shall:
(1) perform risk management for each state agency
subject to Chapter 412; and
(2) purchase insurance coverage for a state agency
subject to Chapter 501, except for an institution subject to
Section 501.022, under any line of insurance other than health or
life insurance, including liability insurance authorized under
Chapter 612, Government Code.
(d) The board by rule shall develop an implementation
schedule for the purchase under this section of insurance for state
agencies by the office. The board shall phase in, by line of
insurance, the requirement that a state agency purchase coverage
only through the office.
(e) A state agency subject to Chapter 501, except for an
institution subject to Section 501.022, may not purchase property,
casualty, or liability insurance coverage without the approval of
the board.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1017, § 1.01, eff. Sept. 1,
2002; Acts 2003, 78th Leg., ch. 527, § 1, eff. Sept. 1, 2003.
§ 412.0111. AFFILIATION WITH OFFICE OF ATTORNEY
GENERAL.. The office is administratively attached to the office of
the attorney general and the office of the attorney general shall
provide the facilities for the office, but the office shall be
independent of the office of the attorney general's direction.
Added by Acts 2001, 77th Leg., ch. 1017, § 1.02, eff. Sept. 1,
2002. Redesignated from V.T.C.A., Labor Code § 412.011(c).
§ 412.012. FUNDING.
Text of section as amended by Acts 2001, 77th Leg., ch. 559, § 1
and Acts 2001, 77th Leg., ch. 1456, § 14.01
The office shall be administered through money appropriated
by the legislature and through the allocation program for the
financing of state workers' compensation benefits and risk
management costs.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 559, § 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1456, § 14.01, eff. June 17, 2001.
For text of section as amended by Acts 2001, 77th Leg., ch. 1017,
§ 1.02, eff. Sept. 1, 2002, see § 412.012, post.
§ 412.012. FUNDING.
Text of section as amended by Acts 2001, 77th Leg., ch. 1017, §
1.02
The office shall be administered through money appropriated
by the legislature and through:
(1) interagency contracts for purchase of insurance
coverage and the operation of the risk management program; and
(2) the allocation program for the financing of state
workers' compensation benefits.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1017, § 1.02, eff. Sept. 1,
2002.
For text of section as amended by Acts 2001, 77th Leg., ch. 559,
§ 1, and Acts 2001, 77th Leg., ch. 1456, § 14.01, see §
412.012, ante.
§ 412.0121. INTERAGENCY CONTRACTS.
Text of section as renumbered from V.T.C.A., Labor Code §
412.012(b) and amended by Acts 2001, 77th Leg., ch. 559, § 1 and
Acts 2001, 77th Leg., ch. 1456, § 14.01
(a) Each state agency shall enter into an interagency
contract with the office under Chapter 771, Government Code, to pay
the costs incurred by the office in administering this chapter for
the benefit of that state agency.
(b) Costs payable under the contract include the cost of:
(1) services of office employees;
(2) materials; and
(3) equipment, including computer hardware and
software.
(c) The costs of risk management services provided by a
state agency under the interagency contract shall be allocated in
the same proportion and determined in the same manner as the costs
of workers' compensation.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999. Renumbered from V.T.C.A., Labor Code § 412.012(b) by Acts
2001, 77th Leg., ch. 559, § 1, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1456, § 14.01, eff. June 17, 2001.
For text of section as renumbered from V.T.C.A., Labor Code §
412.012(b) and amended by Acts 2001, 77th Leg., ch. 1017, § 1.02,
eff. Sept. 1, 2002, see § 412.0121, post.
§ 412.0121. INTERAGENCY CONTRACTS.
Text of section as renumbered from V.T.C.A., Labor Code §
412.012(b) and amended by Acts 2001, 77th Leg., ch. 1017, § 1.02
(a) Each state agency shall enter into an interagency
contract with the office under Chapter 771, Government Code, to pay
the costs incurred by the office in administering this chapter for
the benefit of that state agency.
(b) Costs payable under the contract include the cost of:
(1) services of office employees;
(2) materials; and
(3) equipment, including computer hardware and
software.
(c) The amount of the costs to be paid by a state agency
under the interagency contract is based on:
(1) the number of employees of the agency compared
with the total number of employees of all state agencies to which
this chapter applies;
(2) the dollar value of the agency's property and asset
and liability exposure compared to that of all state agencies to
which this chapter applies; and
(3) the number and aggregate cost of claims and losses
incurred by the state agency compared to those incurred by all state
agencies to which this chapter applies.
(d) The board may by rule establish the formula for
allocating the cost of this chapter in an interagency contract in a
manner that gives consideration to the factors in Subsection (c)
and any other factors it deems relevant, including an agency's risk
management expenditures, unique risks, and established programs.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999. Renumbered from V.T.C.A., Labor Code § 412.012(b) and
amended by Acts 2001, 77th Leg., ch. 1017, § 1.02, eff. Sept. 1,
2002.
For text of section as renumbered from V.T.C.A., Labor Code §
412.012(b) and amended by Acts 2001, 77th Leg., ch. 559, § 1,
eff. Sept. 1, 2001 and Acts 2001, 77th Leg., ch. 1456, § 14.01,
eff. June 17, 2001, see § 412.0121, ante.
§ 412.0122. STATE SELF-INSURING FOR WORKERS'
COMPENSATION.
Text of section as renumbered from V.T.C.A., Labor Code §
412.012(c) and amended by Acts 2001, 77th Leg., ch. 559, § 1, and
Acts 2001, 77th Leg., ch. 1456, § 14.01
The state is self-insuring with respect to an employee's
compensable injury.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999. Renumbered from V.T.C.A., Labor Code § 412.012(c) and
amended by Acts 2001, 77th Leg., ch. 559, § 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1456, § 14.01, eff. June 17,
2001.
For text of section as renumbered from V.T.C.A., Labor Code §
412.012(c) and amended by Acts 2001, 77th Leg., ch. 1017, § 1.02,
eff. Sept. 1, 2002, see § 412.0122, post.
§ 412.0122. STATE SELF-INSURING FOR WORKERS'
COMPENSATION.
Text of section as renumbered from V.T.C.A., Labor Code §
412.012(c) and amended by Acts 2001, 77th Leg., ch. 1017, § 1.02
(a) The state is self-insuring with respect to an employee's
compensable injury.
(b) The legislature shall appropriate the amount designated
by the appropriation structure for the payment of state workers'
compensation claims costs to the office. This section does not
affect the reimbursement of claims costs by funds other than
general revenue funds, as provided by the General Appropriations
Act.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999. Renumbered from V.T.C.A., Labor Code § 412.012(c) and
amended by Acts 2001, 77th Leg., ch. 1017, § 1.02, eff. Sept. 1,
2002.
For text of section as renumbered from V.T.C.A., Labor Code §
412.012(c) and amended by Acts 2001, 77th Leg., ch. 559, § 1, and
Acts 2001, 77th Leg., ch. 1456, § 14.01, see § 412.0122, ante.
§ 412.0123. ALLOCATION OF WORKERS' COMPENSATION AND RISK
MANAGEMENT COSTS; RISK REWARD PROGRAM.
Text of section as added by Acts 2001, 77th Leg., ch. 559, § 1,
and Acts 2001, 77th Leg., ch. 1456, § 14.01
Text of subsec. (a) as added by Acts 2001, 77th Leg., ch. 559, § 1
(a) The office shall establish an allocation program for the
payment of workers' compensation claims and risk management
services that are incurred by a state agency subject to Chapter 501.
Text of subsec. (a) as added by Acts 2001, 77th Leg., ch. 1456, §
14.01
(a) The office shall establish a risk reward the payment of
workers' compensation claims and risk management services that are
incurred by a state agency subject to Chapter 501.
(b) The office shall establish a formula for allocating the
state's workers' compensation costs among covered agencies based on
the claims experience of each agency, the current and projected
size of each agency's workforce, each agency's payroll, the related
costs incurred in administering claims, and other factors that the
office determines to be relevant. The agency may provide modifiers
to the formula to promote the effective implementation of risk
management programs by state agencies.
(c) The board has final authority to determine the
assessments to be paid by the covered agencies.
Added by 2001, 77th Leg., ch. 559, § 1, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1456, § 14.01, eff. June 17, 2001.
For text of section as renumbered from V.T.C.A., Labor Code §
412.012(d) by Acts 2001, 77th Leg., ch. 1017, § 1.02, eff. Sept.
1, 2002, see § 412.0123, post.
§ 412.0123. DEPOSIT OF WORKERS' COMPENSATION SUBROGATION
RECOVERIES.
Text of section as renumbered from V.T.C.A., Labor Code §
412.012(d) by Acts 2001, 77th Leg., ch. 1017, § 1.02
(a) All money recovered by the director from a third party
through subrogation shall be deposited into the state workers'
compensation account in general revenue.
(b) Funds deposited under this section may be used for the
payment of workers' compensation benefits to state employees.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999. Renumbered from V.T.C.A., Labor Code § 412.012(d) and
amended by Acts 2001, 77th Leg., ch. 1017, § 1.02, eff. Sept. 1,
2002.
For text of section, as added by Acts 2001, 77th Leg., ch. 559, §
1, and Acts 2001, 77th Leg., ch. 1456, § 14.01, see §
412.0123, ante.
§ 412.0124. DEPOSIT OF WORKERS' COMPENSATION SUBROGATION
RECOVERIES.. All money recovered by the director from a third
party through subrogation shall be deposited into the state
workers' compensation account in general revenue.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 4, eff. Sept. 1,
1999. Renumbered from V.T.C.A., Labor Code § 412.012(d) and
amended by Acts 2001, 77th Leg., ch. 1456, § 14.01, eff. June 17,
2001; Acts 2001, 77th Leg., ch. 559, § 1, eff. Sept. 1, 2001.
SUBCHAPTER C. BOARD
§ 412.021. RISK MANAGEMENT BOARD. (a) The office is
governed by the risk management board. Members of the board must
have demonstrated experience in the fields of:
(1) insurance and insurance regulation;
(2) workers' compensation; and
(3) risk management administration.
(b) The board is composed of five members appointed by the
governor.
(c) Members of the board hold office for staggered terms of
six years with one or two members' terms expiring February 1 of each
odd-numbered year. A member appointed to fill a vacancy shall hold
office for the remainder of that term.
(d) The governor shall designate one member of the board as
presiding officer. The presiding officer shall serve in that
capacity for a two-year term.
(e) The board is subject to Chapters 552 and 2001,
Government Code.
(f) The risk management board is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this section
expires September 1, 2007.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1017, § 1.03, eff. Sept. 1,
2002; Acts 2001, 77th Leg., ch. 1481, § 3.02, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1170, § 40.01, eff. Sept. 1,
2003.
§ 412.022. TRAINING PROGRAM FOR BOARD MEMBERS. (a) To be
eligible to take office as a member of the board, a person appointed
to the board must complete at least one course of a training program
that complies with this section. If the course has not been
completed at the time of the appointment, the training program is to
be completed within six months from the date of appointment,
failure of which constitutes grounds for removal from the board.
(b) A training program established under this section must
provide information to the member regarding:
(1) the enabling legislation that created the board;
(2) the program operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code; and
(C) the administrative procedure law, Chapter
2001, Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1017, § 1.04, eff. Sept. 1,
2002.
§ 412.023. EFFECT OF LOBBYING ACTIVITY. A person may not
serve as a member of the board or act as the general counsel to the
board if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession that is regulated by or
that has fees regulated by the board.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
§ 412.024. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
ground for removal from the board if a member:
(1) does not have at the time of appointment the
qualifications required for appointment to the board other than the
requirements of Section 412.022;
(2) does not maintain during service on the board the
qualifications required for appointment to the board;
(3) violates a prohibition established by Section
412.023;
(4) cannot because of illness or incapacity discharge
the member's duties for a substantial part of the term for which the
member is appointed; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year.
(b) If the director knows that a potential ground for
removal exists, the director shall notify the presiding officer of
the board of the potential ground. The presiding officer shall then
notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the presiding officer, the director shall notify the next
highest officer of the board, who shall notify the governor and the
attorney general that a potential ground for removal exists.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF BOARD
§ 412.031. RULEMAKING AUTHORITY. The board shall adopt
rules as necessary to implement this chapter and Chapter 501,
including rules relating to reporting requirements for a state
agency.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
§ 412.032. BOARD'S REPORT TO LEGISLATURE. (a) Based on
the recommendations of the director, the board shall report to each
legislature relating to:
(1) methods to reduce the exposure of state agencies
to the risks of property and liability losses, including workers'
compensation losses;
(2) the operation, financing, and management of those
risks; and
(3) the handling of claims brought against the state.
(b) The report must include:
(1) the frequency, severity, and aggregate amount of
open and closed claims in the preceding biennium by category of
risk, including final judgments;
(2) the identification of each state agency that has
not complied with the risk management guidelines and reporting
requirements of this chapter; and
(3) recommendations for the coordination and
administration of a comprehensive risk management program to serve
all state agencies, including recommendations for any necessary
statutory changes.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
§ 412.033. HIRING DIRECTOR. The board shall hire a
qualified person to serve as director of the office. The director
serves at the pleasure of the board.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
SUBCHAPTER E. DIRECTOR
§ 412.041. DIRECTOR DUTIES. (a) The director serves as
the state risk manager.
(b) The director shall supervise the development and
administration of systems to:
(1) identify the property and liability losses,
including workers' compensation losses, of each state agency;
(2) identify the administrative costs of risk
management incurred by each state agency;
(3) identify and evaluate the exposure of each state
agency to claims for property and liability losses, including
workers' compensation; and
(4) reduce the property and liability losses,
including workers' compensation, incurred by each state agency.
(c) In addition to other duties provided by this chapter, by
Chapter 501, and by the board, the director shall:
(1) keep full and accurate minutes of the transactions
and proceedings of the board;
(2) be the custodian of the files and records of the
board;
(3) prepare and recommend to the board plans and
procedures necessary to implement the purposes and objectives of
this chapter and Chapter 501, including rules and proposals for
administrative procedures consistent with this chapter and Chapter
501;
(4) hire staff as necessary to accomplish the
objectives of the board and may delegate powers and duties to
members of that staff as necessary;
(5) be responsible for the investigation of complaints
and for the presentation of formal complaints;
(6) attend all meetings of the board as a nonvoting
participant; and
(7) handle the correspondence of the board and obtain,
assemble, or prepare the reports and information that the board may
direct or authorize.
(d) If necessary to the administration of this chapter and
Chapter 501, the director, with the approval of the board, may
secure and provide for services that are necessary and may employ
and compensate within available appropriations professional
consultants, technical assistants, and employees on a full-time or
part-time basis.
(e) The director also serves as the administrator of the
government employees workers' compensation insurance program.
(f) In administering and enforcing Chapter 501 as regards a
compensable injury with a date of injury before September 1, 1995,
the director shall act in the capacity of employer and insurer. In
administering and enforcing Chapter 501 as regards a compensable
injury with a date of injury on or after September 1, 1995, the
director shall act in the capacity of insurer.
(g) The director shall act as an adversary before the
division and courts and present the legal defenses and positions of
the state as an employer and insurer, as appropriate.
(h) For the purposes of Subsection (f) and Chapter 501, the
director is entitled to the legal counsel of the attorney general.
(i) In administering Chapter 501, the director is subject to
the rules, orders, and decisions of the commissioner in the same
manner as a private employer, insurer, or association.
(j) The director shall:
(1) prepare for adoption by the board procedural rules
and prescribe forms necessary for the effective administration of
this chapter and Chapter 501; and
(2) prepare for adoption by the board and enforce
reasonable rules for the prevention of accidents and injuries.
(k) The director shall hold hearings on all proposed rules
and provide reasonable opportunity for the officers of state
agencies to testify at hearings on all proposed rules under this
chapter and Chapter 501.
(l) The director shall furnish copies of all rules to:
(1) the commissioner of insurance;
(2) the commissioner; and
(3) the administrative heads of all state agencies
affected by this chapter and Chapter 501.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1017, § 1.05, eff. Sept. 1,
2002; Acts 2005, 79th Leg., ch. 265, § 3.225, eff. Sept. 1,
2005.
§ 412.042. REPORTS TO THE LEGISLATURE. (a) The director
shall report to the legislature at the beginning of each regular
session regarding the services provided by the office to a state
agency subject to Chapter 501.
The report required under this subsection shall be dated
January 1 of the year in which the regular session is held and must
include:
(1) a summary of administrative expenses;
(2) a statement:
(A) showing the amount of the money appropriated
by the preceding legislature that remains unexpended on the date of
the report; and
(B) estimating the amount of that balance
necessary to administer Chapter 501 for the remainder of that
fiscal year; and
(3) an estimate, based on experience factors, of the
amount of money that will be required to administer Chapter 501 and
pay for the compensation and services provided under Chapter 501
during the next succeeding biennium.
(b) In addition to the report required under Subsection (a),
the director shall report to the legislature not later than
February 1 of each odd-numbered year regarding insurance coverage
purchased for state agencies, premium dollars spent to obtain that
coverage, and losses incurred under that coverage.
(c) On an annual basis, not later than September 30 of each
year, agencies exempt under Section 412.052 of this article shall
provide a written report to the Legislative Budget Board
identifying policies purchased under any line of insurance other
than life or health insurance. The report should include a
description of the policy, name of the insurance company, annual
premium, coverage limits, deductibles, and losses incurred under
that coverage.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 953, § 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1017, § 1.06, eff. Sept. 1,
2002.
SUBCHAPTER F. STATE AGENCIES
§ 412.051. DUTIES OF STATE AGENCIES; INSURANCE REPORTING
REQUIREMENTS. (a) Each state agency shall actively manage the
risks of that agency by:
(1) developing, implementing, and maintaining
programs designed to assist employees who sustain compensable
injuries to return to work; and
(2) cooperating with the office and the Texas
Department of Insurance in the purchase of property, casualty, and
liability lines of insurance coverage.
(b) In addition to the report required under Section
412.053, each state agency that intends to purchase property,
casualty, or liability insurance coverage in a manner other than
through the services provided by the office shall report the
intended purchase to the office in the manner prescribed by the
office. The state agency shall report the intended purchase not
later than the 30th day before the date on which the purchase of the
coverage is scheduled to occur. The office may require a state
agency to submit copies of insurance forms, policies, and other
relevant information.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1017, § 1.07, eff. Sept. 1,
2002.
§ 412.052. EXEMPTION OF CERTAIN STATE AGENCIES. This
chapter does not apply to a state agency that had medical
malpractice insurance coverage, workers' compensation insurance
coverage, or other self-insurance coverage with associated risk
management programs before January 1, 1989.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
§ 412.053. ANNUAL REPORT BY STATE AGENCY. (a) Each state
agency shall report to the director for each fiscal year:
(1) the location, timing, frequency, severity, and
aggregate amounts of losses by category of risk, including open and
closed claims and final judgments;
(2) loss information obtained by the state agency in
the course of its administration of the workers' compensation
program;
(3) detailed information on existing and potential
exposure to loss, including property location and values,
descriptions of agency operations, and estimates of maximum
probable and maximum possible losses by category of risk;
(4) estimates by category of risk of losses incurred
but not reported;
(5) information the director determines necessary to
prepare a Texas Workers' Compensation Unit Statistical Report; and
(6) additional information that the director
determines to be necessary.
(b) The information shall be reported not later than the
60th day before the last day of each fiscal year.
Added by Acts 1997, 75th Leg., ch. 1098, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1017, § 1.08, eff. Sept. 1,
2002.
