LABOR CODE

CHAPTER 405. WORKERS' COMPENSATION RESEARCH


	§ 405.001.  DEFINITION.  In this chapter, "department" 
means the Texas Department of Insurance.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.


	§ 405.002.  WORKERS' COMPENSATION RESEARCH DUTIES OF 
DEPARTMENT.  (a)  The department shall conduct professional 
studies and research related to:
		(1)  the delivery of benefits;                                                
		(2)  litigation and controversy related to workers' 
compensation;           
		(3)  insurance rates and rate-making procedures;                              
		(4)  rehabilitation and reemployment of injured 
workers;                    
		(5)  workplace health and safety issues;                                      
		(6)  the quality and cost of medical benefits;  and                           
		(7)  other matters relevant to the cost, quality, and 
operational effectiveness of the workers' compensation system.
	(b)  The department may apply for and spend grant funds to 
implement this chapter.
	(c)  The department shall ensure that all research reports 
prepared under this chapter or by the former Research and Oversight 
Council on Workers' Compensation are accessible to the public 
through the Internet to the extent practicable.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.


	§ 405.003.  FUNDING;  MAINTENANCE TAX.  (a)  The 
department's duties under this chapter are funded through the 
assessment of a maintenance tax collected annually from all 
insurance carriers, and self-insurance groups that hold 
certificates of approval under Chapter 407A, except governmental 
entities.
	(b)  The department shall set the rate of the maintenance tax 
based on the expenditures authorized and the receipts anticipated 
in legislative appropriations.  The tax rate for insurance 
companies may not exceed one-tenth of one percent of the correctly 
reported gross workers' compensation insurance premiums.  The tax 
rate for certified self-insurers may not exceed one-tenth of one 
percent of the total tax base of all certified self-insurers, as 
computed under Section 407.103(b).  The tax rate for self-insurance 
groups described by Subsection (a) may not exceed one-tenth of one 
percent of the group's gross premium for the group's retention, 
excluding premium collected by the group for excess insurance.
	(c)  The tax imposed under Subsection (a) is in addition to 
all other taxes imposed on those insurance carriers for workers' 
compensation purposes.
	(d)  The tax on insurance companies and on self-insurance 
groups described by Subsection (a) shall be assessed, collected, 
and paid in the same manner and at the same time as the maintenance 
tax established for the support of the department under Article 
5.68, Insurance Code.  The tax on certified self-insurers shall be 
assessed, collected, and paid in the same manner and at the same 
time as the self-insurer maintenance tax collected under Section 
407.104.
	(e)  Amounts received under this section shall be deposited 
in the state treasury in accordance with Article 5.68(e), Insurance 
Code, to be used:
		(1)  for the operation of the department's duties under 
this chapter;  and  
		(2)  to reimburse the general revenue fund in 
accordance with Article 4.19, Insurance Code.
	(f)  Section 403.095, Government Code, does not apply in 
relation to amounts received under this section or to any special 
account into which the amounts are deposited.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.


	§ 405.004.  COORDINATION WITH OTHER STATE AGENCIES;  
CONFIDENTIALITY.  (a)  As required to fulfill the department's 
objectives under this chapter, the department is entitled to access 
to the files and records of:
		(1)  the commission;                                                          
		(2)  the Texas Workforce Commission;                                          
		(3)  the Texas Department of Human Services;                                  
		(4)  the State Office of Risk Management;  and                                
		(5)  other state agencies.                                                    
	(b)  A state agency shall assist and cooperate in providing 
information to the department.
	(c)  Information that is confidential under state law is 
accessible to the department under rules of confidentiality and 
remains confidential.
	(d)  The identity of an individual or entity selected to 
participate in a department survey or who participates in such a 
survey is confidential and is not subject to public disclosure 
under Chapter 552, Government Code.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.