(a) To be eligible for a certificate of authority to self-insure, an applicant for an initial or renewal certificate must present evidence satisfactory to the commissioner and the association of sufficient financial strength and liquidity, under standards adopted by the commissioner, to ensure that all workers’ compensation obligations incurred by the applicant under this chapter are met promptly.
(b) The applicant must:
(1) be a business entity, or one of the consolidated subsidiaries of the entity, that is required to register under the Securities Act of 1933 (15 U.S.C. Section 77a et seq.) and furnish financial information prepared in accordance with the requirements for those business entities; or
(2) annually furnish audited financial statements comparable in form and manner of preparation to those filed by a business entity required to register under the Securities Act of 1933 (15 U.S.C. Section 77a et seq.).
(c) The applicant must present a plan for claims administration that:
(1) is acceptable to the commissioner;
(2) designates a qualified claims servicing contractor; and
(3) complies with Chapter 4151, Insurance Code.
(d) The applicant must demonstrate the existence of an effective safety program for each location in the state at which it conducts business.
(e) The applicant must provide to the commissioner a copy of each contract entered into with a person that provides claims services, underwriting services, or accident prevention services if the provider of those services is not an employee of the applicant. The contract must be acceptable to the commissioner and must be submitted in a standard form adopted by the commissioner, if the commissioner adopts such a form.
(f) The commissioner shall adopt rules for the requirements for the financial statements required by Subsection (b)(2).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), § 3.050, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), § 3.03, eff. September 1, 2007.