Tex. Lab. Code § 403.003 · Chapter 403. DIVISION FINANCING
RATE OF SURCHARGE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commissioner of insurance shall set and certify to the comptroller the rate of the surcharge, taking into account:
(1) any expenditure projected as necessary for the division and the office of injured employee counsel to:
(A) administer this subtitle during the fiscal year for which the rate of assessment is set; and
(B) reimburse the general revenue fund as provided by Section 201.052, Insurance Code;
(2) projected employee benefits paid from general revenues;
(3) a surplus or deficit produced by the surcharge in the preceding year;
(4) revenue recovered from other sources, including reappropriated receipts, grants, payments, fees, gifts, and penalties recovered under this subtitle; and
(5) expenditures projected as necessary to support the prosecution of workers' compensation insurance fraud.
(b) In setting the rate of assessment, the commissioner of insurance may not consider revenue or expenditures related to:
(1) the State Office of Risk Management;
(2) the workers' compensation research functions of the department under Chapter 405; or
(3) any other revenue or expenditure excluded from consideration by law.
Notes and commentary — not statutory text
History
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.45(a), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1098, Sec. 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1443, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.011, eff. September 1, 2005.
Acts 2025, 89th Leg., R.S., Ch. 358 (S.B. 1455), Sec. 16, eff. January 1, 2026.
Acts 2025, 89th Leg., R.S., Ch. 358 (S.B. 1455), Sec. 17, eff. January 1, 2026.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LA/htm/LA.403.htm
- Text hash
- sha256 c1695cd3b6ea8aee2262a8ce7852e7965561696c26a873d209def38f303127cf
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Lab. Code § 403.003. Each shows the citation as that text prints it.
Labor Code
- Tex. Lab. Code § 403.002SURCHARGES.Printed as Section 403.003
- Tex. Lab. Code § 403.005SURCHARGE RATE.Printed as Section 403.003
- Tex. Lab. Code § 403.007FUNDING OF SUBSEQUENT INJURY FUND.Printed as Sections 403.002 and 403.003
- Tex. Lab. Code § 407.103SELF-INSURER SURCHARGE; EFFECT ON GENERAL SURCHARGE.Printed as Sections 403.002 and 403.003
- Tex. Lab. Code § 407A.301SURCHARGE FOR DIVISION AND RESEARCH FUNCTIONS OF DEPARTMENT.Printed as Sections 403.002 and 403.003
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.