(a) Each certified self-insurer shall pay a self-insurer maintenance tax for the administration of the division and the office of injured employee counsel and to support the prosecution of workers’ compensation insurance fraud in this state. Not more than two percent of the total tax base of all certified self-insurers, as computed under Subsection (b), may be assessed for a maintenance tax under this section.

(b) To determine the tax base of a certified self-insurer for purposes of this chapter, the department shall multiply the amount of the certified self-insurer’s liabilities for workers’ compensation claims incurred in the previous year, including claims incurred but not reported, plus the amount of expense incurred by the certified self-insurer in the previous year for administration of self-insurance, including legal costs, by 1.02.

(c) The tax liability of a certified self-insurer under this section is the tax base computed under Subsection (b) multiplied by the rate assessed workers’ compensation insurance companies under Sections 403.002 and 403.003.

(d) In setting the rate of maintenance tax assessment for insurance companies, the commissioner of insurance may not consider revenue or expenditures related to the operation of the self-insurer program under this chapter.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, § 1.22, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1443, § 6, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 265, § 3.061, eff. Sept. 1, 2005.

Effective January 1, 2026

(a) Each certified self-insurer shall pay a self-insurer surcharge for the administration of the division and the office of injured employee counsel and to support the prosecution of workers’ compensation insurance fraud in this state. Not more than two percent of the total surcharge base of all certified self-insurers, as computed under Subsection (b), may be assessed for a surcharge under this section.

(b) To determine the surcharge base of a certified self-insurer for purposes of this chapter, the department shall multiply the amount of the certified self-insurer’s liabilities for workers’ compensation claims incurred in the previous year, including claims incurred but not reported, plus the amount of expense incurred by the certified self-insurer in the previous year for administration of self-insurance, including legal costs, by 1.02.

(c) The surcharge liability of a certified self-insurer under this section is the surcharge base computed under Subsection (b) multiplied by the rate assessed workers’ compensation insurance companies under Sections 403.002 and 403.003, as limited by Section 255.002(a), Insurance Code.

(d) In setting the rate of the surcharge for insurance companies, the commissioner of insurance may not consider revenue or expenditures related to the operation of the self-insurer program under this chapter.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, § 1.22, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1443, § 6, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 265, § 3.061, eff. Sept. 1, 2005; Acts 2025, 89th Leg., ch. ___, § ___, eff. Jan. 1, 2026.