1. (a) The commissioner of insurance shall set and certify to the comptroller the rate of the surcharge, taking into account:

   1. (1) any expenditure projected as necessary for the division and the office of injured employee counsel to:

      1. (A) administer this subtitle during the fiscal year for which the rate of assessment is set; and
      2. (B) reimburse the general revenue fund as provided by Section 201.052, Insurance Code;
   2. (2) projected employee benefits paid from general revenues;
   3. (3) a surplus or deficit produced by the surcharge in the preceding year;
   4. (4) revenue recovered from other sources, including reappropriated receipts, grants, payments, fees, gifts, and penalties recovered under this subtitle; and
   5. (5) expenditures projected as necessary to support the prosecution of workers' compensation insurance fraud.

2. (b) In setting the rate of assessment, the commissioner of insurance may not consider revenue or expenditures related to:

   1. (1) the State Office of Risk Management;
   2. (2) the workers' compensation research functions of the department under Chapter 405; or
   3. (3) any other revenue or expenditure excluded from consideration by law.

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.

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.