Tex. Labor Code Section 407A.455
Board General Powers and Duties


(a)

The board shall:

(1)

create and maintain a trust fund for payment of the workers’ compensation liabilities of an insolvent group;

(2)

hire staff as necessary;

(3)

provide recommendations to the commissioner regarding rules or guidelines applicable to groups;

(4)

receive reports from the department on the financial condition of groups, including examination and audit reports;

(5)

engage consulting experts as necessary to review information provided by or filed with the department to ensure financial solvency of groups under this chapter;

(6)

provide advisory recommendations to the commissioner as necessary regarding an applicant’s compliance with Subchapter B relating to application requirements for certification; and

(7)

take action, in response to a finding by the commissioner that a group is insolvent, to use the trust fund’s resources to ensure the payment of the group’s valid workers’ compensation claims and related administrative expenses.

(b)

The board shall control all amounts in the trust fund, including investment of those amounts.

(c)

The guaranty fund may not disclose confidential information received from the department in a financial report under Subsection (a)(4), including an examination or audit report. Information received from the department remains confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code.

(d)

The board may make recommendations under Subsection (a)(6) outside of regular board meetings.
Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.

Source: Section 407A.455 — Board General Powers and Duties, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­407A.­htm#407A.­455 (accessed May 18, 2024).

407A.001
Definitions
407A.002
Application of Chapter
407A.003
Merger of Groups
407A.004
Group Not Insurer
407A.005
Certificate of Approval Required
407A.006
Service of Process
407A.007
Hearings
407A.008
Rules
407A.009
Certificate of Authority Required for Certain Administrators and Service Companies
407A.051
Application for Initial Certificate of Approval
407A.052
Issuance of Certificate of Approval
407A.053
Financial Requirements
407A.054
Excess Insurance Requirements
407A.055
Premium Requirements
407A.056
Indemnity Agreement Requirements
407A.057
Additional Performance Bond Requirements
407A.101
Certificate of Approval
407A.151
Board Membership
407A.152
Board General Powers and Duties
407A.153
Prohibited Activities
407A.154
Group Funds
407A.201
Admission of Employer as Member
407A.251
Financial Statement
407A.252
Examination
407A.301
Maintenance Tax for Division and Research Functions of Department
407A.302
Maintenance Tax for Department
407A.303
Collection and Payment of Taxes
407A.304
Premium Tax
407A.351
Rates
407A.352
Audits
407A.353
Refunds
407A.354
Premium Payment Plan
407A.355
Deficits
407A.401
Prohibited Solicitation
407A.402
Fines
407A.403
Cease and Desist Orders
407A.404
Revocation of Certificate of Approval
407A.451
Definitions
407A.452
Guaranty Fund
407A.453
Board of Directors
407A.454
Immunity
407A.455
Board General Powers and Duties
407A.456
Plan of Operation
407A.457
Trust Fund
407A.458
Effect of Insolvency of Group
407A.459
Collection of Assessments from Group Members
407A.460
Payment of Benefits Through Guaranty Fund
407A.461
Possession of Security by Guaranty Fund
407A.462
Release of Claim Information to Guaranty Fund
407A.463
Guaranty Fund as Party in Interest
407A.464
Preferences
407A.465
Special Fund

Accessed:
May 18, 2024

§ 407A.455’s source at texas​.gov