S.B. No. 1455 amends the Texas Insurance Code to introduce a funding mechanism for the regulation of workers' compensation and workers' compensation insurance through the implementation of surcharges. The bill incorporates the term "surcharges" alongside existing taxes and fees, thereby expanding the financial framework for the Texas Department of Insurance. Key provisions include the addition of surcharges to the operating account of the Texas Department of Insurance, the annual determination of surcharge rates by the commissioner, and the requirement for insurers to pay surcharges based on their gross premiums from workers' compensation insurance. The bill also outlines the assessment and collection procedures for these surcharges, ensuring that they are deposited into the general revenue fund and reallocated to the operating account.

Additionally, the bill amends various sections of the Labor Code and Insurance Code to replace the term "maintenance tax" with "surcharge" concerning self-insurers and insurance groups. It establishes that the surcharge rate will apply to the gross premium for a group's retention, excluding premiums for excess insurance, and clarifies that the surcharge is in addition to other taxes or surcharges imposed on insurance carriers. The bill specifies the collection and payment processes for these surcharges, including timelines and consequences for late payments, and mandates that the surcharge be computed based on the gross premium for the group's retention. These changes will take effect for gross annual premiums reported or liabilities incurred on or after January 1, 2026, while maintenance taxes imposed before this date will continue to be governed by previous law.

Statutes affected:
Introduced: Insurance Code 201.001, Insurance Code 251.001, Insurance Code 251.002, Insurance Code 251.003, Insurance Code 251.004, Labor Code 402.076, Labor Code 403.001, Labor Code 403.002, Labor Code 403.003, Labor Code 403.004, Labor Code 403.005, Labor Code 403.007, Labor Code 405.003, Labor Code 407.103, Labor Code 407.104, Labor Code 201.051 (Labor Code 407, Labor Code 201, Insurance Code 251, Labor Code 405, Labor Code 402, Labor Code 403, Insurance Code 201)
Senate Committee Report: Insurance Code 201.001, Insurance Code 201.051, Insurance Code 251.001, Insurance Code 251.002, Insurance Code 251.003, Insurance Code 251.004, Insurance Code 281.006, Labor Code 402.076, Labor Code 403.001, Labor Code 403.002, Labor Code 403.003, Labor Code 403.004, Labor Code 403.005, Labor Code 403.007, Labor Code 405.003, Labor Code 407.103, Labor Code 407.104, Labor Code 201.051 (Labor Code 407, Labor Code 201, Insurance Code 251, Labor Code 405, Labor Code 402, Insurance Code 281, Labor Code 403, Insurance Code 201)
Engrossed: Insurance Code 201.001, Insurance Code 201.051, Insurance Code 251.001, Insurance Code 251.002, Insurance Code 251.003, Insurance Code 251.004, Insurance Code 281.006, Labor Code 402.076, Labor Code 403.001, Labor Code 403.002, Labor Code 403.003, Labor Code 403.004, Labor Code 403.005, Labor Code 403.007, Labor Code 405.003, Labor Code 407.103, Labor Code 407.104, Labor Code 201.051 (Labor Code 407, Labor Code 201, Insurance Code 251, Labor Code 405, Labor Code 402, Insurance Code 281, Labor Code 403, Insurance Code 201)
House Committee Report: Insurance Code 201.001, Insurance Code 201.051, Insurance Code 251.001, Insurance Code 251.002, Insurance Code 251.003, Insurance Code 251.004, Insurance Code 281.006, Labor Code 402.076, Labor Code 403.001, Labor Code 403.002, Labor Code 403.003, Labor Code 403.004, Labor Code 403.005, Labor Code 403.007, Labor Code 405.003, Labor Code 407.103, Labor Code 407.104, Labor Code 201.051 (Labor Code 407, Labor Code 201, Insurance Code 251, Labor Code 405, Labor Code 402, Insurance Code 281, Labor Code 403, Insurance Code 201)
Enrolled: Insurance Code 201.001, Insurance Code 201.051, Insurance Code 251.001, Insurance Code 251.002, Insurance Code 251.003, Insurance Code 251.004, Insurance Code 281.006, Labor Code 402.076, Labor Code 403.001, Labor Code 403.002, Labor Code 403.003, Labor Code 403.004, Labor Code 403.005, Labor Code 403.007, Labor Code 405.003, Labor Code 407.103, Labor Code 407.104, Labor Code 201.051 (Labor Code 407, Labor Code 201, Insurance Code 251, Labor Code 405, Labor Code 402, Insurance Code 281, Labor Code 403, Insurance Code 201)