(a) The commissioner of insurance shall set and certify to the comptroller the rate of maintenance tax assessment 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 tax 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.

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Terms Used In Texas Labor Code 403.003

  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Year: means 12 consecutive months. See Texas Government Code 311.005