Texas Insurance Codes 5.76-3

Sec. 1. In this article:

(1) "Board" means the board of directors of the company.

(2) "Commission" means the Texas Workers' Compensation Commission.

(3) "Company" means the Texas Mutual Insurance Company.

(4) "Fund" means the Texas Workers' Compensation Insurance Fund.

(5) "Workers' compensation insurance" means the insurance for any risk under:

(A) Subtitle A, Title 5, Labor Code (the Texas Workers' Compensation Act);

(B) the Longshore and Harbor Workers' Compensation Act (33 U.S.C. Section 901);

(C) the Federal Mine Safety and Health Act of 1977 (33 U.S.C. Section 801 et seq.);

(D) the Defense Base Act (42 U.S.C. Sections 1651-1654);

(E) the federal Employers' Liability Act (45 U.S.C. Section 51 et seq.);

(F) the Nonappropriated Fund Instrumentalities Act (5 U.S.C. Sections 8171-8173);

(G) the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.);

(H) the Merchant Marine Act of 1920 (46 U.S.C. Section 861 et seq.); or

(I) Chapter 504, Labor Code.

Creation; operation

Sec. 2. (a) Effective September 1, 2001, the Texas Workers' Compensation Insurance Fund shall operate as, and exercise the powers of, a domestic mutual insurance company in accordance with Chapter 15 of this code, and shall be called the Texas Mutual Insurance Company. A reference in the laws of this state to the Texas Workers' Compensation Insurance Fund means the Texas Mutual Insurance Company. The commissioner shall issue a certificate of authority to the company as provided by Chapter 15 of this code to write workers' compensation insurance, not later than September 1, 2001.

(b) The company is subject to Chapter 15 of this code, other than Article 15.22 of this code. In the event of a conflict between this article and Chapter 15 of this code or another law of this state applicable to a nonlife mutual insurance company, this article controls.

(c) The company shall:

(1) serve as a competitive force in the marketplace;

(2) guarantee the availability of workers' compensation insurance in this state; and

(3) serve as an insurer of last resort as provided under Article 5.76-4 of this code.

(d) Except as otherwise provided by this subsection, the company is subject to the open meetings law, Chapter 551, Government Code, and the open records law, Chapter 552, Government Code. The board may hold closed meetings to consider and refuse to release information relating to claims, rates, the company's underwriting guidelines, and other information that would give advantage to competitors or bidders.

(e) A decision by the company to deny, cancel, or refuse to renew a policy or risk insured under Article 5.76-4 of this code is appealable to the board not later than the 30th day after the date on which the affected party received actual notice that the act occurred or that the decision was made. The company shall hear the appeal not later than the 30th day after the date on which the request for hearing is made and shall notify the appellant in writing of the time and place of the hearing not later than the 10th day before the date of the hearing. Not later than the 30th day after the last day of the hearing, the board shall affirm, reverse, or modify the act appealed to the board. A hearing under this subsection does not suspend the operation of any act, ruling, decision, or order of the company, unless the board specifically so orders.

(f) A decision of the board under this section is subject to review by the commissioner in the manner provided by the administrative procedure law, Chapter 2001, Government Code. The commissioner's review of a decision by the board does not suspend the operation of any act, ruling, decision, or order of the company unless the commissioner specifically so orders on a showing by an aggrieved party of:

(1) immediate, irreparable injury, loss, or damage; and

(2) probable success on the merits.

(g) A person aggrieved by the decision of the commissioner may appeal that decision to the district court. Judicial review under this section is governed by the substantial evidence rule.

(h) In addition to other rights of the company under this article, the company has the legal rights of a mutual insurance company operating under Chapter 15 of this code, and of a private person in this state, and has the power to sue in its own name. No procedure is a prerequisite to the exercise of the power by the company to sue.

(i) The company shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the company during the preceding fiscal year.

(j) The company may not be dissolved.

Board of directors

Sec. 3. (a) The company is governed by a board of directors composed of nine members, all of whom shall be citizens of this state. Five members shall be appointed by the governor with the advice and consent of the senate. The remaining members shall be elected by the company's policyholders.

(b) The members of the board of directors serve staggered six-year terms, with the terms of three members expiring July 1 of each odd-numbered year. A member of the board whose term has expired shall continue to serve until the member's replacement is elected by the policyholders or appointed by the governor, as applicable.

(c) The governor shall fill a vacancy in the appointed directors by appointment with the advice and consent of the senate. A vacancy in the elected directors shall be filled as provided by the company's bylaws. If a vacancy occurs before the date on which the vacating member's term is set to expire, the successor member shall be elected or appointed for a term to expire on the same date as the vacating member's term.

(d) A person may not serve as a member of the board if the person, an individual related to the person within the second degree by consanguinity or affinity, or an individual residing in the same household with the person:

(1) is registered or licensed under this code or is required to be registered or licensed under this code;

(2) is employed by or acts as a consultant to a person registered or licensed under this code or required to be registered or licensed under this code;

(3) owns, controls, has a financial interest in, or participates in the management of an organization registered or licensed under this code or required to be registered or licensed under this code;

(4) receives a substantial tangible benefit from the company or the Texas Department of Insurance; or

(5) is an officer, employee, or consultant of an association in the field of insurance.

(e) It is a ground for removal from the board if a member:

(1) does not have at the time of appointment the qualifications required by this section;

(2) does not maintain during service on the board the qualifications required by this section;

(3) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or

(4) is absent from more than half of theregularly scheduled board meetings that the member is eligible to attend during a calendar year.

(f) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(g) If the president has knowledge that a potential ground for removal exists, the resident shall notify the chairman of the board of the potential ground. If the potential ground for removal involves an appointed board member, the chairman shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the chairman, the president shall notify the next highest officer of the board, who shall notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves a board member elected by the policyholders, the board shall act on the potential ground for removal as provided by the company's bylaws.

(h) Subsection (d) of this section does not prohibit a person who is only a policyholder or a consumer of insurance or insurance products from serving as a member of the board.

(i) A person who is ineligible to serve on the board under Subsection (d) of this section may not serve as a member of the board for one year after the date on which the condition that makes the person ineligible ends.

(j) Each member shall receive fees for service on the board commensurate with industry standards and actual and necessary travel expenses and expenses incurred in the performance of the member's duties as a member.

(k) The governor shall designate a member of the board as the chairman of the board to serve in that capacity at the pleasure of the governor. The members of the board shall elect annually any other officers the board considers necessary for the performance of its duties. The board may create committees and subcommittees.

(l) The board shall hold meetings at least once each calendar quarter and at other times at the call of the chairman and at times established in the company's bylaws. Special meetings may be called by any two members of the board on two days notice.

(m) Five board members constitutes a quorum.

(n) The board shall maintain the principal office of the company in Travis County, Texas.

Powers and duties of board of directors

Sec. 4. (a) The board has full power, authority, and jurisdiction over the company. The board may perform all acts necessary or convenient in the administration of the company or in connection with the insurance business to be carried on by the company. In this regard, the board is empowered to function in all aspects as a governing body of a domestic mutual insurance company. The board shall:

(1) provide for the delivery in this state of workers' compensation insurance and for the transaction of workers' compensation insurance business to the same extent as any other insurance carrier transacting workers' compensation insurance business in this state;

(2) propose rates for workers' compensation insurance issued by the company; and

(3) exercise any other authority necessary to conduct a workers' compensation insurance business.

(b) The company may not have affiliates, interlocking boards of directors, spinoffs, or subsidiaries that write lines of insurance other than workers' compensation insurance.

(c) The board shall appoint an internal auditor. The internal auditor serves at the pleasure of the board.

(d) The board shall appoint a president who shall serve at the pleasure of the board. The president must have proven successful experience as an executive at the general management level in the business of insurance. The president shall receive compensation as set by the board.

(e) The company shall provide requested information to appropriate legislative committees in the manner requested by those committees.

Applications

Sec. 5. (a) Applications to the company for workers' compensation insurance coverage shall be submitted on forms prescribed by the company and shall be made:

(1) directly by the applicant; or

(2) on behalf of the applicant by a local recording agent.

(b) If an applicant is identified by the company as a credit risk, the company may refuse to write insurance coverage if the applicant does not:

(1) pay the total estimated premium and related charges before the policy is issued; or

(2) provide security for payment of the total estimated premium and related charges before the policy is issued.

(c) If the policy is written through a licensed agent, the company shall pay the agent a reasonable commission.

(d) Notwithstanding any other provision of this code or another insurance law of this state, the company is not required to appoint a local recording agent to act as an agent for the company. An agent transacting business with the company does so as an agent for the applicant and not as an agent for the company, unless there is an express written agreement between the company and the agent that the agent acts on behalf of the company.

(e) Information submitted to the company by a licensed agent on behalf of an employer, including a policy expiration date, is the work product of that agent, and the company may not use that information in any marketing or direct sales activity. Except as required or permitted by the open records law, Chapter 552, Government Code, the company may not provide information obtained from a licensed agent to any other licensed agent. This subsection does not prevent an employer from designating another licensed agent or the company as the agent of record and does not prevent the company from using the information submitted to the company under this subsection for the purpose of underwriting or fraud investigation.

Liability

Sec. 6. Neither a member of the board nor the president or any officer or employee of the company is personally liable in the person's private capacity for any act performed or for any contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud, in connection with the administration, management, or conduct of the company, its business, or other related affairs.

Rates

Sec. 7. (a) Except as otherwise provided by this subsection, the board shall have full power and authority to propose rates to be charged by the company for insurance. The board shall engage the services of an independent actuary who is a member in good standing with the Casualty Actuarial Society or the American Academy of Actuaries to develop and recommend actuarially sound rates. The company is subject to the requirements of Article 5.55 of this code and shall include the recommendations of its independent actuary as part of its filing under that article.

(b) Rates shall be set in amounts sufficient, when invested, to:

(1) carry all claims to maturity;

(2) meet the reasonable expenses of conducting the business of the company; and

(3) maintain a reasonable surplus.

(c) Notwithstanding any other provision of this code or any other insurance law of this state, the company may establish multitiered premium systems to price workers' compensation insurance policies to insureds in the company's competitive programs, as well as to insureds to whom policies are offered by the company under Article 5.76-4 of this code. Those multitiered systems shall be filed in accordance with Article 5.55 of this code. The systems may provide for higher or lower premium payments by insureds based on the company's evaluation of the underwriting characteristics of the individual risk and the appropriate premium to be charged for the policy coverages.

Accident prevention

Sec. 8. (a) The company may make and enforce requirements for the prevention of injuries to employees of its policyholders or applicants for insurance under this article. For this purpose, representatives of the company, representatives of the commission, or representatives of the department on reasonable notice shall be granted free access to the premises of each policyholder or applicant during regular working hours.

(b) Failure or refusal by any such policyholder or applicant to comply with any requirement prescribed by the company for the prevention of injuries, or failure or refusal to make full disclosure of all information pertinent to the insuring or servicing of the policyholder or applicant, constitutes sufficient grounds for the company to cancel a policy or deny an application for insurance.

(c) A policyholder in the company who is insured under Article 5.76-4 of this code shall obtain a safety consultation if the policyholder:

(1) has a Texas experience modifier greater than 1.25;

(2) has a national experience modifier greater than 1.25 and estimated premium allocable to Texas of $2,500 or more; or

(3) does not have an experience modifier but has had a loss ratio greater than 0.70 in at least two of the three most recent policy years for which information is available.

(d) A policyholder in the company who is insured under Article 5.76-4 of this code shall obtain a safety consultation as required by the company if the policyholder:

(1) has been in business for less than three years; and

(2) meets criteria for a safety consultation established by the company, which may include the number and classification of employees, the policyholder's industry, and the policyholder's previous workers' compensation experience in this state or another jurisdiction.

(e) The policyholder shall obtain the safety consultation not later than the 30th day after the effective date of the policy and shall obtain the safety consultation from the division of workers' health and safety of the commission, the company, or another professional source approved for that purpose by the division of workers' health and safety. The safety consultant shall file a written report with the commission and the policyholder setting out any hazardous conditions or practices identified by the safety consultation.

(f) The policyholder and the consultant shall develop a specific accident prevention plan that addresses the hazards identified by the consultant. The safety consultant may approve an existing accident prevention plan. The policyholder shall comply with the accident prevention plan.

(g) The division of workers' health and safety of the commission may investigate accidents occurring at the work sites of a policyholder for whom a plan has been developed under Subsection (f) of this section, and the division may otherwise monitor the implementation of the accident prevention plan as it finds necessary.

(h) In accordance with rules adopted by the commission, not earlier than 90 days or later than six months after the development of an accident prevention plan under Subsection (f) of this section, the division of workers' health and safety of the commission shall conduct a follow-up inspection of the policyholder's premises. The commission may require the participation of the safety consultant who performed the initial consultation and developed the safety plan. If the division determines that the policyholder has complied with the terms of the accident prevention plan or has implemented other accepted corrective measures, the division shall so certify. If a policyholder fails or refuses to implement the accident prevention plan or other suitable hazard abatement measures, the policyholder may elect to cancel coverage not later than the 30th day after the date of the division determination. If the policyholder does not elect to cancel, the company may cancel the coverage or the commission may assess an administrative penalty not to exceed $5,000. Each day of noncompliance constitutes a separate violation. Penalties collected under this section shall be deposited in the general revenue fund to the credit of the commission or reappropriated to the commission to offset the costs of implementing and administering this section.

(i) In assessing an administrative penalty, the commission may consider any matter that justice may require and shall consider:

(1) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the prohibited act;

(2) the history and extent of previous administrative violations;

(3) the demonstrated good faith of the violator, including actions taken to rectify the consequences of the prohibited act;

(4) any economic benefit resulting from the prohibited act; and

(5) the penalty necessary to deter future violations.

(j) The procedures established under this section must be followed each year the policyholder meets the qualifications established under Subsection (c) of this section and is insured through Article 5.76-4 of this code.

(k) The commission shall charge the policyholder for the reasonable cost of services provided under Subsections (e), (f), and (h) of this section. The fees for those services shall be set at a cost-reimbursement level including a reasonable allocation of the commission's administrative costs.

(l) The compliance and practices division of the commission shall enforce compliance with this section through the administrative violation proceedings under Chapter 415, Labor Code.

Control of fraud

Sec. 9. (a) The company shall develop and implement a program to identify and investigate fraud and violations of this code relating to workers' compensation insurance by an applicant, policyholder, claimant, agent, insurer, health care provider, or other person. The company shall cooperate with the commission to compile and maintain information necessary to detect practices or patterns of conduct that violate this code relating to the workers' compensation insurance or Subtitle A, Title 5, Labor Code (the Texas Workers' Compensation Act).

(b) The company may conduct investigations of cases of suspected fraud and violations of this code relating to workers' compensation insurance. The company may:

(1) coordinate its investigations with those conducted by the commission to avoid duplication of efforts; and

(2) refer cases that are not otherwise resolved by the company to the commission to:

(A) perform any further investigations that are necessary under the circumstances;

(B) conduct administrative violation proceedings; and

(C) assess and collect penalties and restitution.

(c) The company may enter into funding agreements with local prosecutors for the prosecution of offenses against the company.

(d) Restitution collected under Subsection (b) of this section shall be paid to the company.

(e) Penalties collected under Subsection (b) of this section shall be deposited in the general revenue fund to the credit of the commission and shall be appropriated to the commission to offset the costs of this program.

(f) The board, company, and employees of the company are not liable in a civil action for any action made in good faith in the execution of duties under this section including the identification and referral of a person for investigation and prosecution for a possible administrative violation or criminal offense.

Investigation files confidential

Sec. 10. (a) Information maintained in the investigation files of the company is confidential and may not be disclosed except:

(1) in a criminal proceeding;

(2) in a hearing conducted by the commission;

(3) on a judicial determination of good cause; or

(4) to a governmental agency, political subdivision, or regulatory body if the disclosure is necessary or proper for the enforcement of the laws of this or another state or of the United States.

(b) Company investigation files are not open records for purposes of the open records law, Chapter 552, Government Code.

(c) Information in an investigation file that is information in or derived from a claim file, or an employer injury report or occupational disease report, is governed by the confidentiality provisions relating to that information.

(d) For purposes of this section, "investigation file" means any information compiled or maintained by the company with respect to a company investigation authorized by law.

Payment of taxes and fees; guaranty association

Sec. 11. (a) The company shall pay premium taxes, maintenance taxes, and the maintenance tax surcharge established under Article 5.76-5 of this code in the same manner as a domestic mutual insurance carrier authorized by the department to write workers' compensation insurance in this state.

(b) The company shall pay taxes and fees or any payments due in lieu of taxes in the same manner as a domestic mutual insurance carrier authorized and admitted by the department to engage in the business of insurance in this state under a certificate of authority that includes authorization to write workers' compensation insurance.

(c) The company is a member of and is protected by the Texas Property and Casualty Insurance Guaranty Association. The company is subject to assessment under the Texas Property and Casualty Insurance Guaranty Act (Article 21.28-C, Insurance Code).

(d) Notwithstanding any other provision of this section, the company is only liable for assessments by the Texas Property and Casualty Insurance Guaranty Association regarding, and that association, with respect to an insolvency of the company, is only liable for, a claim with a date of injury that occurs on or after January 1, 2000.

Financial administration; no state liability

Sec. 12. (a) All revenues, monies, and assets of the company belong solely to the company and are governed by the laws applicable to domestic mutual insurance companies. The State of Texas covenants with the policyholders of the company, persons receiving workers' compensation benefits, and the company's creditors that the state will not borrow, appropriate, or direct payments from those revenues, monies, and/or assets for any purpose. The state has no liability to or responsibility to the policyholders, persons receiving workers' compensation benefits, or the creditors of the company if the company is placed in conservatorship or receivership, or becomes insolvent.

(b) The company shall establish and maintain reserves for losses on an actuarially sound basis in accordance with Article 5.61 of this code.

(c) The company must maintain a ratio of net written premiums on policies written after reinsurance to surplus of not more than 3.0 to one.

(d) The company may pay cash dividends or allow a credit on renewal premium for policyholders insured with the company other than a policyholder insured under Article 5.76-4 of this code, in accordance with criteria approved by the board, which may consider the policyholder's safety record and performance. A dividend or credit requires prior approval of the department.

(e) The company shall file annual statements with the department and the commission in the same manner as required of other workers' compensation insurance carriers, and the commissioner shall include a report on the company's condition in the commissioner's annual report under Section 32.021 of this code.

(f) Notwithstanding any other law, the company may issue grants to the commission as provided by Section 402.062, Labor Code. Funding for a grant under this subsection may come only from the company's surplus. The amount of the grants may not exceed $2.2 million for the four-year period of September 1, 1999, through September 1, 2003. This subsection expires September 1, 2003.

Report to board

Sec. 13. The president shall make periodic reports to the board with regard to the status of the company and its investments.

Policy forms

Sec. 14. The company shall use the uniform policy and standard policy forms prescribed by the department under Articles 5.56 and 5.57 of this code.

Cancellation and nonrenewal

Sec. 15. The company may cancel or refuse to renew coverage on a policyholder as provided by Section 406.008, Labor Code.

Annual report; other reports

Sec. 16. (a) The board shall publish an independently audited report analyzing the company's activities and fiscal condition during the preceding fiscal year and shall file the report with the department. The board shall file the audited report with the department for submission simultaneously with its annual financial report.

(b) The company shall file with the department and the commission all reports required of other workers' compensation insurers.

Additional audit requirements; internal audit report

Sec. 17. Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(6).

Examination of company

Sec. 18. (a) The department shall conduct an examination of the company in the manner and under the conditions provided by Articles 1.15 through 1.19 of this code for the examination of insurance carriers.

(b) The company shall pay the costs of the examination.

(c) The company is subject to all provisions of this code and to the jurisdiction of the commissioner and the department in the same manner as private insurance carriers.

Public information; accessibility

Sec. 19. (a) The company shall prepare information of public interest describing the functions of the company and the procedures by which complaints are filed with and resolved by the company. The company shall make the information available to the public and appropriate state agencies.

(b) The company shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the company for the purpose of directing complaints to the company. The company may provide for that notification:

(1) by a supplement or endorsement to a written policy;

(2) on a sign prominently displayed in the place of business of each regional office of the company; or

(3) in a bill for services provided by the company.

(c) The company shall comply with federal and state laws related to program and facility accessibility. The president shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the company's programs and services.

(d) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the company.

Complaint resolution

Sec. 20. (a) The company shall keep information about each written complaint submitted to the company. The information shall include:

(1) the date the complaint is received;

(2) the name of the complainant;

(3) the subject matter of the complaint;

(4) a record of all persons contacted in relation to the complaint;

(5) a summary of the results of the review or investigation of the complaint; and

(6) for complaints for which the company took no action, an explanation of the reason the complaint was closed without action.

(b) For each written complaint that the company has authority to resolve, the company shall provide to the person filing the complaint and the persons or entities complained about the company's policies and procedures pertaining to complaint investigation and resolution. The company, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons or entities complained about of the status of the complaint unless the notice would jeopardize an undercover investigation.

Applicability of other statutes; company not state agency

Sec. 21. (a) The company is an insurance company for purposes of Subtitle A, Title 5, Labor Code (the Texas Workers' Compensation Act).

(b) All regulatory authority granted to the commissioner relating to a mutual insurance company is applicable to the company.

(c) The company is not a state agency.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 12, Sec. 18.17, eff. Aug. 30, 1991. Sec. 2(c) amended by and (e) added by Acts 1993, 73rd Leg., ch. 885, Sec. 4, eff. Sept. 1, 1993; Sec. 7(b) amended by Acts 1993, 73rd Leg., ch. 885, Sec. 5, eff. Sept. 1, 1993; Sec. 10(c) amended by Acts 1993, 73rd Leg., ch. 685, Sec. 15.02, eff. Sept. 1, 1993; Sec. 13(d), (f) amended by Acts 1993, 73rd Leg., ch. 885, Sec. 6, eff. Sept. 1, 1993; Sec. 1(4) amended by Acts 1995, 74th Leg., ch. 94, Sec. 1, eff. Sept. 1, 1995; Sec. 2 amended by Acts 1995, 74th Leg., ch. 94, Sec. 2, eff. Sept. 1, 1995; Sec. 3 amended by Acts 1995, 74th Leg., ch. 94, Sec. 3, eff. Sept. 1, 1995; Sec. 3A added by Acts 1995, 74th Leg., ch. 94, Sec. 4, eff. Sept. 1, 1995; Sec. 4(c) to (e) amended by Acts 1995, 74th Leg., ch. 94, Sec. 5, eff. Sept. 1, 1995; Sec. 6(f) to (l) added by Acts 1995, 74th Leg., ch. 94, Sec. 6, eff. Sept. 1, 1995; Sec. 7(f), (g) added by Acts 1995, 74th Leg., ch. 94, Sec. 7, eff. Sept. 1, 1995; Sec. 10(k), (l) amended by Acts 1995, 74th Leg., ch. 94, Sec. 8, eff. Sept. 1, 1995; Sec. 11(a), (b) amended by Acts 1995, 74th Leg., ch. 94, Sec. 9, eff. Sept. 1, 1995; Sec. 11A added by Acts 1995, 74th Leg., ch. 94, Sec. 10, eff. Sept. 1, 1995; Sec. 16 amended by Acts 1995, 74th Leg. ch. 94, Sec. 11, eff. Sept. 1, 1995; Sec. 17(a) amended by Acts 1995, 74th Leg., ch. 94, Sec. 12, eff. Sept. 1, 1995; Sec. 17A added by Acts 1995, 74th Leg., ch. 94, Sec. 13, eff. Sept. 1, 1995; Secs. 19A, 19B added by Acts 1995, 74th Leg., ch. 94, Sec. 14, eff. Sept. 1, 1995; Sec. 21(a) amended by Acts 1995, 74th Leg., ch. 94, Sec. 15, eff. Sept. 1, 1995; Sec. 2(a) amended by Acts 1997, 75th Leg., ch. 334, Sec. 1, eff. Sept. 1, 1997; Sec. 3(a), (m) amended by Acts 1997, 75th Leg., ch. 334, Sec. 1, eff. Sept. 1, 1997; Sec. 7(c) amended by Acts 1997, 75th Leg., ch. 334, Sec. 1, eff. Sept. 1, 1997.; Sec. 13 amended by Acts 1997, 75th Leg., ch. 334, Sec. 1, eff. Sept. 1, 1997; Sec. 13(d) amended by Acts 1997, 75th Leg., ch. 1311, Sec. 8, eff. Sept. 1, 1997; Sec. 13(d) amended by Acts 1997, 75th Leg., ch. 1423, Sec. 11.27, eff. Sept. 1, 1997; Sec. 17(a) amended by Acts 1997, 75th Leg., ch. 1035, Sec. 68, eff. Sept. 1, 1997; Sec. 3 amended by Acts 1999, 76th Leg., ch. 677, Sec. 1, eff. June 18, 1999; Sec. 9(c) amended by Acts 1999, 76th Leg., ch. 1126, Sec. 1, eff. Aug. 30, 1999; Sec. 12 amended by Acts 1999, 76th Leg., ch. 1126, Sec. 2, eff. Aug. 30, 1999; Sec. 13(l) added by Acts 1999, 76th Leg., ch. 1426, Sec. 20, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1195, Sec. 1.01, eff. Sept. 1, 2001; Sec. 17 repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(6), eff. Sept. 1, 2003.