| Issue Date: | |
|---|---|
| Revised Date: | 2026-01-08 |
Legal Citations
- Insurance Code sec. 251.004
- Labor Code sec. 407A.301, sec. 407A.303, sec. 405.003
Object Type
Cash — Insurance
Origin Date
S.B. 1, 71st Leg., 2nd C.S.
Description
Surcharge collected to pay administration costs of the Workers’ Compensation Research and Oversight Division within the Department of Insurance. Levied on insurance carriers, certified self-insurers and self-insurance groups. For certified self-insurers, the surcharge rate is applied to the total tax base of all self-insurers. For insurance companies the rate is applied to the correctly reported gross workers' compensation insurance premiums. The rate for self-insurance groups applies to the group's gross premium for the group's retention, excluding premium collected by the group for excess insurance.
Surcharge rates are set by the department in a manner so that the cumulative rate of workers’ compensation surcharges (revenue objects 3219 and 3220) does not exceed 2.7% of gross premiums.
Due Date
Report and tax are due before March 1 on gross premiums collected the previous year. Self-insurance taxes due on the 60th day after the issuance of a certificate of authority to self-insurers and the 60th day after each annual renewal date.
Collecting Agencies
- 454 – Texas Department of Insurance Self-insured taxes deposited to GR Account 0036.
- 902 – Comptroller - State Fiscal Insurance company taxes deposited to GR.
Deposit Funds
- 0001 – General Revenue Fund Deposit of insurance company maintenance taxes for allocation to GR Account 0036.
- GR Account - 0036 – Texas Department of Insurance Operating Deposit of self-insurer maintenance taxes.
Note
Amended by H.B. 1461, 73rd Leg., R.S.
H.B. 752, 73rd Leg., R.S. codified V.A.C.S. Arts. 8308-11.09(a), (b), (c), and 8308a to Labor Code sec. 404.003.
Revenue Code 3203 used from date of origin through August 31, 1995 to record maintenance taxes collected for Workers' Compensation Commission and Research and Oversight Council on Workers' Compensation (478). This code replaces 3203 as of September 1, 1995 to record maintenance taxes collected for the Research and Oversight Council on Workers' Compensation only.
Self-insurance groups added by H.B. 2095, 78th Leg., R.S.
H.B. 28, 78th Leg.,3rd C.S. recreated GR Account 5016 - Research and Oversight Council on Workers' Compensation as an account in the Texas Department of Insurance's General Revenue and Insurance Companies Maintenance Tax and Insurance Department Fees Account (in GR). H.B. 28 abolished Research and Oversight Council on Workers' Compensation (Agency 478) and created it as a division at the Texas Department of Insurance (454). H.B. 28, recodified Labor Code Ch. 404 to Ch. 403.
H.B. 7, 79th Leg., R.S. changed the deposit of all self-insured maintenance taxes to GR Account 0036 - Department of Insurance Operating.
S.B. 1455, 89th Leg., R.S. changed this from a tax to a surcharge, beginning January 1, 2026.
USAS Values
| Appropriation Year | 26 |
|---|---|
| USAS Title | INS MAINT TAX-WC RESEARCH&OVERSIGHT DIV |
| Receipt Category | 04 – Insurance |
| Receipt Type | 01 – Taxes |
| Object Group | 30 – Revenues |
| USAS Status | A |
| Rev/Exp Category | 14 – INSURANCE TAXES |