(a) The commissioner of insurance shall set and certify to the comptroller the rate of the surcharge, 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 surcharge 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.
Official text of the Texas Labor Code as published by the Texas Legislative Council.