SB 264

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
neutral
Individual Liberty
Digest
SB 264 proposes a phased discontinuation of the group self-insurance model under the Texas Workers’ Compensation Act. Specifically, the bill prohibits the Texas Department of Insurance Commissioner from issuing any new certificates of approval for group self-insurance arrangements starting September 1, 2025. However, it allows existing groups with valid certificates to continue operations under the current framework and permits amendments to their approvals as needed.

To accompany the termination of new approvals, the bill also mandates the dissolution of the Texas Self-Insurance Group Guaranty Fund and its associated trust fund. These funds currently provide financial backup in case a group self-insurance entity becomes insolvent. The legislation outlines a clear process by which the board overseeing these funds must submit a revised “wind-down” plan to the Commissioner. This plan must detail how any remaining money in the funds will be fairly distributed among solvent, qualified groups and how affected stakeholders will be notified of the changes.

Upon approval of the plan, the board is tasked with executing the wind-down process and reporting its completion to the Commissioner. The Commissioner must then confirm whether the dissolution was successful and complete. The bill represents a significant structural shift in how Texas handles collective risk-sharing for workers’ compensation, signaling a broader move away from state-facilitated insurance mechanisms and toward a more privatized model of risk management.
Author (1)
Charles Perry
Sponsor (1)
Angie Chen Button
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 264 is not expected to have a significant fiscal impact on the State of Texas. The bill’s directive to prohibit the issuance of new certificates for group self-insurance and to dissolve the Texas Self-Insurance Group Guaranty Fund and trust fund does not require new funding or extensive resources. It is anticipated that any administrative costs necessary for implementing the bill—such as approving wind-down plans and overseeing fund distribution—can be absorbed within the existing budgets of relevant state agencies, primarily the Texas Department of Insurance.

Furthermore, there are no projected fiscal implications for local governments. The bill deals strictly with a state-managed insurance program and its financial mechanisms, which do not involve local government funding or operations. Thus, cities, counties, and other local entities would not see changes in revenue or expenditures as a result of this legislation.

In summary, SB 264 accomplishes a notable policy change without adding new costs to the state budget or local governments. It represents a structural adjustment rather than a financial one, and its implementation is expected to proceed within the normal operating capacity of existing state infrastructure.

Vote Recommendation Notes

SB 264 presents a targeted and well-justified initiative to formally conclude a now-obsolete program under the Texas Workers’ Compensation Act. Originally authorized in 2003, the group self-insurance option was designed to help small and mid-sized employers afford workers’ compensation coverage during a time of high premiums. However, as insurance rates declined over the following decades, demand for this structure plummeted, with nearly all groups disbanding and only one remaining solvent group—Cotton Ginners’ Trust—still operating. Additionally, the Texas Self-Insurance Group Guaranty Fund has outlived its utility, with its remaining responsibilities already transferred and its board effectively defunct due to a lack of qualifying members.

SB 264 responsibly phases out this outdated structure. It prohibits the formation of new groups after September 1, 2025, and sets a clear timeline and process for the dissolution of the Guaranty Fund and Trust Fund. Importantly, the bill ensures a fair and orderly wind-down by requiring the remaining board to submit a detailed plan to the Texas Department of Insurance and providing mechanisms for oversight, fund distribution, and eventual closure. This helps preserve fiscal responsibility and protects the financial interests of existing solvent groups.

From a policy and governance perspective, SB 264 strongly aligns with principles of limited government, individual and market responsibility, and fiscal prudence. It avoids imposing new costs on state or local governments and eliminates an administrative structure no longer serving a meaningful public function. By streamlining regulation and returning risk-bearing functions to the private sector, the bill promotes free enterprise and accountability while maintaining safeguards during the transition. Accordingly, Texas Policy Research recommends that lawmakers vote YES on SB 264.

  • Individual Liberty: The bill does not create or restrict any individual rights or freedoms directly. It impacts business entities rather than individuals, and it does not regulate personal conduct or restrict private choices. As such, it has a neutral effect on individual liberty.
  • Personal Responsibility: The bill encourages businesses to take direct responsibility for their workers’ compensation insurance decisions, moving away from a semi-government-supported model. By phasing out the group self-insurance model and its related safety net (the Guaranty Fund), the legislation promotes an environment where employers must manage their insurance obligations through conventional market mechanisms rather than relying on state-backed risk pooling.
  • Free Enterprise: The bill strengthens free enterprise by eliminating a unique state-sanctioned insurance structure that is no longer broadly used or competitive. This reduces regulatory distortion in the workers’ compensation insurance market, fostering a more level playing field where private insurers can compete without the state facilitating a parallel insurance mechanism for select industry groups.
  • Private Property Rights: While the bill doesn't directly alter property rights, it protects the financial claims of remaining solvent members of group trusts by requiring an orderly distribution of remaining funds. This ensures that assets tied up in the Guaranty Fund and Trust Fund are returned to rightful stakeholders rather than absorbed or mismanaged by the state.
  • Limited Government: The bill significantly advances limited government by eliminating an underused and now redundant state-run insurance mechanism. It reduces bureaucratic oversight, dissolves a state-created board that is no longer functional, and removes the state from a role better served by private markets. This downsizing of state function is a clear example of restraining government to its core responsibilities.
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