Laws and Regulations Relating to Texas Nonsubscribers

Although many types of businesses can elect to provide benefits as Texas nonsubscribers, numerous state and federal laws and regulations continue to apply. For example, Texas non-subscribers must report certain workplace injuries, record the company’s nonsubscriber status and post unique workplace notices and more.

While the regulations aren’t necessarily burdensome, it can be challenging to determine which laws and regulations apply, especially as it relates to the size and type of business.

To help TXANS members comply with nonsubscriber laws and regulations, TXANS provides several related benefits and services.

• TXANS is involved in the legislative regulatory process on behalf of members. As a result TXANS has had many successes clarifying nonsubscriber related regulations and easing the burden of unnecessary regulation.
• TXANS provides immediate notification of any new Texas nonsubscriber law or regulation. TXANS notification will include the text of the new law or rule and any related forms or notices that may be required.
• TXANS members have access to the Laws and Regulations section of TXANS’ website where nonsubscriber-related laws, regulations, forms and notices are always available to be downloaded.
• TXANS staff is ready to respond to member injuries concerning laws and regulations pertaining to Texas nonsubscribers and will provide any related materials.

Access to TXANS Laws and Regulations Section is a benefit of participation as a TXANS member or supplier. Username and Passwords are assigned by TXANS to individual registered employees of TXANS’ member and supplier businesses. All registrants must agree to the Terms of Use below. To apply for access, please contact TXANS at info@txans.org.

Terms of Use

LAWS AND REGULATIONS BY ACCESSING THIS RESTRICTED AREA OR USING THE INFORMATION CONTAINED HEREIN YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THEY ARE LEGALLY BINDING ON YOU. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND ITS EMPLOYEES AND AGENTS AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU ARE PROHIBITED FROM ENTERING THIS RESTRICTED AREA. TERMS AND CONDITIONS AGREEMENT This Terms and Conditions Agreement (the "Agreement") shall constitute a legally binding and enforceable agreement between you ("User" or "You") and your employer as well as your employer's employees and agents and the Texas Association of Responsible Nonsubscribers (hereinafter known as "TXANS" or "We"). User agrees to be bound by the terms set forth in this Agreement by accessing TXANS Knowledge Center, a restricted area of TXANS Website. The Laws and Regulations section is a restricted area of TXANS Website for the exclusive use of registered bona fide employees of TXANS' Member and/or Supplier companies only. You are not authorized to access the TXANS Laws and Regulations section unless you have obtained a password directly from TXANS. This Agreement and your password are personal to you and you may not assign your rights, password, user name or obligations under this Agreement to anyone. User represents and warrants that User is a current employee of a current TXANS Member or Supplier. By accessing this restricted area you agree that all materials and information on or comprising this site, including but not limited to text, images, designs, audio, graphics, logos, layout of TXANS' website, structure of TXANS' website, format of TXANS' website, the look and feel of TXANS' website, lists and identity of TXANS' Members and /or Suppliers, and the like (collectively called the "Materials"), are owned by or licensed to TXANS, are proprietary to TXANS, and constitute TXANS' trade secrets. All trademarks, service marks, and trade names are proprietary to TXANS. Copyright is not claimed as to any part of an original work prepared by a U.S. or state government officer or employee as part of that person's official duties. You acquire no rights or license whatsoever to the Materials other than the limited rights granted by this Agreement. Any Materials accessed or printed from this site must be accessed or printed in accordance with this Agreement. TXANS reserves any rights not expressly granted under this Agreement. You may make and maintain one print copy and one electronic copy of any Material exclusively for your own personal use provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You agree that you will not use, copy, transmit, alter, post, exploit, enter into a computer database, create a mailing, fax, or email list from, create derivative works from, or republish in any way whatsoever any Materials without the prior written permission of TXANS. You may not integrate the Materials with other material or otherwise create derivative works in any medium, but you may quote from the Materials for purposes of comment, criticism, or similar scholarly purposes as long as there is specific attribution to TXANS. You agree not to engage in "screen scraping," "database scraping" or any other activity intended to collect, store, reorganize or manipulate the Materials. You agree not to distribute, sell, de-compile, reverse engineer, or disassemble the Materials, and you agree not to reduce the Materials to a human-readable form. You agree not to download, print, use or copy the Materials for the benefit of any other person, company or entity. You agree not use the Materials in a manner that suggests an association with TXANS or its products, services or brands. You agree that you will not use the Materials in any way to compete with TXANS, and you will not post any of the Materials on any website or mass communication medium. As a registered user of this restricted area, you agree that you are entirely responsible for maintaining the confidentiality of your password and account information and agree to notify TXANS immediately if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you will not give, disclose, share, or transfer in any manner your personal login and password to/with any other person. You are responsible for all usage or activity as it relates to your password account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account. At TXANS sole discretion TXANS may refer you to appropriate law enforcement agencies. You may not violate the security of this website in any way, nor may you attempt to do so. Such violations may result in criminal or civil liability. TXANS may, but is not obligated to, investigate any violation of the security of this website. You agree to reasonably cooperate with TXANS in protecting TXANS' rights to the Materials, and TXANS may, at its discretion, pay your reasonable expenses in giving such co-operation. Your use of this website is at your own risk. The Materials and this website may contain information that includes inaccuracies or errors that may affect the quality of the Materials. TXANS does not warrant the accuracy or timeliness of the Materials. TXANS has no liability for any errors or omissions in the Materials, whether provided by TXANS or third parties. The technical information contained herein is sometimes provided to TXANS by third party sources. While TXANS makes every effort to present accurate and reliable information on this restricted area and TXANS entire website, TXANS does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by TXANS. TXANS (including its employees and agents) assumes no responsibility for consequences resulting from the use of the information herein including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies, or conclusions, the defamatory nature of statements, ownership or copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. TXANS is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by TXANS with respect to such information. ALL OF THE MATERIALS ARE PROVIDED ON AN AS IS BASIS TXANS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE MATERIALS, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TXANS DOES NOT WARRANT OR GUARANTEE THAT THE MATERIALS, THE WEBSITE, OR THE OPERATION THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET THE USER'S REQUIREMENTS. NEITHER PARTY WILL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME OR GOODWILL, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TXANS TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. YOU AGREE TO INDEMNIFY AND HOLD TXANS HARMLESS FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO OR ARISING FROM THE USE OF THE MATERIALS OR THIS WEBSITE, INCLUDING ANY CLAIM OR CAUSE OF ACTION RELATING TO OR ARISING FROM, IN WHOLE OR IN PART TXANS OWN NEGLIGENCE WHETHER JOIN, CONTRIBUTORY, SOLE OR COMPARATIVE. You and TXANS agree that the substantive laws of the State of Texas, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AGREE TO SUBMIT TO PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN TRAVIS COUNTY, TEXAS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR THE USE OF THIS WEBSITE, INCLUDING MOTIONS FOR TEMPORARY INJUNCTIVE RELIEF OR ENFORCEMENT OF THE ARBITRATION PROVISIONS OF THIS AGREEMENT. Except as otherwise required by law, any cause of action or claim you may have with respect to the Materials or this web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. If any portion of this agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the agreement as possible. No waiver of any breach of any agreement or provision of this Agreement or any failure to assert any right or privilege contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision. TXANS may revise these terms at any time without notice by updating this posting. Your continued use of the website after such modifications have been made will constitute your acceptance of such revised terms. Please check these terms periodically for changes. TXANS failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision. User's obligations shall be binding on the recipient's heirs, successors and assigns. This Agreement is the complete agreement between you and TXANS related to the Materials and the TXANS' website and supersedes any previous verbal or written agreement between you and TXANS. TXANS may terminate your access to this website immediately and without notice at any time at its sole discretion. Upon termination of your use of this website, you must cease use TXANS website and destroy all materials obtained from the website and all copies of such materials. If you have any problems with TXANS website or your use of this website or with these Terms of Use, your sole and exclusive remedy is to cease using TXANS website. You agree that if you breach this Agreement TXANS shall be irreparably harmed and shall be entitled to a temporary restraining order, injunctive relief, specific performance, emergency relief, or other equitable relief either from a court of competent jurisdiction or an arbitration panel. TXANS shall not be required to post a bond to obtain such relief. ANY AND ALL DISPUTES RELATED TO THE AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION IN AUSTIN, TRAVIS COUNTY, TEXAS AND SHALL BE DECIDED BY ONE ARBITRATOR. SUCH ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND CONDUCTED ACCORDING TO THE AAA'S COMMERCIAL ARBITRATION RULES AND EXPEDITED PROCEDURES, REGARDLESS OF THE AMOUNT IN CONTROVERSY. THE AAA'S OPTIONAL RULES FOR EMERGENCY RELIEF SHALL ALSO APPLY. THE COURTS LOCATED IN TRAVIS COUNTY TEXAS, OR ANY OTHER COURT OF COMPETENT JURISDICTION, MAY ENFORCE THE ARBITRATION AWARD.

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