By:  Tallas                                           H.B. No. 1075
       73R4338 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a discount on workers' compensation insurance premiums
    1-3  for certain employers who maintain a drug-free workplace.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 5, Insurance Code, is
    1-6  amended by adding Article 5.55A to read to follows:
    1-7        Art. 5.55A.  PREMIUM DISCOUNT FOR EMPLOYERS WITH DRUG-FREE
    1-8  WORKPLACE.  (a)  In this article, "insurer" means a stock company,
    1-9  mutual company, reciprocal, interinsurance exchange, Lloyd's
   1-10  association, or other entity authorized to write workers'
   1-11  compensation insurance in this state.  The term includes the Texas
   1-12  workers' compensation insurance facility and the Texas Workers'
   1-13  Compensation Insurance Fund.
   1-14        (b)  This article applies to an employer who holds a
   1-15  certificate of a drug-free workplace issued by the Texas Workers'
   1-16  Compensation Commission under Section 7.10(b), Texas Workers'
   1-17  Compensation Act (Article 8308-7.10, Vernon's Texas Civil
   1-18  Statutes).
   1-19        (c)  The board by rule shall adopt a plan under which each
   1-20  insurer shall grant a discount to an employer subject to Subsection
   1-21  (b) of this article who obtains workers' compensation insurance
   1-22  coverage from that insurer and applies for the discount in the
   1-23  manner prescribed by the board.  The insurer shall grant a discount
   1-24  of five percent on the amount of the employer's workers'
    2-1  compensation premium.
    2-2        (d)  A discount established under this article is valid for
    2-3  the term of the policy or contract of insurance.  On renewal of the
    2-4  policy or contract, the employer must reapply for the discount in
    2-5  the manner prescribed by the board.
    2-6        (e)  A discount under this article is in addition to any
    2-7  other premium discount to which the employer is eligible under this
    2-8  code.
    2-9        SECTION 2.  Section 7.10, Texas Workers' Compensation Act
   2-10  (Article 8308-7.10, Vernon's Texas Civil Statutes), is amended to
   2-11  read as follows:
   2-12        Sec. 7.10.  POLICIES FOR ELIMINATION OF DRUGS IN THE
   2-13  WORKPLACE; CERTIFICATION PROGRAM.  (a)  Each employer who <has 15
   2-14  or more employees and who> maintains workers' compensation
   2-15  insurance coverage shall adopt a policy designed to eliminate drug
   2-16  abuse and its effects in the workplace.  The employer shall
   2-17  distribute to each employee a written copy of the policy.
   2-18        (b)  In addition to the drug abuse policy required under
   2-19  Subsection (a) of this section, an employer who maintains workers'
   2-20  compensation insurance coverage may adopt a drug-free workplace
   2-21  program under this subsection.  The commission shall issue a
   2-22  certificate to each employer maintaining a program adopted under
   2-23  this subsection who is determined by the commission, after an
   2-24  investigation by the division of workers' health and safety, to
   2-25  meet the requirements of Subsection (c) of this section.  A
   2-26  certificate issued under this section is valid for one year from
   2-27  the date of issuance and may be renewed by the employer on
    3-1  application to the commission and reinvestigation by the division.
    3-2        (c)  To qualify for certification as a drug-free workplace,
    3-3  the employer must:
    3-4              (1)  maintain a resource file of providers of employee
    3-5  assistance programs, including drug and alcohol abuse programs,
    3-6  mental health programs, and other analogous programs designed to
    3-7  assist employees with personal or behavioral problems;
    3-8              (2)  inform employees and new hires monthly about the
    3-9  availability of assistance through persons listed in the resource
   3-10  file and about employee assistance programs operated directly by
   3-11  the employer, if any; and
   3-12              (3)  provide an annual education course for employees
   3-13  to assist employees in identifying personal or emotional problems
   3-14  that may result in the misuse of alcohol or drugs.
   3-15        (d)  The commission shall implement <enforce> this section
   3-16  <requirement> and may adopt rules for that purpose.
   3-17        SECTION 3.  This Act takes effect September 1, 1993, and
   3-18  applies only to a workers' compensation insurance policy that is
   3-19  delivered, issued for delivery, or renewed on or after January 1,
   3-20  1994.  A policy that is delivered, issued for delivery, or renewed
   3-21  before January 1, 1994, is governed by the law as it existed
   3-22  immediately before the effective date of this Act, and that law is
   3-23  continued in effect for that purpose.
   3-24        SECTION 4.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
    4-1  days in each house be suspended, and this rule is hereby suspended.