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.