By:  Yarbrough                                        H.B. No. 1594
       73R5530 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to confidentiality requirements for certain information
    1-3  files maintained by the Texas Workers' Compensation Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter C, Article 2, Texas Workers' Compensation
    1-6  Act (Article 8308-2.31 et seq., Vernon's Texas Civil Statutes), is
    1-7  amended by adding Section 2.365 to read as follows:
    1-8        Sec. 2.365.  INVESTIGATION FILES CONFIDENTIAL.  (a)
    1-9  Information maintained in the investigation files of the commission
   1-10  is confidential and may not be disclosed except:
   1-11              (1)  in a criminal proceeding;
   1-12              (2)  in a hearing conducted by the commission;
   1-13              (3)  on a judicial determination of good cause; or
   1-14              (4)  to a governmental agency, political subdivision,
   1-15  or regulatory body if the disclosure is necessary or proper for the
   1-16  enforcement of the laws of this or another state or of the United
   1-17  States.
   1-18        (b)  Commission investigation files are not open records for
   1-19  purposes of Chapter 424, Acts of the 63rd Legislature, Regular
   1-20  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
   1-21  and its subsequent amendments.
   1-22        (c)  Information in an investigation file that is information
   1-23  in or derived from a claim file is governed by the confidentiality
   1-24  provisions relating to claim file information.
    2-1        (d)  For purposes of this section, "investigation file" means
    2-2  any information compiled or maintained by the commission with
    2-3  respect to a commission investigation authorized by law.
    2-4        SECTION 2.  This Act applies to information maintained in
    2-5  investigation files of the Texas Workers' Compensation Commission
    2-6  without regard to the date the information is collected, compiled,
    2-7  developed, or otherwise becomes a part of the investigation file.
    2-8        SECTION 3.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.