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.