By: Ellis S.B. No. 406
73R124 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of a nonsubstantive revision of the
1-3 statutes relating to labor and employment, including conforming
1-4 amendments, repeals, and penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. ADOPTION OF CODE. The Labor Code is adopted to
1-7 read as follows:
1-8 LABOR CODE
1-9 CONTENTS
1-10 TITLE 1. GENERAL PROVISIONS
1-11 CHAPTER 1. GENERAL PROVISIONS
1-12 (Chapters 2-20 reserved for expansion)
1-13 TITLE 2. PROTECTION OF LABORERS
1-14 SUBTITLE A. EMPLOYMENT DISCRIMINATION
1-15 CHAPTER 21. EMPLOYMENT DISCRIMINATION
1-16 (Chapters 22-50 reserved for expansion)
1-17 SUBTITLE B. RESTRICTIONS ON LABOR
1-18 CHAPTER 51. EMPLOYMENT OF CHILDREN
1-19 CHAPTER 52. MISCELLANEOUS RESTRICTIONS
1-20 (Chapters 53-60 reserved for expansion)
1-21 SUBTITLE C. WAGES
1-22 CHAPTER 61. PAYMENT OF WAGES
1-23 CHAPTER 62. MINIMUM WAGE
1-24 (Chapters 63-80 reserved for expansion)
2-1 SUBTITLE D. EMPLOYEE BENEFITS
2-2 CHAPTER 81. WORK AND FAMILY POLICIES
2-3 (Chapters 82-100 reserved for expansion)
2-4 TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
2-5 CHAPTER 101. LABOR ORGANIZATIONS
2-6 CHAPTER 102. LABOR ARBITRATION
2-7 (Chapters 103-200 reserved for expansion)
2-8 TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
2-9 SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT
2-10 CHAPTER 201. UNEMPLOYMENT COMPENSATION ACT--GENERAL
2-11 PROVISIONS
2-12 CHAPTER 202. TEXAS EMPLOYMENT COMMISSION
2-13 CHAPTER 203. FINANCING AND FUNDS
2-14 CHAPTER 204. CONTRIBUTIONS
2-15 CHAPTER 205. REIMBURSEMENTS
2-16 CHAPTER 206. UNEMPLOYMENT INSURANCE COVERAGE
2-17 CHAPTER 207. BENEFITS
2-18 CHAPTER 208. BENEFIT CLAIMS
2-19 CHAPTER 209. EXTENDED BENEFITS
2-20 CHAPTER 210. BACK PAY AWARDS; LOST OR MISPLACED WARRANTS
2-21 CHAPTER 211. RECIPROCAL ARRANGEMENTS
2-22 CHAPTER 212. DISPUTE RESOLUTION
2-23 CHAPTER 213. ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION
2-24 ACT
2-25 CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS
2-26 CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
2-27 CHAPTER 216. COMMUNITIES IN SCHOOLS PROGRAM
3-1 CHAPTER 217. PROJECT RIO (REINTEGRATION OF OFFENDERS)
3-2 (Chapters 218-300 reserved for expansion)
3-3 SUBTITLE B. ADDITIONAL EMPLOYMENT SERVICES
3-4 CHAPTER 301. JOB TRAINING PARTNERSHIP ACT
3-5 CHAPTER 302. EMPLOYMENT COUNSELING FOR DISPLACED
3-6 HOMEMAKERS
3-7 (Chapters 303-400 reserved for expansion)
3-8 TITLE 5. WORKERS' COMPENSATION
3-9 SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT
3-10 CHAPTER 401. GENERAL PROVISIONS
3-11 CHAPTER 402. TEXAS WORKERS' COMPENSATION COMMISSION
3-12 CHAPTER 403. COMMISSION FINANCING
3-13 CHAPTER 404. TEXAS WORKERS' COMPENSATION RESEARCH CENTER
3-14 CHAPTER 405. LEGISLATIVE OVERSIGHT COMMITTEE
3-15 CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
3-16 CHAPTER 407. SELF-INSURANCE REGULATION
3-17 CHAPTER 408. WORKERS' COMPENSATION BENEFITS
3-18 CHAPTER 409. COMPENSATION PROCEDURES
3-19 CHAPTER 410. ADJUDICATION OF DISPUTES
3-20 CHAPTER 411. WORKERS' HEALTH AND SAFETY
3-21 CHAPTER 412. DIVISION OF RISK MANAGEMENT
3-22 CHAPTER 413. MEDICAL REVIEW
3-23 CHAPTER 414. DIVISION OF COMPLIANCE AND PRACTICES
3-24 CHAPTER 415. ADMINISTRATIVE VIOLATIONS
3-25 CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH
3-26 OF DUTY
3-27 CHAPTER 417. THIRD-PARTY LIABILITY
4-1 (Chapters 418-450 reserved for expansion)
4-2 SUBTITLE B. DISCRIMINATION ISSUES
4-3 CHAPTER 451. DISCRIMINATION PROHIBITED
4-4 (Chapters 452-500 reserved for expansion)
4-5 SUBTITLE C. WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN
4-6 GOVERNMENT EMPLOYEES
4-7 CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE
4-8 EMPLOYEES, INCLUDING EMPLOYEES UNDER THE
4-9 DIRECTION OR CONTROL OF THE BOARD OF REGENTS
4-10 OF TEXAS TECH UNIVERSITY
4-11 CHAPTER 502. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-12 EMPLOYEES OF THE TEXAS A&M UNIVERSITY
4-13 SYSTEM
4-14 CHAPTER 503. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-15 EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM
4-16 CHAPTER 504. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-17 EMPLOYEES OF POLITICAL SUBDIVISIONS
4-18 CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
4-19 EMPLOYEES OF TEXAS DEPARTMENT OF
4-20 TRANSPORTATION
4-21 CHAPTER 506. PAYMENT OF CERTAIN JUDGMENTS
4-22 APPENDIX A. CONFORMING AMENDMENTS
4-23 APPENDIX B. CODE CONSTRUCTION ACT
4-24 APPENDIX C. DISPOSITION TABLE
4-25 TITLE 1. GENERAL PROVISIONS
4-26 CHAPTER 1. GENERAL PROVISIONS
4-27 Sec. 1.001. PURPOSE OF CODE
5-1 Sec. 1.002. CONSTRUCTION OF CODE
5-2 Sec. 1.003. INTERNAL REFERENCES
5-3 Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE
5-4 CHAPTER 1. GENERAL PROVISIONS
5-5 Sec. 1.001. PURPOSE OF CODE. (a) This code is enacted as a
5-6 part of the state's continuing statutory revision program, begun by
5-7 the Texas Legislative Council in 1963 as directed by the
5-8 legislature in the law codified as Section 323.007, Government
5-9 Code. The program contemplates a topic-by-topic revision of the
5-10 state's general and permanent statute law without substantive
5-11 change.
5-12 (b) Consistent with the objectives of the statutory revision
5-13 program, the purpose of this code is to make the law encompassed by
5-14 this code more accessible and understandable, by:
5-15 (1) rearranging the statutes into a more logical
5-16 order;
5-17 (2) employing a format and numbering system designed
5-18 to facilitate citation of the law and to accommodate future
5-19 expansion of the law;
5-20 (3) eliminating repealed, duplicative,
5-21 unconstitutional, expired, executed, and other ineffective
5-22 provisions; and
5-23 (4) restating the law in modern American English to
5-24 the greatest extent possible. (New.)
5-25 Sec. 1.002. CONSTRUCTION OF CODE. Chapter 311, Government
5-26 Code (Code Construction Act), applies to the construction of each
5-27 provision in this code except as otherwise expressly provided by
6-1 this code. (New.)
6-2 Sec. 1.003. INTERNAL REFERENCES. In this code:
6-3 (1) a reference to a title, chapter, or section
6-4 without further identification is a reference to a title, chapter,
6-5 or section of this code; and
6-6 (2) a reference to a subtitle, subchapter, subsection,
6-7 subdivision, paragraph, or other numbered or lettered unit without
6-8 further identification is a reference to a unit of the next larger
6-9 unit of this code in which the reference appears. (New.)
6-10 Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A
6-11 reference in a law to a statute or a part of a statute revised by
6-12 this code is considered to be a reference to the part of this code
6-13 that revises that statute or part of the statute. (New.)
6-14 (Chapters 2-20 reserved for expansion)
6-15 TITLE 2. PROTECTION OF LABORERS
6-16 SUBTITLE A. EMPLOYMENT DISCRIMINATION
6-17 CHAPTER 21. EMPLOYMENT DISCRIMINATION
6-18 SUBCHAPTER A. GENERAL PROVISIONS
6-19 Sec. 21.001. PURPOSES
6-20 Sec. 21.002. DEFINITIONS
6-21 Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION
6-22 Sec. 21.004. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY
6-23 Sec. 21.005. EFFECT ON OTHER STATE OR FEDERAL LAWS
6-24 Sec. 21.006. CONFORMITY WITH FEDERAL STATUTES
6-25 (Sections 21.007-21.050 reserved for expansion)
6-26 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
6-27 Sec. 21.051. DISCRIMINATION BY EMPLOYER
7-1 Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY
7-2 Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION
7-3 Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM
7-4 Sec. 21.055. RETALIATION
7-5 Sec. 21.056. AIDING OR ABETTING DISCRIMINATION
7-6 Sec. 21.057. INTERFERENCE WITH COMMISSION
7-7 Sec. 21.058. PREVENTION OF COMPLIANCE
7-8 Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT
7-9 Sec. 21.060. VIOLATION OF CONCILIATION AGREEMENT
7-10 Sec. 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE
7-11 (Sections 21.062-21.100 reserved for expansion)
7-12 SUBCHAPTER C. APPLICATION; EXCEPTIONS
7-13 Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF
7-14 CERTAIN AGE
7-15 Sec. 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION
7-16 MEASUREMENT SYSTEM
7-17 Sec. 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN
7-18 EMPLOYEES
7-19 Sec. 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE
7-20 FIGHTERS
7-21 Sec. 21.105. DISCRIMINATION BASED ON DISABILITY
7-22 Sec. 21.106. SEX DISCRIMINATION
7-23 Sec. 21.107. EFFECT ON ABORTION BENEFITS
7-24 Sec. 21.108. DISCRIMINATION BASED ON RELIGION
7-25 Sec. 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION
7-26 Sec. 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN
7-27 Sec. 21.111. PERSON EMPLOYED OUT OF STATE
8-1 Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS
8-2 Sec. 21.113. IMBALANCE PLAN NOT REQUIRED
8-3 Sec. 21.114. PLAN TO END DISCRIMINATORY SCHOOL PRACTICES
8-4 Sec. 21.115. BUSINESS NECESSITY
8-5 Sec. 21.116. RELIANCE ON COMMISSION INTERPRETATION
8-6 OR OPINION
8-7 Sec. 21.117. EMPLOYMENT OF FAMILY MEMBER
8-8 Sec. 21.118. STATEWIDE HOMETOWN PLAN
8-9 Sec. 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION
8-10 (Sections 21.120-21.150 reserved for expansion)
8-11 SUBCHAPTER D. LOCAL ENFORCEMENT
8-12 Sec. 21.151. ENFORCEMENT BY ORDINANCE
8-13 Sec. 21.152. CREATION OF LOCAL COMMISSION
8-14 Sec. 21.153. GENERAL POWERS AND DUTIES OF LOCAL COMMISSION
8-15 Sec. 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF
8-16 LOCAL COMMISSION
8-17 Sec. 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION
8-18 ON COMPLAINTS
8-19 Sec. 21.156. REFERRAL BY LOCAL COMMISSION TO STATE
8-20 COMMISSION
8-21 (Sections 21.157-21.200 reserved for expansion)
8-22 SUBCHAPTER E. ADMINISTRATIVE REVIEW
8-23 Sec. 21.201. FILING OF COMPLAINT; FORM AND CONTENT;
8-24 SERVICE
8-25 Sec. 21.202. STATUTE OF LIMITATIONS
8-26 Sec. 21.203. INVITATION FOR VOLUNTARY RESOLUTION
8-27 Sec. 21.204. INVESTIGATION BY COMMISSION
9-1 Sec. 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF
9-2 COMPLAINT
9-3 Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW
9-4 BY PANEL
9-5 Sec. 21.207. RESOLUTION BY INFORMAL METHODS
9-6 Sec. 21.208. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT
9-7 Sec. 21.209. DISCRIMINATION BASED ON DISABILITY; DEFENSE OF
9-8 UNDUE HARDSHIP; ORDER
9-9 Sec. 21.210. TEMPORARY INJUNCTIVE RELIEF
9-10 Sec. 21.211. ELECTION OF REMEDIES
9-11 (Sections 21.212-21.250 reserved for expansion)
9-12 SUBCHAPTER F. JUDICIAL ENFORCEMENT
9-13 Sec. 21.251. CIVIL ACTION BY COMMISSION
9-14 Sec. 21.252. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
9-15 ACTION
9-16 Sec. 21.253. EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO FILE
9-17 CIVIL ACTION
9-18 Sec. 21.254. CIVIL ACTION BY COMPLAINANT
9-19 Sec. 21.255. COMMISSION'S INTERVENTION IN CIVIL ACTION
9-20 BY COMPLAINANT
9-21 Sec. 21.256. STATUTE OF LIMITATIONS
9-22 Sec. 21.257. ASSIGNMENT TO EARLY HEARING
9-23 Sec. 21.258. INJUNCTION; EQUITABLE RELIEF
9-24 Sec. 21.259. ATTORNEY'S FEES; COSTS
9-25 Sec. 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT
9-26 Sec. 21.261. COMPELLED COMPLIANCE
9-27 Sec. 21.262. TRIAL DE NOVO
10-1 (Sections 21.263-21.300 reserved for expansion)
10-2 SUBCHAPTER G. RECORDS
10-3 Sec. 21.301. RECORDKEEPING; REPORTS
10-4 Sec. 21.302. RECORDS; TRAINING PROGRAM
10-5 Sec. 21.303. CONFORMITY TO FEDERAL LAW
10-6 Sec. 21.304. CONFIDENTIALITY OF RECORDS
10-7 Sec. 21.305. ACCESS TO COMMISSION RECORDS
10-8 Sec. 21.306. SUBPOENA OF RECORD OR REPORT
10-9 CHAPTER 21. EMPLOYMENT DISCRIMINATION
10-10 SUBCHAPTER A. GENERAL PROVISIONS
10-11 Sec. 21.001. PURPOSES. The general purposes of this chapter
10-12 are to:
10-13 (1) provide for the execution of the policies of Title
10-14 VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e et
10-15 seq.);
10-16 (2) identify an authority that meets the criteria
10-17 under 42 U.S.C. Section 2000e-5(c) and 29 U.S.C. Section 633;
10-18 (3) secure for persons in this state, including
10-19 persons with disabilities, freedom from discrimination in certain
10-20 employment transactions, in order to protect their personal
10-21 dignity;
10-22 (4) make available to the state the full productive
10-23 capacities of persons in this state;
10-24 (5) avoid domestic strife and unrest in this state;
10-25 (6) preserve the public safety, health, and general
10-26 welfare; and
10-27 (7) promote the interests, rights, and privileges of
11-1 persons in this state. (V.A.C.S. Art. 5221k, Sec. 1.02.)
11-2 Sec. 21.002. DEFINITIONS. In this chapter:
11-3 (1) "Bona fide occupational qualification" means a
11-4 qualification:
11-5 (A) reasonably related to the satisfactory
11-6 performance of the duties of a job; and
11-7 (B) for which a factual basis exists for the
11-8 belief that a person of an excluded group would not be able to
11-9 satisfactorily perform the duties of the job with safety or
11-10 efficiency.
11-11 (2) "Commission" means the Commission on Human Rights.
11-12 (3) "Commissioner" means a member of the commission.
11-13 (4) "Disability" means a mental or physical
11-14 impairment, or a record of a mental or physical impairment, that
11-15 substantially limits at least one major life activity. The term
11-16 does not include:
11-17 (A) a current condition of addiction to the use
11-18 of alcohol, a drug, an illegal substance, or a federally
11-19 controlled substance; or
11-20 (B) a currently communicable disease or
11-21 infection, including acquired immune deficiency syndrome or
11-22 infection with the human immunodeficiency virus, that constitutes a
11-23 direct threat to the health or safety of other persons or that
11-24 makes the affected person unable to perform the duties of the
11-25 person's employment.
11-26 (5) "Employee" means an individual employed by an
11-27 employer, including an individual subject to the civil service laws
12-1 of this state or a county or municipality of this state. The term
12-2 does not include an individual elected by the qualified voters to
12-3 public office in this state or a county or municipality of this
12-4 state or an individual chosen by such a public officer to be:
12-5 (A) on the officer's personal staff;
12-6 (B) an appointee on the policy-making level; or
12-7 (C) an immediate adviser for the exercise of the
12-8 constitutional or legal powers of public office.
12-9 (6) "Employer" means:
12-10 (A) a person who is engaged in an industry
12-11 affecting commerce and who has 15 or more employees for each
12-12 working day in each of 20 or more calendar weeks in the current or
12-13 preceding calendar year;
12-14 (B) an agent of a person described by Paragraph
12-15 (A); or
12-16 (C) a county, municipality, state agency, or
12-17 state instrumentality, including a public institution of education,
12-18 regardless of the number of employees.
12-19 (7) "Employment agency" means a person or an agent of
12-20 the person who regularly undertakes, with or without compensation,
12-21 to procure:
12-22 (A) employees for an employer; or
12-23 (B) the opportunity for employees to work for an
12-24 employer.
12-25 (8) "Labor organization" means a labor organization
12-26 engaged in an industry affecting commerce. The term includes:
12-27 (A) an organization, an agency, or an employee
13-1 representation committee, group, association, or plan engaged in an
13-2 industry affecting commerce in which employees participate and that
13-3 exists for the purpose, in whole or in part, of dealing with
13-4 employers concerning grievances, labor disputes, wages, rates of
13-5 pay, hours, or other terms or conditions of employment;
13-6 (B) a conference, general committee, joint or
13-7 system board, or joint council that is subordinate to a national or
13-8 international labor organization; and
13-9 (C) an agent of a labor organization.
13-10 (9) "Local commission" means a commission on human
13-11 relations created by one or more counties or municipalities.
13-12 (10) "Respondent" means the person charged in a
13-13 complaint filed under this chapter. (V.A.C.S. Art. 5221k, Secs.
13-14 2.01(1), (2), (3), (4), (6), (7), (8), (9), (10); 6.01(a) (part).)
13-15 Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION. (a)
13-16 The commission may:
13-17 (1) promote the creation of local commissions on human
13-18 rights by cooperating or contracting with any person, including
13-19 agencies of the federal government and of other states;
13-20 (2) receive, investigate, conciliate, and rule on
13-21 complaints alleging violations of this chapter;
13-22 (3) file civil actions to carry out the purposes of
13-23 this chapter;
13-24 (4) request and, if necessary, compel by subpoena:
13-25 (A) the attendance of necessary witnesses for
13-26 examination under oath; and
13-27 (B) the production, for inspection and copying,
14-1 of records, documents, and other evidence relevant to the
14-2 investigation of alleged violations of this chapter;
14-3 (5) furnish technical assistance requested by a person
14-4 subject to this chapter to further compliance with this chapter or
14-5 with a rule or order issued under this chapter;
14-6 (6) recommend in its annual report legislation or
14-7 other action to carry out the purposes and policies of this
14-8 chapter; and
14-9 (7) adopt procedural rules to carry out the purposes
14-10 and policies of this chapter.
14-11 (b) The commission by rule may authorize a commissioner or
14-12 one of its staff to exercise the powers stated in Subsection (a)(4)
14-13 on behalf of the commission.
14-14 (c) The commission biennially shall develop an inventory of
14-15 equal employment opportunity policies and programs adopted and
14-16 implemented by the various state agencies.
14-17 (d) The commission at least annually shall make a
14-18 comprehensive written report to the governor and to the
14-19 legislature.
14-20 (e) The commission shall conduct a study of the policies and
14-21 programs of a selected state agency if the commission is directed
14-22 to conduct the study by legislative resolution or by executive
14-23 order of the governor. (V.A.C.S. Art. 5221k, Secs. 3.02(a) (part),
14-24 (d).)
14-25 Sec. 21.004. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY. (a)
14-26 A person commits an offense if the person wilfully resists,
14-27 prevents, impedes, or interferes with the performance of a duty
15-1 under or the exercise of a power provided by this chapter.
15-2 (b) An offense under this section is a Class B misdemeanor.
15-3 (V.A.C.S. Art. 5221k, Sec. 9.02.)
15-4 Sec. 21.005. EFFECT ON OTHER STATE OR FEDERAL LAWS. This
15-5 chapter does not relieve a government agency or official of the
15-6 responsibility to ensure nondiscrimination in employment as
15-7 required under another provision of the state or federal
15-8 constitutions or laws. (V.A.C.S. Art. 5221k, Sec. 10.01.)
15-9 Sec. 21.006. CONFORMITY WITH FEDERAL STATUTES. If a
15-10 provision of this chapter is held by the Equal Employment
15-11 Opportunity Commission to disqualify the commission as a deferral
15-12 agency or for the receipt of federal funds, the commission shall
15-13 administer this chapter to qualify for deferral status or the
15-14 receipt of those funds until the legislature meets in its next
15-15 session and has an opportunity to amend this chapter. (V.A.C.S.
15-16 Art. 5221k, Sec. 10.05.)
15-17 (Sections 21.007-21.050 reserved for expansion)
15-18 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
15-19 Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
15-20 commits an unlawful employment practice if because of race, color,
15-21 disability, religion, sex, national origin, or age the employer:
15-22 (1) fails or refuses to hire an individual, discharges
15-23 an individual, or discriminates in any other manner against an
15-24 individual in connection with compensation or the terms,
15-25 conditions, or privileges of employment; or
15-26 (2) limits, segregates, or classifies an employee or
15-27 applicant for employment in a manner that would deprive or tend to
16-1 deprive an individual of any employment opportunity or adversely
16-2 affect in any other manner the status of an employee. (V.A.C.S.
16-3 Art. 5221k, Sec. 5.01.)
16-4 Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
16-5 employment agency commits an unlawful employment practice if the
16-6 employment agency:
16-7 (1) fails or refuses to refer for employment or
16-8 discriminates in any other manner against an individual because of
16-9 race, color, disability, religion, sex, national origin, or age; or
16-10 (2) classifies or refers an individual for employment
16-11 on the basis of race, color, disability, religion, sex, national
16-12 origin, or age. (V.A.C.S. Art. 5221k, Sec. 5.02.)
16-13 Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
16-14 organization commits an unlawful employment practice if because of
16-15 race, color, disability, religion, sex, national origin, or age the
16-16 labor organization:
16-17 (1) excludes or expels from membership or
16-18 discriminates in any other manner against an individual; or
16-19 (2) limits, segregates, or classifies a member or an
16-20 applicant for membership or classifies or fails or refuses to refer
16-21 for employment an individual in a manner that would:
16-22 (A) deprive or tend to deprive an individual of
16-23 any employment opportunity;
16-24 (B) limit an employment opportunity or adversely
16-25 affect in any other manner the status of an employee or of an
16-26 applicant for employment; or
16-27 (C) cause or attempt to cause an employer to
17-1 violate this subchapter. (V.A.C.S. Art. 5221k, Sec. 5.03.)
17-2 Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM.
17-3 (a) Unless a training or retraining opportunity or program is
17-4 provided under an affirmative action plan approved under a federal
17-5 law, rule, or order, an employer, labor organization, or joint
17-6 labor-management committee controlling an apprenticeship,
17-7 on-the-job training, or other training or retraining program
17-8 commits an unlawful employment practice if the employer, labor
17-9 organization, or committee discriminates against an individual
17-10 because of race, color, disability, religion, sex, national origin,
17-11 or age in admission to or participation in the program.
17-12 (b) The prohibition against discrimination because of age in
17-13 this section applies only to discrimination because of age against
17-14 an individual who is at least 40 years of age but younger than 56
17-15 years of age. (V.A.C.S. Art. 5221k, Sec. 5.04.)
17-16 Sec. 21.055. RETALIATION. An employer, labor union, or
17-17 employment agency commits an unlawful employment practice if the
17-18 employer, labor union, or employment agency retaliates or
17-19 discriminates against a person who, under this chapter:
17-20 (1) opposes a discriminatory practice;
17-21 (2) makes or files a charge;
17-22 (3) files a complaint; or
17-23 (4) testifies, assists, or participates in any manner
17-24 in an investigation, proceeding, or hearing. (V.A.C.S. Art. 5221k,
17-25 Sec. 5.05(a) (part).)
17-26 Sec. 21.056. AIDING OR ABETTING DISCRIMINATION. An
17-27 employer, labor union, or employment agency commits an unlawful
18-1 employment practice if the employer, labor union, or employment
18-2 agency aids, abets, incites, or coerces a person to engage in a
18-3 discriminatory practice. (V.A.C.S. Art. 5221k, Sec. 5.05(a)
18-4 (part).)
18-5 Sec. 21.057. INTERFERENCE WITH COMMISSION. An employer,
18-6 labor union, or employment agency commits an unlawful employment
18-7 practice if the employer, labor union, or employment agency
18-8 wilfully interferes with the performance of a duty or the exercise
18-9 of a power under this chapter or Chapter 461, Government Code, by
18-10 the commission, the commission's staff, or the commission's
18-11 representative. (V.A.C.S. Art. 5221k, Sec. 5.05(a) (part).)
18-12 Sec. 21.058. PREVENTION OF COMPLIANCE. An employer, labor
18-13 union, or employment agency commits an unlawful employment practice
18-14 if the employer, labor union, or employment agency wilfully
18-15 obstructs or prevents a person from complying with this chapter or
18-16 a rule adopted or order issued under this chapter. (V.A.C.S. Art.
18-17 5221k, Sec. 5.05(a) (part).)
18-18 Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a)
18-19 An employer, labor organization, employment agency, or joint
18-20 labor-management committee controlling an apprenticeship,
18-21 on-the-job training, or other training or retraining program
18-22 commits an unlawful employment practice if the employer, labor
18-23 organization, employment agency, or committee prints or publishes
18-24 or causes to be printed or published a notice or advertisement
18-25 relating to employment that:
18-26 (1) indicates a preference, limitation, specification,
18-27 or discrimination based on race, color, disability, religion, sex,
19-1 national origin, or age; and
19-2 (2) concerns an employee's status, employment, or
19-3 admission to or membership or participation in a labor union or
19-4 training or retraining program.
19-5 (b) This section does not apply if disability, religion,
19-6 sex, national origin, or age is a bona fide occupational
19-7 qualification. (V.A.C.S. Art. 5221k, Sec. 5.05(b).)
19-8 Sec. 21.060. VIOLATION OF CONCILIATION AGREEMENT. A party
19-9 to a conciliation agreement made under this chapter commits an
19-10 unlawful employment practice if the party violates the terms of the
19-11 conciliation agreement. (V.A.C.S. Art. 5221k, Sec. 9.01.)
19-12 Sec. 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE. In
19-13 the absence of other evidence of an unlawful employment practice,
19-14 evidence of the employment of one person in place of another is not
19-15 sufficient to establish an unlawful employment practice. (V.A.C.S.
19-16 Art. 5221k, Sec. 5.07(b).)
19-17 (Sections 21.062-21.100 reserved for expansion)
19-18 SUBCHAPTER C. APPLICATION; EXCEPTIONS
19-19 Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF
19-20 CERTAIN AGE. Except as provided by Section 21.054, the provisions
19-21 of this chapter referring to discrimination because of age or on
19-22 the basis of age apply only to discrimination against an individual
19-23 40 years of age or older. (V.A.C.S. Art. 5221k, Sec. 1.04(a)
19-24 (part).)
19-25 Sec. 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION
19-26 MEASUREMENT SYSTEM. (a) Except as provided by Subsections (b) and
19-27 (c), an employer does not commit an unlawful employment practice by
20-1 applying different standards of compensation or different terms,
20-2 conditions, or privileges of employment under:
20-3 (1) a bona fide seniority system, merit system, or an
20-4 employee benefit plan, such as a retirement, pension, or insurance
20-5 plan, that is not a subterfuge to evade this chapter; or
20-6 (2) a system that measures earnings by quantity or
20-7 quality of production.
20-8 (b) An employee benefit plan may not excuse a failure to
20-9 hire on the basis of age. A seniority system or employee benefit
20-10 plan may not require or permit involuntary retirement on the basis
20-11 of age except as permitted by Section 21.103.
20-12 (c) This section does not apply to standards of compensation
20-13 or terms, conditions, or privileges of employment that are
20-14 discriminatory on the basis of race, color, disability, religion,
20-15 sex, national origin, or age. (V.A.C.S. Art. 5221k, Sec. 5.07(a)
20-16 (part).)
20-17 Sec. 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN
20-18 EMPLOYEES. This chapter does not prohibit the compulsory
20-19 retirement of an employee who is:
20-20 (1) at least 65 years of age;
20-21 (2) employed in a bona fide executive or high
20-22 policy-making position for the two years preceding retirement; and
20-23 (3) entitled to an immediate, nonforfeitable annual
20-24 retirement benefit from a pension, profit-sharing, savings, or
20-25 deferred compensation plan or a combination of plans of the
20-26 employee's employer that equals, in the aggregate, at least
20-27 $27,000. (V.A.C.S. Art. 5221k, Sec. 1.04(a) (part).)
21-1 Sec. 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE
21-2 FIGHTERS. An employer does not commit an unlawful employment
21-3 practice by imposing a minimum or maximum age requirement for peace
21-4 officers or fire fighters. (V.A.C.S. Art. 5221k, Sec. 5.07(a)
21-5 (part).)
21-6 Sec. 21.105. DISCRIMINATION BASED ON DISABILITY. A
21-7 provision in this subchapter or Subchapter B referring to
21-8 discrimination because of disability or on the basis of disability
21-9 applies only to discrimination because of or on the basis of a
21-10 physical or mental condition that does not impair an individual's
21-11 ability to reasonably perform a job. (V.A.C.S. Art. 5221k, Sec.
21-12 1.04(b).)
21-13 Sec. 21.106. SEX DISCRIMINATION. (a) A provision in this
21-14 chapter referring to discrimination because of sex or on the basis
21-15 of sex includes discrimination because of or on the basis of
21-16 pregnancy, childbirth, or a related medical condition.
21-17 (b) A woman affected by pregnancy, childbirth, or a related
21-18 medical condition shall be treated for all purposes related to
21-19 employment, including receipt of a benefit under a fringe benefit
21-20 program, in the same manner as another individual not affected but
21-21 similar in the individual's ability or inability to work.
21-22 (V.A.C.S. Art. 5221k, Sec. 1.04(c) (part).)
21-23 Sec. 21.107. EFFECT ON ABORTION BENEFITS. This chapter does
21-24 not:
21-25 (1) require an employer to pay for health insurance
21-26 benefits for abortion unless the life of the mother would be
21-27 endangered if the fetus were carried to term;
22-1 (2) preclude an employer from providing abortion
22-2 benefits; or
22-3 (3) affect a bargaining agreement relating to
22-4 abortion. (V.A.C.S. Art. 5221k, Sec. 1.04(c) (part).)
22-5 Sec. 21.108. DISCRIMINATION BASED ON RELIGION. A provision
22-6 in this chapter referring to discrimination because of religion or
22-7 on the basis of religion applies to discrimination because of or on
22-8 the basis of any aspect of religious observance, practice, or
22-9 belief, unless an employer demonstrates that the employer is unable
22-10 reasonably to accommodate the religious observance or practice of
22-11 an employee or applicant without undue hardship to the conduct of
22-12 the employer's business. (V.A.C.S. Art. 5221k, Sec. 2.01(14).)
22-13 Sec. 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION. (a) A
22-14 religious corporation, association, society, or educational
22-15 institution or an educational organization operated, supervised, or
22-16 controlled in whole or in substantial part by a religious
22-17 corporation, association, or society does not commit an unlawful
22-18 employment practice by limiting employment or giving a preference
22-19 to members of the same religion.
22-20 (b) Subchapter B does not apply to the employment of an
22-21 individual of a particular religion by a religious corporation,
22-22 association, or society to perform work connected with the
22-23 performance of religious activities by the corporation,
22-24 association, or society. (V.A.C.S. Art. 5221k, Secs. 5.06 (part),
22-25 5.07(a) (part).)
22-26 Sec. 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN. A
22-27 provision in this chapter referring to discrimination because of
23-1 national origin or on the basis of national origin includes
23-2 discrimination because of or on the basis of the national origin of
23-3 an ancestor. (V.A.C.S. Art. 5221k, Sec. 2.01(11).)
23-4 Sec. 21.111. PERSON EMPLOYED OUT OF STATE. This chapter
23-5 does not apply to an employer with respect to the employment of a
23-6 person outside this state. (V.A.C.S. Art. 5221k, Sec. 5.10.)
23-7 Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
23-8 does not commit an unlawful employment practice by applying to
23-9 employees who work in different locations different standards of
23-10 compensation or different terms, conditions, or privileges of
23-11 employment that are not discriminatory on the basis of race, color,
23-12 disability, religion, sex, national origin, or age. (V.A.C.S. Art.
23-13 5221k, Sec. 5.07(a) (part).)
23-14 Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter does
23-15 not require a person subject to this chapter to grant preferential
23-16 treatment to an individual or a group on the basis of race, color,
23-17 disability, religion, sex, national origin, or age because of an
23-18 imbalance between:
23-19 (1) the total number or percentage of persons of that
23-20 individual's or group's race, color, disability, religion, sex,
23-21 national origin, or age:
23-22 (A) employed by an employer;
23-23 (B) referred or classified for employment by an
23-24 employment agency or labor organization;
23-25 (C) admitted to membership or classified by a
23-26 labor organization; or
23-27 (D) admitted to or employed in an
24-1 apprenticeship, on-the-job training, or other training or
24-2 retraining program; and
24-3 (2) the total number or percentage of persons of that
24-4 race, color, disability, religion, sex, national origin, or age in:
24-5 (A) a community, this state, a region, or other
24-6 area; or
24-7 (B) the available work force in a community,
24-8 this state, a region, or other area. (V.A.C.S. Art. 5221k, Sec.
24-9 5.09.)
24-10 Sec. 21.114. PLAN TO END DISCRIMINATORY SCHOOL PRACTICES. A
24-11 public school official does not commit an unlawful employment
24-12 practice by adopting or implementing a plan reasonably designed to
24-13 end discriminatory school practices. (V.A.C.S. Art. 5221k, Sec.
24-14 5.07(a) (part).)
24-15 Sec. 21.115. BUSINESS NECESSITY. An employer does not
24-16 commit an unlawful employment practice by engaging in a practice
24-17 that has a discriminatory effect and that would otherwise be
24-18 prohibited by this chapter if the employer establishes that the
24-19 practice:
24-20 (1) is not intentionally devised or operated to
24-21 contravene the prohibitions of this chapter; and
24-22 (2) is justified by business necessity. (V.A.C.S.
24-23 Art. 5221k, Sec. 5.07(a) (part).)
24-24 Sec. 21.116. RELIANCE ON COMMISSION INTERPRETATION OR
24-25 OPINION. (a) A person is not liable for an unlawful employment
24-26 practice performed in good faith and in conformity with and in
24-27 reliance on a written interpretation or opinion of the commission.
25-1 (b) In a proceeding alleging an unlawful employment
25-2 practice, the respondent has the burden of pleading and proving the
25-3 defense provided by this section. (V.A.C.S. Art. 5221k, Sec.
25-4 5.08.)
25-5 Sec. 21.117. EMPLOYMENT OF FAMILY MEMBER. Subchapter B does
25-6 not apply to the employment of an individual by the individual's
25-7 parent, spouse, or child. (V.A.C.S. Art. 5221k, Sec. 5.06 (part).)
25-8 Sec. 21.118. STATEWIDE HOMETOWN PLAN. Subchapter B does not
25-9 apply to a labor union, firm, association, or individual
25-10 participating on September 23, 1983, in a statewide hometown plan
25-11 approved by the United States Department of Labor. (V.A.C.S. Art.
25-12 5221k, Sec. 5.06 (part).)
25-13 Sec. 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION. If
25-14 disability, religion, sex, national origin, or age is a bona fide
25-15 occupational qualification reasonably necessary to the normal
25-16 operation of the particular business or enterprise, performing any
25-17 of the following practices on the basis of disability, religion,
25-18 sex, national origin, or age of an employee, member, or other
25-19 individual is not an unlawful employment practice:
25-20 (1) an employer hiring and employing an employee;
25-21 (2) an employment agency classifying or referring an
25-22 individual for employment;
25-23 (3) a labor organization classifying its members or
25-24 classifying or referring an individual for employment; or
25-25 (4) an employer, labor organization, or joint
25-26 labor-management committee controlling an apprenticeship,
25-27 on-the-job training, or other training or retraining program
26-1 admitting or employing an individual in its program. (V.A.C.S.
26-2 Art. 5221k, Sec. 5.07(a) (part).)
26-3 (Sections 21.120-21.150 reserved for expansion)
26-4 SUBCHAPTER D. LOCAL ENFORCEMENT
26-5 Sec. 21.151. ENFORCEMENT BY ORDINANCE. A county or
26-6 municipality may adopt and enforce an order or ordinance that
26-7 prohibits a practice that is unlawful under this chapter, another
26-8 state law, or federal law. (V.A.C.S. Art. 5221k, Sec. 4.01.)
26-9 Sec. 21.152. CREATION OF LOCAL COMMISSION. (a) A county or
26-10 municipality or two or more counties or municipalities acting
26-11 jointly may create a local commission to:
26-12 (1) promote the purposes of this chapter; and
26-13 (2) secure for all individuals in the jurisdiction of
26-14 each county or municipality freedom from discrimination because of
26-15 race, color, disability, religion, sex, national origin, or age.
26-16 (b) The county or municipality creating a local commission
26-17 may appropriate funds for the expenses of the local commission.
26-18 (V.A.C.S. Art. 5221k, Sec. 4.02.)
26-19 Sec. 21.153. GENERAL POWERS AND DUTIES OF LOCAL COMMISSION.
26-20 (a) A local commission may:
26-21 (1) employ an executive director and other employees
26-22 and agents and set their compensation;
26-23 (2) cooperate or contract with a person, including an
26-24 agency of the federal government or of another state or
26-25 municipality; and
26-26 (3) accept a public grant or private gift, bequest, or
26-27 other payment.
27-1 (b) A local commission shall prepare at least annually a
27-2 report and furnish a copy of the report to the Commission on Human
27-3 Rights. (V.A.C.S. Art. 5221k, Sec. 4.03 (part).)
27-4 Sec. 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF LOCAL
27-5 COMMISSION. (a) If the federal government or the Commission on
27-6 Human Rights refers a complaint alleging a violation of this
27-7 chapter to a local commission or defers jurisdiction over the
27-8 subject matter of the complaint to a local commission, the local
27-9 commission may receive, investigate, conciliate, or rule on the
27-10 complaint and may file a civil action to carry out the purposes of
27-11 this chapter.
27-12 (b) The local commission may request, and as necessary,
27-13 compel by subpoena:
27-14 (1) the attendance of a witness for examination under
27-15 oath; or
27-16 (2) the production for inspection or copying of a
27-17 record, document, or other evidence relevant to the investigation
27-18 of an alleged violation of this chapter. (V.A.C.S. Art. 5221k,
27-19 Sec. 4.03 (part).)
27-20 Sec. 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION ON
27-21 COMPLAINTS. (a) The Commission on Human Rights shall refer a
27-22 complaint concerning discrimination in employment because of race,
27-23 color, disability, religion, sex, national origin, or age that is
27-24 filed with that commission to a local commission with the necessary
27-25 investigatory and conciliatory powers if:
27-26 (1) the complaint has been referred to the Commission
27-27 on Human Rights by the federal government; or
28-1 (2) jurisdiction over the subject matter of the
28-2 complaint has been deferred to the Commission on Human Rights by
28-3 the federal government.
28-4 (b) The local commission shall take appropriate action to
28-5 remedy the practice alleged as discriminatory in the referred
28-6 complaint.
28-7 (c) If the local commission does not act on the complaint
28-8 within 60 days or a longer time that is reasonable, the Commission
28-9 on Human Rights shall reassume responsibility for the complaint and
28-10 take appropriate action on the complaint. (V.A.C.S. Art. 5221k,
28-11 Secs. 4.04(a), (b).)
28-12 Sec. 21.156. REFERRAL BY LOCAL COMMISSION TO STATE
28-13 COMMISSION. A local commission may refer a matter under its
28-14 jurisdiction to the Commission on Human Rights. (V.A.C.S. Art.
28-15 5221k, Sec. 4.04(c).)
28-16 (Sections 21.157-21.200 reserved for expansion)
28-17 SUBCHAPTER E. ADMINISTRATIVE REVIEW
28-18 Sec. 21.201. FILING OF COMPLAINT; FORM AND CONTENT; SERVICE.
28-19 (a) A person claiming to be aggrieved by an unlawful employment
28-20 practice or the person's agent may file a complaint with the
28-21 commission.
28-22 (b) The complaint must be in writing and made under oath.
28-23 (c) The complaint must state:
28-24 (1) that an unlawful employment practice has been
28-25 committed;
28-26 (2) the facts on which the complaint is based,
28-27 including the date, place, and circumstances of the alleged
29-1 unlawful employment practice; and
29-2 (3) facts sufficient to enable the commission to
29-3 identify the respondent.
29-4 (d) The executive director or the executive director's
29-5 designee shall serve the respondent with a copy of the complaint
29-6 not later than the 10th day after the date the complaint is filed.
29-7 (V.A.C.S. Art. 5221k, Sec. 6.01(a) (part).)
29-8 Sec. 21.202. STATUTE OF LIMITATIONS. (a) A complaint under
29-9 this subchapter must be filed not later than the 180th day after
29-10 the date the alleged unlawful employment practice occurred.
29-11 (b) The commission shall dismiss an untimely complaint.
29-12 (V.A.C.S. Art. 5221k, Sec. 6.01(a) (part).)
29-13 Sec. 21.203. INVITATION FOR VOLUNTARY RESOLUTION. The
29-14 executive director or the executive director's designee shall
29-15 invite the complainant and respondent to attempt voluntarily to
29-16 resolve the dispute before initiation and completion of an
29-17 investigation. (V.A.C.S. Art. 5221k, Sec. 6.01(a) (part).)
29-18 Sec. 21.204. INVESTIGATION BY COMMISSION. (a) The
29-19 executive director or a staff member of the commission designated
29-20 by the executive director shall investigate a complaint and
29-21 determine if there is reasonable cause to believe that the
29-22 respondent engaged in an unlawful employment practice as alleged in
29-23 the complaint.
29-24 (b) If the federal government has referred the complaint to
29-25 the commission or has deferred jurisdiction over the subject matter
29-26 of the complaint to the commission, the executive director or the
29-27 executive director's designee shall promptly investigate the
30-1 allegations stated in the complaint. (V.A.C.S. Art. 5221k, Sec.
30-2 6.01(a) (part).)
30-3 Sec. 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF
30-4 COMPLAINT. (a) If after investigation the executive director or
30-5 the executive director's designee determines that reasonable cause
30-6 does not exist to believe that the respondent engaged in an
30-7 unlawful employment practice as alleged in a complaint, the
30-8 executive director or the executive director's designee shall issue
30-9 a written determination, incorporating the finding that the
30-10 evidence does not support the complaint and dismissing the
30-11 complaint.
30-12 (b) The executive director or the executive director's
30-13 designee shall serve a copy of the determination on the
30-14 complainant, the respondent, and other agencies as required by law.
30-15 (V.A.C.S. Art. 5221k, Sec. 6.01(b).)
30-16 Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY
30-17 PANEL. (a) If after investigation the executive director or the
30-18 executive director's designee determines that there is reasonable
30-19 cause to believe that the respondent engaged in an unlawful
30-20 employment practice as alleged in a complaint, the executive
30-21 director or the executive director's designee shall review with a
30-22 panel of three commissioners the evidence in the record.
30-23 (b) If after the review at least two of the three
30-24 commissioners determine that there is reasonable cause to believe
30-25 that the respondent engaged in an unlawful employment practice, the
30-26 executive director shall:
30-27 (1) issue a written determination incorporating the
31-1 executive director's finding that the evidence supports the
31-2 complaint; and
31-3 (2) serve a copy of the determination on the
31-4 complainant, the respondent, and other agencies as required by law.
31-5 (V.A.C.S. Art. 5221k, Sec. 6.01(c) (part).)
31-6 Sec. 21.207. RESOLUTION BY INFORMAL METHODS. (a) If a
31-7 determination of reasonable cause is made under Section 21.206, the
31-8 commission shall endeavor to eliminate the alleged unlawful
31-9 employment practice by informal methods of conference,
31-10 conciliation, and persuasion.
31-11 (b) Without the written consent of the complainant and
31-12 respondent, the commission, its executive director, or its other
31-13 officers or employees may not disclose to the public information
31-14 about the efforts in a particular case to resolve an alleged
31-15 discriminatory practice by conference, conciliation, or persuasion,
31-16 regardless of whether there is a determination of reasonable cause.
31-17 (V.A.C.S. Art. 5221k, Sec. 6.01(c) (part).)
31-18 Sec. 21.208. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.
31-19 If the commission dismisses a complaint filed under Section 21.201
31-20 or does not resolve the complaint before the 181st day after the
31-21 date the complaint was filed, the commission shall inform the
31-22 complainant of the dismissal or failure to resolve the complaint in
31-23 writing by certified mail. (V.A.C.S. Art. 5221k, Sec. 7.01(a)
31-24 (part).)
31-25 Sec. 21.209. DISCRIMINATION BASED ON DISABILITY; DEFENSE OF
31-26 UNDUE HARDSHIP; ORDER. (a) A showing of undue hardship by a
31-27 respondent is a defense to a complaint of discrimination based on
32-1 disability made by an employee or applicant.
32-2 (b) For a complaint based on disability, the commission's
32-3 order must consider the reasonableness of the cost of necessary
32-4 work place accommodation and the availability of alternatives or
32-5 other appropriate relief. (V.A.C.S. Art. 5221k, Sec. 6.01(d).)
32-6 Sec. 21.210. TEMPORARY INJUNCTIVE RELIEF. (a) If the
32-7 commission concludes from a preliminary investigation of an
32-8 unlawful employment practice alleged in a complaint that prompt
32-9 judicial action is necessary to carry out the purpose of this
32-10 chapter, the commission shall file a petition seeking appropriate
32-11 temporary relief against the respondent pending final determination
32-12 of a proceeding under this chapter.
32-13 (b) The petition shall be filed in a district court in a
32-14 county in which:
32-15 (1) the alleged unlawful employment practice that is
32-16 the subject of the complaint occurred; or
32-17 (2) the respondent resides.
32-18 (c) A court may not issue temporary injunctive relief unless
32-19 the commission shows:
32-20 (1) a substantial likelihood of success on the merits;
32-21 and
32-22 (2) irreparable harm to the complainant in the absence
32-23 of the preliminary relief pending final determination on the
32-24 merits. (V.A.C.S. Art. 5221k, Sec. 6.01(e).)
32-25 Sec. 21.211. ELECTION OF REMEDIES. A person who has
32-26 initiated an action in a court of competent jurisdiction or who has
32-27 an action pending before an administrative agency under other law
33-1 or an order or ordinance of a county or municipality of this state
33-2 based on an act that would be an unlawful employment practice under
33-3 this chapter may not file a complaint under this subchapter for the
33-4 same grievance. (V.A.C.S. Art. 5221k, Sec. 6.01(f).)
33-5 (Sections 21.212-21.250 reserved for expansion)
33-6 SUBCHAPTER F. JUDICIAL ENFORCEMENT
33-7 Sec. 21.251. CIVIL ACTION BY COMMISSION. (a) The
33-8 commission may bring a civil action against a respondent if:
33-9 (1) the commission determines that there is reasonable
33-10 cause to believe that the respondent engaged in an unlawful
33-11 employment practice;
33-12 (2) the commission's efforts to resolve the
33-13 discriminatory practice to the satisfaction of the complainant and
33-14 respondent through conciliation have been unsuccessful; and
33-15 (3) a majority of the commissioners determines that
33-16 the civil action may achieve the purposes of this chapter.
33-17 (b) The complainant may intervene in a civil action brought
33-18 by the commission. (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
33-19 Sec. 21.252. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
33-20 ACTION. (a) A complainant who receives notice under Section
33-21 21.208 that the complaint is not dismissed or resolved is entitled
33-22 to request from the commission a written notice of the
33-23 complainant's right to file a civil action.
33-24 (b) The complainant must request the notice in writing.
33-25 (c) The executive director may issue the notice.
33-26 (d) Failure to issue the notice of a complainant's right to
33-27 file a civil action does not affect the complainant's right under
34-1 this subchapter to bring a civil action against the respondent.
34-2 (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part), (i).)
34-3 Sec. 21.253. EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO FILE
34-4 CIVIL ACTION. (a) On receipt of a written request by a
34-5 complainant, the commission shall issue before the 181st day after
34-6 the date the complaint was filed a notice of the right to file a
34-7 civil action if:
34-8 (1) the complainant alleges an unlawful employment
34-9 practice based on the complainant's status as an individual with a
34-10 life-threatening illness, as confirmed in writing by a physician
34-11 licensed to practice medicine in this state; or
34-12 (2) the executive director certifies that
34-13 administrative processing of the complaint cannot be completed
34-14 before the 181st day after the date the complaint was filed.
34-15 (b) The commission shall issue the expedited notice by
34-16 certified mail not later than the fifth business day after the date
34-17 the commission receives the written request. (V.A.C.S. Art. 5221k,
34-18 Sec. 7.01(a) (part).)
34-19 Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Within 60 days
34-20 after the date a notice of the right to file a civil action is
34-21 received, the complainant may bring a civil action against the
34-22 respondent. (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
34-23 Sec. 21.255. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
34-24 COMPLAINANT. After receipt of a timely application, a court may
34-25 permit the commission to intervene in a civil action filed under
34-26 Section 21.254 if:
34-27 (1) the commission certifies that the case is of
35-1 general public importance; and
35-2 (2) before commencement of the action the commission
35-3 issued a determination of reasonable cause to believe that this
35-4 chapter was violated. (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
35-5 Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not
35-6 be brought under this subchapter later than the first anniversary
35-7 of the date the complaint relating to the action is filed.
35-8 (V.A.C.S. Art. 5221k, Sec. 7.01(a) (part).)
35-9 Sec. 21.257. ASSIGNMENT TO EARLY HEARING. The court shall
35-10 set an action brought under this subchapter for hearing at the
35-11 earliest practicable date to expedite the action. (V.A.C.S. Art.
35-12 5221k, Sec. 7.01(b).)
35-13 Sec. 21.258. INJUNCTION; EQUITABLE RELIEF. (a) On finding
35-14 that a respondent engaged in an unlawful employment practice as
35-15 alleged in a complaint, a court may:
35-16 (1) prohibit by injunction the respondent from
35-17 engaging in an unlawful employment practice; and
35-18 (2) order additional equitable relief as may be
35-19 appropriate.
35-20 (b) Additional equitable relief may include:
35-21 (1) hiring or reinstating with or without back pay;
35-22 (2) upgrading an employee with or without pay;
35-23 (3) admitting to or restoring union membership;
35-24 (4) admitting to or participating in a guidance
35-25 program, apprenticeship, or on-the-job training or other training
35-26 or retraining program, using objective job-related criteria in
35-27 admitting an individual to a program;
36-1 (5) reporting on the manner of compliance with the
36-2 terms of a final order issued under this chapter; and
36-3 (6) paying court costs.
36-4 (c) Liability under a back pay award may not accrue for a
36-5 date more than two years before the date a complaint is filed with
36-6 the commission. Interim earnings, workers' compensation benefits,
36-7 and unemployment compensation benefits received operate to reduce
36-8 the back pay otherwise allowable. (V.A.C.S. Art. 5221k, Secs.
36-9 7.01(c), (d).)
36-10 Sec. 21.259. ATTORNEY'S FEES; COSTS. (a) In a proceeding
36-11 under this chapter, a court may allow the prevailing party, other
36-12 than the commission, a reasonable attorney's fee as part of the
36-13 costs.
36-14 (b) The state, a state agency, a county, or a municipality
36-15 is liable for costs, including attorney's fees, to the same extent
36-16 as a private person. (V.A.C.S. Art. 5221k, Sec. 7.01(e).)
36-17 Sec. 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT. If
36-18 the affected employee or applicant for employment has a disability,
36-19 a court shall consider the undue hardship defense, including the
36-20 reasonableness of the cost of necessary workplace accommodation and
36-21 the availability of alternatives or other appropriate relief.
36-22 (V.A.C.S. Art. 5221k, Sec. 7.01(f).)
36-23 Sec. 21.261. COMPELLED COMPLIANCE. If an employer,
36-24 employment agency, or labor organization fails to comply with a
36-25 court order issued under this subchapter, a party to the action or
36-26 the commission, on the written request of a person aggrieved by the
36-27 failure, may commence proceedings to compel compliance with the
37-1 order. (V.A.C.S. Art. 5221k, Sec. 7.01(g).)
37-2 Sec. 21.262. TRIAL DE NOVO. (a) A judicial proceeding
37-3 under this chapter is by trial de novo.
37-4 (b) A commission finding, recommendation, determination, or
37-5 other action is not binding on a court. (V.A.C.S. Art. 5221k,
37-6 Sec. 7.01(h).)
37-7 (Sections 21.263-21.300 reserved for expansion)
37-8 SUBCHAPTER G. RECORDS
37-9 Sec. 21.301. RECORDKEEPING; REPORTS. A person under
37-10 investigation in connection with a charge filed under this chapter
37-11 and who is subject to this chapter shall:
37-12 (1) make and keep records relevant to the
37-13 determination of whether unlawful employment practices have been or
37-14 are being committed;
37-15 (2) preserve the records for the period required by
37-16 commission rule or court order; and
37-17 (3) make reports from the records as prescribed by
37-18 commission rule or court order as reasonable, necessary, or
37-19 appropriate for the enforcement of this chapter or a rule or order
37-20 issued under this chapter. (V.A.C.S. Art. 5221k, Sec. 8.01(a).)
37-21 Sec. 21.302. RECORDS; TRAINING PROGRAM. The commission by
37-22 rule shall require that a person subject to this chapter who
37-23 controls an apprenticeship, on-the-job training, or other training
37-24 or retraining program:
37-25 (1) keep all records reasonably necessary to carry out
37-26 the purposes of this chapter, including a list of applicants for
37-27 participation in the program and a record of the chronological
38-1 order in which applications for the program were received; and
38-2 (2) furnish to the commission on request a detailed
38-3 description of the manner in which individuals are selected to
38-4 participate in the program. (V.A.C.S. Art. 5221k, Sec. 8.01(b).)
38-5 Sec. 21.303. CONFORMITY TO FEDERAL LAW. A report or record
38-6 required by the commission under this subchapter must conform to a
38-7 similar record or report required under 42 U.S.C. Section
38-8 2000e-8(c). (V.A.C.S. Art. 5221k, Sec. 8.01(c).)
38-9 Sec. 21.304. CONFIDENTIALITY OF RECORDS. An officer or
38-10 employee of the commission may not disclose to the public
38-11 information obtained by the commission under Section 21.204 except
38-12 as necessary to the conduct of a proceeding under this chapter.
38-13 (V.A.C.S. Art. 5221k, Sec. 8.02(a) (part).)
38-14 Sec. 21.305. ACCESS TO COMMISSION RECORDS. (a) The
38-15 commission shall adopt rules allowing a party to a complaint filed
38-16 under Section 21.201 reasonable access to commission records
38-17 relating to the complaint.
38-18 (b) Unless the complaint is resolved through a voluntary
38-19 settlement or conciliation, on the written request of a party the
38-20 executive director shall allow the party access to the commission
38-21 records:
38-22 (1) after the final action of the commission; or
38-23 (2) if a civil action relating to the complaint is
38-24 filed in federal court alleging a violation of federal law.
38-25 (V.A.C.S. Art. 5221k, Sec. 8.02(a) (part).)
38-26 Sec. 21.306. SUBPOENA OF RECORD OR REPORT. (a) If a person
38-27 fails to permit access, examination, photographing, or copying or
39-1 fails to make, keep, or preserve a record or make a report in
39-2 accordance with this subchapter, the commission may issue a
39-3 subpoena requiring compliance.
39-4 (b) On a failure to comply with a subpoena of the
39-5 commission, the commission shall apply for an order directing
39-6 compliance to the district court of the county in which the person
39-7 is found, resides, or transacts business. (V.A.C.S. Art. 5221k,
39-8 Sec. 8.02(b).)
39-9 (Chapters 22-50 reserved for expansion)
39-10 SUBTITLE B. RESTRICTIONS ON LABOR
39-11 CHAPTER 51. EMPLOYMENT OF CHILDREN
39-12 SUBCHAPTER A. GENERAL PROVISIONS
39-13 Sec. 51.001. PURPOSE
39-14 Sec. 51.002. DEFINITIONS
39-15 Sec. 51.003. GENERAL EXEMPTIONS
39-16 (Sections 51.004-51.010 reserved for expansion)
39-17 SUBCHAPTER B. RESTRICTIONS ON EMPLOYMENT
39-18 Sec. 51.011. MINIMUM AGE
39-19 Sec. 51.012. PERFORMER EXEMPTION
39-20 Sec. 51.013. HOURS OF EMPLOYMENT; HARDSHIP EXEMPTION
39-21 Sec. 51.014. HAZARDOUS OCCUPATIONS
39-22 (Sections 51.015-51.020 reserved for expansion)
39-23 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
39-24 Sec. 51.021. INSPECTION; COLLECTION OF INFORMATION
39-25 Sec. 51.022. CERTIFICATE OF AGE
39-26 Sec. 51.023. RULEMAKING
39-27 (Sections 51.024-51.030 reserved for expansion)
40-1 SUBCHAPTER D. PENALTY AND DEFENSE
40-2 Sec. 51.031. OFFENSE; PENALTY
40-3 Sec. 51.032. DEFENSE TO PROSECUTION
40-4 CHAPTER 51. EMPLOYMENT OF CHILDREN
40-5 SUBCHAPTER A. GENERAL PROVISIONS
40-6 Sec. 51.001. PURPOSE. The purpose of this chapter is to
40-7 ensure that a child is not employed in an occupation or manner that
40-8 is detrimental to the child's safety, health, or well-being.
40-9 (V.A.C.S. Art. 5181.1, Sec. 1.)
40-10 Sec. 51.002. DEFINITIONS. In this chapter:
40-11 (1) "Child" means an individual under 18 years of age.
40-12 (2) "Commission" means the Texas Employment
40-13 Commission. (V.A.C.S. Art. 5181.1, Secs. 2(1), (2).)
40-14 Sec. 51.003. GENERAL EXEMPTIONS. (a) This chapter does not
40-15 apply to employment of a child:
40-16 (1) employed in a:
40-17 (A) nonhazardous occupation;
40-18 (B) under the direct supervision of the child's
40-19 parent or an adult having custody of the child; and
40-20 (C) in a business or enterprise owned or
40-21 operated by the parent or custodian;
40-22 (2) engaged in delivery of newspapers to the consumer;
40-23 (3) participating in a school-supervised and
40-24 school-administered work-study program approved by the commission;
40-25 (4) employed in agriculture during a period when the
40-26 child is not legally required to be attending school;
40-27 (5) employed through a rehabilitation program
41-1 supervised by a county judge; or
41-2 (6) engaged in nonhazardous casual employment that
41-3 will not endanger the safety, health, or well-being of the child
41-4 and to which the parent or adult having custody of the child has
41-5 consented.
41-6 (b) In this section, "employment in agriculture" means
41-7 engaged in producing crops or livestock and includes:
41-8 (1) cultivating and tilling the soil;
41-9 (2) producing, cultivating, growing, and harvesting an
41-10 agricultural or horticultural commodity;
41-11 (3) dairying; and
41-12 (4) raising livestock, bees, fur-bearing animals, or
41-13 poultry.
41-14 (c) For the purposes of Subsection (a)(6), the commission by
41-15 rule may define nonhazardous casual employment that the commission
41-16 determines is dangerous to the safety, health, or well-being of a
41-17 child. (V.A.C.S. Art. 5181.1, Sec. 11.)
41-18 (Sections 51.004-51.010 reserved for expansion)
41-19 SUBCHAPTER B. RESTRICTIONS ON EMPLOYMENT
41-20 Sec. 51.011. MINIMUM AGE. Except as provided by this
41-21 chapter, a person commits an offense if the person employs a child
41-22 under 14 years of age. (V.A.C.S. Art. 5181.1, Sec. 3.)
41-23 Sec. 51.012. PERFORMER EXEMPTION. The commission by rule
41-24 may authorize the employment of children under 14 years of age as
41-25 performers in a motion picture or a theatrical, radio, or
41-26 television production. (V.A.C.S. Art. 5181.1, Sec. 10.)
41-27 Sec. 51.013. HOURS OF EMPLOYMENT; HARDSHIP EXEMPTION. (a)
42-1 A person commits an offense if the person permits a child who is 14
42-2 or 15 years of age and who is employed by the person to work more
42-3 than:
42-4 (1) eight hours in one day; or
42-5 (2) 48 hours in one week.
42-6 (b) A person commits an offense if the person permits a
42-7 child who is 14 or 15 years of age, is employed by the person, and
42-8 is enrolled in a term of a public or private school to work:
42-9 (1) between the hours of 10 p.m. and 5 a.m. on a day
42-10 that is followed by a school day; or
42-11 (2) between the hours of midnight and 5 a.m. on a day
42-12 that is not followed by a school day.
42-13 (c) A person commits an offense if the person permits a
42-14 child who is 14 or 15 years of age, is employed by the person, and
42-15 is not enrolled in summer school to work between the hours of
42-16 midnight and 5 a.m. on any day during the time that school is
42-17 recessed for the summer.
42-18 (d) The commission may adopt rules for determining whether
42-19 hardships exist. If, on the application of a child, the commission
42-20 determines that a hardship exists for that child, this section does
42-21 not apply to that child. (V.A.C.S. Art. 5181.1, Secs. 5, 6.)
42-22 Sec. 51.014. HAZARDOUS OCCUPATIONS. (a) The commission by
42-23 rule shall declare an occupation to be hazardous if:
42-24 (1) the occupation has been declared to be hazardous
42-25 by an agency of the federal government; and
42-26 (2) the commission determines that the occupation is
42-27 particularly hazardous for the employment of children.
43-1 (b) The commission by rule may restrict the employment of
43-2 children 14 years of age or older in hazardous occupations.
43-3 (c) A person commits an offense if the person employs a
43-4 child in violation of a rule adopted under this section. (V.A.C.S.
43-5 Art. 5181.1, Sec. 8.)
43-6 (Sections 51.015-51.020 reserved for expansion)
43-7 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
43-8 Sec. 51.021. INSPECTION; COLLECTION OF INFORMATION. (a)
43-9 The commission, or a person designated by the commission, may,
43-10 during working hours:
43-11 (1) inspect a place where there is good reason to
43-12 believe that a child is employed; and
43-13 (2) collect information concerning the employment of a
43-14 child who works at that place.
43-15 (b) A person commits an offense if the person knowingly or
43-16 intentionally hinders an inspection or the collection of
43-17 information authorized by this section. (V.A.C.S. Art. 5181.1,
43-18 Sec. 7.)
43-19 Sec. 51.022. CERTIFICATE OF AGE. (a) A child who is at
43-20 least 14 years of age may apply to the commission for a certificate
43-21 of age that states the date of birth of the child.
43-22 (b) The application must include documentary proof of age as
43-23 required by the commission.
43-24 (c) After approval by the commission of the proof of age,
43-25 the commission shall issue to the child a certificate of age.
43-26 (V.A.C.S. Art. 5181.1, Secs. 9(a), (b), (c).)
43-27 Sec. 51.023. RULEMAKING. The commission may adopt rules
44-1 necessary to promote the purpose of this chapter but may not adopt
44-2 a rule permitting the employment of a child under 14 years of age
44-3 unless expressly authorized by this chapter. (V.A.C.S. Art.
44-4 5181.1, Sec. 4.)
44-5 (Sections 51.024-51.030 reserved for expansion)
44-6 SUBCHAPTER D. PENALTY AND DEFENSE
44-7 Sec. 51.031. OFFENSE; PENALTY. An offense under this
44-8 chapter is a Class C misdemeanor. (V.A.C.S. Art 5181.1, Sec. 12.)
44-9 Sec. 51.032. DEFENSE TO PROSECUTION. It is a defense to
44-10 prosecution of a person employing a child who does not meet the
44-11 minimum age requirement for a type of employment that the person
44-12 relied in good faith on an apparently valid certificate of age
44-13 presented by the child that showed the child to meet the age
44-14 requirement for that type of employment. (V.A.C.S. Art. 5181.1,
44-15 Sec. 9(d).)
44-16 CHAPTER 52. MISCELLANEOUS RESTRICTIONS
44-17 SUBCHAPTER A. RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS
44-18 OF EMPLOYMENT
44-19 Sec. 52.001. RETAIL EMPLOYER
44-20 Sec. 52.002. EMPLOYER FORMERLY SUBJECT TO SATURDAY/SUNDAY
44-21 CLOSING LAW
44-22 Sec. 52.003. OFFENSE; PENALTY; DEFENSE
44-23 (Sections 52.004-52.010 reserved for expansion)
44-24 SUBCHAPTER B. RESTRICTION ON WORK BY FOREIGN CREW
44-25 Sec. 52.011. PROHIBITION OF CERTAIN WORK BY FOREIGN CREW;
44-26 PENALTY
44-27 (Sections 52.012-52.020 reserved for expansion)
45-1 SUBCHAPTER C. RESTRICTIONS ON LENGTH OF HOES
45-2 Sec. 52.021. MINIMUM LENGTH OF HOE HANDLES
45-3 Sec. 52.022. OFFENSE; PENALTY
45-4 (Sections 52.023-52.030 reserved for expansion)
45-5 SUBCHAPTER D. RESTRICTIONS ON BLACKLISTING
45-6 Sec. 52.031. BLACKLISTING OFFENSE; PENALTY
45-7 (Sections 52.032-52.040 reserved for expansion)
45-8 SUBCHAPTER E. RESTRICTIONS ON COERCION OF EMPLOYEE TRADE
45-9 Sec. 52.041. COERCION OF EMPLOYEE TRADE; PENALTY
45-10 (Sections 52.042-52.050 reserved for expansion)
45-11 SUBCHAPTER F. RESTRICTIONS ON PENALIZING EMPLOYEE FOR
45-12 COMPLIANCE WITH SUBPOENA
45-13 Sec. 52.051. PENALIZING EMPLOYEE FOR COMPLIANCE
45-14 WITH SUBPOENA
45-15 CHAPTER 52. MISCELLANEOUS RESTRICTIONS
45-16 SUBCHAPTER A. RESTRICTIONS ON CERTAIN CONSECUTIVE PERIODS
45-17 OF EMPLOYMENT
45-18 Sec. 52.001. RETAIL EMPLOYER. (a) A person who is an
45-19 employer may not require an employee to work seven consecutive days
45-20 in an establishment, the business of which is selling merchandise
45-21 at retail.
45-22 (b) The person may not deny an employee at least one period
45-23 of 24 consecutive hours of time off for rest or worship in each
45-24 seven-day period. The time off must be in addition to the regular
45-25 periods of rest allowed during each day worked.
45-26 (c) The person shall accommodate the religious beliefs and
45-27 practices of an employee unless the employer can demonstrate that
46-1 to do so would constitute an undue hardship on the conduct of the
46-2 employer's business. In addition, the person may not require an
46-3 employee to work during a period that the employee requests to be
46-4 off to attend one regular worship service a week of the employee's
46-5 religion.
46-6 (d) This section does not apply to employment of a part-time
46-7 employee whose total work hours for one employer during a calendar
46-8 week do not exceed 30 hours. (V.A.C.S. Art. 5165.4, Sec. 1.)
46-9 Sec. 52.002. EMPLOYER FORMERLY SUBJECT TO SATURDAY/SUNDAY
46-10 CLOSING LAW. An employer whose establishment was closed on
46-11 Saturday or Sunday to comply with Chapter 15, Acts of the 57th
46-12 Legislature, 1st Called Session, 1961 (Article 9001, Vernon's Texas
46-13 Civil Statutes), before that Act was repealed effective September
46-14 1, 1985, may not require an employee who has been continuously
46-15 employed by that employer since August 31, 1985, to work on
46-16 whichever of those days the establishment was closed.
46-17 (V.A.C.S. Art. 5165.4, Sec. 2.)
46-18 Sec. 52.003. OFFENSE; PENALTY; DEFENSE. (a) A person
46-19 commits an offense if the person violates this subchapter.
46-20 (b) An offense under this section is a Class C misdemeanor.
46-21 (c) It is an affirmative defense to prosecution under this
46-22 section that the employee volunteered for work on the seventh
46-23 consecutive day and that the employee signed a written statement
46-24 stating that the employee volunteered. The statement must also
46-25 contain a provision, signed by the employer or the employer's
46-26 agent, that the employer did not require the work.
46-27 (V.A.C.S. Art. 5165.4, Secs. 3, 4.)
47-1 (Sections 52.004-52.010 reserved for expansion)
47-2 SUBCHAPTER B. RESTRICTION ON WORK BY FOREIGN CREW
47-3 Sec. 52.011. PROHIBITION OF CERTAIN WORK BY FOREIGN CREW;
47-4 PENALTY. (a) A person commits an offense if the person:
47-5 (1) is an officer or member of a crew of a foreign
47-6 seagoing vessel; and
47-7 (2) works on a wharf or levee of a port beyond the end
47-8 of the vessel's tackle.
47-9 (b) An offense under this section is punishable by:
47-10 (1) a fine of not less than $10 and not more than
47-11 $100;
47-12 (2) confinement in jail for a term of not less than 10
47-13 days and not more than 30 days; or
47-14 (3) both the fine and confinement. (V.A.C.S. Art.
47-15 9005.)
47-16 (Sections 52.012-52.020 reserved for expansion)
47-17 SUBCHAPTER C. RESTRICTIONS ON LENGTH OF HOES
47-18 Sec. 52.021. Minimum Length of Hoe Handles. (a) An
47-19 employer of agricultural laborers may not require an employee to
47-20 use a hoe that has a handle shorter than four feet while performing
47-21 agricultural labor in a commercial farming operation.
47-22 (b) This section does not apply to an employer engaged in
47-23 the operation of a greenhouse or nursery. (V.A.C.S. Art. 5221j,
47-24 Secs. 1, 2.)
47-25 Sec. 52.022. Offense; Penalty. (a) A person commits an
47-26 offense if the person violates Section 52.021.
47-27 (b) An offense under this section is a Class C misdemeanor.
48-1 (V.A.C.S. Art. 5221j, Sec. 3.)
48-2 (Sections 52.023-52.030 reserved for expansion)
48-3 SUBCHAPTER D. RESTRICTIONS ON BLACKLISTING
48-4 Sec. 52.031. BLACKLISTING OFFENSE; PENALTY. (a) In this
48-5 section, "blacklist" means to place on a book or list or publish
48-6 the name of an employee of an individual, firm, company, or
48-7 corporation who was discharged or who voluntarily left that
48-8 employment, intending to prevent the employee from engaging in or
48-9 securing employment of any kind with any other person, in either a
48-10 public or a private capacity.
48-11 (b) A person commits an offense if the person:
48-12 (1) blacklists or causes to be blacklisted an
48-13 employee; or
48-14 (2) conspires or contrives by correspondence or any
48-15 other manner to prevent an employee discharged by a corporation,
48-16 company, or individual from procuring employment.
48-17 (c) An offense under this section is punishable by:
48-18 (1) a fine of not less than $50 or more than $250;
48-19 (2) imprisonment in jail for not less than 30 days or
48-20 more than 90 days; or
48-21 (3) both the fine and imprisonment.
48-22 (d) This section may not be held to prohibit a corporation,
48-23 company, or individual from giving, on application from a
48-24 discharged employee or a person desiring to employ the employee, a
48-25 written truthful statement of the reason for the discharge. The
48-26 written statement may not be used as the cause for a civil or
48-27 criminal action for libel against the person who furnishes the
49-1 statement. (V.A.C.S. Arts. 5196c, 5196d, 5196e, 5196f.)
49-2 (Sections 52.032-52.040 reserved for expansion)
49-3 SUBCHAPTER E. RESTRICTIONS ON COERCION OF EMPLOYEE TRADE
49-4 Sec. 52.041. COERCION OF EMPLOYEE TRADE; PENALTY. (a) A
49-5 person, firm, or corporation commits an offense if the person,
49-6 firm, or corporation requires or attempts to require by coercion an
49-7 employee to:
49-8 (1) deal with a person, association, corporation, or
49-9 company; or
49-10 (2) purchase an article of food, clothing, or other
49-11 merchandise at a place or store.
49-12 (b) A person, firm, or corporation commits an offense if the
49-13 person, firm, or corporation excludes from work, punishes, or
49-14 blacklists an employee for failure to:
49-15 (1) deal with the person, firm, or corporation; or
49-16 (2) purchase an article of food, clothing, or other
49-17 merchandise at a place or store.
49-18 (c) An offense under this section is punishable by a fine of
49-19 not less than $50 or more than $200. (V.A.C.S. Art. 5196g.)
49-20 (Sections 52.042-52.050 reserved for expansion)
49-21 SUBCHAPTER F. RESTRICTIONS ON PENALIZING EMPLOYEE FOR
49-22 COMPLIANCE WITH SUBPOENA
49-23 Sec. 52.051. PENALIZING EMPLOYEE FOR COMPLIANCE WITH
49-24 SUBPOENA. (a) An employer may not discharge, discipline, or
49-25 penalize in any manner an employee because the employee complies
49-26 with a valid subpoena to appear in a civil, criminal, legislative,
49-27 or administrative proceeding.
50-1 (b) If the subpoena to which a violation of Subsection (a)
50-2 applies is issued by a court, the employer violating Subsection (a)
50-3 may be found in contempt by the court issuing the subpoena.
50-4 (c) If the subpoena to which a violation of Subsection (a)
50-5 applies is issued by a legislative committee or a state agency, the
50-6 employer violating Subsection (a) is subject to the authority of
50-7 the committee or agency to impose a monetary penalty, not to exceed
50-8 $500, on a person who violates an order of the committee or agency.
50-9 (d) An employee discharged in violation of this section is
50-10 entitled to return to the same employment that the employee had at
50-11 the time the employee was subpoenaed if the employee, as soon as
50-12 practical after release from compliance with the subpoena, gives
50-13 the employer actual notice that the employee intends to return.
50-14 (e) An employee injured because of the violation of this
50-15 section by an employer may recover:
50-16 (1) damages in an amount that does not exceed six
50-17 months' compensation at the rate at which the employee was
50-18 compensated when the subpoena was issued; and
50-19 (2) reasonable attorney's fees.
50-20 (f) It is a defense to an action by an employee under this
50-21 section for reemployment that reemployment is impossible or
50-22 unreasonable because of a change in the employer's circumstances
50-23 while the employee complied with the subpoena. (V.A.C.S. Art.
50-24 5207c.)
50-25 (Chapters 53-60 reserved for expansion)
50-26 SUBTITLE C. WAGES
50-27 CHAPTER 61. PAYMENT OF WAGES
51-1 SUBCHAPTER A. GENERAL PROVISIONS
51-2 Sec. 61.001. DEFINITIONS
51-3 Sec. 61.002. COMMISSION POWERS
51-4 Sec. 61.003. GOVERNMENTAL ENTITIES EXCLUDED
51-5 (Sections 61.004-61.010 reserved for expansion)
51-6 SUBCHAPTER B. PAYMENT OF WAGES
51-7 Sec. 61.011. PAYDAYS
51-8 Sec. 61.012. DESIGNATION OF PAYDAYS; NOTICE
51-9 Sec. 61.013. PAYMENT OTHER THAN ON PAYDAY
51-10 Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT
51-11 Sec. 61.015. PAYMENT OF COMMISSIONS AND BONUSES
51-12 Sec. 61.016. FORM OF PAYMENT
51-13 Sec. 61.017. DELIVERY OF PAYMENT
51-14 Sec. 61.018. DEDUCTION FROM WAGES
51-15 Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY
51-16 Sec. 61.020. FAILURE TO PAY WAGES; ATTORNEY GENERAL ACTION
51-17 (Sections 61.021-61.030 reserved for expansion)
51-18 SUBCHAPTER C. SECURITY FOR WAGE PAYMENTS
51-19 Sec. 61.031. BOND
51-20 Sec. 61.032. SUIT TO ENFORCE BOND REQUIREMENT
51-21 Sec. 61.033. FAILURE OF SURETY COMPANY TO PAY VERIFIED CLAIM
51-22 FOR WAGES; CIVIL PENALTY
51-23 (Sections 61.034-61.050 reserved for expansion)
51-24 SUBCHAPTER D. WAGE CLAIMS
51-25 Sec. 61.051. FILING WAGE CLAIM
51-26 Sec. 61.052. PRELIMINARY WAGE DETERMINATION ORDER
51-27 Sec. 61.053. BAD FAITH; ADMINISTRATIVE PENALTY
52-1 Sec. 61.054. REQUEST FOR HEARING ON PRELIMINARY ORDER
52-2 Sec. 61.055. PRELIMINARY ORDER FINAL IF HEARING NOT
52-3 REQUESTED
52-4 Sec. 61.056. PAYMENT REQUIRED IF HEARING NOT REQUESTED
52-5 Sec. 61.057. NOTICE; TIME FOR HEARING
52-6 Sec. 61.058. HEARING PROCEDURES
52-7 Sec. 61.059. COMMISSION CONSIDERATION OF PRELIMINARY WAGE
52-8 DETERMINATION ORDER
52-9 Sec. 61.060. ORDER AFTER HEARING
52-10 Sec. 61.061. NOTICE AND FINALITY OF ORDER
52-11 Sec. 61.062. JUDICIAL REVIEW
52-12 Sec. 61.063. PAYMENT TO COMMISSION; ESCROW PENDING REVIEW;
52-13 WAIVER
52-14 Sec. 61.064. PAYMENT TO EMPLOYEE
52-15 Sec. 61.065. DEPOSIT OF PENALTY
52-16 Sec. 61.066. ATTORNEY GENERAL ACTION; ENFORCEMENT OF ORDER
52-17 (Sections 61.067-61.080 reserved for expansion)
52-18 SUBCHAPTER E. ADMINISTRATIVE LIEN
52-19 Sec. 61.081. CREATION AND ATTACHMENT OF LIEN
52-20 Sec. 61.082. ENFORCEMENT OF LIEN
52-21 Sec. 61.083. FILING; FEE
52-22 Sec. 61.084. RELEASE OF LIEN
52-23 CHAPTER 61. PAYMENT OF WAGES
52-24 SUBCHAPTER A. GENERAL PROVISIONS
52-25 Sec. 61.001. DEFINITIONS. In this chapter:
52-26 (1) "Commission" means the Texas Employment Commission
52-27 or its designee.
53-1 (2) "Day" means a calendar day.
53-2 (3) "Employee" means an individual who is employed by
53-3 an employer for compensation. The term does not include:
53-4 (A) a person related to the employer or the
53-5 employer's spouse within the first or second degree by
53-6 consanguinity or affinity, as determined under Article 5996h,
53-7 Revised Statutes; or
53-8 (B) an independent contractor.
53-9 (4) "Employer" means a person that employs one or more
53-10 employees.
53-11 (5) "Employment" means any service, including service
53-12 in interstate commerce, that is performed for wages or under a
53-13 contract of hire, whether written or oral or express or implied.
53-14 The term does not include any service performed by an individual
53-15 for wages if it is shown that the individual is free from control
53-16 or direction in the performance of the service, both under any
53-17 contract of service and in fact.
53-18 (6) "Mail" means to deposit for mailing with the
53-19 United States Postal Service.
53-20 (7) "Wages" means compensation owed by an employer
53-21 for:
53-22 (A) labor or services rendered by an employee,
53-23 whether computed on a time, task, piece, commission, or other
53-24 basis; and
53-25 (B) vacation pay, holiday pay, sick leave pay,
53-26 parental leave pay, or severance pay owed to an employee under a
53-27 written agreement with the employer or under a written policy of
54-1 the employer. (V.A.C.S. Art. 5155, Sec. 1 (part).)
54-2 Sec. 61.002. COMMISSION POWERS. (a) The commission may
54-3 adopt rules as necessary to implement this chapter.
54-4 (b) The commission may administer oaths as necessary to
54-5 implement this chapter. (V.A.C.S. Art. 5155, Sec. 7.)
54-6 Sec. 61.003. GOVERNMENTAL ENTITIES EXCLUDED. This chapter
54-7 does not apply to the United States, this state, or a political
54-8 subdivision of this state. (V.A.C.S. Art. 5155, Sec. 1 (part).)
54-9 (Sections 61.004-61.010 reserved for expansion)
54-10 SUBCHAPTER B. PAYMENT OF WAGES
54-11 Sec. 61.011. PAYDAYS. (a) An employer shall pay wages to
54-12 each employee who is exempt from the overtime pay provisions of the
54-13 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
54-14 at least once a month.
54-15 (b) An employer shall pay wages to an employee other than an
54-16 employee covered by Subsection (a) at least twice a month.
54-17 (c) If wages are paid twice a month, each pay period must
54-18 consist as nearly as possible of an equal number of days.
54-19 (V.A.C.S. Art. 5155, Sec. 2(a).)
54-20 Sec. 61.012. DESIGNATION OF PAYDAYS; NOTICE. (a) An
54-21 employer shall designate paydays in accordance with Section 61.011.
54-22 (b) If an employer fails to designate paydays, the
54-23 employer's paydays are the first and 15th day of each month.
54-24 (c) An employer shall post, in conspicuous places in the
54-25 workplace, notices indicating the paydays. (V.A.C.S. Art. 5155,
54-26 Sec. 4.)
54-27 Sec. 61.013. PAYMENT OTHER THAN ON PAYDAY. An employer
55-1 shall pay an employee who is not paid on a payday for any reason,
55-2 including the employee's absence on a payday, on another regular
55-3 business day on the employee's request. (V.A.C.S. Art. 5155, Sec.
55-4 2(c).)
55-5 Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. (a)
55-6 An employer shall pay in full an employee who is discharged from
55-7 employment not later than the sixth day after the date the employee
55-8 is discharged.
55-9 (b) An employer shall pay in full an employee who leaves
55-10 employment other than by discharge not later than the next
55-11 regularly scheduled payday. (V.A.C.S. Art. 5155, Secs. 2(d), (e).)
55-12 Sec. 61.015. PAYMENT OF COMMISSIONS AND BONUSES. (a) Wages
55-13 paid on commission and bonuses are due according to the terms of:
55-14 (1) an agreement between the employee and employer; or
55-15 (2) an applicable collective bargaining agreement.
55-16 (b) An employer shall pay wages paid on commission and
55-17 bonuses to an employee in a timely manner as required for the
55-18 payment of other wages under this chapter. (V.A.C.S. Art. 5155,
55-19 Sec. 2(b).)
55-20 Sec. 61.016. FORM OF PAYMENT. (a) An employer shall pay
55-21 wages to an employee:
55-22 (1) in United States currency;
55-23 (2) by a written instrument issued by the employer
55-24 that is negotiable on demand at full face value for United States
55-25 currency; or
55-26 (3) by the electronic transfer of funds.
55-27 (b) An employee may agree in writing to receive part or all
56-1 of the wages in kind or in another form.
56-2 (c) Payment by a written instrument that is not negotiable
56-3 or for which payment is refused for any reason attributable to the
56-4 employer does not constitute payment of wages for the purposes of
56-5 this chapter. (V.A.C.S. Art. 5155, Sec. 2(f).)
56-6 Sec. 61.017. DELIVERY OF PAYMENT. An employer shall pay
56-7 wages by:
56-8 (1) delivering them to the employee at the employee's
56-9 regular place of employment during regular employment hours;
56-10 (2) delivering them to the employee at a time and
56-11 place agreed on by the employer and employee;
56-12 (3) sending them to the employee by registered mail,
56-13 to be received by the employee not later than payday;
56-14 (4) delivering them in a manner similar to a manner
56-15 specified by Subdivision (1), (2), or (3) to a person designated by
56-16 the employee in writing; or
56-17 (5) delivering them to the employee by any reasonable
56-18 means authorized by the employee in writing. (V.A.C.S. Art. 5155,
56-19 Sec. 2(g).)
56-20 Sec. 61.018. DEDUCTION FROM WAGES. An employer may not
56-21 withhold or divert any part of an employee's wages unless the
56-22 employer:
56-23 (1) is ordered to do so by a court of competent
56-24 jurisdiction;
56-25 (2) is authorized to do so by state or federal law; or
56-26 (3) has written authorization from the employee to
56-27 deduct part of the wages for a lawful purpose. (V.A.C.S. Art.
57-1 5155, Sec. 3.)
57-2 Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. (a)
57-3 An employer commits an offense if:
57-4 (1) at the time of hiring an employee, the employer
57-5 intends to avoid payment of wages owed to the employee; and
57-6 (2) the employer fails after demand to pay those
57-7 wages.
57-8 (b) An offense under this section is a felony of the third
57-9 degree. (V.A.C.S. Art. 5155, Sec. 5A.)
57-10 Sec. 61.020. FAILURE TO PAY WAGES; ATTORNEY GENERAL ACTION.
57-11 The attorney general may seek injunctive relief in district court
57-12 against an employer who repeatedly fails to pay wages as required
57-13 by this chapter. (V.A.C.S. Art. 5155, Sec. 5(k).)
57-14 (Sections 61.021-61.030 reserved for expansion)
57-15 SUBCHAPTER C. SECURITY FOR WAGE PAYMENTS
57-16 Sec. 61.031. BOND. (a) The commission may require an
57-17 employer to deposit a bond if:
57-18 (1) the employer is convicted of two violations of
57-19 this chapter; or
57-20 (2) a final order of the commission against an
57-21 employer for nonpayment of wages remains unsatisfied after the 10th
57-22 day after the date on which the time to appeal from that final
57-23 order has expired and an appeal is not pending.
57-24 (b) The bond must be:
57-25 (1) in an amount approved and considered by the
57-26 commission as adequate under the circumstances;
57-27 (2) payable to the state;
58-1 (3) conditioned that the employer, for a period not to
58-2 exceed 36 months, pay the employees in accordance with this
58-3 chapter; and
58-4 (4) conditioned that the employer pay any sum
58-5 recovered against the employer under this chapter. (V.A.C.S. Art.
58-6 5155, Sec. 2.1(a).)
58-7 Sec. 61.032. SUIT TO ENFORCE BOND REQUIREMENT. (a) If an
58-8 employer fails to deposit a bond required under Section 61.031
58-9 before the 11th day after the date on which demand is made for the
58-10 bond, the attorney general may bring a suit in the name of the
58-11 state against the employer to furnish the bond or to cease doing
58-12 business until the employer furnishes the bond.
58-13 (b) If the court finds just cause for requiring the bond and
58-14 that the bond is reasonably necessary and proper to secure prompt
58-15 payment of the wages of the employees of the employer and the
58-16 employer's compliance with this chapter, the court may enjoin the
58-17 employer from doing business until the requirement is met. The
58-18 injunction may also apply to any other person concerned with or in
58-19 any way participating in the failure to pay wages resulting in the
58-20 conviction or in a final order of the commission. The court may
58-21 make any other order appropriate and necessary to compel compliance
58-22 with the requirement.
58-23 (c) In an action under this section, the employer has the
58-24 burden of proving that the bond is unnecessary or that the amount
58-25 demanded by the commission is excessive. (V.A.C.S. Art. 5155, Sec.
58-26 2.1(b).)
58-27 Sec. 61.033. FAILURE OF SURETY COMPANY TO PAY VERIFIED CLAIM
59-1 FOR WAGES; CIVIL PENALTY. (a) A surety company that issues a bond
59-2 to secure the payment of wages under this chapter and that wilfully
59-3 fails to pay a verified claim for wages found to be due and payable
59-4 is subject to a civil penalty in the amount of $1,000 for each
59-5 failure to pay each employee.
59-6 (b) A subsequent violation is subject to a civil penalty in
59-7 the amount of $1,000 for each failure to pay each employee plus 25
59-8 percent of the amount unlawfully withheld.
59-9 (c) The attorney general shall recover a penalty imposed by
59-10 this section in an action brought in the name of the state.
59-11 (V.A.C.S. Art. 5155, Secs. 2.2(a), (b) (part).)
59-12 (Sections 61.034-61.050 reserved for expansion)
59-13 SUBCHAPTER D. WAGE CLAIMS
59-14 Sec. 61.051. FILING WAGE CLAIM. (a) An employee who is not
59-15 paid wages as prescribed by this chapter may file a wage claim with
59-16 the commission in accordance with this subchapter.
59-17 (b) A wage claim must be in writing on a form prescribed by
59-18 the commission and must be verified by the employee.
59-19 (c) A wage claim must be filed not later than the 180th day
59-20 after the date the wages claimed became due for payment.
59-21 (d) The employee may file the wage claim:
59-22 (1) in person at an office of the commission; or
59-23 (2) by mailing the claim to an address designated by
59-24 the commission. (V.A.C.S. Art. 5155, Sec. 5(a).)
59-25 Sec. 61.052. PRELIMINARY WAGE DETERMINATION ORDER. (a) The
59-26 commission shall analyze each wage claim filed under Section 61.051
59-27 and, if the claim alleges facts actionable under this chapter,
60-1 shall investigate the claim and issue a preliminary wage
60-2 determination order:
60-3 (1) dismissing the wage claim; or
60-4 (2) ordering payment of wages determined to be due and
60-5 unpaid.
60-6 (b) If an administrative penalty is imposed under Section
60-7 61.053, the preliminary wage determination order must include an
60-8 order for payment of the penalty.
60-9 (c) The commission shall mail notice of the preliminary wage
60-10 determination order to each party at that party's last known
60-11 address, as reflected by commission records. (V.A.C.S. Art. 5155,
60-12 Sec. 5(b).)
60-13 Sec. 61.053. BAD FAITH; ADMINISTRATIVE PENALTY. (a) If the
60-14 commission determines that an employer acted in bad faith in not
60-15 paying wages as required by this chapter, the commission, in
60-16 addition to ordering the payment of the wages, may assess an
60-17 administrative penalty against the employer.
60-18 (b) If the commission determines an employee acted in bad
60-19 faith in bringing a wage claim, the commission may assess an
60-20 administrative penalty against the employee.
60-21 (c) An administrative penalty assessed under this section
60-22 may not exceed the lesser of:
60-23 (1) the amount of the wages in question or claimed; or
60-24 (2) $1,000.
60-25 (d) In determining the amount of an administrative penalty
60-26 assessed under this section, the commission shall consider:
60-27 (1) the seriousness of the violation;
61-1 (2) the history of previous violations;
61-2 (3) the amount necessary to deter a future violation;
61-3 and
61-4 (4) any other appropriate matter, including mitigating
61-5 circumstances. (V.A.C.S. Art. 5155, Sec. 5(c).)
61-6 Sec. 61.054. REQUEST FOR HEARING ON PRELIMINARY ORDER. (a)
61-7 Either party may request a hearing to contest a preliminary wage
61-8 determination order.
61-9 (b) The request for hearing must be made in writing not
61-10 later than the 21st day after the date the commission mails the
61-11 notice of the preliminary wage determination order. (V.A.C.S. Art.
61-12 5155, Sec. 5(d) (part).)
61-13 Sec. 61.055. PRELIMINARY ORDER FINAL IF HEARING NOT
61-14 REQUESTED. If neither party requests a hearing to contest a
61-15 preliminary wage determination order within the period prescribed
61-16 by Section 61.054, the order becomes the final order of the
61-17 commission for all purposes, and neither party is entitled to
61-18 judicial review of the order under this subchapter. (V.A.C.S. Art.
61-19 5155, Sec. 5(d) (part).)
61-20 Sec. 61.056. PAYMENT REQUIRED IF HEARING NOT REQUESTED. (a)
61-21 An employer that does not request a hearing within the period
61-22 prescribed by Section 61.054 to contest a preliminary wage
61-23 determination order shall pay the amount ordered to the commission
61-24 not later than the 21st day after the date the commission mails
61-25 notice of the order.
61-26 (b) Payment to the commission constitutes payment to the
61-27 employee for all purposes. (V.A.C.S. Art. 5155, Sec. 5(e).)
62-1 Sec. 61.057. NOTICE; TIME FOR HEARING. (a) A notice
62-2 regarding an administrative hearing conducted under this subchapter
62-3 must be mailed by the commission not later than the 21st day after
62-4 the date a request for the hearing is received by the commission.
62-5 (b) As soon as practicable, but not later than the 45th day
62-6 after the date a notice is mailed under Subsection (a), the
62-7 commission shall conduct the hearing. (V.A.C.S. Art. 5155, Sec.
62-8 5(f) (part).)
62-9 Sec. 61.058. HEARING PROCEDURES. (a) A hearing conducted
62-10 under this subchapter is subject to the rules and hearings
62-11 procedures used by the commission in the determination of a claim
62-12 for unemployment compensation benefits.
62-13 (b) The hearing is not subject to the Administrative
62-14 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
62-15 Civil Statutes). (V.A.C.S. Art. 5155, Sec. 5(f) (part).)
62-16 Sec. 61.059. COMMISSION CONSIDERATION OF PRELIMINARY WAGE
62-17 DETERMINATION ORDER. The commission may modify, affirm, or rescind
62-18 a preliminary wage determination order. (V.A.C.S. Art. 5155, Sec.
62-19 5(f) (part).)
62-20 Sec. 61.060. ORDER AFTER HEARING. After a hearing, the
62-21 commission shall enter a written order for the payment of wages
62-22 that the commission determines to be due or for the payment of any
62-23 penalty the commission assesses. (V.A.C.S. Art. 5155, Sec. 5(g)
62-24 (part).)
62-25 Sec. 61.061. NOTICE AND FINALITY OF ORDER. (a) The
62-26 commission shall mail to each party to the appeal notice of:
62-27 (1) the decision;
63-1 (2) the amount of wages subject to the order;
63-2 (3) the amount of any penalty assessed; and
63-3 (4) the parties' right to judicial review of the
63-4 order.
63-5 (b) The notice shall be mailed to a party's last known
63-6 address, as shown by commission records.
63-7 (c) The order becomes final on the 15th day after the date
63-8 on which it is mailed unless before that date:
63-9 (1) a party to the appeal files a written motion for
63-10 rehearing; or
63-11 (2) the commission reopens the hearing. (V.A.C.S.
63-12 Art. 5155, Sec. 5(g) (part).)
63-13 Sec. 61.062. JUDICIAL REVIEW. (a) A party who has
63-14 exhausted the party's administrative remedies under this chapter
63-15 may bring a suit to appeal the order.
63-16 (b) The suit must be filed not later than the 60th day after
63-17 the date the final order is mailed.
63-18 (c) The commission and any other party to the proceeding
63-19 before the commission must be made defendants in the suit.
63-20 (d) The suit must be brought in the county of the claimant's
63-21 residence. If the claimant is not a resident of this state, the
63-22 suit must be brought in the county in this state in which the
63-23 employer has its principal place of business.
63-24 (e) An appeal under this subchapter is by trial de novo with
63-25 the substantial evidence rule being the standard of review in the
63-26 manner as applied to an appeal from a final decision under Subtitle
63-27 A, Title 4. (V.A.C.S. Art. 5155, Sec. 5(g) (part).)
64-1 Sec. 61.063. PAYMENT TO COMMISSION; ESCROW PENDING REVIEW;
64-2 WAIVER. (a) Not later than the 60th day after the date a
64-3 commission order becomes final, the party required to pay wages or
64-4 a penalty shall:
64-5 (1) pay the amount to the commission; or
64-6 (2) if the party files a petition for judicial review
64-7 in a court of competent jurisdiction contesting the final order,
64-8 send the amount to the commission for deposit in an
64-9 interest-bearing escrow account.
64-10 (b) Unless the party files an affidavit of inability to pay
64-11 with the clerk of the court within the period specified in
64-12 Subsection (a), failure to send the amount within that period
64-13 constitutes a waiver of the right to judicial review.
64-14 (c) If after judicial review it is determined that some or
64-15 all of the wages are not owed or the penalty is reduced or is not
64-16 assessed, the commission shall remit the appropriate amount to the
64-17 party assessed the wage payment or penalty, plus the interest
64-18 accrued on the escrowed amount. Interest under this section shall
64-19 be paid for the period beginning on the date the assessed amount is
64-20 paid to the commission and ending on the date the amount is
64-21 remitted to the party. (V.A.C.S. Art. 5155, Secs. 5(h), (i).)
64-22 Sec. 61.064. PAYMENT TO EMPLOYEE. Not later than the 30th
64-23 day after the date on which a claim is finally adjudicated or
64-24 otherwise resolved, the commission shall pay to the claimant wages
64-25 collected under this subchapter and any interest earned on those
64-26 wages. (V.A.C.S. Art. 5155, Sec. 5(l) (part).)
64-27 Sec. 61.065. DEPOSIT OF PENALTY. The commission shall
65-1 deposit a penalty collected under this subchapter in the
65-2 unemployment compensation special administration fund established
65-3 under Subchapter E, Chapter 203. (V.A.C.S. Art. 5155, Sec. 5(l)
65-4 (part).)
65-5 Sec. 61.066. ATTORNEY GENERAL ACTION; ENFORCEMENT OF ORDER.
65-6 (a) The attorney general may bring a suit in a district court in
65-7 Travis County to enforce a final order from which an appeal under
65-8 this chapter has not been taken.
65-9 (b) In a suit brought under Subsection (a), on the request
65-10 of the attorney general the court may order payment of attorney's
65-11 fees, including investigation costs and other costs of court.
65-12 (V.A.C.S. Art. 5155, Sec. 5(j).)
65-13 (Sections 61.067-61.080 reserved for expansion)
65-14 SUBCHAPTER E. ADMINISTRATIVE LIEN
65-15 Sec. 61.081. CREATION AND ATTACHMENT OF LIEN. (a) A final
65-16 order of the commission against an employer indebted to the state
65-17 for penalties or wages, unless timely appealed to a court, is a
65-18 lien on all the property belonging to the employer.
65-19 (b) The lien for an unpaid debt attaches at the time the
65-20 order of the commission becomes final. (V.A.C.S. Art. 5155, Sec.
65-21 6(a) (part).)
65-22 Sec. 61.082. ENFORCEMENT OF LIEN. (a) Subchapters A and B,
65-23 Chapter 113, Tax Code, govern the enforcement of a lien established
65-24 under this subchapter.
65-25 (b) In administering and enforcing the lien, the commission
65-26 has the duties imposed and the powers conferred on the comptroller
65-27 for the enforcement of other liens under Subchapters A and B,
66-1 Chapter 113, Tax Code. (V.A.C.S. Art. 5155, Sec. 6(a) (part).)
66-2 Sec. 61.083. FILING; FEE. (a) A lien under this subchapter
66-3 may be recorded in the book entitled "State Tax Liens" kept by the
66-4 county clerk as provided by Section 113.004, Tax Code.
66-5 (b) The commission shall pay the county clerk of the county
66-6 in which a notice of the lien has been filed the usual fee for
66-7 filing and recording similar instruments. The fee shall be paid by
66-8 warrant drawn by the comptroller. The fee is an amount due to the
66-9 commission from the employer. (V.A.C.S. Art. 5155, Secs. 6(a)
66-10 (part), (b) (part).)
66-11 Sec. 61.084. RELEASE OF LIEN. (a) A lien under this
66-12 subchapter may be released in the manner provided by Subchapter A,
66-13 Chapter 113, Tax Code, for a state tax lien.
66-14 (b) If the liability secured by the lien is fully paid, the
66-15 commission shall mail a release of lien to the employer.
66-16 (c) The employer is responsible for filing a release of lien
66-17 with the appropriate county clerk and paying the county clerk's fee
66-18 for recording the release. (V.A.C.S. Art. 5155, Secs. 6(a) (part),
66-19 (b) (part).)
66-20 CHAPTER 62. MINIMUM WAGE
66-21 SUBCHAPTER A. GENERAL PROVISIONS
66-22 Sec. 62.001. SHORT TITLE
66-23 Sec. 62.002. DEFINITIONS
66-24 Sec. 62.003. EARNINGS STATEMENT
66-25 Sec. 62.004. PROVISION OF INFORMATION
66-26 Sec. 62.005. COLLECTIVE BARGAINING NOT IMPAIRED
66-27 (Sections 62.006-62.050 reserved for expansion)
67-1 SUBCHAPTER B. MINIMUM WAGE
67-2 Sec. 62.051. MINIMUM WAGE
67-3 Sec. 62.052. TIPPED EMPLOYEES
67-4 Sec. 62.053. COST OF MEALS OR LODGING
67-5 Sec. 62.054. CERTAIN EMPLOYEES SUBJECT TO CALL
67-6 Sec. 62.055. SPECIAL WAGE FOR CERTAIN EMPLOYEES
67-7 Sec. 62.056. MEDICAL CERTIFICATE
67-8 Sec. 62.057. PATIENTS AND CLIENTS OF TEXAS DEPARTMENT OF MENTAL
67-9 HEALTH AND MENTAL RETARDATION
67-10 (Sections 62.058-62.100 reserved for expansion)
67-11 SUBCHAPTER C. AGRICULTURAL PIECE RATE WORKERS
67-12 Sec. 62.101. DEFINITION
67-13 Sec. 62.102. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE
67-14 WORKERS
67-15 Sec. 62.103. PIECE RATE DETERMINED BY COMMISSIONER
67-16 Sec. 62.104. COLLECTION OF INFORMATION
67-17 Sec. 62.105. COMPUTATION OF PIECE RATE
67-18 Sec. 62.106. HEARINGS
67-19 Sec. 62.107. ORDER ESTABLISHING PIECE RATE
67-20 Sec. 62.108. RULES
67-21 Sec. 62.109. APPEAL OF COMMISSIONER'S DECISION
67-22 Sec. 62.110. CHANGE IN PIECE RATE
67-23 Sec. 62.111. ANNUAL REVIEW OF PIECE RATES
67-24 Sec. 62.112. PIECE RATE FOR CERTAIN COMMODITIES PROHIBITED
67-25 Sec. 62.113. APPLICATION TO DIRECT EMPLOYMENT AND
67-26 CONTRACT LABOR
67-27 Sec. 62.114. SUSPENSION OF PIECE RATE
68-1 (Sections 62.115-62.150 reserved for expansion)
68-2 SUBCHAPTER D. EXEMPTIONS
68-3 Sec. 62.151. PERSON COVERED BY FEDERAL ACT
68-4 Sec. 62.152. EMPLOYMENT BY RELIGIOUS, EDUCATIONAL, CHARITABLE,
68-5 OR NONPROFIT ORGANIZATION
68-6 Sec. 62.153. EMPLOYMENT OF CERTAIN PROFESSIONALS, SALESPERSONS,
68-7 AND PUBLIC OFFICIALS
68-8 Sec. 62.154. DOMESTIC EMPLOYMENT
68-9 Sec. 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS
68-10 Sec. 62.156. EMPLOYMENT OF INMATES
68-11 Sec. 62.157. EMPLOYMENT OF CERTAIN FAMILY MEMBERS
68-12 Sec. 62.158. CERTAIN AMUSEMENT AND RECREATIONAL
68-13 ESTABLISHMENTS
68-14 Sec. 62.159. CERTAIN EMPLOYERS NOT CONTRIBUTING TO UNEMPLOYMENT
68-15 COMPENSATION FUND; CERTIFICATE
68-16 Sec. 62.160. AGRICULTURAL EXEMPTIONS
68-17 Sec. 62.161. SHELTERED WORKSHOPS
68-18 (Sections 62.162-62.200 reserved for expansion)
68-19 SUBCHAPTER E. CIVIL PENALTY
68-20 Sec. 62.201. CIVIL PENALTY
68-21 Sec. 62.202. LIMITATIONS
68-22 Sec. 62.203. PLAINTIFFS
68-23 Sec. 62.204. REQUIRED FINDINGS
68-24 Sec. 62.205. ATTORNEY'S FEES; COSTS
68-25 CHAPTER 62. MINIMUM WAGE
68-26 SUBCHAPTER A. GENERAL PROVISIONS
68-27 Sec. 62.001. SHORT TITLE. This chapter may be cited as the
69-1 Texas Minimum Wage Act. (V.A.C.S. Art. 5159d, Sec. 2.)
69-2 Sec. 62.002. DEFINITIONS. In this chapter:
69-3 (1) "Agricultural piece rate worker" means a person:
69-4 (A) who is employed as a hand harvest laborer in
69-5 agriculture; and
69-6 (B) whose pay is computed on a piece rate in an
69-7 operation for which the pay has been and is customarily and
69-8 generally recognized as having been computed on a piece rate in the
69-9 region of employment.
69-10 (2) "Agriculture" includes:
69-11 (A) farming in all its branches;
69-12 (B) cultivating and tilling the soil;
69-13 (C) dairying;
69-14 (D) producing, cultivating, growing, and
69-15 harvesting an agricultural or horticultural commodity, including a
69-16 commodity defined as an agricultural commodity by Section 15(g),
69-17 Agricultural Marketing Act (12 U.S.C. Section 1141j(g));
69-18 (E) raising livestock, bees, fur-bearing
69-19 animals, or poultry; and
69-20 (F) any practice performed by a farmer or on a
69-21 farm as an incident to or in conjunction with farming operations,
69-22 including:
69-23 (i) forestry or lumber operations;
69-24 (ii) preparation for market; and
69-25 (iii) delivery to storage, market, or a
69-26 carrier for transportation to market.
69-27 (3) "Commission" means the Texas Employment
70-1 Commission.
70-2 (4) "Employ" includes to permit to work.
70-3 (5) "Employee" includes any individual employed by an
70-4 employer.
70-5 (6) "Employer" includes a person acting directly or
70-6 indirectly in the interest of an employer in relation to an
70-7 employee.
70-8 (7) "Person" means an individual, partnership,
70-9 association, corporation, business trust, legal representative, or
70-10 any organized group of persons. (V.A.C.S. Art. 5159d, Secs. 3(a),
70-11 (b), (c), (d), (f), (g); New.)
70-12 Sec. 62.003. EARNINGS STATEMENT. (a) At the end of each
70-13 pay period, an employer shall give each employee a written earnings
70-14 statement covering the pay period.
70-15 (b) An earnings statement must be signed by the employer or
70-16 the employer's agent and must show:
70-17 (1) the name of the employee;
70-18 (2) the rate of pay;
70-19 (3) the total amount of pay earned by the employee
70-20 during the pay period;
70-21 (4) any deduction made from the employee's pay and the
70-22 purpose of the deduction;
70-23 (5) the amount of pay after all deductions are made;
70-24 (6) the total number of:
70-25 (A) hours worked by the employee if the
70-26 employee's pay is computed by the hour; or
70-27 (B) units produced by the employee during the
71-1 pay period if the employee's pay is computed on a piece rate; and
71-2 (7) the words "medical certificate," if the employee
71-3 is paid a wage lower than the applicable minimum wage under Section
71-4 62.055.
71-5 (c) An earnings statement may be in any form determined by
71-6 the employer. The information required by Subsection (b) may be
71-7 stated on a check voucher or bank draft given to an employee for
71-8 the employee's wages.
71-9 (d) In this section, "pay period" means the period that an
71-10 employee works for which salary or wages are regularly paid under
71-11 the employee's employment agreement. (V.A.C.S. Art. 5159d, Secs.
71-12 3(k); 9(c) (part); 11(a), (c).)
71-13 Sec. 62.004. PROVISION OF INFORMATION. The commission shall
71-14 provide information to the public about this chapter to ensure that
71-15 both employers and employees in this state are fully aware of:
71-16 (1) their respective rights and responsibilities;
71-17 (2) the specified exemptions; and
71-18 (3) the penalties and liabilities that may be incurred
71-19 for a violation of this chapter. (V.A.C.S. Art. 5159d, Sec. 15.)
71-20 Sec. 62.005. COLLECTIVE BARGAINING NOT IMPAIRED. This
71-21 chapter does not interfere with or in any way diminish the right of
71-22 employees to bargain collectively with their employer through
71-23 representatives chosen by the employees to establish wages that
71-24 exceed the applicable minimum wage under this chapter. (V.A.C.S.
71-25 Art. 5159d, Sec. 14.)
71-26 (Sections 62.006-62.050 reserved for expansion)
71-27 SUBCHAPTER B. MINIMUM WAGE
72-1 Sec. 62.051. MINIMUM WAGE. An employer shall pay to each
72-2 employee not less than $3.35 an hour, except as provided by
72-3 Sections 62.055 and 62.057. (V.A.C.S. Art. 5159d, Secs. 5(a), 6.)
72-4 Sec. 62.052. TIPPED EMPLOYEES. (a) In determining the wage
72-5 of a tipped employee, the amount paid the employee by the employer
72-6 is considered to be increased because of tips by an amount
72-7 determined by the employer but that does not exceed 50 percent of
72-8 the applicable minimum wage rate.
72-9 (b) In this section, "tipped employee" means an employee
72-10 engaged in an occupation in which the employee customarily and
72-11 regularly receives more than $20 a month in tips. (V.A.C.S. Art.
72-12 5159d, Secs. 3(e), 5(b).)
72-13 Sec. 62.053. COST OF MEALS OR LODGING. In computing the
72-14 wage paid to an employee, an employer may include the reasonable
72-15 cost to the employer of furnishing meals, lodging, or both to the
72-16 employee if:
72-17 (1) meals or lodging customarily are furnished by the
72-18 employer to employees; and
72-19 (2) the cost of the meals and lodging are separately
72-20 stated and identified in the earnings statement furnished to the
72-21 employee under Section 62.003. (V.A.C.S. Art. 5159d, Sec. 5(c).)
72-22 Sec. 62.054. CERTAIN EMPLOYEES SUBJECT TO CALL. An employer
72-23 may not be required to pay an employee who lives on the premises of
72-24 a business and who is assigned certain working hours plus
72-25 additional hours when the employee is subject to call for more than
72-26 the number of hours the employee actually works or is on duty
72-27 because of assigned working hours. (V.A.C.S. Art. 5159d, Sec.
73-1 5(d).)
73-2 Sec. 62.055. SPECIAL WAGE FOR CERTAIN EMPLOYEES. (a) A
73-3 person may be employed at a wage less than the applicable minimum
73-4 wage under this chapter but not less than 60 percent of the minimum
73-5 wage if:
73-6 (1) the person's earning or productive capacity is
73-7 impaired by age, physical or mental deficiency, or injury; or
73-8 (2) the person is over 65 years of age.
73-9 (b) Subsection (a) does not apply to a person employed as an
73-10 agricultural piece rate worker. (V.A.C.S. Art. 5159d, Sec. 9(a)
73-11 (part).)
73-12 Sec. 62.056. MEDICAL CERTIFICATE. (a) An employer who
73-13 employs a person described by Section 62.055(a)(1) at a wage lower
73-14 than the applicable minimum wage under Section 62.051 is liable
73-15 under Subchapter E unless before employing the person the employer
73-16 obtains a medical certificate meeting the requirements of
73-17 Subsection (b).
73-18 (b) The medical certificate must be signed by a physician
73-19 licensed to practice medicine by the Texas State Board of Medical
73-20 Examiners and must certify that because of age, physical or mental
73-21 deficiency, or injury the productive or earning capacity of the
73-22 person seeking employment is materially impaired.
73-23 (c) The employer shall retain the medical certificate during
73-24 the period of the person's employment and for two years after the
73-25 employment ends. (V.A.C.S. Art. 5159d, Secs. 9(b) (part), (c)
73-26 (part).)
73-27 Sec. 62.057. PATIENTS AND CLIENTS OF TEXAS DEPARTMENT OF
74-1 MENTAL HEALTH AND MENTAL RETARDATION. (a) A person may be
74-2 compensated for services rendered to the Texas Department of Mental
74-3 Health and Mental Retardation or a department facility at a
74-4 percentage of the base wage adopted under this section if:
74-5 (1) the person is a patient or client of a department
74-6 facility;
74-7 (2) the person's productive capacity is impaired;
74-8 (3) the person:
74-9 (A) assists in the operation of the facility as
74-10 part of the person's therapy; or
74-11 (B) receives occupational training in a
74-12 sheltered workshop or other program operated by the department; and
74-13 (4) the facility or department derives an economic
74-14 benefit from the person's services.
74-15 (b) The percentage of the base wage paid to a person under
74-16 Subsection (a) must correspond to the percentage of the person's
74-17 productive capacity compared with the capacity of an employee who
74-18 performs the same or similar tasks and who is not similarly
74-19 impaired.
74-20 (c) The department shall adopt rules to determine the base
74-21 wage and the percentage of productive capacity of the patients and
74-22 clients and other rules necessary to implement this section.
74-23 (d) Services rendered and payment provided under this
74-24 section may not be construed as creating an employer-employee
74-25 relationship between the department and the patient or client
74-26 engaged in occupational training or therapeutic or rehabilitative
74-27 services. (V.A.C.S. Art. 5159d, Sec. 10a (part).)
75-1 (Sections 62.058-62.100 reserved for expansion)
75-2 SUBCHAPTER C. AGRICULTURAL PIECE RATE WORKERS
75-3 Sec. 62.101. DEFINITION. In this subchapter, "commissioner"
75-4 means the commissioner of agriculture. (V.A.C.S. Art. 5159d, Sec.
75-5 3(j).)
75-6 Sec. 62.102. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE
75-7 WORKERS. (a) A person employed as an agricultural piece rate
75-8 worker to harvest a commodity for which a piece rate has been
75-9 established by the commissioner under this subchapter is entitled
75-10 to receive not less than the minimum hourly wage established under
75-11 Section 62.051.
75-12 (b) Section 62.051 applies to an employer employing a hand
75-13 harvest laborer to harvest a commodity for which a piece rate has
75-14 not been established.
75-15 (c) An employer may not pay an agricultural piece rate
75-16 worker at a piece rate less than the rate determined by the
75-17 commissioner under Section 62.103. (V.A.C.S. Art. 5159d, Secs.
75-18 7(a), (b) (part), (d) (part).)
75-19 Sec. 62.103. PIECE RATE DETERMINED BY COMMISSIONER. (a)
75-20 The commissioner shall determine a piece rate for each agricultural
75-21 commodity that is commercially produced in substantial quantity in
75-22 this state.
75-23 (b) For each agricultural commodity, the piece rate must be
75-24 equivalent to the minimum hourly wage for other agricultural
75-25 workers, as provided by Section 62.051, so that when payment by
75-26 unit of production is applied to a worker of average ability and
75-27 diligence in harvesting the commodity, the worker receives an
76-1 amount equal to the minimum hourly wage for other agricultural
76-2 workers.
76-3 (c) If an agricultural piece rate worker harvests more than
76-4 the number of units of a particular commodity that would provide
76-5 the established minimum wage, the worker shall be paid for the
76-6 total number of units of production that the worker harvests.
76-7 (V.A.C.S. Art. 5159d, Sec. 7(b) (part).)
76-8 Sec. 62.104. COLLECTION OF INFORMATION. (a) The
76-9 commissioner shall collect sufficient information about the actual
76-10 productivity of hand harvesters of agricultural commodities in this
76-11 state to reasonably determine a piece rate for each commodity.
76-12 (b) The commissioner shall retain all information used for
76-13 determining a piece rate while the piece rate is in effect.
76-14 (c) All information used for determining a piece rate shall
76-15 be available for public inspection. (V.A.C.S. Art. 5159d, Secs.
76-16 7(c) (part), (e).)
76-17 Sec. 62.105. COMPUTATION OF PIECE RATE. (a) From the
76-18 information collected under Section 62.104, the average hourly
76-19 productivity of hand harvest laborers for each agricultural
76-20 commodity commercially produced in substantial quantity in this
76-21 state shall be computed and expressed in:
76-22 (1) units of the commodity; or
76-23 (2) units of weight or measure customarily used in
76-24 regard to the commodity.
76-25 (b) The piece rate established by the commissioner for a
76-26 commodity must equal the minimum wage for agricultural workers
76-27 under Section 62.051 divided by the average hourly production of
77-1 hand harvesters of the commodity, rounded to the nearest cent.
77-2 (V.A.C.S. Art. 5159d, Sec. 7(c) (part).)
77-3 Sec. 62.106. HEARINGS. (a) Before issuing an order
77-4 establishing a piece rate, the commissioner or a person designated
77-5 by the commissioner shall hold a public hearing at which the
77-6 proposed rate and the information from which the rate is determined
77-7 shall be presented.
77-8 (b) Agricultural employers and employees or their
77-9 representatives shall be given a reasonable opportunity to be heard
77-10 and to protest the establishment of a proposed rate.
77-11 (c) After a hearing, the commissioner may modify a proposed
77-12 rate before finally establishing the rate. (V.A.C.S. Art. 5159d,
77-13 Sec. 7(f) (part).)
77-14 Sec. 62.107. ORDER ESTABLISHING PIECE RATE. (a) An order
77-15 of the commissioner establishing or modifying a piece rate may not
77-16 take effect before the 31st day after the date the order is issued.
77-17 (b) Each order establishing a piece rate shall be kept on
77-18 file in the commissioner's office in Austin, Texas.
77-19 (c) The commissioner shall furnish a copy of each order
77-20 establishing a piece rate to the Texas Employment Commission.
77-21 (V.A.C.S. Art. 5159d, Secs. 7(g) (part), (h) (part).)
77-22 Sec. 62.108. RULES. The commissioner may adopt rules
77-23 necessary for the proper administration of this subchapter,
77-24 including procedures for giving notice of and conducting hearings.
77-25 (V.A.C.S. Art. 5159d, Sec. 7(l).)
77-26 Sec. 62.109. APPEAL OF COMMISSIONER'S DECISION. (a) Unless
77-27 set aside by a judgment of a court of competent jurisdiction, the
78-1 commissioner's decision establishing a piece rate is final and
78-2 binding on all parties subject to this chapter.
78-3 (b) If a piece rate for a commodity is set aside by final
78-4 judgment of a court of competent jurisdiction, the minimum hourly
78-5 wage provided by Section 62.051 applies to harvesting the commodity
78-6 until a valid piece rate is established. (V.A.C.S. Art. 5159d,
78-7 Sec. 7(f) (part).)
78-8 Sec. 62.110. CHANGE IN PIECE RATE. A new piece rate may be
78-9 established for a commodity in the manner provided for the
78-10 establishment of an initial piece rate at any time the information
78-11 available to the commissioner indicates a substantial change in
78-12 condition. (V.A.C.S. Art. 5159d, Sec. 7(i) (part).)
78-13 Sec. 62.111. ANNUAL REVIEW OF PIECE RATES. The commissioner
78-14 shall review each piece rate at least annually and shall determine
78-15 if a new piece rate is needed. (V.A.C.S. Art. 5159d, Sec. 7(i)
78-16 (part).)
78-17 Sec. 62.112. PIECE RATE FOR CERTAIN COMMODITIES PROHIBITED.
78-18 (a) A piece rate may not be established for harvesting of a
78-19 commodity if, in the commissioner's judgment:
78-20 (1) sufficient information is not available for
78-21 determining the average hourly productivity of hand harvesters of
78-22 the commodity; or
78-23 (2) the commodity is not commercially produced in this
78-24 state in sufficient quantity to justify establishing a piece rate.
78-25 (b) The commissioner's decision not to establish a piece
78-26 rate for a particular commodity does not preclude the subsequent
78-27 establishment of a piece rate for the commodity when, in the
79-1 commissioner's judgment:
79-2 (1) sufficient information is available; and
79-3 (2) the quantity of production of the commodity
79-4 justifies establishing a piece rate. (V.A.C.S. Art. 5159d, Sec.
79-5 7(d) (part).)
79-6 Sec. 62.113. APPLICATION TO DIRECT EMPLOYMENT AND CONTRACT
79-7 LABOR. This subchapter applies to:
79-8 (1) a person directly employed by an owner, operator,
79-9 or manager of a farm; and
79-10 (2) a person whose services to perform agricultural
79-11 labor are furnished to an employer by someone other than the
79-12 laborer. (V.A.C.S. Art. 5159d, Secs. 3(h), 7(j).)
79-13 Sec. 62.114. SUSPENSION OF PIECE RATE. The commissioner by
79-14 order may suspend a piece rate in a specified area for not more
79-15 than 30 days in an emergency caused by:
79-16 (1) a flood, hurricane, or other natural disaster; or
79-17 (2) any occurrence that may result in the excessive
79-18 loss of agricultural products. (V.A.C.S. Art. 5159d, Sec. 7(k).)
79-19 (Sections 62.115-62.150 reserved for expansion)
79-20 SUBCHAPTER D. EXEMPTIONS
79-21 Sec. 62.151. PERSON COVERED BY FEDERAL ACT. This chapter
79-22 does not apply to a person covered by the Fair Labor Standards Act
79-23 of 1938 (29 U.S.C. Section 201 et seq.). (V.A.C.S. Art. 5159d,
79-24 Sec. 4(a).)
79-25 Sec. 62.152. EMPLOYMENT BY RELIGIOUS, EDUCATIONAL,
79-26 CHARITABLE, OR NONPROFIT ORGANIZATION. An employer is exempt from
79-27 this chapter with respect to the employment of a person who is:
80-1 (1) a member of a religious order while the person is
80-2 performing a service for or at the direction of the order;
80-3 (2) a duly ordained, commissioned, or licensed
80-4 minister, priest, rabbi, sexton, or Christian Science reader while
80-5 the person is performing services in that capacity for a church,
80-6 synagogue, or religious organization;
80-7 (3) engaged in the activities of a religious,
80-8 educational, charitable, or nonprofit organization in which:
80-9 (A) the employer-employee relationship does not
80-10 in fact exist; or
80-11 (B) the services are rendered to the
80-12 organization gratuitously;
80-13 (4) employed by the Boy Scouts of America, the Girl
80-14 Scouts of America, or a local organization affiliated with those
80-15 organizations;
80-16 (5) employed by a camp of a religious, educational,
80-17 charitable, or nonprofit organization; or
80-18 (6) employed with the person's spouse by a nonprofit
80-19 educational institution to serve as the parents of a child:
80-20 (A) who is an orphan;
80-21 (B) one of whose natural parents is deceased; or
80-22 (C) who is enrolled in and resides in
80-23 residential facilities of the institution, if the employee and the
80-24 employee's spouse:
80-25 (i) reside in residential facilities of
80-26 the institution; and
80-27 (ii) receive, without cost, board and
81-1 lodging from the institution. (V.A.C.S. Art. 5159d, Secs. 4(b)
81-2 (part), (d).)
81-3 Sec. 62.153. EMPLOYMENT OF CERTAIN PROFESSIONALS,
81-4 SALESPERSONS, AND PUBLIC OFFICIALS. An employer is exempt from
81-5 this chapter with respect to the employment of a person:
81-6 (1) employed in a bona fide executive, administrative,
81-7 or professional capacity;
81-8 (2) employed as an outside salesperson or collector
81-9 and paid a commission; or
81-10 (3) who performs services for a political subdivision
81-11 as an elected official or as a member of a legislative body.
81-12 (V.A.C.S. Art. 5159d, Sec. 4(b) (part).)
81-13 Sec. 62.154. DOMESTIC EMPLOYMENT. An employer is exempt
81-14 from this chapter with respect to the employment of a person who:
81-15 (1) performs domestic services in or about a private
81-16 home, including a person who performs the duties of baby-sitting in
81-17 or out of the employer's home; or
81-18 (2) lives in or about a private home and furnishes
81-19 personal care for a resident of the home. (V.A.C.S. Art. 5159d,
81-20 Sec. 4(b) (part).)
81-21 Sec. 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS. An
81-22 employer is exempt from this chapter with respect to the employment
81-23 of a person who:
81-24 (1) is less than 18 years of age and is not a high
81-25 school graduate or a graduate of a vocational training program,
81-26 other than a person who is employed in agriculture and whose pay is
81-27 computed on a piece rate;
82-1 (2) is less than 20 years of age and is a student
82-2 regularly enrolled in a high school, college, university, or
82-3 vocational training program, other than a person who is employed in
82-4 agriculture and whose pay is computed on a piece rate; or
82-5 (3) has a disability and who is:
82-6 (A) not more than 21 years of age;
82-7 (B) a client of vocational rehabilitation; and
82-8 (C) participating in a cooperative school-work
82-9 program. (V.A.C.S. Art. 5159d, Sec. 4(b) (part).)
82-10 Sec. 62.156. EMPLOYMENT OF INMATES. An employer is exempt
82-11 from this chapter with respect to the employment of a person who
82-12 performs services while imprisoned in the institutional division of
82-13 the Texas Department of Criminal Justice or while confined in a
82-14 local jail. (V.A.C.S. Art. 5159d, Sec. 4(b) (part).)
82-15 Sec. 62.157. EMPLOYMENT OF CERTAIN FAMILY MEMBERS. An
82-16 employer is exempt from this chapter with respect to employment of
82-17 the employer's brother, sister, brother-in-law, sister-in-law,
82-18 child, spouse, parent, son-in-law, daughter-in-law, ward, or person
82-19 in loco parentis to the employee. (V.A.C.S. Art. 5159d, Sec. 4(b)
82-20 (part).)
82-21 Sec. 62.158. CERTAIN AMUSEMENT AND RECREATIONAL
82-22 ESTABLISHMENTS. An employer is exempt from this chapter with
82-23 respect to employment in an amusement or recreational establishment
82-24 that:
82-25 (1) does not operate for more than seven months in a
82-26 calendar year; or
82-27 (2) had average receipts for any six months of the
83-1 preceding calendar year of not more than 33-1/3 percent of its
83-2 average receipts for the other six months of the year. (V.A.C.S.
83-3 Art. 5159d, Sec. 4(b) (part).)
83-4 Sec. 62.159. CERTAIN EMPLOYERS NOT CONTRIBUTING TO
83-5 UNEMPLOYMENT COMPENSATION FUND; CERTIFICATE. (a) An employer that
83-6 is liable for payment of contributions to the unemployment
83-7 compensation fund under Subtitle A, Title 4, is exempt from this
83-8 chapter, except with respect to employment of a person in
83-9 agriculture.
83-10 (b) The commission shall furnish a certificate stating
83-11 whether a specified employer is liable for the payment of
83-12 contributions to the unemployment compensation fund under Subtitle
83-13 A, Title 4, to a person making a written request for a certificate.
83-14 The commission may require payment of a fee not to exceed $5 for
83-15 the issuance of the certificate.
83-16 (c) A certificate issued under this section is admissible in
83-17 evidence in an action brought by an employee under Subchapter E.
83-18 In the absence of evidence to the contrary:
83-19 (1) it is presumed that the facts stated in the
83-20 certificate are true; and
83-21 (2) the certificate is conclusive as to whether the
83-22 named employer is exempt from this chapter under this section.
83-23 (V.A.C.S. Art. 5159d, Sec. 4(c) (part).)
83-24 Sec. 62.160. AGRICULTURAL EXEMPTIONS. (a) An employer is
83-25 exempt from this chapter with respect to employment of a person in
83-26 dairy farming.
83-27 (b) Sections 62.051-62.054 and Subchapter C do not apply to
84-1 an agricultural employer with respect to an employee engaged in the
84-2 production of livestock.
84-3 (c) In this section, "production of livestock" includes:
84-4 (1) any livestock operation, without regard to size or
84-5 type of location, in which the land produces forage or feedstuffs,
84-6 including naturally or artificially revegetated forage or
84-7 feedstuffs;
84-8 (2) breeding, feeding, watering, containing,
84-9 maintaining, and caring for livestock;
84-10 (3) production of livestock in feedlots; and
84-11 (4) all other activities necessary or useful to the
84-12 raising of livestock. (V.A.C.S. Art. 5159d, Secs. 3(l), 4(b)
84-13 (part), 8.)
84-14 Sec. 62.161. SHELTERED WORKSHOPS. A nonprofit charitable
84-15 organization that is engaged in evaluating, training, and
84-16 employment services for clients with disabilities and that complies
84-17 with federal regulations covering those activities is considered to
84-18 have complied with this chapter. (V.A.C.S. Art. 5159d, Sec. 10.)
84-19 (Sections 62.162-62.200 reserved for expansion)
84-20 SUBCHAPTER E. CIVIL PENALTY
84-21 Sec. 62.201. CIVIL PENALTY. An employer who violates
84-22 Section 62.051, 62.052, 62.053, 62.054, 62.055, or 62.056 or
84-23 Subchapter C is liable to an affected employee in the amount of the
84-24 unpaid wages plus an additional equal amount as liquidated damages.
84-25 (V.A.C.S. Art. 5159d, Sec. 13(a).)
84-26 Sec. 62.202. LIMITATIONS. An action to recover a liability
84-27 imposed by this subchapter must be brought not later than the
85-1 second anniversary of the date on which the unpaid wages are due
85-2 and payable. (V.A.C.S. Art. 5159d, Sec. 13(e).)
85-3 Sec. 62.203. PLAINTIFFS. (a) An action to recover a
85-4 liability under this subchapter may be brought by an employee for
85-5 that employee and other similarly affected employees.
85-6 (b) An employee may not be a plaintiff to an action brought
85-7 under this subchapter unless:
85-8 (1) the employee consents in writing; and
85-9 (2) the consent is filed in the court in which the
85-10 action is brought. (V.A.C.S. Art. 5159d, Sec. 13(b) (part).)
85-11 Sec. 62.204. REQUIRED FINDINGS. At the trial of an action
85-12 brought under this subchapter, the plaintiff recovers if the jury
85-13 or the court finds from a preponderance of the evidence that:
85-14 (1) the plaintiff is or has been employed by the
85-15 defendant at any time during the two years preceding the
85-16 institution of the action;
85-17 (2) the original petition filed by or on behalf of the
85-18 plaintiff is verified; and
85-19 (3) the defendant failed to pay the plaintiff the
85-20 minimum wage under this chapter. (V.A.C.S. Art. 5159d, Sec.
85-21 13(c).)
85-22 Sec. 62.205. ATTORNEY'S FEES; COSTS. In addition to a
85-23 judgment awarded to the plaintiff, the court shall allow reasonable
85-24 attorney's fees and costs of the action to be paid by the
85-25 defendant. (V.A.C.S. Art. 5159d, Sec. 13(d).)
85-26 (Chapters 63-80 reserved for expansion)
85-27 SUBTITLE D. EMPLOYEE BENEFITS
86-1 CHAPTER 81. WORK AND FAMILY POLICIES
86-2 Sec. 81.001. DEFINITIONS
86-3 Sec. 81.002. WORK AND FAMILY POLICIES ADVISORY COMMITTEE
86-4 Sec. 81.003. WORK AND FAMILY POLICIES CLEARINGHOUSE
86-5 Sec. 81.004. CLEARINGHOUSE POWERS AND DUTIES
86-6 Sec. 81.005. DEPOSIT OF MATERIALS
86-7 Sec. 81.006. WORK AND FAMILY POLICIES FUND
86-8 Sec. 81.007. RULES
86-9 Sec. 81.008. GIFTS, GRANTS, AND DONATIONS
86-10 CHAPTER 81. WORK AND FAMILY POLICIES
86-11 Sec. 81.001. DEFINITIONS. In this chapter:
86-12 (1) "Clearinghouse" means the Work and Family Policies
86-13 Clearinghouse.
86-14 (2) "Commission" means the Texas Employment
86-15 Commission.
86-16 (3) "Committee" means the Work and Family Policies
86-17 Advisory Committee. (V.A.C.S. Art. 5221g-1, Sec. 1.)
86-18 Sec. 81.002. WORK AND FAMILY POLICIES ADVISORY COMMITTEE.
86-19 (a) The Work and Family Policies Advisory Committee shall advise
86-20 the commission on:
86-21 (1) dependent care and other employment-related family
86-22 initiatives for public and private employers and employees;
86-23 (2) options for including dependent care as a state
86-24 employee benefit; and
86-25 (3) any other employment-related family issues.
86-26 (b) The administrator of the commission shall appoint the
86-27 members of the committee, to be composed of not more than 12
87-1 members. The committee must be composed of corporate, consumer,
87-2 and provider representatives from the public and private sectors.
87-3 (c) A member of the committee may not receive compensation
87-4 for service on the committee but is entitled to reimbursement for
87-5 necessary and reasonable expenses incurred while traveling on
87-6 official committee business, subject to any limitation on
87-7 reimbursement provided by the General Appropriations Act for a
87-8 state employee. Service on the committee is not state employment
87-9 for any purpose. (V.A.C.S. Art. 5221g-1, Sec. 2.)
87-10 Sec. 81.003. WORK AND FAMILY POLICIES CLEARINGHOUSE. The
87-11 Work and Family Policies Clearinghouse is within the commission.
87-12 (V.A.C.S. Art. 5221g-1, Sec. 3(a) (part).)
87-13 Sec. 81.004. CLEARINGHOUSE POWERS AND DUTIES. (a) The
87-14 clearinghouse shall provide technical assistance and information on
87-15 dependent care and other employment-related family issues to public
87-16 and private employers, state agencies, policymakers, and
87-17 individuals.
87-18 (b) The clearinghouse shall conduct research on child care
87-19 and other employment-related family issues in the state and compile
87-20 the results of that research. In fulfilling its obligations under
87-21 this subsection, the clearinghouse:
87-22 (1) may contract with other public or private
87-23 entities;
87-24 (2) shall select specific research topics after
87-25 consulting with the committee and considering the committee's
87-26 recommendations; and
87-27 (3) shall report annually on its research under this
88-1 subsection to the governor, lieutenant governor, and speaker of the
88-2 house of representatives. (V.A.C.S. Art. 5221g-1, Secs. 3(a)
88-3 (part), (d).)
88-4 Sec. 81.005. DEPOSIT OF MATERIALS. Materials on
88-5 employment-related family issues that are published by state
88-6 agencies may be deposited with the clearinghouse for distribution
88-7 to employers, job applicants, and other interested persons.
88-8 (V.A.C.S. Art. 5221g-1, Sec. 3(b).)
88-9 Sec. 81.006. WORK AND FAMILY POLICIES FUND. (a) The work
88-10 and family policies fund is in the state treasury. Money in the
88-11 fund is derived from fees deposited as required by Section
88-12 191.0045, Health and Safety Code, and may be used only for:
88-13 (1) the operation of the clearinghouse;
88-14 (2) research conducted by the clearinghouse under
88-15 Section 81.004; and
88-16 (3) other uses specifically authorized by law.
88-17 (b) The clearinghouse shall administer the work and family
88-18 policies fund. (V.A.C.S. Art. 5221g-1, Secs. 3(c), 4.)
88-19 Sec. 81.007. RULES. The commission by rule may adopt
88-20 procedures to implement functions under Sections 81.004, 81.005,
88-21 and 81.006(b). In adopting rules under this section, the
88-22 commission shall consider the recommendations of the clearinghouse
88-23 staff. (V.A.C.S. Art. 5221g-1, Sec. 3(e).)
88-24 Sec. 81.008. GIFTS, GRANTS, AND DONATIONS. (a) The
88-25 clearinghouse may accept a gift or grant from a public or private
88-26 entity to fund any activity under this chapter.
88-27 (b) The commission may accept a donation of money, services,
89-1 or property only if the commission determines that the donation
89-2 furthers the lawful purposes and objectives of the commission under
89-3 this chapter and the donation is accepted in an open meeting by a
89-4 majority of the voting members of the commission. The donation
89-5 must be reported in the public records of the commission with the
89-6 name of the donor and the purpose of the donation. (V.A.C.S. Art.
89-7 5221g-1, Sec. 5, as added Acts 72nd Leg., R.S., Ch. 651, 1991, and
89-8 Sec. 5, as added Acts 72nd Leg., R.S., Ch. 27, 1991.)
89-9 (Chapters 82-100 reserved for expansion)
89-10 TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
89-11 CHAPTER 101. LABOR ORGANIZATIONS
89-12 SUBCHAPTER A. RIGHTS OF WORKING PERSONS
89-13 Sec. 101.001. RIGHT TO ORGANIZE
89-14 Sec. 101.002. RIGHT TO INFLUENCE ANOTHER REGARDING
89-15 EMPLOYMENT
89-16 Sec. 101.003. RIGHT TO BARGAIN
89-17 Sec. 101.004. CONTRACT FOR WITHHOLDING UNION DUES FROM
89-18 EMPLOYEE'S COMPENSATION VOID
89-19 WITHOUT EMPLOYEE'S CONSENT
89-20 (Sections 101.005-101.050 reserved for expansion)
89-21 SUBCHAPTER B. RIGHT TO WORK
89-22 Sec. 101.051. DEFINITION
89-23 Sec. 101.052. DENIAL OF EMPLOYMENT BASED ON LABOR
89-24 UNION MEMBERSHIP PROHIBITED
89-25 Sec. 101.053. CONTRACT REQUIRING OR PROHIBITING LABOR UNION
89-26 MEMBERSHIP VOID
89-27 (Sections 101.054-101.100 reserved for expansion)
90-1 SUBCHAPTER C. REGULATION OF LABOR UNIONS
90-2 Sec. 101.101. DEFINITIONS
90-3 Sec. 101.102. LEGISLATIVE FINDINGS; POLICY
90-4 Sec. 101.103. LIBERAL CONSTRUCTION
90-5 Sec. 101.104. METHOD OF ELECTION OF OFFICERS, AGENTS,
90-6 ORGANIZERS, AND REPRESENTATIVES
90-7 Sec. 101.105. ANNUAL ELECTION OF OFFICERS, AGENTS, ORGANIZERS,
90-8 AND REPRESENTATIVES
90-9 Sec. 101.106. NOTICE OF ELECTION
90-10 Sec. 101.107. RESULTS OF ELECTION
90-11 Sec. 101.108. CERTAIN UNIONS EXCEPTED
90-12 Sec. 101.109. CERTAIN PERSONS PROHIBITED FROM HOLDING
90-13 OFFICE
90-14 Sec. 101.110. LABOR ORGANIZERS; ORGANIZER'S CARD
90-15 Sec. 101.111. FEE FOR PRIVILEGE TO WORK PROHIBITED
90-16 Sec. 101.112. EXCESSIVE FEES PROHIBITED
90-17 Sec. 101.113. ADVANCE FEES
90-18 Sec. 101.114. FEE RECEIPT REQUIRED
90-19 Sec. 101.115. CONSTRUCTION OF FEE RESTRICTIONS
90-20 Sec. 101.116. MEMBER IN ARMED FORCES
90-21 Sec. 101.117. REASONABLE TIME FOR DECISION ON MEMBERSHIP
90-22 REQUIRED
90-23 Sec. 101.118. EXPULSION OF MEMBER
90-24 Sec. 101.119. RECORDS
90-25 Sec. 101.120. REPORTS
90-26 Sec. 101.121. CIVIL PENALTY
90-27 Sec. 101.122. ENFORCEMENT BY CIVIL PROCESS
91-1 Sec. 101.123. OFFENSE; PENALTY
91-2 Sec. 101.124. ENFORCEMENT OFFICERS
91-3 (Sections 101.125-101.150 reserved for expansion)
91-4 SUBCHAPTER D. PICKETING
91-5 Sec. 101.151. DEFINITION
91-6 Sec. 101.152. MASS PICKETING PROHIBITED
91-7 Sec. 101.153. USE OF INSULTING, THREATENING, OR OBSCENE
91-8 LANGUAGE PROHIBITED
91-9 Sec. 101.154. PICKETING INTENDED TO SECURE BREACH OF LABOR
91-10 AGREEMENT PROHIBITED
91-11 Sec. 101.155. DECLARATION OR PUBLICATION OF CONTINUATION OF
91-12 ENJOINED PICKETING PROHIBITED
91-13 Sec. 101.156. OFFENSE; PENALTY
91-14 (Sections 101.157-101.200 reserved for expansion)
91-15 SUBCHAPTER E. SECONDARY PICKETING
91-16 Sec. 101.201. SECONDARY PICKETING PROHIBITED
91-17 Sec. 101.202. OFFENSE; PENALTY
91-18 Sec. 101.203. CIVIL LIABILITY
91-19 Sec. 101.204. ENFORCEMENT
91-20 Sec. 101.205. VENUE
91-21 (Sections 101.206-101.250 reserved for expansion)
91-22 SUBCHAPTER F. LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
91-23 Sec. 101.251. DEFINITIONS
91-24 Sec. 101.252. LIABILITY OF LABOR ORGANIZATION
91-25 CHAPTER 101. LABOR ORGANIZATIONS
91-26 SUBCHAPTER A. RIGHTS OF WORKING PERSONS
91-27 Sec. 101.001. RIGHT TO ORGANIZE. All persons engaged in any
92-1 kind of labor may associate and form trade unions and other
92-2 organizations to protect themselves in their personal labor in
92-3 their respective employment. (V.A.C.S. Art. 5152.)
92-4 Sec. 101.002. RIGHT TO INFLUENCE ANOTHER REGARDING
92-5 EMPLOYMENT. (a) A person by peaceful and lawful means may induce
92-6 or attempt to induce another to:
92-7 (1) enter or refuse to enter a particular employment;
92-8 or
92-9 (2) quit a particular employment in which the other
92-10 person is then engaged.
92-11 (b) A member of a trade union or other organization may not
92-12 enter the premises of another without the consent of the owner of
92-13 the premises.
92-14 (c) This section does not apply to an association formed, an
92-15 act taken, or an agreement made:
92-16 (1) to limit the production, transportation, use, or
92-17 consumption of labor's products; or
92-18 (2) that creates a trust or conspiracy in restraint of
92-19 trade under the laws of this state.
92-20 (d) Subsection (c) does not interfere with the terms of a
92-21 private contract between an employer and an employee with regard to
92-22 the time of service or other stipulations.
92-23 (e) Subsection (c) may not be construed as repealing or
92-24 affecting a statute on trusts, conspiracies against trade, pools,
92-25 or monopolies. (V.A.C.S. Arts. 5153, 5154.)
92-26 Sec. 101.003. RIGHT TO BARGAIN. A person's inherent right
92-27 to work and to bargain freely with the person's employer,
93-1 individually or collectively, for terms of the person's employment
93-2 may not be denied or infringed by law or by any organization.
93-3 (V.A.C.S. Art. 5207a, Sec. 1.)
93-4 Sec. 101.004. CONTRACT FOR WITHHOLDING UNION DUES FROM
93-5 EMPLOYEE'S COMPENSATION VOID WITHOUT EMPLOYEE'S CONSENT. A
93-6 contract that permits or requires the retention of part of an
93-7 employee's compensation to pay dues or assessments on the
93-8 employee's part to a labor union is void unless the employee
93-9 delivers to the employer the employee's written consent to the
93-10 retention of those sums. (V.A.C.S. Art. 5154e (part).)
93-11 (Sections 101.005-101.050 reserved for expansion)
93-12 SUBCHAPTER B. RIGHT TO WORK
93-13 Sec. 101.051. DEFINITION. In this subchapter, "labor union"
93-14 means an incorporated or unincorporated association, group, union,
93-15 lodge, local, branch, or subordinate organization of a union of
93-16 working persons organized and existing to protect those persons and
93-17 to improve their working conditions, wages, or employment
93-18 relationships, but does not include an organization not commonly
93-19 regarded as a labor union. (V.A.C.S. Art. 5207a, Sec. 4.)
93-20 Sec. 101.052. DENIAL OF EMPLOYMENT BASED ON LABOR UNION
93-21 MEMBERSHIP PROHIBITED. A person may not be denied employment based
93-22 on membership or nonmembership in a labor union. (V.A.C.S. Art.
93-23 5207a, Sec. 2.)
93-24 Sec. 101.053. CONTRACT REQUIRING OR PROHIBITING LABOR UNION
93-25 MEMBERSHIP VOID. A contract is void if it requires that, to work
93-26 for an employer, employees or applicants for employment:
93-27 (1) must be or may not be members of a labor union; or
94-1 (2) must remain or may not remain members of a labor
94-2 union. (V.A.C.S. Art. 5207a, Sec. 3 (part).)
94-3 (Sections 101.054-101.100 reserved for expansion)
94-4 SUBCHAPTER C. REGULATION OF LABOR UNIONS
94-5 Sec. 101.101. DEFINITIONS. In this subchapter:
94-6 (1) "Enforcement officer" means the attorney general,
94-7 district attorney, or county attorney.
94-8 (2) "Labor organizer" means a person who for a
94-9 financial consideration solicits membership in a labor union or
94-10 members for a labor union.
94-11 (3) "Labor union" means an incorporated or
94-12 unincorporated association, group, union, lodge, local, branch, or
94-13 subordinate organization of a union of working persons organized
94-14 and existing to protect those persons and to improve their working
94-15 conditions, wages, or employment relationships, but does not
94-16 include an organization not commonly regarded as a labor union.
94-17 (V.A.C.S. Art. 5154a, Sec. 2 (part).)
94-18 Sec. 101.102. LEGISLATIVE FINDINGS; POLICY. (a) The
94-19 legislature finds that because the activities of labor unions
94-20 affect the economic conditions of the country and the state by
94-21 entering into almost all business and industrial enterprises, labor
94-22 unions affect the public interest and are charged with a public
94-23 use.
94-24 (b) Workers must be protected without regard to whether they
94-25 are unionized. The right to work is the right to live.
94-26 (c) The policy of this state, in the exercise of its
94-27 sovereign constitutional police power, is to regulate the
95-1 activities and affairs of labor unions and officers, agents,
95-2 organizers, and representatives of labor unions, as provided by
95-3 this subchapter. (V.A.C.S. Art. 5154a, Sec. 1.)
95-4 Sec. 101.103. LIBERAL CONSTRUCTION. (a) This subchapter
95-5 shall be liberally construed to:
95-6 (1) achieve the purposes provided by Section 101.102;
95-7 and
95-8 (2) protect the rights of working persons to work and
95-9 to organize for their mutual benefit in connection with their work.
95-10 (b) This subchapter may not be construed to deny the free
95-11 rights of assembling, bargaining, and petitioning, orally or in
95-12 writing, regarding a matter affecting labor or employment.
95-13 (V.A.C.S. Art. 5154a, Sec. 14.)
95-14 Sec. 101.104. METHOD OF ELECTION OF OFFICERS, AGENTS,
95-15 ORGANIZERS, AND REPRESENTATIVES. (a) An officer, agent,
95-16 organizer, or representative of a labor union must be elected by
95-17 secret ballot and by majority vote of the members present and
95-18 participating, except as provided by Subsections (b) and (c) and
95-19 Section 101.108.
95-20 (b) A labor union may require more than a majority vote for
95-21 the election of an officer, agent, organizer, or representative.
95-22 (c) A labor union may take a vote of the entire membership
95-23 for an officer, agent, organizer, or representative by mailed
95-24 ballots. (V.A.C.S. Art. 5154a, Sec. 4 (part).)
95-25 Sec. 101.105. ANNUAL ELECTION OF OFFICERS, AGENTS,
95-26 ORGANIZERS, AND REPRESENTATIVES. An election for labor union
95-27 officers, agents, organizers, and representatives must be held at
96-1 least once each year, except as provided by Section 101.108.
96-2 (V.A.C.S. Art. 5154a, Sec. 4 (part).)
96-3 Sec. 101.106. NOTICE OF ELECTION. Except as provided by
96-4 Section 101.108, a labor union shall give members at least seven
96-5 days' notice of an election under Section 101.105. The notice must
96-6 be given in the manner most convenient to the union by:
96-7 (1) written or printed notice mailed to the member's
96-8 last known address;
96-9 (2) posting notice in a place public to the
96-10 membership; or
96-11 (3) announcement at a regular stated meeting of the
96-12 union. (V.A.C.S. Art. 5154a, Sec. 4 (part).)
96-13 Sec. 101.107. RESULTS OF ELECTION. The results of an
96-14 election held under Section 101.105 shall be determined and
96-15 declared by the president and the secretary at the time in the
96-16 presence of the members or delegates participating, except as
96-17 provided by Section 101.108. (V.A.C.S. Art. 5154a, Sec. 4 (part).)
96-18 Sec. 101.108. CERTAIN UNIONS EXCEPTED. Sections
96-19 101.104-101.107 do not apply to a union that:
96-20 (1) under its constitution, bylaws, or other
96-21 organization rules, held its elections for officers and
96-22 representatives every three years or every four years, for the four
96-23 years ending August 10, 1943; and
96-24 (2) charged members an initiation fee of $10 or less,
96-25 for the 10 years ending August 10, 1943. (V.A.C.S. Art. 5154a,
96-26 Sec. 4 (part).)
96-27 Sec. 101.109. CERTAIN PERSONS PROHIBITED FROM HOLDING
97-1 OFFICE. (a) A person may not serve as a labor union officer or as
97-2 a labor organizer if the person:
97-3 (1) is an alien; or
97-4 (2) has been convicted of a felony.
97-5 (b) Subsection (a) does not apply to a person who has been
97-6 convicted of a felony and whose rights of citizenship have been
97-7 fully restored. (V.A.C.S. Art. 5154a, Sec. 4a.)
97-8 Sec. 101.110. LABOR ORGANIZERS; ORGANIZER'S CARD. (a) A
97-9 labor organizer operating in this state must apply in writing for
97-10 an organizer's card before soliciting members for the organizer's
97-11 organization.
97-12 (b) An application for an organizer's card must:
97-13 (1) be filed with the secretary of state by mail or in
97-14 person;
97-15 (2) state the applicant's full name and labor union
97-16 affiliations, if any;
97-17 (3) describe the applicant's credentials;
97-18 (4) be accompanied by a copy of the applicant's
97-19 credentials; and
97-20 (5) be signed by the applicant.
97-21 (c) On the filing of an application for an organizer's card,
97-22 the secretary of state shall issue the applicant a card containing:
97-23 (1) the applicant's name;
97-24 (2) the applicant's union affiliation;
97-25 (3) a space for the applicant's signature;
97-26 (4) the designation "labor organizer"; and
97-27 (5) the secretary of state's signature, dated and
98-1 attested by the secretary's seal of office.
98-2 (d) A labor organizer shall:
98-3 (1) carry the card issued under Subsection (c)
98-4 whenever the organizer is soliciting members; and
98-5 (2) exhibit the card on request of a person being
98-6 solicited for membership. (V.A.C.S. Art. 5154a, Sec. 5.)
98-7 Sec. 101.111. FEE FOR PRIVILEGE TO WORK PROHIBITED. (a) A
98-8 labor union, a labor organizer, or an officer, member, agent, or
98-9 representative of a labor union may not collect, receive, or
98-10 demand, directly or indirectly, a fee as a work permit or as a
98-11 condition for the privilege to work from a person who is not a
98-12 member of the union.
98-13 (b) Subsection (a) does not prevent the collection of an
98-14 initiation fee as provided by Section 101.113. (V.A.C.S. Art.
98-15 5154a, Secs. 8 (part), 8a.)
98-16 Sec. 101.112. EXCESSIVE FEES PROHIBITED. (a) A labor union
98-17 or an officer, agent, or member of a labor union may not charge or
98-18 receive initiation fees, dues, fines, or other assessments to
98-19 create a fund that exceeds the reasonable requirements of the union
98-20 in carrying out its lawful purposes or activities, if the fees,
98-21 dues, fines, or other assessments create an undue hardship on an
98-22 applicant for initiation to the union or on union members.
98-23 (b) Subsection (a) may not be construed to prevent dues or
98-24 other assessments:
98-25 (1) for a purpose that is beneficial to union members
98-26 according to established practice, including the maintenance or
98-27 investment of funds for those beneficial purposes;
99-1 (2) if the members who contribute share in or may
99-2 reasonably expect to share in the benefits, for:
99-3 (A) old age benefits;
99-4 (B) death and burial benefits;
99-5 (C) hospitalization, unemployment, health and
99-6 accident, retirement, or other forms of mutual insurance;
99-7 (D) legislative representation;
99-8 (E) a grievance committee;
99-9 (F) gifts, floral offerings, or other charitable
99-10 purposes; or
99-11 (G) any other legitimate purpose; or
99-12 (3) for placement in a fund to be used by the union in
99-13 paying its members while they are on strike, if:
99-14 (A) initiation fees are not placed in the fund;
99-15 and
99-16 (B) the fund remains under the members' control.
99-17 (c) This section shall be liberally construed to prevent
99-18 excessive initiation fees. (V.A.C.S. Art. 5154a, Sec. 7.)
99-19 Sec. 101.113. ADVANCE FEES. (a) On payment in full by an
99-20 applicant for labor union membership of all initiation fees or dues
99-21 regularly assessed by the union, the union shall:
99-22 (1) elect the applicant to membership; or
99-23 (2) immediately return in full the money paid by the
99-24 applicant.
99-25 (b) On election of an applicant to labor union membership,
99-26 advance fees paid by the applicant may be used by the union for the
99-27 purposes for which the fees were advanced.
100-1 (c) A labor union or an officer, agent, or member of a labor
100-2 union shall collect all fees in good faith. A labor union may not
100-3 elect a person to membership merely to obtain the person's
100-4 initiation fee.
100-5 (d) A labor union may not collect an initiation fee from a
100-6 member and then discharge or suspend the member, or cause the
100-7 member's employer to discharge the member, without reasonable and
100-8 just cause.
100-9 (e) A labor union that violates Subsection (d) is subject to
100-10 the civil penalty provided by Section 101.121. (V.A.C.S. Art.
100-11 5154a, Sec. 8 (part).)
100-12 Sec. 101.114. FEE RECEIPT REQUIRED. A labor organizer or an
100-13 officer, agent, or member of a labor union may not collect a fee,
100-14 dues, or other sum in connection with membership in a labor union
100-15 from a person without giving the person at that time a receipt
100-16 that:
100-17 (1) is signed by the labor organizer, officer, agent,
100-18 or member; and
100-19 (2) states that the sum of money received is to be:
100-20 (A) delivered to the labor union; and
100-21 (B) held intact until the person has been
100-22 elected and has become a bona fide voting member of the union.
100-23 (V.A.C.S. Art. 5154a, Sec. 8 (part).)
100-24 Sec. 101.115. CONSTRUCTION OF FEE RESTRICTIONS. Sections
100-25 101.111, 101.113, and 101.114 may not be construed as preventing
100-26 any type of bargaining agreement or limiting the bargaining power
100-27 of a labor union. (V.A.C.S. Art. 5154a, Sec. 8 (part).)
101-1 Sec. 101.116. MEMBER IN ARMED FORCES. A union member who,
101-2 because of service with the United States armed forces, has been
101-3 unable to pay any dues or assessment levied by a union to which the
101-4 member belonged may not be required to make the back payments as a
101-5 condition to reinstatement in good standing as a member. (V.A.C.S.
101-6 Art. 5154a, Sec. 10a.)
101-7 Sec. 101.117. REASONABLE TIME FOR DECISION ON MEMBERSHIP
101-8 REQUIRED. A labor union may not refuse to give a person desiring
101-9 membership in the union a reasonable time after obtaining the
101-10 promise of employment in which to decide whether to join the union
101-11 as a condition of employment. (V.A.C.S. Art. 5154a, Sec. 10
101-12 (part).)
101-13 Sec. 101.118. EXPULSION OF MEMBER. (a) A labor union may
101-14 not expel a union member without:
101-15 (1) good cause; and
101-16 (2) a fair and public hearing by and within the
101-17 organization, after due notice and an opportunity to be heard on
101-18 the specific charges alleged.
101-19 (b) On the petition of a member expelled from a labor
101-20 organization, a court of competent jurisdiction shall order the
101-21 reinstatement of the member if the member was expelled without good
101-22 cause. (V.A.C.S. Art. 5154a, Sec. 10 (part).)
101-23 Sec. 101.119. RECORDS. (a) Each labor union in this state
101-24 shall keep accurate books of accounts that:
101-25 (1) itemize each receipt from any source;
101-26 (2) itemize each expenditure for any purpose; and
101-27 (3) state the source of each receipt and the purpose
102-1 of each expenditure.
102-2 (b) A member of a labor union is entitled to inspect the
102-3 books, records, and accounts of the union at any reasonable time.
102-4 (c) The attorney general, or, subject to the attorney
102-5 general's approval, a district attorney or county attorney, is
102-6 entitled to inspect on demand the books, records, and accounts of a
102-7 labor union at any reasonable time.
102-8 (d) The books, records, and accounts of a labor union are
102-9 open to grand juries and judicial and quasi-judicial inquiries in
102-10 legal proceedings. (V.A.C.S. Art. 5154a, Sec. 9.)
102-11 Sec. 101.120. REPORTS. A labor union required to file
102-12 reports with the United States Secretary of Labor under Section
102-13 201, Labor-Management Reporting and Disclosure Act of 1959 (29
102-14 U.S.C. Section 431) or a successor statute shall file a copy of
102-15 each report with the secretary of state not later than the 30th day
102-16 after the date the report was filed with the secretary of labor.
102-17 (V.A.C.S. Art. 5154a, Sec. 3.)
102-18 Sec. 101.121. CIVIL PENALTY. A labor union that violates a
102-19 provision of this subchapter is liable for a civil penalty not to
102-20 exceed $1,000 for each violation. The civil penalty may be
102-21 recovered in the name of the state, acting through an enforcement
102-22 officer, in a court of competent jurisdiction. (V.A.C.S. Art.
102-23 5154a, Sec. 11 (part).)
102-24 Sec. 101.122. ENFORCEMENT BY CIVIL PROCESS. (a) A district
102-25 court has jurisdiction, on the application of the state acting
102-26 through an enforcement officer, to issue a restraining order, a
102-27 temporary or permanent injunction, or any other writ or process
103-1 appropriate to enforce this subchapter.
103-2 (b) A proceeding under Subsection (a) shall be instituted,
103-3 prosecuted, and tried in the same manner as another civil case of a
103-4 similar nature in the district court. (V.A.C.S. Art. 5154a, Sec.
103-5 12.)
103-6 Sec. 101.123. OFFENSE; PENALTY. (a) A labor union officer
103-7 or a labor organizer commits an offense if the person violates a
103-8 provision of this subchapter.
103-9 (b) An offense under this section is a misdemeanor
103-10 punishable by:
103-11 (1) a fine of not more than $500;
103-12 (2) confinement in the county jail for not more than
103-13 60 days; or
103-14 (3) both the fine and confinement. (V.A.C.S. Art.
103-15 5154a, Sec. 11 (part).)
103-16 Sec. 101.124. ENFORCEMENT OFFICERS. The attorney general,
103-17 and each district attorney and county attorney, within the
103-18 attorney's respective jurisdiction, shall:
103-19 (1) prosecute all criminal proceedings under this
103-20 subchapter; and
103-21 (2) institute and maintain all civil proceedings under
103-22 this subchapter. (V.A.C.S. Art. 5154a, Sec. 13.)
103-23 (Sections 101.125-101.150 reserved for expansion)
103-24 SUBCHAPTER D. PICKETING
103-25 Sec. 101.151. DEFINITION. In this subchapter, "picketing"
103-26 includes the stationing of a person for an organization to:
103-27 (1) induce anyone not to enter the premises being
104-1 picketed;
104-2 (2) observe the premises being picketed to ascertain
104-3 who enters or patronizes the premises; or
104-4 (3) follow employees or patrons of the premises being
104-5 picketed to or from those premises to observe them or to attempt to
104-6 dissuade them from entering or patronizing the premises. (V.A.C.S.
104-7 Art. 5154d, Sec. 1 (part).)
104-8 Sec. 101.152. MASS PICKETING PROHIBITED. (a) A person may
104-9 not engage in any form of picketing activity in which a picket
104-10 constitutes any character of obstacle to the free ingress to and
104-11 egress from an entrance to any premises, either by obstructing the
104-12 free ingress and egress with the person's body or by placing a
104-13 vehicle or other physical obstruction.
104-14 (b) In this section, "picket" includes a person:
104-15 (1) stationed by or acting for an organization to:
104-16 (A) induce anyone not to enter the premises
104-17 being picketed; or
104-18 (B) observe the premises being picketed to
104-19 ascertain who enters or patronizes the premises; or
104-20 (2) who follows employees or patrons of the premises
104-21 being picketed to or from those premises to observe them or to
104-22 attempt to dissuade them from entering or patronizing the premises.
104-23 (V.A.C.S. Art. 5154d, Sec. 1 (part).)
104-24 Sec. 101.153. USE OF INSULTING, THREATENING, OR OBSCENE
104-25 LANGUAGE PROHIBITED. A person may not, by use of insulting,
104-26 threatening, or obscene language, interfere with or intimidate or
104-27 seek to interfere with or intimidate another:
105-1 (1) in the exercise of the other person's lawful right
105-2 to work or to enter on the performance of a lawful vocation; or
105-3 (2) from freely entering or leaving any premises.
105-4 (V.A.C.S. Art. 5154d, Sec. 2.)
105-5 Sec. 101.154. PICKETING INTENDED TO SECURE BREACH OF LABOR
105-6 AGREEMENT PROHIBITED. A person may not engage in picketing the
105-7 purpose of which, directly or indirectly, is to secure the
105-8 disregard or breach of a valid existing labor agreement arrived at
105-9 between an employer and the representatives:
105-10 (1) designated by the employees for the purpose of
105-11 collective bargaining; or
105-12 (2) certified as the bargaining unit under the
105-13 National Labor Relations Act (29 U.S.C. Section 151 et seq.).
105-14 (V.A.C.S. Art. 5154d, Sec. 4.)
105-15 Sec. 101.155. DECLARATION OR PUBLICATION OF CONTINUATION OF
105-16 ENJOINED PICKETING PROHIBITED. A person may not declare or
105-17 publicize the continued existence of actual or constructive
105-18 picketing at a point or directed against a premises after a court
105-19 of competent jurisdiction has enjoined the continuation of that
105-20 picketing at that point or premises. (V.A.C.S. Art. 5154d, Sec.
105-21 4a.)
105-22 Sec. 101.156. OFFENSE; PENALTY. (a) A person commits an
105-23 offense if the person violates Section 101.152, 101.153, 101.154,
105-24 or 101.155. Each separate act of violation constitutes a separate
105-25 offense.
105-26 (b) An offense under this section is a misdemeanor
105-27 punishable by:
106-1 (1) a fine of not less than $25 nor more than $500;
106-2 (2) confinement in jail for not more than 90 days; or
106-3 (3) both the fine and confinement. (V.A.C.S.
106-4 Art. 5154d, Sec. 5.)
106-5 (Sections 101.157-101.200 reserved for expansion)
106-6 SUBCHAPTER E. SECONDARY PICKETING
106-7 Sec. 101.201. SECONDARY PICKETING PROHIBITED. (a) A person
106-8 may not establish, call, participate in, or aid picketing at or
106-9 near the premises of an employer with whom a labor dispute does not
106-10 exist.
106-11 (b) In this section:
106-12 (1) "Employee" includes any person working for another
106-13 for hire in this state, but does not include an independent
106-14 contractor.
106-15 (2) "Employer" means any person who engages the
106-16 services of an employee.
106-17 (3) "Labor dispute" means a controversy concerning
106-18 wages, hours, or conditions of employment between an employer and
106-19 employees. A controversy is not a labor dispute if the employees
106-20 do not have a real and substantial economic interest in the work
106-21 performed for the employer.
106-22 (4) "Picket" includes a person:
106-23 (A) stationed by or acting in behalf of an
106-24 organization to:
106-25 (i) induce anyone not to enter the
106-26 premises being picketed;
106-27 (ii) apprise the public by signs or other
107-1 means of the existence of a labor dispute at or near the premises
107-2 being picketed; or
107-3 (iii) observe the premises being picketed
107-4 to ascertain who enters or patronizes the premises; or
107-5 (B) who follows employees or patrons of the
107-6 premises being picketed to or from those premises to observe them
107-7 or to attempt to dissuade them from entering or patronizing the
107-8 premises. (V.A.C.S. Art. 5154f, Secs. 1 (part), 2 (part).)
107-9 Sec. 101.202. OFFENSE; PENALTY. (a) A person commits an
107-10 offense if the person violates any provision of this subchapter.
107-11 (b) An offense under this section is a misdemeanor
107-12 punishable by:
107-13 (1) a fine of not more than $500;
107-14 (2) confinement in the county jail for not more than
107-15 six months; or
107-16 (3) both the fine and confinement. (V.A.C.S.
107-17 Art. 5154f, Sec. 3.)
107-18 Sec. 101.203. CIVIL LIABILITY. (a) A person who violates
107-19 any provision of this subchapter is liable to a person damaged by
107-20 the violation for the damages resulting from the violation.
107-21 (b) A person damaged by a violation of this subchapter may
107-22 maintain an action to redress the damage and may obtain injunctive
107-23 relief.
107-24 (c) An association or labor union that represents or
107-25 purports to represent a person who violates any provision of this
107-26 subchapter is jointly and severally liable with the person for the
107-27 damages resulting from the violation.
108-1 (d) In this section, "labor union" means any incorporated or
108-2 unincorporated association, group, union, national or local,
108-3 branch, or subordinate organization of a union of working persons
108-4 organized and existing in part to protect those persons and to
108-5 improve their working conditions, wages, or employment
108-6 relationships and includes the local, state, national, and
108-7 international affiliates of those organizations. (V.A.C.S.
108-8 Art. 5154f, Secs. 2 (part), 4.)
108-9 Sec. 101.204. ENFORCEMENT. The state, acting through the
108-10 attorney general or a district attorney or county attorney, may
108-11 institute a suit in district court to enjoin a person from
108-12 violating this subchapter. (V.A.C.S. Art. 5154f, Sec. 5.)
108-13 Sec. 101.205. VENUE. Venue for a suit or cause of action
108-14 arising under this subchapter is in:
108-15 (1) the county in which the violation is alleged to
108-16 have occurred;
108-17 (2) the county in which the defendant resides; or
108-18 (3) if there are two or more defendants, a county in
108-19 which any defendant resides. (V.A.C.S. Art. 5154f, Sec. 6.)
108-20 (Sections 101.206-101.250 reserved for expansion)
108-21 SUBCHAPTER F. LIABILITY OF LABOR ORGANIZATION FOR DAMAGES
108-22 Sec. 101.251. DEFINITIONS. In this subchapter:
108-23 (1) "Labor organization" means any organization in
108-24 which employees participate and that exists in whole or in part to
108-25 deal with one or more employers concerning grievances, labor
108-26 disputes, wages, hours of employment, or working conditions.
108-27 (2) "Picketing" includes the stationing of a person
109-1 for an organization to:
109-2 (A) induce anyone not to enter the premises
109-3 being picketed;
109-4 (B) apprise the public by signs or other means
109-5 of the existence of a dispute;
109-6 (C) observe the premises being picketed to
109-7 ascertain who enters or patronizes the premises; or
109-8 (D) follow employees or patrons of the premises
109-9 being picketed to or from those premises to observe them or to
109-10 attempt to dissuade them from entering or patronizing the premises.
109-11 (V.A.C.S. Art. 5154b, Sec. 2.)
109-12 Sec. 101.252. LIABILITY OF LABOR ORGANIZATION. A labor
109-13 organization whose members picket or strike against a person is
109-14 liable for damages for a loss resulting to the person because of
109-15 the picketing or strike if a court of competent jurisdiction holds
109-16 that the picketing or strike is a breach of contract. (V.A.C.S.
109-17 Art. 5154b, Sec. 1.)
109-18 CHAPTER 102. LABOR ARBITRATION
109-19 SUBCHAPTER A. GENERAL PROVISIONS
109-20 Sec. 102.001. DEFINITION
109-21 Sec. 102.002. DISPUTE RESOLUTION THROUGH ARBITRATION
109-22 (Sections 102.003-102.010 reserved for expansion)
109-23 SUBCHAPTER B. SELECTION OF BOARD AND OFFICERS
109-24 Sec. 102.011. NUMBER OF BOARD MEMBERS
109-25 Sec. 102.012. EMPLOYER REPRESENTATION ON BOARD
109-26 Sec. 102.013. EMPLOYEE REPRESENTATION ON BOARD
109-27 Sec. 102.014. CHAIRMAN
110-1 Sec. 102.015. BOARD SECRETARY
110-2 Sec. 102.016. ARBITRATOR'S CONSENT TO ACT
110-3 (Sections 102.017-102.020 reserved for expansion)
110-4 SUBCHAPTER C. POWERS AND DUTIES OF BOARD AND OFFICERS
110-5 Sec. 102.021. POWERS AND DUTIES OF BOARD
110-6 Sec. 102.022. CHAIRMAN'S DUTIES
110-7 Sec. 102.023. ISSUANCE OF SUBPOENAS
110-8 (Sections 102.024-102.030 reserved for expansion)
110-9 SUBCHAPTER D. PARTY CONDUCT
110-10 Sec. 102.031. EMPLOYEE TERMINATION RESTRICTED
110-11 Sec. 102.032. PROHIBITIONS AGAINST STRIKES OR BOYCOTTS
110-12 (Sections 102.033-102.040 reserved for expansion)
110-13 SUBCHAPTER E. FILINGS WITH BOARD; HEARINGS
110-14 Sec. 102.041. WRITTEN SUBMISSION OF DISPUTE OR GRIEVANCE
110-15 Sec. 102.042. HEARING; NOTICE
110-16 (Sections 102.043-102.050 reserved for expansion)
110-17 SUBCHAPTER F. COURT FILINGS AND ORDERS
110-18 Sec. 102.051. ARBITRATION PETITION
110-19 Sec. 102.052. COURT ORDER REQUIRED
110-20 Sec. 102.053. FILING OF PETITION AND ORDER
110-21 (Sections 102.054-102.060 reserved for expansion)
110-22 SUBCHAPTER G. EXPENSES AND FEES
110-23 Sec. 102.061. SURETY BOND
110-24 Sec. 102.062. BOARD MEMBER EXPENSES
110-25 Sec. 102.063. REIMBURSEMENT OF WITNESS
110-26 Sec. 102.064. FEES
110-27 (Sections 102.065-102.070 reserved for expansion)
111-1 SUBCHAPTER H. AWARD AND APPEALS
111-2 Sec. 102.071. TERMINATION OF BOARD'S POWER
111-3 Sec. 102.072. ADDITIONAL DISPUTE OR GRIEVANCE
111-4 Sec. 102.073. COPIES OF AWARD; ISSUANCE
111-5 Sec. 102.074. JUDGMENT ON AWARD; EFFECTIVE DATE; EXCEPTION
111-6 Sec. 102.075. APPEALS
111-7 CHAPTER 102. LABOR ARBITRATION
111-8 SUBCHAPTER A. GENERAL PROVISIONS
111-9 Sec. 102.001. DEFINITION. In this chapter, "board" means an
111-10 arbitration board appointed under this chapter. (New.)
111-11 Sec. 102.002. DISPUTE RESOLUTION THROUGH ARBITRATION. (a)
111-12 An employer and employees may submit a dispute or grievance
111-13 resulting from the employer's and employees' work relationship to a
111-14 board for a hearing and determination.
111-15 (b) An arbitration may not be conducted under this chapter
111-16 without the consent of all parties involved in the dispute or
111-17 grievance. (V.A.C.S. Art. 239 (part).)
111-18 (Sections 102.003-102.010 reserved for expansion)
111-19 SUBCHAPTER B. SELECTION OF BOARD AND OFFICERS
111-20 Sec. 102.011. NUMBER OF BOARD MEMBERS. A board established
111-21 under this chapter must be composed of five members. (V.A.C.S.
111-22 Art. 239 (part).)
111-23 Sec. 102.012. EMPLOYER REPRESENTATION ON BOARD. The
111-24 employer may designate two arbitrators to serve on the board.
111-25 (V.A.C.S. Art. 239 (part).)
111-26 Sec. 102.013. EMPLOYEE REPRESENTATION ON BOARD. (a) In a
111-27 dispute or grievance in which the affected employees are members in
112-1 good standing of a labor organization:
112-2 (1) if the organization is represented by a delegate
112-3 in a central body, the central body may designate two arbitrators
112-4 to serve on the board; and
112-5 (2) if the organization is not represented by a
112-6 delegate in a central body, the organization may designate two
112-7 arbitrators to serve on the board.
112-8 (b) In a dispute or grievance in which all of the affected
112-9 employees are not represented by a labor organization, the labor
112-10 organization in concurrent action with a majority of those
112-11 employees not represented by a labor organization may designate two
112-12 arbitrators to serve on the board.
112-13 (c) In a dispute or grievance that concerns two or more
112-14 classes or grades of employees who belong to different labor
112-15 organizations, the labor organizations in concurrent action may
112-16 designate two arbitrators to serve on the board.
112-17 (d) If the employees concerned in the dispute or grievance
112-18 are not members of a labor organization, those employees shall call
112-19 a meeting to elect by majority vote two arbitrators to serve on the
112-20 board. (V.A.C.S. Arts. 239 (part), 241.)
112-21 Sec. 102.014. CHAIRMAN. (a) The four arbitrators selected
112-22 under Sections 102.012 and 102.013 shall designate a fifth
112-23 arbitrator who serves as the chairman of the board.
112-24 (b) If an agreement as to a fifth arbitrator cannot be
112-25 reached under Subsection (a), on notice of any arbitrator a
112-26 district judge of the district that has jurisdiction over the
112-27 dispute or grievance shall appoint the fifth arbitrator, who serves
113-1 as the chairman of the board. (V.A.C.S. Art. 239 (part).)
113-2 Sec. 102.015. BOARD SECRETARY. The board shall select one
113-3 member to act as secretary for the board. (V.A.C.S. Art. 243
113-4 (part).)
113-5 Sec. 102.016. ARBITRATOR'S CONSENT TO ACT. (a) An
113-6 arbitrator selected under this chapter must:
113-7 (1) sign a form consenting to serve as an arbitrator;
113-8 and
113-9 (2) take and sign an oath administered by an officer
113-10 authorized to administer oaths to faithfully and impartially
113-11 discharge the duties of an arbitrator.
113-12 (b) A written copy of the consent form and oath shall be
113-13 filed with the district clerk for the county in which the
113-14 arbitration is conducted. (V.A.C.S. Art. 243 (part).)
113-15 (Sections 102.017-102.020 reserved for expansion)
113-16 SUBCHAPTER C. POWERS AND DUTIES OF BOARD AND OFFICERS
113-17 Sec. 102.021. POWERS AND DUTIES OF BOARD. (a) A board may
113-18 adopt and enforce rules to be followed at board hearings.
113-19 (b) The board may set a schedule of sessions and
113-20 adjournments.
113-21 (c) The board shall hear and examine witnesses who are
113-22 brought before the board and consider other proof given that is
113-23 relevant to the matter in dispute. (V.A.C.S. Art. 244 (part).)
113-24 Sec. 102.022. CHAIRMAN'S DUTIES. (a) The chairman of the
113-25 board may:
113-26 (1) administer oaths; and
113-27 (2) issue subpoenas for the production of books and
114-1 papers and the attendance of witnesses.
114-2 (b) The chairman of the board may exercise the powers
114-3 granted under this section to the same extent as a judge of a court
114-4 of record in this state. (V.A.C.S. Art. 244 (part).)
114-5 Sec. 102.023. ISSUANCE OF SUBPOENAS. (a) The board's
114-6 secretary shall sign each subpoena issued under this chapter.
114-7 (b) The board may authorize a person of full age to serve a
114-8 subpoena issued under this chapter. (V.A.C.S. Art. 247 (part).)
114-9 (Sections 102.024-102.030 reserved for expansion)
114-10 SUBCHAPTER D. PARTY CONDUCT
114-11 Sec. 102.031. EMPLOYEE TERMINATION RESTRICTED. During the
114-12 period that the arbitration is pending, an employer or receiver or
114-13 an agent of the employer may not discharge an employee who is a
114-14 party to the arbitration except for:
114-15 (1) the employee's inefficiency, violation of law, or
114-16 neglect of duty; or
114-17 (2) the employer's need for a work force reduction.
114-18 (V.A.C.S. Art. 246 (part).)
114-19 Sec. 102.032. PROHIBITIONS AGAINST STRIKES OR BOYCOTTS. (a)
114-20 During the period that arbitration is pending, a labor organization
114-21 that represents employees who are parties to the arbitration may
114-22 not order or aid employees in a strike or boycott against the
114-23 employer or receiver.
114-24 (b) Employees who are parties to the arbitration may not
114-25 engage in or aid a strike or boycott of the employer or receiver.
114-26 (V.A.C.S. Art. 246 (part).)
114-27 (Sections 102.033-102.040 reserved for expansion)
115-1 SUBCHAPTER E. FILINGS WITH BOARD; HEARINGS
115-2 Sec. 102.041. WRITTEN SUBMISSION OF DISPUTE OR GRIEVANCE.
115-3 (a) The question to be decided by the board must be submitted to
115-4 the board in writing, signed by:
115-5 (1) the employer or receiver; and
115-6 (2) the labor organization representing the employees
115-7 or the employee or any employee or employees to be affected by the
115-8 arbitration who do not belong to a labor organization.
115-9 (b) The submission must stipulate that:
115-10 (1) pending the arbitration, the status existing
115-11 before the dispute, grievance, or strike may not be changed;
115-12 (2) the arbitration award shall be filed with the
115-13 district clerk for the county in which the arbitration is
115-14 conducted;
115-15 (3) the arbitration award is final and may not be set
115-16 aside except for an error in law that is apparent on the record;
115-17 (4) the parties will faithfully execute the
115-18 arbitration award;
115-19 (5) the arbitration award may be enforced in a court
115-20 of equity;
115-21 (6) an employee dissatisfied with the arbitration
115-22 award may not end employment because of that dissatisfaction
115-23 without giving the employer 30 days' written notice of the
115-24 intention to end employment;
115-25 (7) the award continues in effect until the first
115-26 anniversary of the initial date of its implementation; and
115-27 (8) a new arbitration of the same subject matter
116-1 between the same parties may not be entered into during the one
116-2 year period provided for in Subdivision (7). (V.A.C.S. Art. 242.)
116-3 Sec. 102.042. HEARING; NOTICE. (a) The board shall conduct
116-4 a hearing not later than the 10th day after the agreement to
116-5 arbitrate is filed.
116-6 (b) Each party to the dispute is entitled to receive notice
116-7 of the time and place of the hearing. (V.A.C.S. Art. 243 (part).)
116-8 (Sections 102.043-102.050 reserved for expansion)
116-9 SUBCHAPTER F. COURT FILINGS AND ORDERS
116-10 Sec. 102.051. ARBITRATION PETITION. A board may submit a
116-11 written petition signed by a majority of the board to a district
116-12 judge in the county in which the dispute or grievance arose. The
116-13 petition must:
116-14 (1) show that the board was selected according to the
116-15 procedures set forth in this chapter;
116-16 (2) state the nature of the dispute or grievance that
116-17 is the subject matter of the arbitration; and
116-18 (3) request the judge to issue an order establishing
116-19 and approving the board. (V.A.C.S. Art. 240 (part).)
116-20 Sec. 102.052. COURT ORDER REQUIRED. On receipt of a
116-21 petition filed under Section 102.051, the judge shall issue an
116-22 order establishing an arbitration board. The order shall refer the
116-23 matter in dispute to the board for a hearing and determination of
116-24 the matter in dispute. (V.A.C.S. Art. 240 (part).)
116-25 Sec. 102.053. FILING OF PETITION AND ORDER. The petition
116-26 and the subsequent order or a copy of the petition and order shall
116-27 be filed with the district clerk in the county in which the
117-1 arbitration is conducted. (V.A.C.S. Art. 240 (part).)
117-2 (Sections 102.054-102.060 reserved for expansion)
117-3 SUBCHAPTER G. EXPENSES AND FEES
117-4 Sec. 102.061. SURETY BOND. Before a board considers a
117-5 dispute or grievance, each party shall file a bond in an amount set
117-6 by the board and conditioned on the payment of all expenses
117-7 connected with the arbitration procedure. The bond must have two
117-8 or more good and sufficient sureties. (V.A.C.S. Art. 247 (part).)
117-9 Sec. 102.062. BOARD MEMBER EXPENSES. A member of the board
117-10 is entitled to receive:
117-11 (1) three dollars a day for each day of actual service
117-12 on the board not to exceed $30; and
117-13 (2) five cents a mile for each mile traveled to and
117-14 from the place where the board is in session. (V.A.C.S. Art. 247
117-15 (part).)
117-16 Sec. 102.063. REIMBURSEMENT OF WITNESS. A witness called by
117-17 the board is entitled to receive:
117-18 (1) 50 cents a day for each day's attendance; and
117-19 (2) five cents a mile for each mile traveled by the
117-20 shortest route to and from a board hearing where the witness'
117-21 attendance is required. (V.A.C.S. Art. 247 (part).)
117-22 Sec. 102.064. FEES. (a) The board may charge fees and
117-23 mileage paid under Sections 102.062 and 102.063 against either or
117-24 both parties.
117-25 (b) Fees and mileage charged against a party under this
117-26 section shall be included in the award. (V.A.C.S. Art. 247
117-27 (part).)
118-1 (Sections 102.065-102.070 reserved for expansion)
118-2 SUBCHAPTER H. AWARD AND APPEALS
118-3 Sec. 102.071. TERMINATION OF BOARD'S POWER. Except as
118-4 provided by Section 102.072, a board's power ends on the
118-5 determination of the grievance or dispute by the board. (V.A.C.S.
118-6 Art. 245 (part).)
118-7 Sec. 102.072. ADDITIONAL DISPUTE OR GRIEVANCE. (a) If, at
118-8 the time a board renders its determination, a similar grievance or
118-9 dispute exists between the same class of persons for which a board
118-10 may be created, those persons may submit the dispute or grievance
118-11 to the board.
118-12 (b) The board has the same power to act and determine a
118-13 dispute or grievance submitted under this section as the board
118-14 would have if it had been created to determine that dispute or
118-15 grievance. (V.A.C.S. Art. 245 (part).)
118-16 Sec. 102.073. COPIES OF AWARD; ISSUANCE. (a) The board
118-17 shall issue three copies of the arbitration award.
118-18 (b) The board shall:
118-19 (1) file one copy of the award with the district
118-20 clerk;
118-21 (2) issue one copy of the award to the employer or
118-22 receiver; and
118-23 (3) issue one copy of the award to the employees or
118-24 the employees' representative. (V.A.C.S. Art. 248 (part).)
118-25 Sec. 102.074. JUDGMENT ON AWARD; EFFECTIVE DATE; EXCEPTION.
118-26 (a) Judgment shall be entered on an award made under this chapter
118-27 and the award takes effect, unless a timely exception is filed, on
119-1 the 11th day after the date it is filed with the district clerk
119-2 under Section 102.073.
119-3 (b) A party may file an exception to an award for a matter
119-4 of law apparent on the record. The exception must be filed with
119-5 the court not later than the 10th day after the date on which the
119-6 award is filed with the district clerk under Section 102.073.
119-7 (c) If an exception is filed, judgment shall be entered on
119-8 the award and the award takes effect on the 11th day after the date
119-9 of the decision of the district court on the exception or on appeal
119-10 from the district court's decision under Section 102.075.
119-11 (V.A.C.S. Arts. 248 (part), 249 (part).)
119-12 Sec. 102.075. APPEALS. (a) Either party to an arbitration
119-13 case decided by a district court may file an appeal of the district
119-14 court's decision not later than the 10th day after the date on
119-15 which the judgment is entered.
119-16 (b) The decision of the court of appeals under this section
119-17 is final. The clerk of the court of appeals shall certify the
119-18 decision and the district court shall enter the judgment.
119-19 (c) If the court of appeals sustains the exception, it shall
119-20 set aside the award, but the parties may agree on a judgment to be
119-21 entered disposing of the dispute. A judgment on an agreement
119-22 entered into under this subsection has the same force and effect of
119-23 law as a judgment entered on an award by a board of arbitration.
119-24 (V.A.C.S. Art. 249 (part).)
119-25 (Chapters 103-200 reserved for expansion)
119-26 TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
119-27 SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT
120-1 CHAPTER 201. UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS
120-2 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
120-3 Sec. 201.001. SHORT TITLE
120-4 Sec. 201.002. APPLICATION OF SUNSET ACT
120-5 (Sections 201.003-201.010 reserved for expansion)
120-6 SUBCHAPTER B. GENERAL DEFINITIONS
120-7 Sec. 201.011. GENERAL DEFINITIONS
120-8 Sec. 201.012. DEFINITION OF MISCONDUCT
120-9 (Sections 201.013-201.020 reserved for expansion)
120-10 SUBCHAPTER C. DEFINITION OF EMPLOYER
120-11 Sec. 201.021. GENERAL DEFINITION OF EMPLOYER
120-12 Sec. 201.022. EFFECT OF BUSINESS ACQUISITION
120-13 Sec. 201.023. TAX-EXEMPT NONPROFIT ORGANIZATION
120-14 Sec. 201.024. ELECTION TO BE EMPLOYER
120-15 Sec. 201.025. EMPLOYER UNDER FEDERAL LAW
120-16 Sec. 201.026. STATE; POLITICAL SUBDIVISION
120-17 Sec. 201.027. EMPLOYER OF DOMESTIC SERVICE WORKER
120-18 Sec. 201.028. EMPLOYER OF FARM AND RANCH LABORER
120-19 (Sections 201.029-201.040 reserved for expansion)
120-20 SUBCHAPTER D. DEFINITION OF EMPLOYMENT
120-21 Sec. 201.041. GENERAL DEFINITION OF EMPLOYMENT
120-22 Sec. 201.042. SERVICE OF DRIVER OR SALESMAN
120-23 Sec. 201.043. LOCATION OF SERVICE
120-24 Sec. 201.044. SERVICE UNDER RECIPROCAL AGREEMENT
120-25 Sec. 201.045. SERVICE ON VESSEL OR AIRCRAFT
120-26 Sec. 201.046. EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT
120-27 Sec. 201.047. FARM AND RANCH LABOR AS EMPLOYMENT
121-1 (Sections 201.048-201.060 reserved for expansion)
121-2 SUBCHAPTER E. EXCEPTIONS TO EMPLOYMENT
121-3 Sec. 201.061. SERVICE ELIGIBLE UNDER ACT OF CONGRESS
121-4 Sec. 201.062. SERVICE UNDER ARRANGEMENT WITH AGENCY
121-5 Sec. 201.063. CERTAIN GOVERNMENT SERVICE
121-6 Sec. 201.064. DOMESTIC SERVICE
121-7 Sec. 201.065. SERVICE BY RELATIVE
121-8 Sec. 201.066. RELIGIOUS SERVICE
121-9 Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF
121-10 Sec. 201.068. SERVICE IN HOSPITAL
121-11 Sec. 201.069. SERVICE OF STUDENT
121-12 Sec. 201.070. SERVICE AS PRODUCT DEMONSTRATOR; SALESMAN
121-13 Sec. 201.071. SERVICE AS INSURANCE AGENT
121-14 Sec. 201.072. SERVICE AS REAL ESTATE BROKER
121-15 Sec. 201.073. DELIVERY SERVICE; NEWSPAPER DELIVERY SERVICE
121-16 Sec. 201.074. SERVICE BY INMATE
121-17 Sec. 201.075. SERVICE ON FISHING VESSEL
121-18 Sec. 201.076. INCLUDED AND EXCLUDED SERVICE IN PAY PERIOD
121-19 (Sections 201.077-201.080 reserved for expansion)
121-20 SUBCHAPTER F. DEFINITION OF WAGES
121-21 Sec. 201.081. GENERAL DEFINITION OF WAGES
121-22 Sec. 201.082. EXCEPTIONS TO WAGES
121-23 (Sections 201.083-201.090 reserved for expansion)
121-24 SUBCHAPTER G. TOTAL AND PARTIAL UNEMPLOYMENT
121-25 Sec. 201.091. TOTAL AND PARTIAL UNEMPLOYMENT
121-26 (Sections 201.092-201.100 reserved for expansion)
121-27 SUBCHAPTER H. CONFORMITY WITH FEDERAL STATUTES
122-1 Sec. 201.101. CONFORMITY WITH FEDERAL STATUTES
122-2 CHAPTER 201. UNEMPLOYMENT COMPENSATION ACT--GENERAL PROVISIONS
122-3 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
122-4 Sec. 201.001. SHORT TITLE. This subtitle may be cited as
122-5 the Texas Unemployment Compensation Act.
122-6 (V.A.C.S. Art. 5221b-22b.)
122-7 Sec. 201.002. APPLICATION OF SUNSET ACT. The Texas
122-8 Employment Commission is subject to Chapter 325, Government Code
122-9 (Texas Sunset Act). Unless continued in existence as provided by
122-10 that chapter, the commission is abolished September 1, 1999.
122-11 (V.A.C.S. Art. 5221b-8(i).)
122-12 (Sections 201.003-201.010 reserved for expansion)
122-13 SUBCHAPTER B. GENERAL DEFINITIONS
122-14 Sec. 201.011. GENERAL DEFINITIONS. In this subtitle:
122-15 (1) "Base period" means:
122-16 (A) the four consecutive calendar quarters,
122-17 prescribed by the commission, in the five consecutive calendar
122-18 quarters preceding the first day of an individual's benefit year;
122-19 or
122-20 (B) for an individual precluded because of a
122-21 medically verifiable injury or illness from working during a major
122-22 part of a calendar quarter of the period that would otherwise be
122-23 the individual's base period under Paragraph (A), the first four
122-24 calendar quarters of the five consecutive calendar quarters
122-25 preceding the calendar quarter in which the illness began or the
122-26 injury occurred if the individual files an initial claim for
122-27 benefits not later than 24 months after the date on which the
123-1 individual's injury or illness began or occurred.
123-2 (2) "Benefit" means the money payable under this
123-3 subtitle to an individual because of the individual's unemployment.
123-4 (3) "Benefit amount" means benefits an individual is
123-5 entitled to receive for one benefit period of total unemployment.
123-6 (4) "Benefit period" means the seven consecutive
123-7 calendar days ending at midnight on Saturday and is the period for
123-8 which entitlement to benefits is determined.
123-9 (5) "Benefit year" means the 52 consecutive calendar
123-10 weeks beginning with the week for which an individual files a valid
123-11 initial claim for benefits.
123-12 (6) "Calendar quarter" means a period of three
123-13 consecutive calendar months ending on:
123-14 (A) March 31, June 30, September 30, or December
123-15 31; or
123-16 (B) the dates prescribed by rule of the
123-17 commission.
123-18 (7) "Chargeback" means the benefits charged to an
123-19 employer's account under Section 204.021.
123-20 (8) "Commission" means the Texas Employment
123-21 Commission.
123-22 (9) "Compensation fund" means the unemployment
123-23 compensation fund.
123-24 (10) "Contribution" means a tax payment under this
123-25 subtitle to the compensation fund.
123-26 (11) "Employing unit" means a person who, after
123-27 January 1, 1936, has employed an individual to perform services for
124-1 the person in this state.
124-2 (12) "Employment office" means a free public
124-3 employment office operated by this state or maintained as a part of
124-4 a state-controlled system of public employment offices. The term
124-5 includes a branch office.
124-6 (13) "Initial claim" means a notice filed under
124-7 Section 208.001(a) to establish a benefit year by an individual who
124-8 does not have a benefit year in effect at the time the notice was
124-9 filed.
124-10 (14) "Institution of higher education" means:
124-11 (A) a college or university in this state; or
124-12 (B) a public or other nonprofit educational
124-13 institution that:
124-14 (i) admits as regular students only
124-15 individuals with a certificate of graduation or equivalent
124-16 credentials;
124-17 (ii) is legally authorized to provide an
124-18 educational program beyond high school; and
124-19 (iii) provides an educational program:
124-20 (a) for which the institution awards
124-21 a bachelor's or higher degree;
124-22 (b) that is acceptable for full
124-23 credit toward a bachelor's or higher degree; or
124-24 (c) that trains a student for the
124-25 gainful practice of a recognized occupation.
124-26 (15) "Reimbursement" means a payment made in
124-27 accordance with Chapter 205.
125-1 (16) "Reimbursing employer" means an employer making
125-2 payments in accordance with Chapter 205.
125-3 (17) "State" means a state of the United States,
125-4 Puerto Rico, the District of Columbia, or the Virgin Islands.
125-5 (18) "Taxed employer" means an employer who pays a
125-6 contribution under this subtitle.
125-7 (19) "United States" includes, in a geographic
125-8 context, each state.
125-9 (20) "Valid claim" means a claim filed by an
125-10 unemployed individual who has received the wages necessary to
125-11 qualify for benefits.
125-12 (21) "Week" means seven consecutive calendar days as
125-13 prescribed by the commission. (V.A.C.S. Arts. 5221b-5(c)(2)(A)
125-14 (part); 5221b-5a(a) (part); 5221b-17(a), (b), (c), (d), (e) (part),
125-15 (g)(3)(F), (h), (i), (k), (m), (o), (p).)
125-16 Sec. 201.012. DEFINITION OF MISCONDUCT. (a) "Misconduct"
125-17 means mismanagement of a position of employment by action or
125-18 inaction, neglect that jeopardizes the life or property of another,
125-19 intentional wrongdoing or malfeasance, intentional violation of a
125-20 law, or violation of a policy or rule adopted to ensure the orderly
125-21 work and the safety of employees.
125-22 (b) The term "misconduct" does not include an act in
125-23 response to an unconscionable act of an employer or superior.
125-24 (V.A.C.S. Art. 5221b-17(q).)
125-25 (Sections 201.013-201.020 reserved for expansion)
125-26 SUBCHAPTER C. DEFINITION OF EMPLOYER
125-27 Sec. 201.021. GENERAL DEFINITION OF EMPLOYER. (a) In this
126-1 subtitle, "employer" means an employing unit that:
126-2 (1) paid wages of $1,500 or more during a calendar
126-3 quarter in the current or preceding calendar year; or
126-4 (2) employed at least one individual in employment for
126-5 a portion of at least one day during 20 or more different calendar
126-6 weeks of the current or preceding calendar year.
126-7 (b) The definition provided by this section does not apply
126-8 to an employing unit covered by Section 201.023 or to farm and
126-9 ranch labor covered by Section 201.028.
126-10 (c) An individual who performs a service in this state for
126-11 an employing unit that maintains two or more separate
126-12 establishments in this state is employed by a single employing unit
126-13 for purposes of this subtitle. (V.A.C.S. Arts. 5221b-17(e) (part),
126-14 (f)(1).)
126-15 Sec. 201.022. EFFECT OF BUSINESS ACQUISITION. In this
126-16 subtitle, "employer" also means an individual or employing unit
126-17 that acquires the organization, trade, or business of another, or
126-18 substantially all of the assets of an organization, trade, or
126-19 business of another, that was an employer subject to this subtitle
126-20 at the time of the acquisition. (V.A.C.S. Art. 5221b-17(f)(2).)
126-21 Sec. 201.023. TAX-EXEMPT NONPROFIT ORGANIZATION. In this
126-22 subtitle, "employer" also means an employing unit that:
126-23 (1) is a nonprofit organization under Section
126-24 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
126-25 501(c)(3));
126-26 (2) is exempt from income tax under Section 501(a),
126-27 Internal Revenue Code of 1986 (26 U.S.C. Section 501(a)); and
127-1 (3) employed at least four individuals in employment
127-2 for a portion of at least one day during 20 or more different
127-3 calendar weeks during the current year or during the preceding
127-4 calendar year. (V.A.C.S. Art. 5221b-17(f)(3).)
127-5 Sec. 201.024. ELECTION TO BE EMPLOYER. In this subtitle,
127-6 "employer" also means an employing unit that has elected to become
127-7 an employer under Section 205.001, 205.002, 206.002, or 206.003.
127-8 (V.A.C.S. Art. 5221b-17(f)(4).)
127-9 Sec. 201.025. EMPLOYER UNDER FEDERAL LAW. In this subtitle,
127-10 "employer" also means:
127-11 (1) an employing unit that is liable for the payment
127-12 of taxes under the Federal Unemployment Tax Act (26 U.S.C. Section
127-13 3301 et seq.) for the current calendar year; or
127-14 (2) an employing unit that the Federal Unemployment
127-15 Tax Act (26 U.S.C. Section 3301 et seq.) requires to be an
127-16 employer under this subtitle as a condition for approval of this
127-17 subtitle for full tax credit against the tax imposed by the Federal
127-18 Unemployment Tax Act. (V.A.C.S. Arts. 5221b-17(f)(5), (7).)
127-19 Sec. 201.026. STATE; POLITICAL SUBDIVISION. In this
127-20 subtitle, "employer" also means a state, a political subdivision of
127-21 a state, or an instrumentality of a state or political subdivision
127-22 of a state that is wholly owned by one or more states or political
127-23 subdivisions of one or more states. (V.A.C.S. Art.
127-24 5221b-17(f)(6).)
127-25 Sec. 201.027. EMPLOYER OF DOMESTIC SERVICE WORKER. (a) In
127-26 this subtitle, "employer" also means an employing unit that paid
127-27 cash wages of $1,000 or more during a calendar quarter in the
128-1 current or preceding calendar year for domestic service in a
128-2 private home, local college club, or local chapter of a college
128-3 fraternity or sorority.
128-4 (b) An employer under this section is not an employer for
128-5 wages paid for a service other than domestic service unless the
128-6 employer is treated as an employer for that service under another
128-7 provision of this subtitle. (V.A.C.S. Art. 5221b-17(f)(9).)
128-8 Sec. 201.028. EMPLOYER OF FARM AND RANCH LABORER. (a) In
128-9 this subtitle, "employer" also means an employing unit that paid
128-10 wages for, or employed individuals in, farm and ranch labor in
128-11 accordance with this section, Section 201.047, or Section 204.009.
128-12 (b) In this section, an employer shall not be treated as an
128-13 employer for wages paid for a service other than service performed
128-14 by:
128-15 (1) a seasonal worker employed on a truck farm,
128-16 orchard, or vineyard;
128-17 (2) a farm and ranch laborer who is a migrant worker;
128-18 or
128-19 (3) a seasonal worker who:
128-20 (A) works for a farmer, ranch operator, or labor
128-21 agent who employs migrant workers; and
128-22 (B) does the same work at the same time and
128-23 location as the migrant workers.
128-24 (c) Subsection (b) does not apply if the employer is an
128-25 employer with respect to farm and ranch labor performed under
128-26 Section 201.047(a)(4). (V.A.C.S. Art. 5221b-17(f)(8)(E) (part).)
128-27 (Sections 201.029-201.040 reserved for expansion)
129-1 SUBCHAPTER D. DEFINITION OF EMPLOYMENT
129-2 Sec. 201.041. GENERAL DEFINITION OF EMPLOYMENT. In this
129-3 subtitle, "employment" means a service, including service in
129-4 interstate commerce, performed by an individual for wages or under
129-5 an express or implied contract of hire, unless it is shown to the
129-6 satisfaction of the commission that the individual's performance of
129-7 the service has been and will continue to be free from control or
129-8 direction under the contract and in fact.
129-9 (V.A.C.S. Art. 5221b-17(g)(1) (part).)
129-10 Sec. 201.042. SERVICE OF DRIVER OR SALESMAN. In this
129-11 subtitle, "employment" includes service:
129-12 (1) as an agent-driver or commission-driver who
129-13 delivers a meat product, vegetable product, fruit product, bakery
129-14 product, laundry, dry cleaning, or beverage except milk, if:
129-15 (A) the service is performed for remuneration;
129-16 (B) the employment contract provides that the
129-17 individual personally performs substantially all of the service;
129-18 (C) the individual performing the service does
129-19 not have a substantial investment in a facility used in the
129-20 performance of the service, other than in a facility for
129-21 transportation; and
129-22 (D) the service is part of a continuing
129-23 relationship with the principal and is not a single transaction; or
129-24 (2) of a traveling or city salesman, except as
129-25 provided in Section 201.070, an agent-driver, or a
129-26 commission-driver, who, on a full-time basis, obtains for the
129-27 individual's principal, except for sideline sales activities for
130-1 another person, orders from a wholesaler, retailer, contractor, or
130-2 operator of a hotel, restaurant, or similar establishment for
130-3 merchandise for resale or supplies for use in the business's
130-4 operation if:
130-5 (A) the employment contract provides that the
130-6 individual personally performs substantially all of the service;
130-7 (B) the individual does not have a substantial
130-8 investment in a facility used in the performance of the service,
130-9 except a facility for transportation; and
130-10 (C) the service is part of a continuing
130-11 relationship with the principal and is not a single transaction.
130-12 (V.A.C.S. Art. 5221b-17(g)(1) (part).)
130-13 Sec. 201.043. LOCATION OF SERVICE. (a) In this subtitle,
130-14 "employment" includes service performed in this state or in and
130-15 outside this state if:
130-16 (1) the service is localized in this state; or
130-17 (2) the service is not localized in this state and
130-18 some of the service is performed in this state and:
130-19 (A) the base of operations is in this state, or
130-20 there is no base of operations, but the service is directed or
130-21 controlled from this state; or
130-22 (B) the base of operations or place from which
130-23 service is directed or controlled is not in a state in which a part
130-24 of the service is performed, and the residence of the person who
130-25 performs the service is in this state.
130-26 (b) In this subtitle, "employment" includes service
130-27 performed anywhere in the United States, including service
131-1 performed entirely outside this state, if:
131-2 (1) the service is not localized in a state;
131-3 (2) the service is performed by an individual who is
131-4 one of a class of employees who are required to travel outside this
131-5 state in performance of their duties; and
131-6 (3) the individual's base of operations is in this
131-7 state or, if there is no base of operations, the individual's
131-8 service is directed or controlled from this state.
131-9 (c) In this subtitle, "employment" includes service
131-10 performed entirely outside this state that is not included as
131-11 employment under Subsection (b) or Section 201.045 and for which
131-12 contributions are not required and paid under an unemployment
131-13 compensation law of another state if:
131-14 (1) the individual performing the service is a
131-15 resident of this state; and
131-16 (2) the commission approves the election of the
131-17 employing unit for which the individual performs the service that
131-18 the entire service of the individual is employment under this
131-19 subtitle.
131-20 (d) In this subtitle, "employment" includes service
131-21 performed after 1971 outside the United States by a citizen of the
131-22 United States as an employee of an American employer, if:
131-23 (1) the service was not performed in a contiguous
131-24 country with which the United States has an agreement relating to
131-25 unemployment compensation;
131-26 (2) the service is not considered employment under
131-27 Subsection (b) or (c) or Section 201.044 or 201.045 or the parallel
132-1 provisions of another state's law; and
132-2 (3) the employer:
132-3 (A) has its principal place of business in the
132-4 United States in this state;
132-5 (B) does not have a place of business in the
132-6 United States and is:
132-7 (i) an individual who is a resident of
132-8 this state;
132-9 (ii) a corporation that is organized under
132-10 the laws of this state; or
132-11 (iii) a partnership or a trust and the
132-12 number of partners or trustees who are residents of this state is
132-13 greater than the number who are residents of any one other state;
132-14 (C) has elected coverage in this state; or
132-15 (D) has failed to elect coverage in any state
132-16 and the individual has filed a claim for benefits based on the
132-17 service under the laws of this state.
132-18 (e) In this section, "American employer" means:
132-19 (1) an individual who is a resident of the United
132-20 States;
132-21 (2) a partnership, if two-thirds or more of the
132-22 partners are residents of the United States;
132-23 (3) a trust, if all of the trustees are residents of
132-24 the United States; or
132-25 (4) a corporation organized under the laws of the
132-26 United States or of a state.
132-27 (f) For the purposes of Subsection (b), service is localized
133-1 in a state if the service is performed entirely within the state or
133-2 the service performed outside the state is incidental to the
133-3 service performed in the state. In this section, a service that is
133-4 "incidental" includes a service that is temporary or that consists
133-5 of isolated transactions.
133-6 (g) If this state is the state of jurisdiction for services
133-7 covered as employment under Subsection (d), the employer shall so
133-8 notify its employees. (V.A.C.S. Arts. 5221b-17(g)(2), (3)(A), (D),
133-9 (E), (G), (4).)
133-10 Sec. 201.044. SERVICE UNDER RECIPROCAL AGREEMENT. In this
133-11 subtitle, "employment" includes service that is performed by an
133-12 individual and that is covered by a reciprocal agreement under this
133-13 subtitle between the commission and the agency that administers
133-14 another state's or a federal unemployment compensation law if:
133-15 (1) under the agreement all service performed by the
133-16 individual for an employing unit is considered to be performed
133-17 entirely in this state; and
133-18 (2) the commission approves an election of the
133-19 employing unit for whom the service is performed under which the
133-20 entire service of the individual is considered employment subject
133-21 to this subtitle during the period covered by the election.
133-22 (V.A.C.S. Art. 5221b-17(g)(3)(B).)
133-23 Sec. 201.045. SERVICE ON VESSEL OR AIRCRAFT. In this
133-24 subtitle, "employment" includes service performed on or in
133-25 connection with an American vessel or aircraft if:
133-26 (1) the service is employment under Section 3306(c),
133-27 Internal Revenue Code of 1986 (26 U.S.C. Section 3306(c)); and
134-1 (2) the operating office from which the vessel or
134-2 aircraft is ordinarily and regularly directed and controlled is in
134-3 this state. (V.A.C.S. Art. 5221b-17(g)(3)(C).)
134-4 Sec. 201.046. EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT. (a)
134-5 An individual employed to perform or to assist in performing the
134-6 work of an employee or agent of an employing unit is employed by
134-7 that employing unit for purposes of this subtitle if the employing
134-8 unit has actual or constructive knowledge of the work.
134-9 (b) Subsection (a) applies without regard to whether the
134-10 individual is hired or paid directly by the employing unit or by
134-11 the employee or agent. (V.A.C.S. Art. 5221b-17(e) (part).)
134-12 Sec. 201.047. FARM AND RANCH LABOR AS EMPLOYMENT. (a) Farm
134-13 and ranch labor is employment for the purposes of this subtitle if
134-14 the labor:
134-15 (1) is performed by a seasonal worker employed on a
134-16 truck farm, orchard, or vineyard;
134-17 (2) is performed by a migrant worker;
134-18 (3) is performed by a seasonal worker who:
134-19 (A) is working for a farmer, ranch operator, or
134-20 labor agent who employs a migrant worker; and
134-21 (B) is doing the same work at the same time and
134-22 location as the migrant worker;
134-23 (4) performed after 1986 and the laborer is employed
134-24 by an employing unit that:
134-25 (A) pays wages in cash of $6,250 or more for the
134-26 labor during a calendar quarter in the calendar year in which the
134-27 labor is performed or the calendar year preceding that year; or
135-1 (B) employs three or more individuals in farm
135-2 and ranch labor for a portion of at least one day during at least
135-3 20 different calendar weeks of the calendar year in which the labor
135-4 is performed or the calendar year preceding that year.
135-5 (b) Wages paid for services described in Subdivision (a)(1),
135-6 (2), or (3) are included in determining the wages paid for the
135-7 purposes of Subdivisions (a)(4) and (5). (V.A.C.S. Arts.
135-8 5221b-17(f)(8)(A)(ii), (B), (C), (E) (part).)
135-9 (Sections 201.048-201.060 reserved for expansion)
135-10 SUBCHAPTER E. EXCEPTIONS TO EMPLOYMENT
135-11 Sec. 201.061. SERVICE ELIGIBLE UNDER ACT OF CONGRESS. In
135-12 this subtitle, "employment" does not include service for which
135-13 unemployment compensation is payable under an unemployment
135-14 compensation system established by an Act of Congress.
135-15 (V.A.C.S. Art. 5221b-17(g)(5)(A) (part).)
135-16 Sec. 201.062. SERVICE UNDER ARRANGEMENT WITH AGENCY. In
135-17 this subtitle, "employment" does not include service under an
135-18 arrangement that is between the commission and the agency that
135-19 administers another state's or a federal unemployment compensation
135-20 law and that considers the service for an employing unit during the
135-21 period covered by the employing unit's approved election to be
135-22 performed entirely within the agency's state or under the federal
135-23 law. (V.A.C.S. Art. 5221b-17(g)(5)(L).)
135-24 Sec. 201.063. CERTAIN GOVERNMENT SERVICE. (a) In this
135-25 subtitle, "employment" does not include:
135-26 (1) service in the employ of a political subdivision
135-27 or of an instrumentality of a political subdivision that is wholly
136-1 owned by one or more political subdivisions:
136-2 (A) as an elected official;
136-3 (B) as a member of a legislative body;
136-4 (C) as a member of the judiciary;
136-5 (D) as a temporary employee in case of fire,
136-6 storm, snow, earthquake, flood, or similar emergency; or
136-7 (E) in a position that is designated under law
136-8 as a major nontenured policy-making or advisory position or a
136-9 policy-making or advisory position that ordinarily does not require
136-10 more than eight hours of service each week;
136-11 (2) service in the employ of a foreign government,
136-12 including service as a consular or other officer or employee or as
136-13 a nondiplomatic representative;
136-14 (3) service in the employ of an instrumentality wholly
136-15 owned by a foreign government if:
136-16 (A) the service is similar to service performed
136-17 in a foreign country by an employee of the United States government
136-18 or an instrumentality of that government; and
136-19 (B) the United States secretary of state has
136-20 certified to the United States secretary of the treasury that the
136-21 foreign government grants an equivalent exemption for similar
136-22 services performed in the foreign country by an employee of the
136-23 United States government or an instrumentality of the United States
136-24 government; or
136-25 (4) service in the employ of the United States
136-26 government or an instrumentality of the United States exempt under
136-27 the United States Constitution from the contributions imposed by
137-1 this subtitle.
137-2 (b) To the extent the United States Congress permits a state
137-3 to require an instrumentality of the United States to make payments
137-4 into an unemployment fund under a state unemployment compensation
137-5 law, this subtitle applies to the instrumentality and to the
137-6 service performed for the instrumentality.
137-7 (V.A.C.S. Arts. 5221b-17(g)(5)(F), (G), (H), (M) (part).)
137-8 Sec. 201.064. DOMESTIC SERVICE. In this subtitle,
137-9 "employment" does not include domestic service in a private home,
137-10 local college club, or local chapter of a college fraternity or
137-11 sorority, except as performed for an employer under Section
137-12 201.027. (V.A.C.S. Art. 5221b-17(g)(5)(C).)
137-13 Sec. 201.065. SERVICE BY RELATIVE. In this subtitle,
137-14 "employment" does not include:
137-15 (1) service of an individual in the employ of the
137-16 individual's son, daughter, or spouse; or
137-17 (2) service of an individual younger than 21 years of
137-18 age in the employ of the individual's father or mother.
137-19 (V.A.C.S. Art. 5221b-17(g)(5)(D).)
137-20 Sec. 201.066. RELIGIOUS SERVICE. In this subtitle,
137-21 "employment" does not include:
137-22 (1) service in the employ of:
137-23 (A) a church;
137-24 (B) a convention or association of churches; or
137-25 (C) an organization that is operated primarily
137-26 for religious purposes and that is operated, supervised,
137-27 controlled, or principally supported by a church or a convention or
138-1 association of churches;
138-2 (2) service performed by an ordained, commissioned, or
138-3 licensed minister of a church in the exercise of the individual's
138-4 ministry; or
138-5 (3) service performed by a member of a religious order
138-6 as required by the order. (V.A.C.S. Arts. 5221b-17(g)(5)(E), (N).)
138-7 Sec. 201.067. REHABILITATIVE SERVICE; WORK RELIEF. In this
138-8 subtitle, "employment" does not include:
138-9 (1) service performed by an individual receiving
138-10 rehabilitative or paying work in the employ of a facility that is
138-11 conducted for the purpose of carrying out a program of
138-12 rehabilitation for individuals whose earning capacity is impaired
138-13 by age, physical or mental deficiency or injury or that provides
138-14 paying work for individuals who, because of their impaired physical
138-15 or mental capacity, cannot be readily absorbed in the competitive
138-16 labor market; or
138-17 (2) service performed as a part of an unemployment
138-18 work-relief or work-training program assisted or financed in whole
138-19 or in part by a federal agency, an agency of a state, or a
138-20 political subdivision of a state by an individual receiving the
138-21 work relief or work training. (V.A.C.S. Arts. 5221b-17(g)(5)(P),
138-22 (Q).)
138-23 Sec. 201.068. SERVICE IN HOSPITAL. In this subtitle,
138-24 "employment" does not include:
138-25 (1) service as a student nurse who is:
138-26 (A) employed by a hospital or a nurses' training
138-27 school; and
139-1 (B) enrolled and regularly attending classes in
139-2 a nurses' training school chartered or approved under state law;
139-3 (2) service as an intern in the employ of a hospital
139-4 by an individual who has completed a four-year course in a medical
139-5 school chartered or approved under state law; or
139-6 (3) service in the employ of a hospital by a patient
139-7 of the hospital. (V.A.C.S. Arts. 5221b-17(g)(5)(I), (U).)
139-8 Sec. 201.069. SERVICE OF STUDENT. In this subtitle,
139-9 "employment" does not include:
139-10 (1) service performed in the employ of a school,
139-11 college, or university by a student who is enrolled and regularly
139-12 attending classes at the school, college, or university;
139-13 (2) service performed by an individual who is enrolled
139-14 as a student in a full-time program that combines academic
139-15 instruction with work experience and that is taken for credit at a
139-16 nonprofit or public educational institution normally maintaining a
139-17 regular faculty and curriculum and having a regularly organized
139-18 body of students in attendance at the place where its educational
139-19 activities are conducted, if the service is an integral part of the
139-20 program, and the institution has so certified to the employing
139-21 unit, except:
139-22 (A) service performed in a program established
139-23 for an employer or a group of employers;
139-24 (B) service in an apprenticeship training
139-25 program; or
139-26 (C) service performed by a teaching assistant;
139-27 or
140-1 (3) service by a student in the employ of an organized
140-2 camp if:
140-3 (A) the camp:
140-4 (i) did not operate for more than seven
140-5 months in the current calendar year and did not operate for more
140-6 than seven months in the preceding calendar year; or
140-7 (ii) had average gross receipts for any
140-8 six months in the preceding calendar year that were not more than
140-9 33-1/3 percent of its average gross receipts for the other six
140-10 months in the preceding calendar year; and
140-11 (B) the student performed services for the camp
140-12 for fewer than 13 calendar weeks in the calendar year and the
140-13 student:
140-14 (i) is enrolled as a full-time student at
140-15 an educational institution; or
140-16 (ii) is between academic terms or years
140-17 and:
140-18 (a) the student was enrolled as a
140-19 full-time student at an educational institution for the preceding
140-20 academic term or year; and
140-21 (b) there is reasonable assurance
140-22 that the student will be so enrolled for the next academic term or
140-23 year. (V.A.C.S. Arts. 5221b-17(g)(5)(S), (T), (X).)
140-24 Sec. 201.070. SERVICE AS PRODUCT DEMONSTRATOR; SALESMAN. In
140-25 this subtitle, "employment" does not include:
140-26 (1) service by an individual as a product demonstrator
140-27 if:
141-1 (A) the service is performed under a written
141-2 contract between the individual performing the service and a person
141-3 whose principal business is obtaining the service of a demonstrator
141-4 for a third person for product demonstration purposes; and
141-5 (B) in contract and in fact the individual:
141-6 (i) is not treated as an employee with
141-7 respect to that service for federal unemployment tax purposes;
141-8 (ii) is compensated for each demonstration
141-9 or is compensated based on factors that relate to the work
141-10 performed;
141-11 (iii) determines the method of performing
141-12 the service;
141-13 (iv) provides each vehicle used to perform
141-14 the service;
141-15 (v) is responsible for the completion of a
141-16 specific job and is liable for failure to complete the job;
141-17 (vi) may accept or reject a job from a
141-18 product demonstrator business;
141-19 (vii) is free from control by the
141-20 principal business as to where the individual works;
141-21 (viii) controls solely opportunity for
141-22 profit or loss; and
141-23 (ix) pays all expenses and operating
141-24 costs, including fuel, repairs, supplies, and motor vehicle
141-25 insurance;
141-26 (2) service by an individual as a direct seller if:
141-27 (A) the individual is engaged in the business
142-1 of:
142-2 (i) in-person sales of consumer products
142-3 to a buyer on a buy-sell basis, a deposit-commission basis, or a
142-4 similar basis for resale in a home or in a place other than, and
142-5 not affiliated with, a permanent retail establishment; or
142-6 (ii) sales of consumer products in a home
142-7 or in a place other than, and not affiliated with, a permanent
142-8 retail establishment;
142-9 (B) substantially all remuneration for the
142-10 service, whether in cash or other form of payment, is directly
142-11 related to sales or other output, including the performance of the
142-12 service, and not to the number of hours worked; and
142-13 (C) the service is performed under a written
142-14 contract between the individual and the person for whom the service
142-15 is performed, and the contract provides that the individual is not
142-16 treated as an employee with respect to the service for federal tax
142-17 purposes; or
142-18 (3) service performed by an individual at a trade
142-19 market for a wholesaler or sales representative of a wholesaler or
142-20 manufacturer of consumer goods under a written contract, or as a
142-21 salesman for a wholesaler of consumer goods, if the wholesaler or
142-22 sales representative maintains a regular or seasonal place of
142-23 business at a trade market facility in a municipality with a
142-24 population of more than 750,000. (V.A.C.S. Arts.
142-25 5221b-17(g)(5)(B), (W), (BB).)
142-26 Sec. 201.071. SERVICE AS INSURANCE AGENT. In this subtitle,
142-27 "employment" does not include service as an insurance agent for
143-1 which the only remuneration for the service is a commission.
143-2 (V.A.C.S. Arts. 5221b-17(g)(5)(J).)
143-3 Sec. 201.072. SERVICE AS REAL ESTATE BROKER. In this
143-4 subtitle, "employment" does not include:
143-5 (1) service performed by an individual as a real
143-6 estate broker or salesman if:
143-7 (A) the individual engages in activity described
143-8 by the definition of "real estate broker" in Section 2, The Real
143-9 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes);
143-10 (B) the individual is licensed as a real estate
143-11 broker or salesman by the Texas Real Estate Commission;
143-12 (C) substantially all remuneration for the
143-13 service, whether in cash or other form of payment, is directly
143-14 related to sales or other output, including the performance of the
143-15 service, and not to the number of hours worked; and
143-16 (D) the service is performed under a written
143-17 contract between the individual and the person for whom the service
143-18 is performed, and the contract provides that the individual is not
143-19 treated as an employee with respect to the service for federal tax
143-20 purposes; or
143-21 (2) service performed by an individual as an
143-22 instructor of a person licensed or seeking a license as a real
143-23 estate broker or salesman if:
143-24 (A) the individual instructs in an educational
143-25 program or course approved by the Texas Real Estate Commission; and
143-26 (B) the service is performed under a written
143-27 contract between the individual and the person for whom the service
144-1 is performed and the contract provides that the individual is not
144-2 treated as an employee with respect to the service for federal tax
144-3 purposes. (V.A.C.S. Arts. 5221b-17(g)(5)(Y), (Z).)
144-4 Sec. 201.073. DELIVERY SERVICE; NEWSPAPER DELIVERY SERVICE.
144-5 In this subtitle, "employment" does not include:
144-6 (1) service performed for compensation by an
144-7 individual for a private for-profit delivery service that operates
144-8 only in a commercial zone as defined and prescribed by the Railroad
144-9 Commission of Texas under Section 1(g), Chapter 314, Acts of the
144-10 41st Legislature, Regular Session, 1929 (Article 911b, Vernon's
144-11 Texas Civil Statutes), if the individual:
144-12 (A) may accept or reject a job from the delivery
144-13 service;
144-14 (B) is free from control by the delivery service
144-15 as to when the individual works;
144-16 (C) is compensated for each delivery or is
144-17 compensated based on factors relating to the work performed,
144-18 including receipt of a percentage of a rate schedule;
144-19 (D) retains the opportunity for profit or loss;
144-20 (E) pays all expenses, including fuel, repairs,
144-21 supplies, and motor vehicle insurance;
144-22 (F) determines the method of performing the
144-23 service, including selection of routes and order of deliveries;
144-24 (G) is responsible for completion of a specific
144-25 job and is liable for failure to complete the job;
144-26 (H) enters into a contract that specifies the
144-27 relationship of the individual to the delivery service to be that
145-1 of an independent contractor and not an employee; and
145-2 (I) provides the vehicle used to perform the
145-3 service; or
145-4 (2) service by an individual younger than 18 years of
145-5 age in the delivery or distribution of newspapers or shopping news,
145-6 except delivery or distribution to any location for subsequent
145-7 delivery or distribution. (V.A.C.S. Arts. 5221b-17(g)(5)(K),
145-8 (AA).)
145-9 Sec. 201.074. SERVICE BY INMATE. In this subtitle,
145-10 "employment" does not include service performed by an inmate of a
145-11 custodial or penal institution that is owned or operated by this
145-12 state or a political subdivision of this state.
145-13 (V.A.C.S. Art. 5221b-17(g)(5)(R).)
145-14 Sec. 201.075. SERVICE ON FISHING VESSEL. In this subtitle,
145-15 "employment" does not include service performed on a fishing vessel
145-16 normally having a crew of fewer than 10 members if:
145-17 (1) the crew member's payment is a share of the catch;
145-18 and
145-19 (2) the service is not employment under the Federal
145-20 Unemployment Tax Act (26 U.S.C. Section 3301 et seq.).
145-21 (V.A.C.S. Art. 5221b-17(g)(5)(V).)
145-22 Sec. 201.076. INCLUDED AND EXCLUDED SERVICE IN PAY PERIOD.
145-23 (a) All of the service of an individual performed during a pay
145-24 period for a person employing the individual is employment if the
145-25 service performed during one-half or more of the period is
145-26 employment.
145-27 (b) None of the service of an individual performed during a
146-1 pay period for a person employing the individual is employment if
146-2 the service performed during more than one-half of the pay period
146-3 is not employment.
146-4 (c) This section does not apply to service performed in a
146-5 pay period by an individual for a person employing the individual
146-6 that is service that does not constitute employment under Section
146-7 201.061.
146-8 (d) In this section, "pay period" means the period, not to
146-9 exceed 31 consecutive days, for which a person employing an
146-10 individual ordinarily pays wages to the individual.
146-11 (V.A.C.S. Art. 5221b-17(g)(6).)
146-12 (Sections 201.077-201.080 reserved for expansion)
146-13 SUBCHAPTER F. DEFINITION OF WAGES
146-14 Sec. 201.081. GENERAL DEFINITION OF WAGES. In this
146-15 subtitle, "wages" means all remuneration for personal services,
146-16 including:
146-17 (1) the cash value of remuneration paid in a medium
146-18 other than cash; and
146-19 (2) a gratuity received by an employee in the course
146-20 of employment to the extent that the gratuity is considered wages
146-21 in the computation of taxes under the Federal Unemployment Tax Act
146-22 (26 U.S.C. Section 3301 et seq.). (V.A.C.S. Art. 5221b-17(n)
146-23 (part).)
146-24 Sec. 201.082. EXCEPTIONS TO WAGES. In this subtitle,
146-25 "wages" does not include:
146-26 (1) that part of the remuneration paid by an employer
146-27 to an individual for employment during a calendar year that exceeds
147-1 remuneration to the individual, excluding remuneration under
147-2 another subdivision of this section, by the employer, of:
147-3 (A) $7,000 for a calendar year before 1988;
147-4 (B) $8,000 for calendar year 1988; or
147-5 (C) $9,000 for a calendar year after calendar
147-6 year 1988;
147-7 (2) a payment, including an amount the employer pays
147-8 for insurance or an annuity or pays into a fund for the payment of
147-9 insurance or an annuity, that is made to or for an employee or the
147-10 employee's dependent under a plan the employer established for
147-11 employees generally, or a class of employees, including or
147-12 excluding the employee's dependents, for:
147-13 (A) retirement;
147-14 (B) sickness or accident disability;
147-15 (C) medical or hospitalization expenses in
147-16 connection with sickness or accident disability; or
147-17 (D) expenses related to death;
147-18 (3) a payment made to an individual employee for
147-19 retirement, including an amount an employer pays for insurance or
147-20 an annuity or pays into a fund for the payment of insurance or an
147-21 annuity;
147-22 (4) a payment for sickness or accident disability, or
147-23 medical or hospitalization expenses for sickness or accident
147-24 disability, an employer makes to or for an individual employee
147-25 after the expiration of six calendar months after the last calendar
147-26 month the employee worked for the employer;
147-27 (5) a payment made to or for an employee or the
148-1 employee's beneficiary:
148-2 (A) from or to a trust defined by Section
148-3 401(a), Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)),
148-4 that is exempt from tax under Section 501(a), Internal Revenue Code
148-5 of 1986 (26 U.S.C. Section 501(a)), at the time of payment, unless
148-6 the payment is made to an employee of the trust as remuneration for
148-7 service as an employee and not as a beneficiary of the trust;
148-8 (B) under or to an annuity plan that, at the
148-9 time of the payment, is a plan described by Section 403(a),
148-10 Internal Revenue Code of 1986 (26 U.S.C. Section 403(a)); or
148-11 (C) under or to a bond purchase plan that, at
148-12 the time of the payment, was a qualified bond purchase plan under
148-13 Section 405(a), Internal Revenue Code of 1954 (former 26 U.S.C.
148-14 Section 405(a));
148-15 (6) a tax an employer pays, without deduction from the
148-16 remuneration of the employee, that is imposed on the employee under
148-17 Section 3101, Internal Revenue Code of 1986 (26 U.S.C. Section
148-18 3101);
148-19 (7) noncash remuneration paid to an employee for
148-20 service not in the course of the employer's business;
148-21 (8) a payment, except vacation or sick pay, made to an
148-22 employee after the month the employee is 65 years of age, if the
148-23 employee did not work for the employer in the period for which the
148-24 payment is made; or
148-25 (9) the part of remuneration from a single employer
148-26 for services in a calendar year that exceeds the amount applicable
148-27 to the year under Subdivision (1) for which contributions have been
149-1 paid under a state unemployment law. (V.A.C.S. Art. 5221b-17(n)
149-2 (part).)
149-3 (Sections 201.083-201.090 reserved for expansion)
149-4 SUBCHAPTER G. TOTAL AND PARTIAL UNEMPLOYMENT
149-5 Sec. 201.091. TOTAL AND PARTIAL UNEMPLOYMENT. (a) An
149-6 individual is totally unemployed in a benefit period during which
149-7 the individual does not perform services for wages in excess of the
149-8 greater of:
149-9 (1) $5; or
149-10 (2) 25 percent of the benefit amount.
149-11 (b) An individual is partially unemployed in a benefit
149-12 period of less than full-time work if the individual's wages
149-13 payable for that benefit period are less than the sum of:
149-14 (1) the benefit amount the individual would be
149-15 entitled to receive if the individual was totally unemployed; and
149-16 (2) the greater of:
149-17 (A) $5; or
149-18 (B) 25 percent of the benefit amount.
149-19 (V.A.C.S. Arts. 5221b-17(j), (l) (part).)
149-20 (Sections 201.092-201.100 reserved for expansion)
149-21 SUBCHAPTER H. CONFORMITY WITH FEDERAL STATUTES
149-22 Sec. 201.101. CONFORMITY WITH FEDERAL STATUTES. If the
149-23 United States secretary of labor holds that a provision of this
149-24 subtitle does not conform with a federal statute, the commission
149-25 may administer this subtitle to conform with the federal statute
149-26 until the legislature meets in its next session and has an
149-27 opportunity to amend this subtitle. (V.A.C.S. Art. 5221b-22e.)
150-1 CHAPTER 202. TEXAS EMPLOYMENT COMMISSION
150-2 SUBCHAPTER A. ORGANIZATION OF COMMISSION
150-3 Sec. 202.001. MEMBERSHIP REQUIREMENTS
150-4 Sec. 202.002. MEMBER RESTRICTIONS
150-5 Sec. 202.003. EFFECT OF LOBBYING ACTIVITY
150-6 Sec. 202.004. TERMS; VACANCY
150-7 Sec. 202.005. CHAIRMAN
150-8 Sec. 202.006. REMOVAL OF COMMISSION MEMBERS
150-9 (Sections 202.007-202.020 reserved for expansion)
150-10 SUBCHAPTER B. COMMISSION ADMINISTRATION
150-11 Sec. 202.021. DONATIONS
150-12 Sec. 202.022. AUDIT
150-13 Sec. 202.023. COMPLAINTS
150-14 Sec. 202.024. OFFICIAL SEAL; USE OF FACSIMILES
150-15 Sec. 202.025. STATE ADVISORY COUNCIL; LOCAL COUNCILS
150-16 (Sections 202.026-202.040 reserved for expansion)
150-17 SUBCHAPTER C. AGENCY ADMINISTRATOR AND PERSONNEL
150-18 Sec. 202.041. AGENCY ADMINISTRATOR; PERSONNEL
150-19 Sec. 202.042. ACCESS TO CERTAIN CRIMINAL HISTORY RECORD
150-20 INFORMATION; OFFENSE; PENALTY
150-21 Sec. 202.043. STANDARDS OF CONDUCT INFORMATION
150-22 (Sections 202.044-202.060 reserved for expansion)
150-23 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
150-24 Sec. 202.061. GENERAL POWERS AND DUTIES
150-25 Sec. 202.062. FINDINGS
150-26 Sec. 202.063. STATE AND FEDERAL COOPERATION
150-27 Sec. 202.064. INTERPRETER SERVICES; BILINGUAL FORMS
151-1 Sec. 202.065. ANNUAL REPORT
151-2 Sec. 202.066. PUBLICATIONS
151-3 (Sections 202.067-202.070 reserved for expansion)
151-4 SUBCHAPTER E. INVESTIGATIVE AND SUBPOENA POWERS
151-5 Sec. 202.071. INVESTIGATIVE AND SUBPOENA POWERS
151-6 Sec. 202.072. ENFORCEMENT OF SUBPOENA; OFFENSE; PENALTIES
151-7 Sec. 202.073. SELF-INCRIMINATION
151-8 Sec. 202.074. DEFAMATION
151-9 (Sections 202.075-202.080 reserved for expansion)
151-10 SUBCHAPTER F. EMPLOYMENT SERVICE
151-11 Sec. 202.081. TEXAS STATE EMPLOYMENT SERVICE
151-12 Sec. 202.082. EMPLOYMENT SERVICES AGREEMENTS
151-13 (Sections 202.083-202.090 reserved for expansion)
151-14 SUBCHAPTER G. RECORDS
151-15 Sec. 202.091. EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE;
151-16 PENALTY
151-17 Sec. 202.092. COPIES OF RECORDS
151-18 Sec. 202.093. ACCESS TO RECORDS BY RAILROAD RETIREMENT
151-19 BOARD
151-20 Sec. 202.094. DESTRUCTION OF RECORDS
151-21 CHAPTER 202. TEXAS EMPLOYMENT COMMISSION
151-22 SUBCHAPTER A. ORGANIZATION OF COMMISSION
151-23 Sec. 202.001. MEMBERSHIP REQUIREMENTS. (a) The Texas
151-24 Employment Commission is composed of three members:
151-25 (1) one of whom shall be a representative of labor;
151-26 (2) one of whom shall be a representative of
151-27 employers; and
152-1 (3) one of whom shall be impartial and shall represent
152-2 the public.
152-3 (b) The governor shall appoint the members and make the
152-4 appointments without regard to the race, creed, sex, religion, or
152-5 national origin of the appointees. (V.A.C.S. Arts. 5221b-8(a)
152-6 (part), (b) (part).)
152-7 Sec. 202.002. MEMBER RESTRICTIONS. (a) A member of the
152-8 commission may not engage in any other business, vocation, or
152-9 employment during the member's term on the commission.
152-10 (b) The public member of the commission may not be an
152-11 officer, employee, or paid consultant of a labor-oriented or
152-12 employer-oriented trade association while the member serves on the
152-13 commission. (V.A.C.S. Arts. 5221b-8(a) (part), (b) (part).)
152-14 Sec. 202.003. EFFECT OF LOBBYING ACTIVITY. A person who is
152-15 required to register as a lobbyist under Chapter 305, Government
152-16 Code, may not serve as a member of the commission or act as the
152-17 general counsel to the commission while so registered. If the
152-18 person ceases to engage in lobbying activity and files a notice of
152-19 termination as prescribed by Section 305.008, Government Code, the
152-20 person may serve as a member of the commission or act as the
152-21 general counsel to the commission. (V.A.C.S. Art. 5221b-8(c).)
152-22 Sec. 202.004. TERMS; VACANCY. (a) Members of the
152-23 commission are appointed for staggered six-year terms, with one
152-24 member's term expiring on February 1 of each odd-numbered year.
152-25 (b) A member appointed to fill a vacancy shall hold office
152-26 for the remainder of that term. (V.A.C.S. Art. 5221b-8(b) (part).)
152-27 Sec. 202.005. CHAIRMAN. The member representing the public
153-1 is the chairman of the commission. (V.A.C.S. Art. 5221b-8(d).)
153-2 Sec. 202.006. REMOVAL OF COMMISSION MEMBERS. (a) It is a
153-3 ground for removal from the commission by impeachment that a
153-4 member:
153-5 (1) during any 60-day period, is absent from each
153-6 commission meeting for which the member received at least 48 hours'
153-7 notice;
153-8 (2) is unable to discharge the member's duties for the
153-9 remainder of the term for which the member was appointed because of
153-10 illness or other disability; or
153-11 (3) violates a prohibition established by Section
153-12 202.002 or 202.003.
153-13 (b) The validity of an action of the commission is not
153-14 affected by the fact that it was taken when a ground for the
153-15 removal of a member of the commission existed. (V.A.C.S. Art.
153-16 5221b-8(h).)
153-17 (Sections 202.007-202.020 reserved for expansion)
153-18 SUBCHAPTER B. COMMISSION ADMINISTRATION
153-19 Sec. 202.021. DONATIONS. The commission may accept a
153-20 donation of services, money, or property from an organization
153-21 listed in Section 501(c)(3) of the Internal Revenue Code of 1986
153-22 (26 U.S.C. Section 501(c)(3)) that the commission determines
153-23 furthers the lawful objectives of the commission. The donation
153-24 must be accepted in an open meeting by a majority of the voting
153-25 members of the commission and must be reported in the public
153-26 records of the commission with the name of the donor and the
153-27 purpose of the donation. (V.A.C.S. Art. 5221b-9(q).)
154-1 Sec. 202.022. AUDIT. The financial transactions of the
154-2 commission are subject to audit by the state auditor in accordance
154-3 with Chapter 321, Government Code. (V.A.C.S. Art. 5221b-9(m).)
154-4 Sec. 202.023. COMPLAINTS. (a) The commission shall keep an
154-5 information file about each complaint filed with the commission
154-6 that relates to a service provided by the commission.
154-7 (b) If a written complaint is filed with the commission that
154-8 relates to a service provided by the commission, the commission, at
154-9 least quarterly and until final disposition of the complaint, shall
154-10 notify the parties to the complaint of the status of the complaint.
154-11 (V.A.C.S. Arts. 5221b-9(n), (o).)
154-12 Sec. 202.024. OFFICIAL SEAL; USE OF FACSIMILES. (a) The
154-13 commission has an official seal. A court shall take judicial
154-14 notice of the seal.
154-15 (b) The commission may execute, certify, authenticate, or
154-16 sign, with a facsimile signature and seal, any instrument
154-17 authorized under this subtitle to be issued by the commission or by
154-18 an authorized representative of the commission, including a claim,
154-19 statement, or audit report relating to the establishment or
154-20 collection of delinquent contributions or penalties. (V.A.C.S.
154-21 Arts. 5221b-9(a) (part), (p).)
154-22 Sec. 202.025. STATE ADVISORY COUNCIL; LOCAL COUNCILS. (a)
154-23 The commission may appoint a state advisory council composed of 15
154-24 persons representing employers, employees, and the public. Each
154-25 member of the commission may appoint five persons to the advisory
154-26 council.
154-27 (b) The advisory council shall meet regularly.
155-1 (c) As permitted by commission rule, a member of the
155-2 advisory council is entitled to reimbursement for necessary travel
155-3 and subsistence expenses and to a per diem allowance for attending
155-4 meetings of the council, but is not a state employee for any
155-5 purpose.
155-6 (d) The commission shall determine the composition and
155-7 prescribe the duties of the advisory council.
155-8 (e) The advisory council shall prepare an annual report
155-9 describing the advisory council's work during the preceding year
155-10 and detailing any recommendations.
155-11 (f) The commission may appoint and pay local advisory
155-12 councils and consultants under the same conditions as provided in
155-13 this section for the state advisory council. (V.A.C.S. Art.
155-14 5221b-8(e) (part).)
155-15 (Sections 202.026-202.040 reserved for expansion)
155-16 SUBCHAPTER C. AGENCY ADMINISTRATOR AND PERSONNEL
155-17 Sec. 202.041. AGENCY ADMINISTRATOR; PERSONNEL. (a) The
155-18 commission shall appoint an agency administrator on the basis of
155-19 merit to administer the daily operations of the commission and may
155-20 prescribe any specific qualifications for the position of agency
155-21 administrator that are necessary to comply with federal law. The
155-22 position of agency administrator is subject to the merit principles
155-23 of Chapter 492, Acts of the 69th Legislature, Regular Session, 1985
155-24 (Article 6252-11g, Vernon's Texas Civil Statutes).
155-25 (b) The agency administrator may:
155-26 (1) appoint and prescribe the powers and duties of all
155-27 officers, accountants, attorneys, experts, and other persons as
156-1 necessary in the performance of the commission's duties;
156-2 (2) delegate authority to a person appointed under
156-3 this section as the agency administrator considers reasonable and
156-4 proper for the effective administration of this subtitle; and
156-5 (3) bond any person that handles money or signs checks
156-6 under this subtitle.
156-7 (c) The agency administrator or a person designated by the
156-8 agency administrator shall develop a system of annual performance
156-9 evaluations based on measurable job tasks. All merit pay for
156-10 commission employees must be based on the system established under
156-11 this subsection. (V.A.C.S. Arts. 5221b-9(a) (part), (e).)
156-12 Sec. 202.042. ACCESS TO CERTAIN CRIMINAL HISTORY RECORD
156-13 INFORMATION; OFFENSE; PENALTY. (a) The commission may request and
156-14 receive criminal history record information maintained by the
156-15 Department of Public Safety, the Federal Bureau of Investigation
156-16 Identification Division, or another law enforcement agency to
156-17 investigate an applicant for employment in a security sensitive
156-18 position.
156-19 (b) The commission shall adopt a uniform method of obtaining
156-20 criminal history information that requires the commission to submit
156-21 to the Department of Public Safety or another law enforcement
156-22 agency either a complete set of fingerprints or the complete name,
156-23 driver's license number, and social security number of the person
156-24 being investigated. If the commission does not obtain relevant
156-25 information from state or local law enforcement agencies in
156-26 response to a submission under this subsection, the commission may
156-27 submit either the fingerprints or the required information to the
157-1 Federal Bureau of Investigation Identification Division.
157-2 (c) The commission may request an applicant for a security
157-3 sensitive position to provide either a complete set of fingerprints
157-4 or the applicant's complete name, driver's license number, and
157-5 social security number. The commission may deny employment in a
157-6 security sensitive position to an applicant who fails to provide
157-7 the requested fingerprints or information.
157-8 (d) All information received by the commission under this
157-9 section is privileged and confidential and is for the exclusive use
157-10 of the commission. The information may not be released or
157-11 otherwise disclosed to any other person except on court order or
157-12 with the written consent of the person being investigated.
157-13 (e) After the commission hires an applicant for a security
157-14 sensitive position, the commission shall seal the criminal history
157-15 record information regarding the applicant and shall deliver the
157-16 information to the custody of the agency administrator or the
157-17 person designated by the agency administrator, who shall maintain
157-18 the information as provided by commission rule. The commission
157-19 shall destroy the criminal history record information of an
157-20 applicant who is not hired.
157-21 (f) The commission shall adopt rules governing the custody
157-22 and use of information obtained under this section.
157-23 (g) The commission may use information obtained under this
157-24 section only to evaluate an applicant for employment in a security
157-25 sensitive position. A security sensitive position must be so
157-26 identified in the job description and in the announcement of the
157-27 position.
158-1 (h) In this section, "security sensitive position" means a
158-2 position of employment that requires as an incident of the
158-3 employment:
158-4 (1) the performance of duties in:
158-5 (A) the automated data processing, controller,
158-6 or fiscal department; or
158-7 (B) a position designated to handle receipts or
158-8 disbursements of cash in a local or regional office;
158-9 (2) access to a computer terminal, if the information
158-10 available from the terminal is required by law to be confidential;
158-11 (3) access to a master key for access to the premises
158-12 other than during regular working hours; or
158-13 (4) the performance of duties considered to be
158-14 security sensitive by the state auditor or the Inspector General of
158-15 the United States Department of Labor.
158-16 (i) A person commits an offense if the person releases or
158-17 discloses any information received under this section in violation
158-18 of Subsection (d). An offense under this subsection is a Class A
158-19 misdemeanor. (V.A.C.S. Art. 5221b-9e.)
158-20 Sec. 202.043. STANDARDS OF CONDUCT INFORMATION. The
158-21 commission shall provide to its members and employees of the
158-22 commission, as often as necessary, information regarding their
158-23 responsibilities under applicable laws relating to standards of
158-24 conduct for state officers or employees. (V.A.C.S. Art.
158-25 5221b-9(f).)
158-26 (Sections 202.044-202.060 reserved for expansion)
158-27 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
159-1 Sec. 202.061. GENERAL POWERS AND DUTIES. (a) The
159-2 commission shall administer this subtitle and may adopt rules, make
159-3 expenditures, require reports, conduct investigations, and take
159-4 other action it considers necessary or suitable to fulfill that
159-5 duty.
159-6 (b) The commission shall determine its own organization and
159-7 methods of procedure in accordance with this subtitle. (V.A.C.S.
159-8 Art. 5221b-9(a) (part).)
159-9 Sec. 202.062. FINDINGS. The commission shall make findings
159-10 and determine issues under this subtitle as necessary to administer
159-11 this subtitle. (New.)
159-12 Sec. 202.063. STATE AND FEDERAL COOPERATION. (a) The
159-13 commission is designated as the agency of this state for
159-14 implementation in this state of the Wagner-Peyser Act (29 U.S.C.
159-15 Section 49 et seq.).
159-16 (b) In administering this subtitle the commission shall:
159-17 (1) cooperate with the secretary under the Social
159-18 Security Act (42 U.S.C. Section 301 et seq.) to the fullest extent
159-19 consistent with this subtitle;
159-20 (2) make reports in the form and containing
159-21 information required by the secretary and comply with provisions
159-22 the secretary finds necessary to ensure that the reports are
159-23 correct and verified;
159-24 (3) comply with the regulations prescribed by the
159-25 secretary governing the expenditures of funds allotted and paid to
159-26 the state under Title III of the Social Security Act (42 U.S.C.
159-27 Section 501 et seq.) to assist in the administration of this
160-1 subtitle; and
160-2 (4) cooperate with any official or agency of the
160-3 United States having powers or duties under the Wagner-Peyser Act
160-4 (29 U.S.C. Section 49 et seq.) and take all actions necessary to
160-5 secure to this state the benefits of that Act and necessary to
160-6 perform the commission's duties under Subchapter F.
160-7 (c) The commission may provide reasonable cooperation to
160-8 each agency of the United States charged with the administration of
160-9 any unemployment insurance law.
160-10 (d) On request, the commission shall furnish to an agency of
160-11 the United States responsible for the administration of public
160-12 works or assistance through public employment the name, address,
160-13 ordinary occupation, and employment status of each recipient of
160-14 benefits and shall inform the agency of the recipient's right to
160-15 further benefits under this subtitle.
160-16 (e) In this section, "secretary" means the United States
160-17 secretary of labor. (V.A.C.S. Arts. 5221b-9(k), 5221b-9a (part),
160-18 5221b-10(a) (part).)
160-19 Sec. 202.064. INTERPRETER SERVICES; BILINGUAL FORMS. (a)
160-20 The commission shall provide language interpreters for agency
160-21 programs through a comprehensive language services program for
160-22 persons whose primary language is Spanish and may provide language
160-23 interpreters through the program for agency programs for persons
160-24 whose primary language is other than Spanish or English.
160-25 (b) The language services program must provide services,
160-26 including translation services, both to employers and to employees
160-27 or prospective employees.
161-1 (c) The commission shall print essential agency forms and
161-2 instructional information in both English and Spanish. A form
161-3 shall be written in Spanish only when revised or when new or
161-4 additional forms are printed or prepared. (V.A.C.S. Art.
161-5 5221b-9c.)
161-6 Sec. 202.065. ANNUAL REPORT. (a) As soon as practicable
161-7 after the close of each fiscal year, the commission shall submit to
161-8 the governor and the legislature a report on the administration and
161-9 operation of the commission's activities under this subtitle during
161-10 the preceding fiscal year, including each recommendation of the
161-11 commission for amendments to this subtitle.
161-12 (b) The annual report must include:
161-13 (1) a balance sheet of the money in the compensation
161-14 fund;
161-15 (2) the annual report prepared by the state advisory
161-16 council under Section 202.025(e);
161-17 (3) the commission's long-term and short-term
161-18 objectives; and
161-19 (4) any other information requested by the legislature
161-20 or the Legislative Budget Board. (V.A.C.S. Arts. 5221b-8(e)
161-21 (part), 5221b-9(b) (part).)
161-22 Sec. 202.066. PUBLICATIONS. (a) The commission shall
161-23 print:
161-24 (1) the text of this subtitle;
161-25 (2) the commission's rules; and
161-26 (3) the commission's annual report to the governor and
161-27 the legislature.
162-1 (b) The commission shall prepare information describing the
162-2 functions of the commission and the commission's procedures by
162-3 which complaints are filed with and resolved by the commission.
162-4 (c) The commission shall make the information required to be
162-5 printed or prepared under this section and any other material that
162-6 the commission determines to be relevant and suitable for
162-7 distribution available to the public and appropriate state
162-8 agencies. (V.A.C.S. Art. 5221b-9(d).)
162-9 (Sections 202.067-202.070 reserved for expansion)
162-10 SUBCHAPTER E. INVESTIGATIVE AND SUBPOENA POWERS
162-11 Sec. 202.071. INVESTIGATIVE AND SUBPOENA POWERS. (a) In
162-12 discharging duties imposed under this subtitle, an appeal tribunal
162-13 established under Section 212.101, a member of the commission, or a
162-14 representative authorized by the commission may:
162-15 (1) administer oaths;
162-16 (2) take depositions;
162-17 (3) certify to official acts; and
162-18 (4) issue subpoenas to compel the attendance of
162-19 witnesses and the production of books, papers, correspondence,
162-20 memoranda, and other records considered necessary as evidence in
162-21 connection with a disputed claim or the administration of this
162-22 subtitle.
162-23 (b) The commission's authority to conduct an investigation,
162-24 assemble information, or require the submission of documentary or
162-25 oral testimony is limited to the power necessary to properly
162-26 administer this subtitle.
162-27 (c) Notwithstanding Section 154.004, Local Government Code,
163-1 or any other law, the commission shall pay the fee of a sheriff or
163-2 constable who serves a subpoena under this section. The fee shall
163-3 be paid from the commission's administrative funds, and the
163-4 comptroller shall issue a warrant for the fee as directed by the
163-5 commission. (V.A.C.S. Arts. 5221b-9(h), 5221b-21.)
163-6 Sec. 202.072. ENFORCEMENT OF SUBPOENA; OFFENSE; PENALTIES.
163-7 (a) If a person is guilty of contumacy or refuses to obey a
163-8 subpoena issued by a member of the commission or an authorized
163-9 representative of the commission, a county or district court, on
163-10 application by the commission or its authorized representative, may
163-11 order the person to appear before a member of the commission, the
163-12 commission, or its authorized representative to produce evidence or
163-13 give testimony regarding the matter under investigation or in
163-14 question. Only a court within the jurisdiction where the
163-15 commission conducts the inquiry or where the person is found,
163-16 resides, or transacts business may issue the order.
163-17 (b) Failure to obey a court order issued under Subsection
163-18 (a) is punishable as contempt.
163-19 (c) A person commits an offense if the person, without just
163-20 cause, does not obey a subpoena of the commission. An offense
163-21 under this subsection is punishable by a fine of not less than
163-22 $200, by confinement for not more than 60 days, or by both fine and
163-23 confinement. Each day of violation constitutes a separate offense.
163-24 (V.A.C.S. Art. 5221b-9(i).)
163-25 Sec. 202.073. SELF-INCRIMINATION. (a) In any cause or
163-26 proceeding before the commission, a person is not excused from
163-27 attending and testifying, from producing books, papers,
164-1 correspondence, memoranda, and other records, or from obeying a
164-2 subpoena of the commission, a member of the commission, or a
164-3 representative of the commission on the ground that the testimony
164-4 or evidence, documentary or otherwise, may tend to incriminate the
164-5 person or subject the person to a penalty or forfeiture.
164-6 (b) A person may not be prosecuted or subjected to penalty
164-7 or forfeiture for or because of a transaction or thing for which
164-8 the person is compelled to testify or produce evidence after having
164-9 claimed a privilege against self-incrimination except for perjury.
164-10 (V.A.C.S. Art. 5221b-9(j) (part).)
164-11 Sec. 202.074. DEFAMATION. An oral or written statement made
164-12 to the commission or to an employee of the commission in connection
164-13 with the discharge of the commission's or the employee's duties
164-14 under this subtitle may not be the basis for an action for
164-15 defamation of character. (V.A.C.S. Art. 5221b-9(j) (part).)
164-16 (Sections 202.075-202.080 reserved for expansion)
164-17 SUBCHAPTER F. EMPLOYMENT SERVICE
164-18 Sec. 202.081. TEXAS STATE EMPLOYMENT SERVICE. (a) The
164-19 Texas State Employment Service is a division of the commission.
164-20 (b) The commission, through the division, shall establish
164-21 and maintain free public employment offices as necessary to perform
164-22 the commission's duties under the Wagner-Peyser Act (29 U.S.C.
164-23 Section 49 et seq.). The number and locations of the public
164-24 employment offices shall be determined by the commission as
164-25 necessary for the proper administration of this subtitle.
164-26 (V.A.C.S. Art. 5221b-10(a) (part).)
164-27 Sec. 202.082. EMPLOYMENT SERVICES AGREEMENTS. (a) To
165-1 establish and maintain public employment offices under this
165-2 subchapter, the commission may enter into an agreement with any
165-3 political subdivision of the state or with a private or nonprofit
165-4 organization and, as a part of the agreement, accept money,
165-5 services, or quarters as a contribution to the employment service
165-6 account.
165-7 (b) To establish and maintain, or assist in the
165-8 establishment and maintenance of, public employment offices within
165-9 a county or other political subdivision of this state, the
165-10 commissioners court of the county or the governing body of the
165-11 other political subdivision may enter into agreements with the
165-12 Texas State Employment Service on terms and conditions agreed to by
165-13 the commissioners court or other governing body and the Texas State
165-14 Employment Service. The county or other political subdivision may
165-15 employ means and appropriate and spend funds as necessary to
165-16 establish and operate the public employment offices, and may
165-17 provide, as part of the agreement, payment for:
165-18 (1) the rent of premises;
165-19 (2) services rendered;
165-20 (3) the purchase of equipment; and
165-21 (4) any other purpose considered advisable by the
165-22 commissioners court or other governing body.
165-23 (c) The penalty provisions of this subtitle, including the
165-24 provisions of Chapters 213 and 214, do not apply to an action or
165-25 omission under Subsection (b). (V.A.C.S. Arts. 5221a-3,
165-26 5221b-10(b) (part).)
165-27 (Sections 202.083-202.090 reserved for expansion)
166-1 SUBCHAPTER G. RECORDS
166-2 Sec. 202.091. EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE;
166-3 PENALTY. (a) Each employing unit shall keep employment records
166-4 containing information as prescribed by the commission and as
166-5 necessary for the proper administration of this subtitle. The
166-6 records are open to inspection and may be copied by the commission
166-7 or an authorized representative of the commission at any reasonable
166-8 time and as often as necessary.
166-9 (b) The commission may require from an employing unit sworn
166-10 or unsworn reports regarding persons employed by the employing unit
166-11 as necessary for the effective administration of this subtitle.
166-12 (c) Employment information thus obtained or otherwise
166-13 secured may not be published and is not open to public inspection,
166-14 other than to a public employee in the performance of public
166-15 duties, except as the commission considers necessary for the proper
166-16 administration of this subtitle.
166-17 (d) A person commits an offense if the person is an employee
166-18 or member of the commission who violates any provision of this
166-19 section. An offense under this subsection is punishable by a fine
166-20 of not less than $20 nor more than $200, confinement in jail for
166-21 not more than 90 days, or both fine and confinement. (V.A.C.S.
166-22 Art. 5221b-9(g).)
166-23 Sec. 202.092. COPIES OF RECORDS. (a) The commission may
166-24 furnish a photostatic or certified copy of a record in its
166-25 possession to a person entitled to receive a copy of the record on
166-26 application by the person.
166-27 (b) The commission shall charge a reasonable fee in an
167-1 amount set by the commission for a copy of a record furnished under
167-2 this section. (V.A.C.S. Art. 5221b-11(b).)
167-3 Sec. 202.093. ACCESS TO RECORDS BY RAILROAD RETIREMENT
167-4 BOARD. (a) The commission may make state records relating to the
167-5 administration of this subtitle available to the Railroad
167-6 Retirement Board.
167-7 (b) The commission may furnish the Railroad Retirement Board
167-8 with copies of the records requested by the board at the board's
167-9 expense. (V.A.C.S. Art. 5221b-9a (part).)
167-10 Sec. 202.094. DESTRUCTION OF RECORDS. The commission may
167-11 destroy any of its records under safeguards that protect the
167-12 confidential nature of the records if the commission:
167-13 (1) determines that the records no longer serve a
167-14 legal, administrative, or other useful purpose; or
167-15 (2) has made an authentic reproduction of the records
167-16 to be destroyed. (V.A.C.S. Art. 5221b-9b.)
167-17 CHAPTER 203. FINANCING AND FUNDS
167-18 SUBCHAPTER A. GENERAL PROVISIONS
167-19 Sec. 203.001. DEFINITIONS
167-20 Sec. 203.002. DUTIES OF TREASURER AND COMPTROLLER
167-21 Sec. 203.003. TREASURER'S BOND LIABILITY
167-22 Sec. 203.004. DEPOSIT OF FUNDS; EXCEPTION
167-23 Sec. 203.005. APPLICATION OF OTHER LAW
167-24 (Sections 203.006-203.020 reserved for expansion)
167-25 SUBCHAPTER B. UNEMPLOYMENT COMPENSATION FUND
167-26 Sec. 203.021. UNEMPLOYMENT COMPENSATION FUND;
167-27 SEPARATE ACCOUNTS
168-1 Sec. 203.022. COMPOSITION AND USE OF CLEARING ACCOUNT
168-2 Sec. 203.023. REQUISITIONS FROM FEDERAL TRUST FUND;
168-3 BENEFIT ACCOUNT
168-4 Sec. 203.024. DEPOSITS
168-5 Sec. 203.025. USE OF REQUISITIONED MONEY
168-6 Sec. 203.026. ACCOUNTS FROM WHICH BENEFITS AND
168-7 REFUNDS ARE PAID
168-8 Sec. 203.027. UNEXPENDED BALANCE OF BENEFIT ACCOUNT
168-9 Sec. 203.028. SOLVENCY OF COMPENSATION FUND; RESERVE
168-10 Sec. 203.029. REFUND OF CONTRIBUTIONS TO FEDERAL
168-11 INSTRUMENTALITY
168-12 Sec. 203.030. REIMBURSEMENT FROM OR TO COMPENSATION FUND
168-13 UNDER RECIPROCAL ARRANGEMENT
168-14 Sec. 203.031. NONLIABILITY OF STATE
168-15 Sec. 203.032. MANAGEMENT OF COMPENSATION FUND ON DISCONTINUANCE
168-16 OF FEDERAL TRUST FUND
168-17 (Sections 203.033-203.100 reserved for expansion)
168-18 SUBCHAPTER C. ADVANCES FROM FEDERAL TRUST FUND
168-19 Sec. 203.101. LIMIT ON APPLICATION FOR ADVANCE
168-20 Sec. 203.102. ADVANCE INTEREST TRUST FUND
168-21 Sec. 203.103. TRANSFER OF INCOME FROM ADVANCE INTEREST TRUST
168-22 FUND TO SPECIAL ADMINISTRATION FUND
168-23 Sec. 203.104. TRANSFER FROM ADVANCE INTEREST TRUST FUND TO
168-24 COMPENSATION FUND
168-25 Sec. 203.105. ADDITIONAL TAX
168-26 (Sections 203.106-203.150 reserved for expansion)
168-27 SUBCHAPTER D. ADMINISTRATION FUND
169-1 Sec. 203.151. ADMINISTRATION FUND
169-2 Sec. 203.152. USE OF ADMINISTRATION FUND
169-3 Sec. 203.153. EMPLOYMENT SERVICE FINANCING
169-4 Sec. 203.154. REIMBURSEMENT OF ADMINISTRATION FUND
169-5 (Sections 203.155-203.200 reserved for expansion)
169-6 SUBCHAPTER E. SPECIAL ADMINISTRATION FUND
169-7 Sec. 203.201. SPECIAL ADMINISTRATION FUND
169-8 Sec. 203.202. USE OF SPECIAL ADMINISTRATION FUND
169-9 Sec. 203.203. REFUND OF PENALTIES
169-10 CHAPTER 203. FINANCING AND FUNDS
169-11 SUBCHAPTER A. GENERAL PROVISIONS
169-12 Sec. 203.001. DEFINITIONS. In this chapter:
169-13 (1) "Administration fund" means the unemployment
169-14 compensation administration fund created under Section 203.151.
169-15 (2) "Federal trust fund" means the unemployment trust
169-16 fund created under Section 904, Social Security Act (42 U.S.C.
169-17 Section 1104).
169-18 (3) "Special administration fund" means the
169-19 unemployment compensation special administration fund created under
169-20 Section 203.201.
169-21 (4) "Treasurer" means the state treasurer. (New.)
169-22 Sec. 203.002. DUTIES OF TREASURER AND COMPTROLLER. (a) The
169-23 treasurer is treasurer and custodian of the compensation fund and
169-24 the special administration fund and shall administer the funds in
169-25 accordance with the directions of the commission.
169-26 (b) The comptroller shall issue warrants on the compensation
169-27 fund in accordance with rules adopted by the commission.
170-1 (c) The comptroller shall issue warrants on the special
170-2 administration fund in accordance with the directions of the
170-3 commission. (V.A.C.S. Arts. 5221b-7(b) (part), 5221b-22a(a)
170-4 (part).)
170-5 Sec. 203.003. TREASURER'S BOND LIABILITY. The treasurer is
170-6 liable on the treasurer's official bond for the faithful
170-7 performance of the treasurer's duties under this subtitle in
170-8 connection with the compensation fund, the administration fund, and
170-9 the special administration fund. This liability is in addition to
170-10 liability on any separate bond that the treasurer may give.
170-11 (V.A.C.S. Arts. 5221b-7(b) (part), 5221b-11(a) (part), 5221b-22a(c)
170-12 (part).)
170-13 Sec. 203.004. DEPOSIT OF FUNDS; EXCEPTION. All money paid
170-14 to the commission under this subtitle:
170-15 (1) shall be deposited in the treasury unless:
170-16 (A) a state or federal law prohibits deposit in
170-17 the treasury; or
170-18 (B) the deposit would result in the loss of any
170-19 federal funds; and
170-20 (2) may be used only for the administration of this
170-21 subtitle. (V.A.C.S. Art. 5221b-9(l).)
170-22 Sec. 203.005. APPLICATION OF OTHER LAW. Money in the
170-23 compensation fund, the administration fund, and the special
170-24 administration fund shall be deposited, administered, and disbursed
170-25 in the same manner and under the same requirements as provided by
170-26 law for other special funds in the state treasury. (V.A.C.S. Arts.
170-27 5221b-7(b) (part), 5221b-11(a) (part), 5221b-22a(c) (part).)
171-1 (Sections 203.006-203.020 reserved for expansion)
171-2 SUBCHAPTER B. UNEMPLOYMENT COMPENSATION FUND
171-3 Sec. 203.021. UNEMPLOYMENT COMPENSATION FUND; SEPARATE
171-4 ACCOUNTS. (a) The unemployment compensation fund is a special
171-5 fund.
171-6 (b) The compensation fund consists of:
171-7 (1) contributions collected under this subtitle;
171-8 (2) interest earned on money in the compensation fund;
171-9 (3) property or securities acquired through the use of
171-10 money in the compensation fund;
171-11 (4) earnings of property or securities described by
171-12 Subdivision (3);
171-13 (5) amounts recovered for losses sustained by the
171-14 compensation fund; and
171-15 (6) other money received for the compensation fund
171-16 from any other source.
171-17 (c) Money in the compensation fund shall be mingled and
171-18 undivided.
171-19 (d) The treasurer shall maintain in the compensation fund:
171-20 (1) a clearing account;
171-21 (2) a federal trust fund account; and
171-22 (3) a benefit account. (V.A.C.S. Arts. 5221b-7(a)
171-23 (part), (b) (part).)
171-24 Sec. 203.022. COMPOSITION AND USE OF CLEARING ACCOUNT. (a)
171-25 On receipt of any money payable to the compensation fund, the
171-26 commission shall forward the money to the treasurer, who shall
171-27 immediately deposit it in the clearing account.
172-1 (b) Except as provided by Section 203.026, money in the
172-2 clearing account, after it has cleared, shall be immediately
172-3 deposited with the United States secretary of the treasury to the
172-4 credit of this state's account in the federal trust fund. This
172-5 section prevails over any conflicting state statute relating to the
172-6 deposit, administration, release, or disbursement of money in the
172-7 possession or custody of this state. (V.A.C.S. Art. 5221b-7(b)
172-8 (part).)
172-9 Sec. 203.023. REQUISITIONS FROM FEDERAL TRUST FUND; BENEFIT
172-10 ACCOUNT. (a) The commission periodically shall requisition from
172-11 the federal trust fund amounts the commission considers necessary
172-12 for the payment of benefits and refunds for a reasonable period.
172-13 The commission may not requisition an amount exceeding the balance
172-14 of this state's account in the federal trust fund.
172-15 (b) The benefit account is composed of money requisitioned
172-16 from this state's account in the federal trust fund.
172-17 (c) On receipt of money requisitioned from the federal trust
172-18 fund, the treasurer shall deposit it in the benefit account.
172-19 (V.A.C.S. Arts. 5221b-7(b) (part), (c) (part).)
172-20 Sec. 203.024. DEPOSITS. (a) Except as otherwise provided
172-21 by this subchapter, the treasurer, under the direction of the
172-22 commission, may deposit money credited to the clearing and benefit
172-23 accounts in a bank or public depository in which general funds of
172-24 this state may be deposited.
172-25 (b) A public deposit insurance charge or premium may not be
172-26 paid out of the compensation fund. (V.A.C.S. Art. 5221b-7(b)
172-27 (part).)
173-1 Sec. 203.025. USE OF REQUISITIONED MONEY. (a) The
173-2 commission shall direct the administration of the compensation fund
173-3 exclusively for the purposes of this subtitle.
173-4 (b) Money requisitioned from this state's account in the
173-5 federal trust fund may be used only for the payment of benefits or
173-6 for refunds as provided by Sections 203.023, 203.026, 203.027, and
173-7 203.203 and by Subchapter B, Chapter 210, and Subchapter E, Chapter
173-8 213, except that money credited to this state's account as provided
173-9 by Section 903, Social Security Act (42 U.S.C. Section 1103), may
173-10 be requisitioned and used by the commission only to the extent and
173-11 under the conditions prescribed by that section. (V.A.C.S. Arts.
173-12 5221b-7(a) (part), (c) (part).)
173-13 Sec. 203.026. ACCOUNTS FROM WHICH BENEFITS AND REFUNDS ARE
173-14 PAID. (a) The comptroller may issue a warrant for a benefit only
173-15 from the benefit account.
173-16 (b) As directed by the commission, the comptroller may issue
173-17 a warrant for a refund as provided by Subchapter E, Chapter 213,
173-18 from the benefit account or the clearing account.
173-19 (c) An expenditure from the benefit account or a refund from
173-20 the clearing account is not subject to a law that requires
173-21 itemization or other formal release by a state officer of money in
173-22 the officer's custody.
173-23 (d) A warrant issued for the payment of a benefit or a
173-24 refund must bear the signatures of:
173-25 (1) the treasurer; and
173-26 (2) a member of the commission or the commission's
173-27 authorized agent for that purpose. (V.A.C.S. Arts. 5221b-7(b)
174-1 (part), (c) (part).)
174-2 Sec. 203.027. UNEXPENDED BALANCE OF BENEFIT ACCOUNT. Money
174-3 requisitioned from the federal trust fund that remains unclaimed or
174-4 unpaid in the benefit account after the end of the period for which
174-5 the money was requisitioned shall be, in the commission's
174-6 discretion:
174-7 (1) deducted from an estimate for the succeeding
174-8 periods and used to pay benefits and refunds in those periods; or
174-9 (2) redeposited in the federal trust fund as provided
174-10 by Section 203.022. (V.A.C.S. Art. 5221b-7(c) (part).)
174-11 Sec. 203.028. SOLVENCY OF COMPENSATION FUND; RESERVE. (a)
174-12 If the commission believes that a change in contribution or benefit
174-13 rates will become necessary to protect the solvency of the
174-14 compensation fund, it shall inform the governor and legislature of
174-15 its belief and when the change will become necessary and shall make
174-16 recommendations for the necessary change.
174-17 (b) The commission, if possible, shall maintain in the
174-18 compensation fund a reserve against the liability to pay benefits
174-19 in future years in excess of current contributions. The commission
174-20 shall create the reserve according to accepted actuarial principles
174-21 using statistics of employment, business activity, and other
174-22 relevant factors for the longest possible period. (V.A.C.S. Art.
174-23 5221b-9(b) (part).)
174-24 Sec. 203.029. REFUND OF CONTRIBUTIONS TO FEDERAL
174-25 INSTRUMENTALITY. If this state is not certified for any year by
174-26 the United States secretary of labor as required under Section
174-27 3304(c), Internal Revenue Code of 1986 (26 U.S.C. Section 3304(c)),
175-1 the commission shall refund from the compensation fund a payment
175-2 required of an instrumentality of the federal government for that
175-3 year in the same manner and within the same period as provided by
175-4 Subchapter E, Chapter 213, for contributions erroneously collected.
175-5 (V.A.C.S. Art. 5221b-17(g)(5)(M) (part).)
175-6 Sec. 203.030. REIMBURSEMENT FROM OR TO COMPENSATION FUND
175-7 UNDER RECIPROCAL ARRANGEMENT. (a) The commission may reimburse a
175-8 state or federal agency from the compensation fund or receive a
175-9 reimbursement from a state or federal agency for the compensation
175-10 fund under an arrangement under Section 211.003.
175-11 (b) A reimbursement paid from the compensation fund under
175-12 this section is a benefit for the purposes of this subtitle.
175-13 (V.A.C.S. Art. 5221b-15a(c).)
175-14 Sec. 203.031. NONLIABILITY OF STATE. Benefits are due and
175-15 payable only to the extent money is available for that purpose in
175-16 the compensation fund. Neither this state nor the commission is
175-17 liable for any amount in excess of the amount in that fund.
175-18 (V.A.C.S. Art. 5221b-16 (part).)
175-19 Sec. 203.032. MANAGEMENT OF COMPENSATION FUND ON
175-20 DISCONTINUANCE OF FEDERAL TRUST FUND. (a) To the extent that a
175-21 provision of this subchapter relates to the federal trust fund, the
175-22 provision is operative only as long as:
175-23 (1) the federal trust fund exists; and
175-24 (2) the United States secretary of the treasury
175-25 maintains for this state a separate book account of all funds
175-26 deposited in the federal trust fund by this state for benefit
175-27 purposes, with this state's proportionate share of the earnings of
176-1 the federal trust fund, from which no other state is permitted to
176-2 make withdrawals.
176-3 (b) If the federal trust fund ceases to exist or the
176-4 secretary of the treasury ceases to maintain a separate book
176-5 account for this state in the federal trust fund, all money,
176-6 property, or securities in the federal trust fund that belong to
176-7 the compensation fund shall be transferred to the treasurer. The
176-8 treasurer shall hold, invest, transfer, deposit, and release the
176-9 money, property, or securities in a manner approved by the
176-10 commission in accordance with this subtitle.
176-11 (c) Money held by the treasurer under Subsection (b) shall
176-12 be invested in readily marketable bonds or other interest-bearing
176-13 obligations of the United States of America. The money shall be
176-14 invested in such a manner that the assets of the compensation fund
176-15 are readily convertible at all times into cash as needed for the
176-16 payment of benefits.
176-17 (d) The treasurer may dispose of securities or other
176-18 property belonging to the compensation fund only under the
176-19 direction of the commission. (V.A.C.S. Art. 5221b-7(e).)
176-20 (Sections 203.033-203.100 reserved for expansion)
176-21 SUBCHAPTER C. ADVANCES FROM FEDERAL TRUST FUND
176-22 Sec. 203.101. LIMIT ON APPLICATION FOR ADVANCE. In any
176-23 application for an advance from the federal trust fund (Section
176-24 1201, Social Security Act (42 U.S.C. Section 1321)), the governor
176-25 shall limit the amount of the application to an amount that, when
176-26 added to previous advances, does not exceed the amount for which
176-27 principal and interest may be paid from taxes on employers.
177-1 (V.A.C.S. Art. 5221b-7c(b).)
177-2 Sec. 203.102. ADVANCE INTEREST TRUST FUND. (a) The advance
177-3 interest trust fund is a trust fund in the custody of the
177-4 treasurer.
177-5 (b) The governor may use money in the advance interest trust
177-6 fund without legislative appropriation to:
177-7 (1) pay interest incurred on advances from the federal
177-8 trust fund; and
177-9 (2) repay temporary transfers of surplus cash that may
177-10 be made between the advance interest trust fund and other funds.
177-11 (V.A.C.S. Art. 5221b-7c(a) (part).)
177-12 Sec. 203.103. TRANSFER OF INCOME FROM ADVANCE INTEREST TRUST
177-13 FUND TO SPECIAL ADMINISTRATION FUND. The treasurer and the
177-14 comptroller shall transfer all income earned after September 1,
177-15 1988, from investment of the advance interest trust fund to the
177-16 special administration fund for the administration of Chapters 51,
177-17 61, and 62. (V.A.C.S. Art. 5221b-7c(a) (part).)
177-18 Sec. 203.104. TRANSFER FROM ADVANCE INTEREST TRUST FUND TO
177-19 COMPENSATION FUND. The governor may authorize the commission to
177-20 transfer money from the advance interest trust fund to the
177-21 compensation fund if the governor:
177-22 (1) on the advice of the commission, determines that
177-23 funds in the compensation fund will be depleted at the time payment
177-24 on an advance from the federal trust fund is due and that depletion
177-25 of the funds will cause the loss of some portion of the credit
177-26 received by employers against their federal unemployment tax rate;
177-27 or
178-1 (2) determines that payment of interest on a federal
178-2 loan may be avoided by keeping the balance of the compensation fund
178-3 positive. (V.A.C.S. Art. 5221b-7c(a) (part).)
178-4 Sec. 203.105. ADDITIONAL TAX. (a) In addition to other
178-5 taxes, a separate tax is imposed on each employer eligible for an
178-6 experience tax rate if after January 1 of a year:
178-7 (1) an interest payment on an advance from the federal
178-8 trust fund will be due; and
178-9 (2) the estimated amount necessary to make the
178-10 interest payment will not be available otherwise.
178-11 (b) The commission shall set the rate of an additional tax
178-12 under this section in an amount sufficient to ensure timely payment
178-13 of interest, but not exceeding two-tenths of one percent. The rate
178-14 applies to the same wage base to which the employer's unemployment
178-15 tax applies for that year.
178-16 (c) An additional tax under this section is due on the date
178-17 set by the commission and is subject to the same penalty for late
178-18 payment as the unemployment tax.
178-19 (d) Revenue from an additional tax under this section shall
178-20 be deposited to the credit of the advance interest trust fund.
178-21 (V.A.C.S. Art. 5221b-7c(d).)
178-22 (Sections 203.106-203.150 reserved for expansion)
178-23 SUBCHAPTER D. ADMINISTRATION FUND
178-24 Sec. 203.151. ADMINISTRATION FUND. (a) The unemployment
178-25 compensation administration fund is a special fund in the state
178-26 treasury.
178-27 (b) The administration fund consists of money:
179-1 (1) appropriated to the administration fund by this
179-2 state;
179-3 (2) received from the United States or any federal
179-4 agency for the administration of this subtitle;
179-5 (3) collected by the commission as fees for furnishing
179-6 photostatic or certified copies of commission records;
179-7 (4) collected by the commission as fees for conducting
179-8 audits under the authority granted by this subtitle;
179-9 (5) received from any federal agency or any agency of
179-10 another state as compensation for services or facilities supplied
179-11 to the agency;
179-12 (6) received under any surety bond or insurance policy
179-13 or from other sources:
179-14 (A) for losses sustained by the administration
179-15 fund; or
179-16 (B) by reason of damage to equipment or supplies
179-17 purchased with money in the administration fund;
179-18 (7) received as proceeds from the sale or disposition
179-19 of equipment or supplies that are no longer necessary for the
179-20 proper administration of this subtitle, if the equipment or
179-21 supplies were purchased with money in the administration fund; and
179-22 (8) received from any other source for the
179-23 administration of this subtitle. (V.A.C.S. Art. 5221b-11(a)
179-24 (part).)
179-25 Sec. 203.152. USE OF ADMINISTRATION FUND. (a) Money
179-26 credited to the administration fund may be used by the commission
179-27 as provided by this subtitle and may not be transferred to any
180-1 other fund.
180-2 (b) Money in the administration fund received from the
180-3 federal government or a federal agency may be spent only for the
180-4 purposes and in the amounts found necessary by the United States
180-5 secretary of labor or that secretary's successor for the proper and
180-6 efficient administration of this subtitle. (V.A.C.S. Art.
180-7 5221b-11(a) (part).)
180-8 Sec. 203.153. EMPLOYMENT SERVICE FINANCING. Money received
180-9 by the state under the Wagner-Peyser Act (29 U.S.C. Section 49 et
180-10 seq.) shall be deposited to the credit of the employment service
180-11 account of the administration fund. The money in the account may
180-12 be used by the commission as provided by Subchapter F of Chapter
180-13 202 and the Wagner-Peyser Act. (V.A.C.S. Art. 5221b-10(b) (part).)
180-14 Sec. 203.154. REIMBURSEMENT OF ADMINISTRATION FUND. (a) If
180-15 the United States secretary of labor or that secretary's successor
180-16 finds that money received from the secretary or the secretary's
180-17 successor under Title III of the Social Security Act (42 U.S.C.
180-18 Section 501 et seq.) or any other federal money granted to the
180-19 commission for the administration of this subtitle has been lost or
180-20 spent for a purpose other than, or in an amount in excess of, that
180-21 found necessary for the proper administration of this subtitle by
180-22 the secretary or the secretary's successor, the money shall be
180-23 replaced by money appropriated for that purpose from the general
180-24 funds of this state to the administration fund for expenditure as
180-25 provided by Section 203.152.
180-26 (b) On receipt of notice that the secretary or the
180-27 secretary's successor has made a determination described in
181-1 Subsection (a), the commission shall promptly report the amount
181-2 needed for reimbursement to the governor. The governor, at the
181-3 earliest opportunity, shall submit to the legislature a request for
181-4 the appropriation of that amount. (V.A.C.S. Art. 5221b-11(c).)
181-5 (Sections 203.155-203.200 reserved for expansion)
181-6 SUBCHAPTER E. SPECIAL ADMINISTRATION FUND
181-7 Sec. 203.201. SPECIAL ADMINISTRATION FUND. (a) The
181-8 unemployment compensation special administration fund is a special
181-9 fund.
181-10 (b) The special administration fund consists of:
181-11 (1) all interest and penalties collected under this
181-12 subtitle;
181-13 (2) any amounts received under any surety bond for
181-14 losses sustained by the special administration fund; and
181-15 (3) money transferred under Section 203.103.
181-16 (V.A.C.S. Arts. 5221b-12(c)(1) (part), (2) (part); 5221b-22a(a)
181-17 (part), (c) (part).)
181-18 Sec. 203.202. USE OF SPECIAL ADMINISTRATION FUND. (a)
181-19 Money in the special administration fund may be spent in accordance
181-20 with this subtitle and may be used:
181-21 (1) to pay the cost of reimbursing the benefit account
181-22 in the compensation fund for benefits paid to former employees of
181-23 this state that are based on service for this state, and the cost
181-24 of construction and purchase of buildings and land necessary for
181-25 that administration;
181-26 (2) in the administration of Chapters 51, 61, and 62
181-27 as provided by Section 203.103;
182-1 (3) for payment of interest on advances from the
182-2 federal trust fund;
182-3 (4) as a revolving fund to cover expenditures that are
182-4 necessary and proper under this subtitle and for which federal
182-5 funds have been requested but not received, subject to the charging
182-6 of the expenditures against the federal funds when received; and
182-7 (5) to refund a penalty as provided by Section
182-8 203.203.
182-9 (b) Money in the special administration fund may not be
182-10 spent in any manner that would permit its substitution for, or a
182-11 corresponding reduction in, federal funds that would, in the
182-12 absence of that money, be available to finance expenditures for the
182-13 administration of this subtitle.
182-14 (c) The commission by a resolution entered in its minutes
182-15 may authorize to be charged against the special administration fund
182-16 any expenditure the commission considers proper in the interest of
182-17 good administration of this subtitle if the resolution states that
182-18 no other funds are available for the expenditure. (V.A.C.S. Arts.
182-19 5221b-7c(c), 5221b-22a(a) (part).)
182-20 Sec. 203.203. REFUND OF PENALTIES. A refund under
182-21 Subchapter E, Chapter 213, of a penalty that has been erroneously
182-22 collected and deposited to the credit of the special administration
182-23 fund shall be made, without interest, from the special
182-24 administration fund. (V.A.C.S. Arts. 5221b-7(b) (part),
182-25 5221b-22a(c) (part).)
182-26 CHAPTER 204. CONTRIBUTIONS
182-27 SUBCHAPTER A. GENERAL PROVISIONS
183-1 Sec. 204.001. DEFINITION
183-2 Sec. 204.002. CONTRIBUTION REQUIRED
183-3 Sec. 204.003. CONTRIBUTION NOT DEDUCTED FROM WAGES
183-4 Sec. 204.004. ASSIGNMENT TO MAJOR GROUP
183-5 Sec. 204.005. ESTABLISHMENT OF MAJOR GROUP CONTRIBUTION
183-6 RATE
183-7 Sec. 204.006. INITIAL CONTRIBUTION RATE
183-8 Sec. 204.007. SPECIAL RATE--COTTON GINNING EMPLOYER
183-9 Sec. 204.008. TIME BENEFITS ARE PAID
183-10 Sec. 204.009. APPLICATION TO LABOR AGENT
183-11 (Sections 204.010-204.020 reserved for expansion)
183-12 SUBCHAPTER B. CHARGEBACKS
183-13 Sec. 204.021. CHARGEBACKS
183-14 Sec. 204.022. EXCLUSIONS FROM CHARGEBACKS
183-15 Sec. 204.023. NOTICE SENT AT TIME BENEFITS PAID
183-16 Sec. 204.024. PROTEST OF POTENTIAL CHARGEBACKS
183-17 Sec. 204.025. DECISION AND ADMINISTRATIVE REVIEW OF PROTEST
183-18 Sec. 204.026. JUDICIAL REVIEW OF PROTEST
183-19 Sec. 204.027. NOTICE, PROTEST, AND APPEAL--NOTICE SENT AT TIME
183-20 OF CLAIM
183-21 (Sections 204.028-204.040 reserved for expansion)
183-22 SUBCHAPTER C. GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
183-23 Sec. 204.041. TAX ON EXPERIENCE-RATED EMPLOYERS
183-24 Sec. 204.042. TAX RATE TABLE
183-25 Sec. 204.043. EXTENSION OF TAX RATE TABLE UP TO SIX
183-26 PERCENT
183-27 Sec. 204.044. BENEFIT RATIO
184-1 Sec. 204.045. REPLENISHMENT RATIO
184-2 Sec. 204.046. EFFECTIVELY CHARGED BENEFITS
184-3 Sec. 204.047. TAX RATE COMPUTATION DATE FOR EXPERIENCE
184-4 TAX RATE
184-5 (Sections 204.048-204.060 reserved for expansion)
184-6 SUBCHAPTER D. ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED
184-7 EMPLOYERS
184-8 Sec. 204.061. CEILING AND FLOOR OF COMPENSATION FUND
184-9 Sec. 204.062. REPLENISHMENT TAX
184-10 Sec. 204.063. DEFICIT TAX
184-11 Sec. 204.064. DEFICIT RATIO
184-12 Sec. 204.065. CREDIT
184-13 Sec. 204.066. SURPLUS RATIO
184-14 (Sections 204.067-204.080 reserved for expansion)
184-15 SUBCHAPTER E. ACQUISITION OF EXPERIENCE-RATED EMPLOYER
184-16 Sec. 204.081. DEFINITION
184-17 Sec. 204.082. EFFECTIVE DATE OF ACQUISITION
184-18 Sec. 204.083. ACQUISITION OF ALL OF EXPERIENCE-RATED
184-19 ORGANIZATION, TRADE, OR BUSINESS
184-20 Sec. 204.084. ACQUISITION OF PART OF EXPERIENCE-RATED
184-21 ORGANIZATION, TRADE, OR BUSINESS: APPROVAL
184-22 OF TRANSFER OF COMPENSATION EXPERIENCE
184-23 Sec. 204.085. CONTRIBUTION RATE FOR SUCCESSOR EMPLOYER
184-24 Sec. 204.086. COLLECTION OF CONTRIBUTION, PENALTY, OR INTEREST
184-25 FROM SUCCESSOR EMPLOYER
184-26 (Sections 204.087-204.100 reserved for expansion)
184-27 SUBCHAPTER F. SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
185-1 Sec. 204.101. CONTRIBUTION FROM GOVERNMENTAL EMPLOYER
185-2 Sec. 204.102. CONTRIBUTION NOT DEDUCTION FROM WAGES
185-3 Sec. 204.103. RATE OF CONTRIBUTIONS FOR GOVERNMENTAL
185-4 EMPLOYERS
185-5 Sec. 204.104. ACCOUNTING FOR GOVERNMENTAL EMPLOYERS
185-6 Sec. 204.105. PAST DUE CONTRIBUTIONS
185-7 Sec. 204.106. REPORTS AND RECORDS
185-8 CHAPTER 204. CONTRIBUTIONS
185-9 SUBCHAPTER A. GENERAL PROVISIONS
185-10 Sec. 204.001. DEFINITION. In this chapter, "manual" means
185-11 the Standard Industrial Classification Manual published by the
185-12 United States Office of Management and Budget. (V.A.C.S. Art.
185-13 5221b-5(c)(1) (part).)
185-14 Sec. 204.002. CONTRIBUTION REQUIRED. (a) An employer shall
185-15 pay a contribution on wages for employment paid during a calendar
185-16 year or the portion of the calendar year in which the employer is
185-17 subject to this subtitle.
185-18 (b) The contribution shall be paid to the commission in
185-19 accordance with rules adopted by the commission. (V.A.C.S. Art.
185-20 5221b-5(a) (part).)
185-21 Sec. 204.003. CONTRIBUTION NOT DEDUCTED FROM WAGES. An
185-22 employer may not deduct any part of a contribution from the wages
185-23 of an individual in the employer's employ. (V.A.C.S. Art.
185-24 5221b-5(a) (part).)
185-25 Sec. 204.004. ASSIGNMENT TO MAJOR GROUP. The commission
185-26 shall assign each employer to a major group in accordance with the
185-27 definitions contained in the manual. (V.A.C.S. Art. 5221b-5(c)(1)
186-1 (part).)
186-2 Sec. 204.005. ESTABLISHMENT OF MAJOR GROUP CONTRIBUTION
186-3 RATE. (a) For each calendar year, the commission shall establish
186-4 by industry an average contribution rate for each major group.
186-5 (b) The commission shall determine the year's contribution
186-6 rate for an industry by averaging the contribution rates paid by
186-7 employers in that industry during the preceding year ending on
186-8 September 30, as shown by the employment records maintained by the
186-9 commission. (V.A.C.S. Art. 5221b-5(c)(1) (part).)
186-10 Sec. 204.006. INITIAL CONTRIBUTION RATE. (a) A person's
186-11 contribution rate for the calendar year in which the person becomes
186-12 an employer is the greater of:
186-13 (1) the rate established for that year for the major
186-14 group to which the employer is assigned under Section 204.004; or
186-15 (2) two and seven-tenths percent.
186-16 (b) A rate established under Subsection (a) applies to the
186-17 employer until the date the experience rate computed under Section
186-18 204.041 takes effect for the employer. (V.A.C.S. Art.
186-19 5221b-5(c)(1) (part).)
186-20 Sec. 204.007. SPECIAL RATE--COTTON GINNING EMPLOYER. (a)
186-21 An employer identified by the commission as classified in the
186-22 manual as Number 0724, cotton ginning, may elect to pay a
186-23 contribution at a total fixed rate of five and four-tenths percent
186-24 instead of paying a contribution computed on:
186-25 (1) the general tax rate applicable to that employer,
186-26 with the deficit tax rate and replenishment tax rate; or
186-27 (2) any other tax rate applicable to that employer
187-1 under this subtitle.
187-2 (b) An employer must notify the commission of an election
187-3 under this section in writing not later than December 31 preceding
187-4 the year for which the election is made. (V.A.C.S. Art.
187-5 5221b-5(c)(9).)
187-6 Sec. 204.008. TIME BENEFITS ARE PAID. For the purpose of
187-7 this chapter, benefits are paid at the time the claim for the
187-8 benefits is certified by the commission to the comptroller for
187-9 payment. (V.A.C.S. Art. 5221b-5(c)(3).)
187-10 Sec. 204.009. APPLICATION TO LABOR AGENT. (a) A labor
187-11 agent who furnishes a farm and ranch laborer is liable for the
187-12 payment of a tax under this subtitle as if the labor agent were the
187-13 employer of the laborer, without regard to any factor used to
187-14 determine an employer-employee relationship, including the right of
187-15 control.
187-16 (b) If a labor agent does not pay the tax in accordance with
187-17 this subtitle, a person who contracts with the labor agent for the
187-18 services of a farm and ranch laborer is jointly and severally
187-19 liable with the labor agent for payment of the tax under this
187-20 subtitle as an employer.
187-21 (c) A labor agent shall notify each person with whom the
187-22 labor agent contracts whether the labor agent pays the tax under
187-23 this subtitle.
187-24 (d) A labor agent who pays the tax shall present evidence of
187-25 payment to each person with whom the labor agent contracts.
187-26 (e) In this section, "labor agent" means a person who is a
187-27 farm labor contractor under the Migrant and Seasonal Agricultural
188-1 Worker Protection Act (29 U.S.C. Section 1801 et seq.). (V.A.C.S.
188-2 Art. 5221b-17(f)(8)(D) (part).)
188-3 (Sections 204.010-204.020 reserved for expansion)
188-4 SUBCHAPTER B. CHARGEBACKS
188-5 Sec. 204.021. CHARGEBACKS. (a) The amount of benefits paid
188-6 to a claimant for a benefit year shall be charged to the accounts
188-7 of each of the claimant's employers during the claimant's base
188-8 period. The chargebacks of an employer for a calendar quarter are
188-9 the benefits paid to all of the employer's employees or former
188-10 employees during that quarter.
188-11 (b) The chargeback of benefits of a claimant who has two or
188-12 more employers during the claimant's base period is allocated among
188-13 those employers according to the proportion of the total of the
188-14 claimant's benefit wage credits earned during the base period that
188-15 is paid by each employer. (V.A.C.S. Art. 5221b-5(c)(2)(A) (part).)
188-16 Sec. 204.022. EXCLUSIONS FROM CHARGEBACKS. (a) Benefits
188-17 computed on benefit wage credits of an employee or former employee
188-18 may not be charged to the account of an employer if the employee's
188-19 last separation from the employer's employment before the
188-20 employee's benefit year:
188-21 (1) was required by a federal statute;
188-22 (2) was required by a statute of this state or an
188-23 ordinance of a municipality of this state;
188-24 (3) would have disqualified the employee under Section
188-25 207.044, 207.045, or 207.053 if the employment had been the
188-26 employee's last work;
188-27 (4) imposes a disqualification under Section 207.044,
189-1 207.045, or 207.053;
189-2 (5) was caused by a medically verifiable illness of
189-3 the employee or the employee's minor child;
189-4 (6) was based on a natural disaster that results in a
189-5 disaster declaration by the president of the United States under
189-6 the Robert T. Stafford Disaster Relief and Emergency Assistance Act
189-7 (42 U.S.C. Section 5121 et seq.), if the employee would have been
189-8 entitled to unemployment assistance benefits under Section 410 of
189-9 that act (42 U.S.C. Section 5177) had the employee not received
189-10 state unemployment compensation benefits;
189-11 (7) was caused by a natural disaster, fire, flood, or
189-12 explosion that causes employees to be separated from one employer's
189-13 employment; or
189-14 (8) resulted from the employee's resigning from
189-15 partial employment to accept other employment that the employee
189-16 reasonably believed would increase the employee's weekly wage.
189-17 (b) For the purpose of this section, if an employee's last
189-18 separation from the employment of an employer is a separation for
189-19 which the employee was determined to have been disqualified under
189-20 Section 207.048, the employee's last separation from the employment
189-21 of that employer is considered to be the next later separation from
189-22 the employment of that employer. (V.A.C.S. Art. 5221b-5(c)(2)(A)
189-23 (part).)
189-24 Sec. 204.023. NOTICE SENT AT TIME BENEFITS PAID. The
189-25 commission shall mail to an employer a notice of the employer's
189-26 maximum potential chargebacks when benefits are first paid if:
189-27 (1) notice of an initial claim has not already been
190-1 mailed to the employer under Section 208.002; and
190-2 (2) the employer's account is potentially chargeable
190-3 with benefits as a result of the initial claim and payment of
190-4 benefits. (V.A.C.S. Art. 5221b-5(c)(2)(B) (part).)
190-5 Sec. 204.024. PROTEST OF POTENTIAL CHARGEBACKS. To protest
190-6 a potential chargeback, an employer to whom notice is mailed under
190-7 Section 204.023 must mail to the commission at Austin a protest not
190-8 later than the 14th day after the date the notice was mailed or the
190-9 right to protest the chargeback is waived. The protest must
190-10 include a statement of the facts supporting the grounds of the
190-11 protest. (V.A.C.S. Art. 5221b-5(c)(2)(B) (part).)
190-12 Sec. 204.025. DECISION AND ADMINISTRATIVE REVIEW OF PROTEST.
190-13 (a) An examiner promptly shall decide the issues involved in a
190-14 protest filed under Section 204.024 and shall mail a notice of the
190-15 decision to the protesting employer.
190-16 (b) The examiner's decision becomes final 14 days from the
190-17 date the examiner mails the notice unless before that date the
190-18 employer mails to the commission at Austin a written appeal from
190-19 the examiner's decision.
190-20 (c) Administrative review under this section must be in
190-21 accordance with the rules of the commission. (V.A.C.S. Art.
190-22 5221b-5(c)(2)(B) (part).)
190-23 Sec. 204.026. JUDICIAL REVIEW OF PROTEST. (a) An employer
190-24 may appeal an administrative determination made under Section
190-25 204.025 after the employer has exhausted the employer's
190-26 administrative remedies, not including a motion for rehearing,
190-27 before the commission. An appeal must be filed within the time
191-1 prescribed by Sections 212.153 and 212.201 for commission decisions
191-2 on benefits.
191-3 (b) An appeal to a court relating to a chargeback has the
191-4 same venue and jurisdiction as a suit to collect contributions and
191-5 penalties under this subtitle. (V.A.C.S. Art. 5221b-5(c)(2)(B)
191-6 (part).)
191-7 Sec. 204.027. NOTICE, PROTEST, AND APPEAL--NOTICE SENT AT
191-8 TIME OF CLAIM. (a) If notice of the claim is sent to an employer
191-9 under Section 208.002, the commission shall mail the employer a
191-10 notice of the employer's potential chargeback resulting from the
191-11 claim.
191-12 (b) The employer may protest a clerical or machine error
191-13 relating to the amount of the chargeback not later than the 14th
191-14 day after the date the notice was mailed.
191-15 (c) The commission shall mail a decision on the protest to
191-16 the employer.
191-17 (d) An employer may appeal the decision on the protest not
191-18 later than the 14th day after the date notice of the decision is
191-19 mailed to the employer. (V.A.C.S. Art. 5221b-5(c)(2)(B) (part).)
191-20 (Sections 204.028-204.040 reserved for expansion)
191-21 SUBCHAPTER C. GENERAL TAX RATE FOR EXPERIENCE-RATED EMPLOYERS
191-22 Sec. 204.041. TAX ON EXPERIENCE-RATED EMPLOYERS. (a) Each
191-23 employer whose account has been chargeable with benefits throughout
191-24 four or more consecutive calendar quarters shall pay contributions
191-25 at the rate prescribed by the table in Section 204.042 or a table
191-26 extended under Section 204.043.
191-27 (b) Except as provided by Subsection (c), a change in the
192-1 rate applicable to an employer takes effect on January 1.
192-2 (c) The rate for an employer who becomes subject to
192-3 contributions under Subsection (a) for the first time at the close
192-4 of a calendar quarter takes effect on the first day of the next
192-5 calendar quarter and continues in effect until the January 1 of the
192-6 next calendar year. (V.A.C.S. Arts. 5221b-5(c)(1) (part), (6)(A)
192-7 (part), (d) (part).)
192-8 Sec. 204.042. TAX RATE TABLE.
192-9 If the
192-10 replenishment and the employer's benefit ratio
192-11 ratio is does not exceed:
192-12 1.00 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90
192-13 . . .
192-14 1.20 0.00 0.08 0.16 0.25 0.33 0.41 0.50 0.58 0.66 0.75
192-15 1.21 0.00 0.08 0.16 0.24 0.33 0.41 0.49 0.57 0.66 0.74
192-16 1.22 0.00 0.08 0.16 0.24 0.32 0.40 0.49 0.57 0.65 0.73
192-17 1.23 0.00 0.08 0.16 0.24 0.32 0.40 0.48 0.56 0.65 0.73
192-18 1.24 0.00 0.08 0.16 0.24 0.32 0.40 0.48 0.56 0.64 0.72
192-19 1.25 0.00 0.08 0.16 0.24 0.32 0.40 0.48 0.56 0.64 0.72
192-20 1.26 0.00 0.07 0.15 0.23 0.31 0.39 0.47 0.55 0.63 0.71
192-21 1.27 0.00 0.07 0.15 0.23 0.31 0.39 0.47 0.55 0.62 0.70
192-22 1.28 0.00 0.07 0.15 0.23 0.31 0.39 0.46 0.54 0.62 0.70
192-23 1.29 0.00 0.07 0.15 0.23 0.31 0.38 0.46 0.54 0.62 0.69
192-24 1.30 0.00 0.07 0.15 0.23 0.30 0.38 0.46 0.53 0.61 0.69
192-25 1.31 0.00 0.07 0.15 0.22 0.30 0.38 0.45 0.53 0.61 0.68
192-26 1.32 0.00 0.07 0.15 0.22 0.30 0.37 0.45 0.53 0.60 0.68
192-27 1.33 0.00 0.07 0.15 0.22 0.30 0.37 0.45 0.53 0.60 0.67
193-1 1.34 0.00 0.07 0.14 0.22 0.29 0.37 0.44 0.52 0.59 0.67
193-2 1.35 0.00 0.07 0.14 0.22 0.29 0.37 0.44 0.51 0.59 0.66
193-3 1.36 0.00 0.07 0.14 0.22 0.29 0.36 0.44 0.51 0.58 0.66
193-4 1.37 0.00 0.07 0.14 0.21 0.29 0.36 0.43 0.51 0.58 0.65
193-5 1.38 0.00 0.07 0.14 0.21 0.28 0.36 0.43 0.50 0.57 0.65
193-6 1.39 0.00 0.07 0.14 0.21 0.28 0.35 0.43 0.50 0.57 0.64
193-7 1.40 0.00 0.07 0.14 0.21 0.28 0.35 0.42 0.50 0.57 0.64
193-8 1.41 0.00 0.07 0.14 0.21 0.28 0.35 0.42 0.49 0.56 0.63
193-9 1.42 0.00 0.07 0.14 0.21 0.28 0.35 0.42 0.49 0.56 0.63
193-10 1.43 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.48 0.55 0.62
193-11 1.44 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.48 0.55 0.62
193-12 1.45 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.48 0.55 0.62
193-13 1.46 0.00 0.06 0.13 0.20 0.27 0.34 0.41 0.47 0.54 0.62
193-14 1.47 0.00 0.06 0.13 0.20 0.27 0.34 0.40 0.47 0.54 0.61
193-15 1.48 0.00 0.06 0.13 0.20 0.27 0.33 0.40 0.47 0.54 0.60
193-16 1.49 0.00 0.06 0.13 0.20 0.26 0.33 0.40 0.46 0.53 0.60
193-17 1.50 0.00 0.06 0.13 0.20 0.26 0.33 0.40 0.46 0.53 0.60
193-18 1.51 0.00 0.06 0.13 0.19 0.26 0.33 0.39 0.46 0.52 0.59
193-19 1.52 0.00 0.06 0.13 0.19 0.26 0.32 0.39 0.46 0.52 0.59
193-20 1.53 0.00 0.06 0.13 0.19 0.26 0.32 0.39 0.45 0.52 0.58
193-21 1.54 0.00 0.06 0.12 0.19 0.25 0.32 0.38 0.45 0.51 0.58
193-22 1.55 0.00 0.06 0.12 0.19 0.25 0.32 0.38 0.45 0.51 0.58
193-23 1.56 0.00 0.06 0.12 0.19 0.25 0.32 0.38 0.44 0.51 0.57
193-24 1.57 0.00 0.06 0.12 0.19 0.25 0.31 0.38 0.44 0.50 0.57
193-25 1.58 0.00 0.06 0.12 0.18 0.25 0.31 0.37 0.44 0.50 0.56
193-26 1.59 0.00 0.06 0.12 0.18 0.25 0.31 0.37 0.44 0.50 0.56
193-27 1.60 0.00 0.06 0.12 0.18 0.25 0.31 0.37 0.43 0.50 0.56
194-1 the employer's tax rate is:
194-2 0.00% 0.1% 0.2% 0.3% 0.4% 0.5% 0.6% 0.7% 0.8% 0.9%
194-3 (V.A.C.S. Art. 5221b-5(c)(6)(A) (part).)
194-4 Sec. 204.043. EXTENSION OF TAX RATE TABLE UP TO SIX PERCENT.
194-5 (a) The commission shall extend the table in Section 204.042 by
194-6 providing additional replenishment ratios, benefit ratios, and tax
194-7 rates up to six percent.
194-8 (b) In extending the table in Section 204.042, the
194-9 commission shall use the same mathematical principles used in
194-10 constructing the table. (V.A.C.S. Art. 5221b-5(c)(6)(A) (part).)
194-11 Sec. 204.044. BENEFIT RATIO. (a) The benefit ratio for an
194-12 employer is equal to the total amounts of the employer's
194-13 chargebacks for the 36 consecutive months preceding the tax rate
194-14 computation date divided by the total of the employer's taxable
194-15 wages for the same months.
194-16 (b) The benefit ratio of an employer whose account has been
194-17 chargeable with benefits for less than 36 consecutive months but
194-18 throughout each month of at least four calendar quarters is equal
194-19 to the total amount of the employer's chargebacks for those months
194-20 preceding the tax rate computation date divided by the total of the
194-21 employer's taxable wages for those months.
194-22 (c) In computing the benefit ratio, only taxable wages on
194-23 which contributions have been paid to the commission not later than
194-24 the last day of the month in which the computation date occurs may
194-25 be used.
194-26 (d) The benefit ratio is expressed as a percentage.
194-27 (V.A.C.S. Art. 5221b-5(c)(4).)
195-1 Sec. 204.045. REPLENISHMENT RATIO. (a) The replenishment
195-2 ratio for a calendar year is computed by:
195-3 (1) dividing the numerator described in Subsection (b)
195-4 by the denominator described in Subsection (c); and
195-5 (2) rounding the result to the nearest hundredth.
195-6 (b) The numerator is equal to the amount of benefits paid
195-7 during the 12 months ending September 30 of the preceding year that
195-8 are effectively charged to employers' accounts, plus one-half of
195-9 the amount of benefits paid during that period that are not
195-10 effectively charged to employers' accounts. In computing the
195-11 amount of the benefits charged or paid, the commission shall not
195-12 include the amount of:
195-13 (1) a canceled benefit warrant;
195-14 (2) that part of a benefit that has been overpaid and
195-15 been repaid; or
195-16 (3) benefits paid that are repayable from a
195-17 reimbursing employer, the federal government, or another
195-18 governmental entity.
195-19 (c) The denominator is the total amount of benefits paid
195-20 during the 12 months ending September 30 of the preceding year that
195-21 are effectively charged to employers' accounts.
195-22 (d) The commission shall compute the replenishment ratio for
195-23 each calendar year before the date the first contribution payment
195-24 with respect to wages for employment paid in that year is due.
195-25 Once computed for the year, the replenishment ratio may not be
195-26 adjusted. (V.A.C.S. Art. 5221b-5(c)(5) (part).)
195-27 Sec. 204.046. EFFECTIVELY CHARGED BENEFITS. (a) A benefit
196-1 is not effectively charged if it is:
196-2 (1) not charged to an employer's account;
196-3 (2) charged to an employer's account after the
196-4 employer has reached maximum liability because of the maximum tax
196-5 rate; or
196-6 (3) charged to an employer's account but considered
196-7 not collectible.
196-8 (b) A benefit not described in Subsection (a) is effectively
196-9 charged. (V.A.C.S. Art. 5221b-5(c)(5) (part).)
196-10 Sec. 204.047. TAX RATE COMPUTATION DATE FOR EXPERIENCE TAX
196-11 RATE. (a) The computation date for the tax rate for the
196-12 contribution under Section 204.041 is October 1 of the year
196-13 preceding the calendar year in which the rate takes effect, except
196-14 as provided by Subsection (b).
196-15 (b) The computation date for the tax rate for the
196-16 contribution under Section 204.041(a) for an employer who becomes
196-17 subject to that tax rate for the first time is the date on which
196-18 the rate takes effect under Section 204.041(c). (V.A.C.S. Art.
196-19 5221b-5(d) (part).)
196-20 (Sections 204.048-204.060 reserved for expansion)
196-21 SUBCHAPTER D. ADJUSTMENTS TO TAX RATE FOR EXPERIENCE-RATED
196-22 EMPLOYERS
196-23 Sec. 204.061. CEILING AND FLOOR OF COMPENSATION FUND. In
196-24 computing the tax rates under this subchapter:
196-25 (1) the ceiling of the compensation fund is two
196-26 percent of the total taxable wages for the four calendar quarters
196-27 ending the preceding June 30; and
197-1 (2) the floor of the compensation fund is equal to the
197-2 greater of:
197-3 (A) $400 million; or
197-4 (B) one percent of the total taxable wages for
197-5 the four calendar quarters ending the preceding June 30. (V.A.C.S.
197-6 Arts. 5221b-5(c)(6)(B) (part), (D) (part).)
197-7 Sec. 204.062. REPLENISHMENT TAX. (a) In addition to the
197-8 general tax computed under Subchapter C, an employer entitled to an
197-9 experience rate shall pay a replenishment tax at the rate computed
197-10 by:
197-11 (1) dividing the numerator described by Subsection (b)
197-12 by the denominator described by Subsection (c);
197-13 (2) dividing that result by 100 to obtain a
197-14 percentage; and
197-15 (3) rounding that result to the nearest hundredth.
197-16 (b) The numerator is an amount equal to one-half of the
197-17 amount of benefits paid by all employers during the 12 months
197-18 ending the preceding September 30 that are not effectively charged.
197-19 (c) The denominator is an amount equal to the taxable wages
197-20 paid by all employers during the four quarters ending the preceding
197-21 June 30. (V.A.C.S. Art. 5221b-5(c)(8).)
197-22 Sec. 204.063. DEFICIT TAX. (a) If the amount of money in
197-23 the compensation fund on a tax rate computation date is less than
197-24 the floor of the compensation fund, a deficit tax rate is added for
197-25 the next calendar year to the general tax rate for each employer
197-26 entitled to an experience rate for that year.
197-27 (b) The deficit tax rate for a calendar year is the lesser
198-1 of:
198-2 (1) the rate computed by multiplying the deficit
198-3 ratio, as computed under Section 204.064, by the sum of the
198-4 employer's general tax rate, the replenishment tax rate, and the
198-5 deficit tax rate for the previous calendar year; or
198-6 (2) two percent. (V.A.C.S. Art. 5221b-5(c)(6)(B)
198-7 (part).)
198-8 Sec. 204.064. DEFICIT RATIO. (a) The deficit ratio is
198-9 computed by:
198-10 (1) dividing the numerator computed under Subsection
198-11 (b) by the denominator described by Subsection (c); and
198-12 (2) rounding that result to the nearest hundredth.
198-13 (b) The numerator is computed by subtracting the balance of
198-14 the compensation fund, considering any federal advance or other
198-15 liability of the fund, from the floor of the compensation fund.
198-16 (c) The denominator is the amount of contributions due under
198-17 the general tax rate and the replenishment rate for the four
198-18 calendar quarters ending the preceding September 30 from employers
198-19 entitled to an experience rate on the tax rate computation date.
198-20 (V.A.C.S. Art. 5221b-5(c)(6)(C).)
198-21 Sec. 204.065. CREDIT. (a) If the amount in the
198-22 compensation fund on a tax rate computation date is more than the
198-23 ceiling of the compensation fund, an employer entitled to an
198-24 experience rate on the computation date is entitled to a credit to
198-25 be applied beginning with contributions for the first quarter of
198-26 the following year.
198-27 (b) The amount of the credit is computed by multiplying the
199-1 surplus ratio computed under Section 204.066 by the employer's
199-2 contributions due for the four calendar quarters ending the
199-3 preceding September 30.
199-4 (c) An employer may not apply a credit against delinquent
199-5 contributions. A credit may not be applied until the employer has
199-6 paid any delinquent contributions. (V.A.C.S. Arts.
199-7 5221b-5(c)(6)(D) (part), (F).)
199-8 Sec. 204.066. SURPLUS RATIO. (a) The surplus ratio is
199-9 computed by:
199-10 (1) dividing the numerator computed under Subsection
199-11 (b) by the denominator described by Subsection (c); and
199-12 (2) rounding that result to the nearest hundredth.
199-13 (b) The numerator is computed by subtracting the ceiling of
199-14 the compensation fund from the balance of the compensation fund.
199-15 (c) The denominator is the amount of contributions due for
199-16 the four calendar quarters ending the preceding September 30 from
199-17 employers entitled to an experience rate on the tax rate
199-18 computation date. (V.A.C.S. Art. 5221b-5(c)(6)(E).)
199-19 (Sections 204.067-204.080 reserved for expansion)
199-20 SUBCHAPTER E. ACQUISITION OF EXPERIENCE-RATED EMPLOYER
199-21 Sec. 204.081. DEFINITION. In this subchapter, "compensation
199-22 experience" includes the period that benefit wage credits or
199-23 benefits have been chargeable and any other factor under Subchapter
199-24 A, B, C, or D necessary to the computation of experience rating
199-25 under those subchapters. (V.A.C.S. Art. 5221b-5(c)(7)(E).)
199-26 Sec. 204.082. EFFECTIVE DATE OF ACQUISITION. For purposes
199-27 of this subchapter, an acquisition is effective on the first day of
200-1 the calendar quarter in which the acquisition occurs. (V.A.C.S.
200-2 Art. 5221b-5(c)(7)(F).)
200-3 Sec. 204.083. ACQUISITION OF ALL OF EXPERIENCE-RATED
200-4 ORGANIZATION, TRADE, OR BUSINESS. An employing unit that acquires
200-5 all of the organization, trade, or business of an employer and that
200-6 continues operation of the organization, trade, or business
200-7 acquires the compensation experience of the predecessor employer if
200-8 on the date of the acquisition, a shareholder, officer, or other
200-9 owner of a legal or equitable interest in the predecessor employer,
200-10 or the spouse or a person within the first degree of consanguinity
200-11 or affinity, as determined under Article 5996h, Revised Statutes,
200-12 of the shareholder, officer, or other owner:
200-13 (1) is a shareholder, officer, or other owner of a
200-14 legal or equitable interest in the successor employing unit; or
200-15 (2) holds an option to purchase a legal or equitable
200-16 interest in the successor employing unit. (V.A.C.S. Arts.
200-17 5221b-5(c)(7)(A)(i), (iii).)
200-18 Sec. 204.084. ACQUISITION OF PART OF EXPERIENCE-RATED
200-19 ORGANIZATION, TRADE, OR BUSINESS: APPROVAL OF TRANSFER OF
200-20 COMPENSATION EXPERIENCE. (a) If an employing unit acquires a part
200-21 of the organization, trade, or business of an employer, the
200-22 successor employing unit and the predecessor employer may jointly
200-23 make a written application to the commission to transfer the
200-24 compensation experience of the predecessor employer that is
200-25 attributable to the part of the organization, trade, or business
200-26 acquired to the successor employing unit.
200-27 (b) If the acquisition results from the death of the
201-1 predecessor employer, the requirement that the predecessor employer
201-2 join in the application for transfer of the compensation experience
201-3 does not apply.
201-4 (c) The commission shall approve an application if:
201-5 (1) immediately after the acquisition the successor
201-6 employing unit continues operation of substantially the same part
201-7 of the organization, trade, or business acquired;
201-8 (2) the predecessor employer waives in writing all
201-9 rights to an experience rating computed on the compensation
201-10 experience attributable to the part of the organization, trade, or
201-11 business acquired by the successor employing unit, unless the
201-12 acquisition results from the death of the predecessor employer;
201-13 (3) a definitely identifiable and segregable part of
201-14 the predecessor employer's compensation experience is attributable
201-15 to the part of the organization, trade, or business acquired; and
201-16 (4) for a successor employing unit that is not an
201-17 employer at the time of the acquisition, the successor employing
201-18 unit elects to become an employer on the date of the acquisition or
201-19 otherwise becomes an employer during the year in which the
201-20 acquisition occurs. (V.A.C.S. Arts. 5221b-5(c)(7)(B), (D).)
201-21 Sec. 204.085. CONTRIBUTION RATE FOR SUCCESSOR EMPLOYER. (a)
201-22 A successor employing unit that is subject to Section 204.083 or
201-23 204.084 and is an experience-rated employer on the date of the
201-24 acquisition shall pay contributions from the date of the
201-25 acquisition until the end of the calendar year in which the
201-26 acquisition occurred at the rate applicable to the successor
201-27 employing unit on the date of the acquisition.
202-1 (b) A successor employing unit that is subject to Section
202-2 204.083 or 204.084 and is not an experience-rated employer on the
202-3 date of the acquisition shall pay contributions from the date of
202-4 the acquisition until the next tax rate computation date at the
202-5 highest rate applicable at the time of the acquisition to any
202-6 predecessor employer who is a party to the acquisition. (V.A.C.S.
202-7 Arts. 5221b-5(c)(7)(A)(ii), (C).)
202-8 Sec. 204.086. COLLECTION OF CONTRIBUTION, PENALTY, OR
202-9 INTEREST FROM SUCCESSOR EMPLOYER. (a) An individual or employing
202-10 unit that acquires the organization, trade, or business or
202-11 substantially all of the assets of an organization, trade, or
202-12 business of an employer who, at the time of the acquisition, is
202-13 indebted to the commission for a contribution, a penalty, or
202-14 interest, is liable to the commission for prompt payment of the
202-15 contribution, penalty, or interest.
202-16 (b) If not paid, the commission may bring suit for the
202-17 collection of a contribution, a penalty, or interest as though the
202-18 contribution, penalty, or interest had been incurred by the
202-19 successor employer. (V.A.C.S. Art. 5221b-12(o).)
202-20 (Sections 204.087-204.100 reserved for expansion)
202-21 SUBCHAPTER F. SPECIAL CONTRIBUTIONS FOR GOVERNMENTAL EMPLOYERS
202-22 Sec. 204.101. CONTRIBUTION FROM GOVERNMENTAL EMPLOYER. A
202-23 governmental employer shall pay a contribution in accordance with
202-24 this subchapter and rules adopted by the commission on wages paid
202-25 for employment during each year or portion of the year in which the
202-26 governmental employer is subject to this subtitle. (V.A.C.S. Arts.
202-27 5221b-5b(a), (b)(1) (part).)
203-1 Sec. 204.102. CONTRIBUTION NOT DEDUCTION FROM WAGES. A
203-2 contribution paid by a governmental employer may not be deducted
203-3 from the wages of individuals in the employer's employ. (V.A.C.S.
203-4 Art. 5221b-5b(b)(1) (part).)
203-5 Sec. 204.103. RATE OF CONTRIBUTIONS FOR GOVERNMENTAL
203-6 EMPLOYERS. (a) The rate of the contribution required under
203-7 Section 204.101 for each calendar year is equal to the greater of:
203-8 (1) one-tenth of one percent; or
203-9 (2) the percentage, adjusted to the next higher
203-10 one-tenth of one percent, computed by dividing the numerator
203-11 described by Subsection (b) by the denominator described by
203-12 Subsection (c).
203-13 (b) The numerator is the amount of all benefits paid during
203-14 the preceding calendar year based on wage credits earned from
203-15 employers that pay contributions under this subchapter, not
203-16 including benefit payments that are reimbursable from any other
203-17 source. If the amount of benefits paid during the period used for
203-18 determining the rate is greater than the contributions paid by the
203-19 same employers for the same period, the amount of the benefits paid
203-20 in excess of the amount of contributions collected shall be added
203-21 to the numerator in determining the contribution rate. If the
203-22 amount of benefits paid for the period used for determining the
203-23 rate is less than the contributions paid by the same employers for
203-24 the same period, that amount shall be deducted from the numerator
203-25 in computing the rate.
203-26 (c) The denominator is the amount of the total wages paid
203-27 during the preceding calendar year by all employers that pay
204-1 contributions under this subchapter. (V.A.C.S. Art. 5221b-5b(b)(2)
204-2 (part).)
204-3 Sec. 204.104. ACCOUNTING FOR GOVERNMENTAL EMPLOYERS. The
204-4 commission shall account separately for benefits paid and
204-5 contributions collected under this subchapter, and these benefits
204-6 and contributions may not be used in determining contribution rates
204-7 under Subchapters A, B, C, and D. (V.A.C.S. Art. 5221b-5b(e)
204-8 (part).)
204-9 Sec. 204.105. PAST DUE CONTRIBUTIONS. (a) A governmental
204-10 employer that fails to pay a contribution due under this subchapter
204-11 on the date it is due as prescribed by the commission is subject to
204-12 the same penalties as provided for other employers under Section
204-13 213.021.
204-14 (b) The provisions for collecting delinquent contributions
204-15 under Chapter 213 apply to a governmental employer.
204-16 (c) The commission shall notify the comptroller in writing
204-17 of the name of each governmental employer that is delinquent in
204-18 payment of contributions under this subtitle and the amount of the
204-19 delinquency. On receipt of the notice, the comptroller shall pay
204-20 the amount of the delinquency to the commission from any funds that
204-21 otherwise would be due from the state to the delinquent
204-22 governmental employer. (V.A.C.S. Arts. 5221b-5b(b)(3), (c)(1), (2)
204-23 (part).)
204-24 Sec. 204.106. REPORTS AND RECORDS. (a) A governmental
204-25 employer shall keep records and file reports with the commission
204-26 relating to individuals in its employ as required by rules adopted
204-27 by the commission.
205-1 (b) A governmental employer that does not keep the records
205-2 or file the reports when due is subject to the same penalties
205-3 provided for other employers under Sections 213.022, 213.023,
205-4 213.024, and 213.056. (V.A.C.S. Art. 5221b-5b(d).)
205-5 CHAPTER 205. REIMBURSEMENTS
205-6 SUBCHAPTER A. ELECTION TO BECOME REIMBURSING EMPLOYER
205-7 Sec. 205.001. REIMBURSEMENTS OR CONTRIBUTIONS BY GOVERNMENTAL
205-8 ENTITY
205-9 Sec. 205.002. ELECTION BY NONPROFIT ORGANIZATION
205-10 Sec. 205.003. COMMISSION TERMINATION OF ELECTION
205-11 (Sections 205.004-205.010 reserved for expansion)
205-12 SUBCHAPTER B. GENERAL PROVISIONS
205-13 Sec. 205.011. APPLICABILITY OF SUBTITLE; WAIVER BY REIMBURSING
205-14 EMPLOYER
205-15 Sec. 205.012. PAYMENT OF REIMBURSEMENT
205-16 Sec. 205.013. BILLING; AMOUNT OF REIMBURSEMENTS
205-17 Sec. 205.014. PROPORTIONATE ALLOCATION OF BENEFIT COSTS--MORE
205-18 THAN ONE EMPLOYER AND AT LEAST ONE
205-19 REIMBURSING EMPLOYER
205-20 Sec. 205.015. CONTINUED LIABILITY FOR REIMBURSEMENT
205-21 Sec. 205.016. COLLECTION OF DELINQUENT REIMBURSEMENT; EFFECT
205-22 OF FAILURE TO SUBMIT CERTAIN REPORTS
205-23 Sec. 205.017. DELINQUENT GOVERNMENTAL EMPLOYERS
205-24 Sec. 205.018. PAYMENT OF BENEFITS FROM COMPENSATION FUND;
205-25 NO EFFECT ON REPLENISHMENT RATIO
205-26 (Sections 205.019-205.020 reserved for expansion)
205-27 SUBCHAPTER C. GROUP ACCOUNT
206-1 Sec. 205.021. APPROVAL OF GROUP ACCOUNT; EFFECTIVE DATE
206-2 Sec. 205.022. DURATION AND TERMINATION OF GROUP ACCOUNT
206-3 Sec. 205.023. GROUP MEMBER'S REIMBURSEMENT AMOUNT
206-4 Sec. 205.024. REPORTS AND RECORDS
206-5 Sec. 205.025. COMMISSION RULES
206-6 (Sections 205.026-205.030 reserved for expansion)
206-7 SUBCHAPTER D. BONDS AND OTHER SAFEGUARDS
206-8 Sec. 205.031. BOND
206-9 Sec. 205.032. ADDITIONAL SAFEGUARDS
206-10 (Sections 205.033-205.040 reserved for expansion)
206-11 SUBCHAPTER E. STATE ELECTIONS
206-12 Sec. 205.041. STATE ELECTION TO BE REIMBURSING EMPLOYER
206-13 Sec. 205.042. COVERAGE OF STATE EMPLOYEES WORKING OUTSIDE
206-14 STATE
206-15 CHAPTER 205. REIMBURSEMENTS
206-16 SUBCHAPTER A. ELECTION TO BECOME REIMBURSING EMPLOYER
206-17 Sec. 205.001. REIMBURSEMENTS OR CONTRIBUTIONS BY
206-18 GOVERNMENTAL ENTITY. (a) A state, a political subdivision of a
206-19 state, or an instrumentality of a state or a political subdivision
206-20 of a state may elect to pay reimbursements for benefits instead of
206-21 contributions.
206-22 (b) The election must be made not later than the 45th day
206-23 after the date on which notice that an employer is subject to this
206-24 subtitle is mailed to the employer.
206-25 (c) The election is effective January 1 of the year in which
206-26 the employer becomes subject to this subtitle.
206-27 (d) An election is effective for at least two calendar years
207-1 and may be terminated after the minimum period by filing with the
207-2 commission not later than December 1 a written request for
207-3 termination. The termination is effective January 1 of the
207-4 following year. (V.A.C.S. Arts. 5221b-6(b)(2), (3), (4).)
207-5 Sec. 205.002. ELECTION BY NONPROFIT ORGANIZATION. (a) A
207-6 nonprofit organization that is described by Section 201.023 or a
207-7 group of those organizations subject to this subtitle may elect to
207-8 pay reimbursements for benefits instead of contributions.
207-9 (b) An election under this section must be made not later
207-10 than the 45th day after the date on which notice that the employer
207-11 is subject to this subtitle is mailed to the employer.
207-12 (c) The election is effective January 1 of the year in which
207-13 the employer becomes subject to this subtitle.
207-14 (d) The election is effective for at least two calendar
207-15 years and may not be terminated before the expiration of that
207-16 period, except as provided in Sections 205.003 and 205.031.
207-17 (e) An election may be withdrawn by written application by
207-18 the employer filed with the commission not later than December 1
207-19 before the year for which the employer wishes to change the
207-20 employer's method of payment. The method of payment may be changed
207-21 again if a timely application is filed after a minimum of two
207-22 calendar years.
207-23 (f) An election to pay reimbursements terminates at any time
207-24 coverage terminates under this subtitle. An employer whose
207-25 election terminates because of termination of coverage, on again
207-26 becoming an employer subject to this subtitle, may reelect to pay
207-27 reimbursements. (V.A.C.S. Art. 5221b-6(b)(1).)
208-1 Sec. 205.003. COMMISSION TERMINATION OF ELECTION. (a) The
208-2 commission may terminate an employer's election to make
208-3 reimbursements if the employer is delinquent in making
208-4 reimbursements under this chapter.
208-5 (b) A termination under this section takes effect at the
208-6 beginning of the next tax year and remains in effect for that tax
208-7 year and the following tax year. (V.A.C.S. Art. 5221b-5a(i).)
208-8 (Sections 205.004-205.010 reserved for expansion)
208-9 SUBCHAPTER B. GENERAL PROVISIONS
208-10 Sec. 205.011. APPLICABILITY OF SUBTITLE; WAIVER BY
208-11 REIMBURSING EMPLOYER. (a) A reimbursing employer is entitled to
208-12 the rights and privileges and subject to the duties and
208-13 responsibilities of all provisions of this subtitle other than the
208-14 following provisions of Chapter 204, which do not apply to a
208-15 reimbursing employer:
208-16 (1) Sections 204.001-204.008;
208-17 (2) Subchapters B, C, and D of Chapter 204; and
208-18 (3) Sections 204.081-204.085.
208-19 (b) An election to become a reimbursing employer is a waiver
208-20 of the rights afforded under Chapter 204 that do not apply to a
208-21 reimbursing employer. (V.A.C.S. Art. 5221b-5a(f)).
208-22 Sec. 205.012. PAYMENT OF REIMBURSEMENT. A reimbursing
208-23 employer shall pay a reimbursement to the commission in accordance
208-24 with this chapter and rules adopted by the commission. (V.A.C.S.
208-25 Arts. 5221b-5a(a) (part), (b) (part).)
208-26 Sec. 205.013. BILLING; AMOUNT OF REIMBURSEMENTS. (a) A
208-27 reimbursing employer shall pay to the commission an amount equal to
209-1 the regular benefits plus, except as provided by Subsection (c),
209-2 one-half of the extended benefits paid during that quarter that are
209-3 attributable to service in the employ of the employer.
209-4 (b) At the end of each calendar quarter the commission shall
209-5 bill each reimbursing employer for the amount described under
209-6 Subsection (a).
209-7 (c) A state, a political subdivision of a state, or any
209-8 instrumentality of any one or more states or political subdivisions
209-9 of a state that is wholly owned by one or more states or political
209-10 subdivisions of a state that is a reimbursing employer shall pay
209-11 100 percent of the extended benefits paid on benefit wage credits
209-12 earned from that employer. (V.A.C.S. Arts. 5221b-5a(b) (part), (c)
209-13 (part), (m).)
209-14 Sec. 205.014. PROPORTIONATE ALLOCATION OF BENEFIT
209-15 COSTS--MORE THAN ONE EMPLOYER AND AT LEAST ONE REIMBURSING
209-16 EMPLOYER. If benefits to an individual are computed on benefit
209-17 wage credits earned from more than one employer, at least one of
209-18 whom is a reimbursing employer, the amount payable to the
209-19 compensation fund by each reimbursing employer is the amount that
209-20 bears the same ratio to the total benefits paid to the individual
209-21 as the total base period benefit wage credits for the individual
209-22 from that employer bears to the total base period benefit wage
209-23 credits for the individual from all employers. (V.A.C.S. Art.
209-24 5221b-5a(c) (part).)
209-25 Sec. 205.015. CONTINUED LIABILITY FOR REIMBURSEMENT. An
209-26 employer who has elected reimbursement under Section 205.001 or
209-27 205.002 shall pay reimbursements for benefits that are attributable
210-1 to service in the employ of the employer during the period of the
210-2 election, even if the employer is no longer a reimbursing employer
210-3 when the benefits are paid. (V.A.C.S. Art. 5221b-5a(g).)
210-4 Sec. 205.016. COLLECTION OF DELINQUENT REIMBURSEMENT; EFFECT
210-5 OF FAILURE TO SUBMIT CERTAIN REPORTS. A reimbursing employer who
210-6 fails to pay a reimbursement on the date on which the reimbursement
210-7 is due, or who fails to submit records and reports, as prescribed
210-8 by the commission, is subject to the following in the same manner
210-9 as an employer who does not pay a contribution when due:
210-10 (1) Sections 213.004, 213.005, 213.006, 213.008, and
210-11 213.009;
210-12 (2) Subchapters B, C, D, and E of Chapter 213, other
210-13 than Section 213.058; and
210-14 (3) Section 204.086. (V.A.C.S. Art. 5221b-5a(e).)
210-15 Sec. 205.017. DELINQUENT GOVERNMENTAL EMPLOYERS. The
210-16 commission shall notify the comptroller in writing of the name of a
210-17 governmental employer that is delinquent in payment of
210-18 reimbursements under this subtitle and the amount of the
210-19 delinquency. On receipt of the notice, the comptroller shall pay
210-20 the amount of the delinquency to the commission from any funds that
210-21 otherwise would be due from the state to the delinquent
210-22 governmental employer. (V.A.C.S. Art. 5221b-5b(c)(2) (part).)
210-23 Sec. 205.018. PAYMENT OF BENEFITS FROM COMPENSATION FUND; NO
210-24 EFFECT ON REPLENISHMENT RATIO. Benefits computed on wages earned
210-25 from a reimbursing employer and reimbursements for the benefits may
210-26 not be used in computing the replenishment ratio under Section
210-27 204.045. (V.A.C.S. Art. 5221b-5a(l).)
211-1 (Sections 205.019-205.020 reserved for expansion)
211-2 SUBCHAPTER C. GROUP ACCOUNT
211-3 Sec. 205.021. APPROVAL OF GROUP ACCOUNT; EFFECTIVE DATE.
211-4 (a) On approval of an application submitted by two or more
211-5 reimbursing employers, the commission shall establish a group
211-6 account for the employers to share the cost of benefits that are
211-7 attributable to service in the employ of the employers.
211-8 (b) The application must identify and authorize a group
211-9 representative to act as the group's agent for the purpose of this
211-10 subchapter.
211-11 (c) The group account takes effect at the beginning of the
211-12 calendar quarter in which the commission received the application.
211-13 The commission shall notify the group's representative of the
211-14 effective date of the account. (V.A.C.S. Art. 5221b-5a(h) (part).)
211-15 Sec. 205.022. DURATION AND TERMINATION OF GROUP ACCOUNT.
211-16 (a) A group account must remain in effect for not less than two
211-17 years.
211-18 (b) After two years, the account may be terminated at the
211-19 discretion of the commission or on application by the group. The
211-20 termination is effective January 1 of the next year. (V.A.C.S.
211-21 Art. 5221b-5a(h) (part).)
211-22 Sec. 205.023. GROUP MEMBER'S REIMBURSEMENT AMOUNT. On
211-23 establishment of a group account, each member of the group is
211-24 liable for reimbursements for each calendar quarter in the amount
211-25 that bears the same ratio to the total benefits paid in the quarter
211-26 attributable to service in the employ of all members of the group
211-27 as the total wages paid for service in employment in the quarter by
212-1 the member bears to the total wages paid in the quarter by all
212-2 members of the group. (V.A.C.S. Art. 5221b-5a(h) (part).)
212-3 Sec. 205.024. REPORTS AND RECORDS. Each member of a group
212-4 shall keep accurate employment records and submit reports as
212-5 required by the commission relating to persons employed by the
212-6 member. (V.A.C.S. Art. 5221b-5a(h) (part).)
212-7 Sec. 205.025. COMMISSION RULES. The commission shall as
212-8 necessary adopt rules on:
212-9 (1) an application for the establishment, maintenance,
212-10 and termination of a group account authorized by this subchapter;
212-11 (2) the type of records to be kept and reports to be
212-12 submitted by a group of employers;
212-13 (3) the addition of a new member to a group;
212-14 (4) the withdrawal of an active member from a group;
212-15 and
212-16 (5) the determination of the amount of reimbursements
212-17 payable under this subchapter by members of a group and the time
212-18 and manner of those payments. (V.A.C.S. Art. 5221b-5a(h) (part).)
212-19 (Sections 205.026-205.030 reserved for expansion)
212-20 SUBCHAPTER D. BONDS AND OTHER SAFEGUARDS
212-21 Sec. 205.031. BOND. (a) The commission may require a
212-22 reimbursing employer or group of reimbursing employers to execute
212-23 and file with the commission a surety bond approved by the
212-24 commission.
212-25 (b) The amount of the bond shall be determined in accordance
212-26 with rules adopted by the commission.
212-27 (c) The commission may require adjustments to a filed bond
213-1 as it considers appropriate.
213-2 (d) If a reimbursing employer covered by a bond fails to pay
213-3 the full amount of reimbursements when due, together with any
213-4 applicable interest and penalties required under this subtitle, the
213-5 surety is liable on the bond, to the extent of the bond, as though
213-6 the surety were the employer.
213-7 (e) If a reimbursing employer fails to execute and file bond
213-8 when directed to do so by the commission, the commission may
213-9 terminate the employer's election to make reimbursements effective
213-10 at the beginning of the next tax year. The termination remains
213-11 effective for that tax year and the following tax year. (V.A.C.S.
213-12 Art. 5221b-5a(j).)
213-13 Sec. 205.032. ADDITIONAL SAFEGUARDS. The commission may
213-14 provide additional safeguards as necessary to ensure that a
213-15 reimbursing employer pays the reimbursements required under
213-16 Subchapters B and C. (V.A.C.S. Art. 5221b-5a(k).)
213-17 (Sections 205.033-205.040 reserved for expansion)
213-18 SUBCHAPTER E. STATE ELECTIONS
213-19 Sec. 205.041. STATE ELECTION TO BE REIMBURSING EMPLOYER.
213-20 (a) This state is a reimbursing employer subject to this subtitle
213-21 for all services performed in the employ of:
213-22 (1) this state;
213-23 (2) a branch or department of this state; or
213-24 (3) an instrumentality of this state that is not
213-25 otherwise an employer.
213-26 (b) All services performed in the employ of this state, a
213-27 branch or department of this state, or an instrumentality of this
214-1 state are employment.
214-2 (c) Subsection (a) does not apply to a political subdivision
214-3 of this state.
214-4 (d) The commission shall provide to each state agency an
214-5 annual statement showing the benefits paid by the commission during
214-6 the year that are attributable to that agency. (V.A.C.S. Art.
214-7 5221b-22d.)
214-8 Sec. 205.042. COVERAGE OF STATE EMPLOYEES WORKING OUTSIDE
214-9 STATE. If the commission is unable to execute a reciprocal
214-10 agreement under Chapter 211 to cover an employee of this state who
214-11 works outside this state, the employing agency shall become a
214-12 reimbursing employer if permitted by the law of the state in which
214-13 the employee works. If the agency is not permitted to be a
214-14 reimbursing employer, the agency may pay the required contribution
214-15 for that employee from funds available for that purpose. (V.A.C.S.
214-16 Art. 5221b-22dd.)
214-17 CHAPTER 206. UNEMPLOYMENT INSURANCE COVERAGE
214-18 Sec. 206.001. YEARLY COVERAGE
214-19 Sec. 206.002. ELECTION OF COVERAGE AS EMPLOYER
214-20 Sec. 206.003. ELECTION OF COVERAGE REGARDING SERVICES
214-21 NOT CONSTITUTING EMPLOYMENT
214-22 Sec. 206.004. TERMINATION OF COVERAGE
214-23 Sec. 206.005. PREVIOUS RIGHTS LOST BY CESSATION OF
214-24 COVERAGE
214-25 CHAPTER 206. UNEMPLOYMENT INSURANCE COVERAGE
214-26 Sec. 206.001. YEARLY COVERAGE. An employing unit that is or
214-27 becomes an employer in a calendar year is subject to this subtitle
215-1 during that entire calendar year. (V.A.C.S. Art. 5221b-6(a).)
215-2 Sec. 206.002. ELECTION OF COVERAGE AS EMPLOYER. (a) An
215-3 employing unit that is not otherwise subject to this subtitle may
215-4 elect coverage as an employer for not less than two calendar years.
215-5 (b) Subsection (a) does not apply to an employing unit to
215-6 which Section 205.001 or 205.002 applies.
215-7 (c) On written approval by the commission of an election
215-8 under Subsection (a), the employing unit making the election
215-9 becomes an employer to the same extent as all other employers
215-10 beginning on the date stated in the approval. (V.A.C.S. Art.
215-11 5221b-6(b)(5).)
215-12 Sec. 206.003. ELECTION OF COVERAGE REGARDING SERVICES NOT
215-13 CONSTITUTING EMPLOYMENT. (a) An employing unit may elect for not
215-14 less than two calendar years that all services that do not
215-15 constitute employment and that are performed by individuals in its
215-16 employ in one or more distinct establishments or places of business
215-17 are to be considered employment for all purposes of this subtitle.
215-18 (b) An election under Subsection (a) must be in writing and
215-19 be filed with the commission.
215-20 (c) On written approval by the commission of an election
215-21 under Subsection (a), the services constitute employment during the
215-22 period elected, beginning on the date stated in the approval.
215-23 (V.A.C.S. Art. 5221b-6(b)(6).)
215-24 Sec. 206.004. TERMINATION OF COVERAGE. (a) An employing
215-25 unit may cease to be an employer only on January 1 of a year and
215-26 only if the commission finds that:
215-27 (1) the employing unit was not an employer during the
216-1 preceding year; or
216-2 (2) the employing unit has not had any individuals in
216-3 employment during the preceding three calendar years.
216-4 (b) The commission may not make a finding under Subsection
216-5 (a)(1) unless the employing unit files an application for
216-6 termination of coverage with the commission on or after January 1
216-7 but before April 1 of the year for which termination is requested.
216-8 The commission may make a finding under Subsection (a)(2) without
216-9 an application having been filed. (V.A.C.S. Arts. 5221b-6(c)(1),
216-10 (2).)
216-11 Sec. 206.005. PREVIOUS RIGHTS LOST BY CESSATION OF COVERAGE.
216-12 When an employing unit that ceased to be an employer subsequently
216-13 becomes an employer, the employing unit is considered to be a new
216-14 employer without regard to the rights that employing unit acquired
216-15 when previously an employer. (V.A.C.S. Art. 5221b-6(d).)
216-16 CHAPTER 207. BENEFITS
216-17 SUBCHAPTER A. PAYMENT OF BENEFITS
216-18 Sec. 207.001. PAYMENT OF BENEFITS
216-19 Sec. 207.002. BENEFITS FOR TOTAL UNEMPLOYMENT
216-20 Sec. 207.003. BENEFITS FOR PARTIAL UNEMPLOYMENT
216-21 Sec. 207.004. BENEFIT WAGE CREDITS
216-22 Sec. 207.005. MAXIMUM AMOUNT OF BENEFITS
216-23 Sec. 207.006. ADJUSTMENT OF BENEFITS
216-24 Sec. 207.007. FEES LIMITATION; LEGAL REPRESENTATION;
216-25 CRIMINAL OFFENSE; PENALTY
216-26 Sec. 207.008. SUITABLE WORK
216-27 (Sections 207.009-207.020 reserved for expansion)
217-1 SUBCHAPTER B. BENEFIT ELIGIBILITY
217-2 Sec. 207.021. BENEFIT ELIGIBILITY CONDITIONS
217-3 Sec. 207.022. COMMISSION-APPROVED TRAINING
217-4 Sec. 207.023. TRAINING UNDER THE TRADE ACT OF 1974
217-5 Sec. 207.024. CLAIM FILED OR RESIDENCE IN ANOTHER
217-6 STATE OR COUNTRY
217-7 Sec. 207.025. PREGNANCY OR TERMINATION OF PREGNANCY
217-8 (Sections 207.026-207.040 reserved for expansion)
217-9 SUBCHAPTER C. EXCEPTIONS TO AND DISQUALIFICATION
217-10 FOR BENEFITS
217-11 Sec. 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS
217-12 Sec. 207.042. ATHLETES
217-13 Sec. 207.043. ALIENS
217-14 Sec. 207.044. DISCHARGE FOR MISCONDUCT
217-15 Sec. 207.045. VOLUNTARILY LEAVING WORK
217-16 Sec. 207.046. INVOLUNTARY SEPARATION
217-17 Sec. 207.047. FAILURE TO APPLY FOR, ACCEPT, OR
217-18 RETURN TO WORK
217-19 Sec. 207.048. LABOR DISPUTES
217-20 Sec. 207.049. RECEIPT OF REMUNERATION
217-21 Sec. 207.050. RECEIPT OF PENSION OR ANNUITY
217-22 Sec. 207.051. SALE OF BUSINESS
217-23 Sec. 207.052. ATTENDING EDUCATIONAL INSTITUTION
217-24 Sec. 207.053. REFUSAL TO TREAT COMMUNICABLE DISEASE
217-25 (Sections 207.054-207.070 reserved for expansion)
217-26 SUBCHAPTER D. PROTECTION OF BENEFIT RIGHTS
217-27 Sec. 207.071. WAIVER, RELEASE, OR COMMUTATION
218-1 AGREEMENT INVALID
218-2 Sec. 207.072. ACCEPTANCE OR REQUIREMENT OF
218-3 WAIVER PROHIBITED
218-4 Sec. 207.073. PROHIBITED DEDUCTION FROM WAGES
218-5 Sec. 207.074. CRIMINAL OFFENSE; PENALTY
218-6 Sec. 207.075. ASSIGNMENT OF BENEFITS PROHIBITED;
218-7 BENEFIT EXEMPTIONS
218-8 Sec. 207.076. EQUAL TREATMENT
218-9 (Sections 207.077-207.090 reserved for expansion)
218-10 SUBCHAPTER E. CHILD SUPPORT OBLIGATIONS
218-11 Sec. 207.091. DEFINITIONS
218-12 Sec. 207.092. DISCLOSURE OF CHILD SUPPORT OBLIGATIONS
218-13 Sec. 207.093. WITHHOLDING OF CHILD SUPPORT BY COMMISSION
218-14 Sec. 207.094. FEDERAL LAW REQUIREMENT
218-15 CHAPTER 207. BENEFITS
218-16 SUBCHAPTER A. PAYMENT OF BENEFITS
218-17 Sec. 207.001. PAYMENT OF BENEFITS. Benefits are paid
218-18 through the commission in accordance with rules adopted by the
218-19 commission and are due and payable under this subtitle only to the
218-20 extent provided by this subtitle. (V.A.C.S. Arts. 5221b-1(a),
218-21 5221b-16 (part).)
218-22 Sec. 207.002. BENEFITS FOR TOTAL UNEMPLOYMENT. (a) An
218-23 eligible individual who is totally unemployed in a benefit period
218-24 is entitled to benefits for the benefit period at the rate of 1/25
218-25 of the wages received by the individual from employment by
218-26 employers during that quarter in the individual's base period in
218-27 which wages were highest. The rate of benefits paid under this
219-1 section may not be more than $84 or less than $15 for each benefit
219-2 period.
219-3 (b) For each complete increment of $10 by which the annual
219-4 average of the manufacturing production workers' average weekly
219-5 wage in this state exceeds the 1976 average weekly wage for those
219-6 workers, as determined by the commission and published in its
219-7 report, "The Average Weekly Wage," the maximum benefit amount
219-8 established in Subsection (a) is increased by $7 and the minimum
219-9 benefit amount established in Subsection (a) is increased by $1.
219-10 (c) The commission shall compute the maximum benefit amount
219-11 for a claim filed on or after October 1, 1989, without
219-12 consideration of any increase in the average weekly wage for
219-13 manufacturing workers in this state for the years 1986 and 1987.
219-14 (d) An increase in maximum and minimum benefit amounts under
219-15 this section takes effect on October 1 following publication of
219-16 "The Average Weekly Wage" report.
219-17 (e) The maximum benefit amount payable to an individual for
219-18 a benefit period under this section on the effective date of a
219-19 valid claim is the maximum benefit amount payable to that
219-20 individual until the individual establishes a new benefit year.
219-21 (f) In this section, "wages" has the meaning assigned in
219-22 Subchapter F, Chapter 201, except that the limitation of wages
219-23 provided in Section 201.082(1) does not apply. (V.A.C.S. Arts.
219-24 5221b-1(b) (part), (b-1) (part), (e) (part).)
219-25 Sec. 207.003. BENEFITS FOR PARTIAL UNEMPLOYMENT. (a) An
219-26 eligible individual who is partially unemployed in a benefit period
219-27 is entitled to partial benefits for that benefit period.
220-1 (b) The amount of a partial benefit is computed by:
220-2 (1) adding the individual's benefit amount and the
220-3 greater of $5 or 25 percent of the benefit amount; and
220-4 (2) subtracting the amount of the wages earned by the
220-5 individual during the benefit period from the amount computed under
220-6 Subdivision (1).
220-7 (c) In this section, "wages" has the meaning assigned in
220-8 Subchapter F, Chapter 201, except that the limitation of wages
220-9 provided in Section 201.082(1) does not apply. (V.A.C.S. Arts.
220-10 5221b-1(c) (part), (e) (part).)
220-11 Sec. 207.004. BENEFIT WAGE CREDITS. (a) The commission
220-12 shall credit an individual's wages received for employment from an
220-13 employer during the individual's base period as the individual's
220-14 benefit wage credits.
220-15 (b) Wages used to qualify an individual for regular benefits
220-16 under this subtitle or under any other unemployment compensation
220-17 law may not be used again to qualify the individual for regular
220-18 benefits.
220-19 (c) If an employer fails to report, when requested by the
220-20 commission, wages that were paid to an individual during a base
220-21 period, the commission may determine the amount of benefit wage
220-22 credits for the individual for the base period from the best
220-23 information obtained by the commission.
220-24 (d) In this section:
220-25 (1) "Benefit wage credits" means those wages used to
220-26 determine an individual's right to benefits.
220-27 (2) "Wages" has the meaning assigned in Subchapter F,
221-1 Chapter 201, except that the limitation of wages provided in
221-2 Section 201.082(1) does not apply. (V.A.C.S. Arts. 5221b-1(d)
221-3 (part), (e).)
221-4 Sec. 207.005. MAXIMUM AMOUNT OF BENEFITS. The maximum
221-5 amount of benefits payable to an eligible individual during a
221-6 benefit year may not exceed the lesser of:
221-7 (1) 26 times the individual's benefit amount; or
221-8 (2) 27 percent of the individual's benefit wage
221-9 credits. (V.A.C.S. Art. 5221b-1(d) (part).)
221-10 Sec. 207.006. ADJUSTMENT OF BENEFITS. If a benefit rate or
221-11 benefit payable computed under this chapter is not a multiple of
221-12 $1, the benefit rate or benefit payable is increased to the next
221-13 multiple of $1. (V.A.C.S. Arts. 5221b-1(b) (part), (c) (part),
221-14 (d) (part); 5221b-3(e) (part), (h) (part).)
221-15 Sec. 207.007. FEES LIMITATION; LEGAL REPRESENTATION;
221-16 CRIMINAL OFFENSE; PENALTY. (a) An individual claiming benefits
221-17 under this subtitle may not be charged a fee in a proceeding under
221-18 this subtitle by:
221-19 (1) the commission or a representative of the
221-20 commission; or
221-21 (2) a court or an officer of a court.
221-22 (b) An individual claiming benefits in a proceeding before
221-23 the commission or a court may be represented by counsel or another
221-24 authorized agent. Counsel or an agent representing an individual
221-25 under this subtitle may not charge or receive a fee for these
221-26 services greater than an amount approved by the commission.
221-27 (c) A person who violates this section commits an offense.
222-1 An offense under this section is punishable by:
222-2 (1) a fine of not less than $50 and not more than
222-3 $500;
222-4 (2) imprisonment for not more than six months; or
222-5 (3) both a fine and imprisonment. (V.A.C.S. Art.
222-6 5221b-13(b).)
222-7 Sec. 207.008. SUITABLE WORK. (a) In determining whether
222-8 work is suitable for an individual, the commission shall consider:
222-9 (1) the degree of risk involved to the individual's
222-10 health, safety, and morals at the place of performance of the work;
222-11 (2) the individual's physical fitness and previous
222-12 training;
222-13 (3) the individual's experience and previous earnings;
222-14 (4) the individual's length of unemployment and
222-15 prospects for securing local work in the individual's customary
222-16 occupation; and
222-17 (5) the distance of the work from the individual's
222-18 residence.
222-19 (b) Notwithstanding any other provision of this subtitle,
222-20 work is not suitable and benefits may not be denied under this
222-21 subtitle to an otherwise eligible individual for refusal to accept
222-22 new work if:
222-23 (1) the position offered is vacant directly because of
222-24 a strike, lockout, or other labor dispute;
222-25 (2) the wages, hours, or other conditions of the work
222-26 offered are substantially less favorable to the individual than
222-27 those prevailing for similar work in the locality; or
223-1 (3) as a condition of being employed, the individual
223-2 is required to join a company union or to resign from or refrain
223-3 from joining a bona fide labor organization. (V.A.C.S. Arts.
223-4 5221b-3(c)(1), (2).)
223-5 (Sections 207.009-207.020 reserved for expansion)
223-6 SUBCHAPTER B. BENEFIT ELIGIBILITY
223-7 Sec. 207.021. BENEFIT ELIGIBILITY CONDITIONS. (a) Except
223-8 as provided by Chapter 215, an unemployed individual is eligible to
223-9 receive benefits for a benefit period if the individual:
223-10 (1) has registered for work at an employment office
223-11 and has continued to report to the employment office as required by
223-12 rules adopted by the commission;
223-13 (2) has made a claim for benefits under Section
223-14 208.001;
223-15 (3) is able to work;
223-16 (4) is available for work;
223-17 (5) for the individual's base period, has benefit wage
223-18 credits:
223-19 (A) in at least two calendar quarters; and
223-20 (B) in an amount not less than 37 times the
223-21 individual's benefit amount;
223-22 (6) after the beginning date of the individual's most
223-23 recent prior benefit year, if applicable, earned wages in an amount
223-24 equal to not less than six times the individual's benefit amount;
223-25 and
223-26 (7) has been totally or partially unemployed for a
223-27 waiting period of at least seven consecutive days.
224-1 (b) A week may not be counted as a waiting period week for
224-2 the purposes of this section:
224-3 (1) unless the individual has registered for work at
224-4 an employment office in accordance with Subsection (a)(1);
224-5 (2) unless it is after the filing of an initial claim;
224-6 (3) unless the individual reports at an office of the
224-7 commission and certifies that the individual has met the waiting
224-8 period requirements;
224-9 (4) if benefits have been paid or are payable with
224-10 respect to the week;
224-11 (5) if the individual does not meet the eligibility
224-12 requirements of Subsections (a)(3) and (a)(4); and
224-13 (6) if the individual has been disqualified for
224-14 benefits for the seven-day period under Section 207.044, 207.045,
224-15 207.047, or 207.048.
224-16 (c) Notwithstanding any other provision of this section, an
224-17 individual who has been paid benefits in the individual's current
224-18 benefit year equal to or exceeding three times the individual's
224-19 benefit amount is eligible to receive benefits on the individual's
224-20 waiting period claim in accordance with this subtitle. (V.A.C.S.
224-21 Art. 5221b-2.)
224-22 Sec. 207.022. COMMISSION-APPROVED TRAINING. (a) An
224-23 individual may not be denied benefits because the individual is in
224-24 training with the approval of the commission.
224-25 (b) An individual may not be denied benefits for a benefit
224-26 period in which the individual is in training with the approval of
224-27 the commission because of the provisions of Section 207.021
225-1 relating to the individual's:
225-2 (1) availability for work;
225-3 (2) active search for work; or
225-4 (3) refusal to apply for or refusal to accept suitable
225-5 work.
225-6 (c) Approval of training must be obtained as required by
225-7 rules adopted by the commission. (V.A.C.S. Art. 5221b-2a(a).)
225-8 Sec. 207.023. TRAINING UNDER THE TRADE ACT OF 1974. (a)
225-9 This section applies only to training approved under Section
225-10 236(a)(1) of the Trade Act of 1974 (19 U.S.C. Section 2296(a)(1)).
225-11 (b) An otherwise eligible individual may not be denied
225-12 benefits for a week:
225-13 (1) that the individual was in training;
225-14 (2) that the individual left work to enter training if
225-15 the work the individual left was not suitable employment; or
225-16 (3) because of the application to the week in training
225-17 of a provision of this subtitle or a federal unemployment
225-18 compensation law relating to the individual's:
225-19 (A) availability for work;
225-20 (B) active search for work; or
225-21 (C) refusal to accept work.
225-22 (c) For the purposes of Subsection (b), "suitable
225-23 employment" means work for an individual that:
225-24 (1) is of a skill level substantially equal to or
225-25 higher than that of the individual's past adversely affected
225-26 employment, as that term is used by the Trade Act of 1974 (19
225-27 U.S.C. Section 2101 et seq.); and
226-1 (2) pays wages that are not less than 80 percent of
226-2 the individual's average weekly wage as determined for the purposes
226-3 of the Trade Act of 1974 (19 U.S.C. Section 2101 et seq.).
226-4 (V.A.C.S. Art. 5221b-2a(d).)
226-5 Sec. 207.024. CLAIM FILED OR RESIDENCE IN ANOTHER STATE OR
226-6 COUNTRY. An individual's benefits may not be denied or reduced
226-7 solely because at the time the individual filed the claim for
226-8 unemployment compensation the individual:
226-9 (1) files a claim in another state or a contiguous
226-10 country with which the United States has an agreement with respect
226-11 to unemployment compensation; or
226-12 (2) resides in another state or contiguous country
226-13 with which the United States has an agreement with respect to
226-14 unemployment compensation. (V.A.C.S. Art. 5221b-2a(b).)
226-15 Sec. 207.025. PREGNANCY OR TERMINATION OF PREGNANCY.
226-16 Benefits may not be denied to an individual solely because of
226-17 pregnancy or termination of pregnancy. (V.A.C.S. Art.
226-18 5221b-2a(c).)
226-19 (Sections 207.026-207.040 reserved for expansion)
226-20 SUBCHAPTER C. EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
226-21 Sec. 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS. (a)
226-22 Benefits are not payable to an individual based on services
226-23 performed in an instructional, research, or principal
226-24 administrative capacity for an educational institution for a week
226-25 beginning during the period between two successive academic years
226-26 or terms or under an agreement providing for a similar period
226-27 between two regular but not successive terms if:
227-1 (1) the individual performed the services in the first
227-2 of the academic years or terms; and
227-3 (2) there is a contract or reasonable assurance that
227-4 the individual will perform services in that capacity for any
227-5 educational institution in the second of the academic years or
227-6 terms.
227-7 (b) Benefits are not payable to an individual based on
227-8 services performed for an educational institution in a capacity
227-9 other than a capacity described by Subsection (a) for a week that
227-10 begins during a period between two successive academic years or
227-11 terms if:
227-12 (1) the individual performed the services in the first
227-13 of the academic years or terms; and
227-14 (2) there is a reasonable assurance that the
227-15 individual will perform the services in the second of the academic
227-16 years or terms.
227-17 (c) Notwithstanding Subsection (b), if benefits are denied
227-18 to an individual for any week under Subsection (b) and the
227-19 individual is not offered an opportunity to perform services for
227-20 the educational institution for the second of the academic years or
227-21 terms, the individual is entitled to a retroactive payment of the
227-22 benefits for each week that:
227-23 (1) the individual filed a timely claim for benefits;
227-24 and
227-25 (2) the benefits were denied solely because of
227-26 Subsection (b).
227-27 (d) Benefits are not payable to an individual based on
228-1 services performed for an educational institution for a week that
228-2 begins during an established and customary vacation period or
228-3 holiday recess if:
228-4 (1) the individual performed the services in the
228-5 period immediately before the vacation period or holiday recess;
228-6 and
228-7 (2) there is a reasonable assurance that the
228-8 individual will perform the services in the period immediately
228-9 following the vacation period or holiday recess.
228-10 (e) Benefits are not payable as provided under this section
228-11 to an individual based on services performed in an educational
228-12 institution if the individual performed the services while employed
228-13 by an educational service agency. For the purposes of this
228-14 subsection, "educational service agency" means a governmental
228-15 agency or other governmental entity that is established and
228-16 operated exclusively to provide services to one or more educational
228-17 institutions. (V.A.C.S. Art. 5221b-1(f) (part).)
228-18 Sec. 207.042. ATHLETES. Benefits are not payable to an
228-19 individual based on services substantially all of which consist of
228-20 participating in a sport or athletic event or training or preparing
228-21 to participate in a sport or athletic event for a week that begins
228-22 during the period between two successive sport seasons or similar
228-23 periods if:
228-24 (1) the individual performed the services in the first
228-25 of the seasons or periods; and
228-26 (2) there is a reasonable assurance that the
228-27 individual will perform the services in the later of the seasons or
229-1 periods. (V.A.C.S. Art. 5221b-1(g).)
229-2 Sec. 207.043. ALIENS. (a) Benefits are not payable based
229-3 on services performed by an alien unless the alien:
229-4 (1) is an individual who was lawfully admitted for
229-5 permanent residence at the time the services were performed;
229-6 (2) was lawfully present for purposes of performing
229-7 the services; or
229-8 (3) was permanently residing in the United States
229-9 under color of law at the time the services were performed,
229-10 including being lawfully present in the United States as a result
229-11 of the application of Section 212(d)(5) of the Immigration and
229-12 Nationality Act (8 U.S.C. Section 1182(d)(5)).
229-13 (b) Information required of an individual applying for
229-14 benefits to determine whether benefits are payable to the
229-15 individual because of the individual's alien status shall be
229-16 uniformly required from all applicants for benefits.
229-17 (c) A determination that benefits are not payable to an
229-18 individual whose application for the benefits would otherwise be
229-19 approved except for the individual's alien status must be made from
229-20 a preponderance of the evidence.
229-21 (d) A modification of Section 3304(a)(14) of the Federal
229-22 Unemployment Tax Act (26 U.S.C. Section 3304(a)(14)) that specifies
229-23 other conditions or another effective date for the denial of
229-24 benefits based on services performed by aliens that must be
229-25 implemented under state law as a condition for a full tax credit
229-26 against the tax imposed by the Federal Unemployment Tax Act (26
229-27 U.S.C. Section 3301 et seq.) is applicable under this section.
230-1 (V.A.C.S. Art. 5221b-1(h).)
230-2 Sec. 207.044. DISCHARGE FOR MISCONDUCT. (a) An individual
230-3 is disqualified for benefits if the individual was discharged for
230-4 misconduct connected with the individual's last work.
230-5 (b) Disqualification under this section continues until the
230-6 individual has returned to employment and:
230-7 (1) worked for six weeks; or
230-8 (2) earned wages equal to six times the individual's
230-9 benefit amount. (V.A.C.S. Art. 5221b-3(b).)
230-10 Sec. 207.045. VOLUNTARILY LEAVING WORK. (a) An individual
230-11 is disqualified for benefits if the individual left the
230-12 individual's last work voluntarily without good cause connected
230-13 with the individual's work.
230-14 (b) Except as provided by Subsection (c), a disqualification
230-15 for benefits under this section continues until the individual has
230-16 returned to employment and:
230-17 (1) worked for six weeks; or
230-18 (2) earned wages equal to six times the individual's
230-19 benefit amount.
230-20 (c) Disqualification for benefits under this section for an
230-21 individual who left work to move with the individual's spouse from
230-22 the area where the individual worked continues for not less than
230-23 six benefit periods and not more than 25 benefit periods following
230-24 the filing of a valid claim as determined by the commission
230-25 according to the circumstances of the case.
230-26 (d) Notwithstanding any other provision of this section, an
230-27 individual who is available to work may not be disqualified for
231-1 benefits because the individual left work because of:
231-2 (1) a medically verified illness of the individual or
231-3 the individual's minor child;
231-4 (2) injury;
231-5 (3) disability; or
231-6 (4) pregnancy.
231-7 (e) For the purposes of Subsection (d), a medically verified
231-8 illness of a minor child prevents disqualification only if
231-9 reasonable alternative care was not available to the child and the
231-10 employer refused to allow the individual a reasonable amount of
231-11 time off during the illness.
231-12 (f) Military personnel who do not reenlist have not left
231-13 work voluntarily without good cause connected with work.
231-14 (g) An individual who is partially unemployed and who
231-15 resigns that employment to accept other employment that the
231-16 individual reasonably believes will increase the individual's
231-17 weekly wage is not disqualified for benefits under this section.
231-18 (V.A.C.S. Art. 5221b-3(a).)
231-19 Sec. 207.046. INVOLUNTARY SEPARATION. An individual is not
231-20 disqualified for benefits under this subchapter if the work-related
231-21 reason for the individual's separation from employment was urgent,
231-22 compelling, and necessary so as to make the separation involuntary.
231-23 (V.A.C.S. Art. 5221b-3(i).)
231-24 Sec. 207.047. FAILURE TO APPLY FOR, ACCEPT, OR RETURN TO
231-25 WORK. (a) An individual is disqualified for benefits if during
231-26 the individual's current benefit year, the individual failed,
231-27 without good cause, to:
232-1 (1) apply for available, suitable work when directed
232-2 to do so by the commission;
232-3 (2) accept suitable work offered to the individual; or
232-4 (3) return to the individual's customary
232-5 self-employment, if any, when directed to do so by the commission.
232-6 (b) Disqualification for benefits under this section
232-7 continues until the individual has returned to employment and:
232-8 (1) worked for six weeks; or
232-9 (2) earned wages equal to six times the individual's
232-10 benefit amount. (V.A.C.S. Art. 5221b-3(c) (part).)
232-11 Sec. 207.048. LABOR DISPUTES. (a) An individual is
232-12 disqualified for benefits for a benefit period in which the
232-13 individual's total or partial unemployment is caused by:
232-14 (1) the individual's stoppage of work because of a
232-15 labor dispute at the factory, establishment, or other premises
232-16 where the individual is or was last employed; or
232-17 (2) a labor dispute at another place that:
232-18 (A) is owned or operated by the same employing
232-19 unit that owns or operates the premises where the individual is or
232-20 was last employed; and
232-21 (B) supplies material or services necessary to
232-22 the continued and usual operation of the premises where the
232-23 individual is or was last employed.
232-24 (b) Disqualification for benefits under this section does
232-25 not apply to an individual who shows to the satisfaction of the
232-26 commission that the individual:
232-27 (1) is not participating in, financing, or directly
233-1 interested in the labor dispute; and
233-2 (2) does not belong to a grade or class of workers any
233-3 members of which were employed at the premises of the labor dispute
233-4 immediately before the beginning of the labor dispute and any of
233-5 whom are participating in, financing, or directly interested in the
233-6 dispute.
233-7 (c) For the purposes of Subsection (b)(1), failure or
233-8 refusal to cross a picket line or refusal for any reason during the
233-9 continuance of the labor dispute to accept and perform an
233-10 individual's available and customary work at the factory,
233-11 establishment, or other premises where the individual is or was
233-12 last employed constitutes participation and interest in the labor
233-13 dispute.
233-14 (d) An individual may not be disqualified for benefits under
233-15 Subsection (b)(2) if the individual shows that the individual:
233-16 (1) is not, and at the time of the labor dispute, was
233-17 not:
233-18 (A) a member of a labor organization that is the
233-19 same as, represented by, or directly affiliated, acting in concert,
233-20 or in sympathy with the labor organization involved in the labor
233-21 dispute at the premises of the labor dispute; or
233-22 (B) acting in concert or in sympathy with the
233-23 labor organization involved in the labor dispute at the premises of
233-24 the labor dispute; and
233-25 (2) has made an unconditional offer to return to work
233-26 at the premises where the individual is or was last employed.
233-27 (e) If separate branches of work that are commonly conducted
234-1 as separate businesses in separate premises are conducted in
234-2 separate departments of the same premises, each department is a
234-3 separate factory, establishment, or other premises.
234-4 (f) For the purposes of this section, "premises" includes a
234-5 vessel. (V.A.C.S. Art. 5221b-3(d).)
234-6 Sec. 207.049. RECEIPT OF REMUNERATION. (a) An individual
234-7 is disqualified for benefits for a benefit period for which the
234-8 individual is receiving or has received remuneration in the form
234-9 of:
234-10 (1) wages in lieu of notice;
234-11 (2) compensation under a state worker's compensation
234-12 law or a similar law of the United States for:
234-13 (A) temporary partial disability;
234-14 (B) temporary total disability; or
234-15 (C) total and permanent disability; or
234-16 (3) old age benefits or similar payments under:
234-17 (A) Subchapter II of the Social Security Act (42
234-18 U.S.C. Section 401 et seq.); or
234-19 (B) any other federal law or the law of any
234-20 state.
234-21 (b) If the remuneration received by an individual under
234-22 Subsection (a)(3) is less than the benefits that the individual
234-23 would otherwise be eligible to receive, the individual shall
234-24 receive benefits for the benefit period that are reduced by the
234-25 amount of the remuneration. (V.A.C.S. Art. 5221b-3(e) (part).)
234-26 Sec. 207.050. RECEIPT OF PENSION OR ANNUITY. (a) An
234-27 individual is disqualified for benefits for a benefit period for
235-1 which the individual is receiving or has received a governmental or
235-2 other pension, retirement or retired pay, an annuity, or any other
235-3 similar periodic payment based on the previous work of the
235-4 individual and reasonably attributable to the benefit period.
235-5 (b) Notwithstanding Subsection (a), if the remuneration
235-6 received by an individual is less than the benefits that the
235-7 individual would otherwise be eligible to receive, the individual
235-8 is entitled to receive benefits for the benefit period that are
235-9 reduced by the amount of the remuneration, adjusted as provided by
235-10 Section 207.006.
235-11 (c) This section is enacted because Section 3304(a)(15) of
235-12 the Federal Unemployment Tax Act (26 U.S.C. Section 3304(a)(15))
235-13 requires that this provision be enacted in state law as of January
235-14 1, 1978, as a condition for full tax credit against the tax imposed
235-15 by that Act. If Section 3304(a)(15) of the Federal Unemployment
235-16 Tax Act (26 U.S.C. Section 3304(a)(15)) is amended to modify these
235-17 federal requirements, the modified requirements are applicable
235-18 under this section to the extent required for full tax credit
235-19 rather than this section. (V.A.C.S. Art. 5221b-3(h) (part).)
235-20 Sec. 207.051. SALE OF BUSINESS. (a) An individual is
235-21 disqualified for benefits after the sale of:
235-22 (1) a corporation and the individual is:
235-23 (A) an officer of the corporation;
235-24 (B) a majority or controlling shareholder in the
235-25 corporation; and
235-26 (C) involved in the sale of the corporation;
235-27 (2) a limited or general partnership and the
236-1 individual is a limited or general partner who is involved in the
236-2 sale of the partnership; or
236-3 (3) a sole proprietorship and the individual is the
236-4 proprietor who sells the business.
236-5 (b) The disqualification under this section is effective for
236-6 the benefit periods occurring during the period beginning on the
236-7 date of the sale of the business and ending on the date the
236-8 individual is employed and eligible for benefits computed on
236-9 benefit wage credits received through the new employment.
236-10 (V.A.C.S. Art. 5221b-3(f).)
236-11 Sec. 207.052. ATTENDING EDUCATIONAL INSTITUTION. (a) An
236-12 individual is disqualified for benefits for a period of
236-13 unemployment for which the individual left the individual's most
236-14 recent work to attend an established educational institution.
236-15 (b) This section does not apply to a period in which the
236-16 individual is in training with the approval of the commission under
236-17 Section 207.022. (V.A.C.S. Art. 5221b-3(g).)
236-18 Sec. 207.053. REFUSAL TO TREAT COMMUNICABLE DISEASE. (a)
236-19 An individual is disqualified for benefits if the individual:
236-20 (1) left the individual's last work voluntarily rather
236-21 than provide services included within the course and scope of the
236-22 individual's employment to an individual infected with a
236-23 communicable disease; or
236-24 (2) was discharged from the individual's last work
236-25 because the individual refused to provide services included within
236-26 the course and scope of the individual's employment to an
236-27 individual infected with a communicable disease.
237-1 (b) An individual is not disqualified under this section
237-2 unless the person for whom the individual last worked made
237-3 available to the individual the facilities, equipment, training,
237-4 and supplies necessary to permit the individual to take reasonable
237-5 precautions to preclude the infection of the individual with the
237-6 communicable disease.
237-7 (c) Disqualification for benefits under this section
237-8 continues until the individual has returned to employment and:
237-9 (1) worked for six weeks; or
237-10 (2) earned wages equal to six times the individual's
237-11 weekly benefit amount. (V.A.C.S. Arts. 5221b-3(j), (k).)
237-12 (Sections 207.054-207.070 reserved for expansion)
237-13 SUBCHAPTER D. PROTECTION OF BENEFIT RIGHTS
237-14 Sec. 207.071. WAIVER, RELEASE, OR COMMUTATION AGREEMENT
237-15 INVALID. (a) Except for an employer's waiver under Chapter 204
237-16 and Section 205.011, an agreement by an individual to waive,
237-17 release, or commute the individual's right to benefits or any other
237-18 rights under this subtitle is not valid.
237-19 (b) An agreement by an individual employed by an employer to
237-20 pay all or a portion of a contribution or reimbursement required to
237-21 be paid by the employer under this subtitle is not valid.
237-22 (V.A.C.S. Art. 5221b-13(a) (part).)
237-23 Sec. 207.072. ACCEPTANCE OR REQUIREMENT OF WAIVER
237-24 PROHIBITED. An employer may not require or accept a waiver of a
237-25 right of an individual employed by the employer under this
237-26 subtitle. (V.A.C.S. Art. 5221b-13(a) (part).)
237-27 Sec. 207.073. PROHIBITED DEDUCTION FROM WAGES. An employer
238-1 may not, directly or indirectly, make, require, or accept a
238-2 deduction from wages to finance a contribution or reimbursement
238-3 required to be paid by the employer under this subtitle. (V.A.C.S.
238-4 Art. 5221b-13(a) (part).)
238-5 Sec. 207.074. CRIMINAL OFFENSE; PENALTY. An employer, or
238-6 officer or agent of an employer, commits an offense if the person
238-7 violates Section 207.072 or 207.073. An offense under this section
238-8 is punishable by:
238-9 (1) a fine of not less than $100 and not more than
238-10 $1,000;
238-11 (2) imprisonment for not more than six months; or
238-12 (3) both a fine and imprisonment. (V.A.C.S. Art.
238-13 5221b-13(a) (part).)
238-14 Sec. 207.075. ASSIGNMENT OF BENEFITS PROHIBITED; BENEFIT
238-15 EXEMPTIONS. (a) An assignment, pledge, or encumbrance of a right
238-16 to benefits is not valid.
238-17 (b) A right to benefits is exempt from levy, execution,
238-18 attachment, or any other remedy for debt collection.
238-19 (c) Benefits received by an individual are exempt from debt
238-20 collection if the benefits are not mingled with other funds of the
238-21 individual except for debts incurred for necessaries furnished to
238-22 the individual or the individual's spouse or dependents during the
238-23 time that the individual was unemployed.
238-24 (d) A waiver of an exemption provided by this section is not
238-25 valid.
238-26 (e) Subchapter E prevails over this section to the extent of
238-27 any conflict. (V.A.C.S. Art. 5221b-13(c).)
239-1 Sec. 207.076. EQUAL TREATMENT. Benefits based on services
239-2 for all employers in employment are payable in the same amount, on
239-3 the same terms, and subject to the same conditions, except to the
239-4 extent that Section 207.041 is applicable. (V.A.C.S. Art.
239-5 5221b-1(f) (part).)
239-6 (Sections 207.077-207.090 reserved for expansion)
239-7 SUBCHAPTER E. CHILD SUPPORT OBLIGATIONS
239-8 Sec. 207.091. DEFINITIONS. In this subchapter:
239-9 (1) "Benefit" includes amounts payable by the
239-10 commission under an agreement entered under federal law that
239-11 provides for compensation, assistance, or allowances with respect
239-12 to unemployment.
239-13 (2) "Child support obligation" includes only an
239-14 obligation that is enforced under a plan described by Section 454
239-15 of the Social Security Act (42 U.S.C. Section 654) that has been
239-16 approved by the secretary of health and human services under
239-17 Subtitle IV, Part D, Social Security Act (42 U.S.C. Section 651 et
239-18 seq.).
239-19 (3) "State or local child support enforcement agency"
239-20 means an agency of the state or a political subdivision of the
239-21 state operating under a plan described by Subdivision (2).
239-22 (V.A.C.S. Arts. 5221b-13(d)(5), (7), (8).)
239-23 Sec. 207.092. DISCLOSURE OF CHILD SUPPORT OBLIGATIONS. (a)
239-24 An individual at the time of filing a new claim for benefits shall
239-25 disclose whether the individual owes a child support obligation.
239-26 (b) If the individual discloses a child support obligation
239-27 and the individual is determined to be eligible for benefits, the
240-1 commission shall notify the state or local child support
240-2 enforcement agency enforcing the child support obligation that the
240-3 individual has been determined to be eligible for benefits.
240-4 (V.A.C.S. Art. 5221b-13(d)(1).)
240-5 Sec. 207.093. WITHHOLDING OF CHILD SUPPORT BY COMMISSION.
240-6 (a) The commission shall withhold from the benefits payable to an
240-7 individual that owes a child support obligation an amount equal to:
240-8 (1) any amount required to be withheld under legal
240-9 process properly served on the commission;
240-10 (2) if Subdivision (1) does not apply, the amount
240-11 determined under an agreement submitted to the commission under
240-12 Section 454(20)(B)(i) of the Social Security Act (42 U.S.C. Section
240-13 654) by the state or local child support enforcement agency; or
240-14 (3) if neither Subdivision (1) or (2) applies, the
240-15 amount the individual specifies to the commission to be withheld.
240-16 (b) The commission shall pay the amount withheld under
240-17 Subsection (a) to the appropriate state or local child support
240-18 enforcement agency. The amount withheld shall be treated for all
240-19 purposes as if it were benefits paid to the individual and paid by
240-20 the individual to the state or local child support enforcement
240-21 agency in satisfaction of the individual's child support
240-22 obligation.
240-23 (c) This section applies only if appropriate arrangements
240-24 have been made for reimbursement to the commission by a state or
240-25 local child support enforcement agency for the administrative costs
240-26 incurred by the commission under this subchapter that are
240-27 attributable to the enforcement of child support obligations by the
241-1 state or local child support enforcement agency.
241-2 (d) In this section, "legal process" has the meaning
241-3 assigned by Section 462(e) of the Social Security Act (42 U.S.C.
241-4 Section 662). (V.A.C.S. Arts. 5221b-13(d)(2), (3), (4), (6).)
241-5 Sec. 207.094. FEDERAL LAW REQUIREMENT. (a) This subchapter
241-6 and Section 207.075(e) are enacted because Section 303(e) of the
241-7 Social Security Act (42 U.S.C. Section 503(e)) requires the
241-8 enactment of these provisions into state law as a condition for
241-9 federal funding of administration of the state unemployment
241-10 compensation laws.
241-11 (b) If Section 303(e) of the Social Security Act (42 U.S.C.
241-12 Section 503(e)) is repealed, this subchapter and Section 207.075(e)
241-13 are repealed. (V.A.C.S. Art. 5221b-13(d) (part).)
241-14 CHAPTER 208. BENEFIT CLAIMS
241-15 SUBCHAPTER A. FILING OF CLAIM
241-16 Sec. 208.001. FILING; INFORMATION NOTICES
241-17 Sec. 208.002. NOTICE OF INITIAL CLAIM
241-18 Sec. 208.003. NOTICE TO GOVERNMENTAL EMPLOYER
241-19 Sec. 208.004. NOTIFICATION OF ADVERSE FACTS AFFECTING CLAIM;
241-20 WAIVER
241-21 (Sections 208.005-208.020 reserved for expansion)
241-22 SUBCHAPTER B. CLAIM DETERMINATION
241-23 Sec. 208.021. INITIAL CLAIM DETERMINATION
241-24 Sec. 208.022. NOTICE OF INITIAL CLAIM DETERMINATION
241-25 Sec. 208.023. REQUEST FOR REDETERMINATION OR APPEAL BY
241-26 CLAIMANT
241-27 CHAPTER 208. BENEFIT CLAIMS
242-1 SUBCHAPTER A. FILING OF CLAIM
242-2 Sec. 208.001. FILING; INFORMATION NOTICES. (a) An
242-3 unemployed individual who does not have a current benefit year may
242-4 file an initial claim in accordance with rules adopted by the
242-5 commission.
242-6 (b) The commission shall supply, without cost to each
242-7 employer, printed notices that provide general information about
242-8 filing a claim for unemployment benefits. Each employer shall post
242-9 and maintain the notices in places accessible to the individuals in
242-10 the employ of the employer. (V.A.C.S. Arts. 5221b-4(a), (b)
242-11 (part).)
242-12 Sec. 208.002. NOTICE OF INITIAL CLAIM. (a) The commission
242-13 shall mail a notice of the filing of an initial claim to the person
242-14 for whom the claimant last worked before the effective date of the
242-15 initial claim. If the person for whom the claimant last worked has
242-16 more than one branch or division operating at different locations,
242-17 the commission shall mail the notice to the branch or division at
242-18 which the claimant last worked.
242-19 (b) Mailing of a notice under this section to the correct
242-20 address of the person, branch, or division for which the claimant
242-21 last worked constitutes notice of the claim to the person.
242-22 (V.A.C.S. Art. 5221b-4(b) (part).)
242-23 Sec. 208.003. NOTICE TO GOVERNMENTAL EMPLOYER. (a) A
242-24 governmental employer may designate in writing to the commission an
242-25 address for mail service.
242-26 (b) If a governmental employer designates a mailing address
242-27 under Subsection (a), mailing of notice of claims, determinations,
243-1 or other decisions to that address constitutes notice to the
243-2 governmental employer. (V.A.C.S. Art. 5521b-4(b) (part).)
243-3 Sec. 208.004. NOTIFICATION OF ADVERSE FACTS AFFECTING CLAIM;
243-4 WAIVER. (a) A person to whom notice is mailed under Section
243-5 208.002 shall notify the commission promptly of any facts known to
243-6 the person that may:
243-7 (1) adversely affect the claimant's right to benefits;
243-8 or
243-9 (2) affect a charge to the person's account.
243-10 (b) A person who does not mail or otherwise deliver that
243-11 notification to the commission within 12 days after the date notice
243-12 of a claim was mailed to the person by the commission waives all
243-13 rights in connection with the claim, including rights the person
243-14 may have under Subchapter B, Chapter 204, other than rights
243-15 relating to a clerical or machine error as to the amount of the
243-16 person's chargeback or maximum potential chargeback in connection
243-17 with the claim for benefits. (V.A.C.S. Art. 5221b-4(b) (part).)
243-18 (Sections 208.005-208.020 reserved for expansion)
243-19 SUBCHAPTER B. CLAIM DETERMINATION
243-20 Sec. 208.021. INITIAL CLAIM DETERMINATION. (a) The
243-21 commission shall determine whether an initial claim is valid.
243-22 (b) For each valid initial claim, the commission shall
243-23 determine:
243-24 (1) the claimant's benefit year;
243-25 (2) the benefit amount for total unemployment; and
243-26 (3) the duration of benefits. (V.A.C.S. Art.
243-27 5221b-4(b) (part).)
244-1 Sec. 208.022. NOTICE OF INITIAL CLAIM DETERMINATION. The
244-2 commission shall mail a notice of the determination of an initial
244-3 claim to the claimant's last known address as shown by the
244-4 commission's records. (V.A.C.S. Art. 5221b-4(b) (part).)
244-5 Sec. 208.023. REQUEST FOR REDETERMINATION OR APPEAL BY
244-6 CLAIMANT. A claimant may request a redetermination of or may
244-7 appeal the commission's determination of the validity of an initial
244-8 claim in the manner provided by Chapter 212. The claimant must
244-9 make the request not later than the 14th day after the date the
244-10 commission mailed notice of the determination to the claimant as
244-11 provided by Section 208.022. (V.A.C.S. Art. 5221b-4(b) (part).)
244-12 CHAPTER 209. EXTENDED BENEFITS
244-13 SUBCHAPTER A. GENERAL PROVISIONS
244-14 Sec. 209.001. DEFINITIONS
244-15 Sec. 209.002. APPLICATION OF PROVISIONS RELATING TO
244-16 REGULAR BENEFITS
244-17 Sec. 209.003. FINDINGS
244-18 (Sections 209.004-209.020 reserved for expansion)
244-19 SUBCHAPTER B. DETERMINATION OF EXTENDED BENEFIT PERIOD
244-20 Sec. 209.021. BEGINNING AND ENDING DATES FOR EXTENDED
244-21 BENEFIT PERIOD
244-22 Sec. 209.022. STATE "ON" AND "OFF" INDICATOR WEEKS
244-23 Sec. 209.023. RATE OF INSURED UNEMPLOYMENT
244-24 Sec. 209.024. PUBLIC ANNOUNCEMENT OF EXTENDED
244-25 BENEFIT PERIOD
244-26 (Sections 209.025-209.040 reserved for expansion)
244-27 SUBCHAPTER C. ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
245-1 Sec. 209.041. ELIGIBILITY FOR EXTENDED BENEFITS
245-2 Sec. 209.042. EXHAUSTION OF REGULAR BENEFITS
245-3 Sec. 209.043. REQUIREMENT TO SEEK WORK
245-4 Sec. 209.044. REQUIREMENT TO ACCEPT OR APPLY
245-5 FOR SUITABLE WORK
245-6 Sec. 209.045. EMPLOYMENT SERVICE REFERRALS TO SUITABLE WORK
245-7 Sec. 209.046. EXCEPTIONS TO REQUIREMENT TO ACCEPT OR APPLY
245-8 FOR SUITABLE WORK
245-9 Sec. 209.047. SUITABLE WORK
245-10 Sec. 209.048. DURATION OF INELIGIBILITY; WORK REQUIREMENTS
245-11 Sec. 209.049. INELIGIBILITY DUE TO DISQUALIFICATION
245-12 Sec. 209.050. INTERSTATE CLAIM
245-13 (Sections 209.051-209.060 reserved for expansion)
245-14 SUBCHAPTER D. AMOUNT OF EXTENDED BENEFITS
245-15 Sec. 209.061. WEEKLY EXTENDED BENEFIT AMOUNT
245-16 Sec. 209.062. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT
245-17 Sec. 209.063. EFFECT OF TRADE READJUSTMENT ALLOWANCES
245-18 (Sections 209.064-209.080 reserved for expansion)
245-19 SUBCHAPTER E. FINANCING OF EXTENDED BENEFITS
245-20 Sec. 209.081. UNEMPLOYMENT COMPENSATION FUND
245-21 Sec. 209.082. CHARGES TO REIMBURSING EMPLOYER
245-22 Sec. 209.083. CHARGES TO TAXED EMPLOYER
245-23 Sec. 209.084. CHARGES TO GOVERNMENTAL EMPLOYER
245-24 Sec. 209.085. NOTICE TO TAXED BASE PERIOD EMPLOYER
245-25 CHAPTER 209. EXTENDED BENEFITS
245-26 SUBCHAPTER A. GENERAL PROVISIONS
245-27 Sec. 209.001. DEFINITIONS. In this chapter:
246-1 (1) "Eligibility period" means the period consisting
246-2 of the benefit periods in an individual's benefit year that begin
246-3 in an extended benefit period and, if the individual's benefit year
246-4 ends within the extended benefit period, any subsequent benefit
246-5 periods that begin in the extended benefit period.
246-6 (2) "Extended benefit" means a benefit payable to an
246-7 individual under this chapter for a benefit period of unemployment
246-8 in the individual's eligibility period, including a benefit payable
246-9 to a federal civilian employee or to an ex-servicemember under 5
246-10 U.S.C. Chapter 85.
246-11 (3) "Regular benefit" means a benefit, other than an
246-12 extended benefit, payable to an individual under this subtitle or
246-13 another state unemployment compensation law, including a benefit
246-14 payable to a federal civilian employee or an ex-servicemember under
246-15 5 U.S.C. Chapter 85.
246-16 (4) "Secretary" means the United States secretary of
246-17 labor.
246-18 (5) "State unemployment compensation law" means the
246-19 unemployment compensation law of a state if the law is approved by
246-20 the secretary under Section 3304 of the Internal Revenue Code of
246-21 1986 (26 U.S.C. Section 3304). (New; V.A.C.S. Arts.
246-22 5221b-4a(a)(5), (6), (7), (9).)
246-23 Sec. 209.002. APPLICATION OF PROVISIONS RELATING TO REGULAR
246-24 BENEFITS. A provision of this subtitle or a commission rule
246-25 applicable to a claim for or the payment of regular benefits
246-26 applies to a claim for or the payment of extended benefits unless
246-27 the result of the application of the provision or rule is
247-1 inconsistent with this chapter. (V.A.C.S. Art. 5221b-4a(b).)
247-2 Sec. 209.003. FINDINGS. (a) The commission shall make
247-3 findings as necessary to determine an extended benefit period,
247-4 compute the rate of insured unemployment, and determine the
247-5 eligibility or ineligibility or disqualification of an individual
247-6 for extended benefits.
247-7 (b) A finding of an extended benefit period and a
247-8 computation of the rate of insured unemployment shall be made in
247-9 accordance with the rules of the secretary. (V.A.C.S. Arts.
247-10 5221b-4a(a)(2) (part), (3) (part), (c) (part), (f)(2), (h)(1)
247-11 (part).)
247-12 (Sections 209.004-209.020 reserved for expansion)
247-13 SUBCHAPTER B. DETERMINATION OF EXTENDED BENEFIT PERIOD
247-14 Sec. 209.021. BEGINNING AND ENDING DATES FOR EXTENDED
247-15 BENEFIT PERIOD. (a) Except as provided by Subsection (b), an
247-16 extended benefit period begins with the third week after a week
247-17 with a state "on" indicator.
247-18 (b) An extended benefit period may not begin before the 14th
247-19 week after the end of a previous extended benefit period in effect
247-20 for this state.
247-21 (c) An extended benefit period ends with the later of:
247-22 (1) the third week after the first week with a state
247-23 "off" indicator; or
247-24 (2) the 13th consecutive week of the period.
247-25 (V.A.C.S. Art. 5221b-4a(a)(1).)
247-26 Sec. 209.022. STATE "ON" AND "OFF" INDICATOR WEEKS. (a)
247-27 Except for a week to which Subsection (b) applies, a week is a
248-1 state "on" indicator week if the rate of insured unemployment for
248-2 the period consisting of that week and the preceding 12 weeks:
248-3 (1) is five percent or more; and
248-4 (2) equalled or exceeded 120 percent of the average of
248-5 the rates for the corresponding 13-week period ending in each of
248-6 the preceding two calendar years.
248-7 (b) If the determination that the week is a state "on"
248-8 indicator week would begin an extended benefit period, the week is
248-9 a state "on" indicator week if the rate of insured unemployment for
248-10 the period consisting of that week and the preceding 12 weeks is
248-11 six percent or more.
248-12 (c) Except for a week to which Subsection (d) applies, a
248-13 week is a state "off" indicator week if the rate of insured
248-14 unemployment for the period consisting of that week and the
248-15 preceding 12 weeks is less than:
248-16 (1) five percent; or
248-17 (2) 120 percent of the average of the rates for the
248-18 corresponding 13-week period ending in each of the preceding two
248-19 calendar years.
248-20 (d) If the determination that a week is a state "off"
248-21 indicator week would end an extended benefit period, the week is a
248-22 state "off" indicator week if the rate of insured unemployment for
248-23 the period consisting of that week and the preceding 12 weeks is
248-24 less than six percent.
248-25 (e) Notwithstanding Subsection (d), any week that would
248-26 otherwise be a state "on" indicator week under Subsection (a) may
248-27 not be a state "off" indicator week.
249-1 (f) The rate of insured unemployment as used in this section
249-2 is not to be seasonally adjusted. (V.A.C.S. Arts. 5221b-4a(a)(2)
249-3 (part), (3) (part).)
249-4 Sec. 209.023. RATE OF INSURED UNEMPLOYMENT. For the purpose
249-5 of Section 209.022, the rate of insured unemployment is computed
249-6 by:
249-7 (1) dividing:
249-8 (A) the average weekly number of individuals
249-9 filing claims for regular compensation in this state for weeks of
249-10 unemployment with respect to the most recent 13-consecutive-week
249-11 period, as determined by the commission from the commission's
249-12 reports to the secretary; by
249-13 (B) the average monthly employment covered under
249-14 this subtitle for the first four of the most recent six completed
249-15 calendar quarters ending before the end of the 13-week period; and
249-16 (2) multiplying the quotient by 100 to determine a
249-17 percentage rate. (V.A.C.S. Art. 5221b-4a(a)(4).)
249-18 Sec. 209.024. PUBLIC ANNOUNCEMENT OF EXTENDED BENEFIT
249-19 PERIOD. The commission shall publicly announce, in accordance with
249-20 commission rule, the beginning of each extended benefit period and
249-21 the termination of each extended benefit period. (V.A.C.S. Art.
249-22 5221b-4a(f)(1).)
249-23 (Sections 209.025-209.040 reserved for expansion)
249-24 SUBCHAPTER C. ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS
249-25 Sec. 209.041. ELIGIBILITY FOR EXTENDED BENEFITS. An
249-26 individual is eligible to receive extended benefits for a benefit
249-27 period of unemployment in the individual's eligibility period if,
250-1 with respect to the benefit period, the individual:
250-2 (1) has exhausted all regular benefits; and
250-3 (2) satisfies the requirements of this subtitle for
250-4 the receipt of regular benefits that are applicable to an
250-5 individual claiming extended benefits, including not being
250-6 disqualified for the receipt of benefits. (V.A.C.S. Art.
250-7 5221b-4a(c) (part).)
250-8 Sec. 209.042. EXHAUSTION OF REGULAR BENEFITS. (a) An
250-9 individual has exhausted regular benefits with respect to a benefit
250-10 period of unemployment in the individual's eligibility period if
250-11 the individual:
250-12 (1) before that period:
250-13 (A) has received all of the regular benefits
250-14 available to the individual in the individual's current benefit
250-15 year that includes the benefit period; or
250-16 (B) had a benefit year expire and does not have
250-17 benefit wage credits sufficient to establish a new benefit year
250-18 that would include the benefit period;
250-19 (2) is not entitled to unemployment benefits or
250-20 allowances under the Railroad Unemployment Insurance Act (45 U.S.C.
250-21 Section 351 et seq.) or other federal law as specified in
250-22 regulations issued by the secretary; and
250-23 (3) has not received unemployment benefits under the
250-24 unemployment compensation law of Canada and is not seeking those
250-25 benefits, or has sought those benefits and the appropriate agency
250-26 finally determines that the individual is not entitled to benefits
250-27 under that law.
251-1 (b) For the purposes of Subsection (a)(1)(A), an individual
251-2 is considered to have received all of the regular benefits
251-3 available to the individual even if, as a result of a pending
251-4 appeal with respect to benefit wage credits not considered in the
251-5 original monetary determination in the individual's benefit year,
251-6 the individual may subsequently be determined to be entitled to
251-7 added regular benefits. (V.A.C.S. Art. 5221b-4a(a)(8).)
251-8 Sec. 209.043. REQUIREMENT TO SEEK WORK. (a) An individual
251-9 is ineligible for payment of extended benefits for a benefit period
251-10 in the individual's eligibility period if during that period the
251-11 individual failed to actively seek work.
251-12 (b) For purposes of Subsection (a), an individual is
251-13 actively seeking work during a benefit period if the individual:
251-14 (1) engages in a systematic and sustained effort to
251-15 obtain work during the benefit period; and
251-16 (2) furnishes tangible evidence of that effort.
251-17 (V.A.C.S. Arts. 5221b-4a(h)(1) (part), (5).)
251-18 Sec. 209.044. REQUIREMENT TO ACCEPT OR APPLY FOR SUITABLE
251-19 WORK. An individual is ineligible for payment of extended benefits
251-20 for a benefit period in the individual's eligibility period if
251-21 during that period the individual failed to:
251-22 (1) accept an offer of suitable work; or
251-23 (2) apply for suitable work to which the individual
251-24 was referred by the commission. (V.A.C.S. Art. 5221b-4a(h)(1)
251-25 (part).)
251-26 Sec. 209.045. EMPLOYMENT SERVICE REFERRALS TO SUITABLE WORK.
251-27 The employment service shall refer a claimant entitled to extended
252-1 benefits to suitable work that meets the standards prescribed in
252-2 Sections 209.046, 209.047(a), and 209.047(b). (V.A.C.S. Art.
252-3 5221b-4a(h)(6).)
252-4 Sec. 209.046. EXCEPTIONS TO REQUIREMENT TO ACCEPT OR APPLY
252-5 FOR SUITABLE WORK. An individual may not be denied extended
252-6 benefits for failure to accept a job offer of suitable work or
252-7 apply for suitable work if:
252-8 (1) the work was not offered to the individual in
252-9 writing and was not listed with the employment service; or
252-10 (2) failure to accept or apply for the work would not
252-11 result in a denial of benefits under the applicable suitable work
252-12 requirements for a regular benefit claimant in Section 207.008, to
252-13 the extent that the standards of suitability in that section are
252-14 not inconsistent with Section 209.047. (V.A.C.S. Art.
252-15 5221b-4a(h)(3) (part).)
252-16 Sec. 209.047. SUITABLE WORK. (a) For the purposes of this
252-17 subchapter, and subject to Subsections (b) and (c), suitable work
252-18 for an individual is work:
252-19 (1) within the individual's capabilities;
252-20 (2) for which the gross average weekly remuneration
252-21 payable exceeds the sum of:
252-22 (A) the individual's weekly extended benefit
252-23 amount computed under Section 209.061; and
252-24 (B) the amount, if any, of supplemental
252-25 unemployment compensation benefits, as defined in Section
252-26 501(c)(17)(D) of the Internal Revenue Code of 1986 (26 U.S.C.
252-27 Section 501(c)(17)(D)), payable to the individual for that week;
253-1 and
253-2 (3) that pays wages not less than the greater of:
253-3 (A) the minimum wage under Section 6(a)(1) of
253-4 the Fair Labor Standards Act of 1938 (29 U.S.C. Section 206(a)(1)),
253-5 without regard to any exemption; or
253-6 (B) the applicable state or local minimum wage.
253-7 (b) If an individual furnishes satisfactory evidence to the
253-8 commission that the individual's prospects for obtaining work in
253-9 the individual's customary occupation within a reasonably short
253-10 period are good, the determination of whether work is suitable for
253-11 that individual shall be made in accordance with the provisions of
253-12 Section 207.008 applicable to suitable work for a claimant for
253-13 regular benefits, without regard to the standards of suitability in
253-14 Section 209.046 and this section.
253-15 (c) Work that does not accord with the labor standard
253-16 provisions required by Section 3304(a)(5) of the Internal Revenue
253-17 Code of 1986 (26 U.S.C. Section 3304(a)(5)) is not suitable work
253-18 for an individual. (V.A.C.S. Arts. 5221b-4a(h)(3) (part), (4).)
253-19 Sec. 209.048. DURATION OF INELIGIBILITY; WORK REQUIREMENTS.
253-20 An individual ineligible for extended benefits under Section
253-21 209.043 or 209.044 is ineligible for benefits for a period:
253-22 (1) beginning with the first day of the week following
253-23 the week in which the individual is ineligible under those
253-24 sections; and
253-25 (2) ending when the individual has been employed in
253-26 each of four subsequent weeks, consecutive or nonconsecutive, and
253-27 has earned remuneration in an amount not less than four times the
254-1 weekly extended benefit amount. (V.A.C.S. Art. 5221b-4a(h)(2).)
254-2 Sec. 209.049. INELIGIBILITY DUE TO DISQUALIFICATION. (a)
254-3 Except as provided by Subsection (b), an individual is ineligible
254-4 to receive extended benefits for a benefit period in the
254-5 individual's eligibility period if the individual has been
254-6 disqualified for regular or extended benefits under this subtitle
254-7 because the individual:
254-8 (1) voluntarily left work;
254-9 (2) was discharged for misconduct; or
254-10 (3) failed to accept an offer of or apply for suitable
254-11 work.
254-12 (b) Subsection (a) does not apply if the disqualification is
254-13 terminated in accordance with specific conditions established under
254-14 this subtitle requiring the individual to perform service for
254-15 remuneration after the date of the disqualification. (V.A.C.S.
254-16 Art. 5221b-4a(h)(7).)
254-17 Sec. 209.050. INTERSTATE CLAIM. (a) An individual is
254-18 ineligible for extended benefits payable for a benefit period under
254-19 an interstate claim filed in any state under an interstate benefit
254-20 payment plan if an extended benefit period is not in effect for the
254-21 benefit period in that state.
254-22 (b) Subsection (a) does not apply to the first two benefit
254-23 periods for which extended benefits are payable under an interstate
254-24 claim filed under an interstate benefit payment plan, regardless of
254-25 whether an extended benefit period is in effect for the state, to
254-26 the individual from the extended benefit account established for
254-27 the individual with respect to the benefit year. (V.A.C.S. Art.
255-1 5221b-4a(j).)
255-2 (Sections 209.051-209.060 reserved for expansion)
255-3 SUBCHAPTER D. AMOUNT OF EXTENDED BENEFITS
255-4 Sec. 209.061. WEEKLY EXTENDED BENEFIT AMOUNT. The weekly
255-5 extended benefit amount payable to an individual for a benefit
255-6 period of total unemployment in the individual's eligibility period
255-7 is equal to the weekly benefit amount payable to the individual
255-8 during the individual's applicable benefit year. (V.A.C.S. Art.
255-9 5221b-4a(d).)
255-10 Sec. 209.062. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT. The
255-11 total extended benefit amount payable to an eligible individual for
255-12 the individual's eligibility period is 50 percent of the total
255-13 amount of regular benefits that were payable to the individual
255-14 under this subtitle in the individual's applicable benefit year.
255-15 (V.A.C.S. Art. 5221b-4a(e).)
255-16 Sec. 209.063. EFFECT OF TRADE READJUSTMENT ALLOWANCES. (a)
255-17 Notwithstanding any other provision of this subtitle, the remaining
255-18 balance of extended benefits that an individual would otherwise be
255-19 entitled to receive in an extended benefit period for benefit
255-20 periods beginning after the end of a benefit year is reduced as
255-21 provided by Subsections (b) and (c) if:
255-22 (1) the benefit year of the individual ends within an
255-23 extended benefit period; and
255-24 (2) the individual receives trade readjustment
255-25 allowances under the Trade Act of 1974 (19 U.S.C. Section 2101 et
255-26 seq.) within that benefit year.
255-27 (b) The balance is reduced by an amount equal to the product
256-1 of:
256-2 (1) the number of benefit periods for which the
256-3 individual received trade readjustment allowances within that
256-4 benefit year; and
256-5 (2) the individual's weekly benefit amount for
256-6 extended benefits.
256-7 (c) The balance may not be reduced to less than zero.
256-8 (V.A.C.S. Art. 5221b-4a(i).)
256-9 (Sections 209.064-209.080 reserved for expansion)
256-10 SUBCHAPTER E. FINANCING OF EXTENDED BENEFITS
256-11 Sec. 209.081. UNEMPLOYMENT COMPENSATION FUND. (a) Extended
256-12 benefits shall be paid from the compensation fund.
256-13 (b) Payments made by the federal government for its share of
256-14 extended benefits shall be deposited in the compensation fund.
256-15 (V.A.C.S. Arts. 5221b-4a(g)(1), (2).)
256-16 Sec. 209.082. CHARGES TO REIMBURSING EMPLOYER. Fifty
256-17 percent of the extended benefit payments based on benefit wage
256-18 credits from a reimbursing employer shall be charged to the
256-19 employer's account and reimbursed by the employer in the same
256-20 manner as a regular benefit payment. Those payments may not be
256-21 used in determining the replenishment ratio in Section 204.045.
256-22 (V.A.C.S. Art. 5221b-4a(g)(3).)
256-23 Sec. 209.083. CHARGES TO TAXED EMPLOYER. (a) Fifty percent
256-24 of extended benefit payments based on benefit wage credits from a
256-25 taxed employer are chargebacks and must be used in determining the
256-26 employer's benefit ratio unless regular benefits paid to the
256-27 individual were determined not to be charged back against the
257-1 employer's account.
257-2 (b) Fifty percent of extended benefit payments based on
257-3 benefit wage credits from a taxed employer, regardless of whether
257-4 charged to an employer, shall be used in the numerator of the
257-5 replenishment ratio in Section 204.045(b). Chargebacks resulting
257-6 from the payment of extended benefits shall be used in the
257-7 denominator of the replenishment ratio in Section 204.045.
257-8 (V.A.C.S. Art. 5221b-4a(g)(4).)
257-9 Sec. 209.084. CHARGES TO GOVERNMENTAL EMPLOYER. The total
257-10 amount of extended benefit payments shall be charged to the
257-11 employer if the payments are based on benefit wage credits earned
257-12 from:
257-13 (1) a state;
257-14 (2) any political subdivision of a state; or
257-15 (3) any instrumentality of any one or more states or
257-16 political subdivisions that is wholly owned by one or more states
257-17 or political subdivisions. (V.A.C.S. Art. 5221b-4a(g)(6) (part).)
257-18 Sec. 209.085. NOTICE TO TAXED BASE PERIOD EMPLOYER. (a)
257-19 The notice to a taxed base period employer of a claim for benefits
257-20 under Section 204.023 or 204.027 must state that if the claim
257-21 results in the payment of extended benefits, the maximum potential
257-22 chargeback may be increased by as much as 25 percent. Further
257-23 notice to the employer of the potential chargeback is not required
257-24 when the extended benefits are paid.
257-25 (b) A taxed employer subject to Section 209.084 is entitled
257-26 to receive notice that its maximum potential chargeback may be
257-27 increased by as much as 50 percent rather than 25 percent as
258-1 provided for other employers. (V.A.C.S. Arts. 5221b-4a(g)(5), (6)
258-2 (part).)
258-3 CHAPTER 210. BACK PAY AWARDS; LOST OR MISPLACED WARRANTS
258-4 SUBCHAPTER A. BACK PAY AWARDS
258-5 Sec. 210.001. NOTICE OF BACK PAY AWARD REDUCTION
258-6 Sec. 210.002. REIMBURSEMENT BY EMPLOYER FOR REDUCTION
258-7 OF BACK PAY AWARD
258-8 Sec. 210.003. EMPLOYEE'S LIABILITY; SOLE LIABILITY
258-9 OF EMPLOYER
258-10 (Sections 210.004-210.010 reserved for expansion)
258-11 SUBCHAPTER B. LOST OR MISPLACED WARRANTS
258-12 Sec. 210.011. DUPLICATE FOR LOST OR MISPLACED WARRANT
258-13 Sec. 210.012. CANCELLATION OF WARRANT
258-14 Sec. 210.013. DEADLINE FOR ISSUANCE OF DUPLICATE WARRANT
258-15 CHAPTER 210. BACK PAY AWARDS; LOST OR MISPLACED WARRANTS
258-16 SUBCHAPTER A. BACK PAY AWARDS
258-17 Sec. 210.001. NOTICE OF BACK PAY AWARD REDUCTION. If a back
258-18 pay award to a claimant is reduced because of the receipt of
258-19 unemployment compensation benefits by the claimant, the employer
258-20 against whom the back pay award was made shall notify the
258-21 commission of the back pay award in writing not later than the 12th
258-22 day after the date on which the employer learns about the
258-23 reduction. (V.A.C.S. Art. 5221b-5c(a).)
258-24 Sec. 210.002. REIMBURSEMENT BY EMPLOYER FOR REDUCTION OF
258-25 BACK PAY AWARD. (a) Subject to Subsection (b), an employer who is
258-26 assessed a back pay award that is reduced because of the receipt of
258-27 unemployment compensation benefits by the claimant shall reimburse
259-1 the compensation fund for benefits paid from the compensation fund
259-2 in an amount equal to the amount of the reduction in the back pay
259-3 award.
259-4 (b) An employer is not liable under this section to pay more
259-5 than the amount that the commission determines the claimant was
259-6 overpaid unemployment compensation benefits because of the back pay
259-7 award.
259-8 (c) An employer shall reimburse the compensation fund as
259-9 provided by rules adopted by the commission.
259-10 (d) The commission shall credit the payment of reimbursement
259-11 by an employer against the overpayment of benefits. (V.A.C.S.
259-12 Arts. 5221b-5c(b), (c) (part).)
259-13 Sec. 210.003. EMPLOYEE'S LIABILITY; SOLE LIABILITY OF
259-14 EMPLOYER. A claimant is not liable for an overpayment of benefits
259-15 that results from a back pay award and for which the employer
259-16 against whom the award is made is required under Section 210.002 to
259-17 reimburse the compensation fund, and the employer's liability is
259-18 the only liability because of the overpayment. This section
259-19 prevails over any conflicting provision of this subtitle.
259-20 (V.A.C.S. Art. 5221b-5c(c) (part).)
259-21 (Sections 210.004-210.010 reserved for expansion)
259-22 SUBCHAPTER B. LOST OR MISPLACED WARRANTS
259-23 Sec. 210.011. DUPLICATE FOR LOST OR MISPLACED WARRANT. (a)
259-24 The comptroller may issue to a claimant a duplicate warrant for a
259-25 warrant issued in payment of benefits under this subtitle if:
259-26 (1) the claimant entitled to receive the warrant loses
259-27 or for any reason fails to receive the warrant; and
260-1 (2) there is satisfactory proof of the loss or failure
260-2 to receive the warrant.
260-3 (b) The duplicate warrant shall be issued as provided by
260-4 Section 403.054, Government Code. (V.A.C.S. Art. 5221b-7(d)
260-5 (part).)
260-6 Sec. 210.012. CANCELLATION OF WARRANT. If a claimant fails
260-7 or refuses to present a warrant issued for benefits before the
260-8 first anniversary of the date on which the warrant was issued, the
260-9 warrant is canceled, and the treasurer may not pay the warrant.
260-10 (V.A.C.S. Art. 5221b-7(d) (part).)
260-11 Sec. 210.013. DEADLINE FOR ISSUANCE OF DUPLICATE WARRANT. A
260-12 duplicate warrant may not be issued under this chapter after the
260-13 first anniversary of the date of the original warrant. (V.A.C.S.
260-14 Art. 5221b-7(d) (part).)
260-15 CHAPTER 211. RECIPROCAL ARRANGEMENTS
260-16 Sec. 211.001. LOCATION OF SERVICE FOR UNEMPLOYMENT
260-17 INSURANCE PURPOSES
260-18 Sec. 211.002. LOCATION OF SERVICE OF STATE EMPLOYEES
260-19 Sec. 211.003. COMBINATION OF WAGES AND EMPLOYMENT
260-20 Sec. 211.004. OFFSET FOR OVERPAYMENT OF
260-21 UNEMPLOYMENT BENEFITS
260-22 Sec. 211.005. INTERSTATE OR FOREIGN COMMERCE
260-23 Sec. 211.006. RECIPROCAL TREATMENT BY FEDERAL AGENCY
260-24 CHAPTER 211. RECIPROCAL ARRANGEMENTS
260-25 Sec. 211.001. LOCATION OF SERVICE FOR UNEMPLOYMENT INSURANCE
260-26 PURPOSES. The commission may enter into arrangements with an
260-27 appropriate agency of another state or a federal agency under which
261-1 an individual performing services in this and one or more other
261-2 states for an employing unit is considered to be engaged in
261-3 employment entirely in:
261-4 (1) this state;
261-5 (2) one of the other states in which the individual
261-6 performs some of the services;
261-7 (3) the state of the individual's residence; or
261-8 (4) the state in which the employing unit maintains a
261-9 place of business. (V.A.C.S. Art. 5221b-15a(a).)
261-10 Sec. 211.002. LOCATION OF SERVICE OF STATE EMPLOYEES. (a)
261-11 The commission may enter into a reciprocal arrangement with the
261-12 appropriate agency of another state under which a state employee
261-13 who performs services in the state that is not the employing state
261-14 is considered to be engaged in employment performed entirely in the
261-15 employing state.
261-16 (b) The commission shall enter the arrangement on request of
261-17 an agency of this state that has an employee performing a service
261-18 in another state. (V.A.C.S. Art. 5221b-15a(e).)
261-19 Sec. 211.003. COMBINATION OF WAGES AND EMPLOYMENT. The
261-20 commission shall participate in an arrangement for the payment of
261-21 benefits determined by combining an individual's wages and
261-22 employment covered under this subtitle and the wages and employment
261-23 covered under the unemployment compensation laws of another state
261-24 or the United States, or both, if the arrangement is approved by
261-25 the United States secretary of labor in consultation with the state
261-26 unemployment compensation agencies as reasonably calculated to
261-27 ensure the prompt and full payment of benefits. The arrangement
262-1 must provide for:
262-2 (1) applying the base period of one unemployment
262-3 compensation law to a claim that combines an individual's wages and
262-4 employment covered under two or more unemployment compensation
262-5 laws; and
262-6 (2) avoiding the duplicate use of wages and employment
262-7 because of the combination. (V.A.C.S. Art. 5221b-15a(b).)
262-8 Sec. 211.004. OFFSET FOR OVERPAYMENT OF UNEMPLOYMENT
262-9 BENEFITS. (a) Notwithstanding any other provision of this
262-10 subtitle, the commission may enter into a reciprocal arrangement
262-11 with an appropriate state or federal agency, or both, that
262-12 provides:
262-13 (1) an overpayment of benefits under this subtitle is
262-14 recovered by offset from unemployment benefits otherwise payable
262-15 under the unemployment compensation law of another state or of the
262-16 United States; and
262-17 (2) an overpayment of unemployment benefits under the
262-18 unemployment compensation law of the other state or the United
262-19 States are recovered by offset from benefits payable under this
262-20 subtitle.
262-21 (b) A procedure for notice or opportunity for a hearing that
262-22 applies to the recovery of an overpayment of unemployment benefits
262-23 paid under this subtitle applies to an offset of those benefits
262-24 under this section.
262-25 (c) In this section, "unemployment benefits" means
262-26 unemployment compensation benefits, trade adjustment allowances,
262-27 and other unemployment assistance. (V.A.C.S. Art. 5221b-15a(f).)
263-1 Sec. 211.005. INTERSTATE OR FOREIGN COMMERCE. The
263-2 commission may enter into a reciprocal arrangement with the
263-3 appropriate agency of another state or federal agency, or both,
263-4 under which service on a vessel or aircraft engaged in interstate
263-5 or foreign commerce for a single employer is considered to be
263-6 performed in this state or in another state, regardless of where
263-7 the service is performed. (V.A.C.S. Art. 5221b-15a(d).)
263-8 Sec. 211.006. RECIPROCAL TREATMENT BY FEDERAL AGENCY. (a)
263-9 The commission may enter into an agreement with the proper agency
263-10 under an Act of Congress establishing an unemployment compensation
263-11 system to provide reciprocal treatment to an individual:
263-12 (1) who has acquired a right to unemployment
263-13 compensation under the Act of Congress after acquiring a potential
263-14 right to benefits under this subtitle; or
263-15 (2) who has acquired a right to benefits under this
263-16 subtitle after acquiring a potential right to unemployment
263-17 compensation under the Act of Congress.
263-18 (b) An agreement under this section takes effect on the 11th
263-19 day after the date on which the agreement is published in the
263-20 manner provided for a rule. (V.A.C.S. Art. 5221b-17(g)(5)(A)
263-21 (part).)
263-22 CHAPTER 212. DISPUTE RESOLUTION
263-23 SUBCHAPTER A. GENERAL PROVISIONS
263-24 Sec. 212.001. PROCEDURES
263-25 Sec. 212.002. RECORD
263-26 Sec. 212.003. WITNESS FEES
263-27 Sec. 212.004. PAYMENT OF BENEFITS PENDING APPEAL
264-1 Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR
264-2 DECISION ALLOWING BENEFITS PROHIBITED
264-3 Sec. 212.006. RECOVERY OF BENEFITS PAID
264-4 (Sections 212.007-212.050 reserved for expansion)
264-5 SUBCHAPTER B. EXAMINERS
264-6 Sec. 212.051. DETERMINATION BY EXAMINER ON NOTIFICATION
264-7 Sec. 212.052. DETERMINATION BY EXAMINER ON EXAMINER'S
264-8 OWN MOTION
264-9 Sec. 212.053. DETERMINATION FINAL; APPEAL
264-10 Sec. 212.054. REDETERMINATION BY EXAMINER
264-11 (Sections 212.055-212.100 reserved for expansion)
264-12 SUBCHAPTER C. APPEAL TRIBUNALS
264-13 Sec. 212.101. ESTABLISHMENT OF APPEAL TRIBUNALS
264-14 Sec. 212.102. ACTION BY APPEAL TRIBUNAL
264-15 Sec. 212.103. NOTICE OF APPEAL TRIBUNAL ACTION
264-16 Sec. 212.104. DECISION CONSIDERED FINAL COMMISSION DECISION
264-17 Sec. 212.105. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE
264-18 APPEAL TRIBUNAL
264-19 (Sections 212.106-212.150 reserved for expansion)
264-20 SUBCHAPTER D. COMMISSION REVIEW
264-21 Sec. 212.151. REVIEW OF APPEAL TRIBUNAL DECISION
264-22 Sec. 212.152. NOTICE OF COMMISSION ACTION
264-23 Sec. 212.153. FINALITY OF COMMISSION DECISION
264-24 (Sections 212.154-212.200 reserved for expansion)
264-25 SUBCHAPTER E. JUDICIAL REVIEW OF COMMISSION DECISION
264-26 Sec. 212.201. COMMENCEMENT OF JUDICIAL REVIEW; DEFENDANTS
264-27 Sec. 212.202. STANDARD OF JUDICIAL REVIEW; EXCEPTIONS NOT
265-1 NECESSARY
265-2 Sec. 212.203. EXHAUSTION OF REMEDIES
265-3 Sec. 212.204. FILING OF ACTION
265-4 Sec. 212.205. PETITION; SUPERSEDEAS
265-5 Sec. 212.206. COMMISSION CONSIDERED PARTY TO JUDICIAL REVIEW;
265-6 NOTICE OF PETITION
265-7 Sec. 212.207. REPRESENTATION OF COMMISSION
265-8 Sec. 212.208. PRECEDENCE OVER OTHER CIVIL ACTIONS
265-9 Sec. 212.209. ENTRY OF COMMISSION ORDER ON FINAL DETERMINATION
265-10 OF JUDICIAL PROCEEDING
265-11 Sec. 212.210. APPEAL BOND NOT REQUIRED
265-12 CHAPTER 212. DISPUTE RESOLUTION
265-13 SUBCHAPTER A. GENERAL PROVISIONS
265-14 Sec. 212.001. PROCEDURES. The manner in which disputed
265-15 claims are presented, the reports on disputed claims required from
265-16 claimants, employers, or other persons, and the conduct of hearings
265-17 and appeals must be in accordance with rules adopted by the
265-18 commission for determining the rights of parties to disputed
265-19 claims. (V.A.C.S. Art. 5221b-4(f) (part).)
265-20 Sec. 212.002. RECORD. (a) A complete record shall be kept
265-21 of proceedings in connection with a disputed claim.
265-22 (b) Testimony at any hearing on a disputed claim shall be
265-23 recorded. (V.A.C.S. Art. 5221b-4(f) (part).)
265-24 Sec. 212.003. WITNESS FEES. (a) A witness subpoenaed under
265-25 this chapter is entitled to a fee at a rate set by the commission.
265-26 (b) The witness fee is an expense of administering this
265-27 subtitle. (V.A.C.S. Art. 5221b-4(g).)
266-1 Sec. 212.004. PAYMENT OF BENEFITS PENDING APPEAL. (a)
266-2 Except as otherwise provided by this section, benefits shall be
266-3 paid in accordance with a final determination.
266-4 (b) Benefits shall be paid promptly in accordance with:
266-5 (1) a determination or redetermination of an examiner;
266-6 (2) a decision of an appeal tribunal;
266-7 (3) a decision of the commission; or
266-8 (4) a decision of a reviewing court.
266-9 (c) Subsection (b) applies without regard to:
266-10 (1) any provision of this subtitle under which
266-11 benefits may be paid or denied; or
266-12 (2) the pendency of:
266-13 (A) a period to:
266-14 (i) apply for reconsideration;
266-15 (ii) file an appeal; or
266-16 (iii) petition for judicial review;
266-17 (B) an application for reconsideration;
266-18 (C) an appeal; or
266-19 (D) a petition for judicial review.
266-20 (d) Benefits paid under a determination, redetermination, or
266-21 decision continue until the determination, redetermination, or
266-22 decision is modified or reversed by a subsequent redetermination or
266-23 decision, and shall be paid or denied in accordance with the
266-24 modifying or reversing redetermination or decision. (V.A.C.S. Art.
266-25 5221b-4(b) (part).)
266-26 Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR
266-27 DECISION ALLOWING BENEFITS PROHIBITED. A chargeback may not be
267-1 made to an employer's account because of payments having been made
267-2 under a determination or decision to the claimant for any benefit
267-3 period with regard to which the claimant is finally denied benefits
267-4 by a modification or reversal of the determination or decision.
267-5 (V.A.C.S. Art. 5221b-4(b) (part).)
267-6 Sec. 212.006. RECOVERY OF BENEFITS PAID. (a) Benefits paid
267-7 to a claimant that are not in accordance with the final
267-8 determination or decision shall be:
267-9 (1) refunded by the claimant to the commission; or
267-10 (2) in the discretion of the commission, deducted from
267-11 future benefits payable to the claimant under this subtitle.
267-12 (b) Benefits paid that are not in accordance with the final
267-13 determination or decision are also collectible in the manner
267-14 provided by Sections 213.031, 213.032, 213.033, 213.035, and
267-15 213.051 for the collection of past due contributions. (V.A.C.S.
267-16 Art. 5221b-4(b) (part).)
267-17 (Sections 212.007-212.050 reserved for expansion)
267-18 SUBCHAPTER B. EXAMINERS
267-19 Sec. 212.051. DETERMINATION BY EXAMINER ON NOTIFICATION.
267-20 (a) If the person for which a claimant last worked files a
267-21 notification with the commission as provided by Section 208.004, an
267-22 examiner shall determine:
267-23 (1) whether the claimant is disqualified from
267-24 receiving benefits under Sections 207.044-207.053;
267-25 (2) the resolution of any other issue affecting the
267-26 claimant's right to receive benefits that arises under any other
267-27 provision of this subtitle; and
268-1 (3) whether, if benefits are to be paid to the
268-2 claimant, a chargeback is to be made to the person's account.
268-3 (b) The examiner shall mail a copy of the determination to
268-4 the claimant and:
268-5 (1) the person for which the claimant last worked;
268-6 (2) the branch or division for which the claimant last
268-7 worked; or
268-8 (3) the address for mail service designated by a
268-9 governmental employer. (V.A.C.S. Art. 5221b-4(b) (part).)
268-10 Sec. 212.052. DETERMINATION BY EXAMINER ON EXAMINER'S OWN
268-11 MOTION. (a) If a notification as provided by Section 208.004 from
268-12 the person for which a claimant last worked is not filed, and
268-13 information on the claim or other information secured raises an
268-14 issue affecting the claimant's right to benefits under this
268-15 subtitle, an examiner shall determine whether the claimant is to
268-16 receive benefits.
268-17 (b) The examiner shall mail a copy of the determination to
268-18 the claimant at the claimant's last known address. (V.A.C.S. Art.
268-19 5221b-4(b) (part).)
268-20 Sec. 212.053. DETERMINATION FINAL; APPEAL. An examiner's
268-21 determination is final for all purposes unless:
268-22 (1) the claimant or the person or branch for which the
268-23 claimant last worked and to whom the copy of the determination is
268-24 mailed files an appeal from the determination not later than the
268-25 14th calendar day after the date on which the copy of the
268-26 determination is mailed to the last known address of the claimant,
268-27 person, or branch as shown by commission records;
269-1 (2) an examiner files an appeal from the determination
269-2 within the period specified in Subdivision (1); or
269-3 (3) an examiner makes a redetermination as provided by
269-4 Section 212.054. (V.A.C.S. Art. 5221b-4(b) (part).)
269-5 Sec. 212.054. REDETERMINATION BY EXAMINER. (a) If an
269-6 examiner discovers an error in connection with a determination or
269-7 discovers additional information not previously available, the
269-8 examiner, within the period specified in Section 212.053(1), may
269-9 reconsider and redetermine the determination.
269-10 (b) An examiner's redetermination replaces the original
269-11 determination and becomes final unless the claimant or the person
269-12 for which the claimant last worked files an appeal from the
269-13 redetermination not later than the 14th calendar day after the date
269-14 on which a copy of the redetermination is mailed to the claimant's
269-15 or person's last known address as shown by commission records.
269-16 (V.A.C.S. Art. 5221b-4(b) (part).)
269-17 (Sections 212.055-212.100 reserved for expansion)
269-18 SUBCHAPTER C. APPEAL TRIBUNALS
269-19 Sec. 212.101. ESTABLISHMENT OF APPEAL TRIBUNALS. (a) The
269-20 commission shall establish one or more impartial appeal tribunals
269-21 to hear and decide disputed claims if the establishment of those
269-22 appeal tribunals is necessary to ensure prompt disposal of cases on
269-23 appeal.
269-24 (b) An appeal tribunal is composed of a salaried examiner.
269-25 (V.A.C.S. Art. 5221b-4(d).)
269-26 Sec. 212.102. ACTION BY APPEAL TRIBUNAL. Unless the appeal
269-27 is withdrawn, an appeal tribunal shall affirm or modify the
270-1 determination of the examiner after giving the parties reasonable
270-2 opportunity for fair hearing. (V.A.C.S. Art. 5221b-4(c) (part).)
270-3 Sec. 212.103. NOTICE OF APPEAL TRIBUNAL ACTION. The parties
270-4 to an appeal shall be notified of the appeal tribunal's decision
270-5 and the reasons for the decision. (V.A.C.S. Art. 5221b-4(c)
270-6 (part).)
270-7 Sec. 212.104. DECISION CONSIDERED FINAL COMMISSION DECISION.
270-8 The decision of an appeal tribunal is the final decision of the
270-9 commission unless further appeal is initiated as provided by
270-10 Section 212.151 not later than the 14th day after the date the
270-11 decision is mailed. (V.A.C.S. Art. 5221b-4(c) (part).)
270-12 Sec. 212.105. REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE
270-13 APPEAL TRIBUNAL. (a) The commission may remove to itself or
270-14 transfer to another appeal tribunal the proceedings on a claim
270-15 pending before an appeal tribunal.
270-16 (b) A quorum of the commission shall hear a proceeding
270-17 removed to the commission under Subsection (a).
270-18 (c) The commission promptly shall mail to the parties before
270-19 it a copy of its findings and decision. (V.A.C.S. Art. 5221b-4(e)
270-20 (part).)
270-21 (Sections 212.106-212.150 reserved for expansion)
270-22 SUBCHAPTER D. COMMISSION REVIEW
270-23 Sec. 212.151. REVIEW OF APPEAL TRIBUNAL DECISION. The
270-24 commission may:
270-25 (1) on its own motion:
270-26 (A) affirm, modify, or set aside any decision of
270-27 an appeal tribunal on the basis of the evidence previously
271-1 submitted in the case; or
271-2 (B) direct the taking of additional evidence; or
271-3 (2) permit any of the parties to the decision to
271-4 initiate a further appeal before the commission. (V.A.C.S. Art.
271-5 5221b-4(e) (part).)
271-6 Sec. 212.152. NOTICE OF COMMISSION ACTION. The commission
271-7 promptly shall mail to the parties before it a copy of its findings
271-8 and decision. (V.A.C.S. Art. 5221b-4(e) (part).)
271-9 Sec. 212.153. FINALITY OF COMMISSION DECISION. A decision
271-10 of the commission becomes final 14 days after the date the decision
271-11 is mailed unless before that date:
271-12 (1) the commission by order reopens the appeal; or
271-13 (2) a party to the appeal files a written motion for
271-14 rehearing. (V.A.C.S. Art. 5221b-4(h) (part).)
271-15 (Sections 212.154-212.200 reserved for expansion)
271-16 SUBCHAPTER E. JUDICIAL REVIEW OF COMMISSION DECISION
271-17 Sec. 212.201. COMMENCEMENT OF JUDICIAL REVIEW; DEFENDANTS.
271-18 (a) A party aggrieved by a final decision of the commission may
271-19 obtain judicial review of the decision by bringing an action in a
271-20 court of competent jurisdiction for review of the decision against
271-21 the commission on or after the date on which the decision is final,
271-22 and not later than the 14th day after that date.
271-23 (b) Each other party to the proceeding before the commission
271-24 must be made a defendant in an action under this subchapter.
271-25 (V.A.C.S. Art. 5221b-4(i) (part).)
271-26 Sec. 212.202. STANDARD OF JUDICIAL REVIEW; EXCEPTIONS NOT
271-27 NECESSARY. (a) Judicial review under this subchapter is by trial
272-1 de novo.
272-2 (b) It is not necessary in a judicial proceeding under this
272-3 subchapter to enter exceptions to the rulings of the commission.
272-4 (V.A.C.S. Art. 5221b-4(i) (part).)
272-5 Sec. 212.203. EXHAUSTION OF REMEDIES. (a) A party claiming
272-6 to be aggrieved by a final decision of the commission may not
272-7 obtain judicial review of the decision unless the party has
272-8 exhausted the party's remedies before the commission as provided by
272-9 this subtitle.
272-10 (b) The exhaustion of those remedies does not include a
272-11 motion for rehearing. (V.A.C.S. Art. 5221b-4(h) (part).)
272-12 Sec. 212.204. FILING OF ACTION. An action under this
272-13 subchapter must be filed:
272-14 (1) in the county of the claimant's residence; or
272-15 (2) if the claimant is not a resident of this state,
272-16 in:
272-17 (A) Travis County;
272-18 (B) the county in this state in which the
272-19 claimant's last employer has its principal place of business; or
272-20 (C) the county of the claimant's last residence
272-21 in this state. (V.A.C.S. Art. 5221b-4(i) (part).)
272-22 Sec. 212.205. PETITION; SUPERSEDEAS. (a) A petition in an
272-23 action under this subchapter must state the grounds on which review
272-24 is sought.
272-25 (b) A petition for judicial review does not act as a
272-26 supersedeas. (V.A.C.S. Art. 5221b-4(i) (part).)
272-27 Sec. 212.206. COMMISSION CONSIDERED PARTY TO JUDICIAL
273-1 REVIEW; NOTICE OF PETITION. (a) The commission is considered a
273-2 party to any judicial action involving a final decision of the
273-3 commission.
273-4 (b) A petition to bring an action under this subchapter must
273-5 be served on:
273-6 (1) a member of the commission; or
273-7 (2) a person designated by the commission.
273-8 (c) As many copies of the petition as there are defendants
273-9 must be left with the party served under Subsection (a). The
273-10 commission immediately shall mail one copy of the petition to each
273-11 defendant.
273-12 (d) Service in compliance with this section constitutes
273-13 completed service on all defendants. (V.A.C.S. Arts. 5221b-4(h)
273-14 (part), (i) (part).)
273-15 Sec. 212.207. REPRESENTATION OF COMMISSION. The commission
273-16 may be represented in any judicial action involving a final
273-17 decision of the commission by any qualified attorney who:
273-18 (1) is a regular salaried employee of the commission;
273-19 and
273-20 (2) has been appointed for that purpose by the
273-21 attorney general. (V.A.C.S. Art. 5221b-4(h) (part).)
273-22 Sec. 212.208. PRECEDENCE OVER OTHER CIVIL ACTIONS. An
273-23 action under this subchapter shall be given precedence over all
273-24 other civil cases except cases arising under the workers'
273-25 compensation laws of this state. (V.A.C.S. Art. 5221b-4(i)
273-26 (part).)
273-27 Sec. 212.209. ENTRY OF COMMISSION ORDER ON FINAL
274-1 DETERMINATION OF JUDICIAL PROCEEDING. The commission shall enter
274-2 an order in accordance with the final determination of an action
274-3 under this subchapter. (V.A.C.S. Art. 5221b-4(i) (part).)
274-4 Sec. 212.210. APPEAL BOND NOT REQUIRED. An appeal bond is
274-5 not required in an appeal from a decision of a trial court in an
274-6 action under this subchapter. (V.A.C.S. Art. 5221b-4(i) (part).)
274-7 CHAPTER 213. ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT
274-8 SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS
274-9 Sec. 213.001. REPRESENTATION IN COURT
274-10 Sec. 213.002. PROSECUTION OF CRIMINAL ACTIONS
274-11 Sec. 213.003. ADMISSIBILITY OF CERTIFIED COPY OF COMMISSION
274-12 RECORD
274-13 Sec. 213.004. ADMISSIBILITY OF REPORT OR AUDIT; PRIMA FACIE
274-14 EVIDENCE
274-15 Sec. 213.005. COSTS ADJUDGED AGAINST STATE OR COMMISSION
274-16 Sec. 213.006. PRIORITY OF CLAIM FOR CONTRIBUTION
274-17 Sec. 213.007. COLLATERAL ESTOPPEL DOCTRINE INAPPLICABLE
274-18 Sec. 213.008. ELECTION OF COLLECTION REMEDIES
274-19 Sec. 213.009. COMMISSION ENFORCEMENT OF OUT-OF-STATE
274-20 JUDGMENT
274-21 (Sections 213.010-213.020 reserved for expansion)
274-22 SUBCHAPTER B. EMPLOYER PENALTIES AND INTEREST
274-23 Sec. 213.021. PENALTY FOR PAST DUE CONTRIBUTION
274-24 Sec. 213.022. PENALTY FOR FAILURE TO FILE REPORT
274-25 Sec. 213.023. PENALTY FOR OTHER VIOLATION
274-26 Sec. 213.024. PENALTY FOR CONTINUING VIOLATION
274-27 Sec. 213.025. INTEREST ON JUDGMENT FOR PAST DUE
275-1 CONTRIBUTION
275-2 (Sections 213.026-213.030 reserved for expansion)
275-3 SUBCHAPTER C. COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE
275-4 OF ASSESSMENT
275-5 Sec. 213.031. COLLECTION REQUIRED; METHODS
275-6 Sec. 213.032. SERVICE OF NOTICE OF ASSESSMENT; CONTENTS AS
275-7 PRIMA FACIE EVIDENCE; JUDICIAL REVIEW;
275-8 EFFECT
275-9 Sec. 213.033. LIMITATIONS
275-10 Sec. 213.034. STATEMENT AS EVIDENCE IN CIVIL
275-11 ACTION; DENIAL
275-12 Sec. 213.035. COSTS
275-13 Sec. 213.036. ABSTRACT OF JUDGMENT; FEE; RELEASE
275-14 (Sections 213.037-213.050 reserved for expansion)
275-15 SUBCHAPTER D. OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
275-16 Sec. 213.051. FORFEITURE OF RIGHT TO EMPLOY INDIVIDUALS IN
275-17 THIS STATE; BOND
275-18 Sec. 213.052. INJUNCTION RESTRAINING CERTAIN VIOLATIONS
275-19 Sec. 213.053. VIOLATION OF INJUNCTION; RECEIVER
275-20 Sec. 213.054. OFFSET AGAINST STATE WARRANT
275-21 Sec. 213.055. AUDIT OF EMPLOYER
275-22 Sec. 213.056. ESTIMATED TAXABLE WAGES IF REPORT NOT FILED
275-23 Sec. 213.057. TAX LIEN
275-24 Sec. 213.058. ADDITIONAL TAX LIEN ENFORCED BY COMMISSION
275-25 (Sections 213.059-213.070 reserved for expansion)
275-26 SUBCHAPTER E. ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
275-27 Sec. 213.071. CREDIT OR REFUND OF OVERPAYMENT
276-1 Sec. 213.072. APPLICATION
276-2 Sec. 213.073. APPEAL OF COMMISSION DETERMINATION
276-3 Sec. 213.074. INTEREST NOT ALLOWED
276-4 Sec. 213.075. ADJUSTMENT OR REFUND ON COMMISSION INITIATIVE
276-5 CHAPTER 213. ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT
276-6 SUBCHAPTER A. GENERAL ENFORCEMENT PROVISIONS
276-7 Sec. 213.001. REPRESENTATION IN COURT. (a) The attorney
276-8 general shall designate an assistant attorney general to represent
276-9 the commission and the state in a civil action to enforce this
276-10 subtitle and to perform legal duties as the commission requires.
276-11 (b) The assistant attorney general shall institute in the
276-12 name of the state and the attorney general any civil action
276-13 requested by the commission.
276-14 (c) The commission shall pay the assistant attorney general
276-15 for a service performed by the assistant attorney general solely
276-16 for the commission.
276-17 (d) A qualified attorney who is regularly employed by the
276-18 commission may assist the assistant attorney general. (V.A.C.S.
276-19 Art. 5221b-15(a).)
276-20 Sec. 213.002. PROSECUTION OF CRIMINAL ACTIONS. The
276-21 prosecuting attorney for a county in which a criminal violation of
276-22 this subtitle or a rule adopted under this subtitle is alleged to
276-23 have occurred shall prosecute the criminal action. (V.A.C.S. Art.
276-24 5221b-15(b).)
276-25 Sec. 213.003. ADMISSIBILITY OF CERTIFIED COPY OF COMMISSION
276-26 RECORD. In a civil or criminal proceeding brought under this
276-27 subtitle, a certified copy of a document from commission records is
277-1 admissible in evidence instead of the original document. (V.A.C.S.
277-2 Art. 5221b-15(c).)
277-3 Sec. 213.004. ADMISSIBILITY OF REPORT OR AUDIT; PRIMA FACIE
277-4 EVIDENCE. (a) In a judicial proceeding in which the establishment
277-5 or collection of a contribution, penalty, or interest is sought
277-6 because an employer does not pay a contribution, a penalty, or
277-7 interest within the time and in the manner required by this
277-8 subtitle or by a rule adopted under this subtitle, the following
277-9 are admissible:
277-10 (1) a report filed in an office of the commission by
277-11 the employer or the employer's representative that shows the amount
277-12 of wages paid by the employer or the employer's representative for
277-13 which a contribution, a penalty, or interest has not been paid;
277-14 (2) a copy of a report described in Subdivision (1)
277-15 that is certified by a member of the commission or by an employee
277-16 designated for that purpose by the commission; and
277-17 (3) an audit made by the commission or its
277-18 representative from the books of the employer that is signed and
277-19 sworn to by the representative as being made from the records of
277-20 the employer.
277-21 (b) A report or audit admissible under this section is prima
277-22 facie evidence of the truth of its contents. The incorrectness of
277-23 the report or audit may be shown. (V.A.C.S. Art. 5221b-12(d).)
277-24 Sec. 213.005. COSTS ADJUDGED AGAINST STATE OR COMMISSION.
277-25 The commission shall pay from the administration fund established
277-26 under Subchapter D, Chapter 203, costs adjudged against the state
277-27 or the commission in a suit instituted on behalf or at the request
278-1 of the commission under this chapter or Section 204.086. (V.A.C.S.
278-2 Art. 5221b-12(h) (part).)
278-3 Sec. 213.006. PRIORITY OF CLAIM FOR CONTRIBUTION. If an
278-4 employer's assets are distributed under a court order issued under
278-5 the laws of this state, including a receivership, assignment for
278-6 benefit of creditors, adjudicated insolvency, composition, or
278-7 similar proceeding, a contribution due at the time of distribution
278-8 or that becomes due after the distribution has the same priority as
278-9 other tax claims under the laws of this state. (V.A.C.S.
278-10 Art. 5221b-12(i).)
278-11 Sec. 213.007. COLLATERAL ESTOPPEL DOCTRINE INAPPLICABLE. A
278-12 finding of fact, conclusion of law, judgment, or final order made
278-13 regarding a claim for benefits under this subtitle is not binding
278-14 and may not be used as evidence in an action or proceeding, other
278-15 than an action or proceeding brought under this subtitle, even if
278-16 the action or proceeding is between the same or related parties or
278-17 involves the same facts. (V.A.C.S. Art. 5221b-9(r).)
278-18 Sec. 213.008. ELECTION OF COLLECTION REMEDIES. An action
278-19 taken under this chapter is not an election by the commission to
278-20 pursue a particular remedy or action under this chapter to the
278-21 exclusion of another remedy or action under this subtitle or under
278-22 another law of this state. (V.A.C.S. Art. 5221b-12(c)(4) (part).)
278-23 Sec. 213.009. COMMISSION ENFORCEMENT OF OUT-OF-STATE
278-24 JUDGMENT. (a) A qualified attorney who is a regular salaried
278-25 employee of the commission may represent an employment security
278-26 agency of another state in a proceeding in a court in this state to
278-27 collect a contribution, a penalty, interest, or a court cost for
279-1 which liability has been incurred by an employing unit under an
279-2 unemployment compensation law or unemployment insurance law of the
279-3 other state, if:
279-4 (1) the liability has been reduced to judgment in a
279-5 court of record in the state of the requesting agency; and
279-6 (2) the unemployment compensation law or unemployment
279-7 insurance law of the requesting state provides for a similar action
279-8 on behalf of the commission by the requesting state agency.
279-9 (b) The venue for a proceeding under this section is the
279-10 same as the venue for an action to collect an overdue contribution,
279-11 penalty, or interest due under this subtitle. (V.A.C.S.
279-12 Art. 5221b-12(m).)
279-13 (Sections 213.010-213.020 reserved for expansion)
279-14 SUBCHAPTER B. EMPLOYER PENALTIES AND INTEREST
279-15 Sec. 213.021. PENALTY FOR PAST DUE CONTRIBUTION. (a) An
279-16 employer who does not pay a contribution on or before the date
279-17 prescribed by the commission shall pay to the state a penalty equal
279-18 to one and one-half percent of the contribution for each month or
279-19 portion of a month that the contribution and penalty are not paid
279-20 in full. The total penalty applied may not exceed 37-1/2 percent
279-21 of the amount of contribution due at the due date.
279-22 (b) The penalty does not apply to an employer who:
279-23 (1) failed to pay a contribution because of the bona
279-24 fide belief that all or some of its employees were covered under
279-25 the unemployment insurance law of another state; and
279-26 (2) paid when due a contribution on all the wages of
279-27 those employees under that law. (V.A.C.S. Art. 5221b-12(a)
280-1 (part).)
280-2 Sec. 213.022. PENALTY FOR FAILURE TO FILE REPORT. An
280-3 employer who does not file a report of wages paid or contributions
280-4 due as required by this subtitle or commission rule shall pay to
280-5 the commission a penalty in the amount equal to:
280-6 (1) $15, if the completed report is filed not later
280-7 than the 15th day after the report's due date;
280-8 (2) $30 plus one-twentieth of one percent of wages
280-9 that the employer failed to report, if the completed report is
280-10 filed after the 15th day after the report's due date but during the
280-11 first month after the report's due date;
280-12 (3) the sum of the amount computed under Subdivision
280-13 (2) and the amount equal to $30 plus one-tenth of one percent of
280-14 wages that the employer failed to report, if the completed report
280-15 is filed during the second month after the report's due date; or
280-16 (4) the sum of the amount computed under Subdivision
280-17 (3) and the amount equal to $30 plus one-fifth of one percent of
280-18 wages that the employer failed to report, if the completed report
280-19 is filed during the third month after the report's due date.
280-20 (V.A.C.S. Art. 5221b-12(c)(1) (part).)
280-21 Sec. 213.023. PENALTY FOR OTHER VIOLATION. An employing
280-22 unit shall pay a penalty of $30 if a civil penalty is not otherwise
280-23 provided by this subtitle and the employing unit:
280-24 (1) does not keep records required under this subtitle
280-25 or commission rule;
280-26 (2) makes a false report to the commission; or
280-27 (3) violates this subtitle or a commission rule
281-1 adopted under this subtitle. (V.A.C.S. Art. 5221b-12(c)(2)
281-2 (part).)
281-3 Sec. 213.024. PENALTY FOR CONTINUING VIOLATION. (a) In
281-4 addition to the penalty imposed under Section 213.023, an employing
281-5 unit shall pay a penalty of $30 for each consecutive day that a
281-6 violation of this subtitle or of a rule adopted under this subtitle
281-7 continues after notice is given as provided by Subsection (b).
281-8 (b) The penalty is imposed and becomes cumulative on the
281-9 10th day after the date written notice is given or mailed to the
281-10 employing unit by the commission or its authorized representative.
281-11 (V.A.C.S. Art. 5221b-12(c)(2) (part).)
281-12 Sec. 213.025. INTEREST ON JUDGMENT FOR PAST DUE
281-13 CONTRIBUTION. For a judgment that grants recovery of the amount of
281-14 a contribution and the amount of a penalty computed at the maximum
281-15 rate permitted under Section 213.021(a), the part of the judgment
281-16 for the amount of the contribution earns interest at the rate of
281-17 one percent for each month or part of a month it remains unpaid.
281-18 (V.A.C.S. Art. 5221b-12(a) (part).)
281-19 (Sections 213.026-213.030 reserved for expansion)
281-20 SUBCHAPTER C. COLLECTION OF CONTRIBUTION BY CIVIL SUIT
281-21 OR NOTICE OF ASSESSMENT
281-22 Sec. 213.031. COLLECTION REQUIRED; METHODS. If after notice
281-23 an employer does not pay a contribution or a penalty or interest on
281-24 a contribution, the commission shall collect the amount due by:
281-25 (1) bringing a civil action in the name of the state
281-26 and the attorney general in a district court in Travis County; or
281-27 (2) serving a notice of assessment on the defaulting
282-1 employer, stating the amount of the contribution, penalty, and
282-2 interest outstanding. (V.A.C.S. Art. 5221b-12(b) (part).)
282-3 Sec. 213.032. SERVICE OF NOTICE OF ASSESSMENT; CONTENTS AS
282-4 PRIMA FACIE EVIDENCE; JUDICIAL REVIEW; EFFECT. (a) A notice of
282-5 assessment shall be served in the manner provided by law for
282-6 service of process on a defendant in a civil action in district
282-7 court.
282-8 (b) A notice of assessment is prima facie evidence of the
282-9 truth of contents of the notice. The incorrectness of the notice
282-10 may be shown.
282-11 (c) An employer aggrieved by the determination of the
282-12 commission as stated in a notice of assessment may file a petition
282-13 for judicial review of the assessment with a Travis County district
282-14 court not later than the 30th day after the date on which the
282-15 notice of assessment is served. A copy of the petition must be
282-16 served on a member of the commission or on a person designated by
282-17 the commission in the manner provided by law for service of process
282-18 on a defendant in a civil action in a district court.
282-19 (d) If an employer does not seek judicial review under
282-20 Subsection (c), a commission assessment is final for all purposes.
282-21 (e) An assessment that is not contested by the employer or
282-22 that is upheld after judicial review has the effect of a final
282-23 judgment of a district court and shall be recorded, enforced, and
282-24 renewed in the same manner. (V.A.C.S. Art. 5221b-12(b) (part).)
282-25 Sec. 213.033. LIMITATIONS. (a) The commission may not
282-26 begin a civil action in court or make an assessment under this
282-27 subchapter to collect a contribution or penalty from an employer
283-1 after the third anniversary after the due date of the contribution.
283-2 (b) In the case of a wilful attempt to evade the provisions
283-3 of this subtitle or a commission rule adopted under this subtitle,
283-4 the action or assessment may be begun or made at any time.
283-5 (V.A.C.S. Art. 5221b-12(b) (part).)
283-6 Sec. 213.034. STATEMENT AS EVIDENCE IN CIVIL ACTION; DENIAL.
283-7 (a) If a civil action filed under this subchapter is supported by
283-8 a statement, report, or audit issued by the commission and the
283-9 commission certifies that the contribution, penalty, and interest
283-10 shown to be due by the statement, report, or audit are delinquent
283-11 and that all offsets, payments, and credits have been allowed, the
283-12 statement, report, or audit is prima facie evidence of the truth of
283-13 its contents unless before an announcement of ready for trial the
283-14 defendant files an affidavit that:
283-15 (1) denies that all or part of the contribution,
283-16 penalty, or interest is due; and
283-17 (2) states the details relating to any part of the
283-18 contribution, penalty, or interest claimed not due.
283-19 (b) If the defendant files an affidavit described by
283-20 Subsection (a) on the day of the trial, the court at the request of
283-21 the plaintiff shall postpone the cause for a reasonable time.
283-22 (c) A defendant who does not file an affidavit in accordance
283-23 with this section may not deny the claim for the contribution,
283-24 penalty, or interest or an item of the claim. (V.A.C.S. Art.
283-25 5221b-12(e).)
283-26 Sec. 213.035. COSTS. Unless the employer prevails in a
283-27 civil action brought under this subchapter or the notice of
284-1 assessment is reversed by a reviewing court, the employer shall pay
284-2 all costs of either action. (V.A.C.S. Art. 5221b-12(b) (part).)
284-3 Sec. 213.036. ABSTRACT OF JUDGMENT; FEE; RELEASE. (a) The
284-4 commission shall pay the fee for filing and recording an abstract
284-5 of a judgment against an employer for a contribution, a penalty, or
284-6 interest by warrant drawn by the comptroller to the county clerk of
284-7 each county in which the abstract is recorded.
284-8 (b) When the liability secured by the lien is paid, the
284-9 commission shall mail a release of the lien to the employer. The
284-10 employer is responsible for filing the release with the appropriate
284-11 county clerk and for paying the county clerk's fee for recording
284-12 the release. (V.A.C.S. Art. 5221b-12(n).)
284-13 (Sections 213.037-213.050 reserved for expansion)
284-14 SUBCHAPTER D. OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER
284-15 Sec. 213.051. FORFEITURE OF RIGHT TO EMPLOY INDIVIDUALS IN
284-16 THIS STATE; BOND. (a) After a judgment is entered against an
284-17 employer for a contribution, a penalty, or interest or an
284-18 assessment against an employer under this chapter is final and
284-19 execution returned unsatisfied, an employer liable for the unpaid
284-20 judgment may not employ an individual in this state until the
284-21 employer furnishes a surety bond.
284-22 (b) The amount of the bond may not exceed twice the amount
284-23 due at the time the bond is furnished plus contributions estimated
284-24 by the commission to become due from the employer during the
284-25 succeeding calendar year. The bond must be conditioned on payment
284-26 of the contribution, penalty, interest, and court costs due from
284-27 the employer not later than January 30 of the succeeding calendar
285-1 year. The bond must be approved by the commission.
285-2 (c) If the employer does not furnish the bond or pay the
285-3 contribution, penalty, and interest due, the commission may apply
285-4 to the court that entered the judgment for an injunction to
285-5 prohibit the employer from employing a person in this state without
285-6 first furnishing a bond as required by this section. After
285-7 reasonable notice of not less than 10 days by the court, the court
285-8 may grant a temporary injunction. The temporary injunction may be
285-9 made permanent on final hearing and remains in effect until the
285-10 requirements of this chapter are satisfied. (V.A.C.S. Art.
285-11 5221b-12(b) (part).)
285-12 Sec. 213.052. INJUNCTION RESTRAINING CERTAIN VIOLATIONS.
285-13 (a) If an individual or employing unit appears to be violating or
285-14 threatening to violate this subtitle or any rule or order of the
285-15 commission adopted under this subtitle relating to the collection
285-16 of a contribution, a penalty, or interest or to the filing of a
285-17 report relating to employment, the commission shall bring suit
285-18 against the individual or employing unit to restrain the violation.
285-19 The court may grant a temporary or permanent, prohibitory or
285-20 mandatory injunction, including a temporary restraining order, as
285-21 warranted by the facts.
285-22 (b) A suit under this section must be brought through the
285-23 attorney general in the name of the state in a court of competent
285-24 jurisdiction in Travis County. (V.A.C.S. Art. 5221b-12(k) (part).)
285-25 Sec. 213.053. VIOLATION OF INJUNCTION; RECEIVER. (a) If an
285-26 individual or an employing unit violates an injunction granted
285-27 under this subtitle, the court on its own motion or the
286-1 commission's motion in the name of the state, after notice and
286-2 hearing, may appoint a receiver. The receiver may exercise the
286-3 powers that, in the judgment of the court, are necessary to provide
286-4 compliance with the injunction, including taking charge of the
286-5 property of the individual or employing unit.
286-6 (b) The power to appoint a receiver under this section is in
286-7 addition to the power to punish for contempt. (V.A.C.S. Art.
286-8 5221b-12(k) (part).)
286-9 Sec. 213.054. OFFSET AGAINST STATE WARRANT. Any
286-10 contribution, penalty, interest, or court cost owed by an employer
286-11 under a final court judgment under this subtitle is a debt owed by
286-12 the employer to the state under Section 403.055, Government Code,
286-13 only for withholding of a warrant for:
286-14 (1) the refund of taxes, fees, assessments, or other
286-15 deposits required under the law of this state; or
286-16 (2) compensation for goods and services, other than a
286-17 warrant for:
286-18 (A) payment for services performed as an elected
286-19 or appointed employee of this state; or
286-20 (B) reimbursement of expenses incurred in the
286-21 performance of employment as an elected or appointed employee of
286-22 this state. (V.A.C.S. Art. 5221b-12(l).)
286-23 Sec. 213.055. AUDIT OF EMPLOYER. (a) The commission may
286-24 employ an auditor or other person to determine the amount of a
286-25 contribution due and prepare a report due from an employer who does
286-26 not properly pay a contribution or make a report as required by
286-27 this subtitle or a rule adopted under this subtitle.
287-1 (b) An employer who has not paid the correct amount or made
287-2 a correct report shall pay, as an additional penalty, the
287-3 reasonable expenses incurred in the investigation under Subsection
287-4 (a). The commission may collect this penalty in accordance with
287-5 this chapter.
287-6 (c) This section does not prevent the commission from using
287-7 other available funds as necessary for the purpose of auditing an
287-8 employer or preparing or assisting in preparing a report of an
287-9 employer. (V.A.C.S. Art. 5221b-12(g).)
287-10 Sec. 213.056. ESTIMATED TAXABLE WAGES IF REPORT NOT FILED.
287-11 (a) If an employer does not make a report to the commission that
287-12 is required by this subtitle or by commission rule, the commission
287-13 may estimate the taxable wages paid by the employer during the
287-14 period to have been covered by the report. In making this
287-15 estimate, the commission may use any available source of
287-16 information.
287-17 (b) The commission may collect contributions and penalties
287-18 using an estimate made under this section as if the estimated wages
287-19 had been properly reported by the employer. (V.A.C.S. Art.
287-20 5221b-12(c)(3).)
287-21 Sec. 213.057. TAX LIEN. (a) The amount due from an
287-22 employing unit under this subtitle is secured by a lien on property
287-23 belonging to the employing unit or to any individual indebted for
287-24 the sum.
287-25 (b) The lien attaches at the time the contribution, penalty,
287-26 interest, or other charge becomes overdue.
287-27 (c) The lien may be recorded in a "State Tax Liens" book
288-1 kept by a county clerk under Section 113.004, Tax Code.
288-2 (d) The lien may be released in the manner provided for
288-3 other state tax liens under Chapter 113, Tax Code.
288-4 (e) The commission shall pay by warrant drawn by the
288-5 comptroller to the county clerk of the county in which the notice
288-6 of lien is filed the fee for filing and recording similar
288-7 instruments. The fee shall be added to the amount due from the
288-8 employer.
288-9 (f) When the liability secured by the lien is fully paid,
288-10 the commission shall mail to the employer a release of the lien.
288-11 The employer is responsible for filing the release with the
288-12 appropriate county clerk and to pay the county clerk's fee for
288-13 recording the release. (V.A.C.S. Art. 5221b-12(f).)
288-14 Sec. 213.058. ADDITIONAL TAX LIEN ENFORCED BY COMMISSION.
288-15 (a) The amount due from an employing unit to the commission under
288-16 this subtitle is secured by a lien on property belonging to the
288-17 employing unit or to any individual indebted for the sum.
288-18 (b) The lien attaches at the time a contribution, a penalty,
288-19 interest, or another charge becomes overdue.
288-20 (c) Subchapters A and B, Chapter 113, Tax Code, govern the
288-21 enforcement of a lien under this section. In administering and
288-22 enforcing a lien created under this section, the commission has the
288-23 powers and duties imposed and conferred on the comptroller for the
288-24 enforcement of other liens under those subchapters.
288-25 (d) A lien under this section is cumulative of the lien
288-26 created under Section 213.057. (V.A.C.S. Art. 5221b-12A.)
288-27 (Sections 213.059-213.070 reserved for expansion)
289-1 SUBCHAPTER E. ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT
289-2 Sec. 213.071. CREDIT OR REFUND OF OVERPAYMENT. (a) The
289-3 commission shall allow the employing unit on application under
289-4 Section 213.072 to adjust its contribution payments then due for a
289-5 contribution or penalty erroneously collected from the employer.
289-6 (b) If an adjustment cannot be made under Subsection (a),
289-7 the commission shall refund the amount erroneously collected.
289-8 (c) The commission may not approve an application for
289-9 adjustment or refund if making the adjustment or refund would
289-10 require removing or disregarding benefit wages that became benefit
289-11 wage credits or that were charged as benefit wages more than three
289-12 years before the date on which the application was filed. For the
289-13 purpose of this subsection, removing or disregarding benefit wages
289-14 does not include transferring compensation experience described in
289-15 Subchapter E, Chapter 204. (V.A.C.S. Art. 5221b-12(j)(1) (part).)
289-16 Sec. 213.072. APPLICATION. (a) An employing unit that pays
289-17 the commission a contribution or penalty that is allegedly due and
289-18 that later is determined not due, in whole or in part, may apply to
289-19 the commission for:
289-20 (1) an adjustment for a contribution payment then due;
289-21 or
289-22 (2) a refund of the overpaid amount if an adjustment
289-23 cannot be made.
289-24 (b) An application for adjustment or refund must be filed
289-25 before the third anniversary of the date on which the contribution
289-26 or penalty was allegedly due. (V.A.C.S. Art. 5221b-12(j)(1)
289-27 (part).)
290-1 Sec. 213.073. APPEAL OF COMMISSION DETERMINATION. (a) If
290-2 the commission denies a timely application made under this
290-3 subchapter, the employing unit may bring an action in a court of
290-4 competent jurisdiction in Travis County against the commission for
290-5 review of the commission's refusal to allow an adjustment or a
290-6 refund.
290-7 (b) An action under this section must be filed before the
290-8 first anniversary of the date on which notice of the denial was
290-9 mailed to the employing unit.
290-10 (c) Trial of an action filed under this section is by trial
290-11 de novo.
290-12 (d) The employing unit may not bring an action for the
290-13 refund under any other law. (V.A.C.S. Art. 5221b-12(j)(2) (part).)
290-14 Sec. 213.074. INTEREST NOT ALLOWED. Interest is not allowed
290-15 on an adjustment or refund made under this subchapter or a recovery
290-16 made in a court action filed under this subchapter. (V.A.C.S.
290-17 Arts. 5221b-12(j)(1) (part), (2) (part).)
290-18 Sec. 213.075. ADJUSTMENT OR REFUND ON COMMISSION INITIATIVE.
290-19 The commission may make an adjustment or refund on its own
290-20 initiative under this subchapter within the period prescribed by
290-21 this subchapter. (V.A.C.S. Art. 5221b-12(j)(1) (part).)
290-22 CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS
290-23 Sec. 214.001. FRAUDULENTLY OBTAINING BENEFITS
290-24 OR OTHER PAYMENT
290-25 Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING
290-26 BENEFITS
290-27 Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID
291-1 AND REMAINING BENEFITS
291-2 Sec. 214.004. FRAUDULENTLY AVOIDING CONTRIBUTION OR PAYMENT
291-3 OF BENEFITS
291-4 Sec. 214.005. FAILURE OR REFUSAL TO MAKE CONTRIBUTION OR
291-5 OTHER PAYMENT
291-6 Sec. 214.006. OFFENSES REGARDING REPORTS AND RECORDS
291-7 Sec. 214.007. GENERAL OFFENSE
291-8 CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS
291-9 Sec. 214.001. FRAUDULENTLY OBTAINING BENEFITS OR OTHER
291-10 PAYMENT. (a) A person commits an offense if, to obtain or
291-11 increase a benefit or other payment, either for the person or
291-12 another person, under this subtitle, the unemployment compensation
291-13 law of another state, or any act or program of the United States
291-14 that is administered by the commission, the person:
291-15 (1) makes a false statement or representation, knowing
291-16 it to be false; or
291-17 (2) knowingly fails to disclose a material fact.
291-18 (b) An offense under this section is a Class A misdemeanor.
291-19 (V.A.C.S. Art. 5221b-14(a).)
291-20 Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING BENEFITS.
291-21 (a) A person who has received improper benefits is liable for the
291-22 amount of the improper benefits. The commission may recover
291-23 improper benefits by:
291-24 (1) deducting the amount of the improper benefits from
291-25 any future benefits payable to the person; or
291-26 (2) collecting the amount of the improper benefits for
291-27 the compensation fund in the same manner provided by Sections
292-1 213.031, 213.032, 213.033, 213.035, and 213.051 for the collection
292-2 of past due contributions.
292-3 (b) In this section, "improper benefit" means the benefit
292-4 obtained by a person:
292-5 (1) because of the nondisclosure or misrepresentation
292-6 by the person or by another of a material fact, without regard to
292-7 whether the nondisclosure or misrepresentation was known or
292-8 fraudulent; and
292-9 (2) while:
292-10 (A) any condition imposed by this subtitle for
292-11 the person's qualifying for the benefit was not fulfilled in the
292-12 person's case; or
292-13 (B) the person was disqualified from receiving
292-14 benefits. (V.A.C.S. Art. 5221b-14(d).)
292-15 Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID
292-16 AND REMAINING BENEFITS. (a) If, by wilful nondisclosure or
292-17 misrepresentation of a material fact, whether the nondisclosure or
292-18 misrepresentation is made by the person or for the person by
292-19 another, a person receives a benefit when a condition imposed by
292-20 this subtitle for the person's qualifying for the benefit is not
292-21 fulfilled or the person is disqualified from receiving the benefit,
292-22 the person forfeits the:
292-23 (1) benefit received; and
292-24 (2) rights to benefits that remain in the benefit year
292-25 in which the nondisclosure or misrepresentation occurred.
292-26 (b) If a person attempts to obtain or increase benefits by a
292-27 nondisclosure or misrepresentation as provided by Subsection (a),
293-1 the commission may cancel the person's right to benefits that
293-2 remain in the benefit year in which the nondisclosure or
293-3 misrepresentation occurred.
293-4 (c) A forfeiture or cancellation under this section is
293-5 effective only after the person has been afforded an opportunity
293-6 for a fair hearing before the commission or its duly designated
293-7 representative. (V.A.C.S. Art. 5221b-14(e).)
293-8 Sec. 214.004. FRAUDULENTLY AVOIDING CONTRIBUTION OR PAYMENT
293-9 OF BENEFITS. (a) A person commits an offense if the person makes
293-10 a false representation, knowing it to be false, or knowingly fails
293-11 to disclose a material fact, to:
293-12 (1) prevent or reduce the payment of benefits to an
293-13 individual entitled to the benefits;
293-14 (2) avoid becoming or remaining subject to this
293-15 subtitle; or
293-16 (3) avoid or reduce any contribution or other payment
293-17 required from an employing unit under this subtitle.
293-18 (b) An offense under this section is a Class A misdemeanor.
293-19 (V.A.C.S. Art. 5221b-14(b) (part).)
293-20 Sec. 214.005. FAILURE OR REFUSAL TO MAKE CONTRIBUTION OR
293-21 OTHER PAYMENT. (a) A person commits an offense if the person
293-22 wilfully fails or refuses to make a contribution or other payment
293-23 required from an employing unit under this subtitle.
293-24 (b) An offense under this section is a Class A misdemeanor.
293-25 (V.A.C.S. Art. 5221b-14(b) (part).)
293-26 Sec. 214.006. OFFENSES REGARDING REPORTS AND RECORDS. (a)
293-27 A person commits an offense if the person wilfully fails or refuses
294-1 to:
294-2 (1) furnish a report required under this subtitle; or
294-3 (2) produce or permit the inspection or copying of
294-4 records as required under this subtitle.
294-5 (b) An offense under this section is a Class A misdemeanor.
294-6 (V.A.C.S. Art. 5221b-14(b) (part).)
294-7 Sec. 214.007. GENERAL OFFENSE. (a) A person commits an
294-8 offense if the person wilfully violates a provision of this
294-9 subtitle or a rule adopted under this subtitle:
294-10 (1) the violation of which is made unlawful or the
294-11 observance of which is required under this subtitle; and
294-12 (2) for which a penalty is not otherwise provided by
294-13 this subtitle or any other applicable statute.
294-14 (b) An offense under this section is a Class A misdemeanor.
294-15 (V.A.C.S. Art. 5221b-14(c).)
294-16 CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
294-17 SUBCHAPTER A. GENERAL PROVISIONS
294-18 Sec. 215.001. DEFINITIONS
294-19 Sec. 215.002. SHARED WORK UNEMPLOYMENT COMPENSATION
294-20 PROGRAM
294-21 (Sections 215.003-215.020 reserved for expansion)
294-22 SUBCHAPTER B. SHARED WORK PLAN
294-23 Sec. 215.021. APPROVAL REQUIRED FOR EMPLOYER PLAN
294-24 Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN
294-25 Sec. 215.023. APPROVAL OR DENIAL OF SHARED WORK PLAN;
294-26 NOTICE
294-27 Sec. 215.024. EFFECTIVE DATE OF SHARED WORK PLAN;
295-1 EXPIRATION OR TERMINATION
295-2 Sec. 215.025. MODIFICATION OF SHARED WORK PLAN
295-3 Sec. 215.026. PARTICIPATING EMPLOYER'S REPORT ON PLAN
295-4 OPERATION
295-5 (Sections 215.027-215.040 reserved for expansion)
295-6 SUBCHAPTER C. SHARED WORK BENEFITS
295-7 Sec. 215.041. EMPLOYEE'S ELIGIBILITY FOR SHARED
295-8 WORK BENEFITS
295-9 Sec. 215.042. SHARED WORK BENEFITS FORMULA
295-10 Sec. 215.043. LIMITATIONS ON BENEFITS
295-11 Sec. 215.044. EXTENDED BENEFITS
295-12 CHAPTER 215. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM
295-13 SUBCHAPTER A. GENERAL PROVISIONS
295-14 Sec. 215.001. DEFINITIONS. In this chapter:
295-15 (1) "Affected unit" means a unit of two or more
295-16 employees, including a department or shift, designated by an
295-17 employer to participate in a shared work plan.
295-18 (2) "Fringe benefit" means health insurance, a
295-19 retirement benefit received under a pension plan, a paid vacation
295-20 day, a paid holiday, sick leave, or any other similar employee
295-21 benefit provided by an employer.
295-22 (3) "Normal weekly hours of work" means the number of
295-23 hours in a week that an employee ordinarily works for a
295-24 participating employer or 40 hours, whichever is less.
295-25 (4) "Participating employee" means an employee who
295-26 works a reduced number of hours under an approved shared work plan.
295-27 (5) "Participating employer" means an employer who has
296-1 a shared work plan in effect.
296-2 (6) "Shared work benefit" means an unemployment
296-3 compensation benefit that is payable to a participating employee.
296-4 (7) "Shared work plan" means a plan for reducing
296-5 unemployment under which employees who are members of an affected
296-6 unit share the work remaining after a reduction in their normal
296-7 weekly hours of work.
296-8 (8) "Shared work program" means the shared work
296-9 unemployment compensation program. (New; V.A.C.S. Arts.
296-10 5221b-22f(a)(1)-(8).)
296-11 Sec. 215.002. SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM.
296-12 (a) The commission, under a voluntary shared work unemployment
296-13 compensation program designed to reduce unemployment and stabilize
296-14 the work force, shall allow participating employees shared work
296-15 benefits.
296-16 (b) The commission may adopt rules and establish procedures
296-17 necessary to administer the shared work program. (V.A.C.S. Arts.
296-18 5221b-22f(a)(9), (b).)
296-19 (Sections 215.003-215.020 reserved for expansion)
296-20 SUBCHAPTER B. SHARED WORK PLAN
296-21 Sec. 215.021. APPROVAL REQUIRED FOR EMPLOYER PLAN. (a)
296-22 Before an employer may participate in the shared work program, the
296-23 commission must approve the employer's shared work plan. The plan
296-24 must be submitted in writing to the commission.
296-25 (b) If an employee who participates in a shared work plan is
296-26 covered by a collective bargaining agreement, the collective
296-27 bargaining agent must approve the plan in writing. (V.A.C.S. Arts.
297-1 5221b-22f(c) (part), (e).)
297-2 Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The
297-3 commission may approve a shared work plan if:
297-4 (1) the plan:
297-5 (A) applies to and identifies a specific
297-6 affected unit;
297-7 (B) identifies the employees in the affected
297-8 unit by name and social security number;
297-9 (C) reduces the normal weekly hours of work for
297-10 an employee in the affected unit by at least 10 percent but not
297-11 more than 40 percent;
297-12 (D) applies to at least 10 percent of the
297-13 employees in the affected unit; and
297-14 (E) describes the manner in which the
297-15 participating employer treats the fringe benefits of each employee
297-16 in the affected unit;
297-17 (2) the employer certifies that the implementation of
297-18 a shared work plan and the resulting reduction in work hours is in
297-19 lieu of temporary layoffs that would:
297-20 (A) affect at least 10 percent of the employees
297-21 in the affected unit; and
297-22 (B) result in an equivalent reduction in work
297-23 hours; and
297-24 (3) the employer agrees to furnish the commission
297-25 reports relating to the operation of the plan as requested by the
297-26 commission.
297-27 (b) A shared work plan may not be implemented to subsidize a
298-1 seasonal employer during the off-season or to subsidize an employer
298-2 who traditionally has used part-time employees. (V.A.C.S. Arts.
298-3 5221b-22f(c) (part), (d), (f).)
298-4 Sec. 215.023. APPROVAL OR DENIAL OF SHARED WORK PLAN;
298-5 NOTICE. (a) The commission shall approve or deny a shared work
298-6 plan in writing not later than the 30th day after the date the
298-7 commission receives the plan.
298-8 (b) If the commission denies the plan, the commission shall
298-9 give the employer the reasons for denial. (V.A.C.S. Art.
298-10 5221b-22f(g).)
298-11 Sec. 215.024. EFFECTIVE DATE OF SHARED WORK PLAN; EXPIRATION
298-12 OR TERMINATION. (a) A shared work plan takes effect on the date
298-13 the commission approves the plan.
298-14 (b) A shared work plan expires on the last day of the 12th
298-15 calendar month beginning after the effective date of the plan.
298-16 (c) The commission may terminate a shared work plan for good
298-17 cause if the plan is not being executed according to the terms and
298-18 intent of the shared work program. (V.A.C.S. Arts. 5221b-22f(h),
298-19 (p).)
298-20 Sec. 215.025. MODIFICATION OF SHARED WORK PLAN. (a) An
298-21 employer may modify a shared work plan to meet changed conditions
298-22 if the modification conforms to the basic provisions of the plan as
298-23 approved by the commission.
298-24 (b) Before implementing a proposed change, the employer must
298-25 report the change in writing to the commission.
298-26 (c) The commission shall reevaluate a plan that is proposed
298-27 to be substantially modified.
299-1 (d) If a proposed plan modification is substantial, the
299-2 commission may approve the modified plan according to the
299-3 requirements of Sections 215.022(a)(1) and (2) or shall deny the
299-4 modification subject to Section 215.023.
299-5 (e) Approval of a modified plan does not affect the plan's
299-6 original expiration date. (V.A.C.S. Art. 5221b-22f(i).)
299-7 Sec. 215.026. PARTICIPATING EMPLOYER'S REPORT ON PLAN
299-8 OPERATION. A participating employer shall:
299-9 (1) monitor and evaluate the operation of its
299-10 established shared work plan as requested by the commission; and
299-11 (2) report the findings to the commission. (V.A.C.S.
299-12 Art. 5221b-22f(c) (part).)
299-13 (Sections 215.027-215.040 reserved for expansion)
299-14 SUBCHAPTER C. SHARED WORK BENEFITS
299-15 Sec. 215.041. EMPLOYEE'S ELIGIBILITY FOR SHARED WORK
299-16 BENEFITS. (a) Notwithstanding any other provision of this
299-17 subtitle, an individual is unemployed for the purposes of this
299-18 subtitle in a week in which the individual works under an approved
299-19 shared work plan in effect for that week for less than the
299-20 individual's normal weekly hours of work.
299-21 (b) An individual is eligible to receive shared work
299-22 benefits for a week in which:
299-23 (1) the individual is employed as a member of an
299-24 affected unit subject to a shared work plan that was approved
299-25 before that week and is in effect for that week;
299-26 (2) the individual is able to work and is available
299-27 for additional hours of work or for full-time work with the
300-1 participating employer; and
300-2 (3) the individual's normal weekly hours of work have
300-3 been reduced by at least 10 percent but not more than 40 percent,
300-4 with a corresponding reduction in wages.
300-5 (c) The commission may not deny shared work benefits for a
300-6 week to an otherwise eligible individual because of a provision of
300-7 this subtitle that relates to:
300-8 (1) availability for work;
300-9 (2) active search for work; or
300-10 (3) refusal to apply for or to accept work with an
300-11 employer other than the participating employer. (V.A.C.S. Arts.
300-12 5221b-22f(j), (k).)
300-13 Sec. 215.042. SHARED WORK BENEFITS FORMULA. (a) The
300-14 commission shall pay an individual who is eligible for shared work
300-15 benefits a weekly shared work benefit in an amount equal to the
300-16 individual's regular weekly benefit amount for a period of total
300-17 unemployment multiplied by the nearest full percentage of reduction
300-18 of the individual's wages under the employer's shared work plan.
300-19 (b) The commission shall round to the next highest dollar a
300-20 shared work benefit that is not a multiple of one dollar.
300-21 (V.A.C.S. Art. 5221b-22f(l).)
300-22 Sec. 215.043. LIMITATIONS ON BENEFITS. (a) An individual
300-23 is not entitled to receive shared work benefits and regular
300-24 unemployment compensation benefits that exceed the maximum total
300-25 benefits payable to the individual in a benefit year as provided by
300-26 Section 207.005.
300-27 (b) An individual who receives shared work benefits is not
301-1 entitled to receive benefits for partial unemployment under Section
301-2 207.003 for any week in which the individual works as a
301-3 participating employee.
301-4 (c) The commission may not pay an individual shared work
301-5 benefits for a week in which the individual performs paid work for
301-6 the participating employer that exceeds the reduced hours
301-7 established under a shared work plan. (V.A.C.S. Arts.
301-8 5221b-22f(m), (n).)
301-9 Sec. 215.044. EXTENDED BENEFITS. An individual who has
301-10 received all of the shared work benefits and regular unemployment
301-11 compensation benefits available in a benefit year is an individual
301-12 who has exhausted regular benefits under Section 209.042 and is
301-13 entitled to receive extended benefits under Chapter 209 if the
301-14 individual is otherwise eligible under that chapter. (V.A.C.S.
301-15 Art. 5221b-22f(o).)
301-16 CHAPTER 216. COMMUNITIES IN SCHOOLS PROGRAM
301-17 SUBCHAPTER A. GENERAL PROVISIONS
301-18 Sec. 216.001. DEFINITIONS
301-19 Sec. 216.002. STATEWIDE OPERATION OF PROGRAM
301-20 (Sections 216.003-216.010 reserved for expansion)
301-21 SUBCHAPTER B. OPERATION OF PROGRAM
301-22 Sec. 216.011. STATE COORDINATOR
301-23 Sec. 216.012. DUTIES OF STATE COORDINATOR
301-24 Sec. 216.013. AGENCY COOPERATION; MEMORANDUM OF
301-25 UNDERSTANDING
301-26 (Sections 216.014-216.020 reserved for expansion)
301-27 SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS
302-1 Sec. 216.021. DESIGNATION OF PARTICIPATING SCHOOLS
302-2 Sec. 216.022. PARTICIPATION IN PROGRAM
302-3 (Sections 216.023-216.030 reserved for expansion)
302-4 SUBCHAPTER D. PROGRAM FUNDING
302-5 Sec. 216.031. DONATIONS TO PROGRAM
302-6 CHAPTER 216. COMMUNITIES IN SCHOOLS PROGRAM
302-7 SUBCHAPTER A. GENERAL PROVISIONS
302-8 Sec. 216.001. DEFINITIONS. In this chapter:
302-9 (1) "Agency" means the Central Education Agency.
302-10 (2) "Communities in Schools program" means an
302-11 exemplary youth dropout prevention program. (New.)
302-12 Sec. 216.002. STATEWIDE OPERATION OF PROGRAM. It is the
302-13 intent of the legislature that the Communities in Schools program
302-14 operate throughout this state. (V.A.C.S. Art. 5221b-9d(g).)
302-15 (Sections 216.003-216.010 reserved for expansion)
302-16 SUBCHAPTER B. OPERATION OF PROGRAM
302-17 Sec. 216.011. STATE COORDINATOR. The administrator of the
302-18 commission shall appoint a state coordinator for the Communities in
302-19 Schools program. (V.A.C.S. Art. 5221b-9d(a) (part).)
302-20 Sec. 216.012. DUTIES OF STATE COORDINATOR. The state
302-21 coordinator shall:
302-22 (1) coordinate the efforts of social service
302-23 organizations and agencies and of public school personnel to
302-24 provide services to students who are at risk of dropping out of
302-25 school or engaging in delinquent conduct;
302-26 (2) set standards for the Communities in Schools
302-27 program;
303-1 (3) obtain information from each participating school
303-2 district to determine necessary program changes;
303-3 (4) promote and market the program in communities in
303-4 which the program is not established;
303-5 (5) help communities that want to participate in the
303-6 program establish a local funding base; and
303-7 (6) train a program director for each participating
303-8 community. (V.A.C.S. Arts. 5221b-9d(a) (part), (b).)
303-9 Sec. 216.013. AGENCY COOPERATION; MEMORANDUM OF
303-10 UNDERSTANDING. (a) The agency and the commission shall work
303-11 together to maximize the effectiveness of the Communities in
303-12 Schools program.
303-13 (b) The agency and the commission shall develop and mutually
303-14 agree to a memorandum of understanding to clearly define the
303-15 responsibilities of each agency under this chapter. The memorandum
303-16 must address:
303-17 (1) the role of the commission in encouraging local
303-18 business to participate in local Communities in Schools programs;
303-19 (2) the role of the agency in obtaining information
303-20 from participating school districts;
303-21 (3) the use of federal or state funds available to the
303-22 agency or the commission for programs of this nature; and
303-23 (4) other areas identified by the agency and the
303-24 commission that require clarification.
303-25 (c) The agency and the commission shall adopt rules to
303-26 implement the memorandum and shall update the memorandum and rules
303-27 annually. (V.A.C.S. Arts. 5221b-9d(c), (d).)
304-1 (Sections 216.014-216.020 reserved for expansion)
304-2 SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS
304-3 Sec. 216.021. DESIGNATION OF PARTICIPATING SCHOOLS. (a)
304-4 The state coordinator, in cooperation with the program directors in
304-5 the counties in which a Communities in Schools program was
304-6 established on September 1, 1991, shall designate not more than 32
304-7 elementary schools and 76 secondary schools in those counties to
304-8 participate in the program.
304-9 (b) The state coordinator, in cooperation with the program
304-10 directors in four additional counties designated by the state
304-11 coordinator, shall designate additional elementary and secondary
304-12 schools to participate in the Communities in Schools program.
304-13 (c) The designation of secondary schools to participate in
304-14 the Communities in Schools program must be distributed among high
304-15 schools and junior high or middle schools. (V.A.C.S. Art.
304-16 5221b-9d(f).)
304-17 Sec. 216.022. PARTICIPATION IN PROGRAM. An elementary or
304-18 secondary school designated under Section 216.021 shall participate
304-19 in the Communities in Schools program if the number of students
304-20 enrolled in the school who are at risk of dropping out of school is
304-21 equal to at least 10 percent of the number of students in average
304-22 daily attendance at the school, as determined by the agency.
304-23 (V.A.C.S. Art. 5221b-9d(e) (part).)
304-24 (Sections 216.023-216.030 reserved for expansion)
304-25 SUBCHAPTER D. PROGRAM FUNDING
304-26 Sec. 216.031. DONATIONS TO PROGRAM. (a) The commission may
304-27 accept a donation of services or money or other property that the
305-1 commission determines furthers the lawful objectives of the
305-2 commission in connection with the Communities in Schools program.
305-3 (b) Donations must be accepted in an open meeting by a
305-4 majority of the voting members of the commission. The donation,
305-5 with the name of the donor and the purpose of the donation, must be
305-6 reported in the public records of the commission. (V.A.C.S. Art.
305-7 5221b-9d(h).)
305-8 CHAPTER 217. PROJECT RIO (REINTEGRATION OF OFFENDERS)
305-9 Sec. 217.001. DEFINITIONS
305-10 Sec. 217.002. PROJECT RIO
305-11 Sec. 217.003. ADMINISTRATION
305-12 Sec. 217.004. MEMORANDUM OF UNDERSTANDING--ADOPTION
305-13 Sec. 217.005. MEMORANDUM OF UNDERSTANDING--CONTENTS
305-14 Sec. 217.006. PROJECT DIRECTOR
305-15 CHAPTER 217. PROJECT RIO
305-16 (REINTEGRATION OF OFFENDERS)
305-17 Sec. 217.001. DEFINITIONS. In this chapter:
305-18 (1) "Department" means the Texas Department of
305-19 Criminal Justice.
305-20 (2) "Institutional division" means the institutional
305-21 division of the department.
305-22 (3) "Project RIO" means the project for reintegration
305-23 of offenders. (New; V.A.C.S. Art. 5221b-9ee(a).)
305-24 Sec. 217.002. PROJECT RIO. The project for reintegration of
305-25 offenders is a statewide employment referral program designed to
305-26 reintegrate into the labor force persons formerly confined in the
305-27 institutional division. (V.A.C.S. Art. 5221b-9ee(b) (part).)
306-1 Sec. 217.003. ADMINISTRATION. The department and the
306-2 commission shall cooperate to maximize the effectiveness of Project
306-3 RIO. For that purpose, the commission shall administer the
306-4 project. (V.A.C.S. Art. 5221b-9ee(b) (part).)
306-5 Sec. 217.004. MEMORANDUM OF UNDERSTANDING--ADOPTION. (a)
306-6 The department and the commission shall adopt a memorandum of
306-7 understanding that establishes the respective responsibilities of
306-8 each agency and of the divisions within the department.
306-9 (b) The commission shall coordinate the development of the
306-10 memorandum of understanding. The department shall adopt rules as
306-11 necessary to implement the memorandum and may amend the memorandum
306-12 and those rules as necessary. (V.A.C.S. Arts. 5221b-9ee(b) (part),
306-13 (c).)
306-14 Sec. 217.005. MEMORANDUM OF UNDERSTANDING--CONTENTS. (a)
306-15 The memorandum of understanding must establish the role of:
306-16 (1) the institutional division in ascertaining and
306-17 encouraging an inmate's chances for employment by:
306-18 (A) providing vocational and educational
306-19 assessment for the person while incarcerated in the division;
306-20 (B) developing a skills enhancement program for
306-21 the person while incarcerated, in cooperation with other
306-22 governmental, educational, and private entities, using available
306-23 public or private financial resources authorized by statute; and
306-24 (C) referring the person on release to the
306-25 project through the person's parole officer;
306-26 (2) the community justice assistance division and the
306-27 pardons and paroles division of the department in:
307-1 (A) encouraging and referring persons to the
307-2 project; and
307-3 (B) ensuring that those persons participate in
307-4 the project and avail themselves of its services; and
307-5 (3) the commission in developing and maintaining a
307-6 statewide network for finding positions of employment that require
307-7 the skills possessed by project participants and in helping those
307-8 participants to secure employment.
307-9 (b) The memorandum also must establish the methods by which
307-10 the commission shall coordinate its efforts under this chapter with
307-11 the operations of service providers operating under Chapter 301
307-12 (Texas Job-Training Partnership Act). (V.A.C.S. Art. 5221b-9ee(b)
307-13 (part).)
307-14 Sec. 217.006. PROJECT DIRECTOR. (a) The administrator of
307-15 the commission shall designate the director of Project RIO to
307-16 coordinate the efforts of the affected state agencies and expedite
307-17 the delivery of services to participants in the project, including
307-18 prospective employers.
307-19 (b) The project director shall:
307-20 (1) propose, for adoption by the commission, standards
307-21 and guidelines for the operation of the project;
307-22 (2) obtain information from appropriate state agencies
307-23 and offices affiliated with the project to determine any necessary
307-24 changes in the project;
307-25 (3) disseminate information statewide about the
307-26 project; and
307-27 (4) train commission staff to assist in the operation
308-1 of affiliated services. (V.A.C.S. Arts. 5221b-9ee(d), (e).)
308-2 (Chapters 218-300 reserved for expansion)
308-3 SUBTITLE B. ADDITIONAL EMPLOYMENT SERVICES
308-4 CHAPTER 301. JOB TRAINING PARTNERSHIP ACT
308-5 SUBCHAPTER A. GENERAL PROVISIONS
308-6 Sec. 301.001. SHORT TITLE
308-7 Sec. 301.002. PURPOSE
308-8 Sec. 301.003. STATE POLICY
308-9 Sec. 301.004. STATE GOALS
308-10 Sec. 301.005. DEFINITIONS
308-11 (Sections 301.006-301.020 reserved for expansion)
308-12 SUBCHAPTER B. STATE ADMINISTRATION
308-13 Sec. 301.021. GENERAL DUTIES OF GOVERNOR'S OFFICE
308-14 AND STAFF
308-15 Sec. 301.022. GENERAL DUTIES OF DEPARTMENT
308-16 Sec. 301.023. COMPOSITION OF STATE JOB TRAINING COORDINATING
308-17 COUNCIL; MEETINGS
308-18 Sec. 301.024. DUTIES OF STATE COUNCIL
308-19 Sec. 301.025. SUBMISSION OF AGENCY INFORMATION TO STATE
308-20 COUNCIL
308-21 Sec. 301.026. MONITORING COMMITTEE; SUBMISSION OF AGENCY
308-22 INFORMATION
308-23 Sec. 301.027. SUBMISSION OF AUDIT INFORMATION TO
308-24 COMMITTEE
308-25 Sec. 301.028. RULES
308-26 (Sections 301.029-301.040 reserved for expansion)
308-27 SUBCHAPTER C. PROGRAM DELIVERY SYSTEM--STATE AND
309-1 LOCAL RESPONSIBILITIES
309-2 Sec. 301.041. DESIGNATION OF SERVICE DELIVERY AREAS
309-3 Sec. 301.042. CERTIFICATION OF PRIVATE INDUSTRY
309-4 COUNCILS
309-5 Sec. 301.043. STANDARDS FOR LOCAL ADMINISTRATIVE
309-6 ENTITY
309-7 Sec. 301.044. COMPOSITION OF PRIVATE INDUSTRY COUNCILS
309-8 Sec. 301.045. AGREEMENT FOR LOCAL PROCEDURES
309-9 Sec. 301.046. PREPARATION AND SUBMISSION OF LOCAL PLANS
309-10 Sec. 301.047. APPROVAL OF LOCAL PLAN
309-11 Sec. 301.048. LOCAL IMPLEMENTATION; SERVICE DELIVERY
309-12 AREA COORDINATION
309-13 Sec. 301.049. GOVERNOR'S COORDINATION AND SPECIAL SERVICES
309-14 PLAN AND ACTIVITIES
309-15 Sec. 301.050. REVIEW AND COMMENT BY LEGISLATURE
309-16 Sec. 301.051. PERFORMANCE STANDARD VARIATIONS
309-17 Sec. 301.052. PROGRAM RECORDKEEPING, ACCOUNTABILITY,
309-18 AND AUDITS
309-19 Sec. 301.053. PROGRAMS FOR STUDENT DROPOUTS
309-20 CHAPTER 301. JOB TRAINING PARTNERSHIP ACT
309-21 SUBCHAPTER A. GENERAL PROVISIONS
309-22 Sec. 301.001. SHORT TITLE. This chapter may be cited as the
309-23 Texas Job Training Partnership Act. (V.A.C.S. Art. 4413(52), Sec.
309-24 1.)
309-25 Sec. 301.002. PURPOSE. The purpose of this chapter is to
309-26 facilitate the development and implementation of effective state
309-27 and local systems for managing job training, employment, and
310-1 related programs in this state, as authorized by the federal act.
310-2 (V.A.C.S. Art. 4413(52), Sec. 2(a).)
310-3 Sec. 301.003. STATE POLICY. It is the policy of this state
310-4 that:
310-5 (1) all available resources from federal, state, and
310-6 local governments, business, labor, and community-based
310-7 organizations are coordinated to develop and promote a balanced,
310-8 equitable, and cost-beneficial employment and training system;
310-9 (2) the governor and the legislature consult in
310-10 implementing the federal act and this chapter; and
310-11 (3) to reduce dependency on public assistance, the
310-12 programs created under this chapter emphasize service to AFDC
310-13 recipients. (V.A.C.S. Art. 4413(52), Sec. 2(b).)
310-14 Sec. 301.004. STATE GOALS. (a) It is a goal of this state
310-15 to assist its residents to obtain gainful employment and to reduce
310-16 dependency on public assistance and unemployment compensation by:
310-17 (1) preparing young people and unskilled adults who
310-18 are economically disadvantaged for entry into the work force;
310-19 (2) assisting residents faced with serious barriers to
310-20 employment, including age, disability, lack of education, and
310-21 locality, to overcome those barriers;
310-22 (3) taking an affirmative role in ensuring the maximum
310-23 use of available resources in planning, implementing, and
310-24 facilitating this chapter through a partnership of individuals from
310-25 the various diverse communities of the state, including
310-26 representatives of business communities, local and state
310-27 government, ethnic communities, education communities, and the
311-1 various cultural and socioeconomic communities, in participation in
311-2 decision-making and policy-making activities associated with
311-3 programs created under this chapter; and
311-4 (4) retraining individuals whose current skills are no
311-5 longer in demand in the labor market or who have been laid off from
311-6 full-time employment, and who must upgrade their work skills to
311-7 return to the work force.
311-8 (b) It is a goal of this state to develop a well-trained,
311-9 productive work force to meet the needs of a changing economy by:
311-10 (1) coordinating existing labor market information to
311-11 maximize its utility for planning and operating programs;
311-12 (2) providing enhanced employment and training
311-13 capabilities that are specially designed to meet the needs of
311-14 business and industry, including industries that use advanced
311-15 technology;
311-16 (3) linking employment and training services with
311-17 economic development efforts; and
311-18 (4) coordinating planning and delivery of job
311-19 training, employment, and related programs provided by separate
311-20 state agencies to improve the efficiency and effectiveness of those
311-21 programs. (V.A.C.S. Art. 4413(52), Sec. 3.)
311-22 Sec. 301.005. DEFINITIONS. (a) In this chapter:
311-23 (1) "Committee" means the monitoring committee
311-24 established under Section 301.026.
311-25 (2) "Department" means the Texas Department of
311-26 Commerce.
311-27 (3) "Federal act" means the federal Job Training
312-1 Partnership Act (29 U.S.C. Section 1501 et seq.).
312-2 (4) "Grant recipient" means an entity that contracts
312-3 for and receives funds from the governor.
312-4 (5) "Labor market area" means an economically
312-5 integrated geographical area within which individuals may reside
312-6 and find employment within a reasonable distance.
312-7 (6) "Service delivery area" means a geographic area
312-8 designated as a service delivery area under Section 301.041.
312-9 (7) "State council" means the State Job Training
312-10 Coordinating Council.
312-11 (b) The definitions provided by Section 4 of the federal act
312-12 apply to this chapter, except that "governor" means the governor of
312-13 this state. (New; V.A.C.S. Art. 4413(52), Secs. 4 (part), 8(b)
312-14 (part).)
312-15 (Sections 301.006-301.020 reserved for expansion)
312-16 SUBCHAPTER B. STATE ADMINISTRATION
312-17 Sec. 301.021. GENERAL DUTIES OF GOVERNOR'S OFFICE AND STAFF.
312-18 (a) The governor or the governor's delegated agency is responsible
312-19 for the planning, monitoring, implementing, and evaluating of job
312-20 training, employment, and related programs as provided for by the
312-21 federal act.
312-22 (b) A job training and employment staff is in the governor's
312-23 office. The staff has responsibility for policy development,
312-24 program planning, monitoring, and evaluation of the programs under
312-25 this chapter in coordination with existing state agencies as
312-26 provided under the federal act. The staff shall:
312-27 (1) assist the state council as directed by the
313-1 governor; and
313-2 (2) perform other functions relating to the job
313-3 training, employment, and related programs as assigned by the
313-4 governor. (V.A.C.S. Art. 4413(52), Secs. 5(a), 8(c) (part).)
313-5 Sec. 301.022. GENERAL DUTIES OF DEPARTMENT. The department
313-6 has primary responsibility for implementation and management of the
313-7 job training program. The department shall perform other functions
313-8 relating to the job training program as assigned by the governor.
313-9 (V.A.C.S. Art. 4413(52), Sec. 5(b).)
313-10 Sec. 301.023. COMPOSITION OF STATE JOB TRAINING COORDINATING
313-11 COUNCIL; MEETINGS. (a) The governor shall appoint the members of
313-12 the State Job Training Coordinating Council in accordance with the
313-13 federal act. The state council may not have more than 40 members,
313-14 including the presiding officer.
313-15 (b) The state council shall meet at least once quarterly.
313-16 (V.A.C.S. Art. 4413(52), Sec. 8(b) (part).)
313-17 Sec. 301.024. DUTIES OF STATE COUNCIL. The state council
313-18 shall:
313-19 (1) develop and recommend statewide goals and program
313-20 objectives;
313-21 (2) identify needs for training and employment
313-22 services;
313-23 (3) review operations of local programs and state
313-24 agencies providing job training, employment, and related programs
313-25 identified in the federal act;
313-26 (4) establish standards for coordinating program
313-27 planning and operations;
314-1 (5) evaluate the results of state and local training
314-2 and employment services;
314-3 (6) develop and recommend to the governor the state's
314-4 coordination and special services plan;
314-5 (7) perform the functions assigned to the state job
314-6 training coordinating council for the job opportunities and basic
314-7 skills program under Title IV of the Social Security Act (42
314-8 U.S.C. Section 681 et seq.);
314-9 (8) perform the functions of the advisory council
314-10 required under the Wagner-Peyser Act (29 U.S.C. Section 49), as
314-11 implemented under Subtitle A (Texas Unemployment Compensation Act);
314-12 (9) assist each private industry council in developing
314-13 programs to serve AFDC recipients;
314-14 (10) develop conflict-of-interest guidelines relating
314-15 to the participation of a member of a private industry council in a
314-16 contract with the service delivery area administered by that
314-17 private industry council; and
314-18 (11) perform functions relating to job training,
314-19 employment, and related programs as required by the federal act or
314-20 as assigned by the governor. (V.A.C.S. Art. 4413(52), Sec. 8(b)
314-21 (part).)
314-22 Sec. 301.025. SUBMISSION OF AGENCY INFORMATION TO STATE
314-23 COUNCIL. A state agency providing an employment, job training, or
314-24 related program shall:
314-25 (1) provide to the state council information for
314-26 planning, reviewing program operations, and evaluating program
314-27 results as required by the governor; and
315-1 (2) submit the agency's plans to the state council.
315-2 (V.A.C.S. Art. 4413(52), Sec. 8(d).)
315-3 Sec. 301.026. MONITORING COMMITTEE; SUBMISSION OF AGENCY
315-4 INFORMATION. (a) A joint committee appointed by the speaker of
315-5 the house of representatives and the lieutenant governor shall
315-6 monitor the progress of the implementation of this chapter. The
315-7 committee shall recommend:
315-8 (1) any necessary legislative action or remedies for
315-9 the next regular session of the legislature; and
315-10 (2) congressional remedies.
315-11 (b) To monitor implementation of this chapter as required by
315-12 Subsection (a), the committee may oversee each employment, job
315-13 training, and related program conducted by a state agency. Each
315-14 state agency that conducts such a program shall cooperate fully
315-15 with the committee and shall submit information and reports to the
315-16 committee as requested by the committee. (V.A.C.S. Art. 4413(52),
315-17 Sec. 6.)
315-18 Sec. 301.027. SUBMISSION OF AUDIT INFORMATION TO COMMITTEE.
315-19 (a) To obtain information necessary to monitor the progress of the
315-20 implementation of this chapter, the committee is entitled to
315-21 receive the results of audits that relate to state and local job
315-22 training plans. The committee may prescribe the form in which the
315-23 results are reported to the committee.
315-24 (b) The state auditor shall submit to the committee the
315-25 results of a financial audit, effectiveness audit, or compliance
315-26 audit conducted under Section 321.013, Government Code, that relate
315-27 to the operation of an employment, job training, or related program
316-1 administered by a state agency.
316-2 (c) The private industry council and appropriate chief
316-3 elected official of each service delivery area shall submit to the
316-4 state auditor, in the manner directed by the state auditor, the
316-5 results of an audit conducted under audit procedures established
316-6 under Section 301.052(b) that relates to the operation of the
316-7 service delivery area's program of job training, employment, or
316-8 related services. The state auditor shall compile a summary of
316-9 audit results from the information received from each service
316-10 delivery area and shall submit the summary in writing to the
316-11 committee. (V.A.C.S. Art. 4413(52), Sec. 6A.)
316-12 Sec. 301.028. RULES. The governor may adopt rules to
316-13 implement this chapter and the federal act. (V.A.C.S. Art.
316-14 4413(52), Sec. 10.)
316-15 (Sections 301.029-301.040 reserved for expansion)
316-16 SUBCHAPTER C. PROGRAM DELIVERY SYSTEM--STATE AND LOCAL
316-17 RESPONSIBILITIES
316-18 Sec. 301.041. DESIGNATION OF SERVICE DELIVERY AREAS. The
316-19 governor shall designate service delivery areas according to the
316-20 procedures established by the federal act so that:
316-21 (1) each service delivery area is composed of one or
316-22 more units of local government within which programs can be
316-23 efficiently and effectively provided;
316-24 (2) each service delivery area meets the federal act
316-25 requirements for the establishment of a service delivery area;
316-26 (3) the number of service delivery areas, to the
316-27 extent feasible, is kept to a minimum for administrative
317-1 efficiency; and
317-2 (4) the size of each service delivery area entitles
317-3 the area to receive an allocation of funds sufficient to plan and
317-4 operate an effective local program, as determined by the governor.
317-5 (V.A.C.S. Art. 4413(52), Secs. 4 (part), 7(a).)
317-6 Sec. 301.042. CERTIFICATION OF PRIVATE INDUSTRY COUNCILS.
317-7 The governor shall certify a private industry council in each
317-8 service delivery area. The governor may certify a private industry
317-9 council when the governor determines that the appointment
317-10 procedures and composition of the membership of the private
317-11 industry council are consistent with the requirements of the
317-12 federal act. (V.A.C.S. Art. 4413(52), Sec. 7(b).)
317-13 Sec. 301.043. STANDARDS FOR LOCAL ADMINISTRATIVE ENTITY.
317-14 The governor shall prescribe standards for the selection of a local
317-15 entity to administer programs authorized under the federal act to
317-16 ensure that the entity can:
317-17 (1) develop plans and provide for efficient and
317-18 effective programs;
317-19 (2) provide accurate management information when
317-20 required; and
317-21 (3) properly disburse, account for, and control all
317-22 fund expenditures. (V.A.C.S. Art. 4413(52), Sec. 7(c).)
317-23 Sec. 301.044. COMPOSITION OF PRIVATE INDUSTRY COUNCILS. (a)
317-24 The appropriate chief elected officials in each service delivery
317-25 area shall select the members and the initial size of the private
317-26 industry council for the area in accordance with procedures
317-27 specified in the federal act.
318-1 (b) Each private industry council must include a
318-2 representative of the local Texas Department of Human Services
318-3 region. (V.A.C.S. Art. 4413(52), Sec. 7(d).)
318-4 Sec. 301.045. AGREEMENT FOR LOCAL PROCEDURES. The
318-5 appropriate chief elected officials in a service delivery area
318-6 shall enter into an agreement with the private industry council of
318-7 the area to determine procedures for:
318-8 (1) the selection of the grant recipient, the planning
318-9 entity, and the administrative entity for the service delivery
318-10 area; and
318-11 (2) the development of the local job training plan.
318-12 (V.A.C.S. Art. 4413(52), Sec. 7(e).)
318-13 Sec. 301.046. PREPARATION AND SUBMISSION OF LOCAL PLANS.
318-14 The appropriate chief elected officials in each service delivery
318-15 area and the private industry council of the area shall, in
318-16 accordance with their agreement:
318-17 (1) prepare a plan that provides a comprehensive
318-18 program of job training, employment, and related services in
318-19 response to the needs of the eligible persons within the service
318-20 delivery area;
318-21 (2) submit the plan before the 120th day before the
318-22 beginning date of the plan to the committee, each house of the
318-23 legislature, and other entities as prescribed by the federal act;
318-24 and
318-25 (3) develop jointly with the Texas State Employment
318-26 Service those components of the state plan required under the
318-27 Wagner-Peyser Act (29 U.S.C. Section 49g) that are applicable to
319-1 that service delivery area. (V.A.C.S. Art. 4413(52), Sec. 9(a)
319-2 (part).)
319-3 Sec. 301.047. APPROVAL OF LOCAL PLAN. The governor shall
319-4 approve or disapprove a final local job training plan or
319-5 modification according to the standards established by the federal
319-6 act. (V.A.C.S. Art. 4413(52), Sec. 8(c) (part).)
319-7 Sec. 301.048. LOCAL IMPLEMENTATION; SERVICE DELIVERY AREA
319-8 COORDINATION. (a) The appropriate chief elected officials in each
319-9 service delivery area and the private industry council for the area
319-10 shall:
319-11 (1) allocate available resources to its program of job
319-12 training, employment, and related services;
319-13 (2) develop procedures and standards for the selection
319-14 of eligible participants and their eligibility determination; and
319-15 (3) select service providers with a demonstrated
319-16 capability to provide effective services and achieve performance
319-17 goals.
319-18 (b) If a single labor market area contains more than one
319-19 service delivery area, the appropriate chief elected officials and
319-20 the private industry council for each of the applicable service
319-21 delivery areas shall coordinate their activities as required by the
319-22 federal act. (V.A.C.S. Art. 4413(52), Secs. 9(b), (c).)
319-23 Sec. 301.049. GOVERNOR'S COORDINATION AND SPECIAL SERVICES
319-24 PLAN AND ACTIVITIES. (a) The governor or the governor's delegated
319-25 agency shall:
319-26 (1) prepare a statement of goals and objectives for
319-27 job training and placement programs;
320-1 (2) provide specifications for the design,
320-2 development, and operation of a statewide uniform labor market
320-3 information system to facilitate the timely availability of
320-4 employment and training information throughout the state;
320-5 (3) develop and provide to service delivery areas
320-6 information on a state and local basis regarding economic,
320-7 industrial, and labor market conditions;
320-8 (4) plan, provide for the operation of, and evaluate
320-9 special model or demonstration programs, including programs
320-10 receiving financial assistance from private sources;
320-11 (5) make available to service delivery areas, with or
320-12 without reimbursement and on request, appropriate information and
320-13 technical assistance to assist in developing and implementing plans
320-14 and programs; and
320-15 (6) provide preservice and in-service training to
320-16 improve the professional capability of managers and technical staff
320-17 of state agencies, local administrative entities, private industry
320-18 councils, and contractors involved in planning and operating
320-19 programs.
320-20 (b) The governor shall submit a coordination and special
320-21 services plan to the United States secretary of labor in accordance
320-22 with the federal act. (V.A.C.S. Art. 4413(52), Sec. 8(c) (part).)
320-23 Sec. 301.050. REVIEW AND COMMENT BY LEGISLATURE. (a) The
320-24 legislature may review and comment on the job training plan
320-25 submitted from each service delivery area.
320-26 (b) The governor shall submit the governor's coordination
320-27 and special services plan to the lieutenant governor and the
321-1 speaker of the house of representatives not later than February 1
321-2 of each odd-numbered year. The lieutenant governor and speaker
321-3 shall refer the plan to the appropriate senate and house committees
321-4 for review and comment. (V.A.C.S. Art. 4413(52), Sec. 8(a).)
321-5 Sec. 301.051. PERFORMANCE STANDARD VARIATIONS. The governor
321-6 shall prescribe, within parameters established by the secretary,
321-7 variations in the performance standards for programs under the
321-8 federal act. The variations must recognize the economic,
321-9 geographic, and demographic differences in the various regions of
321-10 the state. (V.A.C.S. Art. 4413(52), Sec. 8(c) (part).)
321-11 Sec. 301.052. PROGRAM RECORDKEEPING, ACCOUNTABILITY, AND
321-12 AUDITS. (a) The governor or the governor's delegated agency
321-13 shall:
321-14 (1) establish and maintain a computerized statewide
321-15 management information system to collect and maintain the
321-16 financial, participant, and program information necessary to ensure
321-17 monthly program accountability;
321-18 (2) develop and formally issue procedures to ensure
321-19 consistency of definitions, formats, recordkeeping, information
321-20 gathering, and reporting, including procedures concerning:
321-21 (A) planning and contracting;
321-22 (B) labor market information;
321-23 (C) financial management;
321-24 (D) participant tracking;
321-25 (E) monitoring;
321-26 (F) evaluations;
321-27 (G) audits;
322-1 (H) complaints and grievance procedures;
322-2 (I) personnel standards, including equal
322-3 opportunity compliance; and
322-4 (J) property management;
322-5 (3) at least once annually, monitor or provide for the
322-6 monitoring of each grant recipient and contractor to ensure
322-7 compliance; and
322-8 (4) at least once every two years, provide for an
322-9 independent audit of each recipient of funds authorized under the
322-10 federal act.
322-11 (b) The appropriate chief elected officials in each service
322-12 delivery area and the private industry council of the area shall,
322-13 in accordance with their agreement:
322-14 (1) prepare and submit an annual report to the
322-15 governor in accordance with the federal act;
322-16 (2) establish procedures for providing oversight of
322-17 all programs conducted under the local job training plan;
322-18 (3) maintain records and a management information
322-19 system designed to facilitate uniform compilation and analysis of
322-20 programmatic and financial information for the service delivery
322-21 area, consistent with federal and state requirements; and
322-22 (4) establish fiscal, audit, and debt-collection
322-23 procedures to ensure the proper disbursal, use, and accounting of
322-24 all funds provided under the federal act. (V.A.C.S. Art. 4413(52),
322-25 Secs. 8(c) (part), 9(a) (part).)
322-26 Sec. 301.053. PROGRAMS FOR STUDENT DROPOUTS. (a) To
322-27 provide educational services to student dropouts, the department
323-1 may contract with public community and junior colleges and private,
323-2 nonprofit organizations that conduct model or exemplary youth
323-3 programs that meet the unique educational needs of student
323-4 dropouts. In entering into a contract, the department must follow
323-5 the same procedure as a state agency contracting with a private
323-6 consultant under Chapter 454, Acts of the 65th Legislature, Regular
323-7 Session, 1977 (Article 6252-11c, Vernon's Texas Civil Statutes).
323-8 (b) A contract entered into under this section must be
323-9 structured to encourage partnerships among public school districts,
323-10 public community and junior colleges, private industry councils,
323-11 and the private, nonprofit organizations.
323-12 (c) A program provided under a contract entered into under
323-13 this section must provide services that attempt to:
323-14 (1) return student dropouts to the public school
323-15 system;
323-16 (2) prepare student dropouts to complete the
323-17 requirements for a general equivalency or adult proficiency level
323-18 diploma; and
323-19 (3) prepare student dropouts to obtain permanent
323-20 employment.
323-21 (d) A program provided under a contract entered into under
323-22 this section must provide a curriculum that is flexible and
323-23 innovative and that provides training in basic skills.
323-24 (e) An organization providing a program under this section
323-25 shall document its overall strategy and success rate in educating
323-26 student dropouts and provide this information to each school
323-27 district in the area the organization serves. The organization
324-1 shall request information from each of the school districts
324-2 regarding the referral process, curriculum, and instructional
324-3 resources of the program.
324-4 (f) The primary standard to be used in determining the
324-5 success rate of a program under this section is the rate at which
324-6 student dropouts in the program:
324-7 (1) return to public school;
324-8 (2) acquire a general equivalency or adult proficiency
324-9 level diploma;
324-10 (3) obtain permanent employment; and
324-11 (4) are not being arrested or prosecuted for a crime.
324-12 (V.A.C.S. Art. 4413(52), Sec. 9A.)
324-13 CHAPTER 302. EMPLOYMENT COUNSELING FOR DISPLACED HOMEMAKERS
324-14 Sec. 302.001. DEFINITIONS
324-15 Sec. 302.002. JOB COUNSELING PROGRAM
324-16 Sec. 302.003. PERSONNEL; OFFICE
324-17 Sec. 302.004. COOPERATION BY STATE AGENCIES AND
324-18 POLITICAL SUBDIVISIONS
324-19 CHAPTER 302. EMPLOYMENT COUNSELING FOR DISPLACED HOMEMAKERS
324-20 Sec. 302.001. DEFINITIONS. In this chapter:
324-21 (1) "Commission" means the Texas Employment
324-22 Commission.
324-23 (2) "Displaced homemaker" means a person who:
324-24 (A) has worked without pay as a homemaker for
324-25 the person's family;
324-26 (B) is not gainfully employed;
324-27 (C) has had, or would have, difficulty in
325-1 obtaining employment; and
325-2 (D) has depended on:
325-3 (i) the income of a family member for
325-4 financial support and has lost that income; or
325-5 (ii) government assistance as the parent
325-6 of dependent children and is no longer eligible for that
325-7 assistance. (V.A.C.S. Art. 5221g, Sec. 2.)
325-8 Sec. 302.002. JOB COUNSELING PROGRAM. (a) The commission,
325-9 through a special assistance job counseling program, shall:
325-10 (1) provide counseling for displaced homemakers;
325-11 (2) assist displaced homemakers in obtaining training
325-12 and education; and
325-13 (3) place displaced homemakers in suitable employment.
325-14 (b) The counseling must:
325-15 (1) consider and build on the skills and experiences
325-16 of the homemaker; and
325-17 (2) prepare the person, through employment counseling,
325-18 to reenter the paid work force and develop and improve job skills.
325-19 (c) The commission shall design the program specifically for
325-20 persons reentering the paid work force after a number of years as
325-21 homemakers to enable them to assume or resume a valuable role in
325-22 the paid work force commensurate with the homemakers' talents and
325-23 abilities.
325-24 (d) The commission may not charge a fee for participation in
325-25 the program by a displaced homemaker. (V.A.C.S. Art. 5221g, Secs.
325-26 1 (part), 3.)
325-27 Sec. 302.003. PERSONNEL; OFFICE. The commission shall use
326-1 its personnel, services, facilities, and equipment to operate the
326-2 job counseling program. (V.A.C.S. Art. 5221g, Sec. 4.)
326-3 Sec. 302.004. COOPERATION BY STATE AGENCIES AND POLITICAL
326-4 SUBDIVISIONS. State agencies and political subdivisions of the
326-5 state shall cooperate with the commission in obtaining suitable
326-6 employment for displaced homemakers counseled by the commission.
326-7 (V.A.C.S. Art. 5221g, Sec. 5.)
326-8 (Chapters 303-400 reserved for expansion)
326-9 TITLE 5. WORKERS' COMPENSATION
326-10 SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT
326-11 CHAPTER 401. GENERAL PROVISIONS
326-12 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
326-13 Sec. 401.001. SHORT TITLE
326-14 Sec. 401.002. APPLICATION OF SUNSET ACT
326-15 (Sections 401.003-401.010 reserved for expansion)
326-16 SUBCHAPTER B. DEFINITIONS
326-17 Sec. 401.011. GENERAL DEFINITIONS
326-18 Sec. 401.012. DEFINITION OF EMPLOYEE
326-19 Sec. 401.013. DEFINITION OF INTOXICATION
326-20 (Sections 401.014-401.020 reserved for expansion)
326-21 SUBCHAPTER C. MISCELLANEOUS PROVISIONS
326-22 Sec. 401.021. APPLICATION OF OTHER ACTS
326-23 Sec. 401.022. DISCRIMINATION PROHIBITED
326-24 Sec. 401.023. INTEREST OR DISCOUNT RATE
326-25 CHAPTER 401. GENERAL PROVISIONS
326-26 SUBCHAPTER A. SHORT TITLE; APPLICATION OF SUNSET ACT
326-27 Sec. 401.001. SHORT TITLE. This subtitle may be cited as
327-1 the Texas Workers' Compensation Act. (V.A.C.S. Art. 8308-1.01.)
327-2 Sec. 401.002. APPLICATION OF SUNSET ACT. The Texas Workers'
327-3 Compensation Commission and the Texas Workers' Compensation
327-4 Research Center are subject to Chapter 325, Government Code (Texas
327-5 Sunset Act). Unless continued in existence as provided by that
327-6 chapter, the commission is abolished September 1, 1995, and the
327-7 research center and the legislative oversight committee are
327-8 abolished September 1, 1995. (V.A.C.S. Art. 8308-1.02(b).)
327-9 (Sections 401.003-401.010 reserved for expansion)
327-10 SUBCHAPTER B. DEFINITIONS
327-11 Sec. 401.011. GENERAL DEFINITIONS. In this subtitle:
327-12 (1) "Adjuster" means a person licensed under Chapter
327-13 407, Acts of the 63rd Legislature, Regular Session, 1973 (Article
327-14 21.07-4, Vernon's Texas Insurance Code).
327-15 (2) "Administrative violation" means a violation of
327-16 this subtitle or a rule adopted under this subtitle that is subject
327-17 to penalties and sanctions as provided by this subtitle.
327-18 (3) "Agreement" means the resolution by the parties to
327-19 a dispute under this subtitle of one or more issues regarding an
327-20 injury, death, coverage, compensability, or compensation. The term
327-21 does not include a settlement.
327-22 (4) "Alien" means a person who is not a citizen of the
327-23 United States.
327-24 (5) "Benefit" means a medical benefit, an income
327-25 benefit, a death benefit, or a burial benefit.
327-26 (6) "Certified self-insurer" means a private employer
327-27 granted a certificate of authority to self-insure, as authorized by
328-1 this subtitle, for the payment of compensation.
328-2 (7) "Child" means a son or daughter. The term
328-3 includes an adopted child or a stepchild who is a dependent of the
328-4 employee.
328-5 (8) "Commission" means the Texas Workers' Compensation
328-6 Commission.
328-7 (9) "Commute" means to pay in a lump sum.
328-8 (10) "Compensable injury" means an injury that arises
328-9 out of and in the course and scope of employment for which
328-10 compensation is payable under this subtitle.
328-11 (11) "Compensation" means payment of a benefit.
328-12 (12) "Course and scope of employment" means an
328-13 activity of any kind or character that has to do with and
328-14 originates in the work, business, trade, or profession of the
328-15 employer and that is performed by an employee while engaged in or
328-16 about the furtherance of the affairs or business of the employer.
328-17 The term includes an activity conducted on the premises of the
328-18 employer or at other locations. The term does not include:
328-19 (A) transportation to and from the place of
328-20 employment unless:
328-21 (i) the transportation is furnished as a
328-22 part of the contract of employment or is paid for by the employer;
328-23 (ii) the means of the transportation are
328-24 under the control of the employer; or
328-25 (iii) the employee is directed in the
328-26 employee's employment to proceed from one place to another place;
328-27 or
329-1 (B) travel by the employee in the furtherance of
329-2 the affairs or business of the employer if the travel is also in
329-3 furtherance of personal or private affairs of the employee unless:
329-4 (i) the travel to the place of occurrence
329-5 of the injury would have been made even had there been no personal
329-6 or private affairs of the employee to be furthered by the travel;
329-7 and
329-8 (ii) the travel would not have been made
329-9 had there been no affairs or business of the employer to be
329-10 furthered by the travel.
329-11 (13) "Death benefit" means a payment made under this
329-12 subtitle to a legal beneficiary because of the death of an
329-13 employee.
329-14 (14) "Dependent" means an individual who receives a
329-15 regular or recurring economic benefit that contributes
329-16 substantially to the individual's welfare and livelihood if the
329-17 individual is eligible for distribution of benefits under Chapter
329-18 408.
329-19 (15) "Designated doctor" means a doctor appointed by
329-20 mutual agreement of the parties or by the commission to recommend a
329-21 resolution of a dispute as to the medical condition of an injured
329-22 employee.
329-23 (16) "Disability" means the inability because of a
329-24 compensable injury to obtain and retain employment at wages
329-25 equivalent to the preinjury wage.
329-26 (17) "Doctor" means a doctor of medicine, osteopathic
329-27 medicine, optometry, dentistry, podiatry, or chiropractic who is
330-1 licensed and authorized to practice.
330-2 (18) "Employer" means, unless otherwise specified, a
330-3 person who makes a contract of hire, employs one or more employees,
330-4 and has workers' compensation insurance coverage. The term
330-5 includes a governmental entity that self-insures, either
330-6 individually or collectively.
330-7 (19) "Health care" includes all reasonable and
330-8 necessary medical aid, medical examinations, medical treatments,
330-9 medical diagnoses, medical evaluations, and medical services. The
330-10 term does not include vocational rehabilitation. The term
330-11 includes:
330-12 (A) medical, surgical, chiropractic, podiatric,
330-13 optometric, dental, nursing, and physical therapy services provided
330-14 by or at the direction of a doctor;
330-15 (B) physical rehabilitation services performed
330-16 by a licensed occupational therapist provided by or at the
330-17 direction of a doctor;
330-18 (C) psychological services prescribed by a
330-19 doctor;
330-20 (D) the services of a hospital or other health
330-21 care facility;
330-22 (E) a prescription drug, medicine, or other
330-23 remedy; and
330-24 (F) a medical or surgical supply, appliance,
330-25 brace, artificial member, or prosthesis, including training in the
330-26 use of the appliance, brace, member, or prosthesis.
330-27 (20) "Health care facility" means a hospital,
331-1 emergency clinic, outpatient clinic, or other facility providing
331-2 health care.
331-3 (21) "Health care practitioner" means:
331-4 (A) an individual who is licensed to provide and
331-5 provides health care; or
331-6 (B) a nonlicensed individual who provides health
331-7 care under the direction or supervision of a doctor.
331-8 (22) "Health care provider" means a health care
331-9 facility or health care practitioner.
331-10 (23) "Impairment" means any anatomic or functional
331-11 abnormality or loss existing after maximum medical improvement that
331-12 results from a compensable injury and is reasonably presumed to be
331-13 permanent.
331-14 (24) "Impairment rating" means the percentage of
331-15 permanent impairment of the whole body resulting from a compensable
331-16 injury.
331-17 (25) "Income benefit" means a payment made to an
331-18 employee for a compensable injury. The term does not include a
331-19 medical benefit, death benefit, or burial benefit.
331-20 (26) "Injury" means damage or harm to the physical
331-21 structure of the body and a disease or infection naturally
331-22 resulting from the damage or harm. The term includes an
331-23 occupational disease.
331-24 (27) "Insurance carrier" means:
331-25 (A) an insurance company;
331-26 (B) a certified self-insurer for workers'
331-27 compensation insurance; or
332-1 (C) a governmental entity that self-insures,
332-2 either individually or collectively.
332-3 (28) "Insurance company" means a person authorized and
332-4 admitted by the Texas Department of Insurance to do insurance
332-5 business in this state under a certificate of authority that
332-6 includes authorization to write workers' compensation insurance.
332-7 (29) "Legal beneficiary" means a person entitled to
332-8 receive a death benefit under this subtitle.
332-9 (30) "Maximum medical improvement" means the earlier
332-10 of:
332-11 (A) the earliest date based on reasonable
332-12 medical probability after which further material recovery from or
332-13 lasting improvement to an injury can no longer reasonably be
332-14 anticipated; or
332-15 (B) the expiration of 104 weeks from the date on
332-16 which income benefits begin to accrue.
332-17 (31) "Medical benefit" means payment for health care
332-18 reasonably required by the nature of a compensable injury and
332-19 intended to:
332-20 (A) cure or relieve the effects naturally
332-21 resulting from the compensable injury, including reasonable
332-22 expenses incurred by the employee for necessary treatment to cure
332-23 and relieve the employee from the effects of an occupational
332-24 disease before and after the employee knew or should have known the
332-25 nature of the disability and its relationship to the employment;
332-26 (B) promote recovery; or
332-27 (C) enhance the ability of the employee to
333-1 return to or retain employment.
333-2 (32) "Objective" means:
333-3 (A) independently verifiable or confirmable by
333-4 recognized laboratory or diagnostic tests; or
333-5 (B) confirmable by physical examination.
333-6 (33) "Objective clinical or laboratory finding" means
333-7 a medical finding of impairment resulting from a compensable
333-8 injury, based on competent objective medical evidence, that is
333-9 independently confirmable by a doctor, including a designated
333-10 doctor, without reliance on the symptoms perceived by the employee.
333-11 (34) "Occupational disease" means a disease arising
333-12 out of and in the course of employment that causes damage or harm
333-13 to the physical structure of the body, including a repetitive
333-14 trauma injury. The term includes a disease or infection that
333-15 naturally results from the work-related disease. The term does not
333-16 include an ordinary disease of life to which the general public is
333-17 exposed outside of employment, unless that disease is an incident
333-18 to a compensable injury or occupational disease.
333-19 (35) "Penalty" means a fine established by this
333-20 subtitle.
333-21 (36) "Repetitive trauma injury" means damage or harm
333-22 to the physical structure of the body occurring as the result of
333-23 repetitious, physically traumatic activities that occur over time
333-24 and arise out of and in the course and scope of employment.
333-25 (37) "Representative" means a person, including an
333-26 attorney, authorized by the commission to assist or represent an
333-27 employee, a person claiming a death benefit, or an insurance
334-1 carrier in a matter arising under this subtitle that relates to the
334-2 payment of compensation.
334-3 (38) "Research center" means the Texas Workers'
334-4 Compensation Research Center established under Chapter 404.
334-5 (39) "Sanction" means a penalty or other punitive
334-6 action or remedy imposed by the commission on an insurance carrier,
334-7 representative, employee, employer, or health care provider for an
334-8 act or omission in violation of this subtitle or a rule or order of
334-9 the commission.
334-10 (40) "Settlement" means a final resolution of all the
334-11 issues in a workers' compensation claim that are permitted to be
334-12 resolved under the terms of this subtitle.
334-13 (41) "Treating doctor" means the doctor who is
334-14 primarily responsible for the employee's health care for an injury.
334-15 (42) "Wages" includes all forms of remuneration
334-16 payable for a given period to an employee for personal services.
334-17 The term includes the market value of board, lodging, laundry,
334-18 fuel, and any other advantage that can be estimated in money that
334-19 the employee receives from the employer as part of the employee's
334-20 remuneration.
334-21 (43) "Workers' compensation insurance coverage" means:
334-22 (A) an approved insurance policy to secure the
334-23 payment of compensation;
334-24 (B) coverage to secure the payment of
334-25 compensation through self-insurance as provided by this subtitle;
334-26 or
334-27 (C) coverage provided by a governmental entity
335-1 to secure the payment of compensation. (V.A.C.S. Arts. 8308-1.03
335-2 (1-16, 17 (part), 19-29, 31-37, 39-43, 45-48).)
335-3 Sec. 401.012. DEFINITION OF EMPLOYEE. (a) In this
335-4 subtitle, "employee" means each person in the service of another
335-5 under a contract of hire, whether express or implied, or oral or
335-6 written.
335-7 (b) The term "employee" includes:
335-8 (1) an employee employed in the usual course and scope
335-9 of the employer's business who is directed by the employer
335-10 temporarily to perform services outside the usual course and scope
335-11 of the employer's business; and
335-12 (2) a person, other than an independent contractor or
335-13 the employee of an independent contractor, who is engaged in
335-14 construction, remodeling, or repair work for the employer at the
335-15 premises of the employer.
335-16 (c) The term "employee" does not include:
335-17 (1) a master of or a seaman on a vessel engaged in
335-18 interstate or foreign commerce; or
335-19 (2) a person whose employment is not in the usual
335-20 course and scope of the employer's business.
335-21 (d) A person who is an employee for the purposes of this
335-22 subtitle and engaged in work that otherwise may be legally
335-23 performed is an employee despite:
335-24 (1) a license, permit, or certificate violation
335-25 arising under state law or municipal ordinance; or
335-26 (2) a violation of a law regulating wages, hours, or
335-27 work on Sunday.
336-1 (e) This section may not be construed to relieve from fine
336-2 or imprisonment any individual, firm, or corporation employing or
336-3 performing work or a service prohibited by a statute of this state
336-4 or a municipal ordinance. (V.A.C.S. Art. 8308-1.03(18).)
336-5 Sec. 401.013. DEFINITION OF INTOXICATION. (a) In this
336-6 subtitle, "intoxication" means the state of:
336-7 (1) having an alcohol concentration as determined by
336-8 Article 6701l-1, Revised Statutes, of 0.10 or more; or
336-9 (2) not having the normal use of mental or physical
336-10 faculties resulting from the voluntary introduction into the body
336-11 of:
336-12 (A) an alcoholic beverage, as defined by Section
336-13 1.04, Alcoholic Beverage Code;
336-14 (B) a controlled substance or controlled
336-15 substance analogue, as defined by Section 481.002, Health and
336-16 Safety Code;
336-17 (C) a dangerous drug, as defined by Section
336-18 483.001, Health and Safety Code;
336-19 (D) an abusable glue or aerosol paint, as
336-20 defined by Section 485.001, Health and Safety Code; or
336-21 (E) any similar substance, the use of which is
336-22 regulated under state law.
336-23 (b) The term "intoxication" does not include the loss of
336-24 normal use of mental or physical faculties resulting from the
336-25 introduction into the body of a substance:
336-26 (1) taken under and in accordance with a prescription
336-27 written for the employee by the employee's doctor; or
337-1 (2) listed under Subsection (a) by inhalation or
337-2 absorption incidental to the employee's work. (V.A.C.S. Art.
337-3 8308-1.03(30).)
337-4 (Sections 401.014-401.020 reserved for expansion)
337-5 SUBCHAPTER C. MISCELLANEOUS PROVISIONS
337-6 Sec. 401.021. APPLICATION OF OTHER ACTS. Except as
337-7 otherwise provided by this subtitle:
337-8 (1) a proceeding, hearing, judicial review, or
337-9 enforcement of a commission order, decision, or rule is governed by
337-10 Sections 1 through 12, other than Sections 4(a)(3) and 4(b), and by
337-11 Sections 13, 14, 14a, 15, 17, 19, and 19A, Administrative Procedure
337-12 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
337-13 Statutes);
337-14 (2) the open meetings law, Chapter 271, Acts of the
337-15 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
337-16 Texas Civil Statutes), applies to a proceeding under this subtitle,
337-17 other than:
337-18 (A) a benefit review conference;
337-19 (B) a contested case hearing;
337-20 (C) an appeals panel proceeding;
337-21 (D) arbitration; or
337-22 (E) another proceeding involving a determination
337-23 on a workers' compensation claim; and
337-24 (3) the open records law, Chapter 424, Acts of the
337-25 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
337-26 Texas Civil Statutes), applies to a record of the commission or the
337-27 research center. (V.A.C.S. Art. 8308-1.02(a).)
338-1 Sec. 401.022. DISCRIMINATION PROHIBITED. (a) This subtitle
338-2 may not be applied to discriminate because of race, sex, national
338-3 origin, or religion.
338-4 (b) This section does not prohibit consideration of an
338-5 anatomical difference in application of the impairment guidelines
338-6 under Chapter 408 in rating an injury or a disease such as, but not
338-7 limited to, breast cancer or an inguinal hernia. If an impairment
338-8 rating assigns different values to the same injury for males and
338-9 females, the higher value shall be applied. (V.A.C.S. Art.
338-10 8308-1.021.)
338-11 Sec. 401.023. INTEREST OR DISCOUNT RATE. (a) Interest or a
338-12 discount under this subtitle shall be computed at the rate provided
338-13 by this section.
338-14 (b) The commission shall compute and publish the interest
338-15 and discount rate quarterly, using the auction rate quoted on a
338-16 discount basis for the 52-week treasury bills issued by the United
338-17 States government, as published by the Federal Reserve Board on the
338-18 date nearest to the 15th day preceding the first day of the
338-19 calendar quarter for which the rate is to be effective. For this
338-20 purpose, calendar quarters begin January 1, April 1, July 1, and
338-21 October 1. (V.A.C.S. Art. 8308-1.04.)
338-22 CHAPTER 402. TEXAS WORKERS' COMPENSATION COMMISSION
338-23 SUBCHAPTER A. ORGANIZATION
338-24 Sec. 402.001. MEMBERSHIP REQUIREMENTS
338-25 Sec. 402.002. TERMS; VACANCY
338-26 Sec. 402.003. EFFECT OF LOBBYING ACTIVITY
338-27 Sec. 402.004. VOTING REQUIREMENTS
339-1 Sec. 402.005. REMOVAL OF COMMISSION MEMBERS
339-2 Sec. 402.006. PROHIBITED GIFTS; ADMINISTRATIVE VIOLATION
339-3 Sec. 402.007. MEETINGS
339-4 Sec. 402.008. CHAIRMAN
339-5 Sec. 402.009. LEAVE OF ABSENCE
339-6 Sec. 402.010. CIVIL LIABILITY OF MEMBER
339-7 Sec. 402.011. REIMBURSEMENT
339-8 (Sections 402.012-402.020 reserved for expansion)
339-9 SUBCHAPTER B. ADMINISTRATION
339-10 Sec. 402.021. COMMISSION DIVISIONS
339-11 Sec. 402.022. PUBLIC INTEREST INFORMATION
339-12 Sec. 402.023. COMPLAINT INFORMATION
339-13 Sec. 402.024. PUBLIC PARTICIPATION
339-14 Sec. 402.025. AUDIT
339-15 (Sections 402.026-402.040 reserved for expansion)
339-16 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
339-17 Sec. 402.041. EXECUTIVE DIRECTOR
339-18 Sec. 402.042. GENERAL POWERS AND DUTIES OF EXECUTIVE
339-19 DIRECTOR
339-20 Sec. 402.043. ADMINISTRATIVE ASSISTANTS
339-21 Sec. 402.044. CAREER LADDER; ANNUAL PERFORMANCE
339-22 EVALUATIONS
339-23 Sec. 402.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY
339-24 STATEMENT
339-25 (Sections 402.046-402.060 reserved for expansion)
339-26 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
339-27 Sec. 402.061. ADOPTION OF RULES
340-1 Sec. 402.062. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS
340-2 Sec. 402.063. APPOINTMENT OF EXECUTIVE DIRECTOR
340-3 Sec. 402.064. FEES
340-4 Sec. 402.065. EMPLOYMENT OF COUNSEL
340-5 Sec. 402.066. RECOMMENDATIONS TO LEGISLATURE
340-6 Sec. 402.067. ADVISORY COMMITTEES
340-7 Sec. 402.068. DELEGATION OF RIGHTS AND DUTIES PROHIBITED
340-8 Sec. 402.069. QUALIFICATIONS AND STANDARDS OF CONDUCT
340-9 INFORMATION
340-10 Sec. 402.070. ANNUAL REPORT
340-11 Sec. 402.071. REPRESENTATIVES
340-12 Sec. 402.072. SANCTIONS
340-13 (Sections 402.073-402.080 reserved for expansion)
340-14 SUBCHAPTER E. RECORDS AND EMPLOYEE INFORMATION
340-15 Sec. 402.081. COMMISSION RECORDS
340-16 Sec. 402.082. INJURY INFORMATION MAINTAINED BY COMMISSION
340-17 Sec. 402.083. CONFIDENTIALITY OF INJURY INFORMATION
340-18 Sec. 402.084. RECORD CHECK; RELEASE OF INFORMATION
340-19 Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY
340-20 Sec. 402.086. TRANSFER OF CONFIDENTIALITY
340-21 Sec. 402.087. INFORMATION AVAILABLE TO PROSPECTIVE
340-22 EMPLOYERS
340-23 Sec. 402.088. REPORT OF PRIOR INJURY
340-24 Sec. 402.089. FAILURE TO FILE AUTHORIZATION; ADMINISTRATIVE
340-25 VIOLATION
340-26 Sec. 402.090. STATISTICAL INFORMATION
340-27 Sec. 402.091. FAILURE TO MAINTAIN CONFIDENTIALITY;
341-1 OFFENSE; PENALTY
341-2 CHAPTER 402. TEXAS WORKERS' COMPENSATION COMMISSION
341-3 SUBCHAPTER A. ORGANIZATION
341-4 Sec. 402.001. MEMBERSHIP REQUIREMENTS. (a) The Texas
341-5 Workers' Compensation Commission is composed of six members
341-6 appointed by the governor with the advice and consent of the
341-7 senate.
341-8 (b) Appointments to the commission shall be made without
341-9 regard to the race, color, disability, sex, religion, age, or
341-10 national origin of the appointee.
341-11 (c) Three members of the commission must be employers of
341-12 labor and three members of the commission must be wage earners.
341-13 (d) In making appointments to the commission, the governor
341-14 shall attempt to reflect the social, geographic, and economic
341-15 diversity of the state. To ensure balanced representation, the
341-16 governor may consider:
341-17 (1) the geographic location of a prospective
341-18 appointee's domicile;
341-19 (2) the prospective appointee's experience as an
341-20 employer or wage earner;
341-21 (3) the number of employees employed by a prospective
341-22 member who would represent employers; and
341-23 (4) the type of work performed by a prospective member
341-24 who would represent wage earners.
341-25 (e) The governor shall consider the factors listed in
341-26 Subsection (d) in appointing a member to fill a vacancy on the
341-27 commission.
342-1 (f) In making an appointment to the commission, the governor
342-2 shall consider recommendations made by groups that represent
342-3 employers or wage earners. (V.A.C.S. Arts. 8308-2.01(b), (c),
342-4 (d).)
342-5 Sec. 402.002. TERMS; VACANCY. (a) Members of the
342-6 commission hold office for staggered six-year terms, with the terms
342-7 of one member representing employers and one member representing
342-8 wage earners expiring on February 1 of each odd-numbered year.
342-9 (b) If a vacancy occurs during a term, the governor shall
342-10 fill the vacancy for the unexpired term. The replacement must be
342-11 from the group represented by the member being replaced. (V.A.C.S.
342-12 Arts. 8308-2.02(a), (c).)
342-13 Sec. 402.003. EFFECT OF LOBBYING ACTIVITY. A member of the
342-14 commission may not be a lobbyist required to be registered under
342-15 Chapter 305, Government Code, if the primary purpose of the
342-16 person's employment is to influence the passage of legislation.
342-17 (V.A.C.S. Art. 8308-2.01(f).)
342-18 Sec. 402.004. VOTING REQUIREMENTS. (a) The commission may
342-19 take action only by a majority vote of its membership.
342-20 (b) A decision regarding the employment of an executive
342-21 director requires the affirmative vote of at least two
342-22 commissioners representing employers and two commissioners
342-23 representing wage earners. (V.A.C.S. Art. 8308-2.04.)
342-24 Sec. 402.005. REMOVAL OF COMMISSION MEMBERS. (a) It is a
342-25 ground for removal from the commission that a member:
342-26 (1) does not have at the time of appointment the
342-27 qualifications required for appointment to the commission;
343-1 (2) does not maintain during service on the commission
343-2 the qualifications required for appointment to the commission;
343-3 (3) cannot discharge because of illness or incapacity
343-4 the member's duties for a substantial part of the term for which
343-5 the member is appointed; or
343-6 (4) is absent from more than half of the regularly
343-7 scheduled commission meetings that the member is eligible to attend
343-8 during a calendar year unless the absence is excused by a majority
343-9 vote of the commission.
343-10 (b) The validity of an action of the commission is not
343-11 affected by the fact that it is taken when a ground for removal of
343-12 a commission member exists.
343-13 (c) If the executive director of the commission knows that a
343-14 potential ground for removal exists, the executive director shall
343-15 notify the chairman of the commission of the ground. The chairman
343-16 shall then notify the governor that a potential ground for removal
343-17 exists. (V.A.C.S. Art. 8308-2.05.)
343-18 Sec. 402.006. PROHIBITED GIFTS; ADMINISTRATIVE VIOLATION.
343-19 (a) A member or employee of the commission may not accept a gift,
343-20 gratuity, or entertainment from a person having an interest in a
343-21 matter or proceeding pending before the commission.
343-22 (b) A violation of Subsection (a) is a Class A
343-23 administrative violation and constitutes a ground for removal from
343-24 office or termination of employment. (V.A.C.S. Art. 8308-2.01(g).)
343-25 Sec. 402.007. MEETINGS. The commission shall meet at least
343-26 once in each calendar quarter and may meet at other times at the
343-27 call of the chairman or as provided by the rules of the commission.
344-1 (V.A.C.S. Art. 8308-2.07.)
344-2 Sec. 402.008. CHAIRMAN. (a) The commission shall elect one
344-3 of its members to serve as chairman for a two-year term expiring
344-4 February 1 of each odd-numbered year.
344-5 (b) The chairman may vote on all matters before the
344-6 commission. (V.A.C.S. Arts. 8308-2.03(a) (part), (b).)
344-7 Sec. 402.009. LEAVE OF ABSENCE. (a) An employer may not
344-8 terminate the employment of an employee who is appointed as a
344-9 member of the commission because of the exercise by the employee of
344-10 duties required as a commission member.
344-11 (b) A member of the commission is entitled to a leave of
344-12 absence from employment for the time required to perform commission
344-13 duties. During the leave of absence, the member may not be
344-14 subjected to loss of time, vacation time, or other benefits of
344-15 employment, other than salary. (V.A.C.S. Art. 8308-2.08.)
344-16 Sec. 402.010. CIVIL LIABILITY OF MEMBER. A member of the
344-17 commission is not liable in a civil action for an act performed in
344-18 good faith in the execution of duties as a commission member.
344-19 (V.A.C.S. Art. 8308-2.01(e).)
344-20 Sec. 402.011. REIMBURSEMENT. (a) A member of the
344-21 commission is entitled to reimbursement for actual and necessary
344-22 expenses incurred in performing functions as a member of the
344-23 commission. Reimbursement under this subsection may not exceed a
344-24 limit established in the General Appropriations Act.
344-25 (b) A member is entitled to reimbursement for actual lost
344-26 wages, if any, due to attendance at commission meetings.
344-27 Reimbursement under this subsection may not exceed $100 a day and
345-1 $12,000 a year. (V.A.C.S. Art. 8308-2.06.)
345-2 (Sections 402.012-402.020 reserved for expansion)
345-3 SUBCHAPTER B. ADMINISTRATION
345-4 Sec. 402.021. COMMISSION DIVISIONS. (a) The commission
345-5 has:
345-6 (1) a division of workers' health and safety;
345-7 (2) a division of medical review;
345-8 (3) a division of compliance and practices;
345-9 (4) a division of hearings; and
345-10 (5) a division of risk management.
345-11 (b) In addition to the divisions listed by Subsection (a),
345-12 the executive director, with the approval of the commission, may
345-13 establish divisions within the commission for effective
345-14 administration and performance of commission functions.
345-15 (c) The executive director shall appoint the directors of
345-16 the divisions of the commission. The directors serve at the
345-17 pleasure of the executive director.
345-18 (d) The executive director may allocate and reallocate
345-19 functions among the divisions. (V.A.C.S. Art. 8308-2.12.)
345-20 Sec. 402.022. PUBLIC INTEREST INFORMATION. (a) The
345-21 executive director shall prepare information of public interest
345-22 describing the functions of the commission and the procedures by
345-23 which complaints are filed with and resolved by the commission.
345-24 (b) The executive director shall make the information
345-25 available to the public and appropriate state agencies. (V.A.C.S.
345-26 Art. 8308-2.13(a).)
345-27 Sec. 402.023. COMPLAINT INFORMATION. (a) The executive
346-1 director shall keep an information file about each written
346-2 complaint filed with the commission that is unrelated to a specific
346-3 workers' compensation claim.
346-4 (b) The commission shall notify the parties to a complaint
346-5 that is unrelated to a specific workers' compensation claim of the
346-6 status of the complaint at least quarterly until final disposition
346-7 of the complaint unless notice would jeopardize an undercover
346-8 investigation. (V.A.C.S. Art. 8308-2.13(b).)
346-9 Sec. 402.024. PUBLIC PARTICIPATION. (a) The commission
346-10 shall develop and implement policies that provide the public with a
346-11 reasonable opportunity to appear before the commission and to speak
346-12 on issues under the general jurisdiction of the commission.
346-13 (b) The executive director shall prepare and maintain a
346-14 written plan that describes how a person who does not speak English
346-15 or who has a physical, mental, or developmental disability may be
346-16 provided reasonable access to workers' compensation proceedings.
346-17 (V.A.C.S. Arts. 8308-2.13(c), (d).)
346-18 Sec. 402.025. AUDIT. The financial transactions of the
346-19 commission are subject to audit by the state auditor in accordance
346-20 with Chapter 321, Government Code. (V.A.C.S. Art. 8308-2.27.)
346-21 (Sections 402.026-402.040 reserved for expansion)
346-22 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
346-23 Sec. 402.041. EXECUTIVE DIRECTOR. (a) The executive
346-24 director is the executive officer and administrative head of the
346-25 commission. The executive director exercises all rights, powers,
346-26 and duties imposed or conferred by law on the commission, except
346-27 for rulemaking and other rights, powers, and duties specifically
347-1 reserved under this subtitle to members of the commission.
347-2 (b) The executive director shall hire personnel as necessary
347-3 to administer this subtitle.
347-4 (c) The executive director serves at the pleasure of the
347-5 commission. (V.A.C.S. Art. 8308-2.10.)
347-6 Sec. 402.042. GENERAL POWERS AND DUTIES OF EXECUTIVE
347-7 DIRECTOR. (a) The executive director shall conduct the day-to-day
347-8 operations of the commission in accordance with policies
347-9 established by the commission and otherwise implement commission
347-10 policy.
347-11 (b) The executive director may:
347-12 (1) investigate misconduct;
347-13 (2) hold hearings;
347-14 (3) issue subpoenas to compel the attendance of
347-15 witnesses and the production of documents;
347-16 (4) administer oaths;
347-17 (5) take testimony directly or by deposition or
347-18 interrogatory;
347-19 (6) assess and enforce penalties established under
347-20 this subtitle;
347-21 (7) enter appropriate orders as authorized by this
347-22 subtitle;
347-23 (8) correct clerical errors in the entry of orders;
347-24 (9) institute an action in the commission's name to
347-25 enjoin the violation of this subtitle;
347-26 (10) initiate an action under Section 410.254 to
347-27 intervene in a judicial proceeding;
348-1 (11) prescribe the form, manner, and procedure for
348-2 transmission of information to the commission; and
348-3 (12) delegate all powers and duties as necessary.
348-4 (c) The executive director is the agent for service of
348-5 process on out-of-state employers. (V.A.C.S. Arts. 8308-2.11(a),
348-6 (b), (c), (d), (e), (f), (h).)
348-7 Sec. 402.043. ADMINISTRATIVE ASSISTANTS. The executive
348-8 director shall employ and supervise:
348-9 (1) one person representing wage earners permanently
348-10 assigned to act as administrative assistant to the members of the
348-11 commission who represent wage earners; and
348-12 (2) one person representing employers permanently
348-13 assigned to act as administrative assistant to the members of the
348-14 commission who represent employers. (V.A.C.S. Art. 8308-2.091.)
348-15 Sec. 402.044. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.
348-16 (a) The executive director shall develop an intraagency career
348-17 ladder program. The program shall require intraagency postings of
348-18 all nonentry level positions concurrently with any public posting.
348-19 (b) The executive director shall develop a system of annual
348-20 performance evaluations. All merit pay for commission employees
348-21 must be based on the system established under this subsection.
348-22 (V.A.C.S. Arts. 8308-2.11(i), (j).)
348-23 Sec. 402.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
348-24 (a) The executive director shall prepare and maintain a written
348-25 policy statement approved by the commission to ensure
348-26 implementation of a program of equal employment opportunity under
348-27 which all personnel transactions are made without regard to race,
349-1 color, disability, sex, religion, age, or national origin. The
349-2 policy statement must include:
349-3 (1) personnel policies, including policies related to
349-4 recruitment, evaluation, selection, appointment, training, and
349-5 promotion of personnel;
349-6 (2) a comprehensive analysis that meets federal and
349-7 state guidelines of the commission's work force;
349-8 (3) procedures by which a determination can be made of
349-9 significant underuse in the commission's work force of all persons
349-10 for whom federal or state guidelines encourage a more equitable
349-11 balance; and
349-12 (4) reasonable methods to address those areas of
349-13 significant underuse appropriately.
349-14 (b) A policy statement prepared under this section must:
349-15 (1) cover an annual period;
349-16 (2) be updated at least annually; and
349-17 (3) be filed with the governor's office.
349-18 (c) The governor's office shall deliver a biennial report to
349-19 the legislature based on the information received under this
349-20 section. The report may be made separately or as part of other
349-21 biennial reports made to the legislature. (V.A.C.S.
349-22 Arts. 8308-2.11(k), (l), (m).)
349-23 (Sections 402.046-402.060 reserved for expansion)
349-24 SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION
349-25 Sec. 402.061. ADOPTION OF RULES. The commission shall adopt
349-26 rules as necessary for the implementation and enforcement of this
349-27 subtitle. (V.A.C.S. Art. 8308-2.09(a).)
350-1 Sec. 402.062. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.
350-2 The commission may accept gifts, grants, or donations as provided
350-3 by rules adopted by the commission. (V.A.C.S. Art. 8308-2.09(d).)
350-4 Sec. 402.063. APPOINTMENT OF EXECUTIVE DIRECTOR. The
350-5 commission shall appoint the executive director of the commission.
350-6 (V.A.C.S. Art. 8308-2.09(g).)
350-7 Sec. 402.064. FEES. In addition to fees established by this
350-8 subtitle, the commission shall set reasonable fees for services
350-9 provided to persons requesting services from the commission,
350-10 including services provided under Subchapter E. (V.A.C.S.
350-11 Arts. 8308-2.09(h), 8308-2.39.)
350-12 Sec. 402.065. EMPLOYMENT OF COUNSEL. The commission may
350-13 employ counsel to represent the commission in any legal action the
350-14 commission is authorized to initiate. (V.A.C.S.
350-15 Art. 8308-2.09(i).)
350-16 Sec. 402.066. RECOMMENDATIONS TO LEGISLATURE. (a) The
350-17 commission shall consider and recommend to the legislature changes
350-18 to this subtitle.
350-19 (b) The commission shall forward the recommended changes to
350-20 the legislature not later than December 1 of each even-numbered
350-21 year. (V.A.C.S. Art. 8308-2.09(j).)
350-22 Sec. 402.067. ADVISORY COMMITTEES. The commission may
350-23 appoint advisory committees as it considers necessary. (V.A.C.S.
350-24 Art. 8308-2.09(k).)
350-25 Sec. 402.068. DELEGATION OF RIGHTS AND DUTIES PROHIBITED.
350-26 Except as provided by Section 402.065, the commission may not
350-27 delegate rights and duties imposed on it by this subchapter.
351-1 (V.A.C.S. Art. 8308-2.09(l).)
351-2 Sec. 402.069. QUALIFICATIONS AND STANDARDS OF CONDUCT
351-3 INFORMATION. The commission shall provide to its members and
351-4 employees, as often as necessary, information regarding their:
351-5 (1) qualifications for office or employment under this
351-6 subtitle; and
351-7 (2) responsibilities under applicable law relating to
351-8 standards of conduct for state officers or employees. (V.A.C.S.
351-9 Art. 8308-2.09(b).)
351-10 Sec. 402.070. ANNUAL REPORT. (a) The commission shall file
351-11 annually with the governor and the presiding officer of each house
351-12 of the legislature a complete and detailed written report
351-13 accounting for all funds received and disbursed by the commission
351-14 during the preceding fiscal year.
351-15 (b) The report required under this section must be in the
351-16 form and reported in the time provided by the General
351-17 Appropriations Act. (V.A.C.S. Art. 8308-2.09(c).)
351-18 Sec. 402.071. REPRESENTATIVES. (a) The commission by rule
351-19 shall establish:
351-20 (1) qualifications for a representative; and
351-21 (2) procedures for authorizing a representative.
351-22 (b) A representative may receive a fee for providing
351-23 representation under this subtitle only if the representative is:
351-24 (1) an adjuster representing an insurance carrier; or
351-25 (2) licensed to practice law. (V.A.C.S.
351-26 Art. 8308-2.09(e).)
351-27 Sec. 402.072. SANCTIONS. Only the commission may impose:
352-1 (1) a sanction that deprives a person of the right to
352-2 practice before the commission or of the right to receive
352-3 remuneration under this subtitle for a period exceeding 30 days; or
352-4 (2) another sanction revoking or suspending for more
352-5 than 30 days a license, certification, or permit required for
352-6 practice in the field of workers' compensation. (V.A.C.S.
352-7 Art. 8308-2.09(f).)
352-8 (Sections 402.073-402.080 reserved for expansion)
352-9 SUBCHAPTER E. RECORDS AND EMPLOYEE INFORMATION
352-10 Sec. 402.081. COMMISSION RECORDS. (a) The executive
352-11 director is the custodian of the commission's records and shall
352-12 perform the duties of a custodian required by law, including
352-13 providing copies and the certification of records.
352-14 (b) The executive director may destroy a record maintained
352-15 by the commission pertaining to an injury after the 50th
352-16 anniversary of the date of the injury to which the record refers
352-17 unless benefits are being paid on the claim on that date.
352-18 (c) A record maintained by the commission may be preserved
352-19 in any format permitted by Chapter 441, Government Code, and rules
352-20 adopted by the Texas State Library and Archives Commission under
352-21 that chapter. (V.A.C.S. Art. 8308-2.11(g).)
352-22 Sec. 402.082. INJURY INFORMATION MAINTAINED BY COMMISSION.
352-23 The commission shall maintain information on every compensable
352-24 injury as to the:
352-25 (1) race, ethnicity, and sex of the claimant;
352-26 (2) classification of the injury;
352-27 (3) amount of wages earned by the claimant before the
353-1 injury; and
353-2 (4) amount of compensation received by the claimant.
353-3 (V.A.C.S. Art. 8308-2.13(e).)
353-4 Sec. 402.083. CONFIDENTIALITY OF INJURY INFORMATION. (a)
353-5 Information in or derived from a claim file regarding an employee
353-6 is confidential and may not be disclosed by the commission except
353-7 as provided by this subtitle.
353-8 (b) Information concerning an employee who has been finally
353-9 adjudicated of wrongfully obtaining payment under Section 415.008
353-10 of this code or Section 32.51, Penal Code, is not confidential.
353-11 (V.A.C.S. Arts. 8308-2.31(a), (b).)
353-12 Sec. 402.084. RECORD CHECK; RELEASE OF INFORMATION. (a)
353-13 The commission shall perform and release a record check on an
353-14 employee, including current or prior injury information, to the
353-15 parties listed in Subsection (b) if:
353-16 (1) the claim is:
353-17 (A) open or pending before the commission;
353-18 (B) on appeal to a court of competent
353-19 jurisdiction; or
353-20 (C) the subject of a subsequent suit in which
353-21 the insurance carrier or the subsequent injury fund is subrogated
353-22 to the rights of the named claimant; and
353-23 (2) the requesting party requests the release on a
353-24 form prescribed by the commission for this purpose and provides all
353-25 required information.
353-26 (b) Information on a claim may be released as provided by
353-27 Subsection (a) to:
354-1 (1) the employee or the employee's legal beneficiary;
354-2 (2) the employee's or the legal beneficiary's
354-3 representative;
354-4 (3) the employer at the time of injury;
354-5 (4) the insurance carrier;
354-6 (5) the Texas Certified Self-Insurer Guaranty
354-7 Association established under Subchapter G, Chapter 407, if that
354-8 association has assumed the obligations of an impaired employer;
354-9 (6) the Texas Property and Casualty Insurance Guaranty
354-10 Association, if that association has assumed the obligations of an
354-11 impaired insurance company; or
354-12 (7) a third-party litigant in a lawsuit in which the
354-13 cause of action arises from the incident that gave rise to the
354-14 injury.
354-15 (c) The requirements of Subsection (a)(1) do not apply to a
354-16 request from a third-party litigant described by Subsection (b)(7).
354-17 (V.A.C.S. Arts. 8308-2.31(c), (d).)
354-18 Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The
354-19 commission shall release information on a claim to:
354-20 (1) the Texas Department of Insurance for any
354-21 statutory or regulatory purpose;
354-22 (2) a legislative committee for legislative purposes;
354-23 (3) a state or federal elected official requested in
354-24 writing to provide assistance by a constituent who qualifies to
354-25 obtain injury information under Section 402.084(b), if the request
354-26 for assistance is provided to the commission; and
354-27 (4) the research center for research purposes.
355-1 (b) The commission may release information on a claim to a
355-2 governmental agency, political subdivision, or regulatory body to
355-3 use to:
355-4 (1) investigate an allegation of a criminal offense or
355-5 licensing or regulatory violation;
355-6 (2) provide:
355-7 (A) unemployment compensation benefits;
355-8 (B) crime victims compensation benefits;
355-9 (C) vocational rehabilitation services; or
355-10 (D) health care benefits;
355-11 (3) investigate occupational safety or health
355-12 violations; or
355-13 (4) verify income on an application for benefits under
355-14 an income-based state or federal assistance program. (V.A.C.S.
355-15 Art. 8308-2.32.)
355-16 Sec. 402.086. TRANSFER OF CONFIDENTIALITY. (a) Information
355-17 relating to a claim that is confidential under this subtitle
355-18 remains confidential when released to any person, except when used
355-19 in court for the purposes of an appeal.
355-20 (b) This section does not prohibit an employer from
355-21 releasing information lawfully acquired by the employer about a
355-22 former employee to another employer with whom the employee has
355-23 applied for employment. (V.A.C.S. Art. 8308-2.36.)
355-24 Sec. 402.087. INFORMATION AVAILABLE TO PROSPECTIVE
355-25 EMPLOYERS. (a) A prospective employer who has workers'
355-26 compensation insurance coverage and who complies with this
355-27 subchapter is entitled to obtain information on the prior injuries
356-1 of an applicant for employment if the employer obtains written
356-2 authorization from the applicant before making the request.
356-3 (b) The employer must make the request by telephone or file
356-4 the request in writing not later than the 14th day after the date
356-5 on which the application for employment is made.
356-6 (c) The request must include the applicant's name, address,
356-7 and social security number.
356-8 (d) If the request is made in writing, the authorization
356-9 must be filed simultaneously. If the request is made by telephone,
356-10 the employer must file the authorization not later than the 10th
356-11 day after the date on which the request is made. (V.A.C.S. Art.
356-12 8308-2.33.)
356-13 Sec. 402.088. REPORT OF PRIOR INJURY. (a) On receipt of a
356-14 request made under and complying with Section 402.087, the
356-15 commission shall review its records.
356-16 (b) If the commission finds that the applicant has made two
356-17 or more general injury claims in the preceding five years, the
356-18 commission shall release the date and description of each injury to
356-19 the employer.
356-20 (c) The information may be released in writing or by
356-21 telephone.
356-22 (d) If the employer requests information on three or more
356-23 applicants at the same time, the commission may refuse to release
356-24 information until it receives the written authorization from each
356-25 applicant.
356-26 (e) In this section, "general injury" means an injury other
356-27 than an injury limited to one or more of the following:
357-1 (1) an injury to a digit, limb, or member;
357-2 (2) an inguinal hernia; or
357-3 (3) vision or hearing loss. (V.A.C.S. Art.
357-4 8308-2.34.)
357-5 Sec. 402.089. FAILURE TO FILE AUTHORIZATION; ADMINISTRATIVE
357-6 VIOLATION. (a) An employer who receives information by telephone
357-7 from the commission under Section 402.088 and who fails to file the
357-8 necessary authorization in accordance with Section 402.087 commits
357-9 a Class C administrative violation.
357-10 (b) Each failure to file an authorization is a separate
357-11 violation. (V.A.C.S. Art. 8308-2.35.)
357-12 Sec. 402.090. STATISTICAL INFORMATION. The commission, the
357-13 research center, or any other governmental agency may prepare and
357-14 release statistical information if the identity of an employee is
357-15 not explicitly or implicitly disclosed. (V.A.C.S. Art. 8308-2.38.)
357-16 Sec. 402.091. FAILURE TO MAINTAIN CONFIDENTIALITY; OFFENSE;
357-17 PENALTY. (a) A person commits an offense if the person knowingly,
357-18 intentionally, or recklessly publishes, discloses, or distributes
357-19 information that is confidential under this subchapter to a person
357-20 not authorized to receive the information directly from the
357-21 commission.
357-22 (b) A person commits an offense if the person knowingly,
357-23 intentionally, or recklessly receives information that is
357-24 confidential under this subchapter and that the person is not
357-25 authorized to receive.
357-26 (c) An offense under this section is a Class A misdemeanor.
357-27 (d) An offense under this section may be prosecuted in a
358-1 court in:
358-2 (1) Travis County; or
358-3 (2) the county where the information was unlawfully
358-4 received, published, disclosed, or distributed.
358-5 (e) A district court in Travis County has jurisdiction to
358-6 enjoin the use, publication, disclosure, or distribution of
358-7 confidential information under this section. (V.A.C.S. Art.
358-8 8308-2.37.)
358-9 CHAPTER 403. COMMISSION FINANCING
358-10 Sec. 403.001. COMMISSION FUNDS
358-11 Sec. 403.002. MAINTENANCE TAXES
358-12 Sec. 403.003. RATE OF ASSESSMENT
358-13 Sec. 403.004. COLLECTION OF TAX AFTER WITHDRAWAL
358-14 FROM BUSINESS
358-15 Sec. 403.005. TAX RATE SURPLUS OR DEFICIT
358-16 Sec. 403.006. SUBSEQUENT INJURY FUND
358-17 Sec. 403.007. FUNDING OF SUBSEQUENT INJURY FUND
358-18 CHAPTER 403. COMMISSION FINANCING
358-19 Sec. 403.001. COMMISSION FUNDS. (a) Except as provided by
358-20 Sections 403.006 and 403.007 or as otherwise provided by law, money
358-21 collected under this subtitle, including administrative penalties
358-22 and advance deposits for purchase of services, shall be deposited
358-23 in the general revenue fund of the state treasury to the credit of
358-24 the commission.
358-25 (b) The money may be spent as authorized by legislative
358-26 appropriation on warrants issued by the comptroller under
358-27 requisitions made by the commission. (V.A.C.S. Art. 8308-2.21.)
359-1 Sec. 403.002. MAINTENANCE TAXES. (a) Each insurance
359-2 carrier, other than a governmental entity, shall pay an annual
359-3 maintenance tax to pay the costs of administering this subtitle.
359-4 (b) The assessment may not exceed an amount equal to two
359-5 percent of the correctly reported gross workers' compensation
359-6 insurance premiums.
359-7 (c) A workers' compensation insurance company is taxed at
359-8 the rate established under Section 403.003. The tax shall be
359-9 collected in the manner provided for collection of other taxes on
359-10 gross premiums from a workers' compensation insurance company as
359-11 provided in Article 5.68, Insurance Code. (V.A.C.S. Arts.
359-12 8308-2.22(a), (b).)
359-13 Sec. 403.003. RATE OF ASSESSMENT. (a) The commission shall
359-14 set and certify to the Texas Department of Insurance the rate of
359-15 maintenance tax assessment not later than October 31 of each year,
359-16 taking into account:
359-17 (1) any expenditure projected as necessary for the
359-18 commission to administer this subtitle during the fiscal year for
359-19 which the rate of assessment is set;
359-20 (2) projected employee benefits paid from general
359-21 revenues;
359-22 (3) a surplus or deficit produced by the tax in the
359-23 preceding year; and
359-24 (4) revenue recovered from other sources, including
359-25 reappropriated receipts, grants, payments, fees, gifts, and
359-26 penalties recovered under this subtitle.
359-27 (b) In setting the rate of assessment, the commission may
360-1 not consider revenue or expenditures related to:
360-2 (1) the division of risk management;
360-3 (2) the research center; or
360-4 (3) any other revenue or expenditure excluded from
360-5 consideration by law. (V.A.C.S. Art. 8308-2.23.)
360-6 Sec. 403.004. COLLECTION OF TAX AFTER WITHDRAWAL FROM
360-7 BUSINESS. The insurance commissioner or the executive director of
360-8 the commission immediately shall proceed to collect taxes due under
360-9 this chapter from an insurance carrier that withdraws from business
360-10 in this state, using legal process as necessary. (V.A.C.S. Art.
360-11 8308-2.24.)
360-12 Sec. 403.005. Tax Rate Surplus or Deficit. (a) If the tax
360-13 rate set by the commission for a year does not produce sufficient
360-14 revenue to make all expenditures authorized by legislative
360-15 appropriation, the deficit shall be paid from the general revenue
360-16 fund.
360-17 (b) If the tax rate set by the commission for a year
360-18 produces revenue that exceeds the amount required to make all
360-19 expenditures authorized by the legislature, the excess shall be
360-20 deposited in the general revenue fund to the credit of the
360-21 commission. (V.A.C.S. Art. 8308-2.25.)
360-22 Sec. 403.006. Subsequent Injury Fund. (a) The subsequent
360-23 injury fund is a special fund in the state treasury.
360-24 (b) Money in the subsequent injury fund shall be used for
360-25 the payment of compensation as provided by Section 408.162.
360-26 (c) The executive director shall appoint an administrator
360-27 for the subsequent injury fund. (V.A.C.S. Art. 8308-2.14.)
361-1 Sec. 403.007. Funding of Subsequent Injury Fund. (a) If a
361-2 compensable death occurs and no legal beneficiary survives or a
361-3 claim for death benefits is not timely made, the insurance carrier
361-4 shall pay to the commission for deposit to the credit of the
361-5 subsequent injury fund an amount equal to 364 weeks of the death
361-6 benefits otherwise payable.
361-7 (b) The insurance carrier may elect or the commission may
361-8 order that death benefits payable to the fund be commuted on
361-9 written approval of the executive director. The commutation may be
361-10 discounted for present payment at the rate established in Section
361-11 401.023, compounded annually.
361-12 (c) If a claim for death benefits is not filed with the
361-13 commission by a legal beneficiary on or before the first
361-14 anniversary of the date of the death of the employee, it is
361-15 presumed, for purposes of this section only, that no legal
361-16 beneficiary survived the deceased employee. The presumption does
361-17 not apply against a minor beneficiary or an incompetent beneficiary
361-18 for whom a guardian has not been appointed.
361-19 (d) If the insurance carrier makes payment to the subsequent
361-20 injury fund and it is later determined by a final award of the
361-21 commission or the final judgment of a court of competent
361-22 jurisdiction that a legal beneficiary is entitled to the death
361-23 benefits, the commission shall order the fund to reimburse the
361-24 insurance carrier for the amount overpaid to the fund. (V.A.C.S.
361-25 Art. 8308-2.26.)
361-26 CHAPTER 404. TEXAS WORKERS' COMPENSATION RESEARCH CENTER
361-27 Sec. 404.001. DEFINITIONS
362-1 Sec. 404.002. RESEARCH CENTER; GENERAL POWERS AND DUTIES
362-2 Sec. 404.003. RESEARCH CENTER FUNDING; MAINTENANCE TAX
362-3 Sec. 404.004. BOARD OF DIRECTORS
362-4 Sec. 404.005. TERMS; VACANCY
362-5 Sec. 404.006. PRESIDING OFFICER; MEETINGS
362-6 Sec. 404.007. GENERAL POWERS AND DUTIES OF BOARD
362-7 Sec. 404.008. EXECUTIVE DIRECTOR; APPROPRIATIONS REQUEST
362-8 Sec. 404.009. RESEARCH AGENDA
362-9 Sec. 404.010. COORDINATION WITH OTHER STATE AGENCIES;
362-10 CONFIDENTIALITY
362-11 CHAPTER 404. TEXAS WORKERS' COMPENSATION RESEARCH CENTER
362-12 Sec. 404.001. DEFINITIONS. In this chapter:
362-13 (1) "Board" means the board of directors of the Texas
362-14 Workers' Compensation Research Center.
362-15 (2) "Executive director" means the executive director
362-16 of the research center. (New.)
362-17 Sec. 404.002. RESEARCH CENTER; GENERAL POWERS AND DUTIES.
362-18 (a) The Texas Workers' Compensation Research Center is an advisory
362-19 body to the commission. The research center shall be constituted
362-20 and operated in a manner that ensures that its research, findings,
362-21 and conclusions are factual, fair, and unbiased.
362-22 (b) The research center shall conduct professional studies
362-23 and research related to:
362-24 (1) the delivery of benefits;
362-25 (2) litigation and controversy related to workers'
362-26 compensation;
362-27 (3) insurance rates and rate-making procedures;
363-1 (4) rehabilitation and reemployment of injured
363-2 workers;
363-3 (5) workplace health and safety issues;
363-4 (6) the quality and cost of medical benefits; and
363-5 (7) other matters relevant to the cost, quality, and
363-6 operational effectiveness of the workers' compensation system.
363-7 (c) In addition to the studies and research conducted under
363-8 Subsection (b), the research center shall conduct studies and
363-9 research related to drugs in the workplace, giving priority to drug
363-10 abuse in public and private establishments in which drug abuse
363-11 could result in serious consequences to the public. The studies
363-12 and research must include a survey designed to identify future
363-13 needs and current efforts of employers to counteract drug abuse and
363-14 its effects in the workplace. (V.A.C.S. Art. 8308-11.01.)
363-15 Sec. 404.003. RESEARCH CENTER FUNDING; MAINTENANCE TAX. (a)
363-16 The research center is funded through the assessment of a
363-17 maintenance tax collected annually from all insurance carriers
363-18 except governmental entities.
363-19 (b) The commission shall set the rate of the maintenance tax
363-20 based on the expenditures authorized and the receipts anticipated
363-21 in legislative appropriations. The tax rate for insurance
363-22 companies may not exceed one-tenth of one percent of the correctly
363-23 reported gross workers' compensation insurance premiums. The tax
363-24 rate for certified self-insurers may not exceed one-tenth of one
363-25 percent of the total tax base of all certified self-insurers, as
363-26 computed under Section 407.103(b).
363-27 (c) The tax imposed under Subsection (a) is in addition to
364-1 all other taxes imposed on those insurance carriers for workers'
364-2 compensation purposes.
364-3 (d) The tax on insurance companies shall be collected and
364-4 paid in the same manner and at the same time as the maintenance tax
364-5 established for the support of the Texas Department of Insurance
364-6 under Article 5.68, Insurance Code. The tax on certified
364-7 self-insurers shall be collected and paid in the same manner and at
364-8 the same time as the self-insurer maintenance tax collected under
364-9 Section 407.104.
364-10 (e) Amounts received under this section shall be deposited
364-11 in the state treasury to the credit of a special fund to be used
364-12 for the operation of the research center. (V.A.C.S. Arts.
364-13 8308-11.09(a), (b), (c), 8308a.)
364-14 Sec. 404.004. BOARD OF DIRECTORS. (a) The research center
364-15 is governed by a board of directors, composed of:
364-16 (1) a member of the commission, chosen by the
364-17 commission, from the members who are wage earners;
364-18 (2) a member of the commission, chosen by the
364-19 commission, from the members who are employers of labor;
364-20 (3) the public counsel of the office of public
364-21 insurance counsel; and
364-22 (4) six members of the public, two of whom are
364-23 appointed by the speaker of the house of representatives, two of
364-24 whom are appointed by the lieutenant governor, and two of whom are
364-25 appointed by the governor.
364-26 (b) The public members of the board shall be appointed
364-27 without regard to the race, color, disability, sex, religion, age,
365-1 or national origin of the appointee. Appointments are not subject
365-2 to senate confirmation.
365-3 (c) A member of the board is not liable for any act
365-4 performed in good faith in the execution of duties as a board
365-5 member.
365-6 (d) A member of the board may not receive remuneration for
365-7 service on the board but is entitled to reimbursement for actual
365-8 and necessary expenses incurred in performing functions as a board
365-9 member, subject to any limit in the General Appropriations Act.
365-10 (V.A.C.S. Arts. 8308-11.02, 8308-11.06.)
365-11 Sec. 404.005. TERMS; VACANCY. (a) Public members of the
365-12 board serve for staggered four-year terms, with the terms of three
365-13 appointed members expiring February 1 of each odd-numbered year.
365-14 (b) A board member who also serves on the commission or as
365-15 the public counsel of the office of public insurance counsel serves
365-16 a term as determined by the appointing state agency.
365-17 (c) If a vacancy occurs during a term, the appointing
365-18 officer or agency shall appoint a replacement who meets the
365-19 qualifications of the vacated office for the unexpired term.
365-20 (V.A.C.S. Art. 8308-11.04.)
365-21 Sec. 404.006. PRESIDING OFFICER; MEETINGS. (a) The board
365-22 shall elect an appointed member to serve as presiding officer for a
365-23 two-year term. The term of the presiding officer expires on
365-24 February 1 of each even-numbered year.
365-25 (b) The board shall meet at least once in each calendar
365-26 quarter and may meet at other times at the call of the presiding
365-27 officer or as provided by board rules. (V.A.C.S. Arts. 8308-11.05,
366-1 8308-11.07.)
366-2 Sec. 404.007. GENERAL POWERS AND DUTIES OF BOARD. (a) The
366-3 board shall:
366-4 (1) approve the research agenda and operating budget
366-5 of the research center;
366-6 (2) report annually in writing to the governor and the
366-7 legislature on the activities conducted by the research center; and
366-8 (3) adopt rules for the operations of the board and
366-9 the research center.
366-10 (b) Through an appropriate use of research staff and
366-11 research contracted with educational institutions or other public
366-12 or private research institutions and workers' compensation experts,
366-13 the board shall ensure:
366-14 (1) the quality of research products; and
366-15 (2) economy in the use of funds.
366-16 (c) The board shall publish and disseminate its studies to
366-17 interested persons and may determine charges for the publications
366-18 as necessary to achieve optimal dissemination.
366-19 (d) The board may:
366-20 (1) delegate powers to the executive director as it
366-21 considers appropriate;
366-22 (2) contract with other persons, including
366-23 institutions of higher education, for conducting studies for the
366-24 research center;
366-25 (3) contract with the commission for a fiscal,
366-26 personnel, or other support function; and
366-27 (4) appoint expert advisory committees to help:
367-1 (A) prepare the research agenda;
367-2 (B) develop requests for research proposals;
367-3 (C) evaluate research proposals;
367-4 (D) technically review research products; and
367-5 (E) achieve other purposes appropriate to the
367-6 purposes of the research center.
367-7 (e) The board may take action by majority vote when a quorum
367-8 is present. (V.A.C.S. Arts. 8308-11.03(a) (part), (b), (c), (d),
367-9 (e).)
367-10 Sec. 404.008. EXECUTIVE DIRECTOR; APPROPRIATIONS REQUEST.
367-11 (a) The board shall employ an executive director, who shall
367-12 administer the research center in accordance with board policies.
367-13 (b) The executive director shall hire staff as necessary to
367-14 accomplish the objectives of the research center.
367-15 (c) The executive director shall prepare a request for
367-16 legislative appropriations for the operations of the research
367-17 center. If the request is approved by the board, the board shall
367-18 submit the request to the commission. The commission shall include
367-19 the request in the commission's legislative appropriations request.
367-20 (V.A.C.S. Arts. 8308-11.08(a), (b), 8308-11.09(d).)
367-21 Sec. 404.009. RESEARCH AGENDA. (a) The executive director
367-22 annually shall prepare a research agenda for board review and
367-23 approval.
367-24 (b) The board shall publish annually in the Texas Register a
367-25 proposed research agenda and shall distribute the proposed agenda
367-26 to educational institutions in this state that have a demonstrated
367-27 research capacity.
368-1 (c) The board shall accept public comments on the proposed
368-2 agenda and shall conduct a public hearing on the agenda if a
368-3 hearing is requested by interested persons. (V.A.C.S. Arts.
368-4 8308-11.03(a) (part), 8308-11.08(c).)
368-5 Sec. 404.010. COORDINATION WITH OTHER STATE AGENCIES;
368-6 CONFIDENTIALITY. (a) As required to fulfill the objectives of the
368-7 research center, the research center is entitled to access to the
368-8 files and records of:
368-9 (1) the commission;
368-10 (2) the Texas Employment Commission;
368-11 (3) the Texas Department of Insurance;
368-12 (4) the Texas Department of Human Services; and
368-13 (5) other state agencies.
368-14 (b) A state agency shall assist and cooperate in providing
368-15 the information to the research center.
368-16 (c) Information that is confidential under state law is
368-17 accessible to the research center under rules of confidentiality
368-18 and remains confidential. (V.A.C.S. Art. 8308-11.10.)
368-19 CHAPTER 405. LEGISLATIVE OVERSIGHT COMMITTEE
368-20 Sec. 405.001. DEFINITION
368-21 Sec. 405.002. COMPOSITION OF COMMITTEE
368-22 Sec. 405.003. COMMITTEE POWERS AND DUTIES
368-23 Sec. 405.004. REPORT
368-24 Sec. 405.005. VOCATIONAL REHABILITATION PILOT PROGRAM
368-25 Sec. 405.006. TEXAS LEGISLATIVE COUNCIL ASSISTANCE
368-26 CHAPTER 405. LEGISLATIVE OVERSIGHT COMMITTEE
368-27 Sec. 405.001. DEFINITION. In this chapter, "committee"
369-1 means the Legislative Oversight Committee. (New.)
369-2 Sec. 405.002. COMPOSITION OF COMMITTEE. The Legislative
369-3 Oversight Committee is composed of:
369-4 (1) three members of the senate, appointed by the
369-5 lieutenant governor; and
369-6 (2) three members of the house of representatives,
369-7 appointed by the speaker of the house of representatives.
369-8 (V.A.C.S. Art. 8308-2.51(a).)
369-9 Sec. 405.003. COMMITTEE POWERS AND DUTIES. (a) The
369-10 committee shall:
369-11 (1) meet quarterly with the commission;
369-12 (2) receive information about rules adopted by the
369-13 commission or proposed for adoption by the commission; and
369-14 (3) review specific recommendations for legislation
369-15 proposed by the commission.
369-16 (b) The committee shall monitor the cost of income benefits
369-17 under this subtitle, with emphasis on the availability and cost of
369-18 supplemental income benefits.
369-19 (c) The committee may request reports and other information
369-20 from the commission relating to the operation of the commission.
369-21 (V.A.C.S. Arts. 8308-2.51(b), (c), (d), (e).)
369-22 Sec. 405.004. REPORT. (a) The committee shall report to
369-23 the governor, lieutenant governor, and speaker of the house of
369-24 representatives not later than December 31 of each even-numbered
369-25 year.
369-26 (b) The report must include:
369-27 (1) identification of any problems in the workers'
370-1 compensation system, with recommendations for commission and
370-2 legislative action;
370-3 (2) an evaluation of the research conducted by the
370-4 research center;
370-5 (3) the status of the effectiveness of the workers'
370-6 compensation system to provide adequate, equitable, and timely
370-7 benefits to injured workers at a reasonable cost to employers, with
370-8 recommendations for any additional necessary research; and
370-9 (4) recommendations for legislative action. (V.A.C.S.
370-10 Arts. 8308-2.51(f), (g).)
370-11 Sec. 405.005. VOCATIONAL REHABILITATION PILOT PROGRAM. If
370-12 the study conducted by the research center under Section 404.002(b)
370-13 relating to the rehabilitation and reemployment of injured workers
370-14 finds vocational rehabilitation to be feasible and effective, the
370-15 committee shall draft legislation creating a vocational
370-16 rehabilitation pilot program to provide vocational rehabilitation
370-17 as a benefit under this subtitle. (V.A.C.S. Art. 8308-2.51(h).)
370-18 Sec. 405.006. TEXAS LEGISLATIVE COUNCIL ASSISTANCE. The
370-19 Texas Legislative Council shall assign at least one staff person to
370-20 assist the committee and shall provide other support as necessary.
370-21 (V.A.C.S. Art. 8308-2.51(i).)
370-22 CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
370-23 SUBCHAPTER A. COVERAGE ELECTION; SECURITY PROCEDURES
370-24 Sec. 406.001. DEFINITION
370-25 Sec. 406.002. COVERAGE GENERALLY ELECTIVE
370-26 Sec. 406.003. METHODS OF OBTAINING COVERAGE
370-27 Sec. 406.004. EMPLOYER NOTICE TO COMMISSION; ADMINISTRATIVE
371-1 VIOLATION
371-2 Sec. 406.005. EMPLOYER NOTICE TO EMPLOYEES; ADMINISTRATIVE
371-3 VIOLATION
371-4 Sec. 406.006. INSURANCE COMPANY NOTICE; ADMINISTRATIVE
371-5 VIOLATION
371-6 Sec. 406.007. TERMINATION OF COVERAGE BY EMPLOYER; NOTICE
371-7 Sec. 406.008. CANCELLATION OR NONRENEWAL OF COVERAGE BY
371-8 INSURANCE COMPANY; NOTICE
371-9 Sec. 406.009. COOPERATION WITH INSURANCE DEPARTMENT
371-10 Sec. 406.010. CLAIMS SERVICE; ADMINISTRATIVE VIOLATION
371-11 Sec. 406.011. AUSTIN AGENT; ADMINISTRATIVE VIOLATION
371-12 Sec. 406.012. ENFORCEMENT OF SUBCHAPTER
371-13 (Sections 406.013-406.030 reserved for expansion)
371-14 SUBCHAPTER B. COVERAGE REQUIREMENTS
371-15 Sec. 406.031. LIABILITY FOR COMPENSATION
371-16 Sec. 406.032. EXCEPTIONS
371-17 Sec. 406.033. COMMON-LAW DEFENSES; BURDEN OF PROOF
371-18 Sec. 406.034. EMPLOYEE ELECTION
371-19 Sec. 406.035. WAIVER OF COMPENSATION PROHIBITED
371-20 (Sections 406.036-406.050 reserved for expansion)
371-21 SUBCHAPTER C. COVERAGE THROUGH COMMERCIAL INSURANCE
371-22 Sec. 406.051. SECURITY BY COMMERCIAL INSURANCE
371-23 Sec. 406.052. EFFECT OF OTHER INSURANCE COVERAGE
371-24 Sec. 406.053. ALL STATES COVERAGE
371-25 (Sections 406.054-406.070 reserved for expansion)
371-26 SUBCHAPTER D. EXTRATERRITORIAL COVERAGE
371-27 Sec. 406.071. EXTRATERRITORIAL COVERAGE
372-1 Sec. 406.072. PRINCIPAL LOCATION
372-2 Sec. 406.073. AGREEMENT ON PRINCIPAL LOCATION; ADMINISTRATIVE
372-3 VIOLATION
372-4 Sec. 406.074. INTERJURISDICTIONAL AGREEMENTS
372-5 Sec. 406.075. EFFECT OF COMPENSATION PAID IN OTHER
372-6 JURISDICTION
372-7 (Sections 406.076-406.090 reserved for expansion)
372-8 SUBCHAPTER E. APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
372-9 Sec. 406.091. EXEMPT EMPLOYEES; VOLUNTARY COVERAGE
372-10 Sec. 406.092. ALIEN EMPLOYEES AND BENEFICIARIES
372-11 Sec. 406.093. LEGALLY INCOMPETENT EMPLOYEES
372-12 Sec. 406.094. CERTAIN PERSONS LICENSED BY TEXAS REAL ESTATE
372-13 COMMISSION
372-14 Sec. 406.095. CERTAIN PROFESSIONAL ATHLETES
372-15 Sec. 406.096. REQUIRED COVERAGE FOR CERTAIN BUILDING OR
372-16 CONSTRUCTION CONTRACTORS
372-17 (Sections 406.097-406.120 reserved for expansion)
372-18 SUBCHAPTER F. COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
372-19 Sec. 406.121. DEFINITIONS
372-20 Sec. 406.122. STATUS AS EMPLOYEE
372-21 Sec. 406.123. ELECTION TO PROVIDE COVERAGE; ADMINISTRATIVE
372-22 VIOLATION
372-23 Sec. 406.124. CAUSE OF ACTION
372-24 Sec. 406.125. RESTRICTION OF UNSAFE WORK PRACTICES
372-25 UNAFFECTED
372-26 Sec. 406.126. EXEMPTION
372-27 Sec. 406.127. EFFECT OF CERTAIN CONTRACTS OF HIRE
373-1 (Sections 406.128-406.140 reserved for expansion)
373-2 SUBCHAPTER G. COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION
373-3 WORKERS
373-4 Sec. 406.141. DEFINITIONS
373-5 Sec. 406.142. APPLICATION
373-6 Sec. 406.143. PROVISION OF WORKERS' COMPENSATION INSURANCE;
373-7 INDEPENDENT CONTRACTOR WITHOUT EMPLOYEES
373-8 Sec. 406.144. ELECTION TO PROVIDE COVERAGE; AGREEMENT
373-9 Sec. 406.145. JOINT AGREEMENT
373-10 Sec. 406.146. WRONGFUL INDUCEMENT PROHIBITED
373-11 (Sections 406.147-406.160 reserved for expansion)
373-12 SUBCHAPTER H. COVERAGE OF FARM AND RANCH EMPLOYEES
373-13 Sec. 406.161. DEFINITIONS
373-14 Sec. 406.162. SCOPE
373-15 Sec. 406.163. LIABILITY OF LABOR AGENT; JOINT AND SEVERAL
373-16 LIABILITY
373-17 Sec. 406.164. ELECTIVE COVERAGE OF EMPLOYER AND FAMILY
373-18 MEMBERS
373-19 Sec. 406.165. NOT APPLICABLE TO INDEPENDENT CONTRACTORS
373-20 CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
373-21 SUBCHAPTER A. COVERAGE ELECTION; SECURITY PROCEDURES
373-22 Sec. 406.001. DEFINITION. In this subchapter, "employer"
373-23 means a person who employs one or more employees. (V.A.C.S. Art.
373-24 8308-3.21.)
373-25 Sec. 406.002. COVERAGE GENERALLY ELECTIVE. (a) Except for
373-26 public employers and as otherwise provided by law, an employer may
373-27 elect to obtain workers' compensation insurance coverage.
374-1 (b) An employer who elects to obtain coverage is subject to
374-2 this subtitle. (V.A.C.S. Art. 8308-3.23(a) (part).)
374-3 Sec. 406.003. METHODS OF OBTAINING COVERAGE. An employer
374-4 may obtain coverage through a licensed insurance company or through
374-5 self-insurance as provided by this subtitle. (V.A.C.S. Art.
374-6 8308-3.23(a) (part).)
374-7 Sec. 406.004. EMPLOYER NOTICE TO COMMISSION; ADMINISTRATIVE
374-8 VIOLATION. (a) An employer who does not obtain workers'
374-9 compensation insurance coverage shall notify the commission in
374-10 writing, in the time and as prescribed by commission rule, that the
374-11 employer elects not to obtain coverage.
374-12 (b) The commission shall prescribe forms to be used for the
374-13 employer notification and shall require the employer to provide
374-14 reasonable information to the commission about the employer's
374-15 business.
374-16 (c) The commission may contract with the Texas Employment
374-17 Commission or the comptroller for assistance in collecting the
374-18 notification required under this section. Those agencies shall
374-19 cooperate with the commission in enforcing this section.
374-20 (d) The employer notification filing required under this
374-21 section shall be filed with the Texas Department of Insurance in
374-22 accordance with Section 406.009.
374-23 (e) An employer commits a violation if the employer fails to
374-24 comply with this section. A violation under this subsection is a
374-25 Class D administrative violation. Each day of noncompliance
374-26 constitutes a separate violation. (V.A.C.S. Art. 8308-3.22.)
374-27 Sec. 406.005. EMPLOYER NOTICE TO EMPLOYEES; ADMINISTRATIVE
375-1 VIOLATION. (a) An employer shall notify each employee as provided
375-2 by this section whether the employer has workers' compensation
375-3 insurance coverage.
375-4 (b) The employer shall notify a new employee of the
375-5 existence or absence of coverage at the time the employee is hired.
375-6 (c) Each employer shall post a notice of whether the
375-7 employer has workers' compensation insurance coverage at
375-8 conspicuous locations at the employer's place of business as
375-9 necessary to provide reasonable notice to the employees. The
375-10 commission may adopt rules relating to the form and content of the
375-11 notice. The employer shall revise the notice when the information
375-12 contained in the notice is changed.
375-13 (d) An employer who obtains coverage or whose coverage is
375-14 terminated or canceled shall notify each employee that the coverage
375-15 has been obtained, terminated, or canceled not later than the 15th
375-16 day after the date on which the coverage, or the termination or
375-17 cancellation of the coverage, takes effect.
375-18 (e) An employer commits a violation if the employer fails to
375-19 comply with this section. A violation under this subsection is a
375-20 Class D administrative violation. (V.A.C.S. Art. 8308-3.24.)
375-21 Sec. 406.006. INSURANCE COMPANY NOTICE; ADMINISTRATIVE
375-22 VIOLATION. (a) An insurance company from which an employer has
375-23 obtained workers' compensation insurance coverage shall file notice
375-24 of the coverage with the commission not later than the 10th day
375-25 after the date on which the coverage takes effect. Coverage takes
375-26 effect on the date on which a binder is issued or at a later date
375-27 and time agreed to by the parties.
376-1 (b) The notice required under this section shall be filed
376-2 with the Texas Department of Insurance in accordance with Section
376-3 406.009.
376-4 (c) An insurance company commits a violation if the company
376-5 fails to file notice with the commission as provided by this
376-6 section. A violation under this subsection is a Class C
376-7 administrative violation. Each day of noncompliance constitutes a
376-8 separate violation. (V.A.C.S. Art. 8308-3.25.)
376-9 Sec. 406.007. TERMINATION OF COVERAGE BY EMPLOYER; NOTICE.
376-10 (a) An employer who terminates workers' compensation insurance
376-11 coverage obtained under this subtitle shall file a written notice
376-12 with the commission by certified mail not later than the 10th day
376-13 after the date on which the employer notified the insurance carrier
376-14 to terminate the coverage. The notice must include a statement
376-15 certifying the date that notice was provided or will be provided to
376-16 affected employees under Section 406.005.
376-17 (b) The notice required under this section shall be filed
376-18 with the Texas Department of Insurance in accordance with Section
376-19 406.009.
376-20 (c) Termination of coverage takes effect on the later of:
376-21 (1) the 30th day after the date of filing of notice
376-22 with the commission under Subsection (a); or
376-23 (2) the cancellation date of the policy.
376-24 (d) The coverage shall be extended until the date on which
376-25 the termination of coverage takes effect, and the employer is
376-26 obligated for premiums due for that period. (V.A.C.S. Art.
376-27 8308-3.26.)
377-1 Sec. 406.008. CANCELLATION OR NONRENEWAL OF COVERAGE BY
377-2 INSURANCE COMPANY; NOTICE. (a) An insurance company that cancels
377-3 a policy of workers' compensation insurance or that does not renew
377-4 the policy by the anniversary date of the policy shall deliver
377-5 notice of the cancellation or nonrenewal by certified mail or in
377-6 person to the employer and the commission not later than:
377-7 (1) the 30th day before the date on which the
377-8 cancellation or nonrenewal takes effect; or
377-9 (2) the 10th day before the date on which the
377-10 cancellation or nonrenewal takes effect if the insurance company
377-11 cancels or does not renew because of:
377-12 (A) fraud in obtaining coverage;
377-13 (B) misrepresentation of the amount of payroll
377-14 for purposes of premium calculation;
377-15 (C) failure to pay a premium when due;
377-16 (D) an increase in the hazard for which the
377-17 employer seeks coverage that results from an act or omission of the
377-18 employer and that would produce an increase in the rate, including
377-19 an increase because of a failure to comply with:
377-20 (i) reasonable recommendations for loss
377-21 control; or
377-22 (ii) recommendations designed to reduce a
377-23 hazard under the employer's control within a reasonable period; or
377-24 (E) a determination made by the commissioner of
377-25 insurance that the continuation of the policy would place the
377-26 insurer in violation of the law or would be hazardous to the
377-27 interest of subscribers, creditors, or the general public.
378-1 (b) The notice required under this section shall be filed
378-2 with the Texas Department of Insurance in accordance with Section
378-3 406.009.
378-4 (c) Failure of the insurance company to give notice as
378-5 required by this section extends the policy until the date on which
378-6 the required notice is provided to the employer and the commission.
378-7 (V.A.C.S. Art. 8308-3.28.)
378-8 Sec. 406.009. COOPERATION WITH INSURANCE DEPARTMENT. (a)
378-9 The Texas Department of Insurance shall collect and maintain the
378-10 information required to be provided under this subchapter and shall
378-11 provide the information in the time and manner prescribed by the
378-12 commission.
378-13 (b) The Texas Department of Insurance shall monitor
378-14 compliance with the requirements of this subchapter and shall
378-15 notify the commission of possible violations in the time and manner
378-16 prescribed by the commission.
378-17 (c) The State Board of Insurance may adopt rules as
378-18 necessary to enforce this subchapter. (V.A.C.S. Art.
378-19 8308-3.27(a).)
378-20 Sec. 406.010. CLAIMS SERVICE; ADMINISTRATIVE VIOLATION. (a)
378-21 An insurance carrier shall provide claims service:
378-22 (1) through offices of the insurance carrier located
378-23 in this state; or
378-24 (2) by other resident representatives with full power
378-25 to act for the insurance carrier.
378-26 (b) Each insurance carrier shall designate persons to
378-27 provide claims service in sufficient numbers and at appropriate
379-1 locations to reasonably service policies written by the carrier.
379-2 (c) The commission by rule shall further specify the
379-3 requirements of this section.
379-4 (d) A person commits a violation if the person violates a
379-5 rule adopted under this section. A violation under this subsection
379-6 is a Class C administrative violation. Each day of noncompliance
379-7 constitutes a separate violation. (V.A.C.S. Art. 8308-3.29.)
379-8 Sec. 406.011. AUSTIN AGENT; ADMINISTRATIVE VIOLATION. (a)
379-9 The commission by rule may require an insurance carrier to
379-10 designate a person in Austin to act as the insurance carrier's
379-11 agent before the commission in Austin. Notice to the designated
379-12 agent constitutes notice to the insurance carrier.
379-13 (b) A person commits a violation if the person violates a
379-14 rule adopted under this section. A violation under this subsection
379-15 is a Class C administrative violation. Each day of noncompliance
379-16 constitutes a separate violation. (V.A.C.S. Art. 8308-3.30.)
379-17 Sec. 406.012. ENFORCEMENT OF SUBCHAPTER. The commission
379-18 shall enforce the administrative penalties established under this
379-19 subchapter in accordance with Chapter 415. (V.A.C.S.
379-20 Art. 8308-3.27(b).)
379-21 (Sections 406.013-406.030 reserved for expansion)
379-22 SUBCHAPTER B. COVERAGE REQUIREMENTS
379-23 Sec. 406.031. LIABILITY FOR COMPENSATION. (a) An insurance
379-24 carrier is liable for compensation for an employee's injury without
379-25 regard to fault or negligence if:
379-26 (1) at the time of injury, the employee is subject to
379-27 this subtitle; and
380-1 (2) the injury arises out of and in the course and
380-2 scope of employment.
380-3 (b) If an injury is an occupational disease, the employer in
380-4 whose employ the employee was last injuriously exposed to the
380-5 hazards of the disease is considered to be the employer of the
380-6 employee under this subtitle. (V.A.C.S. Art. 8308-3.01.)
380-7 Sec. 406.032. EXCEPTIONS. An insurance carrier is not
380-8 liable for compensation if:
380-9 (1) the injury:
380-10 (A) occurred while the employee was in a state
380-11 of intoxication;
380-12 (B) was caused by the employee's wilful attempt
380-13 to injure himself or to unlawfully injure another person;
380-14 (C) arose out of an act of a third person
380-15 intended to injure the employee because of a personal reason and
380-16 not directed at the employee as an employee or because of the
380-17 employment;
380-18 (D) arose out of voluntary participation in an
380-19 off-duty recreational, social, or athletic activity that did not
380-20 constitute part of the employee's work-related duties, unless the
380-21 activity is a reasonable expectancy of or is expressly or impliedly
380-22 required by the employment; or
380-23 (E) arose out of an act of God, unless the
380-24 employment exposes the employee to a greater risk of injury from an
380-25 act of God than ordinarily applies to the general public; or
380-26 (2) the employee's horseplay was a producing cause of
380-27 the injury. (V.A.C.S. Art. 8308-3.02.)
381-1 Sec. 406.033. COMMON-LAW DEFENSES; BURDEN OF PROOF. (a) In
381-2 an action against an employer who does not have workers'
381-3 compensation insurance coverage to recover damages for personal
381-4 injuries or death sustained by an employee in the course and scope
381-5 of the employment, it is not a defense that:
381-6 (1) the employee was guilty of contributory
381-7 negligence;
381-8 (2) the employee assumed the risk of injury or death;
381-9 or
381-10 (3) the injury or death was caused by the negligence
381-11 of a fellow employee.
381-12 (b) This section does not reinstate or otherwise affect the
381-13 availability of defenses at common law, including the defenses
381-14 described by Subsection (a).
381-15 (c) The employer may defend the action on the ground that
381-16 the injury was caused:
381-17 (1) by an act of the employee intended to bring about
381-18 the injury; or
381-19 (2) while the employee was in a state of intoxication.
381-20 (d) In an action described by Subsection (a) against an
381-21 employer who does not have workers' compensation insurance
381-22 coverage, the plaintiff must prove negligence of the employer or of
381-23 an agent or servant of the employer acting within the general scope
381-24 of the agent's or servant's employment. (V.A.C.S.
381-25 Arts. 8308-3.03, 8308-3.04.)
381-26 Sec. 406.034. EMPLOYEE ELECTION. (a) Except as otherwise
381-27 provided by law, unless the employee gives notice as provided by
382-1 Subsection (b), an employee of an employer waives the employee's
382-2 right of action at common law or under a statute of this state to
382-3 recover damages for personal injuries or death sustained in the
382-4 course and scope of the employment.
382-5 (b) An employee who desires to retain the common-law right
382-6 of action to recover damages for personal injuries or death shall
382-7 notify the employer in writing that the employee waives coverage
382-8 under this subtitle and retains all rights of action under common
382-9 law. The employee must notify the employer not later than the
382-10 fifth day after the date on which the employee:
382-11 (1) begins the employment; or
382-12 (2) receives written notice from the employer that the
382-13 employer has obtained workers' compensation insurance coverage if
382-14 the employer is not a covered employer at the time of the
382-15 employment but later obtains the coverage.
382-16 (c) An employer may not require an employee to retain
382-17 common-law rights under this section as a condition of employment.
382-18 (d) An employee who elects to retain the right of action or
382-19 a legal beneficiary of that employee may bring a cause of action
382-20 for damages for injuries sustained in the course and scope of the
382-21 employment under common law or under a statute of this state.
382-22 Notwithstanding Section 406.033, the cause of action is subject to
382-23 all defenses available under common law and the statutes of this
382-24 state. (V.A.C.S. Art. 8308-3.08.)
382-25 Sec. 406.035. WAIVER OF COMPENSATION PROHIBITED. Except as
382-26 provided by Section 406.034, an agreement by an employee to waive
382-27 the employee's right to compensation is void. (V.A.C.S.
383-1 Art. 8308-3.09.)
383-2 (Sections 406.036-406.050 reserved for expansion)
383-3 SUBCHAPTER C. COVERAGE THROUGH COMMERCIAL INSURANCE
383-4 Sec. 406.051. SECURITY BY COMMERCIAL INSURANCE. (a) An
383-5 insurance company may contract to secure an employer's liability
383-6 and obligations and to pay compensation by issuing a workers'
383-7 compensation insurance policy under this subchapter.
383-8 (b) The contract for coverage must be written on a policy
383-9 and endorsements approved by the Texas Department of Insurance.
383-10 (c) The employer may not transfer:
383-11 (1) the obligation to accept an injury report under
383-12 Section 409.001;
383-13 (2) the obligation to maintain records of injuries
383-14 under Section 409.006;
383-15 (3) the obligation to report injuries to the
383-16 commission under Section 409.005;
383-17 (4) liability for a violation of Section 415.006 or
383-18 415.008 or of Chapter 451; or
383-19 (5) the obligation to comply with a commission order.
383-20 (V.A.C.S. Art. 8308-3.41.)
383-21 Sec. 406.052. EFFECT OF OTHER INSURANCE COVERAGE. (a) A
383-22 contract entered into to indemnify an employer from loss or damage
383-23 resulting from an injury sustained by an employee that is
383-24 compensable under this subtitle is void unless the contract also
383-25 covers liability for payment of compensation under this subtitle.
383-26 (b) This section does not prohibit an employer who is not
383-27 required to have workers' compensation insurance coverage and who
384-1 has elected not to obtain workers' compensation insurance coverage
384-2 from obtaining insurance coverage on the employer's employees if
384-3 the insurance is not represented to any person as providing
384-4 workers' compensation insurance coverage authorized under this
384-5 subtitle. (V.A.C.S. Art. 8308-3.42.)
384-6 Sec. 406.053. ALL STATES COVERAGE. The Texas Department of
384-7 Insurance shall coordinate with the appropriate agencies of other
384-8 states to:
384-9 (1) share information regarding an employer who
384-10 obtains all states coverage; and
384-11 (2) ensure that the department has knowledge of an
384-12 employer who obtains all states coverage in another state but fails
384-13 to file notice with the department. (V.A.C.S. Art. 8308-3.43.)
384-14 (Sections 406.054-406.070 reserved for expansion)
384-15 SUBCHAPTER D. EXTRATERRITORIAL COVERAGE
384-16 Sec. 406.071. EXTRATERRITORIAL COVERAGE. (a) An employee
384-17 who is injured while working in a foreign jurisdiction or the
384-18 employee's legal beneficiary is entitled to all rights and remedies
384-19 under this subtitle if:
384-20 (1) the injury would be compensable if it had occurred
384-21 in this state; and
384-22 (2) the employee has significant contacts with this
384-23 state or the employment is principally located in this state.
384-24 (b) An employee has significant contacts with this state if
384-25 the employee was hired or recruited in this state and the employee:
384-26 (1) was injured not later than one year after the date
384-27 of hire; or
385-1 (2) has worked in this state for at least 10 working
385-2 days during the 12 months preceding the date of injury. (V.A.C.S.
385-3 Arts. 8308-3.14, 8308-3.15.)
385-4 Sec. 406.072. PRINCIPAL LOCATION. The principal location of
385-5 a person's employment is where:
385-6 (1) the employer has a place of business at or from
385-7 which the employee regularly works; or
385-8 (2) the employee resides and spends a substantial part
385-9 of the employee's working time. (V.A.C.S. Art. 8308-3.16.)
385-10 Sec. 406.073. AGREEMENT ON PRINCIPAL LOCATION;
385-11 ADMINISTRATIVE VIOLATION. (a) An employee whose work requires
385-12 regular travel between this state and at least one other
385-13 jurisdiction may agree in writing with the employer on the
385-14 principal location of the employment.
385-15 (b) The employer shall file the agreement with the executive
385-16 director on request.
385-17 (c) A person commits a violation if the person violates
385-18 Subsection (b). A violation under this subsection is a Class D
385-19 administrative violation. (V.A.C.S. Art. 8308-3.17.)
385-20 Sec. 406.074. INTERJURISDICTIONAL AGREEMENTS. (a) The
385-21 executive director may enter into an agreement with an appropriate
385-22 agency of another jurisdiction with respect to:
385-23 (1) conflicts of jurisdiction;
385-24 (2) assumption of jurisdiction in a case in which the
385-25 contract of employment arises in one state and the injury is
385-26 incurred in another;
385-27 (3) procedures for proceeding against a foreign
386-1 employer who fails to comply with this subtitle; and
386-2 (4) procedures for the appropriate agency to use to
386-3 proceed against an employer of this state who fails to comply with
386-4 the workers' compensation laws of the other jurisdiction.
386-5 (b) An executed agreement that has been adopted as a rule by
386-6 the commission binds all subject employers and employees.
386-7 (c) In this section, "appropriate agency" means an agency of
386-8 another jurisdiction that administers the workers' compensation
386-9 laws of that jurisdiction. (V.A.C.S. Art. 8308-3.18.)
386-10 Sec. 406.075. EFFECT OF COMPENSATION PAID IN OTHER
386-11 JURISDICTION. (a) An injured employee who elects to pursue the
386-12 employee's remedy under the workers' compensation laws of another
386-13 jurisdiction and who recovers compensation under those laws may not
386-14 recover under this subtitle.
386-15 (b) The amount of benefits accepted under the laws of the
386-16 other jurisdiction without an election under Subsection (a) shall
386-17 be credited against the benefits that the employee would have
386-18 received had the claim been made under this subtitle. (V.A.C.S.
386-19 Art. 8308-3.19.)
386-20 (Sections 406.076-406.090 reserved for expansion)
386-21 SUBCHAPTER E. APPLICATION OF COVERAGE TO CERTAIN EMPLOYEES
386-22 Sec. 406.091. EXEMPT EMPLOYEES; VOLUNTARY COVERAGE. (a)
386-23 The following employees are not subject to this subtitle:
386-24 (1) a person employed as a domestic worker or a casual
386-25 worker engaged in employment incidental to a personal residence;
386-26 (2) a person covered by a method of compensation
386-27 established under federal law; or
387-1 (3) except as provided by Subchapter H, a farm or
387-2 ranch employee.
387-3 (b) An employer may elect to obtain workers' compensation
387-4 insurance coverage for an employee or classification of employees
387-5 exempted from coverage under Subsection (a)(1) or (a)(3).
387-6 Obtaining that coverage constitutes acceptance by the employer of
387-7 the rights and responsibilities imposed under this subtitle as of
387-8 the effective date of the coverage for as long as the coverage
387-9 remains in effect.
387-10 (c) An employer who does not obtain coverage for exempt
387-11 employees is not deprived of the common-law defenses described by
387-12 Section 406.033, but this section does not reinstate or otherwise
387-13 affect the availability of those or other defenses at common law.
387-14 (V.A.C.S. Arts. 8308-3.10, 8308-3.11.)
387-15 Sec. 406.092. ALIEN EMPLOYEES AND BENEFICIARIES. (a) A
387-16 resident or nonresident alien employee or legal beneficiary is
387-17 entitled to compensation under this subtitle.
387-18 (b) A nonresident alien claimant, at the election of the
387-19 claimant, may be represented officially by a consular officer of
387-20 the country of which the claimant is a citizen. That officer may
387-21 receive benefit payments for distribution to the claimant. The
387-22 receipt of the payments constitutes full discharge of the insurance
387-23 carrier's liability for those payments. (V.A.C.S. Art.
387-24 8308-3.12.)
387-25 Sec. 406.093. LEGALLY INCOMPETENT EMPLOYEES. (a) The
387-26 guardian of an injured employee who is a minor or is otherwise
387-27 legally incompetent may exercise on the employee's behalf the
388-1 rights and privileges granted to the employee under this subtitle.
388-2 (b) The commission by rule shall adopt procedures relating
388-3 to the method of payment of benefits to legally incompetent
388-4 employees. (V.A.C.S. Art. 8308-3.13.)
388-5 Sec. 406.094. CERTAIN PERSONS LICENSED BY TEXAS REAL ESTATE
388-6 COMMISSION. (a) An employer who elects to provide workers'
388-7 compensation insurance coverage may include in the coverage a real
388-8 estate salesman or broker who is:
388-9 (1) licensed under The Real Estate License Act
388-10 (Article 6573a, Vernon's Texas Civil Statutes); and
388-11 (2) compensated solely by commissions.
388-12 (b) If coverage is elected by the employer, the insurance
388-13 policy must specifically name the salesman or broker. The coverage
388-14 continues while the policy is in effect and the named salesman or
388-15 broker is endorsed on the policy. (V.A.C.S. Art. 8308-3.055.)
388-16 Sec. 406.095. CERTAIN PROFESSIONAL ATHLETES. (a) A
388-17 professional athlete employed under a contract for hire or a
388-18 collective bargaining agreement who is entitled to benefits for
388-19 medical care and weekly benefits that are equal to or greater than
388-20 the benefits provided under this subtitle may not receive benefits
388-21 under this subtitle and the equivalent benefits under the contract
388-22 or collective bargaining agreement. An athlete covered by such a
388-23 contract or agreement who sustains an injury in the course and
388-24 scope of the athlete's employment shall elect to receive either the
388-25 benefits available under this subtitle or the benefits under the
388-26 contract or agreement.
388-27 (b) The commission by rule shall establish the procedures
389-1 and requirements for an election under this section.
389-2 (c) In this section, "professional athlete" means a person
389-3 employed as a professional athlete by a franchise of:
389-4 (1) the National Football League;
389-5 (2) the National Basketball Association;
389-6 (3) the American League of Professional Baseball
389-7 Clubs; or
389-8 (4) the National League of Professional Baseball
389-9 Clubs. (V.A.C.S. Art. 8308-3.075.)
389-10 Sec. 406.096. REQUIRED COVERAGE FOR CERTAIN BUILDING OR
389-11 CONSTRUCTION CONTRACTORS. (a) A governmental entity that enters
389-12 into a building or construction contract shall require the
389-13 contractor to certify in writing that the contractor provides
389-14 workers' compensation insurance coverage for each employee of the
389-15 contractor employed on the public project.
389-16 (b) Each subcontractor on the public project shall provide
389-17 such a certificate relating to coverage of the subcontractor's
389-18 employees to the general contractor, who shall provide the
389-19 subcontractor's certificate to the governmental entity.
389-20 (c) A contractor who has a contract that requires workers'
389-21 compensation insurance coverage may provide the coverage through a
389-22 group plan or other method satisfactory to the governing body of
389-23 the governmental entity.
389-24 (d) The employment of a maintenance employee by an employer
389-25 who is not engaging in building or construction as the employer's
389-26 primary business does not constitute engaging in building or
389-27 construction.
390-1 (e) In this section:
390-2 (1) "Building or construction" includes:
390-3 (A) erecting or preparing to erect a structure,
390-4 including a building, bridge, roadway, public utility facility, or
390-5 related appurtenance;
390-6 (B) remodeling, extending, repairing, or
390-7 demolishing a structure; or
390-8 (C) otherwise improving real property or an
390-9 appurtenance to real property through similar activities.
390-10 (2) "Governmental entity" means this state or a
390-11 political subdivision of this state. The term includes a
390-12 municipality. (V.A.C.S. Arts. 8308-3.23(c), (d).)
390-13 (Sections 406.097-406.120 reserved for expansion)
390-14 SUBCHAPTER F. COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS
390-15 Sec. 406.121. DEFINITIONS. In this subchapter:
390-16 (1) "General contractor" means a person who undertakes
390-17 to procure the performance of work or a service, either separately
390-18 or through the use of subcontractors. The term includes a
390-19 "principal contractor," "original contractor," "prime contractor,"
390-20 or other analogous term. The term does not include a motor carrier
390-21 that provides a transportation service through the use of an owner
390-22 operator.
390-23 (2) "Independent contractor" means a person who
390-24 contracts to perform work or provide a service for the benefit of
390-25 another and who ordinarily:
390-26 (A) acts as the employer of any employee of the
390-27 contractor by paying wages, directing activities, and performing
391-1 other similar functions characteristic of an employer-employee
391-2 relationship;
391-3 (B) is free to determine the manner in which the
391-4 work or service is performed, including the hours of labor of or
391-5 method of payment to any employee;
391-6 (C) is required to furnish or to have employees,
391-7 if any, furnish necessary tools or materials to perform the work or
391-8 service; and
391-9 (D) possesses the skills required for the
391-10 specific work or service.
391-11 (3) "Motor carrier" means a person who operates a
391-12 motor vehicle over a public highway in this state to provide a
391-13 transportation service or who contracts to provide that service.
391-14 (4) "Owner operator" means a person who provides
391-15 transportation services under contract for a motor carrier. An
391-16 owner operator is an independent contractor.
391-17 (5) "Subcontractor" means a person who contracts with
391-18 a general contractor to perform all or part of the work or services
391-19 that the general contractor has undertaken to perform.
391-20 (6) "Transportation service" means providing, under
391-21 contract, a motor vehicle with a driver to transport passengers or
391-22 property. (V.A.C.S. Art. 8308-3.05(a).)
391-23 Sec. 406.122. STATUS AS EMPLOYEE. (a) For purposes of
391-24 workers' compensation insurance coverage, a person who performs
391-25 work or provides a service for a general contractor or motor
391-26 carrier who is an employer under this subtitle is an employee of
391-27 that general contractor or motor carrier, unless the person is:
392-1 (1) operating as an independent contractor; or
392-2 (2) hired to perform the work or provide the service
392-3 as an employee of a person operating as an independent contractor.
392-4 (b) A subcontractor and the subcontractor's employees are
392-5 not employees of the general contractor for purposes of this
392-6 subtitle if the subcontractor:
392-7 (1) is operating as an independent contractor; and
392-8 (2) has entered into a written agreement with the
392-9 general contractor that evidences a relationship in which the
392-10 subcontractor assumes the responsibilities of an employer for the
392-11 performance of work.
392-12 (c) An owner operator and the owner operator's employees are
392-13 not employees of a motor carrier for the purposes of this subtitle
392-14 if the owner operator has entered into a written agreement with the
392-15 motor carrier that evidences a relationship in which the owner
392-16 operator assumes the responsibilities of an employer for the
392-17 performance of work. (V.A.C.S. Arts. 8308-3.05(b), (c), (d).)
392-18 Sec. 406.123. ELECTION TO PROVIDE COVERAGE; ADMINISTRATIVE
392-19 VIOLATION. (a) A general contractor and a subcontractor may enter
392-20 into a written agreement under which the general contractor
392-21 provides workers' compensation insurance coverage to the
392-22 subcontractor and the employees of the subcontractor.
392-23 (b) If a general contractor has workers' compensation
392-24 insurance to protect the general contractor's employees and if, in
392-25 the course and scope of the general contractor's business, the
392-26 general contractor enters into a contract with a subcontractor who
392-27 does not have employees, the general contractor shall be treated as
393-1 the employer of the subcontractor for the purposes of this subtitle
393-2 and may enter into an agreement for the deduction of premiums paid
393-3 in accordance with Subsection (d).
393-4 (c) A motor carrier and an owner operator may enter into a
393-5 written agreement under which the motor carrier provides workers'
393-6 compensation insurance coverage to the owner operator and the
393-7 employees of the owner operator.
393-8 (d) If a general contractor or a motor carrier elects to
393-9 provide coverage under Subsection (a) or (c), then, notwithstanding
393-10 Section 415.006, the actual premiums, based on payroll, that are
393-11 paid or incurred by the general contractor or motor carrier for the
393-12 coverage may be deducted from the contract price or other amount
393-13 owed to the subcontractor or owner operator by the general
393-14 contractor or motor carrier.
393-15 (e) An agreement under this section makes the general
393-16 contractor the employer of the subcontractor and the
393-17 subcontractor's employees only for purposes of the workers'
393-18 compensation laws of this state.
393-19 (f) A general contractor shall file a copy of an agreement
393-20 entered into under this section with the general contractor's
393-21 workers' compensation insurance carrier not later than the 10th day
393-22 after the date on which the contract is executed. If the general
393-23 contractor is a certified self-insurer, the copy must be filed with
393-24 the division of self-insurance regulation.
393-25 (g) A general contractor who enters into an agreement with a
393-26 subcontractor under this section commits a violation if the
393-27 contractor fails to file a copy of the agreement as required by
394-1 Subsection (f). A violation under this subsection is a Class B
394-2 administrative violation. (V.A.C.S. Arts. 8308-3.05(e), (f), (g),
394-3 (l).)
394-4 Sec. 406.124. CAUSE OF ACTION. If a person who has workers'
394-5 compensation insurance coverage subcontracts all or part of the
394-6 work to be performed by the person to a subcontractor with the
394-7 intent to avoid liability as an employer under this subtitle, an
394-8 employee of the subcontractor who sustains a compensable injury in
394-9 the course and scope of the employment shall be treated as an
394-10 employee of the person for purposes of workers' compensation and
394-11 shall have a separate right of action against the subcontractor.
394-12 The right of action against the subcontractor does not affect the
394-13 employee's right to compensation under this subtitle. (V.A.C.S.
394-14 Art. 8308-3.05(h).)
394-15 Sec. 406.125. RESTRICTION OF UNSAFE WORK PRACTICES
394-16 UNAFFECTED. This subchapter does not prevent a general contractor
394-17 from directing a subcontractor or the employees of a subcontractor
394-18 to stop or change an unsafe work practice. (V.A.C.S. Art.
394-19 8308-3.05(i).)
394-20 Sec. 406.126. EXEMPTION. This subchapter does not apply to
394-21 farm or ranch employees. (V.A.C.S. Art. 8308-3.05(k).)
394-22 Sec. 406.127. EFFECT OF CERTAIN CONTRACTS OF HIRE. An
394-23 insurance company may not demand an insurance premium from an
394-24 employer for coverage of an independent contractor or an employee
394-25 of an independent contractor if the independent contractor is under
394-26 a contract of hire with the employer. (V.A.C.S. Art.
394-27 8308-3.05(j).)
395-1 (Sections 406.128-406.140 reserved for expansion)
395-2 SUBCHAPTER G. COVERAGE OF CERTAIN BUILDING AND
395-3 CONSTRUCTION WORKERS
395-4 Sec. 406.141. DEFINITIONS. In this subchapter:
395-5 (1) "Hiring contractor" means a general contractor or
395-6 subcontractor who, in the course of regular business, subcontracts
395-7 all or part of the work to be performed to other persons.
395-8 (2) "Independent contractor" means a person who
395-9 contracts to perform work or provide a service for the benefit of
395-10 another and who:
395-11 (A) is paid by the job and not by the hour or
395-12 some other time-measured basis;
395-13 (B) may hire as many helpers as desired and may
395-14 determine the pay of each helper; and
395-15 (C) may, while under contract to the hiring
395-16 contractor, work for other contractors or may send helpers to work
395-17 for other contractors. (V.A.C.S. Art. 8308-3.06(b).)
395-18 Sec. 406.142. APPLICATION. This subchapter applies only to
395-19 contractors and workers preparing to construct, constructing,
395-20 altering, repairing, extending, or demolishing:
395-21 (1) a residential structure;
395-22 (2) a commercial structure that does not exceed three
395-23 stories in height or 20,000 square feet in area; or
395-24 (3) an appurtenance to a structure described by
395-25 Subdivision (1) or (2). (V.A.C.S. Art. 8308-3.06(a).)
395-26 Sec. 406.143. PROVISION OF WORKERS' COMPENSATION INSURANCE;
395-27 INDEPENDENT CONTRACTOR WITHOUT EMPLOYEES. (a) An independent
396-1 contractor is responsible for any workers' compensation insurance
396-2 coverage provided to an employee of the independent contractor
396-3 unless the independent contractor and hiring contractor enter into
396-4 an agreement under Section 406.144.
396-5 (b) An independent contractor without employees shall be
396-6 treated in the same manner as an independent contractor with
396-7 employees and is not entitled to workers' compensation insurance
396-8 coverage unless the independent contractor and hiring contractor
396-9 enter into an agreement under Section 406.144. (V.A.C.S. Arts.
396-10 8308-3.06(c) (part), (e) (part).)
396-11 Sec. 406.144. ELECTION TO PROVIDE COVERAGE; AGREEMENT. (a)
396-12 Except as provided by this section, a hiring contractor is not
396-13 responsible for providing workers' compensation insurance coverage
396-14 for an independent contractor or the independent contractor's
396-15 employee, helper, or subcontractor. An independent contractor and
396-16 a hiring contractor may enter into a written agreement under which
396-17 the independent contractor agrees that the hiring contractor may
396-18 withhold the cost of workers' compensation insurance coverage from
396-19 the contract price and that, for the purpose of providing workers'
396-20 compensation insurance, the hiring contractor is the employer of
396-21 the independent contractor and the independent contractor's
396-22 employees.
396-23 (b) A hiring contractor and independent contractor may enter
396-24 into an agreement under Subsection (a) even if the independent
396-25 contractor does not have an employee.
396-26 (c) An agreement under this section shall be filed with the
396-27 commission either by personal delivery or by registered or
397-1 certified mail and is considered filed on receipt by the
397-2 commission.
397-3 (d) The hiring contractor shall send a copy of an agreement
397-4 under this section to the hiring contractor's insurer on filing of
397-5 the agreement with the commission.
397-6 (e) An agreement under this section makes the hiring
397-7 contractor the employer of the independent contractor and the
397-8 independent contractor's employees only for the purposes of the
397-9 workers' compensation laws of this state.
397-10 (f) The deduction of the cost of the workers' compensation
397-11 insurance coverage from the independent contractor's contract price
397-12 is permitted notwithstanding Section 415.006. (V.A.C.S. Arts.
397-13 8308-3.06(c) (part), (d).)
397-14 Sec. 406.145. JOINT AGREEMENT. (a) A hiring contractor and
397-15 an independent subcontractor may make a joint agreement declaring
397-16 that the subcontractor is an independent contractor as defined in
397-17 Section 406.141(2) and that the subcontractor is not the employee
397-18 of the hiring contractor. If the joint agreement is signed by both
397-19 the hiring contractor and the subcontractor and filed with the
397-20 commission, the subcontractor, as a matter of law, is an
397-21 independent contractor and is not entitled to workers' compensation
397-22 insurance coverage through the hiring contractor unless an
397-23 agreement is entered into under Section 406.144 to provide workers'
397-24 compensation insurance coverage. The commission shall prescribe
397-25 forms for the joint agreement.
397-26 (b) A joint agreement shall be delivered to the commission
397-27 by personal delivery or registered or certified mail and is
398-1 considered filed on receipt by the commission.
398-2 (c) The hiring contractor shall send a copy of a joint
398-3 agreement signed under this section to the hiring contractor's
398-4 insurer on filing of the joint agreement with the commission.
398-5 (d) The commission shall maintain a system for accepting and
398-6 maintaining the joint agreements.
398-7 (e) A joint agreement signed under this section applies to
398-8 each hiring agreement between the hiring contractor and the
398-9 independent contractor until the first anniversary of its filing
398-10 date, unless a subsequent hiring agreement expressly states that
398-11 the joint agreement does not apply.
398-12 (f) If a subsequent hiring agreement is made to which the
398-13 joint agreement does not apply, the hiring contractor and
398-14 independent contractor shall notify the commission and the hiring
398-15 contractor's insurer in writing.
398-16 (g) If a hiring contractor and an independent contractor
398-17 have filed a joint agreement under this section, an insurance
398-18 company may not require the payment of an insurance premium by a
398-19 hiring contractor for coverage of an independent contractor or an
398-20 independent contractor's employee, helper, or subcontractor other
398-21 than under an agreement entered into in compliance with Section
398-22 406.144. (V.A.C.S. Arts. 8308-3.06(e) (part), (f), (h).)
398-23 Sec. 406.146. WRONGFUL INDUCEMENT PROHIBITED. (a) A hiring
398-24 contractor may not:
398-25 (1) wrongfully induce an employee to enter into a
398-26 joint agreement under Section 406.145 stating that the employee is
398-27 an independent contractor; or
399-1 (2) exert controls over an independent contractor or
399-2 an employee of an independent contractor sufficient to make that
399-3 person an employee under common-law tests.
399-4 (b) A hiring contractor does not exert employer-like
399-5 controls over an independent contractor or an independent
399-6 contractor's employee solely because of:
399-7 (1) controlling the hours of labor, if that control is
399-8 exercised only to:
399-9 (A) establish the deadline for the completion of
399-10 the work called for by the contract;
399-11 (B) schedule work to occur in a logical sequence
399-12 and to avoid delays or interference with the work of other
399-13 contractors; or
399-14 (C) schedule work to avoid disturbing neighbors
399-15 during night or early morning hours or at other times when the
399-16 independent contractor's activities would unreasonably disturb
399-17 activities in the neighborhood; or
399-18 (2) stopping or directing work solely to prevent or
399-19 correct an unsafe work practice or condition or to control work to
399-20 ensure that the end product is in compliance with the contracted
399-21 for result. (V.A.C.S. Art. 8308-3.06(g).)
399-22 (Sections 406.147-406.160 reserved for expansion)
399-23 SUBCHAPTER H. COVERAGE OF FARM AND RANCH EMPLOYEES
399-24 Sec. 406.161. DEFINITIONS. In this subchapter:
399-25 (1) "Agricultural labor" means the planting,
399-26 cultivating, or harvesting of an agricultural or horticultural
399-27 commodity in its unmanufactured state.
400-1 (2) "Family" means persons related within the third
400-2 degree by consanguinity or affinity.
400-3 (3) "Labor agent" means a person who:
400-4 (A) is a farm labor contractor for purposes of
400-5 the Migrant and Seasonal Agricultural Worker Protection Act (29
400-6 U.S.C. Section 1801 et seq.); or
400-7 (B) otherwise recruits, solicits, hires,
400-8 employs, furnishes, or transports migrant or seasonal agricultural
400-9 workers who work for the benefit of a third party.
400-10 (4) "Migrant worker" means an individual who is:
400-11 (A) employed in agricultural labor of a seasonal
400-12 or temporary nature; and
400-13 (B) required to be absent overnight from the
400-14 worker's permanent place of residence.
400-15 (5) "Seasonal worker" means an individual who is:
400-16 (A) employed in agricultural or ranch labor of a
400-17 seasonal or temporary nature; and
400-18 (B) not required to be absent overnight from the
400-19 worker's permanent place of residence.
400-20 (6) "Truck farm" means a farm on which fruits, garden
400-21 vegetables for human consumption, potatoes, sugar beets, or
400-22 vegetable seeds are produced for market. The term includes a farm
400-23 primarily devoted to one of those crops that also has incidental
400-24 acreage of other crops. (V.A.C.S. Art. 8308-3.07(i) (part).)
400-25 Sec. 406.162. SCOPE. (a) This subtitle applies to an
400-26 action to recover damages for personal injuries or death sustained
400-27 by a farm or ranch employee who is:
401-1 (1) a migrant worker;
401-2 (2) a seasonal worker:
401-3 (A) employed on a truck farm, orchard, or
401-4 vineyard;
401-5 (B) employed by a person with a gross annual
401-6 payroll for the preceding year in an amount not less than the
401-7 greater of the required payroll for the year preceding that year,
401-8 adjusted for inflation, or $25,000; or
401-9 (C) working for a farmer, ranch operator, or
401-10 labor agent who employs a migrant worker and doing the same work at
401-11 the same time and location as the migrant worker; or
401-12 (3) an employee, other than a migrant or seasonal
401-13 worker:
401-14 (A) for years before 1991, employed by a person
401-15 with a gross annual payroll for the preceding year of at least
401-16 $50,000; and
401-17 (B) for 1991 and subsequent years, employed by a
401-18 person:
401-19 (i) with a gross annual payroll in an
401-20 amount required for coverage of seasonal workers under Subdivision
401-21 (2)(B); or
401-22 (ii) who employs three or more farm or
401-23 ranch employees other than migrant or seasonal workers.
401-24 (b) The comptroller shall prepare a consumer price index for
401-25 this state and shall certify the applicable index factor to the
401-26 commission before October 1 of each year. The commission shall
401-27 adjust the gross annual payroll requirement under Subsection
402-1 (a)(2)(B) accordingly.
402-2 (c) For the purposes of this section, the gross annual
402-3 payroll of a person includes an amount paid by the person to a
402-4 labor agent for the agent's services and for the services of
402-5 migrant or seasonal workers but does not include wages paid to:
402-6 (1) the person or a member of the person's family, if
402-7 the person is a sole proprietor;
402-8 (2) a partner in a partnership or a member of the
402-9 partner's family; or
402-10 (3) a shareholder of a corporation in which all
402-11 shareholders are family members or a member of the shareholder's
402-12 family.
402-13 (d) This subchapter does not affect the application or
402-14 interpretation of this subtitle as it relates to persons engaged in
402-15 activities determined before January 1, 1985, not to be farm or
402-16 ranch labor. (V.A.C.S. Arts. 8308-3.07(a), (b), (c), (d), (j).)
402-17 Sec. 406.163. LIABILITY OF LABOR AGENT; JOINT AND SEVERAL
402-18 LIABILITY. (a) A labor agent who furnishes a migrant or seasonal
402-19 worker is liable under this subtitle as if the labor agent were the
402-20 employer of the worker, without regard to the right of control or
402-21 other factors used to determine an employer-employee relationship.
402-22 (b) If the labor agent does not have workers' compensation
402-23 insurance coverage, the person with whom the labor agent contracts
402-24 for the services of the migrant or seasonal worker is jointly and
402-25 severally liable with the labor agent in an action to recover
402-26 damages for personal injuries or death suffered by the migrant or
402-27 seasonal worker as provided by this subtitle, and, for that
403-1 purpose, the migrant or seasonal worker is considered the employee
403-2 of the person with whom the labor agent contracts and that person
403-3 may obtain workers' compensation insurance coverage for that worker
403-4 as provided by this subtitle. If a migrant or seasonal worker is
403-5 covered by workers' compensation insurance, the person with whom
403-6 the labor agent contracts is not liable in a separate action for
403-7 injury or death except to the extent provided by this subtitle.
403-8 (c) A labor agent shall notify each person with whom the
403-9 agent contracts of whether the agent has workers' compensation
403-10 insurance coverage. If the agent does have workers' compensation
403-11 insurance coverage, the agent shall present evidence of the
403-12 coverage to each person with whom the agent contracts. (V.A.C.S.
403-13 Arts. 8308-3.07(e), (f), (g).)
403-14 Sec. 406.164. ELECTIVE COVERAGE OF EMPLOYER AND FAMILY
403-15 MEMBERS. (a) A person who purchases a workers' compensation
403-16 insurance policy covering farm or ranch employees may cover the
403-17 person, a partner, a corporate officer, or a family member in that
403-18 policy. The insurance policy must specifically name the individual
403-19 to be covered.
403-20 (b) The elective coverage continues while the policy is in
403-21 effect and the named individual is endorsed on the policy.
403-22 (c) A member of an employer's family is not covered under
403-23 the policy unless an election for that coverage is made under this
403-24 section. (V.A.C.S. Art. 8308-3.07(h).)
403-25 Sec. 406.165. NOT APPLICABLE TO INDEPENDENT CONTRACTORS.
403-26 (a) A farm or ranch employee who performs work or provides a
403-27 service for a farm or ranch employer subject to this subchapter is
404-1 an employee of that employer unless the employee is hired to
404-2 perform the work or provide the service as an employee of an
404-3 independent contractor.
404-4 (b) In this section, "independent contractor" means a
404-5 person, other than a labor agent, who contracts with a farm or
404-6 ranch employer to perform work or provide a service for the benefit
404-7 of the employer and who ordinarily:
404-8 (1) acts as the employer of the employee by paying
404-9 wages, directing activities, and performing other similar functions
404-10 characteristic of an employer-employee relationship;
404-11 (2) is free to determine the manner in which the work
404-12 or service is performed, including the hours of labor or the method
404-13 of payment;
404-14 (3) is required to furnish necessary tools or
404-15 materials to perform the work or service; and
404-16 (4) possesses skills required for the specific work or
404-17 service. (V.A.C.S. Art. 8308-3.07(k).)
404-18 CHAPTER 407. SELF-INSURANCE REGULATION
404-19 SUBCHAPTER A. GENERAL PROVISIONS
404-20 Sec. 407.001. DEFINITIONS
404-21 (Sections 407.002-407.020 reserved for expansion)
404-22 SUBCHAPTER B. DIVISION OF SELF-INSURANCE REGULATION
404-23 Sec. 407.021. DIVISION
404-24 Sec. 407.022. DIRECTOR
404-25 Sec. 407.023. EXCLUSIVE POWERS AND DUTIES OF COMMISSION
404-26 Sec. 407.024. CLAIM OR SUIT
404-27 (Sections 407.025-407.040 reserved for expansion)
405-1 SUBCHAPTER C. CERTIFICATE OF AUTHORITY TO SELF-INSURE
405-2 Sec. 407.041. APPLICATION
405-3 Sec. 407.042. ISSUANCE OF CERTIFICATE
405-4 Sec. 407.043. PROCEDURES ON DENIAL OF APPLICATION
405-5 Sec. 407.044. TERM OF CERTIFICATE; RENEWAL
405-6 Sec. 407.045. WITHDRAWAL FROM SELF-INSURANCE
405-7 Sec. 407.046. REVOCATION OF CERTIFICATE OF AUTHORITY
405-8 Sec. 407.047. EFFECT OF REVOCATION
405-9 (Sections 407.048-407.060 reserved for expansion)
405-10 SUBCHAPTER D. REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
405-11 Sec. 407.061. GENERAL REQUIREMENTS
405-12 Sec. 407.062. FINANCIAL STRENGTH AND LIQUIDITY REQUIREMENTS
405-13 Sec. 407.063. PREMIUM REQUIREMENTS
405-14 Sec. 407.064. GENERAL SECURITY REQUIREMENTS
405-15 Sec. 407.065. SPECIFIC SECURITY REQUIREMENTS
405-16 Sec. 407.066. EFFECT OF DISPUTE
405-17 Sec. 407.067. EXCESS INSURANCE; REINSURANCE; ADMINISTRATIVE
405-18 VIOLATION
405-19 Sec. 407.068. GUARANTEE BY PARENT ORGANIZATION
405-20 (Sections 407.069-407.080 reserved for expansion)
405-21 SUBCHAPTER E. POWERS AND DUTIES OF CERTIFIED SELF-INSURER
405-22 Sec. 407.081. ANNUAL REPORT
405-23 Sec. 407.082. EXAMINATION OF RECORDS; ADMINISTRATIVE
405-24 VIOLATION
405-25 Sec. 407.083. PAYMENT OF INSURANCE AGENT'S COMMISSION
405-26 (Sections 407.084-407.100 reserved for expansion)
405-27 SUBCHAPTER F. FINANCING OF SELF-INSURANCE PROGRAM
406-1 Sec. 407.101. FUND
406-2 Sec. 407.102. REGULATORY FEE
406-3 Sec. 407.103. SELF-INSURER MAINTENANCE TAX; EFFECT ON GENERAL
406-4 MAINTENANCE TAX
406-5 Sec. 407.104. COLLECTION OF TAXES AND FEES; ADMINISTRATIVE
406-6 VIOLATION
406-7 (Sections 407.105-407.120 reserved for expansion)
406-8 SUBCHAPTER G. TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
406-9 Sec. 407.121. GUARANTY ASSOCIATION
406-10 Sec. 407.122. BOARD OF DIRECTORS
406-11 Sec. 407.123. BOARD RULES
406-12 Sec. 407.124. IMPAIRED EMPLOYER; ASSESSMENTS
406-13 Sec. 407.125. PAYMENT OF ASSESSMENTS
406-14 Sec. 407.126. TRUST FUND; FEE
406-15 Sec. 407.127. PAYMENT OF BENEFITS THROUGH ASSOCIATION
406-16 Sec. 407.128. POSSESSION OF SECURITY BY ASSOCIATION
406-17 Sec. 407.129. RELEASE OF CLAIM INFORMATION TO ASSOCIATION
406-18 Sec. 407.130. ASSOCIATION AS PARTY IN INTEREST
406-19 Sec. 407.131. PREFERENCE
406-20 Sec. 407.132. SPECIAL FUND
406-21 Sec. 407.133. SUSPENSION OR REVOCATION OF CERTIFICATE FOR
406-22 FAILURE TO PAY ASSESSMENT
406-23 CHAPTER 407. SELF-INSURANCE REGULATION
406-24 SUBCHAPTER A. GENERAL PROVISIONS
406-25 Sec. 407.001. DEFINITIONS. In this chapter:
406-26 (1) "Association" means the Texas Certified
406-27 Self-Insurer Guaranty Association.
407-1 (2) "Director" means the director of the division of
407-2 self-insurance regulation.
407-3 (3) "Impaired employer" means a certified
407-4 self-insurer:
407-5 (A) who has suspended payment of compensation as
407-6 determined by the commission;
407-7 (B) who has filed for relief under bankruptcy
407-8 laws;
407-9 (C) against whom bankruptcy proceedings have
407-10 been filed; or
407-11 (D) for whom a receiver has been appointed by a
407-12 court of this state.
407-13 (4) "Incurred liabilities for compensation" means the
407-14 amount equal to the sum of:
407-15 (A) the estimated amount of the liabilities for
407-16 outstanding workers' compensation claims, including claims incurred
407-17 but not yet reported; and
407-18 (B) the estimated amount necessary to provide
407-19 for the administration of those claims, including legal costs.
407-20 (5) "Qualified claims servicing contractor" means a
407-21 person who provides claims service for a certified self-insurer,
407-22 who is a separate business entity from the affected certified
407-23 self-insurer, and who is:
407-24 (A) an insurance company authorized by the Texas
407-25 Department of Insurance to write workers' compensation insurance;
407-26 (B) a subsidiary of an insurance company that
407-27 provides claims service under contract; or
408-1 (C) a third-party administrator that has on its
408-2 staff an individual licensed under Chapter 407, Acts of the 63rd
408-3 Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
408-4 Insurance Code). (V.A.C.S. Art. 8308-3.51.)
408-5 (Sections 407.002-407.020 reserved for expansion)
408-6 SUBCHAPTER B. DIVISION OF SELF-INSURANCE REGULATION
408-7 Sec. 407.021. DIVISION. The division of self-insurance
408-8 regulation is a division of the commission. (V.A.C.S. Art.
408-9 8308-3.53(a).)
408-10 Sec. 407.022. DIRECTOR. (a) The executive director of the
408-11 commission shall appoint the director of the division.
408-12 (b) The director shall exercise all the rights, powers, and
408-13 duties imposed or conferred on the commission by this chapter,
408-14 other than by Section 407.023. (V.A.C.S. Arts. 8308-3.53(b),
408-15 8308-3.54.)
408-16 Sec. 407.023. EXCLUSIVE POWERS AND DUTIES OF COMMISSION.
408-17 (a) The commission, by majority vote, shall:
408-18 (1) approve or deny a recommendation by the director
408-19 concerning the issuance or revocation of a certificate of authority
408-20 to self-insure; and
408-21 (2) certify that a certified self-insurer has
408-22 suspended payment of compensation or has otherwise become an
408-23 impaired employer.
408-24 (b) The commission may not delegate the powers and duties
408-25 imposed by this section. (V.A.C.S. Art. 8308-3.52.)
408-26 Sec. 407.024. CLAIM OR SUIT. (a) A claim or suit brought
408-27 by a claimant or a certified self-insurer shall be styled "in
409-1 re: (name of employee) and (name of certified self-insurer)."
409-2 (b) The director is the agent for service of process for a
409-3 claim or suit brought by a workers' compensation claimant against
409-4 the qualified claims servicing contractor of a certified
409-5 self-insurer. (V.A.C.S. Art. 8308-3.66.)
409-6 (Sections 407.025-407.040 reserved for expansion)
409-7 SUBCHAPTER C. CERTIFICATE OF AUTHORITY TO SELF-INSURE
409-8 Sec. 407.041. APPLICATION. (a) An employer who desires to
409-9 self-insure under this chapter must submit an application to the
409-10 commission for a certificate of authority to self-insure.
409-11 (b) The application must be:
409-12 (1) submitted on a form adopted by the commission; and
409-13 (2) accompanied by a nonrefundable $1,000 application
409-14 fee.
409-15 (c) Not later than the 60th day after the date on which the
409-16 application is received, the director shall recommend approval or
409-17 denial of the application to the commission.
409-18 (d) During the pendency of the approval or denial of the
409-19 application, the applicant may not operate as a self-insurer under
409-20 this chapter. (V.A.C.S. Arts. 8308-3.55(a) (part), (b) (part),
409-21 8308-3.59(c).)
409-22 Sec. 407.042. ISSUANCE OF CERTIFICATE. With the approval of
409-23 the Texas Certified Self-Insurer Guaranty Association, and by
409-24 majority vote, the commission shall issue a certificate of
409-25 authority to self-insure to an applicant who meets the
409-26 certification requirements under this chapter and pays the required
409-27 fee. (V.A.C.S. Arts. 8308-3.55(b) (part), 8308-3.56(m).)
410-1 Sec. 407.043. PROCEDURES ON DENIAL OF APPLICATION. (a) If
410-2 the commission determines that an applicant for a certificate of
410-3 authority to self-insure does not meet the certification
410-4 requirements, the commission shall notify the applicant in writing
410-5 of its determination, stating the specific reasons for the denial
410-6 and the conditions to be met before approval may be granted.
410-7 (b) The applicant is entitled to a reasonable period, as
410-8 determined by the commission, to meet the conditions for approval
410-9 before the application is considered rejected for purposes of
410-10 appeal. (V.A.C.S. Arts. 8308-3.59(a), (b).)
410-11 Sec. 407.044. TERM OF CERTIFICATE; RENEWAL. (a) A
410-12 certificate of authority to self-insure is valid for one year after
410-13 the date of issuance and may be renewed under procedures prescribed
410-14 by the commission.
410-15 (b) The director may stagger the renewal dates of
410-16 certificates of authority to self-insure to facilitate the work
410-17 load of the division. (V.A.C.S. Art. 8308-3.55(b) (part).)
410-18 Sec. 407.045. WITHDRAWAL FROM SELF-INSURANCE. (a) A
410-19 certified self-insurer may withdraw from self-insurance at any time
410-20 with the approval of the commission. The commission shall approve
410-21 the withdrawal if the certified self-insurer shows to the
410-22 satisfaction of the commission that the certified self-insurer has
410-23 established an adequate program to pay all incurred losses,
410-24 including unreported losses, that arise out of accidents or
410-25 occupational diseases first distinctly manifested during the period
410-26 of operation as a certified self-insurer.
410-27 (b) A certified self-insurer who withdraws from
411-1 self-insurance shall surrender to the commission the certificate of
411-2 authority to self-insure. (V.A.C.S. Art. 8308-3.65(a).)
411-3 Sec. 407.046. REVOCATION OF CERTIFICATE OF AUTHORITY. (a)
411-4 The commission by majority vote may revoke the certificate of
411-5 authority to self-insure of a certified self-insurer who fails to
411-6 comply with a requirement established by this chapter or a rule
411-7 adopted by the commission under this chapter.
411-8 (b) If the commission believes that a ground exists to
411-9 revoke a certificate of authority to self-insure, the commission
411-10 shall hold a hearing to determine if the certificate should be
411-11 revoked. The hearing shall be conducted in the manner provided for
411-12 a contested case hearing under the Administrative Procedure and
411-13 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
411-14 Statutes).
411-15 (c) The commission shall notify the certified self-insurer
411-16 of the hearing and the grounds not later than the 30th day before
411-17 the scheduled hearing date.
411-18 (d) If the certified self-insurer fails to show cause why
411-19 the certificate should not be revoked, the commission immediately
411-20 shall revoke the certificate. (V.A.C.S. Arts. 8308-3.68(a), (b).)
411-21 Sec. 407.047. EFFECT OF REVOCATION. (a) A certified
411-22 self-insurer whose certificate of authority to self-insure is
411-23 revoked is not relieved of the obligation for compensation to an
411-24 employee for an accidental injury or occupational disease that
411-25 occurred during the period of self-insurance.
411-26 (b) The security required under Sections 407.064 and 407.065
411-27 shall be maintained with the commission or under the commission's
412-1 control until each claim for workers' compensation benefits is
412-2 paid, is settled, or lapses under this subtitle. (V.A.C.S.
412-3 Art. 8308-3.68(c).)
412-4 (Sections 407.048-407.060 reserved for expansion)
412-5 SUBCHAPTER D. REQUIREMENTS FOR CERTIFICATE OF AUTHORITY
412-6 Sec. 407.061. GENERAL REQUIREMENTS. (a) To be eligible for
412-7 a certificate of authority to self-insure, an applicant for an
412-8 initial or renewal certificate must present evidence satisfactory
412-9 to the commission and the association of sufficient financial
412-10 strength and liquidity, under standards adopted by the commission,
412-11 to ensure that all workers' compensation obligations incurred by
412-12 the applicant under this chapter are met promptly.
412-13 (b) The applicant must:
412-14 (1) be a business entity, or one of the consolidated
412-15 subsidiaries of the entity, that is required to register under the
412-16 Securities Act of 1933 (15 U.S.C. Section 77a et seq.) and furnish
412-17 financial information prepared in accordance with the requirements
412-18 for those business entities; or
412-19 (2) annually furnish audited financial statements
412-20 comparable in form and manner of preparation to those filed by a
412-21 business entity required to register under the Securities Act of
412-22 1933 (15 U.S.C. Section 77a et seq.).
412-23 (c) The applicant must present a plan for claims
412-24 administration that is acceptable to the commission and that
412-25 designates a qualified claims servicing contractor.
412-26 (d) The applicant must demonstrate the existence of an
412-27 effective safety program for each location in the state at which it
413-1 conducts business.
413-2 (e) The applicant must provide to the commission a copy of
413-3 each contract entered into with a person that provides claims
413-4 services, underwriting services, or accident prevention services if
413-5 the provider of those services is not an employee of the applicant.
413-6 The contract must be acceptable to the commission and must be
413-7 submitted in a standard form adopted by the commission, if the
413-8 commission adopts such a form.
413-9 (f) The commission shall adopt rules for the requirements
413-10 for the financial statements required by Subsection (b)(2).
413-11 (V.A.C.S. Arts. 8308-3.56(a) (part), (b), (c), (d), (e).)
413-12 Sec. 407.062. FINANCIAL STRENGTH AND LIQUIDITY REQUIREMENTS.
413-13 In assessing the financial strength and liquidity of an applicant,
413-14 the commission shall consider:
413-15 (1) the applicant's organizational structure and
413-16 management background;
413-17 (2) the applicant's profit and loss history;
413-18 (3) the applicant's compensation loss history;
413-19 (4) the source and reliability of the financial
413-20 information submitted by the applicant;
413-21 (5) the number of employees affected by
413-22 self-insurance;
413-23 (6) the applicant's access to excess insurance
413-24 markets;
413-25 (7) financial ratios, indexes, or other financial
413-26 measures that the commission finds appropriate; and
413-27 (8) any other information considered appropriate by
414-1 the commission. (V.A.C.S. Art. 8308-3.56(a) (part).)
414-2 Sec. 407.063. PREMIUM REQUIREMENTS. (a) In addition to
414-3 meeting the other certification requirements imposed under this
414-4 chapter, an applicant for an initial certificate of authority to
414-5 self-insure must present evidence satisfactory to the commission of
414-6 a total unmodified workers' compensation insurance premium in this
414-7 state in the calendar year of application of at least $500,000.
414-8 (b) Instead of the state premium required under this
414-9 section, the applicant may present evidence of a total unmodified
414-10 national workers' compensation insurance premium of at least $10
414-11 million.
414-12 (c) Notwithstanding Subsection (a), if the application is
414-13 filed before January 1, 1994, an applicant who presents evidence of
414-14 a total unmodified insurance premium in this state must present
414-15 evidence of a premium of at least $750,000. This subsection
414-16 expires December 31, 1994. (V.A.C.S. Art. 8308-3.57.)
414-17 Sec. 407.064. GENERAL SECURITY REQUIREMENTS. (a) Each
414-18 applicant shall provide security for incurred liabilities for
414-19 compensation through a deposit with the director, in a combination
414-20 and from institutions approved by the director, of the following
414-21 security:
414-22 (1) cash or negotiable securities of the United States
414-23 or of this state;
414-24 (2) a surety bond that names the director as payee; or
414-25 (3) an irrevocable letter of credit that names the
414-26 director as payee.
414-27 (b) If an applicant who has provided a letter of credit as
415-1 all or part of the security required under this section desires to
415-2 cancel the existing letter of credit and substitute a different
415-3 letter of credit or another form of security, the applicant shall
415-4 notify the commission in writing not later than the 60th day before
415-5 the effective date of the cancellation of the original letter of
415-6 credit.
415-7 (c) An estimate of the applicant's incurred liabilities for
415-8 compensation must be signed and sworn to by an accredited casualty
415-9 actuary and submitted with the application.
415-10 (d) The sum of the deposited securities must be at least
415-11 equal to the greater of:
415-12 (1) $300,000; or
415-13 (2) 125 percent of the applicant's incurred
415-14 liabilities for compensation.
415-15 (e) If an applicant is granted a certificate of authority to
415-16 self-insure, any interest or other income that accrues from cash or
415-17 negotiable securities deposited by the applicant as security under
415-18 this section while the cash or securities are on deposit with the
415-19 director shall be paid to the applicant quarterly. (V.A.C.S. Arts.
415-20 8308-3.56(f), (g), (h), (i), (l).)
415-21 Sec. 407.065. SPECIFIC SECURITY REQUIREMENTS. (a) A
415-22 security deposit must include within its coverage all amounts
415-23 covered by terminated surety bonds or terminated excess insurance
415-24 policies.
415-25 (b) A surety bond, irrevocable letter of credit, or document
415-26 indicating issuance of an irrevocable letter of credit must be in a
415-27 form approved by the director and must be issued by an institution
416-1 acceptable to the director. The instrument may be released only
416-2 according to its terms but may not be released by the deposit of
416-3 additional security.
416-4 (c) The certified self-insurer shall deposit the security
416-5 with the state treasurer on behalf of the director. The state
416-6 treasurer may accept securities for deposit or withdrawal only on
416-7 the written order of the director.
416-8 (d) On receipt by the director of a request to renew,
416-9 submit, or increase or decrease a security deposit, a perfected
416-10 security interest is created in the certified self-insurer's assets
416-11 in favor of the director to the extent of any then unsecured
416-12 portion of the self-insurer's incurred liabilities for
416-13 compensation. That perfected security interest transfers to cash
416-14 or securities deposited by the self-insurer with the director after
416-15 the date of the request and may be released only on:
416-16 (1) the acceptance by the director of a surety bond or
416-17 irrevocable letter of credit for the full amount of the incurred
416-18 liabilities for compensation; or
416-19 (2) the return of cash or securities by the director.
416-20 (e) The certified self-insurer loses all right to, title to,
416-21 interest in, and control of the assets or obligations submitted or
416-22 deposited as security. The director may liquidate the deposit and
416-23 apply it to the certified self-insurer's incurred liabilities for
416-24 compensation either directly or through the association.
416-25 (f) If the director determines that a security deposit is
416-26 not immediately available for the payment of compensation, the
416-27 director shall determine the appropriate method of payment and
417-1 claims administration, which may include payment by the surety that
417-2 issued the bond or by the issuer of an irrevocable letter of
417-3 credit, and administration by a surety, an adjusting agency, the
417-4 association, or through any combination of those entities approved
417-5 by the director. (V.A.C.S. Arts. 8308-3.58(a), (b), (c), (d), (e),
417-6 (i).)
417-7 Sec. 407.066. EFFECT OF DISPUTE. (a) The director, after
417-8 notice to the concerned parties and an opportunity for a hearing,
417-9 shall resolve a dispute concerning the deposit, renewal,
417-10 termination, release, or return of all or part of the security,
417-11 liability arising out of the submission or failure to submit
417-12 security, or the adequacy of the security or reasonableness of the
417-13 administrative costs, including legal fees, that arises among:
417-14 (1) a surety;
417-15 (2) an issuer of an agreement of assumption and
417-16 guarantee of workers' compensation liabilities;
417-17 (3) an issuer of a letter of credit;
417-18 (4) a custodian of the security deposit;
417-19 (5) a certified self-insurer; or
417-20 (6) the association.
417-21 (b) A party aggrieved by a decision of the director is
417-22 entitled to judicial review. Venue for an appeal is in Travis
417-23 County.
417-24 (c) Payment of claims from the security deposit or by the
417-25 association may not be stayed pending the resolution of a dispute
417-26 under this section unless the court issues a determination staying
417-27 the payment of claims. (V.A.C.S. Arts. 8308-3.58(f), (g), (h).)
418-1 Sec. 407.067. EXCESS INSURANCE; REINSURANCE; ADMINISTRATIVE
418-2 VIOLATION. (a) Each applicant shall obtain excess insurance or
418-3 reinsurance to cover liability for losses not paid by the
418-4 self-insurer in an amount not less than the amount required by the
418-5 director.
418-6 (b) The director shall require excess insurance or
418-7 reinsurance in at least the amount of $5 million per occurrence.
418-8 (c) A certified self-insurer shall notify the director not
418-9 later than the 10th day after the date on which the certified
418-10 self-insurer has notice of the cancellation or termination of
418-11 excess insurance or reinsurance coverage required under this
418-12 section.
418-13 (d) A person commits a violation if the person violates
418-14 Subsection (c). A violation under this subsection is a Class B
418-15 administrative violation. Each day of noncompliance constitutes a
418-16 separate violation. (V.A.C.S. Arts. 8308-3.56(j), 8308-3.69.)
418-17 Sec. 407.068. GUARANTEE BY PARENT ORGANIZATION. If an
418-18 applicant for a certificate of authority to self-insure is a
418-19 subsidiary, the parent organization of the applicant must guarantee
418-20 the obligations imposed by this chapter. (V.A.C.S. Art.
418-21 8308-3.56(k).)
418-22 (Sections 407.069-407.080 reserved for expansion)
418-23 SUBCHAPTER E. POWERS AND DUTIES OF CERTIFIED SELF-INSURER
418-24 Sec. 407.081. ANNUAL REPORT. (a) Each certified
418-25 self-insurer shall file an annual report with the commission. The
418-26 commission shall prescribe the form of the report and shall furnish
418-27 blank forms for the preparation of the report to each certified
419-1 self-insurer.
419-2 (b) The report must:
419-3 (1) include payroll information, in the form
419-4 prescribed by this chapter and the commission;
419-5 (2) state the number of injuries sustained in the
419-6 three preceding calendar years; and
419-7 (3) indicate separately the amount paid during each
419-8 year for income benefits, medical benefits, death benefits, burial
419-9 benefits, and other proper expenses related to worker injuries.
419-10 (c) Each certified self-insurer shall file with the
419-11 commission as part of the annual report annual independent
419-12 financial statements that reflect the financial condition of the
419-13 self-insurer. The commission shall make a financial statement
419-14 filed under this subsection available for public review.
419-15 (d) The commission may require that the report include
419-16 additional financial and statistical information.
419-17 (e) The certified self-insurer shall present evidence in the
419-18 report of sufficient financial ability to meet all obligations
419-19 under this chapter.
419-20 (f) The report must include an estimate of future liability
419-21 for compensation. The estimate must be signed and sworn to by a
419-22 certified casualty actuary every third year, or more frequently if
419-23 required by the commission.
419-24 (g) If the commission considers it necessary, it may order a
419-25 certified self-insurer whose financial condition or claims record
419-26 warrants closer supervision to report as provided by this section
419-27 more often than annually. (V.A.C.S. Art. 8308-3.60.)
420-1 Sec. 407.082. EXAMINATION OF RECORDS; ADMINISTRATIVE
420-2 VIOLATION. (a) Each certified self-insurer shall maintain the
420-3 books, records, and payroll information necessary to compile the
420-4 annual report required under Section 407.081 and any other
420-5 information reasonably required by the commission.
420-6 (b) The certified self-insurer may maintain the books,
420-7 records, and payroll information in locations outside this state.
420-8 (c) The material maintained by the certified self-insurer
420-9 shall be open to examination by an authorized agent or
420-10 representative of the commission at reasonable times to ascertain
420-11 the correctness of the information.
420-12 (d) The examination may be conducted at any location,
420-13 including the commission's Austin offices, or, at the certified
420-14 self-insurer's option, in the offices of the certified
420-15 self-insurer. The certified self-insurer shall pay the reasonable
420-16 expenses, including travel expenses, of an inspector who conducts
420-17 an inspection at its offices.
420-18 (e) An unreasonable refusal on the part of a certified
420-19 self-insurer to make available for inspection the books, records,
420-20 payroll information, or other required information constitutes
420-21 grounds for the revocation of the certificate of authority to
420-22 self-insure and is a Class A administrative violation. Each day of
420-23 noncompliance constitutes a separate violation. (V.A.C.S. Art.
420-24 8308-3.61.)
420-25 Sec. 407.083. PAYMENT OF INSURANCE AGENT'S COMMISSION. This
420-26 chapter does not prohibit a certified self-insurer from paying a
420-27 commission to an insurance agent licensed in this state. (V.A.C.S.
421-1 Art. 8308-3.67.)
421-2 (Sections 407.084-407.100 reserved for expansion)
421-3 SUBCHAPTER F. FINANCING OF SELF-INSURANCE PROGRAM
421-4 Sec. 407.101. FUND. (a) The workers' compensation
421-5 self-insurance fund is a fund in the state treasury. The fund may
421-6 be used only for the regulation of certified self-insurers.
421-7 (b) The commission shall deposit the application fee for a
421-8 certificate of authority to self-insure in the state treasury to
421-9 the credit of the workers' compensation self-insurance fund.
421-10 (c) Any amount remaining in the fund at the end of a fiscal
421-11 year shall be used to reduce the regulatory fee assessed under
421-12 Section 407.102 in the succeeding fiscal year. (V.A.C.S. Arts.
421-13 8308-3.55(a) (part), 8308-3.62(b) (part).)
421-14 Sec. 407.102. REGULATORY FEE. (a) Each certified
421-15 self-insurer shall pay an annual fee to cover the administrative
421-16 costs incurred by the commission in implementing this chapter.
421-17 (b) The commission shall base the fee on the total amount of
421-18 income benefit payments made in the preceding calendar year. The
421-19 commission shall assess each certified self-insurer a pro rata
421-20 share based on the ratio that the total amount of income benefit
421-21 payments made by that certified self-insurer bears to the total
421-22 amount of income benefit payments made by all certified
421-23 self-insurers. (V.A.C.S. Art. 8308-3.62(a).)
421-24 Sec. 407.103. SELF-INSURER MAINTENANCE TAX; EFFECT ON
421-25 GENERAL MAINTENANCE TAX. (a) Each certified self-insurer shall
421-26 pay a self-insurer maintenance tax for the administration of the
421-27 commission. Not more than two percent of the total tax base of all
422-1 certified self-insurers, as computed under Subsection (b), may be
422-2 assessed for a maintenance tax under this section.
422-3 (b) To determine the tax base of a certified self-insurer
422-4 for purposes of this chapter, each certified self-insurer shall
422-5 report its payroll by individual workers' compensation risk code
422-6 classifications in its application for certification and in its
422-7 annual reports to the commission. The commission shall compute the
422-8 estimated manual premium for the certified self-insurer using the
422-9 workers' compensation insurance rates established by the State
422-10 Board of Insurance. The commission shall compute the certified
422-11 self-insurer's tax base by multiplying the estimated manual premium
422-12 by 0.75.
422-13 (c) The tax liability of a certified self-insurer under this
422-14 section is the tax base computed under Subsection (b) multiplied by
422-15 the rate assessed workers' compensation insurance companies under
422-16 Sections 403.002 and 403.003.
422-17 (d) In setting the rate of maintenance tax assessment for
422-18 insurance companies, the commission may not consider revenue or
422-19 expenditures related to the division. (V.A.C.S. Arts.
422-20 8308-3.53(c), 8308-3.63.)
422-21 Sec. 407.104. COLLECTION OF TAXES AND FEES; ADMINISTRATIVE
422-22 VIOLATION. (a) The regulatory fee imposed by Section 407.102 and
422-23 the taxes imposed by Section 407.103 are due on the 60th day after
422-24 the issuance of a certificate of authority to self-insure and on
422-25 the 60th day after each annual renewal date.
422-26 (b) The commission shall compute the fee and taxes of a
422-27 certified self-insurer and notify the certified self-insurer of the
423-1 amounts due. The taxes and fees shall be remitted to the
423-2 commission.
423-3 (c) The regulatory fee imposed under Section 407.102 shall
423-4 be deposited in the state treasury to the credit of the workers'
423-5 compensation self-insurance fund. The self-insurer maintenance tax
423-6 shall be deposited in the state treasury to the credit of the
423-7 commission.
423-8 (d) A certified self-insurer commits a violation if the
423-9 self-insurer does not pay the taxes and fee imposed under Sections
423-10 407.102 and 407.103 in a timely manner. A violation under this
423-11 subsection is a Class B administrative violation. Each day of
423-12 noncompliance constitutes a separate violation.
423-13 (e) If the certificate of authority to self-insure of a
423-14 certified self-insurer is terminated, the insurance commissioner or
423-15 the executive director of the commission shall proceed immediately
423-16 to collect taxes due under this subtitle, using legal process as
423-17 necessary. (V.A.C.S. Arts. 8308-3.62(b) (part), 8308-3.64,
423-18 8308-3.65(b).)
423-19 (Sections 407.105-407.120 reserved for expansion)
423-20 SUBCHAPTER G. TEXAS CERTIFIED SELF-INSURER GUARANTY ASSOCIATION
423-21 Sec. 407.121. GUARANTY ASSOCIATION. (a) The Texas
423-22 Certified Self-Insurer Guaranty Association provides for the
423-23 payment of workers' compensation insurance benefits for the injured
423-24 employees of an impaired employer.
423-25 (b) Each employer who desires to become a certified
423-26 self-insurer must be a member of the association. (V.A.C.S.
423-27 Art. 8308-3.70(a) (part).)
424-1 Sec. 407.122. BOARD OF DIRECTORS. (a) The members of the
424-2 association shall elect a board of directors.
424-3 (b) The board of directors is composed of the following
424-4 voting members:
424-5 (1) two certified self-insurers;
424-6 (2) one commission member representing wage earners;
424-7 (3) one commission member representing employers;
424-8 (4) the executive director of the commission; and
424-9 (5) the public counsel of the office of public
424-10 insurance counsel.
424-11 (c) The director serves as a nonvoting member of the board
424-12 of directors. (V.A.C.S. Art. 8308-3.70(a) (part).)
424-13 Sec. 407.123. BOARD RULES. (a) The board of directors may
424-14 adopt rules for the operation of the association.
424-15 (b) Rules adopted by the board are subject to the approval
424-16 of the commission. (V.A.C.S. Art. 8308-3.70(a) (part).)
424-17 Sec. 407.124. IMPAIRED EMPLOYER; ASSESSMENTS. (a) On
424-18 determination by the commission that a certified self-insurer has
424-19 become an impaired employer, the director shall secure release of
424-20 the security deposit required by this chapter and shall promptly
424-21 estimate:
424-22 (1) the amount of additional funds needed to
424-23 supplement the security deposit;
424-24 (2) the available assets of the impaired employer for
424-25 the purpose of making payment of all incurred liabilities for
424-26 compensation; and
424-27 (3) the funds maintained by the association for the
425-1 emergency payment of compensation liabilities.
425-2 (b) The director shall advise the board of directors of the
425-3 association of the estimate of necessary additional funds, and the
425-4 board shall promptly assess each certified self-insurer to collect
425-5 the required funds. An assessment against a certified self-insurer
425-6 shall be made in proportion to the ratio that the total paid income
425-7 benefit payment for the preceding reported calendar year for that
425-8 self-insurer bears to the total paid income benefit payment by all
425-9 certified self-insurers, except impaired employers, in this state
425-10 in that calendar year.
425-11 (c) A certified self-insurer designated as an impaired
425-12 employer is exempt from assessments beginning on the date of the
425-13 designation until the commission determines that the employer is no
425-14 longer impaired. (V.A.C.S. Arts. 8308-3.70(d), (e).)
425-15 Sec. 407.125. PAYMENT OF ASSESSMENTS. Each certified
425-16 self-insurer shall pay the amount of its assessment to the
425-17 association not later than the 30th day after the date on which the
425-18 division notifies the self-insurer of the assessment. A delinquent
425-19 assessment may be collected on behalf of the association through
425-20 suit. Venue is in Travis County. (V.A.C.S. Art. 8308-3.70(f).)
425-21 Sec. 407.126. TRUST FUND; FEE. (a) Each member of the
425-22 association shall be assessed a fee for the Texas certified
425-23 self-insurer guaranty trust fund for the emergency payment of the
425-24 compensation liabilities of an impaired employer. The fee shall be
425-25 based on the total amount of income benefit payments made in this
425-26 state for the preceding reported calendar year. The members shall
425-27 be assessed the fee over a five-year period, beginning January 1,
426-1 1993. The amount in the fund must be at least $1 million, but may
426-2 not exceed $2 million.
426-3 (b) The assessment for the first year after an employer is
426-4 issued a certificate of authority to self-insure shall be based on
426-5 the income benefit payments paid by the employer's insurance
426-6 carrier on the employer's policy in the year before the certificate
426-7 was issued.
426-8 (c) The board of directors shall administer the trust fund
426-9 in accordance with rules adopted by the commission. (V.A.C.S.
426-10 Art. 8308-3.70(b).)
426-11 Sec. 407.127. PAYMENT OF BENEFITS THROUGH ASSOCIATION. (a)
426-12 If the commission determines that the payment of benefits and
426-13 claims administration shall be made through the association, the
426-14 association assumes the workers' compensation obligations of the
426-15 impaired employer and shall begin the payment of the obligations
426-16 for which it is liable not later than the 30th day after the date
426-17 of notification by the director.
426-18 (b) The association shall make payments to claimants whose
426-19 entitlement to benefits can be ascertained by the association.
426-20 (V.A.C.S. Art. 8308-3.70(c) (part).)
426-21 Sec. 407.128. POSSESSION OF SECURITY BY ASSOCIATION. On the
426-22 assumption of obligations by the association under the director's
426-23 determination, the association is entitled to immediate possession
426-24 of any deposited security, and the custodian, surety, or issuer of
426-25 an irrevocable letter of credit shall deliver the security to the
426-26 association with any accrued interest. (V.A.C.S. Art. 8308-3.70(c)
426-27 (part).)
427-1 Sec. 407.129. RELEASE OF CLAIM INFORMATION TO ASSOCIATION.
427-2 Information on a workers' compensation claim may be released to the
427-3 association as provided by Section 402.084(a), if the association
427-4 has assumed the obligations of an impaired employer. (V.A.C.S.
427-5 Art. 8308-3.70(l).)
427-6 Sec. 407.130. ASSOCIATION AS PARTY IN INTEREST. (a) The
427-7 association is a party in interest in a proceeding involving a
427-8 workers' compensation claim against an impaired employer whose
427-9 compensation obligations have been paid or assumed by the
427-10 association.
427-11 (b) The association has the same rights and defenses as the
427-12 impaired employer, including the right to:
427-13 (1) appear, defend, or appeal a claim;
427-14 (2) receive notice of, investigate, adjust,
427-15 compromise, settle, or pay a claim; and
427-16 (3) investigate, handle, or deny a claim. (V.A.C.S.
427-17 Art. 8308-3.70(k).)
427-18 Sec. 407.131. PREFERENCE. The benefit payments made by the
427-19 association or the surety under this chapter are entitled to the
427-20 same preference over other debts of the impaired employer or the
427-21 impaired employer's estate as provided by law to benefit payments
427-22 owed by the employer or employer's estate to the person entitled to
427-23 the benefits. (V.A.C.S. Art. 8308-3.70(h).)
427-24 Sec. 407.132. SPECIAL FUND. Funds advanced by the
427-25 association under this subchapter do not become assets of the
427-26 impaired employer but are a special fund advanced to the director,
427-27 trustee in bankruptcy, receiver, or other lawful conservator only
428-1 for the payment of compensation liabilities, including the costs of
428-2 claims administration and legal costs. (V.A.C.S.
428-3 Art. 8308-3.70(g).)
428-4 Sec. 407.133. SUSPENSION OR REVOCATION OF CERTIFICATE FOR
428-5 FAILURE TO PAY ASSESSMENT. (a) The commission, after notice and
428-6 hearing and by majority vote, may suspend or revoke the certificate
428-7 of authority to self-insure of a certified self-insurer who fails
428-8 to pay an assessment. The association promptly shall report such a
428-9 failure to the director.
428-10 (b) A certified self-insurer whose certificate of authority
428-11 to self-insure is revoked or surrendered remains liable for any
428-12 unpaid assessments made against an impaired employer who becomes an
428-13 impaired employer before the date of the revocation or surrender.
428-14 (c) Notwithstanding Section 407.127, the association is not
428-15 liable for the payment of any penalties assessed for any act or
428-16 omission on the part of any person other than the association.
428-17 (V.A.C.S. Arts. 8308-3.70(i), (j).)
428-18 CHAPTER 408. WORKERS' COMPENSATION BENEFITS
428-19 SUBCHAPTER A. GENERAL PROVISIONS
428-20 Sec. 408.001. EXCLUSIVE REMEDY; EXEMPLARY DAMAGES
428-21 Sec. 408.002. SURVIVAL OF CAUSE OF ACTION
428-22 Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS
428-23 Sec. 408.004. REQUIRED MEDICAL EXAMINATIONS; ADMINISTRATIVE
428-24 VIOLATION
428-25 Sec. 408.005. SETTLEMENTS AND AGREEMENTS
428-26 Sec. 408.006. MENTAL TRAUMA INJURIES
428-27 Sec. 408.007. DATE OF INJURY FOR OCCUPATIONAL DISEASE
429-1 Sec. 408.008. COMPENSABILITY OF HEART ATTACKS
429-2 (Sections 408.009-408.020 reserved for expansion)
429-3 SUBCHAPTER B. MEDICAL BENEFITS
429-4 Sec. 408.021. ENTITLEMENT TO MEDICAL BENEFITS
429-5 Sec. 408.022. SELECTION OF DOCTOR
429-6 Sec. 408.023. LIST OF APPROVED DOCTORS
429-7 Sec. 408.024. NONCOMPLIANCE WITH SELECTION REQUIREMENTS
429-8 Sec. 408.025. REPORTS AND RECORDS REQUIRED FROM HEALTH CARE
429-9 PROVIDERS
429-10 Sec. 408.026. SPINAL SURGERY SECOND OPINION
429-11 Sec. 408.027. PAYMENT OF HEALTH CARE PROVIDER
429-12 Sec. 408.028. PHARMACEUTICAL SERVICES
429-13 (Sections 408.029-408.040 reserved for expansion)
429-14 SUBCHAPTER C. COMPUTATION OF AVERAGE WEEKLY WAGE
429-15 Sec. 408.041. AVERAGE WEEKLY WAGE
429-16 Sec. 408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE
429-17 Sec. 408.043. AVERAGE WEEKLY WAGE FOR SEASONAL EMPLOYEE
429-18 Sec. 408.044. AVERAGE WEEKLY WAGE FOR MINOR, APPRENTICE,
429-19 TRAINEE, OR STUDENT
429-20 Sec. 408.045. NONPECUNIARY WAGES
429-21 Sec. 408.046. SIMILAR EMPLOYEES, SERVICES, OR EMPLOYMENT
429-22 Sec. 408.047. STATE AVERAGE WEEKLY WAGE
429-23 (Sections 408.048-408.060 reserved for expansion)
429-24 SUBCHAPTER D. COMPUTATION OF BENEFITS
429-25 Sec. 408.061. MAXIMUM WEEKLY BENEFIT
429-26 Sec. 408.062. MINIMUM WEEKLY INCOME BENEFIT
429-27 Sec. 408.063. WAGE PRESUMPTIONS; ADMINISTRATIVE VIOLATION
430-1 Sec. 408.064. INTEREST ON ACCRUED BENEFITS
430-2 (Sections 408.065-408.080 reserved for expansion)
430-3 SUBCHAPTER E. INCOME BENEFITS IN GENERAL
430-4 Sec. 408.081. INCOME BENEFITS
430-5 Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS
430-6 Sec. 408.083. TERMINATION OF RIGHT TO TEMPORARY INCOME,
430-7 IMPAIRMENT INCOME, AND SUPPLEMENTAL INCOME
430-8 BENEFITS
430-9 Sec. 408.084. CONTRIBUTING INJURY
430-10 Sec. 408.085. ADVANCE OF BENEFITS FOR HARDSHIP
430-11 Sec. 408.086. COMMISSION DETERMINATION OF EXTENDED UNEMPLOYMENT
430-12 OR UNDEREMPLOYMENT
430-13 (Sections 408.087-408.100 reserved for expansion)
430-14 SUBCHAPTER F. TEMPORARY INCOME BENEFITS
430-15 Sec. 408.101. TEMPORARY INCOME BENEFITS
430-16 Sec. 408.102. DURATION OF TEMPORARY INCOME BENEFITS
430-17 Sec. 408.103. AMOUNT OF TEMPORARY INCOME BENEFITS
430-18 (Sections 408.104-408.120 reserved for expansion)
430-19 SUBCHAPTER G. IMPAIRMENT INCOME BENEFITS
430-20 Sec. 408.121. IMPAIRMENT INCOME BENEFITS
430-21 Sec. 408.122. ELIGIBILITY FOR IMPAIRMENT INCOME BENEFITS
430-22 Sec. 408.123. CERTIFICATION OF MAXIMUM MEDICAL IMPROVEMENT;
430-23 EVALUATION OF IMPAIRMENT RATING
430-24 Sec. 408.124. IMPAIRMENT RATING GUIDELINES
430-25 Sec. 408.125. DISPUTE AS TO IMPAIRMENT RATING
430-26 Sec. 408.126. AMOUNT OF IMPAIRMENT INCOME BENEFITS
430-27 Sec. 408.127. REDUCTION OF IMPAIRMENT INCOME BENEFITS
431-1 Sec. 408.128. COMMUTATION OF IMPAIRMENT INCOME BENEFITS
431-2 Sec. 408.129. ACCELERATION OF IMPAIRMENT INCOME BENEFITS
431-3 (Sections 408.130-408.140 reserved for expansion)
431-4 SUBCHAPTER H. SUPPLEMENTAL INCOME BENEFITS
431-5 Sec. 408.141. AWARD OF SUPPLEMENTAL INCOME BENEFITS
431-6 Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS
431-7 Sec. 408.143. EMPLOYEE STATEMENT
431-8 Sec. 408.144. COMPUTATION OF SUPPLEMENTAL INCOME BENEFITS
431-9 Sec. 408.145. PAYMENT OF SUPPLEMENTAL INCOME BENEFITS
431-10 Sec. 408.146. TERMINATION OF SUPPLEMENTAL INCOME BENEFITS;
431-11 REINITIATION
431-12 Sec. 408.147. CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY
431-13 INSURANCE CARRIER; ATTORNEY'S FEES
431-14 Sec. 408.148. EMPLOYEE DISCHARGE AFTER TERMINATION
431-15 Sec. 408.149. STATUS REVIEW; BENEFIT REVIEW CONFERENCE
431-16 Sec. 408.150. VOCATIONAL REHABILITATION
431-17 (Sections 408.151-408.160 reserved for expansion)
431-18 SUBCHAPTER I. LIFETIME INCOME BENEFITS
431-19 Sec. 408.161. LIFETIME INCOME BENEFITS
431-20 Sec. 408.162. SUBSEQUENT INJURY FUND BENEFITS
431-21 (Sections 408.163-408.180 reserved for expansion)
431-22 SUBCHAPTER J. DEATH AND BURIAL BENEFITS
431-23 Sec. 408.181. DEATH BENEFITS
431-24 Sec. 408.182. DISTRIBUTION OF DEATH BENEFITS
431-25 Sec. 408.183. DURATION OF DEATH BENEFITS
431-26 Sec. 408.184. REDISTRIBUTION OF DEATH BENEFITS
431-27 Sec. 408.185. EFFECT OF BENEFICIARY DISPUTE; ATTORNEY'S
432-1 FEES
432-2 Sec. 408.186. BURIAL BENEFITS
432-3 Sec. 408.187. AUTOPSY
432-4 (Sections 408.188-408.200 reserved for expansion)
432-5 SUBCHAPTER K. PROTECTION OF RIGHTS TO BENEFITS
432-6 Sec. 408.201. BENEFITS EXEMPT FROM LEGAL PROCESS
432-7 Sec. 408.202. ASSIGNABILITY OF BENEFITS
432-8 Sec. 408.203. ALLOWABLE LIENS
432-9 (Sections 408.204-408.220 reserved for expansion)
432-10 SUBCHAPTER L. ATTORNEY'S FEES IN WORKERS' COMPENSATION
432-11 BENEFIT MATTERS
432-12 Sec. 408.221. ATTORNEY'S FEES PAID TO CLAIMANT'S COUNSEL
432-13 Sec. 408.222. ATTORNEY'S FEES PAID TO DEFENSE COUNSEL
432-14 CHAPTER 408. WORKERS' COMPENSATION BENEFITS
432-15 SUBCHAPTER A. GENERAL PROVISIONS
432-16 Sec. 408.001. EXCLUSIVE REMEDY; EXEMPLARY DAMAGES. (a)
432-17 Recovery of workers' compensation benefits is the exclusive remedy
432-18 of an employee covered by workers' compensation insurance or a
432-19 legal beneficiary against the employer or an agent or employee of
432-20 the employer for the death of or a work-related injury sustained by
432-21 the employee.
432-22 (b) This section does not prohibit the recovery of exemplary
432-23 damages by the surviving spouse or heirs of the body of a deceased
432-24 employee whose death was caused by an intentional act or omission
432-25 of the employer or by the employer's gross negligence.
432-26 (c) In this section, "gross negligence" has the meaning
432-27 assigned by Section 41.001, Civil Practice and Remedies Code.
433-1 (V.A.C.S. Art. 8308-4.01.)
433-2 Sec. 408.002. SURVIVAL OF CAUSE OF ACTION. A right of
433-3 action survives in a case based on a compensable injury that
433-4 results in the employee's death. (V.A.C.S. Art. 8308-4.03.)
433-5 Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS. (a) After an
433-6 injury, an employer may:
433-7 (1) initiate benefit payments, including medical
433-8 benefits; or
433-9 (2) on the written request or agreement of the
433-10 employee, supplement income benefits paid by the insurance carrier
433-11 by an amount that does not exceed the amount computed by
433-12 subtracting the amount of the income benefit payments from the
433-13 employee's net preinjury wages.
433-14 (b) If an injury is compensable and an insurance carrier
433-15 initiates compensation, the insurance carrier shall reimburse the
433-16 employer for the amount of benefits paid by the employer to which
433-17 the employee was entitled under this subtitle. Payments that are
433-18 not reimbursed or reimbursable under this section may be reimbursed
433-19 under Section 408.127.
433-20 (c) The employer shall notify the commission and the
433-21 insurance carrier on forms prescribed by the commission of the
433-22 initiation of and amount of payments made under this section.
433-23 (d) Employer payments made under this section:
433-24 (1) may not be construed as an admission of
433-25 compensability; and
433-26 (2) do not affect the payment of benefits from another
433-27 source.
434-1 (e) If an employer does not notify the commission of the
434-2 injury in compliance with Section 409.005, the employer waives the
434-3 right to reimbursement under this section. (V.A.C.S. Arts.
434-4 8308-4.06(a), (b), (c), (d), (f).)
434-5 Sec. 408.004. REQUIRED MEDICAL EXAMINATIONS; ADMINISTRATIVE
434-6 VIOLATION. (a) The commission may require an employee to submit
434-7 to medical examinations to resolve any question about:
434-8 (1) the appropriateness of the health care received by
434-9 the employee;
434-10 (2) the impairment caused by the compensable injury;
434-11 (3) the attainment of maximum medical improvement; or
434-12 (4) similar issues.
434-13 (b) The commission may require an employee to submit to a
434-14 medical examination at the request of the insurance carrier, but
434-15 only after the insurance carrier has attempted and failed to
434-16 receive the permission and concurrence of the employee for the
434-17 examination. The insurance carrier is entitled to the examination
434-18 only once in a 180-day period. A subsequent examination must be
434-19 performed by the same doctor unless otherwise approved by the
434-20 commission.
434-21 (c) The insurance carrier shall pay for:
434-22 (1) an examination required under Subsection (a) or
434-23 (b); and
434-24 (2) the reasonable expense incident to the employee in
434-25 submitting to the examination.
434-26 (d) An injured employee is entitled to have a doctor of the
434-27 employee's choice present at an examination required by the
435-1 commission at the request of an insurance carrier. The insurance
435-2 carrier shall pay a fee set by the commission to the doctor
435-3 selected by the employee.
435-4 (e) If the report of a doctor selected by an insurance
435-5 carrier indicates that the employee can return to work immediately,
435-6 the commission shall schedule a benefit review conference on the
435-7 next available docket. The insurance carrier may not suspend
435-8 medical or income benefit payments pending the benefit review
435-9 conference.
435-10 (f) An employee who, without good cause, fails or refuses to
435-11 appear at the time scheduled for an examination under Subsection
435-12 (a) or (b) commits a violation. A violation under this subsection
435-13 is a Class D administrative violation. (V.A.C.S. Art. 8308-4.16.)
435-14 Sec. 408.005. SETTLEMENTS AND AGREEMENTS. (a) A settlement
435-15 may not provide for payment of benefits in a lump sum except as
435-16 provided by Section 408.128.
435-17 (b) An employee's right to medical benefits as provided by
435-18 Section 408.021 may not be limited or terminated by agreement or
435-19 settlement.
435-20 (c) A settlement or agreement resolving an issue of
435-21 impairment:
435-22 (1) may not be made before the employee reaches
435-23 maximum medical improvement; and
435-24 (2) must adopt an impairment rating using the
435-25 impairment rating guidelines described by Section 408.124.
435-26 (d) A settlement must be signed by the director of the
435-27 division of hearings and all parties to the dispute.
436-1 (e) The director of the division of hearings shall approve a
436-2 settlement if the director is satisfied that:
436-3 (1) the settlement accurately reflects the agreement
436-4 between the parties;
436-5 (2) the settlement reflects adherence to all
436-6 appropriate provisions of law and the policies of the commission;
436-7 and
436-8 (3) under the law and facts, the settlement is in the
436-9 best interest of the claimant.
436-10 (f) A settlement that is not approved or rejected before the
436-11 16th day after the date the settlement is submitted to the director
436-12 of the division of hearings is considered to be approved by the
436-13 director on that date.
436-14 (g) A settlement takes effect on the date it is approved by
436-15 the director of the division of hearings.
436-16 (h) A party to a settlement may withdraw acceptance of the
436-17 settlement at any time before its effective date. (V.A.C.S. Arts.
436-18 8308-4.33, 8308-4.61(c).)
436-19 Sec. 408.006. MENTAL TRAUMA INJURIES. (a) It is the
436-20 express intent of the legislature that nothing in this subtitle
436-21 shall be construed to limit or expand recovery in cases of mental
436-22 trauma injuries.
436-23 (b) A mental or emotional injury that arises principally
436-24 from a legitimate personnel action, including a transfer,
436-25 promotion, demotion, or termination, is not a compensable injury
436-26 under this subtitle. (V.A.C.S. Art. 8308-4.02.)
436-27 Sec. 408.007. Date of Injury for Occupational Disease. For
437-1 purposes of this subtitle, the date of injury for an occupational
437-2 disease is the date on which the employee knew or should have known
437-3 that the disease may be related to the employment. (V.A.C.S.
437-4 Art. 8308-4.14.)
437-5 Sec. 408.008. Compensability of Heart Attacks. A heart
437-6 attack is a compensable injury under this subtitle only if:
437-7 (1) the attack can be identified as:
437-8 (A) occurring at a definite time and place; and
437-9 (B) caused by a specific event occurring in the
437-10 course and scope of the employee's employment;
437-11 (2) the preponderance of the medical evidence
437-12 regarding the attack indicates that the employee's work rather than
437-13 the natural progression of a preexisting heart condition or disease
437-14 was a substantial contributing factor of the attack; and
437-15 (3) the attack was not triggered solely by emotional
437-16 or mental stress factors, unless it was precipitated by a sudden
437-17 stimulus. (V.A.C.S. Art. 8308-4.15.)
437-18 (Sections 408.009-408.020 reserved for expansion)
437-19 SUBCHAPTER B. MEDICAL BENEFITS
437-20 Sec. 408.021. ENTITLEMENT TO MEDICAL BENEFITS. (a) An
437-21 employee who sustains a compensable injury is entitled to all
437-22 health care reasonably required by the nature of the injury as and
437-23 when needed. The employee is specifically entitled to health care
437-24 that:
437-25 (1) cures or relieves the effects naturally resulting
437-26 from the compensable injury;
437-27 (2) promotes recovery; or
438-1 (3) enhances the ability of the employee to return to
438-2 or retain employment.
438-3 (b) Medical benefits are payable from the date of the
438-4 compensable injury.
438-5 (c) Except in an emergency, all health care must be approved
438-6 or recommended by the employee's treating doctor. (V.A.C.S. Arts.
438-7 8308-4.61(a), (b).)
438-8 Sec. 408.022. SELECTION OF DOCTOR. (a) Except in an
438-9 emergency, an employee must receive medical treatment from a doctor
438-10 chosen from a list of doctors approved by the commission. A doctor
438-11 may perform only those procedures that are within the scope of the
438-12 practice for which the doctor is licensed. The employee is
438-13 entitled to the employee's initial choice of a doctor from the
438-14 commission's list.
438-15 (b) If an employee is dissatisfied with the initial choice
438-16 of a doctor from the commission's list, the employee may notify the
438-17 commission and request authority to select an alternate doctor.
438-18 The notification must be in writing stating the reasons for the
438-19 change, except notification may be by telephone when a medical
438-20 necessity exists for immediate change.
438-21 (c) The commission shall prescribe criteria to be used by
438-22 the commission in granting the employee authority to select an
438-23 alternate doctor. The criteria may include:
438-24 (1) whether treatment by the current doctor is
438-25 medically inappropriate;
438-26 (2) the professional reputation of the doctor;
438-27 (3) whether the employee is receiving appropriate
439-1 medical care to reach maximum medical improvement; and
439-2 (4) whether a conflict exists between the employee and
439-3 the doctor to the extent that the doctor-patient relationship is
439-4 jeopardized or impaired.
439-5 (d) A change of doctor may not be made to secure a new
439-6 impairment rating or medical report.
439-7 (e) For purposes of this section, the following is not a
439-8 selection of an alternate doctor:
439-9 (1) a referral made by the doctor chosen by the
439-10 employee if the referral is medically reasonable and necessary;
439-11 (2) the receipt of services ancillary to surgery;
439-12 (3) the obtaining of a second or subsequent opinion
439-13 only on the appropriateness of the diagnosis or treatment;
439-14 (4) the selection of a doctor because the original
439-15 doctor:
439-16 (A) dies;
439-17 (B) retires; or
439-18 (C) becomes unavailable or unable to provide
439-19 medical care to the employee; or
439-20 (5) a change of doctors required because of a change
439-21 of residence by the employee. (V.A.C.S. Arts. 8308-1.03(17)
439-22 (part), 8308-4.63(b), (c), (d), (e), 8308-4.64.)
439-23 Sec. 408.023. LIST OF APPROVED DOCTORS. (a) Each doctor
439-24 licensed in this state on January 1, 1993, is on the commission's
439-25 list of approved doctors unless subsequently deleted and not
439-26 reinstated. The name of a doctor shall be placed on the list of
439-27 approved doctors when that doctor becomes licensed in this state.
440-1 A doctor not licensed in this state but licensed in another state
440-2 or jurisdiction who treats employees may apply to the commission to
440-3 be included on the list.
440-4 (b) The commission shall establish criteria for deleting a
440-5 doctor from the list of approved doctors. The criteria may include
440-6 anything the commission considers relevant, including:
440-7 (1) sanctions of the doctor by the commission for
440-8 violations of Chapter 415;
440-9 (2) sanctions by the Medicare or Medicaid program for:
440-10 (A) substandard medical care;
440-11 (B) overcharging; or
440-12 (C) overutilization of medical services;
440-13 (3) evidence from the commission's medical records
440-14 that the doctor's charges, fees, diagnoses, or treatments are
440-15 substantially different from those the commission finds to be fair
440-16 and reasonable; and
440-17 (4) suspension of the doctor's license by the
440-18 appropriate licensing authority.
440-19 (c) The commission shall establish procedures for a doctor
440-20 to apply for reinstatement to the list. (V.A.C.S. Arts.
440-21 8308-4.63(f), (g), (h).)
440-22 Sec. 408.024. NONCOMPLIANCE WITH SELECTION REQUIREMENTS.
440-23 After notice and an opportunity for hearing, the commission may
440-24 relieve an insurance carrier of liability for health care that is
440-25 furnished by a health care provider or another person selected in a
440-26 manner inconsistent with the requirements of this subchapter.
440-27 (V.A.C.S. Art. 8308-4.65.)
441-1 Sec. 408.025. REPORTS AND RECORDS REQUIRED FROM HEALTH CARE
441-2 PROVIDERS. (a) The commission by rule shall adopt requirements
441-3 for reports and records that are required to be filed with the
441-4 commission or provided to the injured employee, the employee's
441-5 attorney, or the insurance carrier by a health care provider.
441-6 (b) The commission by rule shall adopt requirements for
441-7 reports and records that are to be made available by a health care
441-8 provider to another health care provider to prevent unnecessary
441-9 duplication of tests and examinations.
441-10 (c) The treating doctor is responsible for maintaining
441-11 efficient use of health care.
441-12 (d) On the request of an injured employee, the employee's
441-13 attorney, or the insurance carrier, a health care facility shall
441-14 furnish records relating to treatment or hospitalization for which
441-15 compensation is being sought. The commission may regulate the
441-16 charge for furnishing a report or record, but the charge may not be
441-17 less than the fair and reasonable charge for furnishing the report
441-18 or record. A health care facility may disclose to the insurance
441-19 carrier of an affected employer records relating to the diagnosis
441-20 or treatment of the injured employee without the authorization of
441-21 the injured employee to determine the amount of payment or the
441-22 entitlement to payment. (V.A.C.S. Art. 8308-4.66.)
441-23 Sec. 408.026. SPINAL SURGERY SECOND OPINION. (a) Except in
441-24 a medical emergency, an insurance carrier is liable for medical
441-25 costs related to spinal surgery only if:
441-26 (1) before surgery, the employee obtains from a doctor
441-27 approved by the insurance carrier or the commission a second
442-1 opinion that concurs with the treating doctor's recommendation;
442-2 (2) the insurance carrier waives the right to an
442-3 examination or fails to request an examination before the 15th day
442-4 after the date of the notification that surgery is recommended; or
442-5 (3) the commission determines that extenuating
442-6 circumstances exist and orders payment for surgery.
442-7 (b) The commission shall adopt rules necessary to ensure
442-8 that an examination required under this section is performed
442-9 without undue delay. (V.A.C.S. Art. 8308-4.67.)
442-10 Sec. 408.027. Payment of Health Care Provider. (a) An
442-11 insurance carrier shall pay the fee charged for a service rendered
442-12 by a health care provider not later than the 45th day after the
442-13 date the insurance carrier receives the charge unless the amount of
442-14 the payment or the entitlement to payment is disputed.
442-15 (b) If an insurance carrier disputes the amount charged by a
442-16 health care provider and requests an audit of the services
442-17 rendered, the insurance carrier shall pay 50 percent of the amount
442-18 charged by the health care provider not later than the 45th day
442-19 after the date the insurance carrier receives the statement of
442-20 charge.
442-21 (c) If an insurance carrier denies liability or the health
442-22 care provider's entitlement to payment and an accident or health
442-23 insurance company provides benefits to the employee for medical or
442-24 other health care services, the right to recover that amount may be
442-25 assigned by the employee to the accident or health insurance
442-26 company.
442-27 (d) If an insurance carrier disputes the amount of payment
443-1 or the health care provider's entitlement to payment, the insurance
443-2 carrier shall send to the commission, the health care provider, and
443-3 the injured employee a report that sufficiently explains the
443-4 reasons for the reduction or denial of payment for health care
443-5 services provided to the employee. The insurance carrier is
443-6 entitled to a hearing as provided by Section 413.031(d). (V.A.C.S.
443-7 Art. 8308-4.68.)
443-8 Sec. 408.028. Pharmaceutical Services. (a) A health care
443-9 practitioner providing care to an employee under this subchapter
443-10 shall prescribe for the employee any necessary prescription drugs
443-11 in accordance with applicable state law.
443-12 (b) An insurance carrier may not require an employee to use
443-13 pharmaceutical services designated by the carrier. (V.A.C.S.
443-14 Art. 8308-4.69.)
443-15 (Sections 408.029-408.040 reserved for expansion)
443-16 SUBCHAPTER C. COMPUTATION OF AVERAGE WEEKLY WAGE
443-17 Sec. 408.041. AVERAGE WEEKLY WAGE. (a) The average weekly
443-18 wage of an employee who has worked for the same employer for at
443-19 least the 13 consecutive weeks preceding an injury is computed by
443-20 dividing the sum of the wages paid in the 13 consecutive weeks
443-21 preceding the date of the injury by 13.
443-22 (b) The average weekly wage of an employee whose wage has
443-23 not been fixed or cannot be determined or who has worked for the
443-24 employer for less than the 13 weeks preceding the injury equals:
443-25 (1) the usual wage that the employer pays a similar
443-26 employee for similar services; or
443-27 (2) if a similar employee does not exist, the usual
444-1 wage paid in that vicinity for the same or similar services
444-2 provided for remuneration.
444-3 (c) If Subsection (a) or (b) cannot reasonably be applied
444-4 because the employee's employment has been irregular or because the
444-5 employee has lost time from work during the 13-week period
444-6 preceding the injury because of illness, weather, or another cause
444-7 beyond the control of the employee, the commission may determine
444-8 the employee's average weekly wage by any method that the
444-9 commission considers fair, just, and reasonable to all parties and
444-10 consistent with the methods established under this section.
444-11 (V.A.C.S. Arts. 8308-4.10(a), (b), (g).)
444-12 Sec. 408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE.
444-13 (a) The average weekly wage of a part-time employee who works less
444-14 than full-time hours or a full-time workweek as a regular course of
444-15 that employee's conduct is computed as provided by Section 408.041.
444-16 (b) For part-time employees not covered by Subsection (a),
444-17 the average weekly wage:
444-18 (1) for determining temporary income benefits is
444-19 computed as provided by Section 408.041; and
444-20 (2) for determining impairment income benefits,
444-21 supplemental income benefits, lifetime income benefits, and death
444-22 benefits is computed as follows:
444-23 (A) if the employee has worked for the employer
444-24 for at least the 13 weeks preceding the date of the injury, the
444-25 average weekly wage is computed by dividing the sum of the wages
444-26 paid in the 13 consecutive weeks preceding the date of the injury
444-27 by 13 and adjusting that amount to the weekly wage level the
445-1 employee would have attained by working a full-time workweek at the
445-2 same rate of pay; or
445-3 (B) if the employee has worked for the employer
445-4 for less than 13 weeks preceding the date of the injury, the
445-5 average weekly wage is equal to:
445-6 (i) the weekly wage that the employer pays
445-7 a similar employee for similar services in full-time employment; or
445-8 (ii) if a similar employee does not exist,
445-9 the usual wage paid in that vicinity for the same or similar
445-10 services provided for compensation in full-time employment.
445-11 (c) In this section, "part-time employee" means an employee
445-12 who, at the time of the injury, was working less than the full-time
445-13 hours or full-time workweek of similar employees in the same
445-14 employment, whether for the same or a different employer.
445-15 (V.A.C.S. Art. 8308-4.10(c).)
445-16 Sec. 408.043. AVERAGE WEEKLY WAGE FOR SEASONAL EMPLOYEE.
445-17 (a) For determining the amount of temporary income benefits of a
445-18 seasonal employee, the average weekly wage of the employee is
445-19 computed as provided by Section 408.041 and is adjusted as often as
445-20 necessary to reflect the wages the employee could reasonably have
445-21 expected to earn during the period that temporary income benefits
445-22 are paid.
445-23 (b) For determining the amount of impairment income
445-24 benefits, supplemental income benefits, lifetime income benefits,
445-25 or death benefits of a seasonal employee, the average weekly wage
445-26 of the employee is computed by dividing the amount of total wages
445-27 earned by the employee during the 12 months preceding the date of
446-1 the injury by 50.
446-2 (c) If, for good reason, the commission determines that
446-3 computing the average weekly wage for a seasonal employee as
446-4 provided by this section is impractical, the commission shall
446-5 compute the average weekly wage as of the time of the injury in a
446-6 manner that is fair and just to both parties.
446-7 (d) In this section, "seasonal employee" means an employee
446-8 who, as a regular course of the employee's conduct, engages in
446-9 seasonal or cyclical employment that does not continue throughout
446-10 the entire year. (V.A.C.S. Art. 8308-4.10(d).)
446-11 Sec. 408.044. AVERAGE WEEKLY WAGE FOR MINOR, APPRENTICE,
446-12 TRAINEE, OR STUDENT. (a) For computing impairment income
446-13 benefits, supplemental income benefits, lifetime income benefits,
446-14 or death benefits, the average weekly wage of an employee shall be
446-15 adjusted to reflect the level of expected wages during the period
446-16 that the benefits are payable if:
446-17 (1) the employee is a minor, apprentice, trainee, or
446-18 student at the time of the injury;
446-19 (2) the employee's employment or earnings at the time
446-20 of the injury are limited primarily because of apprenticeship,
446-21 continuing formal training, or education intended to enhance the
446-22 employee's future wages; and
446-23 (3) the employee's wages would reasonably be expected
446-24 to change because of a change of employment during that period.
446-25 (b) An adjustment under Subsection (a) may not consider
446-26 expected wage levels for a period occurring after the third
446-27 anniversary of the date of the injury. (V.A.C.S. Art.
447-1 8308-4.10(e).)
447-2 Sec. 408.045. NONPECUNIARY WAGES. The commission may not
447-3 include nonpecuniary wages in computing an employee's average
447-4 weekly wage during a period in which the employer continues to
447-5 provide the nonpecuniary wages. (V.A.C.S. Art. 8308-4.10(i).)
447-6 Sec. 408.046. SIMILAR EMPLOYEES, SERVICES, OR EMPLOYMENT.
447-7 For purposes of this subchapter and Subchapter D, the determination
447-8 as to whether employees, services, or employment are the same or
447-9 similar must include consideration of:
447-10 (1) the training and experience of the employees;
447-11 (2) the nature of the work; and
447-12 (3) the number of hours normally worked. (V.A.C.S.
447-13 Art. 8308-4.10(h).)
447-14 Sec. 408.047. STATE AVERAGE WEEKLY WAGE. The state average
447-15 weekly wage equals the annual average of the average weekly wage of
447-16 manufacturing production workers in this state, as determined by
447-17 the Texas Employment Commission. (V.A.C.S. Art. 8308-4.11(b).)
447-18 (Sections 408.048-408.060 reserved for expansion)
447-19 SUBCHAPTER D. COMPUTATION OF BENEFITS
447-20 Sec. 408.061. MAXIMUM WEEKLY BENEFIT. (a) A weekly
447-21 temporary income benefit may not exceed 100 percent of the state
447-22 average weekly wage under Section 408.047 rounded to the nearest
447-23 whole dollar.
447-24 (b) A weekly impairment income benefit may not exceed 70
447-25 percent of the state average weekly wage rounded to the nearest
447-26 whole dollar.
447-27 (c) A weekly supplemental income benefit may not exceed 70
448-1 percent of the state average weekly wage rounded to the nearest
448-2 whole dollar.
448-3 (d) A weekly death benefit may not exceed 100 percent of the
448-4 state average weekly wage rounded to the nearest whole dollar.
448-5 (e) A lifetime income benefit may not exceed 100 percent of
448-6 the state average weekly wage rounded to the nearest whole dollar.
448-7 (f) The commission shall compute the maximum weekly income
448-8 benefits for each state fiscal year not later than the first day of
448-9 that year.
448-10 (g) The maximum weekly income benefit in effect on the date
448-11 of injury is applicable for the entire time that the benefit is
448-12 payable. (V.A.C.S. Arts. 8308-4.11(a), (c), (d).)
448-13 Sec. 408.062. MINIMUM WEEKLY INCOME BENEFIT. (a) The
448-14 minimum weekly income benefit is 15 percent of the state average
448-15 weekly wage as determined under Section 408.047, rounded to the
448-16 nearest whole dollar.
448-17 (b) The commission shall compute the minimum weekly income
448-18 benefit for each state fiscal year not later than the first day of
448-19 that year.
448-20 (c) The minimum weekly income benefit in effect on the date
448-21 of injury is applicable for the entire time that income benefits
448-22 are payable. (V.A.C.S. Art. 8308-4.12.)
448-23 Sec. 408.063. WAGE PRESUMPTIONS; ADMINISTRATIVE VIOLATION.
448-24 (a) To expedite the payment of income benefits, the commission may
448-25 by rule establish reasonable presumptions relating to the wages
448-26 earned by an employee, including the presumption that an employee's
448-27 last paycheck accurately reflects the employee's usual wage.
449-1 (b) Not later than the 30th day after the date the employer
449-2 receives notice of an injury to the employee, the employer shall
449-3 file a wage statement showing the amount of all wages paid to the
449-4 employee.
449-5 (c) An employer who fails to file a wage statement in
449-6 accordance with Subsection (b) commits a violation. A violation
449-7 under this subsection is a Class D administrative violation.
449-8 (V.A.C.S. Art. 8308-4.10(f).)
449-9 Sec. 408.064. INTEREST ON ACCRUED BENEFITS. (a) An order
449-10 to pay income or death benefits accrued but unpaid must include
449-11 interest on the amount of compensation due at the rate provided by
449-12 Section 401.023.
449-13 (b) Accrued but unpaid compensation and interest shall be
449-14 paid in a lump sum. (V.A.C.S. Art. 8308-4.13.)
449-15 (Sections 408.065-408.080 reserved for expansion)
449-16 SUBCHAPTER E. INCOME BENEFITS IN GENERAL
449-17 Sec. 408.081. INCOME BENEFITS. (a) An employee is entitled
449-18 to income benefits as provided in this chapter.
449-19 (b) Except as otherwise provided by this subtitle, income
449-20 benefits shall be paid weekly as and when they accrue without order
449-21 from the commission.
449-22 (c) An employee's entitlement to income benefits under this
449-23 chapter terminates on the death of the employee. An interest in
449-24 future income benefits does not survive after the employee's death.
449-25 (V.A.C.S. Art. 8308-4.21.)
449-26 Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS. (a)
449-27 Income benefits may not be paid under this subtitle for an injury
450-1 that does not result in disability for at least one week.
450-2 (b) If the disability begins immediately after the injury or
450-3 begins before the ninth day after the date of the injury, and
450-4 continues for longer than one week, weekly income benefits begin to
450-5 accrue on the eighth day after the date of the injury. If the
450-6 disability begins after the eighth day after the date of the
450-7 injury, and continues for longer than one week, weekly income
450-8 benefits begin to accrue on the eighth day after the date the
450-9 disability begins.
450-10 (c) If the disability continues for four weeks or longer
450-11 after the date it begins, compensation shall be computed from the
450-12 date the disability begins. (V.A.C.S. Art. 8308-4.22(a) (part),
450-13 (b), (c).)
450-14 Sec. 408.083. TERMINATION OF RIGHT TO TEMPORARY INCOME,
450-15 IMPAIRMENT INCOME, AND SUPPLEMENTAL INCOME BENEFITS. An employee's
450-16 eligibility for temporary income benefits, impairment income
450-17 benefits, and supplemental income benefits terminates on the
450-18 expiration of 401 weeks after the date of injury. (V.A.C.S. Art.
450-19 8308-4.29.)
450-20 Sec. 408.084. CONTRIBUTING INJURY. (a) At the request of
450-21 the insurance carrier, the commission may order that impairment
450-22 income benefits and supplemental income benefits be reduced in a
450-23 proportion equal to the proportion of a documented impairment that
450-24 resulted from earlier compensable injuries.
450-25 (b) The commission shall consider the cumulative impact of
450-26 the compensable injuries on the employee's overall impairment in
450-27 determining a reduction under this section.
451-1 (c) If the combination of the compensable injuries results
451-2 in an injury compensable under Section 408.161, the benefits for
451-3 that injury shall be paid as provided by Section 408.162.
451-4 (V.A.C.S. Art. 8308-4.30.)
451-5 Sec. 408.085. ADVANCE OF BENEFITS FOR HARDSHIP. (a) If
451-6 there is a likelihood that income benefits will be paid, the
451-7 commission may grant an employee suffering financial hardship
451-8 advances against the amount of income benefits to which the
451-9 employee may be entitled. An advance may be ordered before or
451-10 after the employee attains maximum medical improvement. An
451-11 insurance carrier shall pay the advance ordered.
451-12 (b) An employee must apply to the commission for an advance
451-13 on a form prescribed by the commission. The application must
451-14 describe the grounds for the advance.
451-15 (c) An advance under this section may not exceed an amount
451-16 equal to four times the maximum weekly benefit for temporary income
451-17 benefits as computed in Section 408.061. The commission may not
451-18 grant more than three advances to a particular employee based on
451-19 the same injury.
451-20 (d) The commission may not grant an advance to an employee
451-21 who is receiving, on the date of the application under Subsection
451-22 (b), at least 90 percent of the employee's net preinjury wages
451-23 under Section 408.003 or 408.129. (V.A.C.S. Art. 8308-4.32.)
451-24 Sec. 408.086. COMMISSION DETERMINATION OF EXTENDED
451-25 UNEMPLOYMENT OR UNDEREMPLOYMENT. (a) During the period that
451-26 impairment income benefits or supplemental income benefits are
451-27 being paid to an employee, the commission shall determine at least
452-1 annually whether any extended unemployment or underemployment is a
452-2 direct result of the employee's impairment.
452-3 (b) To make this determination, the commission may require
452-4 periodic reports from the employee and the insurance carrier and,
452-5 at the insurance carrier's expense, may require physical or other
452-6 examinations, vocational assessments, or other tests or diagnoses
452-7 necessary to perform its duty under this section and Subchapter H.
452-8 (V.A.C.S. Art. 8308-4.28(h).)
452-9 (Sections 408.087-408.100 reserved for expansion)
452-10 SUBCHAPTER F. TEMPORARY INCOME BENEFITS
452-11 Sec. 408.101. TEMPORARY INCOME BENEFITS. (a) An employee
452-12 is entitled to temporary income benefits if the employee has a
452-13 disability and has not attained maximum medical improvement.
452-14 (b) On the initiation of compensation as provided by Section
452-15 409.021, the insurance carrier shall pay temporary income benefits
452-16 as provided by this subchapter. (V.A.C.S. Art. 8308-4.23(a)
452-17 (part).)
452-18 Sec. 408.102. DURATION OF TEMPORARY INCOME BENEFITS. (a)
452-19 Temporary income benefits continue until the employee reaches
452-20 maximum medical improvement.
452-21 (b) The commission by rule shall establish a presumption
452-22 that maximum medical improvement has been reached based on a lack
452-23 of medical improvement in the employee's condition. (V.A.C.S.
452-24 Arts. 8308-4.23(b), (g).)
452-25 Sec. 408.103. AMOUNT OF TEMPORARY INCOME BENEFITS. (a)
452-26 Subject to Sections 408.061 and 408.062, the amount of a temporary
452-27 income benefit is equal to:
453-1 (1) 70 percent of the amount computed by subtracting
453-2 the employee's weekly earnings after the injury from the average
453-3 weekly wage; or
453-4 (2) for the first 26 weeks, 75 percent of the amount
453-5 computed by subtracting the employee's weekly earnings after the
453-6 injury from the employee's average weekly wage if the employee
453-7 earns less than $8.50 an hour.
453-8 (b) A temporary income benefit under Subsection (a)(2) may
453-9 not exceed the employee's actual earnings for the previous year.
453-10 It is presumed that the employee's actual earnings for the previous
453-11 year are equal to:
453-12 (1) the sum of the employee's wages as reported in the
453-13 most recent four quarterly wage reports to the Texas Employment
453-14 Commission divided by 52;
453-15 (2) the employee's wages in the single quarter of the
453-16 most recent four quarters in which the employee's earnings were
453-17 highest, divided by 13, if the commission finds that the employee's
453-18 most recent four quarters' earnings reported in the Texas
453-19 Employment Commission wage reports are not representative of the
453-20 employee's usual earnings; or
453-21 (3) the amount the commission determines from other
453-22 credible evidence to be the actual earnings for the previous year
453-23 if the Texas Employment Commission does not have a wage report
453-24 reflecting at least one quarter's earnings because the employee
453-25 worked outside the state during the previous year.
453-26 (c) A presumption under Subsection (b) may be rebutted by
453-27 other credible evidence of the employee's actual earnings.
454-1 (d) The Texas Employment Commission shall provide
454-2 information required under this section in the manner most
454-3 efficient for transferring the information.
454-4 (e) For purposes of Subsection (a), if an employee is
454-5 offered a bona fide position of employment that the employee is
454-6 reasonably capable of performing, given the physical condition of
454-7 the employee and the geographic accessibility of the position to
454-8 the employee, the employee's weekly earnings after the injury are
454-9 equal to the weekly wage for the position offered to the employee.
454-10 (V.A.C.S. Arts. 8308-4.23(c), (d), (e), (f).)
454-11 (Sections 408.104-408.120 reserved for expansion)
454-12 SUBCHAPTER G. IMPAIRMENT INCOME BENEFITS
454-13 Sec. 408.121. IMPAIRMENT INCOME BENEFITS. (a) An
454-14 employee's entitlement to impairment income benefits begins on the
454-15 day after the date the employee reaches maximum medical improvement
454-16 and ends on the earlier of:
454-17 (1) the date of expiration of the period computed by
454-18 multiplying the number of percentage points of the employee's
454-19 impairment rating by three weeks; or
454-20 (2) the date of the employee's death.
454-21 (b) The insurance carrier shall begin to pay impairment
454-22 income benefits not later than the fifth day after the date on
454-23 which the insurance carrier receives the doctor's report certifying
454-24 maximum medical improvement.
454-25 (c) If the insurance carrier disputes the impairment rating
454-26 used under Subsection (a), the carrier shall pay the employee
454-27 impairment income benefits for a period based on the carrier's
455-1 reasonable assessment of the correct rating. (V.A.C.S. Arts.
455-2 8308-4.26(c), (e), (f).)
455-3 Sec. 408.122. ELIGIBILITY FOR IMPAIRMENT INCOME BENEFITS.
455-4 (a) A claimant may not recover impairment income benefits unless
455-5 evidence of impairment based on an objective clinical or laboratory
455-6 finding exists. If the finding of impairment is made by a doctor
455-7 chosen by the claimant and the finding is contested, a designated
455-8 doctor or a doctor selected by the insurance carrier must be able
455-9 to confirm the objective clinical or laboratory finding on which
455-10 the finding of impairment is based.
455-11 (b) If a dispute exists as to whether the employee has
455-12 reached maximum medical improvement, the commission shall direct
455-13 the employee to be examined by a designated doctor chosen by mutual
455-14 agreement of the parties. If the parties are unable to agree on a
455-15 designated doctor, the commission shall direct the employee to be
455-16 examined by a designated doctor chosen by the commission. The
455-17 designated doctor shall report to the commission. The report of
455-18 the designated doctor has presumptive weight, and the commission
455-19 shall base its determination of whether the employee has reached
455-20 maximum medical improvement on the report unless the great weight
455-21 of the other medical evidence is to the contrary. (V.A.C.S. Art.
455-22 8308-4.25.)
455-23 Sec. 408.123. CERTIFICATION OF MAXIMUM MEDICAL IMPROVEMENT;
455-24 EVALUATION OF IMPAIRMENT RATING. (a) After an employee has been
455-25 certified by a doctor as having reached maximum medical
455-26 improvement, the certifying doctor shall evaluate the condition of
455-27 the employee and assign an impairment rating using the impairment
456-1 rating guidelines described by Section 408.124. If the
456-2 certification and evaluation are performed by a doctor other than
456-3 the employee's treating doctor, the certification and evaluation
456-4 shall be submitted to the treating doctor, and the treating doctor
456-5 shall indicate agreement or disagreement with the certification and
456-6 evaluation.
456-7 (b) A certifying doctor shall issue a written report
456-8 certifying that maximum medical improvement has been reached,
456-9 stating the employee's impairment rating, and providing any other
456-10 information required by the commission to:
456-11 (1) the commission;
456-12 (2) the employee; and
456-13 (3) the insurance carrier.
456-14 (c) If an employee is not certified as having reached
456-15 maximum medical improvement before the expiration of 102 weeks
456-16 after the date income benefits begin to accrue, the commission
456-17 shall notify the treating doctor of the requirements of this
456-18 subchapter. (V.A.C.S. Art. 8308-4.26(d).)
456-19 Sec. 408.124. IMPAIRMENT RATING GUIDELINES. (a) An award
456-20 of an impairment income benefit, whether by the commission or a
456-21 court, shall be made on an impairment rating determined using the
456-22 impairment rating guidelines described in this section.
456-23 (b) The commission shall use for determining the existence
456-24 and degree of an employee's impairment "Guides to the Evaluation of
456-25 Permanent Impairment," third edition, second printing, dated
456-26 February 1989, published by the American Medical Association.
456-27 (V.A.C.S. Arts. 8308-4.24, 8308-4.26(a).)
457-1 Sec. 408.125. DISPUTE AS TO IMPAIRMENT RATING. (a) If an
457-2 impairment rating is disputed, the commission shall direct the
457-3 employee to be examined by a designated doctor chosen by mutual
457-4 agreement of the parties.
457-5 (b) If the parties are unable to agree on a designated
457-6 doctor, the commission shall direct the employee to be examined by
457-7 a designated doctor chosen by the commission.
457-8 (c) The designated doctor shall report in writing to the
457-9 commission.
457-10 (d) If the designated doctor is chosen by the parties, the
457-11 commission shall adopt the impairment rating made by the designated
457-12 doctor.
457-13 (e) If the designated doctor is chosen by the commission,
457-14 the report of the designated doctor shall have presumptive weight,
457-15 and the commission shall base the impairment rating on that report
457-16 unless the great weight of the other medical evidence is to the
457-17 contrary. If the great weight of the medical evidence contradicts
457-18 the impairment rating contained in the report of the designated
457-19 doctor chosen by the commission, the commission shall adopt the
457-20 impairment rating of one of the other doctors. (V.A.C.S. Art.
457-21 8308-4.26(g).)
457-22 Sec. 408.126. AMOUNT OF IMPAIRMENT INCOME BENEFITS. Subject
457-23 to Sections 408.061 and 408.062, an impairment income benefit is
457-24 equal to 70 percent of the employee's average weekly wage.
457-25 (V.A.C.S. Art. 8308-4.26(b).)
457-26 Sec. 408.127. REDUCTION OF IMPAIRMENT INCOME BENEFITS. (a)
457-27 An insurance carrier shall reduce impairment income benefits to an
458-1 employee by an amount equal to employer payments made under Section
458-2 408.003(b) that are not reimbursed or reimbursable under that
458-3 section.
458-4 (b) The insurance carrier shall remit the amount of a
458-5 reduction under this section to the employer who made the payments.
458-6 (c) The commission shall adopt rules and forms to ensure the
458-7 full reporting and the accuracy of reductions and reimbursements
458-8 made under this section. (V.A.C.S. Art. 8308-4.06(e).)
458-9 Sec. 408.128. COMMUTATION OF IMPAIRMENT INCOME BENEFITS.
458-10 (a) An employee may elect to commute the remainder of the
458-11 impairment income benefits to which the employee is entitled if the
458-12 employee has returned to work for at least three months, earning at
458-13 least 80 percent of the employee's average weekly wage.
458-14 (b) An employee who elects to commute impairment income
458-15 benefits is not entitled to additional income benefits for the
458-16 compensable injury. (V.A.C.S. Art. 8308-4.27.)
458-17 Sec. 408.129. ACCELERATION OF IMPAIRMENT INCOME BENEFITS.
458-18 (a) On approval by the commission of a written request received
458-19 from an employee, an insurance carrier shall accelerate the payment
458-20 of impairment income benefits to the employee. The accelerated
458-21 payment may not exceed a rate of payment equal to that of the
458-22 employee's net preinjury wage.
458-23 (b) The commission shall approve the request and order the
458-24 acceleration of the benefits if the commission determines that the
458-25 acceleration is:
458-26 (1) required to relieve hardship; and
458-27 (2) in the overall best interest of the employee.
459-1 (c) The duration of the impairment income benefits to which
459-2 the employee is entitled shall be reduced to offset the increased
459-3 payments caused by the acceleration taking into consideration the
459-4 discount for present payment computed at the rate provided under
459-5 Section 401.023.
459-6 (d) The commission may prescribe forms necessary to
459-7 implement this section. (V.A.C.S. Art. 8308-4.321.)
459-8 (Sections 408.130-408.140 reserved for expansion)
459-9 SUBCHAPTER H. SUPPLEMENTAL INCOME BENEFITS
459-10 Sec. 408.141. AWARD OF SUPPLEMENTAL INCOME BENEFITS. An
459-11 award of a supplemental income benefit, whether by the commission
459-12 or a court, shall be made in accordance with this subchapter.
459-13 (V.A.C.S. Art. 8308-4.28(a).)
459-14 Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS. (a) An
459-15 employee is entitled to supplemental income benefits if on the
459-16 expiration of the impairment income benefit period computed under
459-17 Section 408.121(a)(1) the employee:
459-18 (1) has an impairment rating of 15 percent or more
459-19 from the compensable injury;
459-20 (2) has not returned to work or has returned to work
459-21 earning less than 80 percent of the employee's average weekly wage
459-22 as a direct result of the employee's impairment;
459-23 (3) has not elected to commute a portion of the
459-24 impairment income benefit under Section 408.128; and
459-25 (4) has attempted in good faith to obtain employment
459-26 commensurate with the employee's ability to work.
459-27 (b) If an employee is not entitled to supplemental income
460-1 benefits at the time of payment of the final impairment income
460-2 benefit because the employee is earning at least 80 percent of the
460-3 employee's average weekly wage, the employee may become entitled to
460-4 supplemental income benefits at any time within one year after the
460-5 date the impairment income benefit period ends if:
460-6 (1) the employee earns wages for at least 90 days that
460-7 are less than 80 percent of the employee's average weekly wage;
460-8 (2) the employee meets the requirements of Subsections
460-9 (a)(1), (3), and (4); and
460-10 (3) the decrease in earnings is a direct result of the
460-11 employee's impairment from the compensable injury. (V.A.C.S. Arts.
460-12 8308-4.28(b), (c).)
460-13 Sec. 408.143. EMPLOYEE STATEMENT. (a) After the
460-14 commission's initial determination of supplemental income benefits,
460-15 the employee must file a statement with the insurance carrier
460-16 stating:
460-17 (1) that the employee has earned less than 80 percent
460-18 of the employee's average weekly wage as a direct result of the
460-19 employee's impairment;
460-20 (2) the amount of wages the employee earned in the
460-21 filing period provided by Subsection (b); and
460-22 (3) that the employee has in good faith sought
460-23 employment commensurate with the employee's ability to work.
460-24 (b) The statement required under this section must be filed
460-25 quarterly on a form and in the manner provided by the commission.
460-26 The commission may modify the filing period as appropriate to an
460-27 individual case.
461-1 (c) Failure to file a statement under this section relieves
461-2 the insurance carrier of liability for supplemental income benefits
461-3 for the period during which a statement is not filed. (V.A.C.S.
461-4 Art. 8308-4.28(k).)
461-5 Sec. 408.144. COMPUTATION OF SUPPLEMENTAL INCOME BENEFITS.
461-6 (a) Supplemental income benefits are calculated quarterly and paid
461-7 monthly.
461-8 (b) Subject to Section 408.061, the amount of a supplemental
461-9 income benefit for a week is equal to 80 percent of the amount
461-10 computed by subtracting the average weekly wage the employee earned
461-11 during the reporting period provided by Section 408.143(b) from 80
461-12 percent of the employee's average weekly wage determined under
461-13 Section 408.041.
461-14 (c) For the purposes of this subchapter, if an employee is
461-15 offered a bona fide position of employment that the employee is
461-16 capable of performing, given the physical condition of the employee
461-17 and the geographic accessibility of the position to the employee,
461-18 the employee's weekly wages are considered to be equal to the
461-19 weekly wages for the position offered to the employee. (V.A.C.S.
461-20 Arts. 8308-4.28(m) (part), (n).)
461-21 Sec. 408.145. PAYMENT OF SUPPLEMENTAL INCOME BENEFITS. An
461-22 insurance carrier shall pay supplemental income benefits beginning
461-23 not later than the seventh day after the expiration date of the
461-24 employee's impairment income benefit period and shall continue to
461-25 pay the benefits in a timely manner. (V.A.C.S. Art.
461-26 8308-4.28(l)(1) (part).)
461-27 Sec. 408.146. TERMINATION OF SUPPLEMENTAL INCOME BENEFITS;
462-1 REINITIATION. (a) If an employee earns wages that are at least 80
462-2 percent of the employee's average weekly wage for at least 90 days
462-3 during a time that the employee receives supplemental income
462-4 benefits, the employee ceases to be entitled to supplemental income
462-5 benefits for the filing period.
462-6 (b) Supplemental income benefits terminated under this
462-7 section shall be reinitiated when the employee:
462-8 (1) satisfies the conditions of Section 408.142(b);
462-9 and
462-10 (2) files the statement required under Section
462-11 408.143.
462-12 (c) An employee who is not entitled to supplemental income
462-13 benefits for 12 consecutive months ceases to be entitled to any
462-14 additional income benefits for the compensable injury. (V.A.C.S.
462-15 Arts. 8308-4.28(d), (e), (f).)
462-16 Sec. 408.147. CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY
462-17 INSURANCE CARRIER; ATTORNEY'S FEES. (a) An insurance carrier may
462-18 request a benefit review conference to contest an employee's
462-19 entitlement to supplemental income benefits or the amount of
462-20 supplemental income benefits.
462-21 (b) If an insurance carrier fails to make a request for a
462-22 benefit review conference within 10 days after the date of the
462-23 expiration of the impairment income benefit period or within 10
462-24 days after receipt of the employee's statement, the insurance
462-25 carrier waives the right to contest entitlement to supplemental
462-26 income benefits and the amount of supplemental income benefits for
462-27 that period of supplemental income benefits.
463-1 (c) If an insurance carrier disputes a commission
463-2 determination that an employee is entitled to supplemental income
463-3 benefits or the amount of supplemental income benefits due and the
463-4 employee prevails on any disputed issue, the insurance carrier is
463-5 liable for reasonable and necessary attorney's fees incurred by the
463-6 employee as a result of the insurance carrier's dispute and for
463-7 supplemental income benefits accrued but not paid and interest on
463-8 that amount, according to Section 408.064. Attorney's fees awarded
463-9 under this subsection are not subject to Sections 408.221(b) and
463-10 (e). (V.A.C.S. Arts. 8308-4.28(l)(1) (part), (2).)
463-11 Sec. 408.148. EMPLOYEE DISCHARGE AFTER TERMINATION. The
463-12 commission may reinstate benefits to an employee who is discharged
463-13 within 12 months of the date of losing entitlement to supplemental
463-14 income benefits under Section 408.146(c) if the commission finds
463-15 that the employee was discharged at that time with the intent to
463-16 deprive the employee of supplemental income benefits. (V.A.C.S.
463-17 Art. 8308-4.28(g).)
463-18 Sec. 408.149. STATUS REVIEW; BENEFIT REVIEW CONFERENCE.
463-19 (a) Not more than once in each period of 12 calendar months, an
463-20 employee and an insurance carrier each may request the commission
463-21 to review the status of the employee and determine whether the
463-22 employee's unemployment or underemployment is a direct result of
463-23 impairment from the compensable injury.
463-24 (b) Either party may request a benefit review conference to
463-25 contest a determination of the commission at any time, subject only
463-26 to the limits placed on the insurance carrier by Section 408.147.
463-27 (V.A.C.S. Art. 8308-4.28(i).)
464-1 Sec. 408.150. VOCATIONAL REHABILITATION. (a) The
464-2 commission shall refer an employee to the Texas Rehabilitation
464-3 Commission with a recommendation for appropriate services if the
464-4 commission determines that an employee entitled to supplemental
464-5 income benefits could be materially assisted by vocational
464-6 rehabilitation or training in returning to employment or returning
464-7 to employment more nearly approximating the employee's preinjury
464-8 employment.
464-9 (b) An employee who refuses services or refuses to cooperate
464-10 with services provided under this section loses entitlement to
464-11 supplementary income benefits. (V.A.C.S. Art. 8308-4.28(j).)
464-12 (Sections 408.151-408.160 reserved for expansion)
464-13 SUBCHAPTER I. LIFETIME INCOME BENEFITS
464-14 Sec. 408.161. LIFETIME INCOME BENEFITS. (a) Lifetime
464-15 income benefits are paid until the death of the employee for:
464-16 (1) total and permanent loss of sight in both eyes;
464-17 (2) loss of both feet at or above the ankle;
464-18 (3) loss of both hands at or above the wrist;
464-19 (4) loss of one foot at or above the ankle and the
464-20 loss of one hand at or above the wrist;
464-21 (5) an injury to the spine that results in permanent
464-22 and complete paralysis of both arms, both legs, or one arm and one
464-23 leg; or
464-24 (6) an injury to the skull resulting in incurable
464-25 mental illness or mental retardation.
464-26 (b) For purposes of Subsection (a), the total and permanent
464-27 loss of use of a body part is the loss of that body part.
465-1 (c) Subject to Section 408.061, the amount of lifetime
465-2 income benefits is equal to 75 percent of the employee's average
465-3 weekly wage. Benefits being paid shall be increased at a rate of
465-4 three percent a year notwithstanding Section 408.061. (V.A.C.S.
465-5 Arts. 8308-4.31(a), (b), (c).)
465-6 Sec. 408.162. SUBSEQUENT INJURY FUND BENEFITS. (a) If a
465-7 subsequent compensable injury, with the effects of a previous
465-8 injury, results in a condition for which the injured employee is
465-9 entitled to lifetime income benefits, the insurance carrier is
465-10 liable for the payment of benefits for the subsequent injury only
465-11 to the extent that the subsequent injury would have entitled the
465-12 employee to benefits had the previous injury not existed.
465-13 (b) The subsequent injury fund shall compensate the employee
465-14 for the remainder of the lifetime income benefits to which the
465-15 employee is entitled. (V.A.C.S. Art. 8308-4.47.)
465-16 (Sections 408.163-408.180 reserved for expansion)
465-17 SUBCHAPTER J. DEATH AND BURIAL BENEFITS
465-18 Sec. 408.181. DEATH BENEFITS. (a) An insurance carrier
465-19 shall pay death benefits to the legal beneficiary if a compensable
465-20 injury to the employee results in death.
465-21 (b) Subject to Section 408.061, the amount of a death
465-22 benefit is equal to 75 percent of the employee's average weekly
465-23 wage. (V.A.C.S. Art. 8308-4.41.)
465-24 Sec. 408.182. DISTRIBUTION OF DEATH BENEFITS. (a) If there
465-25 is an eligible child or grandchild and an eligible spouse, half of
465-26 the death benefits shall be paid to the eligible spouse and half
465-27 shall be paid in equal shares to the eligible children. If an
466-1 eligible child has predeceased the employee, death benefits that
466-2 would have been paid to that child shall be paid in equal shares
466-3 per stirpes to the children of the deceased child.
466-4 (b) If there is an eligible spouse and no eligible child or
466-5 grandchild, all the death benefits shall be paid to the eligible
466-6 spouse.
466-7 (c) If there is an eligible child or grandchild and no
466-8 eligible spouse, the death benefits shall be paid to the eligible
466-9 children or grandchildren.
466-10 (d) If there is no eligible spouse, no eligible child, and
466-11 no eligible grandchild, the death benefits shall be paid in equal
466-12 shares to surviving dependents of the deceased employee who are
466-13 parents, stepparents, siblings, or grandparents of the deceased.
466-14 (e) If an employee is not survived by legal beneficiaries,
466-15 the death benefits shall be paid to the subsequent injury fund
466-16 under Section 403.007.
466-17 (f) In this section:
466-18 (1) "Eligible child" means a child of a deceased
466-19 employee if the child is:
466-20 (A) a minor;
466-21 (B) enrolled as a full-time student in an
466-22 accredited educational institution and is less than 25 years of
466-23 age; or
466-24 (C) a dependent of the deceased employee at the
466-25 time of the employee's death.
466-26 (2) "Eligible grandchild" means a grandchild of a
466-27 deceased employee who is a dependent of the deceased employee and
467-1 whose parent is not an eligible child.
467-2 (3) "Eligible spouse" means the surviving spouse of a
467-3 deceased employee unless the spouse abandoned the employee for
467-4 longer than the year preceding the death without good cause, as
467-5 determined by the commission. (V.A.C.S. Arts. 8308-4.42(b), (c),
467-6 (d), (e), (f), (g).)
467-7 Sec. 408.183. DURATION OF DEATH BENEFITS. (a) Entitlement
467-8 to death benefits begins on the day after the date of an employee's
467-9 death.
467-10 (b) An eligible spouse is entitled to receive death benefits
467-11 for life or until remarriage. On remarriage, the eligible spouse
467-12 is entitled to receive 104 weeks of death benefits, commuted as
467-13 provided by commission rule.
467-14 (c) A child who is eligible for death benefits because the
467-15 child is a minor on the date of the employee's death is entitled to
467-16 receive benefits until the child attains the age of 18.
467-17 (d) A child eligible for death benefits under Subsection (c)
467-18 who at age 18 is enrolled as a full-time student in an accredited
467-19 educational institution or a child who is eligible for death
467-20 benefits because on the date of the employee's death the child is
467-21 enrolled as a full-time student in an accredited educational
467-22 institution is entitled to receive or to continue to receive, as
467-23 appropriate, benefits until the earliest of:
467-24 (1) the date the child ceases, for a second
467-25 consecutive semester, to be enrolled as a full-time student in an
467-26 accredited educational institution;
467-27 (2) the date the child attains the age of 25; or
468-1 (3) the date the child dies.
468-2 (e) A child who is eligible for death benefits because the
468-3 child is a dependent of the deceased employee on the date of the
468-4 employee's death is entitled to receive benefits until the earlier
468-5 of:
468-6 (1) the date the child dies; or
468-7 (2) if the child is dependent:
468-8 (A) because the child is an individual with a
468-9 physical or mental disability, the date the child no longer has the
468-10 disability; or
468-11 (B) because of a reason other than a physical or
468-12 mental disability, the date of the expiration of 364 weeks of death
468-13 benefit payments.
468-14 (f) An eligible grandchild is entitled to receive death
468-15 benefits until the earlier of:
468-16 (1) the date the grandchild dies; or
468-17 (2) if the grandchild is:
468-18 (A) a minor at the time of the employee's death,
468-19 the date the grandchild ceases to be a minor; or
468-20 (B) not a minor at the time of the employee's
468-21 death, the date of the expiration of 364 weeks of death benefit
468-22 payments.
468-23 (g) Any other person entitled to death benefits is entitled
468-24 to receive death benefits until the earlier of:
468-25 (1) the date the person dies; or
468-26 (2) the date of the expiration of 364 weeks of death
468-27 benefit payments. (V.A.C.S. Art. 8308-4.43.)
469-1 Sec. 408.184. REDISTRIBUTION OF DEATH BENEFITS. (a) If a
469-2 legal beneficiary dies or otherwise becomes ineligible for death
469-3 benefits, benefits shall be redistributed to the remaining legal
469-4 beneficiaries as provided by Sections 408.182 and 408.183.
469-5 (b) If a spouse ceases to be eligible because of remarriage,
469-6 the benefits payable to the remaining legal beneficiaries remain
469-7 constant for 104 weeks. After the 104th week, the spouse's share
469-8 of benefits shall be redistributed as provided by Sections 408.182
469-9 and 408.183.
469-10 (c) If all legal beneficiaries, other than the subsequent
469-11 injury fund, cease to be eligible and the insurance carrier has not
469-12 made 364 weeks of full death benefit payments, including the
469-13 remarriage payment, the insurance carrier shall pay to the
469-14 subsequent injury fund an amount computed by subtracting the total
469-15 amount paid from the amount that would be paid for 364 weeks of
469-16 death benefits. (V.A.C.S. Art. 8308-4.44.)
469-17 Sec. 408.185. EFFECT OF BENEFICIARY DISPUTE; ATTORNEY'S
469-18 FEES. On settlement of a case in which the insurance carrier
469-19 admits liability for death benefits but a dispute exists as to the
469-20 proper beneficiary or beneficiaries, the settlement shall be paid
469-21 in periodic payments as provided by law, with a reasonable
469-22 attorney's fee not to exceed 25 percent of the settlement, paid
469-23 periodically, and based on time and expenses. (V.A.C.S. Art.
469-24 8308-4.45(b).)
469-25 Sec. 408.186. BURIAL BENEFITS. (a) If the death of an
469-26 employee results from a compensable injury, the insurance carrier
469-27 shall pay to the person who incurred liability for the costs of
470-1 burial the lesser of:
470-2 (1) the actual costs incurred for reasonable burial
470-3 expenses; or
470-4 (2) $2,500.
470-5 (b) If the employee died away from the employee's usual
470-6 place of employment, the insurance carrier shall pay the reasonable
470-7 cost of transporting the body, not to exceed the cost of
470-8 transporting the body to the employee's usual place of employment.
470-9 (V.A.C.S. Art. 8308-4.46.)
470-10 Sec. 408.187. AUTOPSY. (a) If in a claim for death
470-11 benefits based on an occupational disease an autopsy is necessary
470-12 to determine the cause of death, the commission may, after
470-13 opportunity for hearing, order the legal beneficiaries of a
470-14 deceased employee to permit an autopsy.
470-15 (b) A legal beneficiary is entitled to have a representative
470-16 present at an autopsy ordered under this section.
470-17 (c) The commission shall require the insurance carrier to
470-18 pay the costs of a procedure ordered under this section. (V.A.C.S.
470-19 Art. 8308-4.48.)
470-20 (Sections 408.188-408.200 reserved for expansion)
470-21 SUBCHAPTER K. PROTECTION OF RIGHTS TO BENEFITS
470-22 Sec. 408.201. BENEFITS EXEMPT FROM LEGAL PROCESS. Benefits
470-23 are exempt from:
470-24 (1) garnishment;
470-25 (2) attachment;
470-26 (3) judgment; and
470-27 (4) other actions or claims. (V.A.C.S.
471-1 Art. 8308-4.07(a).)
471-2 Sec. 408.202. ASSIGNABILITY OF BENEFITS. Benefits are not
471-3 assignable, except a legal beneficiary may, with commission
471-4 approval, assign the right to death benefits. (V.A.C.S. Arts.
471-5 8308-4.07(b), (c).)
471-6 Sec. 408.203. Allowable Liens. (a) An income or death
471-7 benefit is subject only to the following lien or claim, to the
471-8 extent the benefit is unpaid on the date the insurance carrier
471-9 receives written notice of the lien or claim, in the following
471-10 order of priority:
471-11 (1) an attorney's fee for representing an employee or
471-12 legal beneficiary in a matter arising under this subtitle;
471-13 (2) court-ordered child support; or
471-14 (3) a subrogation interest established under this
471-15 subtitle.
471-16 (b) A benefit that is subject to payment of court-ordered
471-17 child support shall be paid as required by:
471-18 (1) an order withholding income under Section 14.43,
471-19 Family Code; or
471-20 (2) a writ of income withholding under Section 14.45,
471-21 Family Code. (V.A.C.S. Art. 8308-4.08.)
471-22 (Sections 408.204-408.220 reserved for expansion)
471-23 SUBCHAPTER L. ATTORNEY'S FEES IN WORKERS' COMPENSATION
471-24 BENEFIT MATTERS
471-25 Sec. 408.221. ATTORNEY'S FEES PAID TO CLAIMANT'S COUNSEL.
471-26 (a) An attorney's fee, including a contingency fee, for
471-27 representing a claimant before the commission or court under this
472-1 subtitle must be approved by the commission or court.
472-2 (b) Except as otherwise provided, an attorney's fee under
472-3 this section is based on the attorney's time and expenses according
472-4 to written evidence presented to the commission or court. Except
472-5 as provided by Section 408.147(c), the attorney's fee shall be paid
472-6 from the claimant's recovery.
472-7 (c) In approving an attorney's fee under this section, the
472-8 commission or court shall consider:
472-9 (1) the time and labor required;
472-10 (2) the novelty and difficulty of the questions
472-11 involved;
472-12 (3) the skill required to perform the legal services
472-13 properly;
472-14 (4) the fee customarily charged in the locality for
472-15 similar legal services;
472-16 (5) the amount involved in the controversy;
472-17 (6) the benefits to the claimant that the attorney is
472-18 responsible for securing; and
472-19 (7) the experience and ability of the attorney
472-20 performing the services.
472-21 (d) The commission by rule or the court may provide for the
472-22 commutation of an attorney's fee, except that the attorney's fee
472-23 shall be paid in periodic payments in a claim involving death
472-24 benefits if the only dispute is as to the proper beneficiary or
472-25 beneficiaries.
472-26 (e) The commission by rule shall provide guidelines for
472-27 maximum attorney's fees for specific services in accordance with
473-1 this section. An attorney's fee may not exceed 25 percent of the
473-2 claimant's recovery.
473-3 (f) An attorney's fee may not be allowed in a case involving
473-4 a fatal injury or lifetime income benefit if the insurance carrier
473-5 admits liability on all issues and tenders payment of maximum
473-6 benefits in writing under this subtitle while the claim is pending
473-7 before the commission.
473-8 (g) An attorney's fee shall be paid to the attorney by
473-9 separate draft. (V.A.C.S. Art. 8308-4.09.)
473-10 Sec. 408.222. Attorney's Fees Paid to Defense Counsel. (a)
473-11 An attorney's fee for defending an insurance carrier in a workers'
473-12 compensation action brought under this subtitle must be approved by
473-13 the commission or court and determined by the commission or court
473-14 to be reasonable and necessary.
473-15 (b) In determining whether a fee is reasonable under this
473-16 section, the commission or court shall consider issues analogous to
473-17 those listed under Section 408.221(c). The defense counsel shall
473-18 present written evidence to the commission or court relating to:
473-19 (1) the time spent and expenses incurred in defending
473-20 the case; and
473-21 (2) other evidence considered necessary by the
473-22 commission or court in making a determination under this section.
473-23 (V.A.C.S. Art. 8308-4.091.)
473-24 CHAPTER 409. COMPENSATION PROCEDURES
473-25 SUBCHAPTER A. INJURY REPORTS, CLAIMS, AND RECORDS
473-26 Sec. 409.001. NOTICE OF INJURY TO EMPLOYER
473-27 Sec. 409.002. FAILURE TO FILE NOTICE OF INJURY
474-1 Sec. 409.003. CLAIM FOR COMPENSATION
474-2 Sec. 409.004. FAILURE TO FILE CLAIM FOR COMPENSATION
474-3 Sec. 409.005. EMPLOYER REPORT OF INJURY; ADMINISTRATIVE
474-4 VIOLATION
474-5 Sec. 409.006. RECORD OF INJURIES; ADMINISTRATIVE
474-6 VIOLATION
474-7 Sec. 409.007. DEATH BENEFIT CLAIMS
474-8 Sec. 409.008. FAILURE TO FILE EMPLOYER REPORT OF INJURY;
474-9 LIMITATIONS TOLLED
474-10 Sec. 409.009. SUBCLAIMS
474-11 Sec. 409.010. INFORMATION PROVIDED TO EMPLOYEE OR LEGAL
474-12 BENEFICIARY
474-13 Sec. 409.011. INFORMATION PROVIDED TO EMPLOYER; EMPLOYER'S
474-14 RIGHTS
474-15 Sec. 409.012. VOCATIONAL REHABILITATION INFORMATION
474-16 (Sections 409.013-409.020 reserved for expansion)
474-17 SUBCHAPTER B. PAYMENT OF BENEFITS
474-18 Sec. 409.021. INITIATION OF BENEFITS; ADMINISTRATIVE
474-19 VIOLATION
474-20 Sec. 409.022. REFUSAL TO PAY BENEFITS; NOTICE;
474-21 ADMINISTRATIVE VIOLATION
474-22 Sec. 409.023. PAYMENT OF BENEFITS; ADMINISTRATIVE
474-23 VIOLATION
474-24 Sec. 409.024. TERMINATION OR REDUCTION OF BENEFITS;
474-25 NOTICE; ADMINISTRATIVE VIOLATION
474-26 (Sections 409.025-409.040 reserved for expansion)
474-27 SUBCHAPTER C. OMBUDSMAN PROGRAM
475-1 Sec. 409.041. OMBUDSMAN PROGRAM; ADMINISTRATIVE VIOLATION
475-2 Sec. 409.042. PUBLIC INFORMATION
475-3 CHAPTER 409. COMPENSATION PROCEDURES
475-4 SUBCHAPTER A. INJURY REPORTS, CLAIMS, AND RECORDS
475-5 Sec. 409.001. NOTICE OF INJURY TO EMPLOYER. (a) An
475-6 employee or a person acting on the employee's behalf shall notify
475-7 the employer of the employee of an injury not later than the 30th
475-8 day after the date on which:
475-9 (1) the injury occurs; or
475-10 (2) if the injury is an occupational disease, the
475-11 employee knew or should have known that the injury may be related
475-12 to the employment.
475-13 (b) The notice required under Subsection (a) may be given
475-14 to:
475-15 (1) the employer; or
475-16 (2) an employee of the employer who holds a
475-17 supervisory or management position.
475-18 (c) If the injury is an occupational disease, for purposes
475-19 of this section, the employer is the person who employed the
475-20 employee on the date of last injurious exposure to the hazards of
475-21 the disease. (V.A.C.S. Arts. 8308-5.01(a), (c), (d).)
475-22 Sec. 409.002. FAILURE TO FILE NOTICE OF INJURY. Failure to
475-23 notify an employer as required by Section 409.001(a) relieves the
475-24 employer and the employer's insurance carrier of liability under
475-25 this subtitle unless:
475-26 (1) the employer, a person eligible to receive notice
475-27 under Section 409.001(b), or the employer's insurance carrier has
476-1 actual knowledge of the employee's injury;
476-2 (2) the commission determines that good cause exists
476-3 for failure to provide notice in a timely manner; or
476-4 (3) the employer or the employer's insurance carrier
476-5 does not contest the claim. (V.A.C.S. Art. 8308-5.02.)
476-6 Sec. 409.003. CLAIM FOR COMPENSATION. An employee or a
476-7 person acting on the employee's behalf shall file with the
476-8 commission a claim for compensation for an injury not later than
476-9 one year after the date on which:
476-10 (1) the injury occurred; or
476-11 (2) if the injury is an occupational disease, the
476-12 employee knew or should have known that the disease was related to
476-13 the employee's employment. (V.A.C.S. Art. 8308-5.01(b).)
476-14 Sec. 409.004. FAILURE TO FILE CLAIM FOR COMPENSATION.
476-15 Failure to file a claim for compensation with the commission as
476-16 required under Section 409.003 relieves the employer and the
476-17 employer's insurance carrier of liability under this subtitle
476-18 unless:
476-19 (1) good cause exists for failure to file a claim in a
476-20 timely manner; or
476-21 (2) the employer or the employer's insurance carrier
476-22 does not contest the claim. (V.A.C.S. Art. 8308-5.03.)
476-23 Sec. 409.005. EMPLOYER REPORT OF INJURY; ADMINISTRATIVE
476-24 VIOLATION. (a) An employer shall file a written report with the
476-25 commission and the employer's insurance carrier if:
476-26 (1) an injury results in the absence of an employee of
476-27 that employer from work for more than one day; or
477-1 (2) an employee of the employer notifies that employer
477-2 of an occupational disease under Section 409.001.
477-3 (b) The report must be mailed or delivered to the commission
477-4 and the insurance carrier not later than the eighth day after:
477-5 (1) the first day of the employee's absence from work
477-6 due to an injury; or
477-7 (2) the day on which the employer receives notice
477-8 under Section 409.001 that the employee has contracted an
477-9 occupational disease.
477-10 (c) A report required under this section may not be
477-11 considered to be an admission by or evidence against an employer or
477-12 an insurance carrier in a proceeding before the commission or a
477-13 court in which the facts set out in the report are contradicted by
477-14 the employer or insurance carrier.
477-15 (d) The commission may adopt rules relating to the
477-16 information that must be contained in a report required under this
477-17 section.
477-18 (e) An employer shall file subsequent reports as required by
477-19 commission rule.
477-20 (f) A person commits a violation if the person fails to
477-21 comply with this section unless good cause exists. A violation
477-22 under this subsection is a Class D administrative violation.
477-23 (V.A.C.S. Arts. 8308-5.05(a), (b) (part), (c), (d), (e).)
477-24 Sec. 409.006. RECORD OF INJURIES; ADMINISTRATIVE VIOLATION.
477-25 (a) An employer shall maintain a record of each employee injury as
477-26 reported by an employee or otherwise made known to the employer.
477-27 (b) The record shall be available to the commission at
478-1 reasonable times and under conditions prescribed by the commission.
478-2 (c) The commission may adopt rules relating to the
478-3 information that must be contained in an employer record under this
478-4 section.
478-5 (d) Information contained in a record maintained under this
478-6 section is not an admission by the employer that:
478-7 (1) the injury did in fact occur; or
478-8 (2) a fact maintained in the record is true.
478-9 (e) A person commits a violation if the person fails to
478-10 comply with this section. A violation under this subsection is a
478-11 Class D administrative violation. (V.A.C.S. Art. 8308-5.04.)
478-12 Sec. 409.007. DEATH BENEFIT CLAIMS. (a) A person must file
478-13 a claim for death benefits with the commission not later than the
478-14 first anniversary of the date of the employee's death.
478-15 (b) Failure to file in the time required by Subsection (a)
478-16 bars the claim unless:
478-17 (1) the person is a minor or incompetent; or
478-18 (2) good cause exists for the failure to file a claim
478-19 under this section.
478-20 (c) A separate claim must be filed for each legal
478-21 beneficiary unless the claim expressly includes or is made on
478-22 behalf of another person. (V.A.C.S. Art. 8308-5.07.)
478-23 Sec. 409.008. FAILURE TO FILE EMPLOYER REPORT OF INJURY;
478-24 LIMITATIONS TOLLED. If an employer or the employer's insurance
478-25 carrier has been given notice or has knowledge of an injury to or
478-26 the death of an employee and the report under Section 409.005 has
478-27 not been filed, the period for filing a claim for compensation
479-1 under Sections 409.003 and 409.007 does not begin to run against
479-2 the claim of an injured employee or a legal beneficiary until the
479-3 day on which the report required under Section 409.005 has been
479-4 furnished. (V.A.C.S. Art. 8308-5.06.)
479-5 Sec. 409.009. SUBCLAIMS. A person may file a written claim
479-6 with the commission as a subclaimant if the person has:
479-7 (1) provided compensation, including health care
479-8 provided by a health care insurer, directly or indirectly, to or
479-9 for an employee or legal beneficiary; and
479-10 (2) sought and been refused reimbursement from the
479-11 insurance carrier. (V.A.C.S. Arts. 8308-1.03(44), 8308-5.08.)
479-12 Sec. 409.010. INFORMATION PROVIDED TO EMPLOYEE OR LEGAL
479-13 BENEFICIARY. Immediately on receiving notice of an injury or death
479-14 from any person, the commission shall mail to the employee or legal
479-15 beneficiary a clear and concise description of:
479-16 (1) the services provided by the commission, including
479-17 the services of the ombudsman program;
479-18 (2) the commission's procedures; and
479-19 (3) the person's rights and responsibilities under
479-20 this subtitle. (V.A.C.S. Art. 8308-5.09.)
479-21 Sec. 409.011. INFORMATION PROVIDED TO EMPLOYER; EMPLOYER'S
479-22 RIGHTS. (a) Immediately on receiving notice of an injury or death
479-23 from any person, the commission shall mail to the employer a
479-24 description of:
479-25 (1) the services provided by the commission;
479-26 (2) the commission's procedures; and
479-27 (3) the employer's rights and responsibilities under
480-1 this subtitle.
480-2 (b) The information must include a clear statement of the
480-3 following rights of the employer:
480-4 (1) the right to be present at all administrative
480-5 proceedings relating to an employee's claim;
480-6 (2) the right to present relevant evidence relating to
480-7 an employee's claim at any proceeding;
480-8 (3) the right to report suspected fraud;
480-9 (4) the right to contest the compensability of an
480-10 injury if the insurance carrier accepts liability for the payment
480-11 of benefits;
480-12 (5) the right to receive notice, after making a
480-13 written request to the insurance carrier, of:
480-14 (A) a proposal to settle a claim; or
480-15 (B) an administrative or a judicial proceeding
480-16 relating to the resolution of a claim; and
480-17 (6) the right to contest the failure of the insurance
480-18 carrier to provide accident prevention services under Subchapter E,
480-19 Chapter 411.
480-20 (c) The commission is not required to provide the
480-21 information to an employer more than once during a calendar year.
480-22 (V.A.C.S. Art. 8308-5.10.)
480-23 Sec. 409.012. VOCATIONAL REHABILITATION INFORMATION. (a)
480-24 The commission shall analyze each report of injury received from an
480-25 employer under this chapter to determine whether the injured
480-26 employee would be assisted by vocational rehabilitation.
480-27 (b) If the commission determines that an injured employee
481-1 would be assisted by vocational rehabilitation, the commission
481-2 shall notify the injured employee in writing of the services and
481-3 facilities available through the Texas Rehabilitation Commission
481-4 and private providers of vocational rehabilitation. The commission
481-5 shall notify the Texas Rehabilitation Commission and the affected
481-6 insurance carrier that the injured employee has been identified as
481-7 one who could be assisted by vocational rehabilitation.
481-8 (c) The commission shall cooperate with the Texas
481-9 Rehabilitation Commission and private providers of vocational
481-10 rehabilitation in the provision of services and facilities to
481-11 employees by the Texas Rehabilitation Commission.
481-12 (d) A private provider of vocational rehabilitation services
481-13 may register with the commission. (V.A.C.S. Art. 8308-5.11.)
481-14 (Sections 409.013-409.020 reserved for expansion)
481-15 SUBCHAPTER B. PAYMENT OF BENEFITS
481-16 Sec. 409.021. INITIATION OF BENEFITS; ADMINISTRATIVE
481-17 VIOLATION. (a) Not later than the seventh day after the date on
481-18 which an insurance carrier receives written notice of an injury,
481-19 the insurance carrier shall:
481-20 (1) begin the payment of benefits as required by this
481-21 subtitle; or
481-22 (2) notify the commission and the employee in writing
481-23 of its refusal to pay and advise the employee of:
481-24 (A) the right to request a benefit review
481-25 conference; and
481-26 (B) the means to obtain additional information
481-27 from the commission.
482-1 (b) An insurance carrier shall notify the commission in
482-2 writing of the initiation of income or death benefit payments in
482-3 the manner prescribed by commission rules.
482-4 (c) If an insurance carrier does not contest the
482-5 compensability of an injury on or before the 60th day after the
482-6 date on which the insurance carrier is notified of the injury, the
482-7 insurance carrier waives its right to contest compensability. The
482-8 initiation of payments by an insurance carrier does not affect the
482-9 right of the insurance carrier to continue to investigate or deny
482-10 the compensability of an injury during the 60-day period.
482-11 (d) An insurance carrier may reopen the issue of the
482-12 compensability of an injury if there is a finding of evidence that
482-13 could not reasonably have been discovered earlier.
482-14 (e) An insurance carrier commits a violation if the
482-15 insurance carrier does not initiate payments or file a notice of
482-16 refusal as required by this section. A violation under this
482-17 subsection is a Class B administrative violation. Each day of
482-18 noncompliance constitutes a separate violation. (V.A.C.S. Arts.
482-19 8308-5.21(a) (part), (b).)
482-20 Sec. 409.022. REFUSAL TO PAY BENEFITS; NOTICE;
482-21 ADMINISTRATIVE VIOLATION. (a) An insurance carrier's notice of
482-22 refusal to pay benefits under Section 409.021 must specify the
482-23 grounds for the refusal.
482-24 (b) The grounds for the refusal specified in the notice
482-25 constitute the only basis for the insurance carrier's defense on
482-26 the issue of compensability in a subsequent proceeding, unless the
482-27 defense is based on newly discovered evidence that could not
483-1 reasonably have been discovered at an earlier date.
483-2 (c) An insurance carrier commits a violation if the
483-3 insurance carrier does not have reasonable grounds for a refusal to
483-4 pay benefits, as determined by the commission. A violation under
483-5 this subsection is a Class B administrative violation. (V.A.C.S.
483-6 Art. 8308-5.21(c).)
483-7 Sec. 409.023. PAYMENT OF BENEFITS; ADMINISTRATIVE VIOLATION.
483-8 (a) An insurance carrier shall continue to pay benefits promptly
483-9 as and when the benefits accrue without a final decision, order, or
483-10 other action of the commission, except as otherwise provided.
483-11 (b) Benefits shall be paid solely to the order of the
483-12 employee or the employee's legal beneficiary.
483-13 (c) An insurance carrier commits a violation if the
483-14 insurance carrier fails to comply with this section. A violation
483-15 under this subsection is a Class B administrative violation. Each
483-16 day of noncompliance constitutes a separate violation.
483-17 (d) An insurance carrier that commits multiple violations of
483-18 this section commits a Class A administrative violation and is
483-19 subject to:
483-20 (1) the sanctions provided under Section 415.023; and
483-21 (2) revocation of the right to do business under the
483-22 workers' compensation laws of this state. (V.A.C.S. Art.
483-23 8308-5.22.)
483-24 Sec. 409.024. TERMINATION OR REDUCTION OF BENEFITS; NOTICE;
483-25 ADMINISTRATIVE VIOLATION. (a) An insurance carrier shall file
483-26 with the commission a notice of termination or reduction of
483-27 benefits, including the reasons for the termination or reduction,
484-1 not later than the 10th day after the date on which benefits are
484-2 terminated or reduced.
484-3 (b) An insurance carrier commits a violation if the
484-4 insurance carrier does not have reasonable grounds to terminate or
484-5 reduce benefits, as determined by the commission. A violation
484-6 under this subsection is a Class B administrative violation.
484-7 (V.A.C.S. Art. 8308-5.23.)
484-8 (Sections 409.025-409.040 reserved for expansion)
484-9 SUBCHAPTER C. OMBUDSMAN PROGRAM
484-10 Sec. 409.041. OMBUDSMAN PROGRAM; ADMINISTRATIVE VIOLATION.
484-11 (a) The commission shall maintain an ombudsman program to assist
484-12 injured workers and persons claiming death benefits in obtaining
484-13 benefits under this subtitle.
484-14 (b) An ombudsman shall:
484-15 (1) meet with or otherwise provide information to
484-16 injured workers;
484-17 (2) investigate complaints;
484-18 (3) communicate with employers, insurance carriers,
484-19 and health care providers on behalf of injured workers; and
484-20 (4) assist unrepresented claimants, employers, and
484-21 other parties to enable those persons to protect their rights in
484-22 the workers' compensation system.
484-23 (c) At least one specially qualified employee in each
484-24 commission office shall be designated an ombudsman who shall
484-25 perform the duties under this section as the person's primary
484-26 responsibility.
484-27 (d) Each employer shall notify its employees of the
485-1 ombudsman program in a manner prescribed by the commission. An
485-2 employer commits a violation if the employer fails to comply with
485-3 this subsection. A violation under this subsection is a Class C
485-4 administrative violation. (V.A.C.S. Art. 8308-5.41.)
485-5 Sec. 409.042. PUBLIC INFORMATION. The commission shall
485-6 widely disseminate information about the ombudsman program.
485-7 (V.A.C.S. Art. 8308-5.42.)
485-8 CHAPTER 410. ADJUDICATION OF DISPUTES
485-9 SUBCHAPTER A. GENERAL PROVISIONS
485-10 Sec. 410.001. DEFINITIONS
485-11 Sec. 410.002. LAW GOVERNING LIABILITY PROCEEDINGS
485-12 Sec. 410.003. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
485-13 TEXAS REGISTER ACT
485-14 Sec. 410.004. DIVISION OF HEARINGS
485-15 Sec. 410.005. VENUE FOR ADMINISTRATIVE PROCEEDINGS
485-16 Sec. 410.006. REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS
485-17 (Sections 410.007-410.020 reserved for expansion)
485-18 SUBCHAPTER B. BENEFIT REVIEW CONFERENCE
485-19 Sec. 410.021. PURPOSE
485-20 Sec. 410.022. BENEFIT REVIEW OFFICERS; QUALIFICATIONS
485-21 Sec. 410.023. REQUEST FOR BENEFIT REVIEW CONFERENCE
485-22 Sec. 410.024. BENEFIT REVIEW CONFERENCE AS PREREQUISITE TO
485-23 FURTHER PROCEEDINGS ON CERTAIN CLAIMS
485-24 Sec. 410.025. SCHEDULING OF BENEFIT REVIEW CONFERENCE;
485-25 NOTICE
485-26 Sec. 410.026. POWERS AND DUTIES OF BENEFIT REVIEW OFFICER
485-27 Sec. 410.027. RULES
486-1 Sec. 410.028. FAILURE TO ATTEND; ADMINISTRATIVE VIOLATION
486-2 Sec. 410.029. RESOLUTION AT BENEFIT REVIEW CONFERENCE;
486-3 WRITTEN AGREEMENT
486-4 Sec. 410.030. BINDING EFFECT OF AGREEMENT
486-5 Sec. 410.031. INCOMPLETE RESOLUTION; REPORT
486-6 Sec. 410.032. PAYMENT OF BENEFITS UNDER INTERLOCUTORY ORDER;
486-7 REIMBURSEMENT
486-8 Sec. 410.033. MULTIPLE CARRIERS
486-9 Sec. 410.034. FILING OF AGREEMENT AND REPORT
486-10 (Sections 410.035-410.100 reserved for expansion)
486-11 SUBCHAPTER C. ARBITRATION
486-12 Sec. 410.101. PURPOSE
486-13 Sec. 410.102. ARBITRATORS; QUALIFICATIONS
486-14 Sec. 410.103. DUTIES OF ARBITRATOR
486-15 Sec. 410.104. ELECTION OF ARBITRATION; EFFECT
486-16 Sec. 410.105. LISTS OF ARBITRATORS
486-17 Sec. 410.106. SELECTION OF ARBITRATOR
486-18 Sec. 410.107. ASSIGNMENT OF ARBITRATOR
486-19 Sec. 410.108. REJECTION OF ARBITRATOR
486-20 Sec. 410.109. SCHEDULING OF ARBITRATION
486-21 Sec. 410.110. CONTINUANCE
486-22 Sec. 410.111. RULES
486-23 Sec. 410.112. EXCHANGE AND FILING OF INFORMATION;
486-24 ADMINISTRATIVE VIOLATION
486-25 Sec. 410.113. DUTIES OF PARTIES AT ARBITRATION; ATTENDANCE;
486-26 ADMINISTRATIVE VIOLATION
486-27 Sec. 410.114. TESTIMONY; RECORD
487-1 Sec. 410.115. EVIDENCE
487-2 Sec. 410.116. CLOSING STATEMENTS; BRIEFS
487-3 Sec. 410.117. EX PARTE CONTACTS PROHIBITED
487-4 Sec. 410.118. AWARD
487-5 Sec. 410.119. EFFECT OF AWARD
487-6 Sec. 410.120. CLERICAL ERROR
487-7 Sec. 410.121. COURT VACATING AWARD
487-8 (Sections 410.122-410.150 reserved for expansion)
487-9 SUBCHAPTER D. CONTESTED CASE HEARING
487-10 Sec. 410.151. CONTESTED CASE HEARING; SCOPE
487-11 Sec. 410.152. HEARING OFFICERS; QUALIFICATIONS
487-12 Sec. 410.153. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
487-13 TEXAS REGISTER ACT
487-14 Sec. 410.154. SCHEDULING OF HEARING
487-15 Sec. 410.155. CONTINUANCE
487-16 Sec. 410.156. ATTENDANCE REQUIRED; ADMINISTRATIVE VIOLATION
487-17 Sec. 410.157. RULES
487-18 Sec. 410.158. DISCOVERY
487-19 Sec. 410.159. STANDARD INTERROGATORIES
487-20 Sec. 410.160. EXCHANGE OF INFORMATION
487-21 Sec. 410.161. FAILURE TO DISCLOSE INFORMATION
487-22 Sec. 410.162. ADDITIONAL DISCOVERY
487-23 Sec. 410.163. POWERS AND DUTIES OF HEARING OFFICER
487-24 Sec. 410.164. RECORD
487-25 Sec. 410.165. EVIDENCE
487-26 Sec. 410.166. STIPULATIONS
487-27 Sec. 410.167. EX PARTE CONTACTS PROHIBITED
488-1 Sec. 410.168. DECISION
488-2 Sec. 410.169. EFFECT OF DECISION
488-3 (Sections 410.170-410.200 reserved for expansion)
488-4 SUBCHAPTER E. APPEALS PANEL
488-5 Sec. 410.201. APPEALS JUDGES; QUALIFICATIONS
488-6 Sec. 410.202. REQUEST FOR APPEAL; RESPONSE
488-7 Sec. 410.203. POWERS AND DUTIES OF APPEALS PANEL; PRIORITY
488-8 OF HEARING ON REMAND
488-9 Sec. 410.204. DECISION
488-10 Sec. 410.205. EFFECT OF DECISION; REIMBURSEMENT FOR
488-11 OVERPAYMENT
488-12 Sec. 410.206. CLERICAL ERROR
488-13 Sec. 410.207. CONTINUATION OF COMMISSION JURISDICTION
488-14 Sec. 410.208. JUDICIAL ENFORCEMENT OF ORDER OR DECISION;
488-15 ADMINISTRATIVE VIOLATION
488-16 (Sections 410.209-410.250 reserved for expansion)
488-17 SUBCHAPTER F. JUDICIAL REVIEW--GENERAL PROVISIONS
488-18 Sec. 410.251. EXHAUSTION OF REMEDIES
488-19 Sec. 410.252. TIME FOR FILING PETITION; VENUE
488-20 Sec. 410.253. SERVICE
488-21 Sec. 410.254. COMMISSION INTERVENTION
488-22 Sec. 410.255. JUDICIAL REVIEW OF ISSUES OTHER THAN
488-23 COMPENSABILITY OR INCOME OR DEATH BENEFITS
488-24 Sec. 410.256. COURT APPROVAL OF SETTLEMENT
488-25 (Sections 410.257-410.300 reserved for expansion)
488-26 SUBCHAPTER G. JUDICIAL REVIEW OF ISSUES REGARDING
488-27 COMPENSABILITY OR INCOME OR DEATH BENEFITS
489-1 Sec. 410.301. JUDICIAL REVIEW OF ISSUES REGARDING
489-2 COMPENSABILITY OR INCOME OR DEATH BENEFITS
489-3 Sec. 410.302. LIMITATION OF ISSUES
489-4 Sec. 410.303. BURDEN OF PROOF
489-5 Sec. 410.304. CONSIDERATION OF APPEALS PANEL DECISION
489-6 Sec. 410.305. CONFLICT WITH RULES OF CIVIL PROCEDURE
489-7 Sec. 410.306. EVIDENCE
489-8 Sec. 410.307. SUBSTANTIAL CHANGE OF CONDITION
489-9 Sec. 410.308. CERTIFIED COPY OF NOTICE SECURING
489-10 COMPENSATION
489-11 CHAPTER 410. ADJUDICATION OF DISPUTES
489-12 SUBCHAPTER A. GENERAL PROVISIONS
489-13 Sec. 410.001. DEFINITIONS. In this chapter:
489-14 (1) "Director" means the director of the division.
489-15 (2) "Division" means the division of hearings. (New.)
489-16 Sec. 410.002. LAW GOVERNING LIABILITY PROCEEDINGS. A
489-17 proceeding before the commission to determine the liability of an
489-18 insurance carrier for compensation for an injury or death under
489-19 this subtitle is governed by this chapter. (V.A.C.S.
489-20 Art. 8308-6.01(b).)
489-21 Sec. 410.003. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
489-22 TEXAS REGISTER ACT. Except as otherwise provided by this chapter,
489-23 the Administrative Procedure and Texas Register Act (Article
489-24 6252-13a, Vernon's Texas Civil Statutes) does not apply to a
489-25 proceeding under this chapter. (V.A.C.S. Art. 8308-6.01(a).)
489-26 Sec. 410.004. DIVISION OF HEARINGS. The division shall
489-27 conduct benefit review conferences, contested case hearings,
490-1 arbitration, and appeals within the commission related to workers'
490-2 compensation claims. (V.A.C.S. Art. 8308-6.02(a).)
490-3 Sec. 410.005. VENUE FOR ADMINISTRATIVE PROCEEDINGS. (a)
490-4 Unless the commission determines that good cause exists for the
490-5 selection of a different location, a benefit review conference or a
490-6 contested case hearing may not be conducted at a site more than 75
490-7 miles from the claimant's residence at the time of the injury.
490-8 (b) Unless the assigned arbitrator determines that good
490-9 cause exists for the selection of a different location, arbitration
490-10 may not be conducted at a site more than 75 miles from the
490-11 claimant's residence at the time of the injury.
490-12 (c) All appeals panel proceedings shall be conducted in
490-13 Travis County. (V.A.C.S. Art. 8308-6.03.)
490-14 Sec. 410.006. REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS.
490-15 (a) A claimant may be represented at a benefit review conference,
490-16 a contested case hearing, or arbitration by an attorney or may be
490-17 assisted by an individual of the claimant's choice who does not
490-18 work for an attorney or receive a fee. An employee of an attorney
490-19 may represent a claimant if that employee:
490-20 (1) is a relative of the claimant; and
490-21 (2) does not receive a fee.
490-22 (b) An insurance carrier may be represented by an attorney
490-23 or adjuster. (V.A.C.S. Art. 8308-6.04.)
490-24 (Sections 410.007-410.020 reserved for expansion)
490-25 SUBCHAPTER B. BENEFIT REVIEW CONFERENCE
490-26 Sec. 410.021. PURPOSE. A benefit review conference is a
490-27 nonadversarial, informal dispute resolution proceeding designed to:
491-1 (1) explain, orally and in writing, the rights of the
491-2 respective parties to a workers' compensation claim and the
491-3 procedures necessary to protect those rights;
491-4 (2) discuss the facts of the claim, review available
491-5 information in order to evaluate the claim, and delineate the
491-6 disputed issues; and
491-7 (3) mediate and resolve disputed issues by agreement
491-8 of the parties in accordance with this subtitle and the policies of
491-9 the commission. (V.A.C.S. Art. 8308-6.11.)
491-10 Sec. 410.022. BENEFIT REVIEW OFFICERS; QUALIFICATIONS. (a)
491-11 A benefit review officer shall conduct a benefit review conference.
491-12 (b) A benefit review officer must:
491-13 (1) be an employee of the commission; and
491-14 (2) be trained in the principles and procedures of
491-15 dispute mediation.
491-16 (c) The commission shall institute and maintain an education
491-17 and training program for benefit review officers and shall consult
491-18 or contract with the Federal Mediation and Conciliation Service or
491-19 other appropriate organizations for this purpose. (V.A.C.S.
491-20 Art. 8308-6.02(b).)
491-21 Sec. 410.023. REQUEST FOR BENEFIT REVIEW CONFERENCE. On
491-22 receipt of a request from a party or on its own motion, the
491-23 commission may direct the parties to a disputed workers'
491-24 compensation claim to meet in a benefit review conference to
491-25 attempt to reach agreement on disputed issues involved in the
491-26 claim. (V.A.C.S. Art. 8308-6.12(a).)
491-27 Sec. 410.024. BENEFIT REVIEW CONFERENCE AS PREREQUISITE TO
492-1 FURTHER PROCEEDINGS ON CERTAIN CLAIMS. (a) Except as otherwise
492-2 provided by law or commission rule, the parties to a disputed
492-3 compensation claim are not entitled to a contested case hearing or
492-4 arbitration on the claim unless a benefit review conference is
492-5 conducted as provided by this subchapter.
492-6 (b) The commission by rule shall adopt guidelines relating
492-7 to claims that do not require a benefit review conference and may
492-8 proceed directly to a contested case hearing or arbitration.
492-9 (V.A.C.S. Art. 8308-6.12(c).)
492-10 Sec. 410.025. SCHEDULING OF BENEFIT REVIEW CONFERENCE;
492-11 NOTICE. (a) The commission by rule shall prescribe the time
492-12 within which a benefit review conference must be scheduled.
492-13 (b) At the time a benefit review conference is scheduled,
492-14 the commission shall schedule a contested case hearing to be held
492-15 not later than the 60th day after the date of the benefit review
492-16 conference if the disputed issues are not resolved at the benefit
492-17 review conference.
492-18 (c) The commission shall send written notice of the benefit
492-19 review conference to the parties to the claim and the employer.
492-20 (d) The commission by rule shall provide for expedited
492-21 proceedings in cases in which compensability or liability for
492-22 essential medical treatment is in dispute. (V.A.C.S. Arts.
492-23 8308-6.12(b), (d), (e) (part).)
492-24 Sec. 410.026. POWERS AND DUTIES OF BENEFIT REVIEW OFFICER.
492-25 (a) A benefit review officer shall:
492-26 (1) mediate disputes between the parties and assist in
492-27 the adjustment of the claim consistent with this subtitle and the
493-1 policies of the commission;
493-2 (2) thoroughly inform all parties of their rights and
493-3 responsibilities under this subtitle, especially in a case in which
493-4 the employee is not represented by an attorney or other
493-5 representative; and
493-6 (3) ensure that all documents and information relating
493-7 to the employee's wages, medical condition, and any other
493-8 information pertinent to the resolution of disputed issues are
493-9 contained in the claim file at the conference, especially in a case
493-10 in which the employee is not represented by an attorney or other
493-11 representative.
493-12 (b) A benefit review officer may reschedule a benefit review
493-13 conference if the benefit review officer determines that any
493-14 available information pertinent to the resolution of disputed
493-15 issues is not produced at the benefit review conference.
493-16 (c) A benefit review officer may not take testimony but may
493-17 direct questions to an employee, an employer, or a representative
493-18 of an insurance carrier to supplement or clarify information in a
493-19 claim file.
493-20 (d) A benefit review officer may not make a formal record.
493-21 (V.A.C.S. Art. 8308-6.13.)
493-22 Sec. 410.027. RULES. (a) The commission shall adopt rules
493-23 for conducting benefit review conferences.
493-24 (b) A benefit review conference is not subject to common law
493-25 or statutory rules of evidence or procedure. (V.A.C.S.
493-26 Art. 8308-6.14.)
493-27 Sec. 410.028. FAILURE TO ATTEND; ADMINISTRATIVE VIOLATION.
494-1 (a) A scheduled benefit review conference shall be conducted even
494-2 though a party fails to attend unless the benefit review officer
494-3 determines that good cause exists to reschedule the conference.
494-4 (b) A party commits a violation if the party fails to attend
494-5 a benefit review conference without good cause as determined by the
494-6 benefit review officer. A violation under this subsection is a
494-7 Class D administrative violation. (V.A.C.S. Art. 8308-6.12(e)
494-8 (part).)
494-9 Sec. 410.029. Resolution at Benefit Review Conference;
494-10 Written Agreement. (a) A dispute may be resolved either in whole
494-11 or in part at a benefit review conference.
494-12 (b) If the conference results in the resolution of some
494-13 disputed issues by agreement or in a settlement, the benefit review
494-14 officer shall reduce the agreement or the settlement to writing.
494-15 The benefit review officer and each party or the designated
494-16 representative of the party shall sign the agreement or settlement.
494-17 (c) A settlement takes effect on the date it is approved by
494-18 the director in accordance with Section 408.005. (V.A.C.S.
494-19 Art. 8308-6.15(a).)
494-20 Sec. 410.030. BINDING EFFECT OF AGREEMENT. (a) An
494-21 agreement signed in accordance with Section 410.029 is binding on
494-22 the insurance carrier through the conclusion of all matters
494-23 relating to the claim, unless the commission or a court, on a
494-24 finding of fraud, newly discovered evidence, or other good and
494-25 sufficient cause, relieves the insurance carrier of the effect of
494-26 the agreement.
494-27 (b) The agreement is binding on the claimant, if represented
495-1 by an attorney, to the same extent as on the insurance carrier. If
495-2 the claimant is not represented by an attorney, the agreement is
495-3 binding on the claimant through the conclusion of all matters
495-4 relating to the claim while the claim is pending before the
495-5 commission, unless the commission for good cause relieves the
495-6 claimant of the effect of the agreement. (V.A.C.S. Arts.
495-7 8308-6.15(b), (c).)
495-8 Sec. 410.031. INCOMPLETE RESOLUTION; REPORT. (a) If a
495-9 dispute is not entirely resolved at a benefit review conference,
495-10 the benefit review officer shall prepare a written report that
495-11 details each issue that is not settled at the conference.
495-12 (b) The report must also include:
495-13 (1) a statement of each resolved issue;
495-14 (2) a statement of each issue raised but not resolved;
495-15 (3) a statement of the position of the parties
495-16 regarding each unresolved issue;
495-17 (4) the officer's recommendation regarding each
495-18 unresolved issue;
495-19 (5) the officer's recommendations regarding the
495-20 payment or denial of benefits;
495-21 (6) a statement of any interlocutory orders entered
495-22 under Sections 410.032 and 410.033(a); and
495-23 (7) a statement of the procedures required to request
495-24 a contested case hearing or arbitration and a complete explanation
495-25 of the differences in those proceedings and the rights of the
495-26 parties to subsequent review of the determinations made in those
495-27 proceedings. (V.A.C.S. Art. 8308-6.15(d).)
496-1 Sec. 410.032. PAYMENT OF BENEFITS UNDER INTERLOCUTORY ORDER;
496-2 REIMBURSEMENT. (a) If a benefit review officer recommends that
496-3 benefits be paid or not paid, the benefit review officer may issue
496-4 an interlocutory order to pay or not pay the benefits.
496-5 (b) The subsequent injury fund shall reimburse an insurance
496-6 carrier for any overpayments of benefits made under an order
496-7 entered under this section if that order is reversed or modified at
496-8 a contested case hearing or at arbitration. The commission shall
496-9 adopt rules to provide for a periodic reimbursement schedule,
496-10 providing for reimbursement at least annually. (V.A.C.S.
496-11 Art. 8308-6.15(e).)
496-12 Sec. 410.033. MULTIPLE CARRIERS. (a) If there is a dispute
496-13 as to which of two or more insurance carriers is liable for
496-14 compensation for one or more compensable injuries, the benefit
496-15 review officer may issue an interlocutory order directing each
496-16 insurance carrier to pay a proportionate share of benefits due
496-17 pending a final decision on liability. The proportionate share is
496-18 computed by dividing the compensation due by the number of
496-19 insurance carriers involved.
496-20 (b) On final determination of liability, an insurance
496-21 carrier determined to be not liable for the payment of benefits is
496-22 entitled to reimbursement for the share paid by the insurance
496-23 carrier from any insurance carrier determined to be liable.
496-24 (V.A.C.S. Arts. 8308-6.15(f), (g).)
496-25 Sec. 410.034. FILING OF AGREEMENT AND REPORT. (a) The
496-26 benefit review officer shall file the signed agreement and the
496-27 report with the director.
497-1 (b) The commission by rule shall prescribe the times within
497-2 which the agreement and report must be filed.
497-3 (c) The director shall furnish a copy of the file-stamped
497-4 report to:
497-5 (1) the claimant;
497-6 (2) the employer; and
497-7 (3) the insurance carrier. (V.A.C.S. Art.
497-8 8308-6.15(h).)
497-9 (Sections 410.035-410.100 reserved for expansion)
497-10 SUBCHAPTER C. ARBITRATION
497-11 Sec. 410.101. PURPOSE. The purpose of arbitration is to:
497-12 (1) enter into formal, binding stipulations on issues
497-13 on which the parties agree;
497-14 (2) resolve issues on which the parties disagree; and
497-15 (3) render a final award with respect to all issues in
497-16 dispute. (V.A.C.S. Art. 8308-6.22.)
497-17 Sec. 410.102. ARBITRATORS; QUALIFICATIONS. (a) An
497-18 arbitrator must be an employee of the commission, except that the
497-19 commission may contract with a qualified arbitrator on a
497-20 determination of special need.
497-21 (b) An arbitrator must:
497-22 (1) be a member of the National Academy of
497-23 Arbitrators;
497-24 (2) be on an approved list of the American Arbitration
497-25 Association or Federal Mediation and Conciliation Service; or
497-26 (3) meet qualifications established by the commission
497-27 by rule and be approved by an affirmative vote of at least two
498-1 commission members representing employers of labor and at least two
498-2 commission members representing wage earners.
498-3 (c) The commission shall require that each arbitrator have
498-4 appropriate training in the workers' compensation laws of this
498-5 state. The commission shall establish procedures to carry out this
498-6 subsection. (V.A.C.S. Arts. 8308-6.02(d) (part), (e).)
498-7 Sec. 410.103. DUTIES OF ARBITRATOR. An arbitrator shall:
498-8 (1) protect the interests of all parties;
498-9 (2) ensure that all relevant evidence has been
498-10 disclosed to the arbitrator and to all parties; and
498-11 (3) render an award consistent with this subtitle and
498-12 the policies of the commission. (V.A.C.S. Art. 8308-6.24(f).)
498-13 Sec. 410.104. ELECTION OF ARBITRATION; EFFECT. (a) If
498-14 issues remain unresolved after a benefit review conference, the
498-15 parties, by agreement, may elect to engage in arbitration in the
498-16 manner provided by this subchapter. Arbitration may be used only
498-17 to resolve disputed benefit issues and is an alternative to a
498-18 contested case hearing. A contested case hearing scheduled under
498-19 Section 410.025(b) is canceled by an election under this
498-20 subchapter.
498-21 (b) To elect arbitration, the parties must file the election
498-22 with the commission not later than the 20th day after the last day
498-23 of the benefit review conference. The commission shall prescribe a
498-24 form for that purpose.
498-25 (c) An election to engage in arbitration under this
498-26 subchapter is irrevocable and binding on all parties for the
498-27 resolution of all disputes arising out of the claims that are under
499-1 the jurisdiction of the commission.
499-2 (d) An agreement to elect arbitration binds the parties to
499-3 the provisions of Chapter 408 relating to benefits, and any award,
499-4 agreement, or settlement after arbitration is elected must comply
499-5 with that chapter. (V.A.C.S. Arts. 8308-6.21, 8308-6.25.)
499-6 Sec. 410.105. LISTS OF ARBITRATORS. (a) The commission
499-7 shall establish regional lists of arbitrators who meet the
499-8 qualifications prescribed under Sections 410.102(a) and (b). Each
499-9 regional list shall be initially prepared in a random name order,
499-10 and subsequent additions to a list shall be added chronologically.
499-11 (b) The commission shall review the lists of arbitrators
499-12 annually and determine if each arbitrator is fair and impartial and
499-13 makes awards that are consistent with and in accordance with this
499-14 subtitle and the rules of the commission. The commission shall
499-15 remove an arbitrator if after review the arbitrator does not
499-16 receive an affirmative vote of at least two commission members
499-17 representing employers of labor and at least two commission members
499-18 representing wage earners.
499-19 (c) The commission's lists are confidential and are not
499-20 subject to disclosure under the open records law, Chapter 424, Acts
499-21 of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
499-22 Vernon's Texas Civil Statutes). The lists may not be revealed by
499-23 any commission employee to any person who is not a commission
499-24 employee. The lists are exempt from discovery in civil litigation
499-25 unless the party seeking the discovery establishes reasonable cause
499-26 to believe that a violation of the requirements of this section or
499-27 Section 410.106, 410.107, 410.108, or 410.109(b) occurred and that
500-1 the violation is relevant to the issues in dispute. (V.A.C.S.
500-2 Arts. 8308-6.02(d) (part), (f); 8308-6.23(a) (part), (d).)
500-3 Sec. 410.106. SELECTION OF ARBITRATOR. The commission shall
500-4 assign the arbitrator for a particular case by selecting the next
500-5 name after the previous case's selection in consecutive order. The
500-6 commission may not change the order of names once the order is
500-7 established under this subchapter, except that once each arbitrator
500-8 on the list has been assigned to a case, the names shall be
500-9 randomly reordered. (V.A.C.S. Art. 8308-6.23(a) (part).)
500-10 Sec. 410.107. ASSIGNMENT OF ARBITRATOR. (a) The commission
500-11 shall assign an arbitrator to a pending case not later than the
500-12 30th day after the date on which the election for arbitration is
500-13 filed with the commission.
500-14 (b) When an arbitrator has been assigned to a case under
500-15 Subsection (a), the parties shall be notified immediately.
500-16 (V.A.C.S. Arts. 8308-6.23(a) (part), (b) (part).)
500-17 Sec. 410.108. REJECTION OF ARBITRATOR. (a) Each party is
500-18 entitled, in its sole discretion, to one rejection of the
500-19 arbitrator in each case. If a party rejects the arbitrator, the
500-20 commission shall assign another arbitrator as provided by Section
500-21 410.106.
500-22 (b) A rejection must be made not later than the third day
500-23 after the date of notification of the arbitrator's assignment.
500-24 (c) When all parties have exercised their right of rejection
500-25 or if no rejection is registered, the assignment is final.
500-26 (V.A.C.S. Art. 8308-6.23(b) (part).)
500-27 Sec. 410.109. SCHEDULING OF ARBITRATION. (a) The
501-1 arbitrator shall schedule arbitration to be held not later than the
501-2 30th day after the date of the arbitrator's assignment and shall
501-3 notify the parties and the commission of the scheduled date.
501-4 (b) If an arbitrator is unable to schedule arbitration in
501-5 accordance with Subsection (a), the commission shall appoint the
501-6 next arbitrator on the applicable list. Each party is entitled to
501-7 reject the arbitrator appointed under this subsection in the manner
501-8 provided under Section 410.108. (V.A.C.S. Arts. 8308-6.23(c),
501-9 8308-6.24(a).)
501-10 Sec. 410.110. CONTINUANCE. (a) A request by a party for a
501-11 continuance of the arbitration to another date must be directed to
501-12 the director. The director may grant a continuance only if the
501-13 director determines, giving due regard to the availability of the
501-14 arbitrator, that good cause for the continuance exists.
501-15 (b) If the director grants a continuance under this section,
501-16 the rescheduled date may not be later than the 30th day after the
501-17 original date of the arbitration.
501-18 (c) Without regard to whether good cause exists, the
501-19 director may not grant more than one continuance to each party.
501-20 (V.A.C.S. Art. 8308-6.24(b).)
501-21 Sec. 410.111. RULES. The commission shall adopt rules for
501-22 arbitration consistent with generally recognized arbitration
501-23 principles and procedures. (V.A.C.S. Art. 8308-6.24(c).)
501-24 Sec. 410.112. EXCHANGE AND FILING OF INFORMATION;
501-25 ADMINISTRATIVE VIOLATION. (a) Not later than the seventh day
501-26 before the first day of arbitration, the parties shall exchange and
501-27 file with the arbitrator:
502-1 (1) all medical reports and other documentary evidence
502-2 not previously exchanged or filed that are pertinent to the
502-3 resolution of the claim; and
502-4 (2) information relating to their proposed resolution
502-5 of the disputed issues.
502-6 (b) A party commits a violation if the party, without good
502-7 cause as determined by the arbitrator, fails to comply with
502-8 Subsection (a). A violation under this subsection is a Class D
502-9 administrative violation. (V.A.C.S. Art. 8308-6.24(e).)
502-10 Sec. 410.113. DUTIES OF PARTIES AT ARBITRATION; ATTENDANCE;
502-11 ADMINISTRATIVE VIOLATION. (a) Each party shall attend the
502-12 arbitration prepared to set forth in detail its position on
502-13 unresolved issues and the issues on which it is prepared to
502-14 stipulate.
502-15 (b) A party commits a violation if the party does not attend
502-16 the arbitration unless the arbitrator determines that the party had
502-17 good cause not to attend. A violation under this subsection is a
502-18 Class D administrative violation. (V.A.C.S. Art. 8308-6.24(d).)
502-19 Sec. 410.114. TESTIMONY; RECORD. (a) The arbitrator may
502-20 require witnesses to testify under oath and shall require testimony
502-21 under oath if requested by a party.
502-22 (b) The commission shall make an electronic recording of the
502-23 proceeding.
502-24 (c) An official stenographic record is not required, but any
502-25 party may at the party's expense make a stenographic record of the
502-26 proceeding. (V.A.C.S. Art. 8308-6.24(g).)
502-27 Sec. 410.115. EVIDENCE. (a) The parties may offer evidence
503-1 as they desire and shall produce additional evidence as the
503-2 arbitrator considers necessary to an understanding and
503-3 determination of the dispute.
503-4 (b) The arbitrator is the judge of the relevance and
503-5 materiality of the evidence offered. Conformity to legal rules of
503-6 evidence is not required. (V.A.C.S. Art. 8308-6.24(h) (part).)
503-7 Sec. 410.116. CLOSING STATEMENTS; BRIEFS. The parties may
503-8 present closing statements as they desire, but the record may not
503-9 remain open for written briefs unless requested by the arbitrator.
503-10 (V.A.C.S. Art. 8308-6.24(h) (part).)
503-11 Sec. 410.117. EX PARTE CONTACTS PROHIBITED. A party and an
503-12 arbitrator may not communicate outside the arbitration unless the
503-13 communication is in writing with copies provided to all parties or
503-14 relates to procedural matters. (V.A.C.S. Art. 8308-6.24(i).)
503-15 Sec. 410.118. AWARD. (a) The arbitrator shall enter the
503-16 arbitrator's award not later than the seventh day after the last
503-17 day of arbitration.
503-18 (b) The arbitrator shall base the award on the facts
503-19 established at arbitration, including stipulations of the parties,
503-20 and on the law as properly applied to those facts.
503-21 (c) The award must:
503-22 (1) be in writing;
503-23 (2) be signed and dated by the arbitrator; and
503-24 (3) include a statement of the arbitrator's decision
503-25 on the contested issues and the parties' stipulations on
503-26 uncontested issues.
503-27 (d) The arbitrator shall file a copy of the award as part of
504-1 the permanent claim file at the commission and shall notify the
504-2 parties in writing of the decision. (V.A.C.S. Arts. 8308-6.26(a),
504-3 (b), (c).)
504-4 Sec. 410.119. EFFECT OF AWARD. (a) An arbitrator's award
504-5 is final and binding on all parties. Except as provided by Section
504-6 410.121, there is no right to appeal.
504-7 (b) An arbitrator's award is a final order of the
504-8 commission. (V.A.C.S. Arts. 8308-6.26(d), (e).)
504-9 Sec. 410.120. CLERICAL ERROR. For the purpose of correcting
504-10 a clerical error, an arbitrator retains jurisdiction of the award
504-11 for 20 days after the date of the award. (V.A.C.S. Art.
504-12 8308-6.27.)
504-13 Sec. 410.121. COURT VACATING AWARD. (a) On application of
504-14 an aggrieved party, a court of competent jurisdiction shall vacate
504-15 an arbitrator's award on a finding that:
504-16 (1) the award was procured by corruption, fraud, or
504-17 misrepresentation;
504-18 (2) the decision of the arbitrator was arbitrary and
504-19 capricious; or
504-20 (3) the award was outside the jurisdiction of the
504-21 commission.
504-22 (b) If an award is vacated, the case shall be remanded to
504-23 the commission for another arbitration proceeding.
504-24 (c) A suit to vacate an award must be filed not later than
504-25 the 30th day after:
504-26 (1) the date of the award; or
504-27 (2) the date the appealing party knew or should have
505-1 known of a basis for suit under this section, but in no event later
505-2 than 12 months after an order denying compensation or after the
505-3 expiration of the income or death benefit period.
505-4 (d) Venue for a suit to vacate an award is in the county in
505-5 which the arbitration was conducted.
505-6 (e) In a suit to vacate an arbitrator's award, only the
505-7 court may make determinations, including findings of fact or
505-8 conclusions of law. (V.A.C.S. Art. 8308-6.28.)
505-9 (Sections 410.122-410.150 reserved for expansion)
505-10 SUBCHAPTER D. CONTESTED CASE HEARING
505-11 Sec. 410.151. CONTESTED CASE HEARING; SCOPE. (a) If
505-12 arbitration is not elected under Section 410.104, a party to a
505-13 claim for which a benefit review conference is held or a party
505-14 eligible to proceed directly to a contested case hearing as
505-15 provided by Section 410.024 is entitled to a contested case
505-16 hearing.
505-17 (b) An issue that was not raised at a benefit review
505-18 conference or that was resolved at a benefit review conference may
505-19 not be considered unless:
505-20 (1) the parties consent; or
505-21 (2) if the issue was not raised, the commission
505-22 determines that good cause existed for not raising the issue at the
505-23 conference. (V.A.C.S. Art. 8308-6.31(a).)
505-24 Sec. 410.152. HEARING OFFICERS; QUALIFICATIONS. (a) A
505-25 hearing officer shall conduct a contested case hearing.
505-26 (b) A hearing officer must be licensed to practice law in
505-27 this state. (V.A.C.S. Art. 8308-6.02(c).)
506-1 Sec. 410.153. APPLICATION OF ADMINISTRATIVE PROCEDURE AND
506-2 TEXAS REGISTER ACT. The Administrative Procedure and Texas
506-3 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)
506-4 applies to a contested case hearing to the extent that the
506-5 commission finds appropriate, except that Sections 15 through 23 of
506-6 that Act do not apply. (V.A.C.S. Art. 8308-6.32.)
506-7 Sec. 410.154. SCHEDULING OF HEARING. The commission shall
506-8 schedule a contested case hearing in accordance with Section
506-9 410.024 or 410.025(b). (V.A.C.S. Art. 8308-6.31(b).)
506-10 Sec. 410.155. CONTINUANCE. (a) A written request by a
506-11 party for a continuance of a contested case hearing to another date
506-12 must be directed to the commission.
506-13 (b) The commission may grant a continuance only if the
506-14 commission determines that there is good cause for the continuance.
506-15 (V.A.C.S. Art. 8308-6.31(c).)
506-16 Sec. 410.156. ATTENDANCE REQUIRED; ADMINISTRATIVE VIOLATION.
506-17 (a) Each party shall attend a contested case hearing.
506-18 (b) A party commits a violation if the party, without good
506-19 cause as determined by the hearing officer, does not attend a
506-20 contested case hearing. A violation under this subsection is a
506-21 Class C administrative violation. (V.A.C.S. Art. 8308-6.34(f).)
506-22 Sec. 410.157. RULES. The commission shall adopt rules
506-23 governing procedures under which contested case hearings are
506-24 conducted. (V.A.C.S. Art. 8308-6.31(d).)
506-25 Sec. 410.158. DISCOVERY. (a) Except as provided by Section
506-26 410.162, discovery is limited to:
506-27 (1) depositions on written questions to any health
507-1 care provider;
507-2 (2) depositions of other witnesses as permitted by the
507-3 hearing officer for good cause shown; and
507-4 (3) interrogatories as prescribed by the commission.
507-5 (b) Discovery under Subsection (a) may not seek information
507-6 that may readily be derived from documentary evidence described in
507-7 Section 410.160. Answers to discovery under Subsection (a) need
507-8 not duplicate information that may readily be derived from
507-9 documentary evidence described in Section 410.160. (V.A.C.S. Arts.
507-10 8308-6.33(a), (c).)
507-11 Sec. 410.159. STANDARD INTERROGATORIES. (a) The commission
507-12 by rule shall prescribe standard form sets of interrogatories to
507-13 elicit information from claimants and insurance carriers.
507-14 (b) Standard interrogatories shall be answered by each party
507-15 and served on the opposing party within the time prescribed by
507-16 commission rule, unless the parties agree otherwise. (V.A.C.S.
507-17 Art. 8308-6.33(b).)
507-18 Sec. 410.160. EXCHANGE OF INFORMATION. Within the time
507-19 prescribed by commission rule, the parties shall exchange:
507-20 (1) all medical reports and reports of expert
507-21 witnesses who will be called to testify at the hearing;
507-22 (2) all medical records;
507-23 (3) any witness statements;
507-24 (4) the identity and location of any witness known to
507-25 the parties to have knowledge of relevant facts; and
507-26 (5) all photographs or other documents that a party
507-27 intends to offer into evidence at the hearing. (V.A.C.S. Art.
508-1 8308-6.33(d).)
508-2 Sec. 410.161. FAILURE TO DISCLOSE INFORMATION. A party who
508-3 fails to disclose information known to the party or documents that
508-4 are in the party's possession, custody, or control at the time
508-5 disclosure is required by Sections 410.158-410.160 may not
508-6 introduce the evidence at any subsequent proceeding before the
508-7 commission or in court on the claim unless good cause is shown for
508-8 not having disclosed the information or documents under those
508-9 sections. (V.A.C.S. Art. 8308-6.33(e).)
508-10 Sec. 410.162. ADDITIONAL DISCOVERY. For good cause shown, a
508-11 party may obtain permission from the hearing officer to conduct
508-12 additional discovery as necessary. (V.A.C.S. Art. 8308-6.33(f).)
508-13 Sec. 410.163. POWERS AND DUTIES OF HEARING OFFICER. (a) At
508-14 a contested case hearing the hearing officer shall:
508-15 (1) swear witnesses;
508-16 (2) receive testimony;
508-17 (3) allow examination and cross-examination of
508-18 witnesses;
508-19 (4) accept documents and other tangible evidence; and
508-20 (5) allow the presentation of evidence by affidavit.
508-21 (b) A hearing officer shall ensure the preservation of the
508-22 rights of the parties and the full development of facts required
508-23 for the determinations to be made. A hearing officer may permit
508-24 the use of summary procedures, if appropriate, including witness
508-25 statements, summaries, and similar measures to expedite the
508-26 proceedings. (V.A.C.S. Arts. 8308-6.34(a), (b).)
508-27 Sec. 410.164. RECORD. (a) The proceedings of a contested
509-1 case hearing shall be recorded electronically. A party may request
509-2 a transcript of the proceeding and shall pay the reasonable cost of
509-3 the transcription.
509-4 (b) A party may request that the proceedings of the
509-5 contested case hearing be recorded by a court reporter. The party
509-6 making the request shall bear the cost. (V.A.C.S. Arts.
509-7 8308-6.34(c), (d).)
509-8 Sec. 410.165. EVIDENCE. (a) The hearing officer is the
509-9 sole judge of the relevance and materiality of the evidence offered
509-10 and of the weight and credibility to be given to the evidence.
509-11 Conformity to legal rules of evidence is not necessary.
509-12 (b) A hearing officer may accept a written statement signed
509-13 by a witness and shall accept all written reports signed by a
509-14 health care provider. (V.A.C.S. Art. 8308-6.34(e) (part).)
509-15 Sec. 410.166. STIPULATIONS. A written stipulation or
509-16 agreement of the parties that is filed in the record or an oral
509-17 stipulation or agreement of the parties that is preserved in the
509-18 record is final and binding. (V.A.C.S. Art. 8308-6.34(e) (part).)
509-19 Sec. 410.167. EX PARTE CONTACTS PROHIBITED. A party and a
509-20 hearing officer may not communicate outside the contested case
509-21 hearing unless the communication is in writing with copies provided
509-22 to all parties or relates to procedural matters. (V.A.C.S. Art.
509-23 8308-6.34(i).)
509-24 Sec. 410.168. DECISION. (a) The hearing officer shall
509-25 issue a written decision that includes:
509-26 (1) findings of fact and conclusions of law;
509-27 (2) a determination of whether benefits are due; and
510-1 (3) an award of benefits due.
510-2 (b) On a form that the commission by rule prescribes, the
510-3 hearing officer shall issue a separate written decision regarding
510-4 attorney's fees and any matter related to attorney's fees. The
510-5 decision regarding attorney's fees and the form may not be made
510-6 known to a jury in a judicial review of an award, including an
510-7 appeal.
510-8 (c) The commission by rule shall prescribe the times within
510-9 which the hearing officer must file the decisions with the
510-10 division.
510-11 (d) The division shall send a copy of the decision to each
510-12 party. (V.A.C.S. Art. 8308-6.34(g).)
510-13 Sec. 410.169. EFFECT OF DECISION. A decision of a hearing
510-14 officer regarding benefits is final in the absence of a timely
510-15 appeal by a party and is binding during the pendency of an appeal
510-16 to the appeals panel. (V.A.C.S. Art. 8308-6.34(h).)
510-17 (Sections 410.170-410.200 reserved for expansion)
510-18 SUBCHAPTER E. APPEALS PANEL
510-19 Sec. 410.201. APPEALS JUDGES; QUALIFICATIONS. (a) A panel
510-20 of three appeals judges of the commission shall conduct
510-21 administrative appeals proceedings.
510-22 (b) An appeals judge must be licensed to practice law in
510-23 this state.
510-24 (c) An appeals judge may not conduct a benefit review
510-25 conference or a contested case hearing. (V.A.C.S. Art.
510-26 8308-6.02(g).)
510-27 Sec. 410.202. REQUEST FOR APPEAL; RESPONSE. (a) To appeal
511-1 the decision of a hearing officer, a party shall file a written
511-2 request for appeal with the appeals panel not later than the 15th
511-3 day after the date on which the decision of the hearing officer is
511-4 received from the division and shall on the same date serve a copy
511-5 of the request for appeal on the other party.
511-6 (b) The respondent shall file a written response with the
511-7 appeals panel not later than the 15th day after the date on which
511-8 the copy of the request for appeal is served and shall on the same
511-9 date serve a copy of the response on the appellant.
511-10 (c) A request for appeal or a response must clearly and
511-11 concisely rebut or support the decision of the hearing officer on
511-12 each issue on which review is sought. (V.A.C.S. Art. 8308-6.41.)
511-13 Sec. 410.203. POWERS AND DUTIES OF APPEALS PANEL; PRIORITY
511-14 OF HEARING ON REMAND. (a) An appeals panel shall consider:
511-15 (1) the record developed at the contested case
511-16 hearing; and
511-17 (2) the written request for appeal and response filed
511-18 with the appeals panel.
511-19 (b) An appeals panel may:
511-20 (1) affirm the decision of the hearing officer;
511-21 (2) reverse that decision and render a new decision;
511-22 or
511-23 (3) reverse that decision and remand the case to the
511-24 hearing officer for further consideration and development of
511-25 evidence.
511-26 (c) An appeals panel may not remand a case under Subsection
511-27 (b)(3) more than once.
512-1 (d) A hearing on remand shall be accelerated and the
512-2 commission shall adopt rules to give priority to the hearing over
512-3 other proceedings. (V.A.C.S. Arts. 8308-6.42(a), (b).)
512-4 Sec. 410.204. DECISION. (a) An appeals panel shall issue a
512-5 decision that determines each issue on which review was requested.
512-6 The decision must be in writing and shall be issued not later than
512-7 the 30th day after the date on which the written response to the
512-8 request for appeal is filed. The appeals panel shall file a copy
512-9 of the decision with the director.
512-10 (b) A copy of the decision of the appeals panel shall be
512-11 sent to each party not later than the seventh day after the date
512-12 the decision is filed with the commission.
512-13 (c) If an appeals panel does not issue its decision in
512-14 accordance with this section, the decision of the hearing officer
512-15 becomes final and is the final decision of the appeals panel.
512-16 (V.A.C.S. Art. 8308-6.42(c).)
512-17 Sec. 410.205. EFFECT OF DECISION; REIMBURSEMENT FOR
512-18 OVERPAYMENT. (a) A decision of an appeals panel regarding
512-19 benefits is final in the absence of a timely appeal for judicial
512-20 review.
512-21 (b) The decision of the appeals panel regarding benefits is
512-22 binding during the pendency of an appeal under Subchapter F or G.
512-23 (c) If the court of last resort in the case finally modifies
512-24 or reverses an appeals panel decision awarding benefits, the
512-25 insurance carrier who has paid benefits as required by this section
512-26 may recover reimbursement of any benefit overpayments from the
512-27 subsequent injury fund. (V.A.C.S. Arts. 8308-6.42(d), (e).)
513-1 Sec. 410.206. CLERICAL ERROR. The executive director may
513-2 revise a decision in a contested case hearing on a finding of
513-3 clerical error. (V.A.C.S. Art. 8308-6.44.)
513-4 Sec. 410.207. CONTINUATION OF COMMISSION JURISDICTION.
513-5 During judicial review of an appeals panel decision on any disputed
513-6 issue relating to a workers' compensation claim, the commission
513-7 retains jurisdiction of all other issues related to the claim.
513-8 (V.A.C.S. Art. 8308-6.43.)
513-9 Sec. 410.208. JUDICIAL ENFORCEMENT OF ORDER OR DECISION;
513-10 ADMINISTRATIVE VIOLATION. (a) If an insurance carrier refuses or
513-11 fails to comply with a final order or decision of the commission,
513-12 the claimant may bring suit in the county of the claimant's
513-13 residence or the county in which the injury occurred to enforce the
513-14 award as a final and binding order of the commission.
513-15 (b) In addition to a judgment enforcing the order, the
513-16 claimant is entitled to a penalty equal to 12 percent of the amount
513-17 of benefits recovered in the judgment and interest, with reasonable
513-18 attorney's fees for the prosecution and collection of the claim.
513-19 (c) A person commits a violation if the person fails or
513-20 refuses to comply with a commission order or decision before the
513-21 21st day after the date the order or decision becomes final. A
513-22 violation under this subsection is a Class A administrative
513-23 violation. (V.A.C.S. Art. 8308-6.45.)
513-24 (Sections 410.209-410.250 reserved for expansion)
513-25 SUBCHAPTER F. JUDICIAL REVIEW--GENERAL PROVISIONS
513-26 Sec. 410.251. EXHAUSTION OF REMEDIES. A party that has
513-27 exhausted its administrative remedies under this subtitle and that
514-1 is aggrieved by a final decision of the appeals panel may seek
514-2 judicial review under this subchapter and Subchapter G, if
514-3 applicable. (V.A.C.S. Art. 8308-6.61(a) (part).)
514-4 Sec. 410.252. TIME FOR FILING PETITION; VENUE. (a) A party
514-5 may seek judicial review by filing suit not later than the 40th day
514-6 after the date on which the decision of the appeals panel was filed
514-7 with the division.
514-8 (b) The party bringing suit to appeal the decision must file
514-9 a petition with the appropriate court in:
514-10 (1) the county where the employee resided at the time
514-11 of the injury or death, if the employee is deceased; or
514-12 (2) in the case of an occupational disease, in the
514-13 county where the employee resided on the date disability began or
514-14 any county agreed to by the parties. (V.A.C.S. Arts. 8308-6.61(a)
514-15 (part), (b), (c).)
514-16 Sec. 410.253. SERVICE. A copy of the petition shall be
514-17 simultaneously filed with the court and the commission and served
514-18 on any opposing party. (V.A.C.S. Art. 8308-6.61(d).)
514-19 Sec. 410.254. COMMISSION INTERVENTION. On timely motion
514-20 initiated by the executive director, the commission shall be
514-21 permitted to intervene in any judicial proceeding under this
514-22 subchapter or Subchapter G. (V.A.C.S. Art. 8308-6.61(e).)
514-23 Sec. 410.255. JUDICIAL REVIEW OF ISSUES OTHER THAN
514-24 COMPENSABILITY OR INCOME OR DEATH BENEFITS. For all issues other
514-25 than those covered under Section 410.301(a), judicial review shall
514-26 be conducted in the manner provided for judicial review of a
514-27 contested case under Section 19, Administrative Procedure and Texas
515-1 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
515-2 (V.A.C.S. Art. 8308-6.64(a).)
515-3 Sec. 410.256. COURT APPROVAL OF SETTLEMENT. (a) The trial
515-4 court must approve a settlement made by the parties after judicial
515-5 review of an award is sought and before the court enters judgment.
515-6 The court may not approve a settlement except on a finding that:
515-7 (1) the settlement accurately reflects the agreement
515-8 between the parties;
515-9 (2) the settlement adheres to all appropriate
515-10 provisions of the law; and
515-11 (3) under the law and facts, the settlement is in the
515-12 best interest of the claimant.
515-13 (b) A settlement may not provide for:
515-14 (1) payment of any benefits in a lump sum except as
515-15 provided by Section 408.128; or
515-16 (2) the limitation or termination of the claimant's
515-17 right to medical benefits under Section 408.021.
515-18 (c) A settlement or agreement that resolves an issue of
515-19 impairment may not be made before the claimant reaches maximum
515-20 medical improvement and must adopt an impairment rating under
515-21 Section 408.123.
515-22 (d) A party proposing a settlement before judgment is
515-23 entered by the trial court may petition the court orally or in
515-24 writing for approval of the settlement. (V.A.C.S. Art. 8308-6.63.)
515-25 (Sections 410.257-410.300 reserved for expansion)
515-26 SUBCHAPTER G. JUDICIAL REVIEW OF ISSUES
515-27 REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
516-1 Sec. 410.301. JUDICIAL REVIEW OF ISSUES REGARDING
516-2 COMPENSABILITY OR INCOME OR DEATH BENEFITS. (a) Judicial review
516-3 of a final decision of a commission appeals panel regarding
516-4 compensability or eligibility for or the amount of income or death
516-5 benefits shall be conducted as provided by this subchapter.
516-6 (b) A determination of benefits before a court shall be in
516-7 accordance with this subtitle. (V.A.C.S. Arts. 8308-6.62(a), (l).)
516-8 Sec. 410.302. LIMITATION OF ISSUES. A trial under this
516-9 subchapter is limited to issues decided by the commission appeals
516-10 panel and on which judicial review is sought. The pleadings must
516-11 specifically set forth the determinations of the appeals panel by
516-12 which the party is aggrieved. (V.A.C.S. Art. 8308-6.62(b).)
516-13 Sec. 410.303. BURDEN OF PROOF. The party appealing the
516-14 decision on an issue described in Section 410.301(a) has the burden
516-15 of proof by a preponderance of the evidence. (V.A.C.S. Art.
516-16 8308-6.62(c) (part).)
516-17 Sec. 410.304. CONSIDERATION OF APPEALS PANEL DECISION. (a)
516-18 In a jury trial, the court, before submitting the case to the jury,
516-19 shall inform the jury in the court's instructions, charge, or
516-20 questions to the jury of the commission appeals panel decision on
516-21 each disputed issue described by Section 410.301(a) that is
516-22 submitted to the jury.
516-23 (b) In a trial to the court without a jury, the court in
516-24 rendering its judgment on an issue described by Section 410.301(a)
516-25 shall consider the decision of the commission appeals panel.
516-26 (V.A.C.S. Art. 8308-6.62(c) (part).)
516-27 Sec. 410.305. CONFLICT WITH RULES OF CIVIL PROCEDURE. (a)
517-1 To the extent that this subchapter conflicts with the Texas Rules
517-2 of Civil Procedure or any other rules adopted by the supreme court,
517-3 this subchapter controls.
517-4 (b) Notwithstanding Section 22.004, Government Code, or any
517-5 other law, the supreme court may not adopt rules in conflict with
517-6 or inconsistent with this subchapter. (V.A.C.S. Art. 8308-6.62(c)
517-7 (part).)
517-8 Sec. 410.306. EVIDENCE. (a) Evidence shall be adduced as
517-9 in other civil trials.
517-10 (b) The commission on payment of a reasonable fee shall make
517-11 available to the parties a certified copy of the commission's
517-12 record. All facts and evidence the record contains are admissible
517-13 to the extent allowed under the Texas Rules of Civil Evidence.
517-14 (c) Except as provided by Section 410.307, evidence of
517-15 extent of impairment shall be limited to that presented to the
517-16 commission. The court or jury, in its determination of the extent
517-17 of impairment, shall adopt an impairment rating under Section
517-18 408.123. (V.A.C.S. Art. 8308-6.62(d).)
517-19 Sec. 410.307. SUBSTANTIAL CHANGE OF CONDITION. (a)
517-20 Evidence of the extent of impairment is not limited to that
517-21 presented to the commission if the court, after a hearing, finds
517-22 that there is a substantial change of condition. The court's
517-23 finding of a substantial change of condition may be based only on:
517-24 (1) medical evidence from the same doctor or doctors
517-25 whose testimony or opinion was presented to the commission;
517-26 (2) evidence that has come to the party's knowledge
517-27 since the contested case hearing;
518-1 (3) evidence that could not have been discovered
518-2 earlier with due diligence by the party; and
518-3 (4) evidence that would probably produce a different
518-4 result if it is admitted into evidence at the trial.
518-5 (b) If substantial change of condition is disputed, the
518-6 court shall require the designated doctor in the case to verify the
518-7 substantial change of condition, if any. The findings of the
518-8 designated doctor shall be presumed to be correct, and the court
518-9 shall base its finding on the medical evidence presented by the
518-10 designated doctor in regard to substantial change of condition
518-11 unless the preponderance of the other medical evidence is to the
518-12 contrary.
518-13 (c) The substantial change of condition must be confirmable
518-14 by recognized laboratory or diagnostic tests or signs confirmable
518-15 by physical examination.
518-16 (d) If the court finds a substantial change of condition
518-17 under this section, new medical evidence of the extent of
518-18 impairment must be from and is limited to the same doctor or
518-19 doctors who made impairment ratings before the commission under
518-20 Section 408.123.
518-21 (e) The court's finding of a substantial change of condition
518-22 may not be made known to the jury.
518-23 (f) The court or jury in its determination of the extent of
518-24 impairment shall adopt one of the impairment ratings made under
518-25 this section. (V.A.C.S. Arts. 8308-6.62(e), (f), (g), (h), (i),
518-26 (j).)
518-27 Sec. 410.308. CERTIFIED COPY OF NOTICE SECURING
519-1 COMPENSATION. (a) The commission or the Texas Department of
519-2 Insurance shall furnish any interested party in the claim with a
519-3 certified copy of the notice of the employer securing compensation
519-4 with the insurance carrier, filed with the commission.
519-5 (b) The certified copy of the notice is admissible in
519-6 evidence on trial of the claim pending and is prima facie proof of
519-7 the facts stated in the notice unless the facts are denied under
519-8 oath by the opposing party. (V.A.C.S. Art. 8308-6.62(k).)
519-9 CHAPTER 411. WORKERS' HEALTH AND SAFETY
519-10 SUBCHAPTER A. GENERAL PROVISIONS
519-11 Sec. 411.001. DEFINITIONS
519-12 Sec. 411.002. APPLICATION
519-13 Sec. 411.003. IMMUNITY FROM CERTAIN LIABILITY
519-14 Sec. 411.004. EXCLUSIVE REMEDY
519-15 (Sections 411.005-411.010 reserved for expansion)
519-16 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF DIVISION
519-17 Sec. 411.011. COORDINATION AND ENFORCEMENT OF STATE LAWS
519-18 AND RULES
519-19 Sec. 411.012. COLLECTION AND ANALYSIS OF INFORMATION
519-20 Sec. 411.013. FEDERAL CONTRACTS AND PROGRAMS
519-21 Sec. 411.014. EDUCATIONAL PROGRAMS; COOPERATION WITH
519-22 OTHER ENTITIES
519-23 Sec. 411.015. EDUCATIONAL PUBLICATIONS
519-24 Sec. 411.016. PEER REVIEW SAFETY PROGRAM
519-25 Sec. 411.017. ADVISORY SERVICE TO INSURANCE CARRIERS
519-26 Sec. 411.018. FEDERAL OSHA COMPLIANCE
519-27 (Sections 411.019-411.030 reserved for expansion)
520-1 SUBCHAPTER C. JOB SAFETY INFORMATION SYSTEM
520-2 Sec. 411.031. JOB SAFETY INFORMATION SYSTEM; COOPERATION
520-3 WITH OTHER AGENCIES
520-4 Sec. 411.032. EMPLOYER INJURY AND OCCUPATIONAL
520-5 DISEASE REPORT
520-6 Sec. 411.033. JOB SAFETY DATA BASE
520-7 Sec. 411.034. CONFIDENTIALITY REQUIREMENT
520-8 Sec. 411.035. USE OF INJURY REPORT
520-9 (Sections 411.036-411.040 reserved for expansion)
520-10 SUBCHAPTER D. EXTRA-HAZARDOUS EMPLOYER PROGRAM
520-11 Sec. 411.041. IDENTIFICATION OF EXTRA-HAZARDOUS EMPLOYER
520-12 Sec. 411.042. NOTIFICATION TO EXTRA-HAZARDOUS EMPLOYER
520-13 AND INSURANCE CARRIER
520-14 Sec. 411.043. SAFETY CONSULTATION; REPORT; ACCIDENT
520-15 PREVENTION PLAN
520-16 Sec. 411.044. ACCIDENT INVESTIGATION
520-17 Sec. 411.045. COMPLIANCE CERTIFICATION
520-18 Sec. 411.046. ADMINISTRATIVE VIOLATION
520-19 Sec. 411.047. ADDITIONAL SAFETY PLAN
520-20 Sec. 411.048. COSTS CHARGED TO EMPLOYER
520-21 Sec. 411.049. HEARING
520-22 Sec. 411.050. ADMISSIBILITY OF IDENTIFICATION AS
520-23 EXTRA-HAZARDOUS EMPLOYER
520-24 (Sections 411.051-411.060 reserved for expansion)
520-25 SUBCHAPTER E. ACCIDENT PREVENTION SERVICES
520-26 Sec. 411.061. PREREQUISITE FOR LICENSE
520-27 Sec. 411.062. FIELD SAFETY REPRESENTATIVE; QUALIFICATIONS
521-1 Sec. 411.063. ACCIDENT PREVENTION PERSONNEL
521-2 Sec. 411.064. INSPECTIONS
521-3 Sec. 411.065. ANNUAL INFORMATION SUBMITTED BY INSURANCE
521-4 COMPANY
521-5 Sec. 411.066. NOTICE TO POLICYHOLDERS
521-6 Sec. 411.067. COMMISSION PERSONNEL
521-7 Sec. 411.068. ADMINISTRATIVE VIOLATION
521-8 (Sections 411.069-411.080 reserved for expansion)
521-9 SUBCHAPTER F. EMPLOYEE REPORTS OF SAFETY VIOLATIONS
521-10 Sec. 411.081. TELEPHONE HOTLINE
521-11 Sec. 411.082. EMPLOYER RETALIATION PROHIBITED
521-12 Sec. 411.083. JUDICIAL RELIEF FOR EMPLOYER RETALIATION
521-13 (Sections 411.084-411.090 reserved for expansion)
521-14 SUBCHAPTER G. POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
521-15 Sec. 411.091. ADOPTION AND DISTRIBUTION OF DRUG ABUSE POLICY
521-16 BY EMPLOYER
521-17 Sec. 411.092. ENFORCEMENT; RULES
521-18 CHAPTER 411. WORKERS' HEALTH AND SAFETY
521-19 SUBCHAPTER A. GENERAL PROVISIONS
521-20 Sec. 411.001. DEFINITIONS. In this chapter:
521-21 (1) "Division" means the division of workers' health
521-22 and safety of the commission.
521-23 (2) "Employer" means a person who makes a contract of
521-24 hire. (New; V.A.C.S. Art. 8308-7.01(a).)
521-25 Sec. 411.002. APPLICATION. (a) An employer who obtains
521-26 workers' compensation insurance coverage is subject to this
521-27 chapter.
522-1 (b) An employer is subject to this chapter if the employer:
522-2 (1) is not required to and does not obtain workers'
522-3 compensation insurance coverage; and
522-4 (2) employs five or more employees not exempt from
522-5 workers' compensation insurance coverage.
522-6 (c) Notwithstanding Subsection (b), until January 1, 1994,
522-7 an employer who is not required to and does not obtain workers'
522-8 compensation insurance coverage is subject to this chapter if the
522-9 employer employs:
522-10 (1) 150 or more employees not exempt from workers'
522-11 compensation insurance coverage beginning January 1, 1992; or
522-12 (2) 50 or more employees not exempt from workers'
522-13 compensation insurance coverage beginning January 1, 1993.
522-14 (V.A.C.S. Arts. 8308-7.01(b), (c), (d).)
522-15 Sec. 411.003. IMMUNITY FROM CERTAIN LIABILITY. (a) An
522-16 insurance company, the agent, servant, or employee of the insurance
522-17 company, or a safety consultant who performs a safety consultation
522-18 under Subchapter D or E is not liable based on an allegation that
522-19 an accident was caused or could have been prevented by a program,
522-20 inspection, or other activity or service undertaken by the
522-21 insurance company for the prevention of accidents in connection
522-22 with operations of the employer.
522-23 (b) The immunity provided by Subsection (a) does not affect
522-24 the liability of an insurance carrier for compensation or as
522-25 otherwise provided in this subtitle. (V.A.C.S. Art. 8308-7.06.)
522-26 Sec. 411.004. EXCLUSIVE REMEDY. Except as specifically
522-27 provided by Subchapter F, this chapter does not create an
523-1 independent cause of action at law or in equity. This chapter
523-2 provides the sole remedy for violation of this chapter. (V.A.C.S.
523-3 Art. 8308-7.09.)
523-4 (Sections 411.005-411.010 reserved for expansion)
523-5 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF DIVISION
523-6 Sec. 411.011. COORDINATION AND ENFORCEMENT OF STATE LAWS AND
523-7 RULES. The division shall coordinate and enforce the
523-8 implementation of state laws and rules relating to workers' health
523-9 and safety issues. (V.A.C.S. Art. 8308-7.02(a).)
523-10 Sec. 411.012. COLLECTION AND ANALYSIS OF INFORMATION. (a)
523-11 The division shall collect and serve as a repository for
523-12 statistical information on workers' health and safety. The
523-13 division shall analyze and use that information to:
523-14 (1) identify and assign priorities to safety needs;
523-15 and
523-16 (2) better coordinate the safety services provided by
523-17 public or private organizations, including insurance carriers.
523-18 (b) The division shall coordinate or supervise the
523-19 collection by state or federal entities of information relating to
523-20 job safety, including information collected for the supplementary
523-21 data system and the annual survey of the Bureau of Labor Statistics
523-22 of the United States Department of Labor. (V.A.C.S. Arts.
523-23 8308-7.02(b) (part), (c).)
523-24 Sec. 411.013. FEDERAL CONTRACTS AND PROGRAMS. With the
523-25 approval of the commission, the division may:
523-26 (1) enter into contracts with the federal government
523-27 to perform occupational safety projects; and
524-1 (2) apply for federal funds through any federal
524-2 program relating to occupational safety. (V.A.C.S. Art.
524-3 8308-7.02(d).)
524-4 Sec. 411.014. EDUCATIONAL PROGRAMS; COOPERATION WITH OTHER
524-5 ENTITIES. (a) The division shall promote workers' health and
524-6 safety through educational and other innovative programs developed
524-7 by the division.
524-8 (b) The division shall cooperate with other entities in the
524-9 development and approval of safety courses, safety plans, and
524-10 safety programs.
524-11 (c) The division shall cooperate with business and industry
524-12 trade associations, labor organizations, and other entities to
524-13 develop means and methods of educating employees and employers
524-14 concerning workplace safety. (V.A.C.S. Arts. 8308-7.02(b) (part),
524-15 (f), (g).)
524-16 Sec. 411.015. EDUCATIONAL PUBLICATIONS. (a) The division
524-17 shall publish or procure and issue educational books, pamphlets,
524-18 brochures, films, videotapes, and other informational and
524-19 educational material.
524-20 (b) Specific educational material shall be directed to
524-21 high-risk industries and employments and must specifically address
524-22 means and methods of avoiding high frequency, but preventable,
524-23 workers' injuries.
524-24 (c) Other educational material shall be directed to business
524-25 and industry generally and must specifically address means and
524-26 methods of avoiding common workers' injuries.
524-27 (d) The division shall make specific decisions regarding the
525-1 issues and problems to be addressed by the educational materials
525-2 after assigning appropriate priorities based on frequency of
525-3 injuries, degree of hazard, severity of injuries, and similar
525-4 considerations.
525-5 (e) The educational materials provided under this section
525-6 must include specific references to:
525-7 (1) the requirements of state and federal laws and
525-8 regulations;
525-9 (2) recommendations and practices of business,
525-10 industry, and trade associations; and
525-11 (3) if needed, recommended work practices based on
525-12 recommendations made by the division for the prevention of injury.
525-13 (V.A.C.S. Art. 8308-7.02(e).)
525-14 Sec. 411.016. PEER REVIEW SAFETY PROGRAM. The division
525-15 shall certify safe employers to provide peer review safety
525-16 programs. (V.A.C.S. Art. 8308-7.02(h).)
525-17 Sec. 411.017. ADVISORY SERVICE TO INSURANCE CARRIERS. The
525-18 division shall advise insurance carrier loss control service
525-19 organizations of safety needs and priorities developed by the
525-20 division and of:
525-21 (1) hazard classifications, specific employers,
525-22 industries, occupations, or geographic regions to which loss
525-23 control services should be directed; or
525-24 (2) the identity and types of injuries or occupational
525-25 diseases and means and methods for prevention of those injuries or
525-26 diseases to which loss control services should be directed.
525-27 (V.A.C.S. Art. 8308-7.02(i).)
526-1 Sec. 411.018. FEDERAL OSHA COMPLIANCE. In accordance with
526-2 Section 7(c), Occupational Safety and Health Act of 1970 (29 U.S.C.
526-3 Section 656), the division shall:
526-4 (1) consult with employers regarding compliance with
526-5 federal occupational safety laws and rules; and
526-6 (2) collect information relating to occupational
526-7 safety as required by federal laws, rules, or agreements.
526-8 (V.A.C.S. Art. 8308-7.02(j).)
526-9 (Sections 411.019-411.030 reserved for expansion)
526-10 SUBCHAPTER C. JOB SAFETY INFORMATION SYSTEM
526-11 Sec. 411.031. JOB SAFETY INFORMATION SYSTEM; COOPERATION
526-12 WITH OTHER AGENCIES. (a) The division shall maintain a job safety
526-13 information system.
526-14 (b) The division shall obtain from any state agency,
526-15 including the Texas Department of Insurance, the Texas Department
526-16 of Health, and the Texas Employment Commission, information and
526-17 statistics, including information and statistics compiled for
526-18 rate-making purposes.
526-19 (c) The division shall consult with the Texas Department of
526-20 Insurance and the Texas Employment Commission in the design of
526-21 information and retrieval systems to accomplish the mutual purposes
526-22 of those agencies and of the division. (V.A.C.S. Art.
526-23 8308-7.03(a).)
526-24 Sec. 411.032. EMPLOYER INJURY AND OCCUPATIONAL DISEASE
526-25 REPORT. (a) An employer shall file with the commission a report
526-26 of each:
526-27 (1) on-the-job injury that results in the employee's
527-1 absence from work for more than one day; and
527-2 (2) occupational disease of which the employer has
527-3 knowledge.
527-4 (b) The commission by rule shall prescribe the form and
527-5 manner of reports filed under this section. (V.A.C.S. Art.
527-6 8308-7.03(b).)
527-7 Sec. 411.033. JOB SAFETY DATA BASE. The job safety
527-8 information system must include a comprehensive data base that
527-9 incorporates all pertinent information relating to an injury report
527-10 filed under Section 411.032, including:
527-11 (1) the age, sex, wage level, occupation, and
527-12 insurance company payroll classification code of the injured
527-13 employee;
527-14 (2) the nature, source, and severity of the injury;
527-15 (3) the reported cause of the injury;
527-16 (4) the part of the body affected;
527-17 (5) any equipment involved in the injury;
527-18 (6) the number of prior workers' compensation claims
527-19 by the employee;
527-20 (7) the prior loss history of the employer;
527-21 (8) the standard industrial classification code of the
527-22 employer;
527-23 (9) the classification code of the employer; and
527-24 (10) any other information considered useful for
527-25 statistical analysis. (V.A.C.S. Art. 8308-7.03(c).)
527-26 Sec. 411.034. CONFIDENTIALITY REQUIREMENT. The identity of
527-27 an employee in a report filed under Section 411.032 is confidential
528-1 and may not be disclosed as part of the job safety information
528-2 system. (V.A.C.S. Art. 8308-7.03(d).)
528-3 Sec. 411.035. USE OF INJURY REPORT. A report made under
528-4 Section 411.032 may not be considered to be an admission by or
528-5 evidence against an employer or an insurance carrier in a
528-6 proceeding before the commission or a court in which the facts set
528-7 out in the report are contradicted by the employer or insurance
528-8 carrier. (V.A.C.S. Art. 8308-5.05(b) (part).)
528-9 (Sections 411.036-411.040 reserved for expansion)
528-10 SUBCHAPTER D. EXTRA-HAZARDOUS EMPLOYER PROGRAM
528-11 Sec. 411.041. IDENTIFICATION OF EXTRA-HAZARDOUS EMPLOYER.
528-12 (a) The division shall develop a program to identify
528-13 extra-hazardous employers. The program must include analysis of
528-14 injury frequency.
528-15 (b) An employer whose injury frequencies substantially
528-16 exceed those that may reasonably be expected in that employer's
528-17 business or industry is an extra-hazardous employer. (V.A.C.S.
528-18 Art. 8308-7.04(a) (part).)
528-19 Sec. 411.042. NOTIFICATION TO EXTRA-HAZARDOUS EMPLOYER AND
528-20 INSURANCE CARRIER. The division shall notify each employer
528-21 identified as an extra-hazardous employer and the insurance carrier
528-22 for that employer that the employer has been identified as an
528-23 extra-hazardous employer. (V.A.C.S. Art. 8308-7.04(a) (part).)
528-24 Sec. 411.043. SAFETY CONSULTATION; REPORT; ACCIDENT
528-25 PREVENTION PLAN. (a) Not later than the 30th day after the date
528-26 an employer receives notice under Section 411.042, the employer
528-27 shall obtain a safety consultation from:
529-1 (1) the division;
529-2 (2) the employer's insurance carrier; or
529-3 (3) another professional source approved by the
529-4 division for that purpose.
529-5 (b) The safety consultant shall file a written report with
529-6 the commission and the employer setting out any hazardous
529-7 conditions or practices identified by the safety consultation.
529-8 (c) The employer and the consultant shall formulate a
529-9 specific accident prevention plan that addresses the hazards
529-10 identified by the consultant. The division may monitor the
529-11 implementation of the accident prevention plan as it considers
529-12 necessary.
529-13 (d) An employer shall comply with the accident prevention
529-14 plan developed under this section. (V.A.C.S. Arts. 8308-7.04(b),
529-15 (c), (d) (part).)
529-16 Sec. 411.044. ACCIDENT INVESTIGATION. The division may
529-17 investigate an accident occurring at the worksite of an employer
529-18 for whom a plan has been formulated under Section 411.043.
529-19 (V.A.C.S. Art. 8308-7.04(d) (part).)
529-20 Sec. 411.045. COMPLIANCE CERTIFICATION. (a) Six months
529-21 after the formulation of an accident prevention plan under Section
529-22 411.043, the division shall conduct a follow-up inspection of the
529-23 employer's premises. The commission may require the participation
529-24 of the safety consultant who performed the initial consultation and
529-25 formulated the safety plan.
529-26 (b) If the division determines that the employer has
529-27 complied with the terms of the accident prevention plan or has
530-1 implemented other acceptable corrective measures, the division
530-2 shall so certify. (V.A.C.S. Art. 8308-7.04(e) (part).)
530-3 Sec. 411.046. ADMINISTRATIVE VIOLATION. (a) An employer
530-4 commits an administrative violation if the employer fails or
530-5 refuses to implement an accident prevention plan or other suitable
530-6 hazard abatement measures required by this subchapter.
530-7 (b) A violation under Subsection (a) is a Class B
530-8 administrative violation. Each day of noncompliance constitutes a
530-9 separate violation. (V.A.C.S. Art. 8308-7.04(e) (part).)
530-10 Sec. 411.047. ADDITIONAL SAFETY PLAN. (a) If at the time
530-11 of the follow-up inspection under Section 411.045 the employer is
530-12 exceeding the injury frequencies that may reasonably be expected in
530-13 the employer's business or industry, the division shall continue to
530-14 monitor the safety conditions at that worksite and may formulate
530-15 additional safety plans reasonably designed to abate hazards.
530-16 (b) The employer shall comply with the additional plans and
530-17 is subject to additional penalties for failure to implement those
530-18 plans. (V.A.C.S. Art. 8308-7.04(f).)
530-19 Sec. 411.048. COSTS CHARGED TO EMPLOYER. The commission
530-20 shall charge the employer for reimbursement of the reasonable cost
530-21 of services provided by the division, including a reasonable
530-22 allocation of the commission's administrative costs, in formulating
530-23 and monitoring the implementation of a plan under Section 411.043
530-24 or 411.047, investigating an accident under Section 411.044, or in
530-25 conducting a follow-up inspection under Section 411.045. (V.A.C.S.
530-26 Art. 8308-7.04(g).)
530-27 Sec. 411.049. HEARING. (a) An employer may request a
531-1 hearing to contest findings made by the commission under this
531-2 subchapter.
531-3 (b) The hearing shall be conducted in the manner provided
531-4 for a contested case under the Administrative Procedure and Texas
531-5 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
531-6 is subject to judicial review as provided by that Act. (V.A.C.S.
531-7 Art. 8308-7.04(h).)
531-8 Sec. 411.050. ADMISSIBILITY OF IDENTIFICATION AS
531-9 EXTRA-HAZARDOUS EMPLOYER. The identification of an employer as an
531-10 extra-hazardous employer under this subchapter is not admissible in
531-11 any judicial proceeding unless:
531-12 (1) the commission has determined that the employer is
531-13 not in compliance with this subchapter; and
531-14 (2) that determination has not been reversed or
531-15 superseded at the time of the event giving rise to the judicial
531-16 proceeding. (V.A.C.S. Art. 8308-7.04(i).)
531-17 (Sections 411.051-411.060 reserved for expansion)
531-18 SUBCHAPTER E. ACCIDENT PREVENTION SERVICES
531-19 Sec. 411.061. PREREQUISITE FOR LICENSE. (a) As a
531-20 prerequisite for a license to write workers' compensation insurance
531-21 in this state, an insurance company must maintain or provide
531-22 accident prevention facilities that are adequate to provide
531-23 accident prevention services required by the nature of its
531-24 policyholders' operations.
531-25 (b) To implement a program of accident prevention services,
531-26 a facility must include:
531-27 (1) surveys;
532-1 (2) recommendations;
532-2 (3) training programs;
532-3 (4) consultations;
532-4 (5) analyses of accident causes;
532-5 (6) industrial hygiene; and
532-6 (7) industrial health services. (V.A.C.S. Art.
532-7 8308-7.05(a) (part).)
532-8 Sec. 411.062. FIELD SAFETY REPRESENTATIVE; QUALIFICATIONS.
532-9 A field safety representative must be:
532-10 (1) a college graduate with a bachelor's degree in
532-11 science or engineering;
532-12 (2) a registered professional engineer;
532-13 (3) a certified safety professional;
532-14 (4) a certified industrial hygienist;
532-15 (5) an individual with 10 years' experience in
532-16 occupational safety and health; or
532-17 (6) an individual who has completed a certified
532-18 training program in accident prevention services approved by the
532-19 division. (V.A.C.S. Art. 8308-7.05(a) (part).)
532-20 Sec. 411.063. ACCIDENT PREVENTION PERSONNEL. (a) To
532-21 provide qualified accident prevention services, an insurance
532-22 company may:
532-23 (1) employ qualified personnel;
532-24 (2) retain qualified independent contractors;
532-25 (3) contract with the policyholder to provide the
532-26 personnel and services; or
532-27 (4) use a combination of the methods provided by this
533-1 subsection.
533-2 (b) A person who provides qualified accident prevention
533-3 services under this section must have the qualifications required
533-4 for a field safety representative. (V.A.C.S. Art. 8308-7.05(a)
533-5 (part).)
533-6 Sec. 411.064. INSPECTIONS. The division shall conduct an
533-7 inspection at least every two years to determine the adequacy of
533-8 the accident prevention services required by Section 411.061 for
533-9 each insurance company writing workers' compensation insurance in
533-10 this state. (V.A.C.S. Art. 8308-7.05(b).)
533-11 Sec. 411.065. ANNUAL INFORMATION SUBMITTED BY INSURANCE
533-12 COMPANY. (a) Each insurance company writing workers' compensation
533-13 insurance in this state shall submit to the division at least once
533-14 a year detailed information on the type of accident prevention
533-15 facilities offered to that insurance company's policyholders.
533-16 (b) The information must include:
533-17 (1) the amount of money spent by the insurance company
533-18 on accident prevention services;
533-19 (2) the number and qualifications of field safety
533-20 representatives employed by the insurance company;
533-21 (3) the number of site inspections performed;
533-22 (4) accident prevention services for which the
533-23 insurance company contracts;
533-24 (5) a breakdown of the premium size of the risks to
533-25 which services were provided;
533-26 (6) evidence of the effectiveness of and
533-27 accomplishments in accident prevention; and
534-1 (7) any additional information required by the
534-2 commission. (V.A.C.S. Art. 8308-7.05(d).)
534-3 Sec. 411.066. NOTICE TO POLICYHOLDERS. Notice that accident
534-4 prevention services are available to the policyholder from the
534-5 insurance company must appear in at least 10-point bold type on the
534-6 front of each workers' compensation insurance policy delivered or
534-7 issued for delivery in this state. (V.A.C.S. Art. 8308-7.05(c).)
534-8 Sec. 411.067. COMMISSION PERSONNEL. (a) The commission
534-9 shall employ the personnel necessary to enforce this subchapter,
534-10 including at least 10 safety inspectors to perform inspections at a
534-11 job site and at an insurance company to determine the adequacy of
534-12 the accident prevention services provided by the insurance company.
534-13 (b) A safety inspector must have the qualifications required
534-14 for a field safety representative by Section 411.062. (V.A.C.S.
534-15 Art. 8308-7.05(f).)
534-16 Sec. 411.068. ADMINISTRATIVE VIOLATION. (a) An insurance
534-17 company commits a violation if the insurance company does not:
534-18 (1) maintain or provide the accident prevention
534-19 services required by this subchapter; or
534-20 (2) use the services in a reasonable manner to prevent
534-21 injury to employees of its policyholders.
534-22 (b) A violation under Subsection (a) is a Class B
534-23 administrative violation. Each day of noncompliance constitutes a
534-24 separate violation. (V.A.C.S. Art. 8308-7.05(e).)
534-25 (Sections 411.069-411.080 reserved for expansion)
534-26 SUBCHAPTER F. EMPLOYEE REPORTS OF SAFETY VIOLATIONS
534-27 Sec. 411.081. TELEPHONE HOTLINE. (a) The division shall
535-1 maintain a 24-hour toll-free telephone service for reports of
535-2 violations of occupational health or safety law.
535-3 (b) Each employer shall notify its employees of this service
535-4 in a manner prescribed by the commission. (V.A.C.S. Art.
535-5 8308-7.08(a).)
535-6 Sec. 411.082. EMPLOYER RETALIATION PROHIBITED. An employer
535-7 may not suspend or terminate the employment of or otherwise
535-8 discriminate against an employee for using the telephone service to
535-9 report in good faith an alleged violation of an occupational health
535-10 or safety law. (V.A.C.S. Art. 8308-7.08(b).)
535-11 Sec. 411.083. JUDICIAL RELIEF FOR EMPLOYER RETALIATION. (a)
535-12 An employee whose employment is terminated or suspended in
535-13 violation of Section 411.082 is entitled to:
535-14 (1) reinstatement to the employee's former position;
535-15 (2) compensation for wages lost during the period of
535-16 suspension or termination; and
535-17 (3) reinstatement of any fringe benefits or seniority
535-18 rights lost because of the suspension or termination.
535-19 (b) An employee seeking relief under this section must file
535-20 suit not later than the 90th day after the alleged conduct of the
535-21 employer occurred or was discovered or discoverable by the employee
535-22 through reasonable diligence.
535-23 (c) An employee who prevails in a suit under this section is
535-24 entitled to recover court costs and reasonable attorney's fees.
535-25 (V.A.C.S. Art. 8308-7.08(c).)
535-26 (Sections 411.084-411.090 reserved for expansion)
535-27 SUBCHAPTER G. POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
536-1 Sec. 411.091. ADOPTION AND DISTRIBUTION OF DRUG ABUSE POLICY
536-2 BY EMPLOYER. (a) Each employer with 15 or more employees who has
536-3 workers' compensation insurance coverage shall adopt a policy
536-4 designed to eliminate drug abuse and its effects in the workplace.
536-5 (b) The employer shall distribute a written copy of the
536-6 policy to each employee. (V.A.C.S. Art. 8308-7.10(a).)
536-7 Sec. 411.092. ENFORCEMENT; RULES. The commission shall
536-8 enforce Section 411.091 and may adopt rules for that purpose.
536-9 (V.A.C.S. Art. 8308-7.10(b).)
536-10 CHAPTER 412. DIVISION OF RISK MANAGEMENT
536-11 Sec. 412.001. DEFINITIONS
536-12 Sec. 412.002. EXEMPTION OF CERTAIN STATE AGENCIES
536-13 Sec. 412.003. DUTIES OF DIVISION
536-14 Sec. 412.004. STATE RISK MANAGER
536-15 Sec. 412.005. ANNUAL REPORT BY STATE AGENCY
536-16 Sec. 412.006. RULEMAKING AUTHORITY
536-17 Sec. 412.007. COMMISSION'S REPORT TO LEGISLATURE
536-18 Sec. 412.008. INTERAGENCY CONTRACTS
536-19 CHAPTER 412. DIVISION OF RISK MANAGEMENT
536-20 Sec. 412.001. DEFINITIONS. In this chapter:
536-21 (1) "Director" means the director of the division.
536-22 (2) "Division" means the division of risk management
536-23 of the commission.
536-24 (3) "State agency" means a board, commission,
536-25 department, office, or other agency in the executive, judicial, or
536-26 legislative branch of state government that has five or more
536-27 employees, was created by the constitution or a statute of this
537-1 state, and has authority not limited to a specific geographical
537-2 portion of the state. The term includes an institution of higher
537-3 education as defined by Section 61.003, Education Code. (New;
537-4 V.A.C.S. Art. 8308-7.21(a).)
537-5 Sec. 412.002. EXEMPTION OF CERTAIN STATE AGENCIES. This
537-6 chapter does not apply to a state agency that had medical
537-7 malpractice insurance coverage, workers' compensation insurance
537-8 coverage, or other self-insurance coverage with associated risk
537-9 management programs before January 1, 1989. (V.A.C.S.
537-10 Art. 8308-7.21(b).)
537-11 Sec. 412.003. DUTIES OF DIVISION. (a) The division shall
537-12 administer guidelines adopted by the commission for a comprehensive
537-13 risk management program applicable to all state agencies to reduce
537-14 property and liability losses, including workers' compensation
537-15 losses.
537-16 (b) The division shall assist a state agency that has not
537-17 implemented an effective risk management program to implement a
537-18 comprehensive program that meets the division guidelines.
537-19 (V.A.C.S. Arts. 8308-7.21(f), (g).)
537-20 Sec. 412.004. STATE RISK MANAGER. (a) The director serves
537-21 as the state risk manager.
537-22 (b) The director shall supervise the development and
537-23 administration of systems to:
537-24 (1) identify the property and liability losses,
537-25 including workers' compensation losses, of each state agency;
537-26 (2) identify the administrative costs of risk
537-27 management incurred by each state agency;
538-1 (3) identify and evaluate the exposure of each state
538-2 agency to claims for property and liability losses, including
538-3 workers' compensation; and
538-4 (4) reduce the property and liability losses,
538-5 including workers' compensation, incurred by each state agency.
538-6 (V.A.C.S. Art. 8308-7.21(c).)
538-7 Sec. 412.005. ANNUAL REPORT BY STATE AGENCY. (a) Each
538-8 state agency shall report to the director for each fiscal year:
538-9 (1) the location, timing, frequency, severity, and
538-10 aggregate amounts of losses by category of risk, including open and
538-11 closed claims and final judgments;
538-12 (2) loss information obtained by the workers'
538-13 compensation division of the attorney general's office in the
538-14 course of its administration of the workers' compensation program
538-15 for state agencies;
538-16 (3) detailed information on existing and potential
538-17 exposures to loss, including property location and values,
538-18 descriptions of agency operations, and estimates of maximum
538-19 probable and maximum possible losses by category of risk;
538-20 (4) estimates by category of risk of losses incurred
538-21 but not reported;
538-22 (5) information the director determines necessary to
538-23 prepare a Texas Workers' Compensation Unit Statistical Report; and
538-24 (6) additional information that the director
538-25 determines to be necessary.
538-26 (b) The information shall be reported on or before 60 days
538-27 after the close of each fiscal year. (V.A.C.S. Art. 8308-7.21(d).)
539-1 Sec. 412.006. RULEMAKING AUTHORITY. The commission may
539-2 adopt rules to implement this chapter, including rules relating to
539-3 reporting requirements for a state agency. (V.A.C.S. Art.
539-4 8308-7.21(j).)
539-5 Sec. 412.007. COMMISSION'S REPORT TO LEGISLATURE. (a)
539-6 Based on the recommendations of the director, the commission shall
539-7 report to each legislature relating to:
539-8 (1) methods to reduce the exposure of state agencies
539-9 to the risks of property and liability losses, including workers'
539-10 compensation losses;
539-11 (2) the operation, financing, and management of those
539-12 risks; and
539-13 (3) the handling of claims brought against the state.
539-14 (b) The report must include:
539-15 (1) the frequency, severity, and aggregate amount of
539-16 open and closed claims in the preceding biennium by category of
539-17 risk, including final judgments;
539-18 (2) the identification of each state agency that has
539-19 not complied with the reporting requirements of this chapter; and
539-20 (3) recommendations for the coordination and
539-21 administration of a comprehensive risk management program to serve
539-22 all state agencies, including recommendations for any necessary
539-23 statutory changes. (V.A.C.S. Art. 8308-7.21(e).)
539-24 Sec. 412.008. INTERAGENCY CONTRACTS. (a) Each state agency
539-25 shall enter into an interagency contract with the commission under
539-26 Chapter 771, Government Code, to pay the costs incurred by the
539-27 commission in administering this chapter for the benefit of that
540-1 state agency. Costs payable under the contract include the cost
540-2 of:
540-3 (1) services of commission employees;
540-4 (2) materials; and
540-5 (3) equipment, including computer hardware and
540-6 software.
540-7 (b) The amount of the costs to be paid by a state agency
540-8 under the interagency contract is based on:
540-9 (1) the number of employees of the agency compared
540-10 with the total number of employees of all state agencies to which
540-11 this chapter applies;
540-12 (2) the dollar value of the agency's property and
540-13 asset and liability exposure compared to that of all state agencies
540-14 to which this chapter applies; and
540-15 (3) the number and aggregate cost of claims and losses
540-16 incurred by the agency compared to those incurred by all state
540-17 agencies to which this chapter applies. (V.A.C.S. Arts.
540-18 8308-7.21(h), (i).)
540-19 CHAPTER 413. MEDICAL REVIEW
540-20 SUBCHAPTER A. DIVISION OF MEDICAL REVIEW
540-21 Sec. 413.001. DEFINITION
540-22 Sec. 413.002. DIVISION OF MEDICAL REVIEW
540-23 Sec. 413.003. AUTHORITY TO CONTRACT
540-24 Sec. 413.004. COORDINATION WITH PROVIDERS
540-25 Sec. 413.005. MEDICAL ADVISORY COMMITTEE
540-26 Sec. 413.006. ADVISORY COMMITTEES
540-27 Sec. 413.007. INFORMATION MAINTAINED BY DIVISION
541-1 Sec. 413.008. INFORMATION FROM INSURANCE CARRIERS;
541-2 ADMINISTRATIVE VIOLATION
541-3 (Sections 413.009-413.010 reserved for expansion)
541-4 SUBCHAPTER B. MEDICAL SERVICES AND FEES
541-5 Sec. 413.011. GUIDELINES AND MEDICAL POLICIES
541-6 Sec. 413.012. MEDICAL POLICY AND GUIDELINE UPDATES REQUIRED
541-7 Sec. 413.013. PROGRAMS
541-8 Sec. 413.014. PREAUTHORIZATION
541-9 Sec. 413.015. PAYMENT BY INSURANCE CARRIERS; AUDIT
541-10 AND REVIEW
541-11 Sec. 413.016. PAYMENTS IN VIOLATION OF MEDICAL POLICIES AND
541-12 FEE GUIDELINES
541-13 Sec. 413.017. PRESUMPTION OF REASONABLENESS
541-14 Sec. 413.018. REVIEW OF MEDICAL CARE IF GUIDELINES
541-15 EXCEEDED
541-16 Sec. 413.019. INTEREST EARNED FOR DELAYED PAYMENT, REFUND,
541-17 OR OVERPAYMENT
541-18 Sec. 413.020. COMMISSION CHARGES
541-19 (Sections 413.021-413.030 reserved for expansion)
541-20 SUBCHAPTER C. DISPUTE RESOLUTION
541-21 Sec. 413.031. MEDICAL DISPUTE RESOLUTION
541-22 (Sections 413.032-413.040 reserved for expansion)
541-23 SUBCHAPTER D. HEALTH CARE PROVIDERS
541-24 Sec. 413.041. DISCLOSURE
541-25 Sec. 413.042. PRIVATE CLAIMS; ADMINISTRATIVE VIOLATION
541-26 Sec. 413.043. OVERCHARGING PROHIBITED; OFFENSE
541-27 (Sections 413.044-413.050 reserved for expansion)
542-1 SUBCHAPTER E. IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
542-2 Sec. 413.051. CONTRACTS WITH REVIEW ORGANIZATIONS AND HEALTH
542-3 CARE PROVIDERS
542-4 Sec. 413.052. PRODUCTION OF DOCUMENTS
542-5 Sec. 413.053. STANDARDS OF REPORTING AND BILLING
542-6 Sec. 413.054. IMMUNITY FROM LIABILITY
542-7 CHAPTER 413. MEDICAL REVIEW
542-8 SUBCHAPTER A. DIVISION OF MEDICAL REVIEW
542-9 Sec. 413.001. DEFINITION. In this chapter, "division" means
542-10 the division of medical review of the commission. (New.)
542-11 Sec. 413.002. DIVISION OF MEDICAL REVIEW. (a) The
542-12 commission shall maintain a division of medical review to ensure
542-13 compliance with the rules adopted under this chapter and to
542-14 implement this chapter under the policies adopted by the
542-15 commission.
542-16 (b) The division shall monitor health care providers,
542-17 insurance carriers, and workers' compensation claimants who receive
542-18 medical services to ensure the compliance of those persons with
542-19 rules adopted by the commission relating to health care, including
542-20 medical policies and fee guidelines. (V.A.C.S. Arts. 8308-8.01(a)
542-21 (part), (d).)
542-22 Sec. 413.003. AUTHORITY TO CONTRACT. The commission may
542-23 contract with a private or public entity to perform a duty or
542-24 function of the division. (V.A.C.S. Art. 8308-8.02(a).)
542-25 Sec. 413.004. COORDINATION WITH PROVIDERS. The division
542-26 shall coordinate its activities with health care providers as
542-27 necessary to perform its duties under this chapter. The
543-1 coordination may include:
543-2 (1) conducting educational seminars on commission
543-3 rules and procedures; or
543-4 (2) providing information to and requesting assistance
543-5 from professional peer review organizations. (V.A.C.S. Art.
543-6 8308-8.03.)
543-7 Sec. 413.005. MEDICAL ADVISORY COMMITTEE. (a) The medical
543-8 advisory committee advises the division in developing and
543-9 administering the medical policies, fee guidelines, and utilization
543-10 guidelines established under Section 413.011. The committee shall
543-11 advise the commission or professional organization in the review
543-12 and revision of medical policies and fee guidelines required under
543-13 Section 413.012.
543-14 (b) The medical advisory committee is composed of members
543-15 appointed by the commission as follows:
543-16 (1) a representative of a public health care facility;
543-17 (2) a representative of a private health care
543-18 facility;
543-19 (3) a doctor of medicine;
543-20 (4) a doctor of osteopathic medicine;
543-21 (5) a chiropractor;
543-22 (6) a dentist;
543-23 (7) a physical therapist;
543-24 (8) a pharmacist;
543-25 (9) a podiatrist;
543-26 (10) an occupational therapist;
543-27 (11) a medical equipment supplier;
544-1 (12) a registered nurse;
544-2 (13) a representative of employers;
544-3 (14) a representative of employees; and
544-4 (15) two representatives of the general public.
544-5 (c) Each member of the medical advisory committee must be
544-6 knowledgeable and qualified regarding work-related injuries and
544-7 diseases.
544-8 (d) The commission shall designate the presiding officer of
544-9 the medical advisory committee.
544-10 (e) The medical advisory committee shall meet at the call of
544-11 its presiding officer or at the call of a majority of the
544-12 committee. (V.A.C.S. Arts. 8308-8.23(a), (b), (c), (d); 8308-8.24
544-13 (part).)
544-14 Sec. 413.006. ADVISORY COMMITTEES. The commission may
544-15 appoint advisory committees in addition to the medical advisory
544-16 committee as it considers necessary. (V.A.C.S. Art. 8308-8.23(e).)
544-17 Sec. 413.007. INFORMATION MAINTAINED BY DIVISION. (a) The
544-18 division shall maintain a statewide data base of medical charges,
544-19 actual payments, and treatment protocols that may be used by:
544-20 (1) the commission in adopting the medical policies
544-21 and fee guidelines; and
544-22 (2) the division in administering the medical
544-23 policies, fee guidelines, or rules.
544-24 (b) The division shall ensure that the data base:
544-25 (1) contains information necessary to detect practices
544-26 and patterns in medical charges, actual payments, and treatment
544-27 protocols; and
545-1 (2) can be used in a meaningful way to allow the
545-2 commission to control medical costs as provided by this subtitle.
545-3 (c) The division shall ensure that the data base is
545-4 available for public access for a reasonable fee established by the
545-5 commission. The identities of injured workers and beneficiaries
545-6 may not be disclosed.
545-7 (d) The division shall take appropriate action to be aware
545-8 of and to maintain the most current information on developments in
545-9 the treatment and cure of injuries and diseases common in workers'
545-10 compensation cases. (V.A.C.S. Arts. 8308-8.01(b) (part), (c),
545-11 (h).)
545-12 Sec. 413.008. INFORMATION FROM INSURANCE CARRIERS;
545-13 ADMINISTRATIVE VIOLATION. (a) On request from the commission for
545-14 specific information, an insurance carrier shall provide to the
545-15 division any information in its possession, custody, or control
545-16 that reasonably relates to the commission's duties under this
545-17 subtitle and to health care:
545-18 (1) treatment;
545-19 (2) services;
545-20 (3) fees; and
545-21 (4) charges.
545-22 (b) The commission shall keep confidential information that
545-23 is confidential by law.
545-24 (c) An insurance carrier commits a violation if the
545-25 insurance carrier fails or refuses to comply with a request or
545-26 violates a rule adopted to implement this section. A violation
545-27 under this subsection is a Class C administrative violation. Each
546-1 day of noncompliance constitutes a separate violation. (V.A.C.S.
546-2 Art. 8308-8.04.)
546-3 (Sections 413.009-413.010 reserved for expansion)
546-4 SUBCHAPTER B. MEDICAL SERVICES AND FEES
546-5 Sec. 413.011. GUIDELINES AND MEDICAL POLICIES. (a) The
546-6 commission by rule shall establish medical policies and guidelines
546-7 relating to:
546-8 (1) fees charged or paid for medical services for
546-9 employees who suffer compensable injuries, including guidelines
546-10 relating to payment of fees for specific medical treatments or
546-11 services;
546-12 (2) use of medical services by employees who suffer
546-13 compensable injuries; and
546-14 (3) fees charged or paid for providing expert
546-15 testimony relating to an issue arising under this subtitle.
546-16 (b) Guidelines for medical services fees must be fair and
546-17 reasonable and designed to ensure the quality of medical care and
546-18 to achieve effective medical cost control. The guidelines may not
546-19 provide for payment of a fee in excess of the fee charged for
546-20 similar treatment of an injured individual of an equivalent
546-21 standard of living and paid by that individual or by someone acting
546-22 on that individual's behalf. The commission shall consider the
546-23 increased security of payment afforded by this subtitle in
546-24 establishing the fee guidelines.
546-25 (c) Medical policies adopted by the commission under
546-26 Subsection (a) of this section must be consistent with Sections
546-27 413.013, 413.020, 413.052, and 413.053.
547-1 (d) The commission by rule shall establish medical policies
547-2 relating to necessary treatments for injuries. Medical policies
547-3 shall be designed to ensure the quality of medical care and to
547-4 achieve effective medical cost control. (V.A.C.S. Arts.
547-5 8308-8.01(a) (part), 8308-8.21(a), (b) (part).)
547-6 Sec. 413.012. MEDICAL POLICY AND GUIDELINE UPDATES REQUIRED.
547-7 The medical policies and fee guidelines shall be reviewed and
547-8 revised at least every two years to reflect fair and reasonable
547-9 fees and to reflect medical treatment or ranges of treatment that
547-10 are reasonable or necessary at the time the review and revision is
547-11 conducted. (V.A.C.S. Art. 8308-8.24 (part).)
547-12 Sec. 413.013. PROGRAMS. The commission by rule shall
547-13 establish:
547-14 (1) a program for prospective, concurrent, and
547-15 retrospective review and resolution of a dispute regarding a health
547-16 care service;
547-17 (2) a program for the systematic monitoring of the
547-18 necessity of treatments administered and fees charged and paid for
547-19 medical services, including the authorization of prospective,
547-20 concurrent, or retrospective review under the medical policies of
547-21 the commission to ensure that the medical policies or guidelines
547-22 are not exceeded;
547-23 (3) a program to detect practices and patterns by
547-24 insurance carriers in unreasonably denying authorization of payment
547-25 for medical services requested or performed if authorization is
547-26 required by the medical policies of the commission; and
547-27 (4) a program to increase the intensity of review for
548-1 compliance with the medical policies or fee guidelines for any
548-2 health care provider that has established a practice or pattern in
548-3 fees and treatments inconsistent with the medical policies and fee
548-4 guidelines. (V.A.C.S. Art. 8308-8.21(b) (part).)
548-5 Sec. 413.014. PREAUTHORIZATION. (a) The commission by rule
548-6 shall specify which health care treatments and services require
548-7 express preauthorization by the insurance carrier. Treatments and
548-8 services for a medical emergency do not require express
548-9 preauthorization.
548-10 (b) The insurance carrier is not liable for those specified
548-11 treatments and services unless preauthorization is sought by the
548-12 claimant or health care provider and either obtained from the
548-13 insurance carrier or ordered by the commission. (V.A.C.S. Art.
548-14 8308-8.28(a).)
548-15 Sec. 413.015. PAYMENT BY INSURANCE CARRIERS; AUDIT AND
548-16 REVIEW. (a) Insurance carriers shall make appropriate payment of
548-17 charges for medical services provided under this subtitle.
548-18 (b) The commission shall provide by rule for the review and
548-19 audit of the payment by insurance carriers of charges for medical
548-20 services provided under this subtitle to ensure compliance of
548-21 health care providers and insurance carriers with the medical
548-22 policies and fee guidelines adopted by the commission.
548-23 (c) The rules must require the insurance carrier to pay the
548-24 expenses of the review and audit. (V.A.C.S. Art. 8308-8.01(b)
548-25 (part).)
548-26 Sec. 413.016. PAYMENTS IN VIOLATION OF MEDICAL POLICIES AND
548-27 FEE GUIDELINES. (a) The division shall order a refund of charges
549-1 paid to a health care provider in excess of those allowed by the
549-2 medical policies or fee guidelines. The division shall also refer
549-3 the health care provider alleged to have violated this subtitle to
549-4 the division of compliance and practices.
549-5 (b) If the division determines that an insurance carrier has
549-6 paid medical charges that are inconsistent with the medical
549-7 policies or fee guidelines adopted by the commission, the division
549-8 shall refer the insurance carrier alleged to have violated this
549-9 subtitle to the division of compliance and practices. If the
549-10 insurance carrier reduced a charge of a health care provider that
549-11 was within the guidelines, the insurance carrier shall be directed
549-12 to submit the difference to the provider unless the reduction is in
549-13 accordance with an agreement between the health care provider and
549-14 the insurance carrier. (V.A.C.S. Arts. 8308-8.01(e), (f).)
549-15 Sec. 413.017. PRESUMPTION OF REASONABLENESS. The following
549-16 medical services are presumed reasonable:
549-17 (1) medical services consistent with the medical
549-18 policies and fee guidelines adopted by the commission; and
549-19 (2) medical services that are provided subject to
549-20 prospective, concurrent, or retrospective review as required by the
549-21 medical policies of the commission and that are authorized by an
549-22 insurance carrier. (V.A.C.S. Art. 8308-8.25.)
549-23 Sec. 413.018. REVIEW OF MEDICAL CARE IF GUIDELINES EXCEEDED.
549-24 (a) The commission by rule shall provide for the periodic review
549-25 of medical care provided in claims in which lost-time guidelines or
549-26 other appropriate guidelines are exceeded.
549-27 (b) The division shall review the medical treatment provided
550-1 in a claim that exceeds the guidelines and may take appropriate
550-2 action to ensure that necessary and reasonable care is provided.
550-3 (V.A.C.S. Art. 8308-8.01(g).)
550-4 Sec. 413.019. INTEREST EARNED FOR DELAYED PAYMENT, REFUND,
550-5 OR OVERPAYMENT. (a) Interest on an unpaid fee or charge that is
550-6 consistent with the fee guidelines accrues at the rate provided by
550-7 Section 401.023 beginning on the 60th day after the date the health
550-8 care provider submits the fee or charge to an insurance carrier
550-9 until the date the fee or charge is paid.
550-10 (b) Interest on a refund from a health care provider accrues
550-11 at the rate provided by Section 401.023 beginning on the 60th day
550-12 after the date the provider receives notice of alleged overpayment
550-13 from the insurance carrier until the date the refund is paid.
550-14 (V.A.C.S. Art. 8308-8.27.)
550-15 Sec. 413.020. COMMISSION CHARGES. The commission by rule
550-16 shall establish procedures to enable the commission to charge:
550-17 (1) an insurance carrier a reasonable fee for access
550-18 to or evaluation of health care treatment, fees, or charges under
550-19 this subtitle; and
550-20 (2) a health care provider who exceeds a fee or
550-21 utilization guideline established under this subtitle or an
550-22 insurance carrier who unreasonably disputes charges that are
550-23 consistent with a fee or utilization guideline established under
550-24 this subtitle a reasonable fee for review of health care treatment,
550-25 fees, or charges under this subtitle. (V.A.C.S. Art. 8308-8.21(b)
550-26 (part).)
550-27 (Sections 413.021-413.030 reserved for expansion)
551-1 SUBCHAPTER C. DISPUTE RESOLUTION
551-2 Sec. 413.031. MEDICAL DISPUTE RESOLUTION. (a) A party,
551-3 including a health care provider, is entitled to a review of a
551-4 medical service provided or for which authorization of payment is
551-5 sought if a health care provider is:
551-6 (1) denied payment or paid a reduced amount for the
551-7 medical service rendered;
551-8 (2) denied authorization for the payment for the
551-9 service requested or performed if authorization is required by the
551-10 medical policies of the commission; or
551-11 (3) ordered by the division to refund a payment
551-12 received for a medical service rendered.
551-13 (b) A health care provider who submits a charge in excess of
551-14 the fee guidelines or treatment policies is entitled to a review of
551-15 the medical service to determine if reasonable medical
551-16 justification exists for the deviation.
551-17 (c) A review of a medical service under this section shall
551-18 be provided by a health care provider professional review
551-19 organization if requested by the health care practitioner or if
551-20 ordered by the commission.
551-21 (d) A party to a medical dispute that remains unresolved
551-22 after a review of the medical service under this section is
551-23 entitled to a hearing. The hearing shall be conducted in the
551-24 manner provided for a contested case under the Administrative
551-25 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
551-26 Civil Statutes). (V.A.C.S. Art. 8308-8.26.)
551-27 (Sections 413.032-413.040 reserved for expansion)
552-1 SUBCHAPTER D. HEALTH CARE PROVIDERS
552-2 Sec. 413.041. DISCLOSURE. A health care provider who refers
552-3 a workers' compensation claimant to another health care provider in
552-4 which the referring provider has more than a five percent financial
552-5 interest shall file an annual disclosure statement with the
552-6 commission as provided by commission rules and shall disclose the
552-7 interest to the insurance carrier at the time of the referral. The
552-8 referring provider shall specify the degree of the financial
552-9 interest and shall provide other information as required by
552-10 commission rules. (V.A.C.S. Art. 8308-8.41.)
552-11 Sec. 413.042. PRIVATE CLAIMS; ADMINISTRATIVE VIOLATION. (a)
552-12 A health care provider may not pursue a private claim against a
552-13 workers' compensation claimant for all or part of the cost of a
552-14 health care service provided to the claimant by the provider
552-15 unless:
552-16 (1) the injury is finally adjudicated not compensable
552-17 under this subtitle; or
552-18 (2) the employee violates Section 408.022 relating to
552-19 the selection of a doctor and the doctor did not know of the
552-20 violation at the time the services were rendered.
552-21 (b) A health care provider commits a violation if the
552-22 provider violates Subsection (a) of this section. A violation
552-23 under this subsection is a Class B administrative violation.
552-24 (V.A.C.S. Art. 8308-8.42.)
552-25 Sec. 413.043. OVERCHARGING PROHIBITED; OFFENSE. (a) A
552-26 health care provider commits an offense if the person knowingly
552-27 charges an insurance carrier an amount greater than that normally
553-1 charged for similar treatment to a payor outside the workers'
553-2 compensation system, except for mandated or negotiated charges.
553-3 (b) An offense under this section is a Class A misdemeanor.
553-4 (V.A.C.S. Arts. 8308-10.08(a), (b).)
553-5 (Sections 413.044-413.050 reserved for expansion)
553-6 SUBCHAPTER E. IMPLEMENTATION OF COMMISSION POWERS AND DUTIES
553-7 Sec. 413.051. CONTRACTS WITH REVIEW ORGANIZATIONS AND HEALTH
553-8 CARE PROVIDERS. (a) The commission may contract with a health
553-9 care provider professional review organization or other entity to
553-10 develop, maintain, or review medical policies or fee guidelines or
553-11 to review compliance with the medical policies or fee guidelines.
553-12 (b) For purposes of review or resolution of a dispute as to
553-13 compliance with the medical policies or fee guidelines, the
553-14 commission may contract only with a health care provider
553-15 professional review organization that includes in the review
553-16 process health care practitioners who are licensed in the category
553-17 under review and are of the same field or specialty as the category
553-18 under review.
553-19 (c) The commission may contract with a health care provider
553-20 for medical consultant services, including:
553-21 (1) independent medical examinations;
553-22 (2) medical case reviews; or
553-23 (3) establishment of medical policies and fee
553-24 guidelines. (V.A.C.S. Arts. 8308-8.02(b), 8308-8.22.)
553-25 Sec. 413.052. PRODUCTION OF DOCUMENTS. The commission by
553-26 rule shall establish procedures to enable the commission to compel
553-27 the production of documents. (V.A.C.S. Art. 8308-8.21(b) (part).)
554-1 Sec. 413.053. STANDARDS OF REPORTING AND BILLING. The
554-2 commission by rule shall establish standards of reporting and
554-3 billing governing both form and content. (V.A.C.S.
554-4 Art. 8308-8.21(b) (part).)
554-5 Sec. 413.054. IMMUNITY FROM LIABILITY. (a) A person who
554-6 performs services for the commission as a designated doctor, an
554-7 independent medical examiner, a doctor performing a medical case
554-8 review, or a member of a peer review panel has the same immunity
554-9 from liability as a commission member under Section 402.010.
554-10 (b) Immunity from liability under this section does not
554-11 apply to a person providing medical treatment to an injured
554-12 employee. (V.A.C.S. Art. 8308-8.05.)
554-13 CHAPTER 414. DIVISION OF COMPLIANCE AND PRACTICES
554-14 Sec. 414.001. DEFINITION
554-15 Sec. 414.002. MONITORING DUTIES
554-16 Sec. 414.003. COMPILATION AND USE OF INFORMATION
554-17 Sec. 414.004. PERFORMANCE REVIEW OF INSURANCE CARRIERS
554-18 Sec. 414.005. INVESTIGATION UNIT
554-19 Sec. 414.006. REFERRAL TO OTHER AUTHORITIES
554-20 Sec. 414.007. REVIEW OF REFERRALS FROM DIVISION
554-21 OF MEDICAL REVIEW
554-22 CHAPTER 414. DIVISION OF COMPLIANCE AND PRACTICES
554-23 Sec. 414.001. DEFINITION. In this chapter, "division" means
554-24 the division of compliance and practices. (New.)
554-25 Sec. 414.002. MONITORING DUTIES. (a) The division shall
554-26 monitor for compliance with commission rules, this subtitle, and
554-27 other laws relating to workers' compensation the conduct of persons
555-1 subject to this subtitle, other than persons monitored by the
555-2 division of medical review.
555-3 (b) The division shall monitor conduct described by Sections
555-4 415.001, 415.002, and 415.003 and refer persons engaging in that
555-5 conduct to the division of hearings. Persons to be monitored
555-6 include:
555-7 (1) persons claiming benefits under this subtitle;
555-8 (2) employers;
555-9 (3) insurance carriers; and
555-10 (4) attorneys and other representatives of parties.
555-11 (c) The division shall monitor payments made to health care
555-12 providers on behalf of workers' compensation claimants who receive
555-13 medical services to ensure that the payments are made on time as
555-14 required by Section 408.027. (V.A.C.S. Arts. 8308-9.01, 8308-9.03,
555-15 8308-10.07(a) (part).)
555-16 Sec. 414.003. COMPILATION AND USE OF INFORMATION. (a) The
555-17 division shall compile and maintain statistical and other
555-18 information as necessary to detect practices or patterns of conduct
555-19 by persons subject to monitoring under this chapter that:
555-20 (1) violate this subtitle or commission rules; or
555-21 (2) otherwise adversely affect the workers'
555-22 compensation system of this state.
555-23 (b) The commission shall use the information compiled under
555-24 this section to impose appropriate penalties and other sanctions
555-25 under Chapters 415 and 416. (V.A.C.S. Art. 8308-9.04.)
555-26 Sec. 414.004. PERFORMANCE REVIEW OF INSURANCE CARRIERS. (a)
555-27 The division shall review regularly the workers' compensation
556-1 records of insurance carriers as required to ensure compliance with
556-2 this subtitle.
556-3 (b) Each insurance carrier, the carrier's agents, and those
556-4 with whom the carrier has contracted to provide, review, or monitor
556-5 services under this subtitle shall:
556-6 (1) cooperate with the division;
556-7 (2) make available to the division any records or
556-8 other necessary information; and
556-9 (3) allow the division access to the information at
556-10 reasonable times at the person's offices.
556-11 (c) The insurance carrier, other than a governmental entity,
556-12 shall pay the reasonable expenses, including travel expenses, of an
556-13 auditor who audits the workers' compensation records at the office
556-14 of the insurance carrier. (V.A.C.S. Art. 8308-9.02.)
556-15 Sec. 414.005. INVESTIGATION UNIT. The division shall
556-16 maintain an investigation unit to conduct investigations relating
556-17 to alleged violations of this subtitle or commission rules, with
556-18 particular emphasis on violations of Chapters 415 and 416.
556-19 (V.A.C.S. Art. 8308-9.06(a).)
556-20 Sec. 414.006. REFERRAL TO OTHER AUTHORITIES. For further
556-21 investigation or the institution of appropriate proceedings, the
556-22 division may refer the persons involved in a case subject to an
556-23 investigation to:
556-24 (1) the division of hearings; or
556-25 (2) other appropriate authorities, including licensing
556-26 agencies, district and county attorneys, or the attorney general.
556-27 (V.A.C.S. Art. 8308-9.06(b).)
557-1 Sec. 414.007. REVIEW OF REFERRALS FROM DIVISION OF MEDICAL
557-2 REVIEW. The division shall review information and referrals
557-3 received from the division of medical review concerning alleged
557-4 violations of this subtitle and, under Sections 414.005 and 414.006
557-5 and Chapters 415 and 416, may conduct investigations, make
557-6 referrals to other authorities, and initiate administrative
557-7 violation proceedings. (V.A.C.S. Art. 8308-9.05.)
557-8 CHAPTER 415. ADMINISTRATIVE VIOLATIONS
557-9 SUBCHAPTER A. PROHIBITED ACTS
557-10 Sec. 415.001. ADMINISTRATIVE VIOLATION BY REPRESENTATIVE
557-11 OF EMPLOYEE OR LEGAL BENEFICIARY
557-12 Sec. 415.002. ADMINISTRATIVE VIOLATION BY AN INSURANCE
557-13 CARRIER
557-14 Sec. 415.003. ADMINISTRATIVE VIOLATION BY HEALTH CARE
557-15 PROVIDER
557-16 Sec. 415.004. PENALTY SPECIFIED IN OTHER LAW
557-17 Sec. 415.005. OVERCHARGING BY HEALTH CARE PROVIDERS
557-18 PROHIBITED; ADMINISTRATIVE VIOLATION
557-19 Sec. 415.006. EMPLOYER CHARGEBACKS PROHIBITED; ADMINISTRATIVE
557-20 VIOLATION
557-21 Sec. 415.007. LOANS BY ATTORNEYS PROHIBITED
557-22 Sec. 415.008. FRAUDULENTLY OBTAINING OR DENYING BENEFITS;
557-23 ADMINISTRATIVE VIOLATION
557-24 Sec. 415.009. FRIVOLOUS ACTIONS; ADMINISTRATIVE VIOLATION
557-25 Sec. 415.010. BREACH OF AGREEMENT; ADMINISTRATIVE
557-26 VIOLATION
557-27 (Sections 415.011-415.020 reserved for expansion)
558-1 SUBCHAPTER B. PENALTIES
558-2 Sec. 415.021. ASSESSMENT OF ADMINISTRATIVE PENALTIES
558-3 Sec. 415.022. CLASSIFICATION OF ADMINISTRATIVE VIOLATIONS;
558-4 PENALTIES
558-5 Sec. 415.023. COMMISSION OF WRONGFUL ACT AS MATTER OF PRACTICE;
558-6 ADMINISTRATIVE VIOLATION
558-7 (Sections 415.024-415.030 reserved for expansion)
558-8 SUBCHAPTER C. PROCEDURES
558-9 Sec. 415.031. INITIATION OF ADMINISTRATIVE VIOLATION
558-10 PROCEEDINGS
558-11 Sec. 415.032. NOTICE OF POSSIBLE ADMINISTRATIVE VIOLATION;
558-12 RESPONSE
558-13 Sec. 415.033. FAILURE TO RESPOND
558-14 Sec. 415.034. HEARING PROCEDURES
558-15 Sec. 415.035. JUDICIAL REVIEW
558-16 CHAPTER 415. ADMINISTRATIVE VIOLATIONS
558-17 SUBCHAPTER A. PROHIBITED ACTS
558-18 Sec. 415.001. ADMINISTRATIVE VIOLATION BY REPRESENTATIVE OF
558-19 EMPLOYEE OR LEGAL BENEFICIARY. A representative of an employee or
558-20 legal beneficiary commits an administrative violation if the person
558-21 wilfully or intentionally:
558-22 (1) fails without good cause to attend a dispute
558-23 resolution proceeding within the commission;
558-24 (2) attends a dispute resolution proceeding within the
558-25 commission without complete authority or fails to exercise
558-26 authority to effectuate an agreement or settlement;
558-27 (3) commits an act of barratry under Section 38.12,
559-1 Penal Code;
559-2 (4) withholds from the employee's or legal
559-3 beneficiary's weekly benefits or from advances amounts not
559-4 authorized to be withheld by the commission;
559-5 (5) enters into a settlement or agreement without the
559-6 knowledge, consent, and signature of the employee or legal
559-7 beneficiary;
559-8 (6) takes a fee or withholds expenses in excess of the
559-9 amounts authorized by the commission;
559-10 (7) refuses or fails to make prompt delivery to the
559-11 employee or legal beneficiary of funds belonging to the employee or
559-12 legal beneficiary as a result of a settlement, agreement, order, or
559-13 award;
559-14 (8) violates the Texas Disciplinary Rules of
559-15 Professional Conduct of the State Bar of Texas;
559-16 (9) misrepresents the provisions of this subtitle to
559-17 an employee, an employer, a health care provider, or a legal
559-18 beneficiary;
559-19 (10) violates a commission rule; or
559-20 (11) fails to comply with this subtitle. (V.A.C.S.
559-21 Art. 8308-10.07(a) (part).)
559-22 Sec. 415.002. ADMINISTRATIVE VIOLATION BY AN INSURANCE
559-23 CARRIER. (a) An insurance carrier or its representative commits
559-24 an administrative violation if that person wilfully or
559-25 intentionally:
559-26 (1) misrepresents a provision of this subtitle to an
559-27 employee, an employer, a health care provider, or a legal
560-1 beneficiary;
560-2 (2) fails to submit to the commission a settlement or
560-3 agreement of the parties;
560-4 (3) fails to timely notify the commission of the
560-5 termination or reduction of benefits and the reason for that
560-6 action;
560-7 (4) terminates or reduces benefits without
560-8 substantiating evidence that the action is reasonable and
560-9 authorized by law;
560-10 (5) instructs an employer not to file a document
560-11 required to be filed with the commission;
560-12 (6) instructs or encourages an employer to violate a
560-13 claimant's right to medical benefits under this subtitle;
560-14 (7) fails to tender promptly full death benefits if a
560-15 legitimate dispute does not exist as to the liability of the
560-16 insurance carrier;
560-17 (8) allows an employer, other than a self-insured
560-18 employer, to dictate the methods by which and the terms on which a
560-19 claim is handled and settled;
560-20 (9) fails to confirm medical benefits coverage to a
560-21 person or facility providing medical treatment to a claimant if a
560-22 legitimate dispute does not exist as to the liability of the
560-23 insurance carrier;
560-24 (10) fails, without good cause, to attend a dispute
560-25 resolution proceeding within the commission;
560-26 (11) attends a dispute resolution proceeding within
560-27 the commission without complete authority or fails to exercise
561-1 authority to effectuate agreement or settlement;
561-2 (12) adjusts a workers' compensation claim in a manner
561-3 contrary to license requirements for an insurance adjuster,
561-4 including the requirements of Chapter 407, Acts of the 63rd
561-5 Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
561-6 Insurance Code), or the rules of the State Board of Insurance;
561-7 (13) fails to process claims promptly in a reasonable
561-8 and prudent manner;
561-9 (14) fails to initiate or reinstate benefits when due
561-10 if a legitimate dispute does not exist as to the liability of the
561-11 insurance carrier;
561-12 (15) misrepresents the reason for not paying benefits
561-13 or terminating or reducing the payment of benefits;
561-14 (16) dates documents to misrepresent the actual date
561-15 of the initiation of benefits;
561-16 (17) makes a notation on a draft or other instrument
561-17 indicating that the draft or instrument represents a final
561-18 settlement of a claim if the claim is still open and pending before
561-19 the commission;
561-20 (18) fails or refuses to pay benefits from week to
561-21 week as and when due directly to the person entitled to the
561-22 benefits;
561-23 (19) fails to pay an order awarding benefits;
561-24 (20) controverts a claim if the evidence clearly
561-25 indicates liability;
561-26 (21) unreasonably denies preauthorization required
561-27 under Section 413.014 or unreasonably disputes the reasonableness
562-1 and necessity of health care;
562-2 (22) violates a commission rule; or
562-3 (23) fails to comply with a provision of this
562-4 subtitle.
562-5 (b) An insurance carrier or its representative does not
562-6 commit an administrative violation under Subsection (a)(8) by
562-7 allowing an employer to:
562-8 (1) freely discuss a claim;
562-9 (2) assist in the investigation and evaluation of a
562-10 claim; or
562-11 (3) attend a proceeding of the commission and
562-12 participate at the proceeding in accordance with this subtitle.
562-13 (V.A.C.S. Art. 8308-10.07(b).)
562-14 Sec. 415.003. ADMINISTRATIVE VIOLATION BY HEALTH CARE
562-15 PROVIDER. A health care provider commits an administrative
562-16 violation if the person wilfully or intentionally:
562-17 (1) submits a charge for health care that was not
562-18 furnished;
562-19 (2) administers improper, unreasonable, or medically
562-20 unnecessary treatment or services;
562-21 (3) fails or refuses to timely file required reports
562-22 or records;
562-23 (4) makes an unnecessary referral;
562-24 (5) fails to disclose an interest as required by
562-25 Section 413.041;
562-26 (6) violates the commission's fee and treatment
562-27 guidelines;
563-1 (7) violates a commission rule; or
563-2 (8) fails to comply with a provision of this subtitle.
563-3 (V.A.C.S. Art. 8308-10.07(c).)
563-4 Sec. 415.004. PENALTY SPECIFIED IN OTHER LAW. If an act
563-5 that is an administrative violation under Section 415.001, 415.002,
563-6 or 415.003 is expressly made an administrative violation of a
563-7 particular class or subject to a specified penalty in another
563-8 section of this subtitle, the administrative penalty assessed under
563-9 that section, and not under Section 415.001, 415.002, or 415.003,
563-10 prevails. (New.)
563-11 Sec. 415.005. OVERCHARGING BY HEALTH CARE PROVIDERS
563-12 PROHIBITED; ADMINISTRATIVE VIOLATION. (a) A health care provider
563-13 commits a violation if the person charges an insurance carrier an
563-14 amount greater than that normally charged for similar treatment to
563-15 a payor outside the workers' compensation system, except for
563-16 mandated or negotiated charges.
563-17 (b) A violation under this section is a Class B
563-18 administrative violation. A health care provider may be liable for
563-19 an administrative penalty regardless of whether a criminal action
563-20 is initiated under Section 413.043. (V.A.C.S. Art. 8308-10.08(c).)
563-21 Sec. 415.006. EMPLOYER CHARGEBACKS PROHIBITED;
563-22 ADMINISTRATIVE VIOLATION. (a) An employer may not collect from an
563-23 employee, directly or indirectly, a premium or other fee paid by
563-24 the employer to obtain workers' compensation insurance coverage,
563-25 except as provided by Sections 406.123 and 406.144.
563-26 (b) An employee or legal beneficiary of an employee has a
563-27 right of action to recover damages against an employer who violates
564-1 Subsection (a).
564-2 (c) A person commits a violation if the person violates
564-3 Subsection (a). A violation under this subsection is a Class C
564-4 administrative violation. (V.A.C.S. Art. 8308-10.02.)
564-5 Sec. 415.007. Loans by Attorneys Prohibited. (a) An
564-6 attorney who represents a claimant before the commission may not
564-7 lend money to the claimant during the pendency of the workers'
564-8 compensation claim.
564-9 (b) The attorney may assist the claimant in obtaining
564-10 financial assistance from another source if the attorney is not
564-11 personally liable for the credit extended to the claimant.
564-12 (V.A.C.S. Art. 8308-10.03.)
564-13 Sec. 415.008. Fraudulently Obtaining or Denying Benefits;
564-14 Administrative Violation. (a) A person commits a violation if the
564-15 person, to obtain or deny a payment of a workers' compensation
564-16 benefit or the provision of a benefit for the person or another,
564-17 knowingly or intentionally:
564-18 (1) makes a false or misleading statement;
564-19 (2) misrepresents or conceals a material fact;
564-20 (3) fabricates, alters, conceals, or destroys a
564-21 document; or
564-22 (4) conspires to commit an act described by
564-23 Subdivision (1), (2), or (3).
564-24 (b) A violation under this section is a Class B
564-25 administrative violation.
564-26 (c) A person who has obtained an excess payment in violation
564-27 of this section is liable for full repayment plus interest computed
565-1 at the rate prescribed by Section 401.023. If the person is an
565-2 employee or person claiming death benefits, the repayment may be
565-3 redeemed from future income or death benefits to which the person
565-4 is otherwise entitled.
565-5 (d) An employer who has committed an act described by
565-6 Subsection (a) that results in denial of payments is liable for the
565-7 past benefit payments that would otherwise have been payable by the
565-8 insurance carrier during the period of denial, plus interest
565-9 computed at the rate prescribed by Section 401.023. The insurance
565-10 carrier is not liable for benefit payments during the period of
565-11 denial.
565-12 (e) If an administrative violation proceeding is pending
565-13 under this section against an employee or person claiming death
565-14 benefits, the commission may not take final action on the person's
565-15 benefits. (V.A.C.S. Art. 8308-10.04.)
565-16 Sec. 415.009. Frivolous Actions; Administrative Violation.
565-17 (a) A person commits a violation if the person knowingly brings,
565-18 prosecutes, or defends an action for benefits under this subtitle
565-19 or requests initiation of an administrative violation proceeding
565-20 that does not have a basis in fact or is not warranted by existing
565-21 law or a good faith argument for the extension, modification, or
565-22 reversal of existing law.
565-23 (b) A violation under Subsection (a) is a Class B
565-24 administrative violation. (V.A.C.S. Art. 8308-10.05.)
565-25 Sec. 415.010. BREACH OF AGREEMENT; ADMINISTRATIVE VIOLATION.
565-26 (a) A party to an agreement approved by the commission commits a
565-27 violation if the person knowingly breaches a provision of the
566-1 agreement.
566-2 (b) A violation under Subsection (a) is a Class C
566-3 administrative violation. (V.A.C.S. Art. 8308-10.06.)
566-4 (Sections 415.011-415.020 reserved for expansion)
566-5 SUBCHAPTER B. PENALTIES
566-6 Sec. 415.021. ASSESSMENT OF ADMINISTRATIVE PENALTIES. (a)
566-7 The commission may assess an administrative penalty against a
566-8 person who commits an administrative violation.
566-9 (b) The commission may assess an administrative penalty not
566-10 to exceed $10,000 and may enter a cease and desist order against a
566-11 person who:
566-12 (1) commits repeated administrative violations;
566-13 (2) allows, as a business practice, the commission of
566-14 repeated administrative violations; or
566-15 (3) violates an order or decision of the commission.
566-16 (c) In assessing an administrative penalty, the commission
566-17 shall consider:
566-18 (1) the seriousness of the violation, including the
566-19 nature, circumstances, consequences, extent, and gravity of the
566-20 prohibited act;
566-21 (2) the history and extent of previous administrative
566-22 violations;
566-23 (3) the demonstrated good faith of the violator,
566-24 including actions taken to rectify the consequences of the
566-25 prohibited act;
566-26 (4) the economic benefit resulting from the prohibited
566-27 act;
567-1 (5) the penalty necessary to deter future violations;
567-2 and
567-3 (6) other matters that justice may require.
567-4 (d) A penalty may be assessed only after the person charged
567-5 with an administrative violation has been given an opportunity for
567-6 a hearing under Subchapter C. (V.A.C.S. Art. 8308-10.21.)
567-7 Sec. 415.022. CLASSIFICATION OF ADMINISTRATIVE VIOLATIONS;
567-8 PENALTIES. Administrative violations are classified as follows:
567-9 (1) a Class A administrative violation, punishable by
567-10 an administrative penalty not to exceed $10,000;
567-11 (2) a Class B administrative violation, punishable by
567-12 an administrative penalty not to exceed $5,000;
567-13 (3) a Class C administrative violation, punishable by
567-14 an administrative penalty not to exceed $1,000; and
567-15 (4) a Class D administrative violation, punishable by
567-16 an administrative penalty not to exceed $500. (V.A.C.S. Art.
567-17 8308-10.22.)
567-18 Sec. 415.023. COMMISSION OF WRONGFUL ACT AS MATTER OF
567-19 PRACTICE; ADMINISTRATIVE VIOLATION. (a) A person who commits an
567-20 administrative violation under Section 415.001, 415.002, or 415.003
567-21 as a matter of practice is subject to an applicable rule adopted
567-22 under Subsection (b) in addition to the penalty assessed for the
567-23 violation.
567-24 (b) The commission may adopt rules providing for:
567-25 (1) a reduction or denial of fees;
567-26 (2) public or private reprimand by the commission;
567-27 (3) suspension from practice before the commission; or
568-1 (4) restriction, suspension, or revocation of the
568-2 right to receive reimbursement under this subtitle. (V.A.C.S. Art.
568-3 8308-10.07(d).)
568-4 (Sections 415.024-415.030 reserved for expansion)
568-5 SUBCHAPTER C. PROCEDURES
568-6 Sec. 415.031. INITIATION OF ADMINISTRATIVE VIOLATION
568-7 PROCEEDINGS. Any person may request the initiation of
568-8 administrative violation proceedings by filing a written allegation
568-9 with the director of the division of compliance and practices.
568-10 (V.A.C.S. Art. 8308-10.31.)
568-11 Sec. 415.032. NOTICE OF POSSIBLE ADMINISTRATIVE VIOLATION;
568-12 RESPONSE. (a) If investigation by the division of compliance and
568-13 practices indicates that an administrative violation has occurred,
568-14 the division shall notify the person alleged to have committed the
568-15 violation in writing of:
568-16 (1) the charge;
568-17 (2) the proposed penalty;
568-18 (3) the right to consent to the charge and the
568-19 penalty; and
568-20 (4) the right to request a hearing.
568-21 (b) Not later than the 20th day after the date on which
568-22 notice is received, the charged party shall:
568-23 (1) remit the amount of the penalty to the commission;
568-24 or
568-25 (2) submit to the commission a written request for a
568-26 hearing. (V.A.C.S. Art. 8308-10.32.)
568-27 Sec. 415.033. FAILURE TO RESPOND. If, without good cause, a
569-1 charged party fails to respond as required under Section 415.032,
569-2 the penalty is due and the commission shall initiate enforcement
569-3 proceedings. (V.A.C.S. Art. 8308-10.34.)
569-4 Sec. 415.034. HEARING PROCEDURES. (a) On request of the
569-5 charged party or at the discretion of the director of the division
569-6 of hearings, the division of hearings shall set a hearing. The
569-7 hearing shall be conducted in the manner provided for a contested
569-8 case under the Administrative Procedure and Texas Register Act
569-9 (Article 6252-13a, Vernon's Texas Civil Statutes).
569-10 (b) At the close of the hearing, the hearing officer
569-11 conducting the hearing shall make findings of fact and conclusions
569-12 of law and shall issue a written decision. If the hearing officer
569-13 determines that an administrative violation has occurred, the
569-14 hearing officer shall include in the decision the amount of the
569-15 administrative penalty assessed and shall order payment of the
569-16 penalty.
569-17 (c) The findings of fact, the decision, and the order shall
569-18 be sent immediately to the charged party. (V.A.C.S. Art.
569-19 8308-10.33.)
569-20 Sec. 415.035. JUDICIAL REVIEW. (a) A decision under
569-21 Section 415.034 is subject to judicial review in the manner
569-22 provided for judicial review under the Administrative Procedure and
569-23 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
569-24 Statutes).
569-25 (b) If an administrative penalty is assessed, the person
569-26 charged shall:
569-27 (1) forward the amount of the penalty to the executive
570-1 director for deposit in an escrow account; or
570-2 (2) post with the executive director a bond for the
570-3 amount of the penalty, effective until all judicial review of the
570-4 determination is final.
570-5 (c) Failure to comply with Subsection (b) results in a
570-6 waiver of all legal rights to contest the violation or the amount
570-7 of the penalty.
570-8 (d) If the court determines that the penalty should not have
570-9 been assessed or reduces the amount of the penalty, the executive
570-10 director shall:
570-11 (1) remit the appropriate amount, plus accrued
570-12 interest, if the administrative penalty was paid; or
570-13 (2) release the bond. (V.A.C.S. Art. 8308-10.35.)
570-14 CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH
570-15 OF DUTY
570-16 Sec. 416.001. CERTAIN CAUSES OF ACTION PRECLUDED
570-17 Sec. 416.002. EXEMPLARY DAMAGES
570-18 CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH
570-19 OF DUTY
570-20 Sec. 416.001. Certain Causes of Action Precluded. An action
570-21 taken by an insurance carrier under an order of the commission or
570-22 recommendations of a benefit review officer under Section
570-23 410.031(b) may not be the basis of a cause of action against the
570-24 insurance carrier for a breach of the duty of good faith and fair
570-25 dealing. (V.A.C.S. Art. 8308-10.41.)
570-26 Sec. 416.002. EXEMPLARY DAMAGES. (a) In an action against
570-27 an insurance carrier for a breach of the duty of good faith and
571-1 fair dealing, recovery of exemplary damages is limited to the
571-2 greater of:
571-3 (1) four times the amount of actual damages; or
571-4 (2) $250,000.
571-5 (b) An action against a governmental entity or unit or an
571-6 employee of a governmental entity or unit for a breach of the duty
571-7 of good faith and fair dealing is governed by Chapters 101 and 104,
571-8 Civil Practice and Remedies Code. (V.A.C.S. Art. 8308-10.42.)
571-9 CHAPTER 417. THIRD-PARTY LIABILITY
571-10 Sec. 417.001. THIRD-PARTY LIABILITY
571-11 Sec. 417.002. RECOVERY IN THIRD-PARTY ACTION
571-12 Sec. 417.003. ATTORNEY'S FEE FOR REPRESENTATION OF INSURANCE
571-13 CARRIER'S INTEREST
571-14 Sec. 417.004. EMPLOYER LIABILITY TO THIRD PARTY
571-15 CHAPTER 417. THIRD-PARTY LIABILITY
571-16 Sec. 417.001. THIRD-PARTY LIABILITY. (a) An employee or
571-17 legal beneficiary may seek damages from a third party who is or
571-18 becomes liable to pay damages for an injury or death that is
571-19 compensable under this subtitle and may also pursue a claim for
571-20 workers' compensation benefits under this subtitle.
571-21 (b) If a benefit is claimed by an injured employee or a
571-22 legal beneficiary of the employee, the insurance carrier is
571-23 subrogated to the rights of the injured employee and may enforce
571-24 the liability of the third party in the name of the injured
571-25 employee or the legal beneficiary. If the recovery is for an
571-26 amount greater than that paid or assumed by the insurance carrier
571-27 to the employee or the legal beneficiary, the insurance carrier
572-1 shall:
572-2 (1) reimburse itself and pay the costs from the amount
572-3 recovered; and
572-4 (2) pay the remainder of the amount recovered to the
572-5 injured employee or the beneficiary.
572-6 (c) If a claimant receives benefits from the subsequent
572-7 injury fund, the commission is:
572-8 (1) considered to be the insurance carrier under this
572-9 section for purposes of those benefits;
572-10 (2) subrogated to the rights of the claimant; and
572-11 (3) entitled to reimbursement in the same manner as
572-12 the insurance carrier.
572-13 (d) The commission shall remit money recovered under this
572-14 section to the state treasurer for deposit to the credit of the
572-15 subsequent injury fund. (V.A.C.S. Arts. 8308-4.05(a), (b), (c).)
572-16 Sec. 417.002. RECOVERY IN THIRD-PARTY ACTION. (a) The net
572-17 amount recovered by a claimant in a third-party action shall be
572-18 used to reimburse the insurance carrier for benefits, including
572-19 medical benefits, that have been paid for the compensable injury.
572-20 (b) Any amount recovered that exceeds the amount of the
572-21 reimbursement required under Subsection (a) shall be treated as an
572-22 advance against future benefits, including medical benefits, that
572-23 the claimant is entitled to receive under this subtitle.
572-24 (c) If the advance under Subsection (b) is adequate to cover
572-25 all future benefits, the insurance carrier is not required to
572-26 resume the payment of benefits. If the advance is insufficient,
572-27 the insurance carrier shall resume the payment of benefits when the
573-1 advance is exhausted. (V.A.C.S. Art. 8308-4.05(f).)
573-2 Sec. 417.003. ATTORNEY'S FEE FOR REPRESENTATION OF INSURANCE
573-3 CARRIER'S INTEREST. (a) An insurance carrier whose interest is
573-4 not actively represented by an attorney in a third-party action
573-5 shall pay a fee to an attorney representing the claimant in the
573-6 amount agreed on between the attorney and the insurance carrier.
573-7 In the absence of an agreement, the court shall award to the
573-8 attorney payable out of the insurance carrier's recovery:
573-9 (1) a reasonable fee for recovery of the insurance
573-10 carrier's interest that may not exceed one-third of the insurance
573-11 carrier's recovery; and
573-12 (2) a proportionate share of expenses.
573-13 (b) An attorney who represents the claimant and is also to
573-14 represent the subrogated insurance carrier shall make a full
573-15 written disclosure to the claimant before employment as an attorney
573-16 by the insurance carrier. The claimant must acknowledge the
573-17 disclosure and consent to the representation. A signed copy of the
573-18 disclosure shall be furnished to all concerned parties and made a
573-19 part of the commission file. A copy of the disclosure with the
573-20 claimant's consent shall be filed with the claimant's pleading
573-21 before a judgment is entered and approved by the court. The
573-22 claimant's attorney may not receive a fee under this section to
573-23 which the attorney is otherwise entitled under an agreement with
573-24 the insurance carrier unless the attorney complies with the
573-25 requirements of this subsection.
573-26 (c) If an attorney actively representing the insurance
573-27 carrier's interest actively participates in obtaining a recovery,
574-1 the court shall award and apportion between the claimant's and the
574-2 insurance carrier's attorneys a fee payable out of the insurance
574-3 carrier's subrogation recovery. In apportioning the award, the
574-4 court shall consider the benefit accruing to the insurance carrier
574-5 as a result of each attorney's service. The total attorney's fees
574-6 may not exceed one-third of the insurance carrier's recovery.
574-7 (d) For purposes of determining the amount of an attorney's
574-8 fee under this section, only the amount recovered for benefits,
574-9 including medical benefits, that have been paid by the insurance
574-10 carrier may be considered. (V.A.C.S. Arts. 8308-4.05(d) (part),
574-11 (e), (g).)
574-12 Sec. 417.004. EMPLOYER LIABILITY TO THIRD PARTY. In an
574-13 action for damages brought by an injured employee, a legal
574-14 beneficiary, or an insurance carrier against a third party liable
574-15 to pay damages for the injury or death under this chapter that
574-16 results in a judgment against the third party or a settlement by
574-17 the third party, the employer is not liable to the third party for
574-18 reimbursement or damages based on the judgment or settlement unless
574-19 the employer executed, before the injury or death occurred, a
574-20 written agreement with the third party to assume the liability.
574-21 (V.A.C.S. Art. 8308-4.04.)
574-22 (Chapters 418-450 reserved for expansion)
574-23 SUBTITLE B. DISCRIMINATION ISSUES
574-24 CHAPTER 451. DISCRIMINATION PROHIBITED
574-25 Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED
574-26 Sec. 451.002. REMEDIES; BURDEN OF PROOF
574-27 Sec. 451.003. INJUNCTION
575-1 CHAPTER 451. DISCRIMINATION PROHIBITED
575-2 Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED.
575-3 A person may not discharge or in any other manner discriminate
575-4 against an employee because the employee has:
575-5 (1) filed a workers' compensation claim in good faith;
575-6 (2) hired a lawyer to represent the employee in a
575-7 claim;
575-8 (3) instituted or caused to be instituted in good
575-9 faith a proceeding under Subtitle A; or
575-10 (4) testified or is about to testify in a proceeding
575-11 under Subtitle A. (V.A.C.S. Art. 8307c, Sec. 1.)
575-12 Sec. 451.002. REMEDIES; BURDEN OF PROOF. (a) A person who
575-13 violates Section 451.001 is liable for reasonable damages incurred
575-14 by the employee as a result of the violation.
575-15 (b) An employee discharged in violation of Section 451.001
575-16 is entitled to reinstatement in the former position of employment.
575-17 (c) The burden of proof in a proceeding under this section
575-18 is on the employee. (V.A.C.S. Art. 8307c, Sec. 2.)
575-19 Sec. 451.003. INJUNCTION. A district court may restrain,
575-20 for cause shown, a violation of Section 451.001. (V.A.C.S. Art.
575-21 8307c, Sec. 3.)
575-22 (Chapters 452-500 reserved for expansion)
575-23 SUBTITLE C. WORKERS' COMPENSATION INSURANCE
575-24 COVERAGE FOR CERTAIN GOVERNMENT EMPLOYEES
575-25 CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE
575-26 EMPLOYEES, INCLUDING EMPLOYEES UNDER THE DIRECTION OR CONTROL OF
575-27 THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY
576-1 SUBCHAPTER A. GENERAL PROVISIONS
576-2 Sec. 501.001. DEFINITIONS
576-3 Sec. 501.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
576-4 LIMIT ON ACTIONS AND DAMAGES
576-5 Sec. 501.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE
576-6 (Sections 501.004-501.020 reserved for expansion)
576-7 SUBCHAPTER B. COVERAGE
576-8 Sec. 501.021. WORKERS' COMPENSATION COVERAGE FOR
576-9 EMPLOYEES
576-10 Sec. 501.022. TEXAS TECH UNIVERSITY EMPLOYEES
576-11 Sec. 501.023. STATE SELF-INSURING
576-12 Sec. 501.024. EXCLUSIONS FROM COVERAGE
576-13 Sec. 501.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES
576-14 (Sections 501.026-501.040 reserved for expansion)
576-15 SUBCHAPTER C. ADMINISTRATION
576-16 Sec. 501.041. WORKERS' COMPENSATION DIVISION; DIRECTOR
576-17 Sec. 501.042. DIRECTOR AS EMPLOYER AND INSURER
576-18 Sec. 501.043. DIRECTOR'S POWERS AND DUTIES
576-19 Sec. 501.044. EFFECT OF SICK LEAVE
576-20 Sec. 501.045. EFFECT OF EMERGENCY LEAVE
576-21 Sec. 501.046. REPORTS OF TERMINATION OR CONTINUATION
576-22 OF INJURIES
576-23 Sec. 501.047. REPORTS TO LEGISLATURE
576-24 Sec. 501.048. STATE AGENCY SUMMARY IN BUDGET REQUESTS
576-25 Sec. 501.049. STATE WORKERS' COMPENSATION FUND
576-26 Sec. 501.050. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
576-27 JUDGMENT; OFFENSE
577-1 CHAPTER 501. WORKERS' COMPENSATION INSURANCE COVERAGE FOR STATE
577-2 EMPLOYEES, INCLUDING EMPLOYEES UNDER THE DIRECTION OR CONTROL OF
577-3 THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY
577-4 SUBCHAPTER A. GENERAL PROVISIONS
577-5 Sec. 501.001. DEFINITIONS. In this chapter:
577-6 (1) "Commission" means the Texas Workers' Compensation
577-7 Commission.
577-8 (2) "Compensable injury" has the meaning assigned to
577-9 that term under Subtitle A.
577-10 (3) "Director" means the director of the workers'
577-11 compensation division of the attorney general's office.
577-12 (4) "Division" means the workers' compensation
577-13 division of the attorney general's office.
577-14 (5) "Employee" means a person who is:
577-15 (A) in the service of the state pursuant to an
577-16 election, appointment, or express oral or written contract of hire;
577-17 (B) paid from state funds but whose duties
577-18 require that the person work and frequently receive supervision in
577-19 a political subdivision of the state; or
577-20 (C) a peace officer employed by a political
577-21 subdivision, while the peace officer is exercising authority
577-22 granted under Article 14.03(c), Code of Criminal Procedure.
577-23 (6) "State agency" includes a department, board,
577-24 commission, or institution of this state. (New; V.A.C.S. Art.
577-25 8309g, Secs. 1(1), (3) (part), (4), (5), (6).)
577-26 Sec. 501.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
577-27 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
578-1 of Subtitles A and B apply to and are included in this chapter
578-2 except to the extent that they are inconsistent with this chapter:
578-3 (1) Chapter 401, other than Section 401.012 defining
578-4 "employee";
578-5 (2) Chapter 402;
578-6 (3) Chapter 403, other than Sections 403.001-403.005;
578-7 (4) Chapter 405;
578-8 (5) Subchapters B and D through H, Chapter 406, other
578-9 than Sections 406.071-406.073 and Section 406.075;
578-10 (6) Chapter 408, other than Sections 408.001(b) and
578-11 (c);
578-12 (7) Chapters 409 and 410;
578-13 (8) Subchapters A and G, Chapter 411, other than
578-14 Sections 411.003 and 411.004;
578-15 (9) Chapters 412-417; and
578-16 (10) Chapter 451.
578-17 (b) For the purposes of Chapter 451, the individual agency
578-18 shall be considered the employer.
578-19 (c) For the purpose of applying the provisions listed by
578-20 Subsection (a) to this chapter, "insurer" or "employer" means
578-21 "state," "division," or "director," as applicable.
578-22 (d) Neither this chapter nor Subtitle A authorizes a cause
578-23 of action or damages against the state, a state agency, or an
578-24 employee of the state beyond the actions and damages authorized by
578-25 Chapter 101, Civil Practice and Remedies Code. (V.A.C.S. Art.
578-26 8309g, Sec. 15.)
578-27 Sec. 501.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (a)
579-1 The provisions of this chapter and the rules of the director
579-2 affecting an employee also apply to the legal beneficiary of a
579-3 deceased employee.
579-4 (b) In this section, "legal beneficiary" has the meaning
579-5 assigned to that term under Section 401.011. (V.A.C.S. Art. 8309g,
579-6 Secs. 1(3) (part), 13.)
579-7 (Sections 501.004-501.020 reserved for expansion)
579-8 SUBCHAPTER B. COVERAGE
579-9 Sec. 501.021. WORKERS' COMPENSATION COVERAGE FOR EMPLOYEES.
579-10 An employee with a compensable injury is entitled to compensation
579-11 by the director as provided by this chapter. (V.A.C.S. Art. 8309g,
579-12 Sec. 11(a).)
579-13 Sec. 501.022. TEXAS TECH UNIVERSITY EMPLOYEES. An eligible
579-14 employee of Texas Tech University, Texas Tech University Research
579-15 Farm, Texas Tech University School of Medicine at Lubbock, or
579-16 another agency under the direction and control of the board of
579-17 regents of Texas Tech University is entitled to participate in the
579-18 workers' compensation program for state employees provided under
579-19 this chapter. (V.A.C.S. Art. 8309g-1.)
579-20 Sec. 501.023. STATE SELF-INSURING. The state is
579-21 self-insuring with respect to an employee's compensable injury.
579-22 (V.A.C.S. Art. 8309g, Sec. 2.)
579-23 Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following
579-24 persons are excluded from coverage as an employee under this
579-25 chapter:
579-26 (1) a person performing personal services for the
579-27 state as an independent contractor or volunteer;
580-1 (2) a member of the state military forces as defined
580-2 by Section 431.001, Government Code;
580-3 (3) a person who at the time of injury was performing
580-4 services for the federal government and who is covered by some form
580-5 of federal workers' compensation insurance, including:
580-6 (A) a prisoner or inmate of a prison or
580-7 correctional institution; and
580-8 (B) a client or patient of a state agency;
580-9 (4) a person employed by the Texas Department of
580-10 Transportation who is covered under Chapter 505;
580-11 (5) a person employed by The University of Texas
580-12 System who is covered by Chapter 503; and
580-13 (6) a person employed by The Texas A&M University
580-14 System who is covered by Chapter 502. (V.A.C.S. Art. 8309g,
580-15 Sec. 1(2).)
580-16 Sec. 501.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES. (a) An
580-17 employee who performs services outside the state is entitled to
580-18 benefits under this chapter even if the person:
580-19 (1) is hired or not hired in this state;
580-20 (2) does not work in this state;
580-21 (3) works both in this state and out of state;
580-22 (4) is injured outside this state; or
580-23 (5) has been outside this state for more than one
580-24 year.
580-25 (b) An employee who elects to pursue remedies provided by
580-26 the state where the injury occurred is not entitled to benefits
580-27 under this chapter. (V.A.C.S. Art. 8309g, Sec. 17.)
581-1 (Sections 501.026-501.040 reserved for expansion)
581-2 SUBCHAPTER C. ADMINISTRATION
581-3 Sec. 501.041. WORKERS' COMPENSATION DIVISION; DIRECTOR. (a)
581-4 The workers' compensation division of the attorney general's office
581-5 administers this chapter.
581-6 (b) The attorney general shall appoint a director to act as
581-7 chief executive and administrative officer of the division.
581-8 (c) The attorney general shall provide the director with
581-9 office space and sufficient personnel to administer this chapter.
581-10 (d) The director shall administer this chapter with money
581-11 appropriated by the legislature.
581-12 (e) With the approval of the attorney general, the director
581-13 may contract with a company authorized to do business in this state
581-14 for any or all of the administrative services required by this
581-15 chapter. A contract awarded under this subsection shall be awarded
581-16 on the basis of competitive bidding by qualified companies.
581-17 (V.A.C.S. Art. 8309g, Sec. 3.)
581-18 Sec. 501.042. DIRECTOR AS EMPLOYER AND INSURER. (a) In
581-19 administering and enforcing this chapter, the director shall act in
581-20 the capacity of employer and insurer.
581-21 (b) The director shall act as an adversary before the
581-22 commission and courts and present the legal defenses and positions
581-23 of the state as an employer and insurer.
581-24 (c) For the purposes of this section, the director is
581-25 entitled to the legal counsel of the attorney general.
581-26 (d) The director is subject to the rules, orders, and
581-27 decisions of the commission in the same manner as a private
582-1 employer, insurer, or association. (V.A.C.S. Art. 8309g, Secs. 4,
582-2 10.)
582-3 Sec. 501.043. DIRECTOR'S POWERS AND DUTIES. (a) The
582-4 director shall:
582-5 (1) adopt procedural rules and prescribe forms
582-6 necessary for the effective administration of this chapter; and
582-7 (2) adopt and enforce reasonable rules for the
582-8 prevention of accidents and injuries.
582-9 (b) The director shall hold hearings on all proposed rules
582-10 and provide reasonable opportunity for the officers of state
582-11 agencies to testify at hearings on all proposed rules under this
582-12 section.
582-13 (c) The director shall furnish copies of all rules to the
582-14 commission and to the administrative heads of all state agencies
582-15 affected by this chapter. (V.A.C.S. Art. 8309g, Secs. 5, 6 (part),
582-16 7.)
582-17 Sec. 501.044. EFFECT OF SICK LEAVE. An employee may elect
582-18 to use accrued sick leave before receiving weekly benefits. If an
582-19 employee elects to use sick leave, the employee is not entitled to
582-20 weekly benefits under this chapter until the employee has exhausted
582-21 the employee's accrued sick leave. (V.A.C.S. Art. 8309g,
582-22 Sec. 12(a).)
582-23 Sec. 501.045. EFFECT OF EMERGENCY LEAVE. (a) Payments for
582-24 emergency leave authorized by the administrative head of a state
582-25 agency in accordance with the General Appropriations Act for an
582-26 employee receiving benefits under this chapter may not:
582-27 (1) exceed for a month the amount computed by
583-1 subtracting the amount of benefits received for the month from the
583-2 basic monthly wage of the employee; and
583-3 (2) be paid for a period longer than six months after
583-4 the date on which benefits begin.
583-5 (b) The administrative head authorizing the emergency leave
583-6 payments shall review the merits of each case individually.
583-7 (c) If payment for emergency leave is authorized, the state
583-8 agency shall attach a statement of the reasons for the
583-9 authorization to its duplicate payroll voucher for the first
583-10 payroll period affected by the leave. (V.A.C.S. Art. 8309g, Sec.
583-11 12(b).)
583-12 Sec. 501.046. REPORTS OF TERMINATION OR CONTINUATION OF
583-13 INJURIES. In addition to other reports required by the commission,
583-14 the director shall file a subsequent report not later than the 10th
583-15 day after the date of the termination of the injured employee's
583-16 incapacity. If the employee's incapacity extends beyond 60 days,
583-17 the director shall file a subsequent report before the 70th day
583-18 after the date the employee's incapacity began. (V.A.C.S. Art.
583-19 8309g, Sec. 8 (part).)
583-20 Sec. 501.047. REPORTS TO LEGISLATURE. (a) The director
583-21 shall report to the legislature at the beginning of each regular
583-22 session.
583-23 (b) The report required under this section shall be dated
583-24 January 1 of the year in which the regular session is held and
583-25 must include:
583-26 (1) a list of all persons who have received benefits
583-27 under this chapter since the last report, the nature and cause of
584-1 each compensable injury, and the amounts paid in weekly benefits
584-2 for medical, hospital, and other services;
584-3 (2) a summary of administrative expenses;
584-4 (3) a statement:
584-5 (A) showing the amount of the money appropriated
584-6 by the preceding legislature that remains unexpended on the date of
584-7 the report; and
584-8 (B) estimating the amount of that balance
584-9 necessary to administer this chapter for the remainder of that
584-10 fiscal year; and
584-11 (4) an estimate, based on experience factors, of the
584-12 amount of money that will be required to administer this chapter
584-13 and pay for the compensation and services provided under this
584-14 chapter during the succeeding biennium.
584-15 (c) The director shall report to the legislature a state
584-16 agency that fails to meet its obligation regarding the prevention
584-17 of accidents and injuries to state employees. (V.A.C.S. Art.
584-18 8309g, Secs. 6 (part), 9.)
584-19 Sec. 501.048. STATE AGENCY SUMMARY IN BUDGET REQUESTS. Each
584-20 state agency shall submit in the administrative statement of its
584-21 biennial budget request a summary containing:
584-22 (1) the number of first reports of injury filed by the
584-23 agency during the preceding biennium;
584-24 (2) the amount of workers' compensation indemnity and
584-25 medical benefits paid to or for employees during the preceding
584-26 biennium;
584-27 (3) the number of on-the-job injuries per 100 of its
585-1 employees during each year of the preceding biennium; and
585-2 (4) descriptions of the efforts made by the agency to
585-3 increase job safety and to reduce job injuries, including the
585-4 participation of the head of the agency and the executive staff of
585-5 the agency in training programs offered by the division and others.
585-6 (V.A.C.S. Art. 8309g, Sec. 6 (part).)
585-7 Sec. 501.049. STATE WORKERS' COMPENSATION FUND. (a) All
585-8 money recovered by the director from a third party through
585-9 subrogation shall be deposited into the state workers' compensation
585-10 account in general revenue.
585-11 (b) Funds deposited under this section may be used for the
585-12 payment of compensation and other benefits to state employees.
585-13 (V.A.C.S. Art. 8309g, Sec. 18.)
585-14 Sec. 501.050. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
585-15 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
585-16 to a county or district court:
585-17 (1) the clerk of the court shall mail to the
585-18 commission:
585-19 (A) not later than the 20th day after the date
585-20 the case is filed, a notice containing the style, number, and date
585-21 of filing of the case; and
585-22 (B) not later than the 20th day after the date
585-23 the judgment is rendered, a certified copy of the judgment; and
585-24 (2) the attorney preparing the judgment shall file the
585-25 original and a copy of the judgment with the clerk.
585-26 (b) An attorney's failure to comply with Subsection (a)(2)
585-27 does not excuse the failure of a county or district clerk to comply
586-1 with Subsection (a)(1)(B).
586-2 (c) The clerk is not entitled to a fee for the services.
586-3 (d) A county or district clerk who violates this section
586-4 commits an offense. An offense under this subsection is a
586-5 misdemeanor punishable by a fine not to exceed $250. (V.A.C.S.
586-6 Art. 8309g, Sec. 14.)
586-7 CHAPTER 502. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
586-8 EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM
586-9 SUBCHAPTER A. GENERAL PROVISIONS
586-10 Sec. 502.001. DEFINITIONS
586-11 Sec. 502.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
586-12 LIMIT ON ACTIONS AND DAMAGES
586-13 Sec. 502.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE
586-14 (Sections 502.004-502.020 reserved for expansion)
586-15 SUBCHAPTER B. COVERAGE
586-16 Sec. 502.021. WORKERS' COMPENSATION COVERAGE FOR INSTITUTION
586-17 EMPLOYEES
586-18 Sec. 502.022. AUTHORITY TO SELF-INSURE
586-19 Sec. 502.023. INSURANCE REQUIREMENT
586-20 Sec. 502.024. PREEXISTING DISQUALIFYING CONDITION
586-21 (Sections 502.025-502.040 reserved for expansion)
586-22 SUBCHAPTER C. OFFSETS
586-23 Sec. 502.041. EXHAUSTION OF ANNUAL AND SICK LEAVE
586-24 (Sections 502.042-502.060 reserved for expansion)
586-25 SUBCHAPTER D. ADMINISTRATION
586-26 Sec. 502.061. ADMINISTRATION AND RULES
586-27 Sec. 502.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
587-1 COMPENSATION EXPENSES; ACCOUNT; REPORTS
587-2 Sec. 502.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS
587-3 Sec. 502.064. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
587-4 PHYSICIANS; INSTITUTION RECORDS
587-5 Sec. 502.065. REPORTS OF INJURIES
587-6 Sec. 502.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL
587-7 TO SUBMIT TO EXAMINATION
587-8 Sec. 502.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT
587-9 Sec. 502.068. POSTPONEMENT OF HEARING
587-10 Sec. 502.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
587-11 OFFENSE
587-12 Sec. 502.070. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE
587-13 CHAPTER 502. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
587-14 EMPLOYEES OF THE TEXAS A&M UNIVERSITY SYSTEM
587-15 SUBCHAPTER A. GENERAL PROVISIONS
587-16 Sec. 502.001. DEFINITIONS. In this chapter:
587-17 (1) "Commission" means the Texas Workers' Compensation
587-18 Commission.
587-19 (2) "Employee" means a person employed in the service
587-20 of an institution whose name appears on the institution's payroll.
587-21 (3) "Institution" means an institution of higher
587-22 education or agency under the direction of the board of regents of
587-23 The Texas A&M University System.
587-24 (4) "System" has the meaning assigned by Section
587-25 85.01(1), Education Code. (New; V.A.C.S. Art. 8309b, Secs.
587-26 2(a)(1), (2), (3), (4).)
587-27 Sec. 502.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
588-1 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
588-2 of Subtitle A apply to and are included in this chapter except to
588-3 the extent that they are inconsistent with this chapter:
588-4 (1) Chapter 401, other than Section 401.012 defining
588-5 "employee";
588-6 (2) Chapter 402;
588-7 (3) Chapter 403, other than Sections 403.001-403.005;
588-8 (4) Chapter 405;
588-9 (5) Sections 406.031-406.033; Subchapter D, Chapter
588-10 406; Sections 406.092 and 406.093;
588-11 (6) Chapter 408, other than Sections 408.001(b) and
588-12 (c);
588-13 (7) Chapters 409 and 410;
588-14 (8) Subchapters A and G, Chapter 411, other than
588-15 Sections 411.003 and 411.004; and
588-16 (9) Chapters 412-417.
588-17 (b) For the purpose of applying the provisions listed by
588-18 Subsection (a) to this chapter, "employer" means "the institution."
588-19 (c) Neither this chapter nor Subtitle A authorizes a cause
588-20 of action or damages against the system or any institution or
588-21 employee of the system or institution beyond the actions and
588-22 damages authorized by Chapter 101, Civil Practice and Remedies
588-23 Code. (V.A.C.S. Art. 8309b, Sec. 7.)
588-24 Sec. 502.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (a)
588-25 A reference in this chapter to an injured employee includes the
588-26 legal beneficiaries of the employee if the injured employee is
588-27 dead.
589-1 (b) In this section, "legal beneficiary" has the meaning
589-2 assigned to that term under Section 401.011. (V.A.C.S. Art. 8309b,
589-3 Secs. 2(a)(5), (b) (part).)
589-4 (Sections 502.004-502.020 reserved for expansion)
589-5 SUBCHAPTER B. COVERAGE
589-6 Sec. 502.021. WORKERS' COMPENSATION COVERAGE FOR INSTITUTION
589-7 EMPLOYEES. (a) The institution shall pay benefits as provided by
589-8 this chapter to an employee with a compensable injury.
589-9 (b) A benefit under this section for an employee who is
589-10 employed on less than a full workday basis may not exceed 60
589-11 percent of the employee's average weekly wage as computed under
589-12 Section 408.042.
589-13 (c) A benefit shall be paid weekly as it accrues directly to
589-14 the person entitled to it unless the liability is redeemed as
589-15 provided by this chapter.
589-16 (d) In this section, "average weekly wage" has the meaning
589-17 assigned to that term by Subchapter C, Chapter 408. (V.A.C.S.
589-18 Art. 8309b, Secs. 2(a)(6), 3 (part), 4, 9 (part).)
589-19 Sec. 502.022. AUTHORITY TO SELF-INSURE. An institution may
589-20 self-insure. (V.A.C.S. Art. 8309b, Sec. 3 (part).)
589-21 Sec. 502.023. INSURANCE REQUIREMENT. (a) The board of
589-22 regents of the system may require each employee, as a condition of
589-23 employment, to acquire protection under a group life and accident
589-24 insurance plan approved by the board.
589-25 (b) This section does not apply to an employee who is paid
589-26 on a piece-work basis or on any basis other than by the hour, day,
589-27 week, month, or year. (V.A.C.S. Art. 8309b, Sec. 3 (part).)
590-1 Sec. 502.024. PREEXISTING DISQUALIFYING CONDITION. (a) An
590-2 institution may certify as an employee a person who indicates a
590-3 preexisting disqualifying physical condition in a medical history
590-4 obtained under Section 502.064 or who is found to have a
590-5 preexisting disqualifying medical condition in a physical
590-6 examination under Section 502.064 on the condition that the person
590-7 execute in writing a waiver of coverage under this chapter for the
590-8 preexisting disqualifying physical condition before becoming an
590-9 employee of the institution.
590-10 (b) A waiver under Subsection (a) is valid and binding on
590-11 the employee who executes the waiver. Compensation or death
590-12 benefits may not be paid to the employee or the employee's
590-13 beneficiaries for an injury or death of the employee that is
590-14 attributable to the condition for which coverage was waived.
590-15 (V.A.C.S. Art. 8309b, Sec. 15.)
590-16 (Sections 502.025-502.040 reserved for expansion)
590-17 SUBCHAPTER C. OFFSETS
590-18 Sec. 502.041. EXHAUSTION OF ANNUAL AND SICK LEAVE. (a) An
590-19 institution may provide that an injured employee may remain on the
590-20 payroll until the employee's earned annual and sick leave is
590-21 exhausted.
590-22 (b) While an injured employee remains on the payroll under
590-23 Subsection (a), medical services remain available to the employee,
590-24 but workers' compensation benefits do not accrue or become payable
590-25 to the injured employee. (V.A.C.S. Art. 8309b, Sec. 9 (part).)
590-26 (Sections 502.042-502.060 reserved for expansion)
590-27 SUBCHAPTER D. ADMINISTRATION
591-1 Sec. 502.061. ADMINISTRATION AND RULES. (a) Each
591-2 institution shall administer this chapter.
591-3 (b) Process and procedure under this chapter shall be as
591-4 summary as possible.
591-5 (c) The institution may:
591-6 (1) adopt rules and prescribe and furnish forms
591-7 necessary for the administration of this chapter; and
591-8 (2) adopt and enforce rules necessary for the
591-9 prevention of accidents and injuries. (V.A.C.S. Art. 8309b, Secs.
591-10 3 (part), 10 (part), 13 (part).)
591-11 Sec. 502.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
591-12 COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) An institution may
591-13 set aside from its available appropriations, other than itemized
591-14 salary appropriations, an amount not to exceed two percent of the
591-15 institution's annual payroll for the payment of administrative
591-16 expenses, charges, benefits, and awards under this chapter.
591-17 (b) The amount set aside under Subsection (a) shall be set
591-18 up in a separate account in the institution's records. The balance
591-19 of the account at any time may not exceed an amount equal to two
591-20 percent of the institution's annual payroll.
591-21 (c) The account must show the disbursements authorized by
591-22 this chapter. A statement of the amount set aside for the account
591-23 and the disbursements from the account shall be included in the
591-24 reports made to the governor and the legislature as required by
591-25 law. (V.A.C.S. Art. 8309b, Sec. 19.)
591-26 Sec. 502.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS. (a)
591-27 The commission shall furnish a certified copy of an order, award,
592-1 decision, or paper on file in the commission's office to a person
592-2 entitled to the copy on written request and payment of the fee for
592-3 the copy. The fee is the same as that charged for similar services
592-4 by the secretary of state's office.
592-5 (b) An institution may obtain certified copies under this
592-6 section without charge.
592-7 (c) A fee or salary may not be paid to a member or employee
592-8 of the commission for making a copy under Subsection (a) that
592-9 exceeds the fee charged for the copy. (V.A.C.S. Art. 8309b, Sec.
592-10 16 (part).)
592-11 Sec. 502.064. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
592-12 PHYSICIANS; INSTITUTION RECORDS. (a) An institution may obtain
592-13 and record on a form prescribed by the institution the medical
592-14 history of a person to be employed by the institution.
592-15 (b) The institution may require that an individual may not
592-16 be certified as an employee of the institution under this chapter
592-17 until the individual:
592-18 (1) submits to a physical examination as provided by
592-19 this section; and
592-20 (2) is certified by the examining physician or
592-21 chiropractor to be physically fit to perform the duties and
592-22 services to which the individual is to be assigned.
592-23 (c) The institution may designate a convenient number of
592-24 licensed practicing physicians and chiropractors to perform
592-25 physical examinations under this section.
592-26 (d) A physician or chiropractor designated under Subsection
592-27 (c) who conducts an examination shall file with the institution a
593-1 complete transcript of the examination. The transcript must be
593-2 sworn to on a form provided by the institution.
593-3 (e) The institution shall maintain all reports and medical
593-4 histories filed with the institution under this section as part of
593-5 the institution's permanent records. (V.A.C.S. Art. 8309b, Secs.
593-6 13 (part), 14.)
593-7 Sec. 502.065. REPORTS OF INJURIES. (a) In addition to a
593-8 report of an injury filed with the commission under Section
593-9 409.005(a), an institution shall file a supplemental report that
593-10 contains:
593-11 (1) the name, age, sex, and occupation of the injured
593-12 employee;
593-13 (2) the character of work in which the employee was
593-14 engaged at the time of the injury;
593-15 (3) the place, date, and hour of the injury; and
593-16 (4) the nature and cause of the injury.
593-17 (b) The institution shall file the supplemental report on a
593-18 form obtained for that purpose:
593-19 (1) on the termination of incapacity of the injured
593-20 employee; or
593-21 (2) if the incapacity extends beyond 60 days.
593-22 (V.A.C.S. Art. 8309b, Sec. 12 (part).)
593-23 Sec. 502.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE;
593-24 REFUSAL TO SUBMIT TO EXAMINATION. (a) The commission may require
593-25 an employee who claims to have been injured to submit to an
593-26 examination by the commission or a person acting under the
593-27 commission's authority at a reasonable time and place in this
594-1 state.
594-2 (b) On the request of an employee or the institution, the
594-3 employee or the institution is entitled to have a physician or
594-4 chiropractor selected by the employee or the institution, as
594-5 appropriate, present to participate in an examination under
594-6 Subsection (a) or Section 408.004.
594-7 (c) An employee is not entitled to compensation during or
594-8 for a period in which the employee refuses to submit to an
594-9 examination under Subsection (a) or Section 408.004.
594-10 (d) The institution may have an injured employee examined at
594-11 a reasonable time and at a place suitable to the employee's
594-12 condition and convenient and accessible to the employee by a
594-13 physician or chiropractor selected by the institution. The
594-14 institution shall pay for an examination under this subsection and
594-15 for the employee's reasonable expenses incident to the examination.
594-16 The employee is entitled to have a physician or chiropractor
594-17 selected by the employee present to participate in an examination
594-18 under this subsection.
594-19 (e) The institution shall pay the fee set by the commission
594-20 of a physician or chiropractor selected by the employee under
594-21 Subsection (b) or (d). (V.A.C.S. Art. 8309b, Sec. 10 (part).)
594-22 Sec. 502.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a)
594-23 The commission may order or direct the institution to reduce or
594-24 suspend the compensation of an injured employee who:
594-25 (1) persists in insanitary or injurious practices that
594-26 tend to imperil or retard the employee's recovery; or
594-27 (2) refuses to submit to medical, surgical,
595-1 chiropractic, or other remedial treatment recognized by the state
595-2 that is reasonably essential to promote the employee's recovery.
595-3 (b) Compensation may not be reduced or suspended under this
595-4 section without reasonable notice to the employee and an
595-5 opportunity to be heard. (V.A.C.S. Art. 8309b, Sec. 10 (part).)
595-6 Sec. 502.068. POSTPONEMENT OF HEARING. If an injured
595-7 employee is receiving benefits under this chapter and the
595-8 institution is providing hospitalization, medical treatment, or
595-9 chiropractic care to the employee, the commission may postpone the
595-10 hearing on the employee's claim. An appeal may not be taken from a
595-11 commission order under this section. (V.A.C.S. Art. 8309b, Sec. 18
595-12 (part).)
595-13 Sec. 502.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
595-14 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
595-15 to a county or district court:
595-16 (1) the clerk of the court shall mail to the
595-17 commission:
595-18 (A) not later than the 20th day after the date
595-19 the case is filed, a notice containing the style, number, and date
595-20 of filing of the case; and
595-21 (B) not later than the 20th day after the date
595-22 the judgment is rendered, a certified copy of the judgment; and
595-23 (2) the attorney preparing the judgment shall file the
595-24 original and a copy of the judgment with the clerk.
595-25 (b) An attorney's failure to comply with Subsection (a)(2)
595-26 does not excuse the failure of a county or district clerk to comply
595-27 with Subsection (a)(1)(B).
596-1 (c) The duties of a county or district clerk under
596-2 Subsection (a)(1) are part of the clerk's ex officio duties, and
596-3 the clerk is not entitled to a fee for the services.
596-4 (d) A county or district clerk who violates this section
596-5 commits an offense. An offense under this section is a misdemeanor
596-6 punishable by a fine not to exceed $250. (V.A.C.S. Art. 8309b,
596-7 Sec. 21.)
596-8 Sec. 502.070. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE. The
596-9 attorney general is the institution's legal representative and may
596-10 bring and defend all suits and hearings necessary to carry out the
596-11 purposes of this chapter. (V.A.C.S. Art. 8309b, Sec. 20.)
596-12 CHAPTER 503. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
596-13 EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM
596-14 SUBCHAPTER A. GENERAL PROVISIONS
596-15 Sec. 503.001. DEFINITIONS
596-16 Sec. 503.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
596-17 LIMIT ON ACTIONS AND DAMAGES
596-18 Sec. 503.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE
596-19 (Sections 503.004-503.020 reserved for expansion)
596-20 SUBCHAPTER B. COVERAGE
596-21 Sec. 503.021. WORKERS' COMPENSATION COVERAGE FOR SYSTEM
596-22 AND INSTITUTION EMPLOYEES
596-23 Sec. 503.022. AUTHORITY TO SELF-INSURE
596-24 Sec. 503.023. INSURANCE REQUIREMENT
596-25 Sec. 503.024. WAIVER OF RIGHTS
596-26 (Sections 503.025-503.040 reserved for expansion)
596-27 SUBCHAPTER C. OFFSETS
597-1 Sec. 503.041. EXHAUSTION OF ANNUAL AND SICK LEAVE
597-2 (Sections 503.042-503.060 reserved for expansion)
597-3 SUBCHAPTER D. ADMINISTRATION
597-4 Sec. 503.061. ADMINISTRATION AND RULES
597-5 Sec. 503.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
597-6 COMPENSATION EXPENSES; ACCOUNT; REPORTS
597-7 Sec. 503.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS
597-8 Sec. 503.064. EXAMINING PHYSICIANS
597-9 Sec. 503.065. REPORTS OF INJURIES
597-10 Sec. 503.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL
597-11 TO SUBMIT TO EXAMINATION
597-12 Sec. 503.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT
597-13 Sec. 503.068. POSTPONEMENT OF HEARING
597-14 Sec. 503.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
597-15 OFFENSE
597-16 Sec. 503.070. VENUE FOR JUDICIAL REVIEW
597-17 Sec. 503.071. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE
597-18 CHAPTER 503. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
597-19 EMPLOYEES OF THE UNIVERSITY OF TEXAS SYSTEM
597-20 SUBCHAPTER A. GENERAL PROVISIONS
597-21 Sec. 503.001. DEFINITIONS. In this chapter:
597-22 (1) "Commission" means the Texas Workers' Compensation
597-23 Commission.
597-24 (2) "Employee" means a person employed in the service
597-25 of the institution under an appointment or oral or written express
597-26 contract for hire whose name appears on the institution's payroll.
597-27 (3) "Institution" means an institution of higher
598-1 education or agency under the direction of the board of regents of
598-2 The University of Texas System.
598-3 (4) "System" has the meaning assigned by Section
598-4 65.01(1), Education Code. (New; V.A.C.S. Art. 8309d, Secs.
598-5 2(a)(1), (2), (3), (4).)
598-6 Sec. 503.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
598-7 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
598-8 of Subtitle A apply to and are included in this chapter except to
598-9 the extent that they are inconsistent with this chapter:
598-10 (1) Chapter 401, other than Section 401.012 defining
598-11 "employee";
598-12 (2) Chapter 402;
598-13 (3) Chapter 403, other than Sections 403.001-403.005;
598-14 (4) Chapter 405;
598-15 (5) Sections 406.031-406.033; Subchapter D, Chapter
598-16 406; Sections 406.092 and 406.093;
598-17 (6) Chapter 408, other than Sections 408.001(b) and
598-18 (c);
598-19 (7) Chapters 409 and 410;
598-20 (8) Subchapters A and G, Chapter 411, other than
598-21 Sections 411.003 and 411.004; and
598-22 (9) Chapters 412-417.
598-23 (b) For the purpose of applying the provisions listed by
598-24 Subsection (a) to this chapter, "employer" means "the institution."
598-25 (c) Neither this chapter nor Subtitle A authorizes a cause
598-26 of action or damages against the system or any institution or
598-27 employee of the system or institution beyond the actions and
599-1 damages authorized by Chapter 101, Civil Practice and Remedies
599-2 Code. (V.A.C.S. Art. 8309d, Sec. 7.)
599-3 Sec. 503.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (a)
599-4 A reference in this chapter to an injured employee includes the
599-5 legal beneficiaries of the employee if the injured employee is
599-6 dead.
599-7 (b) In this section, "legal beneficiary" has the meaning
599-8 assigned to that term under Section 401.011. (V.A.C.S. Art. 8309d,
599-9 Secs. 2(a)(5), (b) (part).)
599-10 (Sections 503.004-503.020 reserved for expansion)
599-11 SUBCHAPTER B. COVERAGE
599-12 Sec. 503.021. WORKERS' COMPENSATION COVERAGE FOR SYSTEM AND
599-13 INSTITUTION EMPLOYEES. (a) The institution shall pay benefits as
599-14 provided by this chapter to an employee with a compensable injury.
599-15 (b) A benefit under this section for an employee who is
599-16 employed on less than a full workday basis may not exceed 60
599-17 percent of the employee's average weekly wage as computed under
599-18 Section 408.042.
599-19 (c) A benefit shall be paid weekly as it accrues directly to
599-20 the person entitled to it unless the liability is redeemed as
599-21 provided by this chapter.
599-22 (d) In this section, "average weekly wage" has the meaning
599-23 assigned to that term by Subchapter C, Chapter 408. (V.A.C.S.
599-24 Art. 8309d, Secs. 2(a)(6), 3 (part), 4, 9 (part).)
599-25 Sec. 503.022. AUTHORITY TO SELF-INSURE. An institution may
599-26 self-insure. (V.A.C.S. Art. 8309d, Sec. 3 (part).)
599-27 Sec. 503.023. INSURANCE REQUIREMENT. The board of regents
600-1 of the system may require each person employed by the system or an
600-2 institution other than by appointment or express contract for hire,
600-3 as a condition of employment, to acquire protection under a group
600-4 life and accident insurance plan approved by the board. (V.A.C.S.
600-5 Art. 8309d, Sec. 3 (part).)
600-6 Sec. 503.024. WAIVER OF RIGHTS. An agreement by an employee
600-7 to waive the employee's rights under this chapter is valid if made
600-8 in writing by the employee before becoming an employee. (V.A.C.S.
600-9 Art. 8309d, Sec. 15.)
600-10 (Sections 503.025-503.040 reserved for expansion)
600-11 SUBCHAPTER C. OFFSETS
600-12 Sec. 503.041. EXHAUSTION OF ANNUAL AND SICK LEAVE. (a) An
600-13 institution may provide that an injured employee may remain on the
600-14 payroll until the employee's earned annual and sick leave is
600-15 exhausted.
600-16 (b) While an injured employee remains on the payroll under
600-17 Subsection (a), medical services remain available to the employee
600-18 but workers' compensation benefits do not accrue or become payable
600-19 to the injured employee. (V.A.C.S. Art. 8309d, Sec. 9 (part).)
600-20 (Sections 503.042-503.060 reserved for expansion)
600-21 SUBCHAPTER D. ADMINISTRATION
600-22 Sec. 503.061. ADMINISTRATION AND RULES. (a) Each
600-23 institution shall administer this chapter.
600-24 (b) Process and procedure under this chapter shall be as
600-25 summary as possible.
600-26 (c) The institution may:
600-27 (1) adopt rules and prescribe and furnish forms
601-1 necessary for the administration of this chapter; and
601-2 (2) adopt and enforce rules necessary for the
601-3 prevention of accidents and injuries. (V.A.C.S. Art. 8309d, Secs.
601-4 3 (part), 10 (part), 13 (part).)
601-5 Sec. 503.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
601-6 COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) An institution may
601-7 set aside from its available appropriations, other than itemized
601-8 salary appropriations, an amount not to exceed two percent of the
601-9 institution's annual payroll for the payment of administrative
601-10 expenses, charges, benefits, and awards under this chapter.
601-11 (b) The amount set aside under Subsection (a) shall be set
601-12 up in a separate account in the institution's records. The balance
601-13 of the account at any time may not exceed an amount equal to two
601-14 percent of the institution's annual payroll.
601-15 (c) The account must show the disbursements authorized by
601-16 this chapter. A statement of the amount set aside for the account
601-17 and the disbursements from the account shall be included in the
601-18 reports made to the governor and the legislature as required by
601-19 law. (V.A.C.S. Art. 8309d, Sec. 19.)
601-20 Sec. 503.063. CERTIFIED COPIES OF COMMISSION DOCUMENTS. (a)
601-21 The commission shall furnish a certified copy of an order, award,
601-22 decision, or paper on file in the commission's office to a person
601-23 entitled to the copy on written request and payment of the fee for
601-24 the copy. The fee is the same as that charged for similar services
601-25 by the secretary of state's office.
601-26 (b) The institution may obtain certified copies under this
601-27 section without charge.
602-1 (c) A fee or salary may not be paid to a member or employee
602-2 of the commission for making a copy under Subsection (a) that
602-3 exceeds the fee charged for the copy. (V.A.C.S. Art. 8309d,
602-4 Sec. 16 (part).)
602-5 Sec. 503.064. EXAMINING PHYSICIANS. (a) The institution
602-6 shall designate a convenient number of licensed practicing
602-7 physicians to perform physical examinations of individuals employed
602-8 or to be employed by the institution to determine if an individual
602-9 is physically fit to be classified as an employee.
602-10 (b) A physician designated under Subsection (a) who conducts
602-11 an examination shall file with the institution a complete
602-12 transcript of the examination. The transcript must be sworn to on
602-13 a form provided by the institution.
602-14 (c) The institution shall maintain all reports under this
602-15 section as part of the institution's permanent records. (V.A.C.S.
602-16 Art. 8309d, Sec. 13 (part).)
602-17 Sec. 503.065. REPORTS OF INJURIES. (a) In addition to a
602-18 report of an injury filed with the commission under Section
602-19 409.005(a), an institution shall file a supplemental report that
602-20 contains:
602-21 (1) the name, age, sex, and occupation of the injured
602-22 employee;
602-23 (2) the character of work in which the employee was
602-24 engaged at the time of the injury;
602-25 (3) the place, date, and hour of the injury; and
602-26 (4) the nature and cause of the injury.
602-27 (b) The institution shall file the supplemental report on a
603-1 form obtained for that purpose:
603-2 (1) on the termination of incapacity of the injured
603-3 employee; or
603-4 (2) if the incapacity extends beyond 60 days.
603-5 (V.A.C.S. Art. 8309d, Sec. 12 (part).)
603-6 Sec. 503.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE;
603-7 REFUSAL TO SUBMIT TO EXAMINATION. (a) The commission may require
603-8 an employee who claims to have been injured to submit to an
603-9 examination by the commission or a person acting under the
603-10 commission's authority at a reasonable time and place in this
603-11 state.
603-12 (b) On the request of an employee or the institution, the
603-13 employee or the institution is entitled to have a physician
603-14 selected by the employee or the institution, as appropriate,
603-15 present to participate in an examination under Subsection (a) or
603-16 Section 408.004.
603-17 (c) An employee is not entitled to compensation during or
603-18 for a period in which the employee refuses to submit to an
603-19 examination under Subsection (a) or Section 408.004.
603-20 (d) The institution may have an injured employee examined at
603-21 a reasonable time and at a place suitable to the employee's
603-22 condition and convenient and accessible to the employee by a
603-23 physician selected by the institution. The institution shall pay
603-24 for an examination under this subsection and for the employee's
603-25 reasonable expenses incident to the examination. The employee is
603-26 entitled to have a physician selected by the employee present to
603-27 participate in an examination under this subsection.
604-1 (e) The institution shall pay the fee, as set by the
604-2 commission, of a physician selected by the employee under
604-3 Subsection (b) or (d). (V.A.C.S. Art. 8309d, Sec. 10 (part).)
604-4 Sec. 503.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a)
604-5 The commission may order or direct the institution to reduce or
604-6 suspend the compensation of an injured employee who:
604-7 (1) persists in insanitary or injurious practices that
604-8 tend to imperil or retard the employee's recovery; or
604-9 (2) refuses to submit to medical, surgical, or other
604-10 remedial treatment recognized by the state that is reasonably
604-11 essential to promote the employee's recovery.
604-12 (b) Compensation may not be reduced or suspended under this
604-13 section without reasonable notice to the employee and an
604-14 opportunity to be heard. (V.A.C.S. Art. 8309d, Sec. 10 (part).)
604-15 Sec. 503.068. POSTPONEMENT OF HEARING. If an injured
604-16 employee is receiving benefits under this chapter and the
604-17 institution is providing hospitalization or medical treatment to
604-18 the employee, the commission may postpone the hearing on the
604-19 employee's claim. An appeal may not be taken from a commission
604-20 order under this section. (V.A.C.S. Art. 8309d, Sec. 18 (part).)
604-21 Sec. 503.069. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
604-22 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
604-23 to a county or district court:
604-24 (1) the clerk of the court shall mail to the
604-25 commission:
604-26 (A) not later than the 20th day after the date
604-27 the case is filed, a notice containing the style, number, and date
605-1 of filing of the case; and
605-2 (B) not later than the 20th day after the date
605-3 the judgment is rendered, a certified copy of the judgment; and
605-4 (2) the attorney preparing the judgment shall file the
605-5 original and a copy of the judgment with the clerk.
605-6 (b) An attorney's failure to comply with Subsection (a)(2)
605-7 does not excuse the failure of a county or district clerk to comply
605-8 with Subsection (a)(1)(B).
605-9 (c) The duties of a county or district clerk under
605-10 Subsection (a)(1) are part of the clerk's ex officio duties, and
605-11 the clerk is not entitled to a fee for the services.
605-12 (d) A county or district clerk who violates this section
605-13 commits an offense. An offense under this section is a misdemeanor
605-14 punishable by a fine not to exceed $250. (V.A.C.S. Art. 8309d,
605-15 Sec. 21.)
605-16 Sec. 503.070. VENUE FOR JUDICIAL REVIEW. (a) A party who
605-17 does not consent to abide by the final decision of the commission
605-18 may file notice with the commission as required by Section 410.253
605-19 and bring suit in the county in which the injury occurred to set
605-20 aside the final decision of the commission.
605-21 (b) If a suit under this section is filed in a county other
605-22 than the county in which the injury occurred, the court, on
605-23 determining that it does not have jurisdiction to render judgment
605-24 on the merits of the suit, shall transfer the case to a proper
605-25 court in the county in which the injury occurred.
605-26 (c) Notice of the transfer of a suit under Subsection (b)
605-27 shall be given to the parties. A suit transferred under Subsection
606-1 (b) shall be considered for all purposes the same as if originally
606-2 filed in the court to which it is transferred. (V.A.C.S.
606-3 Art. 8309d, Sec. 17.)
606-4 Sec. 503.071. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE. The
606-5 attorney general is the institution's legal representative and may
606-6 bring and defend all suits and hearings necessary to carry out the
606-7 purposes of this chapter. (V.A.C.S. Art. 8309d, Sec. 20.)
606-8 CHAPTER 504. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
606-9 EMPLOYEES OF POLITICAL SUBDIVISIONS
606-10 SUBCHAPTER A. GENERAL PROVISIONS
606-11 Sec. 504.001. DEFINITIONS
606-12 Sec. 504.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
606-13 LAWS; LIMIT ON ACTIONS AND DAMAGES
606-14 Sec. 504.003. ELECTION OF REMEDIES
606-15 (Sections 504.004-504.010 reserved for expansion)
606-16 SUBCHAPTER B. COVERAGE
606-17 Sec. 504.011. METHOD OF PROVIDING COVERAGE
606-18 Sec. 504.012. OPTIONAL COVERAGES
606-19 Sec. 504.013. COVERAGE FOR TRUSTEES AND STAFF OF SELF-INSURANCE
606-20 FUND
606-21 Sec. 504.014. EXCLUSIONS
606-22 Sec. 504.015. MUNICIPAL UTILITIES
606-23 Sec. 504.016. JOINT INSURANCE FUND
606-24 Sec. 504.017. FEDERAL AND STATE FUNDED TRANSPORTATION
606-25 ENTITIES
606-26 Sec. 504.018. NOTICE TO COMMISSION AND EMPLOYEES; EFFECT ON
606-27 COMMON-LAW OR STATUTORY LIABILITY
607-1 (Sections 504.019-504.050 reserved for expansion)
607-2 SUBCHAPTER C. BENEFITS AND OFFSETS
607-3 Sec. 504.051. OFFSET AGAINST PAYMENTS FOR INCAPACITY
607-4 Sec. 504.052. SICK LEAVE BENEFITS
607-5 (Sections 504.053-504.070 reserved for expansion)
607-6 SUBCHAPTER D. ADMINISTRATION
607-7 Sec. 504.071. RULES; FORMS
607-8 Sec. 504.072. APPROPRIATIONS FOR DISBURSEMENTS; ACCOUNT;
607-9 REPORT
607-10 Sec. 504.073. REPRESENTATION IN LEGAL PROCEEDINGS
607-11 CHAPTER 504. WORKERS' COMPENSATION INSURANCE COVERAGE
607-12 FOR EMPLOYEES OF POLITICAL SUBDIVISIONS
607-13 SUBCHAPTER A. GENERAL PROVISIONS
607-14 Sec. 504.001. DEFINITIONS. In this chapter:
607-15 (1) "Commission" means the Texas Workers' Compensation
607-16 Commission.
607-17 (2) "Employee" means:
607-18 (A) a person in the service of a political
607-19 subdivision who has been employed as provided by law; or
607-20 (B) a person for whom optional coverage is
607-21 provided under Section 504.012 or 504.013.
607-22 (3) "Political subdivision" means a county,
607-23 municipality, special district, school district, junior college
607-24 district, housing authority, community center for mental health and
607-25 mental retardation services established under Subchapter A, Chapter
607-26 534, Health and Safety Code, or any other legally constituted
607-27 political subdivision of the state. (V.A.C.S. Art. 8309h, Sec. 1
608-1 (part).)
608-2 Sec. 504.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
608-3 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
608-4 of Subtitles A and B apply to and are included in this chapter
608-5 except to the extent that they are inconsistent with this chapter:
608-6 (1) Chapter 401, other than Section 401.011(18)
608-7 defining "employer" and Section 401.012 defining "employee";
608-8 (2) Chapter 402;
608-9 (3) Chapter 403, other than Sections 403.001-403.005;
608-10 (4) Chapter 405;
608-11 (5) Subchapters B and D-G, Chapter 406, other than
608-12 Sections 406.033, 406.034, 406.035, 406.091, and 406.096;
608-13 (6) Chapter 408, other than Sections 408.001(b) and
608-14 (c);
608-15 (7) Chapters 409-417; and
608-16 (8) Chapter 451.
608-17 (b) For the purpose of applying the provisions listed by
608-18 Subsection (a) to this chapter, "employer" means "political
608-19 subdivision."
608-20 (c) Neither this chapter nor Subtitle A authorizes a cause
608-21 of action or damages against a political subdivision or an employee
608-22 of a political subdivision beyond the actions and damages
608-23 authorized by Chapter 101, Civil Practice and Remedies Code.
608-24 (V.A.C.S. Art. 8309h, Secs. 3(a), (b), (c), (e).)
608-25 Sec. 504.003. ELECTION OF REMEDIES. A person may not bring
608-26 an action for wrongful discharge under both Chapter 451 and Chapter
608-27 832, Acts of the 68th Legislature, Regular Session, 1983 (Article
609-1 6252-16a, Vernon's Texas Civil Statutes). (V.A.C.S. Art. 8309h,
609-2 Sec. 3(d).)
609-3 (Sections 504.004-504.010 reserved for expansion)
609-4 SUBCHAPTER B. COVERAGE
609-5 Sec. 504.011. METHOD OF PROVIDING COVERAGE. A political
609-6 subdivision shall extend workers' compensation benefits to its
609-7 employees by:
609-8 (1) becoming a self-insurer;
609-9 (2) providing insurance under a workers' compensation
609-10 insurance policy; or
609-11 (3) entering into an interlocal agreement with other
609-12 political subdivisions providing for self-insurance. (V.A.C.S.
609-13 Art. 8309h, Sec. 2(a).)
609-14 Sec. 504.012. OPTIONAL COVERAGES. (a) A political
609-15 subdivision may cover volunteer fire fighters, police officers,
609-16 emergency medical personnel, and other volunteers that are
609-17 specifically named. A person covered under this subsection is
609-18 entitled to full medical benefits and the minimum compensation
609-19 payments under the law.
609-20 (b) By majority vote of the members of the governing body of
609-21 a political subdivision, the political subdivision may cover as
609-22 employees:
609-23 (1) an elected official;
609-24 (2) persons paid for jury service; or
609-25 (3) persons paid for service in the conduct of an
609-26 election.
609-27 (c) A political subdivision may cover a child who is in a
610-1 program established by the political subdivision to assist children
610-2 in rendering personal services to a charitable or educational
610-3 institution under Section 54.041(b), Family Code. (V.A.C.S. Art.
610-4 8309h, Sec. 1 (part).)
610-5 Sec. 504.013. COVERAGE FOR TRUSTEES AND STAFF OF
610-6 SELF-INSURANCE FUND. By majority vote of the board of
610-7 trustees of a self-insurance fund created under Section 504.016,
610-8 the fund may cover:
610-9 (1) members of the board of trustees;
610-10 (2) staff of the fund, including persons with whom the
610-11 fund has contracted to perform staff functions; or
610-12 (3) any other self-insurance fund created under
610-13 Chapter 791, Government Code. (V.A.C.S. Art. 8309h, Sec. 1
610-14 (part).)
610-15 Sec. 504.014. EXCLUSIONS. A person is not an employee and
610-16 is not entitled to compensation under this chapter if the person
610-17 is:
610-18 (1) in the service of a political subdivision and is
610-19 paid on a piecework basis or on a basis other than by the hour,
610-20 day, week, month, or year;
610-21 (2) a patient or client of a political subdivision
610-22 involved in vocational training; or
610-23 (3) a prisoner incarcerated by a political
610-24 subdivision. (V.A.C.S. Art. 8309h, Sec. 1 (part).)
610-25 Sec. 504.015. MUNICIPAL UTILITIES. (a) This section
610-26 applies to a municipal utility operated by a board of trustees
610-27 established under Article 1115, Revised Statutes, or a similar law.
611-1 (b) The board of trustees of a utility has the authority of
611-2 the governing body of the municipality under this chapter to:
611-3 (1) adopt a self-insurance program or take out a
611-4 policy of workers' compensation insurance; and
611-5 (2) adopt resolutions, give notices, and do all things
611-6 concerning workers' compensation regarding the utility's employees
611-7 that the governing body of the municipality would be authorized to
611-8 do regarding other municipal employees or groups of employees.
611-9 (c) Funds set aside or spent for the purpose of workers'
611-10 compensation insurance are considered operating expenses of the
611-11 utility. Funds set aside or paid by the board of trustees for
611-12 self-insurance or for premiums on insurance policies shall be paid
611-13 out of utility revenues. A provision for self-insurance or an
611-14 obligation incurred under an insurance policy is not a general
611-15 liability of the municipality but is payable only out of utility
611-16 revenues. (V.A.C.S. Art. 8309h, Sec. 2(d).)
611-17 Sec. 504.016. JOINT INSURANCE FUND. (a) Two or more
611-18 political subdivisions may establish a joint insurance fund as
611-19 provided by this section.
611-20 (b) A political subdivision may pay into the fund its
611-21 proportionate part as due and may contract for the fund, by and
611-22 through its directors, to make the payments due under this chapter
611-23 to employees of the political subdivision.
611-24 (c) The fund may be operated under the rules and bylaws
611-25 established by the participating political subdivisions.
611-26 (d) A joint insurance fund created under this section may
611-27 provide to the Texas Department of Insurance loss data in the same
612-1 manner as an insurance company writing workers' compensation
612-2 insurance. The State Board of Insurance shall use the loss data as
612-3 provided by Subchapter D, Chapter 5, Insurance Code.
612-4 (e) Except as provided by Subsection (d), a joint insurance
612-5 fund created under this section is not considered insurance for
612-6 purposes of any state statute and is not subject to State Board of
612-7 Insurance rules. (V.A.C.S. Art. 8309h, Sec. 4.)
612-8 Sec. 504.017. FEDERAL AND STATE FUNDED TRANSPORTATION
612-9 ENTITIES. An entity is eligible to participate under Section
612-10 504.016; Chapter 1084, Acts of the 70th Legislature, Regular
612-11 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes); or
612-12 Chapter 791, Government Code, if the entity provides transportation
612-13 subsidized in whole or in part by and provided to clients of:
612-14 (1) the Texas Department on Aging;
612-15 (2) the Texas Commission on Alcohol and Drug Abuse;
612-16 (3) the Texas Commission for the Blind;
612-17 (4) the Texas Cancer Council;
612-18 (5) the Texas Commission for the Deaf and Hearing
612-19 Impaired;
612-20 (6) the Texas Department of Housing and Community
612-21 Affairs;
612-22 (7) the Texas Department of Human Services;
612-23 (8) the Texas Department of Mental Health and Mental
612-24 Retardation;
612-25 (9) the Texas Rehabilitation Commission; or
612-26 (10) the Texas Youth Commission. (V.A.C.S. Art.
612-27 8309h, Sec. 9.)
613-1 Sec. 504.018. NOTICE TO COMMISSION AND EMPLOYEES; EFFECT ON
613-2 COMMON-LAW OR STATUTORY LIABILITY. (a) A political subdivision
613-3 shall notify the commission of the method by which its employees
613-4 will receive benefits, the approximate number of employees covered,
613-5 and the estimated amount of payroll.
613-6 (b) A political subdivision shall notify its employees of
613-7 the method by which the employees will receive benefits and the
613-8 effective date of the coverage. Employees of a political
613-9 subdivision are conclusively considered to have accepted the
613-10 compensation provisions instead of common-law or statutory
613-11 liability or cause of action, if any, for injuries received in the
613-12 course of employment or death resulting from injuries received in
613-13 the course of employment. (V.A.C.S. Art. 8309h, Secs. 2(b), (c).)
613-14 (Sections 504.019-504.050 reserved for expansion)
613-15 SUBCHAPTER C. BENEFITS AND OFFSETS
613-16 Sec. 504.051. OFFSET AGAINST PAYMENTS FOR INCAPACITY. (a)
613-17 Benefits provided under this chapter shall be offset:
613-18 (1) to the extent applicable, by any amount for
613-19 incapacity received as provided by:
613-20 (A) Chapter 143, Local Government Code; or
613-21 (B) any other statute in effect on June 19,
613-22 1975, that provides for the payment for incapacity to work because
613-23 of injury on the job that is also covered by this chapter; and
613-24 (2) by any amount paid under Article III, Section 52e,
613-25 of the Texas Constitution, as added in 1967.
613-26 (b) If benefits are offset, the employer may not withhold
613-27 the offset portion of the employee's wages until the time that
614-1 benefits under this chapter are received.
614-2 (c) If an employee's wages are offset, the employee and
614-3 employer shall contribute to the pension fund on the amount of
614-4 money by which the employee's wages were offset. An employee's
614-5 pension benefit may not be reduced as a result of the employee's
614-6 injuries or any compensation received under this chapter unless the
614-7 reduction results from a pension revision passed by a majority vote
614-8 of the affected members of a pension system. (V.A.C.S. Art. 8309h,
614-9 Secs. 5(a) (part), (b).)
614-10 Sec. 504.052. SICK LEAVE BENEFITS. (a) The governing body
614-11 of a political subdivision, by majority vote, may provide that
614-12 while an employee of the political subdivision is receiving
614-13 benefits under this chapter, the employee may elect to receive
614-14 previously accrued sick leave benefits, whether statutory or
614-15 contractual, in an amount equal to the difference between the
614-16 benefits under this chapter and the weekly compensation that the
614-17 employee was receiving before the injury that resulted in the
614-18 claim.
614-19 (b) Sick leave benefits received under Subsection (a) shall
614-20 be deducted proportionately from the employee's sick leave balance.
614-21 (c) This section does not limit the medical benefits to be
614-22 paid to the employee. A sick leave plan may not require an
614-23 employee to take sick leave benefits before receiving benefits
614-24 under this chapter. (V.A.C.S. Art. 8309h, Sec. 5(c) (part).)
614-25 (Sections 504.053-504.070 reserved for expansion)
614-26 SUBCHAPTER D. ADMINISTRATION
614-27 Sec. 504.071. RULES; FORMS. A political subdivision may:
615-1 (1) adopt and publish rules and prescribe and furnish
615-2 forms necessary to effectively administer this chapter; and
615-3 (2) adopt and enforce necessary rules for the
615-4 prevention of accidents and injuries. (V.A.C.S. Art. 8309h, Sec.
615-5 6.)
615-6 Sec. 504.072. APPROPRIATIONS FOR DISBURSEMENTS; ACCOUNT;
615-7 REPORT. (a) A political subdivision may set aside from available
615-8 appropriations, other than itemized salary appropriations, an
615-9 amount sufficient to pay all costs, administrative expenses,
615-10 benefits, insurance, and attorney's fees authorized by this
615-11 chapter.
615-12 (b) The amount set aside under Subsection (a) shall be set
615-13 up in a separate account in the political subdivision's records
615-14 showing the disbursements authorized by this chapter. A statement
615-15 of the amount set aside for disbursements from the account shall be
615-16 included in an annual report made to the political subdivision's
615-17 governing body and its treasurer. (V.A.C.S. Art. 8309h, Sec. 7.)
615-18 Sec. 504.073. REPRESENTATION IN LEGAL PROCEEDINGS. (a)
615-19 Except as provided by Subsection (b), in a proceeding in connection
615-20 with workers' compensation benefits provided by a political
615-21 subdivision as a self-insurer, the political subdivision may be
615-22 represented by:
615-23 (1) the political subdivision's attorney or that
615-24 attorney's assistants; or
615-25 (2) outside counsel.
615-26 (b) In a proceeding involving workers' compensation for
615-27 employees of a municipal utility operated by a board of trustees
616-1 established under Article 1115, Revised Statutes, or a similar law,
616-2 if the board of trustees is a self-insurer, the municipality shall
616-3 be represented by the regularly employed attorney or outside
616-4 counsel of the board of trustees. (V.A.C.S. Art. 8309h, Sec. 8.)
616-5 CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE
616-6 FOR EMPLOYEES OF TEXAS
616-7 DEPARTMENT OF TRANSPORTATION
616-8 SUBCHAPTER A. GENERAL PROVISIONS
616-9 Sec. 505.001. DEFINITIONS
616-10 Sec. 505.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;
616-11 LIMIT ON ACTIONS AND DAMAGES
616-12 (Sections 505.003-505.010 reserved for expansion)
616-13 SUBCHAPTER B. COVERAGE
616-14 Sec. 505.011. WORKERS' COMPENSATION COVERAGE FOR DEPARTMENT
616-15 EMPLOYEES
616-16 Sec. 505.012. AUTHORITY TO SELF-INSURE
616-17 Sec. 505.013. INDIVIDUALS EMPLOYED BY SUBCONTRACTORS
616-18 (Sections 505.014-505.050 reserved for expansion)
616-19 SUBCHAPTER C. ADMINISTRATION
616-20 Sec. 505.051. ADMINISTRATION; RULES; FORMS
616-21 Sec. 505.052. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
616-22 COMPENSATION EXPENSES; ACCOUNT; REPORTS
616-23 Sec. 505.053. CERTIFIED COPIES OF COMMISSION DOCUMENTS
616-24 Sec. 505.054. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
616-25 PHYSICIANS
616-26 Sec. 505.055. REPORTS OF INJURIES
616-27 Sec. 505.056. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL
617-1 TO SUBMIT TO EXAMINATION
617-2 Sec. 505.057. REFUSAL TO SUBMIT TO MEDICAL TREATMENT
617-3 Sec. 505.058. POSTPONEMENT OF HEARING
617-4 Sec. 505.059. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
617-5 OFFENSE
617-6 CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
617-7 EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION
617-8 SUBCHAPTER A. GENERAL PROVISIONS
617-9 Sec. 505.001. DEFINITIONS. (a) In this chapter:
617-10 (1) "Commission" means the Texas Workers' Compensation
617-11 Commission.
617-12 (2) "Department" means the Texas Department of
617-13 Transportation.
617-14 (3) "Employee" means a person in the service of the
617-15 department under an appointment or express contract of hire and
617-16 whose name appears on the department's payroll.
617-17 (4) "Legal beneficiary" has the meaning assigned to
617-18 that term under Section 401.011.
617-19 (b) A reference in this chapter to an employee who has been
617-20 injured includes the employee's legal beneficiary if the employee
617-21 is dead. (V.A.C.S. Art. 6674s, Secs. 2(a)(1), (2), (4), (5), (b)
617-22 (part).)
617-23 Sec. 505.002. APPLICATION OF GENERAL WORKERS' COMPENSATION
617-24 LAWS; LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions
617-25 of Subtitles A and B apply to and are included in this chapter
617-26 except to the extent that they are inconsistent with this chapter:
617-27 (1) Chapter 401, other than Section 401.012, defining
618-1 "employee";
618-2 (2) Chapter 402;
618-3 (3) Chapter 403, other than Sections 403.001-403.005;
618-4 (4) Chapter 405;
618-5 (5) Subchapters B, D, E, and H, Chapter 406, other
618-6 than Sections 406.071-406.073, and 406.075;
618-7 (6) Chapter 408, other than Sections 408.001(b) and
618-8 (c);
618-9 (7) Chapters 409 and 410;
618-10 (8) Subchapters A and G, Chapter 411, other than
618-11 Sections 411.003 and 411.004;
618-12 (9) Chapters 412-417; and
618-13 (10) Chapter 451.
618-14 (b) For the purpose of applying the provisions listed by
618-15 Subsection (a) to this chapter, "employer" means "department."
618-16 (c) Neither this chapter nor Subtitle A authorizes a cause
618-17 of action or damages against the department or an employee of the
618-18 department beyond the actions and damages authorized by Chapter
618-19 101, Civil Practice and Remedies Code. (V.A.C.S. Art. 6674s, Sec.
618-20 7.)
618-21 (Sections 505.003-505.010 reserved for expansion)
618-22 SUBCHAPTER B. COVERAGE
618-23 Sec. 505.011. WORKERS' COMPENSATION COVERAGE FOR DEPARTMENT
618-24 EMPLOYEES. The department shall pay benefits as provided by this
618-25 chapter to an employee with a compensable injury. (V.A.C.S. Art.
618-26 6674s, Secs. 3 (part), 4.)
618-27 Sec. 505.012. AUTHORITY TO SELF-INSURE. The department may
619-1 self-insure. (V.A.C.S. Art. 6674s, Sec. 3 (part).)
619-2 Sec. 505.013. INDIVIDUALS EMPLOYED BY SUBCONTRACTORS. (a)
619-3 Except as provided by Subsection (b), an individual employed by a
619-4 subcontractor performing work under contract with the department is
619-5 not considered an employee for purposes of this chapter.
619-6 (b) The department shall treat a person leasing a tractor, a
619-7 truck, mowing or cutting machinery, or other equipment to the
619-8 department and using the equipment to perform work under a contract
619-9 with the department:
619-10 (1) as an independent contractor, and the department
619-11 shall require the person, while performing the contract, to provide
619-12 life, health and accident, and disability insurance for the person
619-13 and any individual employed by the person to perform the contract
619-14 in an amount and with coverage approved by the Texas Department of
619-15 Insurance as substantially the same as provided for under workers'
619-16 compensation insurance;
619-17 (2) as an employee of the state for workers'
619-18 compensation purposes, and the department shall require the person
619-19 to provide workers' compensation insurance for each individual
619-20 employed by the person to perform the contract, in which case this
619-21 chapter applies to the person and the individuals employed by the
619-22 person without regard to the number of individuals employed; or
619-23 (3) as an employee of the state for workers'
619-24 compensation purposes, and each individual employed by that person
619-25 to perform the contract as an employee of the state for workers'
619-26 compensation purposes. (V.A.C.S. Art. 6674s, Sec. 12.)
619-27 (Sections 505.014-505.050 reserved for expansion)
620-1 SUBCHAPTER C. ADMINISTRATION
620-2 Sec. 505.051. ADMINISTRATION; RULES; FORMS. (a) The
620-3 department shall administer this chapter.
620-4 (b) Process and procedure under this chapter shall be as
620-5 summary as possible.
620-6 (c) The department may:
620-7 (1) adopt rules and prescribe and furnish forms
620-8 necessary to effectively administer this chapter; and
620-9 (2) adopt and enforce necessary rules for the
620-10 prevention of accidents and injuries. (V.A.C.S. Art. 6674s, Secs.
620-11 3 (part), 10 (part), 14 (part).)
620-12 Sec. 505.052. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
620-13 COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) The department may
620-14 set aside from its available appropriations, other than itemized
620-15 appropriations, an amount not exceeding three and one-half percent
620-16 of the department's annual payroll for the payment of
620-17 administrative expenses, charges, benefits, and awards under this
620-18 chapter.
620-19 (b) The amount set aside under Subsection (a) shall be set
620-20 up in a separate account in the department's records. The balance
620-21 of the account at any time may not exceed an amount equal to three
620-22 and one-half percent of the department's annual payroll.
620-23 (c) The account shall show the disbursements authorized by
620-24 this chapter. A statement of the amount set aside for the account
620-25 and the disbursements from the account shall be included in the
620-26 reports made to the governor and the legislature as required by
620-27 law. (V.A.C.S. Art. 6674s, Sec. 18.)
621-1 Sec. 505.053. CERTIFIED COPIES OF COMMISSION DOCUMENTS. (a)
621-2 The commission shall furnish a certified copy of an order, award,
621-3 decision, or paper on file in the commission's office to a person
621-4 entitled to the copy on written request and payment of the fee for
621-5 the copy. The fee shall be the same as that charged for similar
621-6 services by the secretary of state's office.
621-7 (b) The department may obtain certified copies under this
621-8 section without charge.
621-9 (c) A fee or salary may not be paid to a person in the
621-10 commission for making the copies that exceeds the fee charged for
621-11 the copies. (V.A.C.S. Art. 6674s, Sec. 15 (part).)
621-12 Sec. 505.054. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
621-13 PHYSICIANS. (a) An individual may not be certified as an employee
621-14 of the department under this chapter until the individual:
621-15 (1) submits to a physical examination as provided by
621-16 this section; and
621-17 (2) is certified by the examining physician to be
621-18 physically fit to perform the duties and services to which the
621-19 individual is to be assigned.
621-20 (b) Absence of a physical examination under this section
621-21 does not bar recovery.
621-22 (c) The department shall designate a convenient number of
621-23 regularly licensed practicing physicians to make physical
621-24 examinations of individuals employed by or to be employed by the
621-25 department to determine if the individuals are physically fit to be
621-26 classified as department employees.
621-27 (d) A physician designated under Subsection (c) who conducts
622-1 an examination shall file with the department a complete transcript
622-2 of the examination on a form furnished by the department. The
622-3 department shall maintain all reports under this subsection as part
622-4 of the department's permanent records. A report under this
622-5 subsection is admissible in evidence before the commission and in
622-6 an appeal from a final award or ruling of the commission in which
622-7 the individual named in the examination is a claimant for
622-8 compensation under this chapter. A report under this subsection
622-9 that is admitted is prima facie evidence of the facts stated in the
622-10 report. (V.A.C.S. Art. 6674s, Secs. 14 (part), 14a.)
622-11 Sec. 505.055. REPORTS OF INJURIES. (a) A report of an
622-12 injury filed with the commission under Section 409.005, in addition
622-13 to the information required by commission rules, must contain:
622-14 (1) the name, age, sex, and occupation of the injured
622-15 employee;
622-16 (2) the character of work in which the employee was
622-17 engaged at the time of the injury;
622-18 (3) the place, date, and hour of the injury; and
622-19 (4) the nature and cause of the injury.
622-20 (b) In addition to subsequent reports of an injury filed
622-21 with the commission under Section 409.005(e), the department shall
622-22 file a subsequent report on a form obtained for that purpose:
622-23 (1) on the termination of incapacity of the injured
622-24 employee; or
622-25 (2) if the incapacity extends beyond 60 days.
622-26 (V.A.C.S. Art. 6674s, Sec. 13 (part).)
622-27 Sec. 505.056. REQUIRED EXAMINATION OF INJURED EMPLOYEE;
623-1 REFUSAL TO SUBMIT TO EXAMINATION. (a) The commission may require
623-2 an employee who claims to have been injured to submit to an
623-3 examination by the commission or a person acting under the
623-4 commission's authority at a reasonable time and place in this
623-5 state.
623-6 (b) An employee is not entitled to compensation during or
623-7 for a period in which the employee refuses to submit to an
623-8 examination under Subsection (a) or Section 408.004.
623-9 (c) The department may have an injured employee examined at
623-10 a reasonable time and at a place suitable to the employee's
623-11 condition and convenient and accessible to the employee by a
623-12 physician selected by the department. The department shall pay for
623-13 an examination under this subsection and for the employee's
623-14 reasonable expenses incident to the examination.
623-15 (d) On the request of an employee or the department, the
623-16 employee or the department is entitled to have a physician selected
623-17 by the employee or the department present to participate in an
623-18 examination under Subsection (a) or Section 408.004. The employee
623-19 is entitled to have a physician selected by the employee present to
623-20 participate in an examination under Subsection (c). The department
623-21 shall pay the fee set by the commission of a physician selected by
623-22 the employee under this subsection. (V.A.C.S. Art. 6674s, Sec. 10
623-23 (part).)
623-24 Sec. 505.057. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a)
623-25 The commission may direct the department to reduce or suspend the
623-26 compensation of an injured employee if the employee:
623-27 (1) persists in insanitary or injurious practices that
624-1 tend to imperil or retard the employee's recovery; or
624-2 (2) refuses to submit to medical, surgical, or other
624-3 remedial treatment recognized by the state that is reasonably
624-4 essential to promote the employee's recovery.
624-5 (b) Compensation may not be reduced or suspended under this
624-6 section without reasonable notice to the employee and an
624-7 opportunity to be heard. (V.A.C.S. Art. 6674s, Sec. 10 (part).)
624-8 Sec. 505.058. POSTPONEMENT OF HEARING. If an injured
624-9 employee is receiving benefits under this chapter and the
624-10 department is providing hospitalization or medical treatment to the
624-11 employee, the commission may postpone the hearing of the employee's
624-12 claim. An appeal may not be taken from a commission order under
624-13 this section. (V.A.C.S. Art. 6674s, Sec. 17 (part).)
624-14 Sec. 505.059. NOTICE OF APPEAL; NOTICE OF TRIAL COURT
624-15 JUDGMENT; OFFENSE. (a) In each case appealed from the commission
624-16 to a county or district court:
624-17 (1) the clerk of the court shall mail to the
624-18 commission:
624-19 (A) not later than the 20th day after the date
624-20 the case is filed, a notice containing the style, number, and date
624-21 of filing of the case; and
624-22 (B) not later than the 20th day after the date
624-23 the judgment is rendered, a certified copy of the judgment; and
624-24 (2) the attorney preparing the judgment shall file the
624-25 original and a copy of the judgment with the clerk.
624-26 (b) An attorney's failure to comply with Subsection (a)(2)
624-27 does not excuse the failure of a county or district clerk to comply
625-1 with Subsection (a)(1)(B).
625-2 (c) The duties of a county or district clerk under
625-3 Subsection (a)(1) are part of the clerk's ex officio duties, and
625-4 the clerk is not entitled to a fee for the services.
625-5 (d) A county or district clerk who violates this section
625-6 commits an offense. An offense under this section is a misdemeanor
625-7 punishable by a fine not to exceed $250. (V.A.C.S. Art. 6674s,
625-8 Sec. 19.)
625-9 CHAPTER 506. PAYMENT OF CERTAIN JUDGMENTS
625-10 Sec. 506.001. LATE PAYMENT OF JUDGMENT BY THE STATE
625-11 CHAPTER 506. PAYMENT OF CERTAIN JUDGMENTS
625-12 Sec. 506.001. LATE PAYMENT OF JUDGMENT BY THE STATE. (a)
625-13 In a workers' compensation case in which a claimant is awarded a
625-14 judgment against the state or a political subdivision of the state
625-15 under Chapter 501, 502, 503, 504, or 505, the state or political
625-16 subdivision shall comply with the judgment not later than the 30th
625-17 day after the judgment is entered.
625-18 (b) If the state or a political subdivision of the state
625-19 fails or refuses to comply with a judgment as provided under
625-20 Subsection (a) and the claimant secures a mandamus order against
625-21 the state or political subdivision to force compliance with the
625-22 judgment, the claimant is also entitled to an award of:
625-23 (1) a penalty of 12 percent of the amount of
625-24 compensation recovered in the judgment; and
625-25 (2) reasonable attorney's fees for prosecution of the
625-26 mandamus action. (V.A.C.S. Art. 8309i.)
625-27 SECTION 2. CONFORMING AMENDMENT. Subtitle E, Title 4,
626-1 Government Code, is amended to conform to the Commission on Human
626-2 Rights Act (Article 5221k, Vernon's Texas Civil Statutes), by
626-3 adding Chapter 461 to read as follows:
626-4 CHAPTER 461. COMMISSION ON HUMAN RIGHTS
626-5 SUBCHAPTER A. GENERAL PROVISIONS; SUNSET
626-6 Sec. 461.001. DEFINITIONS
626-7 Sec. 461.002. APPLICATION OF SUNSET ACT
626-8 (Sections 461.003-461.050 reserved for expansion
626-9 SUBCHAPTER B. ORGANIZATION AND ADMINISTRATION
626-10 Sec. 461.051. MEMBERSHIP
626-11 Sec. 461.052. ELIGIBILITY
626-12 Sec. 461.053. TERM OF OFFICE
626-13 Sec. 461.054. REMOVAL OF MEMBER
626-14 Sec. 461.055. REIMBURSEMENT OF EXPENSES
626-15 Sec. 461.056. CHAIRMAN
626-16 Sec. 461.057. GENERAL ADMINISTRATIVE POWERS
626-17 Sec. 461.058. PERSONNEL MATTERS
626-18 Sec. 461.059. EQUAL EMPLOYMENT OPPORTUNITY POLICY
626-19 STATEMENT
626-20 Sec. 461.060. PUBLIC INTEREST INFORMATION AND COMPLAINTS
626-21 Sec. 461.061. PLAN FOR REASONABLE ACCESS TO COMMISSION
626-22 PROGRAMS
626-23 Sec. 461.062. ANNUAL REPORT
626-24 (Sections 461.063-461.100 reserved for expansion
626-25 SUBCHAPTER C. OFFENSE; PENALTY
626-26 Sec. 461.101. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY
626-27 CHAPTER 461. COMMISSION ON HUMAN RIGHTS
627-1 SUBCHAPTER A. GENERAL PROVISIONS; SUNSET
627-2 Sec. 461.001. DEFINITIONS. In this chapter:
627-3 (1) "Commission" means the Commission on Human Rights.
627-4 (2) "Commissioner" means a member of the commission.
627-5 (V.A.C.S. Art. 5221k, Secs. 2.01(2), (3).)
627-6 Sec. 461.002. APPLICATION OF SUNSET ACT. The Commission on
627-7 Human Rights is subject to Chapter 325 (Texas Sunset Act). Unless
627-8 continued in existence as provided by that chapter, the commission
627-9 is abolished September 1, 1999. (V.A.C.S. Art. 5221k, Sec. 3.03.)
627-10 (Sections 461.003-461.050 reserved for expansion
627-11 SUBCHAPTER B. ORGANIZATION AND ADMINISTRATION
627-12 Sec. 461.051. MEMBERSHIP. (a) The commission consists of
627-13 six members. One member of the commission shall be a
627-14 representative of industry, one member shall be a representative of
627-15 labor, and four members shall be representatives of the public.
627-16 (b) The governor shall appoint the commissioners with the
627-17 advice and consent of the senate. In making the appointments, the
627-18 governor shall strive to achieve representation on the commission
627-19 that is diverse with respect to disability, religion, age, economic
627-20 status, sex, race, and ethnicity. (V.A.C.S. Art. 5221k, Sec.
627-21 3.01(a) (part).)
627-22 Sec. 461.052. ELIGIBILITY. (a) A person is not eligible
627-23 for appointment as a public member of the commission if the person
627-24 or the person's spouse:
627-25 (1) is employed by or participates in the management
627-26 of a business entity or other organization receiving funds from the
627-27 commission;
628-1 (2) owns or controls, directly or indirectly, more
628-2 than a 10 percent interest in a business entity or other
628-3 organization receiving funds from the commission; or
628-4 (3) uses or receives a substantial amount of tangible
628-5 goods, services, or funds from the commission, other than
628-6 compensation or reimbursement authorized by law for commission
628-7 membership, attendance, or expenses.
628-8 (b) A person may not serve as a member of the commission or
628-9 act as general counsel to the commission if the person is required
628-10 to register as a lobbyist under Chapter 305 because of the person's
628-11 activities for compensation on behalf of a profession related to
628-12 the operation of the commission. (V.A.C.S. Art. 5221k, Secs.
628-13 3.01(e), (f).)
628-14 Sec. 461.053. TERM OF OFFICE. The term of office of each
628-15 commissioner is six years. (V.A.C.S. Art. 5221k, Sec. 3.01(b)
628-16 (part).)
628-17 Sec. 461.054. REMOVAL OF MEMBER. (a) It is a ground for
628-18 removal from the commission if a member:
628-19 (1) does not have at the time of appointment the
628-20 qualifications required by Section 461.051 or 461.052(a);
628-21 (2) does not maintain during service on the commission
628-22 the qualifications required by Section 461.051 or 461.052(a);
628-23 (3) violates a prohibition established by Section
628-24 461.052(b);
628-25 (4) cannot discharge the member's duties for a
628-26 substantial part of the term for which the member is appointed
628-27 because of illness or disability; or
629-1 (5) is absent for more than half of the regularly
629-2 scheduled commission meetings that the member is eligible to attend
629-3 during a calendar year unless the absence is excused by majority
629-4 vote of the commission.
629-5 (b) The validity of an act of the commission is not affected
629-6 by the fact that it is taken when a ground for removal of a
629-7 commission member exists.
629-8 (c) If the executive director of the commission has
629-9 knowledge that a potential ground for removal exists, the executive
629-10 director shall notify the presiding officer of the commission of
629-11 the ground. The presiding officer shall then notify the governor
629-12 that a potential ground for removal exists. (V.A.C.S. Art. 5221k,
629-13 Sec. 3.011.)
629-14 Sec. 461.055. REIMBURSEMENT OF EXPENSES. A commissioner is
629-15 entitled to reimbursement of actual and necessary expenses incurred
629-16 in the performance of official duties. (V.A.C.S. Art. 5221k, Sec.
629-17 3.01(d).)
629-18 Sec. 461.056. CHAIRMAN. The governor shall designate one of
629-19 the commissioners to serve as the chairman of the commission.
629-20 (V.A.C.S. Art. 5221k, Sec. 3.01(a) (part).)
629-21 Sec. 461.057. GENERAL ADMINISTRATIVE POWERS. The commission
629-22 may:
629-23 (1) maintain an office in the city of Austin;
629-24 (2) meet and exercise its powers at any place in the
629-25 state;
629-26 (3) by rule establish panels of not less than a quorum
629-27 to exercise its powers;
630-1 (4) employ an executive director and authorize the
630-2 employment of other staff members, representatives, or agents;
630-3 (5) set the compensation of the executive director and
630-4 other staff members, representatives, and agents; and
630-5 (6) accept public grants or private gifts, bequests,
630-6 or other payments. (V.A.C.S. Art. 5221k, Secs. 3.01(c) (part),
630-7 3.02(a)(1), (2), (3), (5).)
630-8 Sec. 461.058. PERSONNEL MATTERS. (a) The executive
630-9 director or the person designated by the executive director shall
630-10 develop an intraagency career ladder program. The program shall
630-11 require intraagency posting of all nonentry level positions
630-12 concurrently with any public posting.
630-13 (b) The executive director or the person designated by the
630-14 executive director shall develop a system of annual performance
630-15 evaluations. All merit pay for commission employees must be based
630-16 on the system established under this subsection.
630-17 (c) The commission shall provide to its members and
630-18 employees, as often as necessary, information regarding their
630-19 qualifications for office or employment under this chapter and
630-20 their responsibilities under applicable laws relating to standards
630-21 of conduct for state officers or employees.
630-22 (d) The commission shall develop and implement policies that
630-23 clearly define the responsibilities of the commission and the staff
630-24 of the commission. (V.A.C.S. Art. 5221k, Secs. 3.04(a), (b), (c),
630-25 (g).)
630-26 Sec. 461.059. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
630-27 (a) The executive director or the person designated by the
631-1 executive director shall prepare and maintain a written policy
631-2 statement to assure implementation of a program of equal employment
631-3 opportunity under which all personnel transactions are made without
631-4 regard to race, color, disability, sex, religion, age, or national
631-5 origin.
631-6 (b) The policy statement required under this section must
631-7 include:
631-8 (1) personnel policies, including policies related to
631-9 recruitment, evaluation, selection, appointment, training, and
631-10 promotion of personnel;
631-11 (2) a comprehensive analysis of the commission work
631-12 force that meets federal and state guidelines;
631-13 (3) procedures by which a determination can be made of
631-14 significant underutilization in the commission work force of all
631-15 persons for whom federal or state guidelines encourage a more
631-16 equitable balance; and
631-17 (4) reasonable methods to appropriately address those
631-18 areas of significant underutilization.
631-19 (c) A policy statement under this section must cover an
631-20 annual period, be updated not less than annually, and be filed with
631-21 the governor's office.
631-22 (d) The governor's office shall make a biennial report to
631-23 the legislature from the information received under this section.
631-24 The report may be made separately or as a part of other biennial
631-25 reports made to the legislature. (V.A.C.S. Art. 5221k,
631-26 Secs. 3.04(d), (e), (f).)
631-27 Sec. 461.060. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
632-1 (a) The commission shall prepare information of public interest
632-2 describing the functions of the commission and the commission's
632-3 procedures by which complaints are filed with and resolved by the
632-4 commission. The commission shall make the information available to
632-5 the public and appropriate state agencies.
632-6 (b) If a written complaint is filed with the commission that
632-7 the commission has authority to resolve, the commission, at least
632-8 quarterly and until final disposition of the complaint, shall
632-9 notify the parties to the complaint of the status of the complaint
632-10 unless the notice would jeopardize an undercover investigation by
632-11 another agency of the state, federal, or local government.
632-12 (c) The commission shall develop and implement policies that
632-13 provide the public with a reasonable opportunity to appear before
632-14 the commission. (V.A.C.S. Art. 5221k, Sec. 3.05.)
632-15 Sec. 461.061. PLAN FOR REASONABLE ACCESS TO COMMISSION
632-16 PROGRAMS. The commission shall prepare and maintain a written plan
632-17 that describes how a person with a disability or a person who does
632-18 not speak English can be provided reasonable access to the
632-19 commission's programs. (V.A.C.S. Art. 5221k, Sec. 3.02(c).)
632-20 Sec. 461.062. ANNUAL REPORT. (a) The commission shall file
632-21 annually with the governor and the presiding officer of each house
632-22 of the legislature a complete and detailed written report
632-23 accounting for all funds received and disbursed by the commission
632-24 during the preceding fiscal year.
632-25 (b) The report must be in the form and reported in the time
632-26 provided by the General Appropriations Act. (V.A.C.S. Art. 5221k,
632-27 Sec. 3.02(b).)
633-1 (Sections 461.063-461.100 reserved for expansion
633-2 SUBCHAPTER C. OFFENSE; PENALTY
633-3 Sec. 461.101. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY.
633-4 (a) A person commits an offense if the person wilfully resists,
633-5 prevents, impedes, or interferes with the performance of a duty
633-6 under or the exercise of a power provided by this chapter.
633-7 (b) An offense under this section is a Class B misdemeanor.
633-8 (V.A.C.S. Art. 5221k, Sec. 9.02.)
633-9 SECTION 3. CONFORMING AMENDMENT. Subtitle G, Title 2,
633-10 Health and Safety Code, is amended to conform to Chapter 788, Acts
633-11 of the 62nd Legislature, Regular Session, 1971 (Article 5221e-1,
633-12 Vernon's Texas Civil Statutes), by adding Chapter 146 to read as
633-13 follows:
633-14 CHAPTER 146. MIGRANT LABOR HOUSING FACILITIES
633-15 Sec. 146.001. DEFINITIONS
633-16 Sec. 146.002. LICENSE REQUIRED
633-17 Sec. 146.003. LICENSE APPLICATION; APPLICATION INSPECTION
633-18 Sec. 146.004. INSPECTION
633-19 Sec. 146.005. FAILURE TO MEET STANDARDS; REINSPECTION
633-20 Sec. 146.006. LICENSE ISSUANCE; TERM; NOT TRANSFERABLE
633-21 Sec. 146.007. LICENSE POSTING
633-22 Sec. 146.008. INSPECTION OF FACILITIES
633-23 Sec. 146.009. FEE
633-24 Sec. 146.010. SUSPENSION OR REVOCATION OF LICENSE
633-25 Sec. 146.011. ENFORCEMENT; ADOPTION OF RULES
633-26 Sec. 146.012. INJUNCTIVE RELIEF
633-27 Sec. 146.013. CIVIL PENALTY
634-1 CHAPTER 146. MIGRANT LABOR HOUSING FACILITIES
634-2 Sec. 146.001. DEFINITIONS. In this chapter:
634-3 (1) "Facility" means a structure, trailer, or vehicle,
634-4 or two or more contiguous or grouped structures, trailers, or
634-5 vehicles, together with the land appurtenant.
634-6 (2) "Migrant agricultural worker" means an individual
634-7 who:
634-8 (A) is working or available for work seasonally
634-9 or temporarily in primarily an agricultural or agriculturally
634-10 related industry; and
634-11 (B) moves one or more times from one place to
634-12 another to perform seasonal or temporary employment or to be
634-13 available for seasonal or temporary employment.
634-14 (3) "Migrant labor housing facility" means a facility
634-15 that is established, operated, or used for more than three days as
634-16 living quarters for two or more seasonal, temporary, or migrant
634-17 families or three or more seasonal, temporary, or migrant workers,
634-18 whether rent is paid or reserved in connection with the use of the
634-19 facility.
634-20 (4) "Person" means an individual, association,
634-21 partnership, corporation, or political subdivision. (V.A.C.S. Art.
634-22 5221e-1, Sec. 1 (part).)
634-23 Sec. 146.002. LICENSE REQUIRED. A person may not establish,
634-24 maintain, or operate a migrant labor housing facility without
634-25 obtaining a license from the department. (V.A.C.S. Art. 5221e-1,
634-26 Sec. 2 (part).)
634-27 Sec. 146.003. LICENSE APPLICATION; APPLICATION INSPECTION.
635-1 (a) To receive a migrant labor housing facility license, a person
635-2 must apply to the department according to rules adopted by the
635-3 board and on a form prescribed by the board.
635-4 (b) The application must be made not later than the 45th day
635-5 before the intended date of operation of the facility.
635-6 (c) The application must state:
635-7 (1) the location and ownership of the migrant labor
635-8 housing facility;
635-9 (2) the approximate number of persons to be
635-10 accommodated;
635-11 (3) the probable periods of use of the facility; and
635-12 (4) any other information required by the board.
635-13 (d) The application must be accompanied by the license fee.
635-14 (V.A.C.S. Art. 5221e-1, Sec. 3 (part).)
635-15 Sec. 146.004. INSPECTION. The department shall inspect the
635-16 migrant labor housing facility not later than the 30th day after
635-17 the date of receipt of a complete application and the fee.
635-18 (V.A.C.S. Art. 5221e-1, Sec. 4(a).)
635-19 Sec. 146.005. FAILURE TO MEET STANDARDS; REINSPECTION. (a)
635-20 If a migrant labor housing facility for which a license application
635-21 is made does not meet the reasonable minimum standards of
635-22 construction, sanitation, equipment, and operation required by
635-23 rules adopted under this chapter, the department at the time of
635-24 inspection shall give the license applicant the reasons that the
635-25 facility does not meet those standards. The applicant may request
635-26 the department to reinspect the facility not later than the 60th
635-27 day after the date on which the reasons are given.
636-1 (b) If a facility does not meet the standards on
636-2 reinspection, the applicant must submit a new license application
636-3 as provided by Section 146.003. (V.A.C.S. Art. 5221e-1,
636-4 Sec. 4(c).)
636-5 Sec. 146.006. LICENSE ISSUANCE; TERM; NOT TRANSFERABLE. (a)
636-6 The department shall issue a license to establish, maintain, and
636-7 operate a migrant labor housing facility if the facility meets the
636-8 standards of construction, sanitation, equipment, and operation
636-9 required by rules adopted under this chapter.
636-10 (b) The license expires on the first anniversary of the date
636-11 of issuance.
636-12 (c) The license issued under this chapter is not
636-13 transferable. (V.A.C.S. Art. 5221e-1, Sec. 4(b).)
636-14 Sec. 146.007. LICENSE POSTING. A person who holds a license
636-15 issued under this chapter shall post the license in the migrant
636-16 labor housing facility at all times during the maintenance or
636-17 operation of the facility. (V.A.C.S. Art. 5221e-1, Sec. 2 (part).)
636-18 Sec. 146.008. INSPECTION OF FACILITIES. An authorized
636-19 representative of the department, after giving or making a
636-20 reasonable attempt to give notice to the operator of a migrant
636-21 labor housing facility, may enter and inspect the facility during
636-22 reasonable hours and investigate conditions, practices, or other
636-23 matters as necessary or appropriate to determine whether a person
636-24 has violated this chapter or a rule adopted under this chapter.
636-25 (V.A.C.S. Art. 5221e-1, Sec. 8.)
636-26 Sec. 146.009. FEE. The board shall set the license fee in
636-27 an amount not to exceed $100. (V.A.C.S. Art. 5221e-1, Secs. 3
637-1 (part), 6 (part).)
637-2 Sec. 146.010. SUSPENSION OR REVOCATION OF LICENSE. (a) The
637-3 department may suspend or revoke a license for a violation of this
637-4 chapter or a rule adopted under this chapter.
637-5 (b) The Administrative Procedure and Texas Register Act
637-6 (Article 6252-13a, Vernon's Texas Civil Statutes) and department
637-7 rules for a contested case hearing govern the procedures for the
637-8 suspension or revocation of a license issued under this chapter.
637-9 (c) A hearing conducted under this section must be held in
637-10 the county in which the affected migrant labor housing facility is
637-11 located. (V.A.C.S. Art. 5221e-1, Sec. 5.)
637-12 Sec. 146.011. ENFORCEMENT; ADOPTION OF RULES. (a) The
637-13 department shall enforce this chapter.
637-14 (b) The board shall adopt rules to protect the health and
637-15 safety of persons living in migrant labor housing facilities.
637-16 (c) The board by rule shall adopt standards for living
637-17 quarters at a migrant labor housing facility, including standards
637-18 relating to:
637-19 (1) construction of the facility;
637-20 (2) sanitary conditions;
637-21 (3) water supply;
637-22 (4) toilets;
637-23 (5) sewage disposal;
637-24 (6) storage, collection, and disposal of refuse;
637-25 (7) light and air;
637-26 (8) safety requirements;
637-27 (9) fire protection;
638-1 (10) equipment;
638-2 (11) maintenance and operation of the facility; and
638-3 (12) any other matter appropriate or necessary for the
638-4 protection of the health and safety of the occupants.
638-5 (d) An employee or occupant of a migrant labor housing
638-6 facility who uses the sanitary or other facilities furnished for
638-7 the convenience of employees or occupants shall comply with the
638-8 rules adopted under Subsection (b) or (c).
638-9 (e) The board by rule shall adopt minimum standards for
638-10 issuing, revoking, or suspending a license issued under this
638-11 chapter. (V.A.C.S. Art. 5221e-1, Secs. 6 (part), 7, and 10.)
638-12 Sec. 146.012. INJUNCTIVE RELIEF. (a) A district court for
638-13 good cause shown in a hearing and on application by the department
638-14 may grant a temporary or permanent injunction to prohibit a person
638-15 from violating this chapter or a rule adopted under this chapter.
638-16 (b) A person subject to a temporary or permanent injunction
638-17 under Subsection (a) may appeal to the supreme court as in other
638-18 cases. (V.A.C.S. Art. 5221e-1, Sec. 9(b).)
638-19 Sec. 146.013. CIVIL PENALTY. (a) A person who violates
638-20 this chapter or a rule adopted under this chapter is subject to a
638-21 civil penalty of $200 for each day that the violation occurs.
638-22 (b) The county attorney for the county in which the
638-23 violation occurred, or the attorney general, at the request of the
638-24 department, shall bring an action in the name of the state to
638-25 collect the penalty. (V.A.C.S. Art. 5221e-1, Sec. 9(a).)
638-26 SECTION 4. CONFORMING AMENDMENT. Subtitle C, Title 5, Local
638-27 Government Code, is amended to conform to The Fire and Police
639-1 Employee Relations Act (Article 5154c-1, Vernon's Texas Civil
639-2 Statutes) by adding Chapter 174 to read as follows:
639-3 CHAPTER 174. FIRE AND POLICE EMPLOYEE RELATIONS
639-4 SUBCHAPTER A. GENERAL PROVISIONS
639-5 Sec. 174.001. SHORT TITLE
639-6 Sec. 174.002. POLICY
639-7 Sec. 174.003. DEFINITIONS
639-8 Sec. 174.004. LIBERAL CONSTRUCTION
639-9 Sec. 174.005. PREEMPTION OF OTHER LAW
639-10 Sec. 174.006. EFFECT ON CIVIL SERVICE PROVISIONS
639-11 Sec. 174.007. EFFECT ON EXISTING BENEFITS
639-12 (Sections 174.008-174.020 reserved for expansion
639-13 SUBCHAPTER B. CONDITIONS OF EMPLOYMENT
639-14 AND RIGHT TO ORGANIZE
639-15 Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS
639-16 REQUIRED
639-17 Sec. 174.022. CERTAIN PUBLIC EMPLOYERS CONSIDERED TO
639-18 BE IN COMPLIANCE
639-19 Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY
639-20 (Sections 174.024-174.050 reserved for expansion
639-21 SUBCHAPTER C. ADOPTION AND REPEAL OF
639-22 COLLECTIVE BARGAINING PROVISIONS
639-23 Sec. 174.051. ADOPTION ELECTION
639-24 Sec. 174.052. EFFECT OF SUCCESSFUL ADOPTION ELECTION
639-25 Sec. 174.053. REPEAL ELECTION
639-26 Sec. 174.054. EFFECT OF SUCCESSFUL REPEAL ELECTION
639-27 Sec. 174.055. FREQUENCY OF ELECTIONS
640-1 (Sections 174.056-174.100 reserved for expansion
640-2 SUBCHAPTER D. COLLECTIVE BARGAINING
640-3 Sec. 174.101. RECOGNITION OF BARGAINING AGENT FOR
640-4 FIRE FIGHTERS
640-5 Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR
640-6 POLICE OFFICERS
640-7 Sec. 174.103. SINGLE BARGAINING AGENT FOR FIRE FIGHTERS
640-8 AND POLICE OFFICERS
640-9 Sec. 174.104. QUESTION REGARDING REPRESENTATION
640-10 Sec. 174.105. DUTY TO BARGAIN COLLECTIVELY
640-11 IN GOOD FAITH
640-12 Sec. 174.106. DESIGNATION OF NEGOTIATOR
640-13 Sec. 174.107. NOTICE TO PUBLIC EMPLOYER REGARDING
640-14 CERTAIN ISSUES
640-15 Sec. 174.108. OPEN DELIBERATIONS
640-16 Sec. 174.109. EFFECT OF AGREEMENT
640-17 (Sections 174.110-174.150 reserved for expansion
640-18 SUBCHAPTER E. MEDIATION; ARBITRATION
640-19 Sec. 174.151. MEDIATION
640-20 Sec. 174.152. IMPASSE
640-21 Sec. 174.153. REQUEST FOR ARBITRATION; AGREEMENT
640-22 TO ARBITRATE
640-23 Sec. 174.154. ARBITRATION BOARD
640-24 Sec. 174.155. ARBITRATION HEARING
640-25 Sec. 174.156. SCOPE OF ARBITRATION
640-26 Sec. 174.157. EVIDENCE; OATH; SUBPOENA
640-27 Sec. 174.158. ARBITRATION AWARD
641-1 Sec. 174.159. EFFECT OF AWARD
641-2 Sec. 174.160. AMENDMENT OF AWARD
641-3 Sec. 174.161. BEGINNING OF NEW FISCAL YEAR
641-4 Sec. 174.162. EXTENSION OF PERIOD
641-5 Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED
641-6 Sec. 174.164. COMPENSATION OF ARBITRATORS; EXPENSES
641-7 OF ARBITRATION
641-8 (Sections 174.165-174.200 reserved for expansion
641-9 SUBCHAPTER F. STRIKES; LOCKOUTS
641-10 Sec. 174.201. DEFINITION
641-11 Sec. 174.202. STRIKES, SLOWDOWNS, AND LOCKOUTS PROHIBITED
641-12 Sec. 174.203. LOCKOUT BY MUNICIPALITY; INJUNCTION; PENALTY
641-13 Sec. 174.204. STRIKE; PENALTY AGAINST ASSOCIATION
641-14 Sec. 174.205. STRIKE; PENALTY AGAINST INDIVIDUAL
641-15 (Sections 174.206-174.250 reserved for expansion
641-16 SUBCHAPTER G. JUDICIAL ENFORCEMENT AND REVIEW
641-17 Sec. 174.251. JUDICIAL ENFORCEMENT GENERALLY
641-18 Sec. 174.252. JUDICIAL ENFORCEMENT WHEN PUBLIC EMPLOYER
641-19 DECLINES ARBITRATION
641-20 Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD
641-21 CHAPTER 174. FIRE AND POLICE EMPLOYEE RELATIONS
641-22 SUBCHAPTER A. GENERAL PROVISIONS
641-23 Sec. 174.001. SHORT TITLE. This chapter may be cited as The
641-24 Fire and Police Employee Relations Act. (V.A.C.S. Art. 5154c-1,
641-25 Sec. 1.)
641-26 Sec. 174.002. POLICY. (a) The policy of this state is that
641-27 a political subdivision shall provide its fire fighters and police
642-1 officers with compensation and other conditions of employment that
642-2 are substantially the same as compensation and conditions of
642-3 employment prevailing in comparable private sector employment.
642-4 (b) The policy of this state is that fire fighters and
642-5 police officers, like employees in the private sector, should have
642-6 the right to organize for collective bargaining, as collective
642-7 bargaining is a fair and practical method for determining
642-8 compensation and other conditions of employment. Denying fire
642-9 fighters and police officers the right to organize and bargain
642-10 collectively would lead to strife and unrest, consequently injuring
642-11 the health, safety, and welfare of the public.
642-12 (c) The health, safety, and welfare of the public demands
642-13 that strikes, lockouts, and work stoppages and slowdowns of fire
642-14 fighters and police officers be prohibited, and therefore it is the
642-15 state's duty to make available reasonable alternatives to strikes
642-16 by fire fighters and police officers.
642-17 (d) Because of the essential and emergency nature of the
642-18 public service performed by fire fighters and police officers, a
642-19 reasonable alternative to strikes is a system of arbitration
642-20 conducted under adequate legislative standards. Another reasonable
642-21 alternative, if the parties fail to agree to arbitrate, is judicial
642-22 enforcement of the requirements of this chapter regarding
642-23 compensation and conditions of employment applicable to fire
642-24 fighters and police officers.
642-25 (e) With the right to strike prohibited, to maintain the
642-26 high morale of fire fighters and police officers and the efficient
642-27 operation of the departments in which they serve, alternative
643-1 procedures must be expeditious, effective, and binding. (V.A.C.S.
643-2 Art. 5154c-1, Secs. 2(a), (b)(1), (2), (3) (part).)
643-3 Sec. 174.003. DEFINITIONS. In this chapter:
643-4 (1) "Association" means any type of organization,
643-5 including an agency or employee representation committee or plan,
643-6 in which fire fighters, police officers, or both, participate and
643-7 that exists, in whole or in part, to deal with one or more public
643-8 or private employers concerning grievances, labor disputes, or
643-9 conditions of employment affecting fire fighters, police officers,
643-10 or both.
643-11 (2) "Fire fighter" means a permanent, paid employee of
643-12 the fire department of a political subdivision. The term does not
643-13 include:
643-14 (A) the chief of the department; or
643-15 (B) a volunteer fire fighter.
643-16 (3) "Police officer" means a paid employee who is
643-17 sworn, certified, and full-time, and who regularly serves in a
643-18 professional law enforcement capacity in the police department of a
643-19 political subdivision. The term does not include the chief of the
643-20 department.
643-21 (4) "Political subdivision" includes a municipality.
643-22 (5) "Public employer" means the official or group of
643-23 officials of a political subdivision whose duty is to establish the
643-24 compensation, hours, and other conditions of employment of fire
643-25 fighters, police officers, or both, and may include the mayor, city
643-26 manager, town manager, town administrator, city council, director
643-27 of personnel, personnel board, commissioners, or another official
644-1 or combination of those persons. (New; V.A.C.S. Art. 5154c-1,
644-2 Secs. 3(1), (2), (3), (4).)
644-3 Sec. 174.004. LIBERAL CONSTRUCTION. This chapter shall be
644-4 liberally construed. (V.A.C.S. Art. 5154c-1, Sec. 2(b)(3) (part).)
644-5 Sec. 174.005. PREEMPTION OF OTHER LAW. This chapter
644-6 preempts all contrary local ordinances, executive orders,
644-7 legislation, or rules adopted by the state or by a political
644-8 subdivision or agent of the state, including a personnel board,
644-9 civil service commission, or home-rule municipality. (V.A.C.S.
644-10 Art. 5154c-1, Sec. 20(a) (part).)
644-11 Sec. 174.006. EFFECT ON CIVIL SERVICE PROVISIONS. (a) A
644-12 state or local civil service provision prevails over a collective
644-13 bargaining contract under this chapter unless the collective
644-14 bargaining contract specifically provides otherwise.
644-15 (b) A civil service provision may not be repealed or
644-16 modified by arbitration or judicial action but may be interpreted
644-17 or enforced by an arbitrator or court.
644-18 (c) This chapter does not limit the authority of a municipal
644-19 fire chief or police chief under Chapter 143 except as modified by
644-20 the parties through collective bargaining. (V.A.C.S. Art. 5154c-1,
644-21 Secs. 20(b), (d).)
644-22 Sec. 174.007. EFFECT ON EXISTING BENEFITS. This chapter may
644-23 not be construed as repealing any existing benefit provided by
644-24 statute or ordinance concerning fire fighters' or police officers'
644-25 compensation, pensions, retirement plans, hours of work, conditions
644-26 of employment, or other emoluments. This chapter is in addition to
644-27 the benefits provided by existing statutes and ordinances.
645-1 (V.A.C.S. Art. 5154c-1, Sec. 20(c).)
645-2 (Sections 174.008-174.020 reserved for expansion
645-3 SUBCHAPTER B. CONDITIONS OF EMPLOYMENT
645-4 AND RIGHT TO ORGANIZE
645-5 Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS
645-6 REQUIRED. A political subdivision that employs fire fighters,
645-7 police officers, or both, shall provide those employees with
645-8 compensation and other conditions of employment that are:
645-9 (1) substantially equal to compensation and other
645-10 conditions of employment that prevail in comparable employment in
645-11 the private sector; and
645-12 (2) based on prevailing private sector compensation
645-13 and conditions of employment in the labor market area in other jobs
645-14 that require the same or similar skills, ability, and training and
645-15 may be performed under the same or similar conditions. (V.A.C.S.
645-16 Art. 5154c-1, Sec. 4.)
645-17 Sec. 174.022. CERTAIN PUBLIC EMPLOYERS CONSIDERED TO BE IN
645-18 COMPLIANCE. (a) A public employer that has reached an agreement
645-19 with an association on compensation or other conditions of
645-20 employment as provided by this chapter is considered to be in
645-21 compliance with the requirements of Section 174.021 as to the
645-22 conditions of employment for the duration of the agreement.
645-23 (b) If an arbitration award is rendered as provided by
645-24 Subchapter E, the public employer involved is considered to be in
645-25 compliance with the requirements of Section 174.021 as to the
645-26 conditions of employment provided by the award for the duration of
645-27 the collective bargaining period to which the award applies.
646-1 (V.A.C.S. Art. 5154c-1, Secs. 8 (part), 13(b).)
646-2 Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY.
646-3 On adoption of this chapter or the law codified by this chapter by
646-4 a political subdivision to which this chapter applies, fire
646-5 fighters, police officers, or both are entitled to organize and
646-6 bargain collectively with their public employer regarding
646-7 compensation, hours, and other conditions of employment. (V.A.C.S.
646-8 Art. 5154c-1, Sec. 5(a).)
646-9 (Sections 174.024-174.050 reserved for expansion
646-10 SUBCHAPTER C. ADOPTION AND REPEAL OF
646-11 COLLECTIVE BARGAINING PROVISIONS
646-12 Sec. 174.051. ADOPTION ELECTION. (a) The governing body of
646-13 a political subdivision to which this chapter applies shall order
646-14 an election for the adoption of this chapter on receiving a
646-15 petition signed by qualified voters of the political subdivision in
646-16 a number equal to or greater than the lesser of:
646-17 (1) 20,000; or
646-18 (2) five percent of the number of qualified voters
646-19 voting in the political subdivision in the preceding general
646-20 election for state and county officers.
646-21 (b) The governing body shall hold the election on the first
646-22 authorized uniform election date prescribed by Chapter 41, Election
646-23 Code, that allows sufficient time for compliance with any
646-24 requirements established by law.
646-25 (c) The ballot in the election shall be printed to provide
646-26 for voting for or against the proposition: "Adoption of the state
646-27 law applicable to (fire fighters, police officers, or both, as
647-1 applicable) that establishes collective bargaining if a majority of
647-2 the affected employees favor representation by an employees
647-3 association, preserves the prohibition against strikes and
647-4 lockouts, and provides penalties for strikes and lockouts."
647-5 (V.A.C.S. Art. 5154c-1, Sec. 5(b) (part).)
647-6 Sec. 174.052. EFFECT OF SUCCESSFUL ADOPTION ELECTION. If a
647-7 majority of the votes cast in an election under Section 174.051
647-8 favor adoption of this chapter, the governing body shall place this
647-9 chapter in effect not later than the 30th day after the beginning
647-10 of the first fiscal year of the political subdivision after the
647-11 election. (V.A.C.S. Art. 5154c-1, Sec. 5(b) (part).)
647-12 Sec. 174.053. REPEAL ELECTION. (a) The governing body of a
647-13 political subdivision in which the collective bargaining provisions
647-14 of this chapter have been in effect for at least one year shall
647-15 order an election for the repeal of the adoption of this chapter on
647-16 receiving a petition signed by qualified voters of the political
647-17 subdivision in a number equal to or greater than the lesser of:
647-18 (1) 20,000; or
647-19 (2) five percent of the number of qualified voters
647-20 voting in the political subdivision in the preceding general
647-21 election for state and county officers.
647-22 (b) The ballot in the election shall be printed to provide
647-23 for voting for or against the proposition: "Repeal of the adoption
647-24 of the state law applicable to (fire fighters, police officers, or
647-25 both, as applicable) that establishes collective bargaining if a
647-26 majority of the affected employees favor representation by an
647-27 employees association, preserves the prohibition against strikes
648-1 and lockouts, and provides penalties for strikes and lockouts."
648-2 (V.A.C.S. Art. 5154c-1, Sec. 5(c) (part).)
648-3 Sec. 174.054. EFFECT OF SUCCESSFUL REPEAL ELECTION. If a
648-4 majority of the votes cast in an election under Section 174.053
648-5 favor repeal of the adoption of this chapter, the collective
648-6 bargaining provisions of this chapter are void as to the political
648-7 subdivision. (V.A.C.S. Art. 5154c-1, Sec. 5(c) (part).)
648-8 Sec. 174.055. FREQUENCY OF ELECTIONS. If an election for
648-9 the adoption or the repeal of the adoption of this chapter is held
648-10 under this subchapter, a like petition for a subsequent election
648-11 may not be submitted before the first anniversary of the date of
648-12 the preceding election. (V.A.C.S. Art. 5154c-1, Sec. 5(d).)
648-13 (Sections 174.056-174.100 reserved for expansion
648-14 SUBCHAPTER D. COLLECTIVE BARGAINING
648-15 Sec. 174.101. RECOGNITION OF BARGAINING AGENT FOR FIRE
648-16 FIGHTERS. A public employer shall recognize an association
648-17 selected by a majority of the fire fighters of the fire department
648-18 of a political subdivision as the exclusive bargaining agent for
648-19 the fire fighters of that department unless a majority of the fire
648-20 fighters withdraw the recognition. (V.A.C.S. Art. 5154c-1, Sec.
648-21 6(a).)
648-22 Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR POLICE
648-23 OFFICERS. A public employer shall recognize an association
648-24 selected by a majority of the police officers of the police
648-25 department of a political subdivision as the exclusive bargaining
648-26 agent for the police officers of that department unless a majority
648-27 of the police officers withdraw the recognition. (V.A.C.S. Art.
649-1 5154c-1, Sec. 6(b).)
649-2 Sec. 174.103. SINGLE BARGAINING AGENT FOR FIRE FIGHTERS AND
649-3 POLICE OFFICERS. (a) Except as provided by Subsection (b), the
649-4 fire and police departments of a political subdivision are separate
649-5 collective bargaining units under this chapter.
649-6 (b) Associations that represent employees in the fire and
649-7 police departments of a political subdivision may voluntarily join
649-8 together for collective bargaining with the public employer.
649-9 (V.A.C.S. Art. 5154c-1, Sec. 6(d).)
649-10 Sec. 174.104. QUESTION REGARDING REPRESENTATION. (a) A
649-11 question of whether an association is the majority representative
649-12 of the employees of a department under Sections 174.101-174.103
649-13 shall be resolved by a fair election conducted according to
649-14 procedures agreed on by the parties.
649-15 (b) If the parties are unable to agree on election
649-16 procedures under Subsection (a), either party may request the
649-17 American Arbitration Association to conduct the election and
649-18 certify the results. Certification of the results of an election
649-19 under this section shall resolve the question regarding
649-20 representation. The public employer shall pay the expenses of the
649-21 election, except that if two or more associations seek recognition
649-22 as the bargaining agent, the associations shall pay the costs of
649-23 the election equally. (V.A.C.S. Art. 5154c-1, Sec. 6(c).)
649-24 Sec. 174.105. DUTY TO BARGAIN COLLECTIVELY IN GOOD FAITH.
649-25 (a) If the fire fighters, police officers, or both of a political
649-26 subdivision are represented by an association as provided by
649-27 Sections 174.101-174.104, the public employer and the association
650-1 shall bargain collectively.
650-2 (b) For purposes of this section, the duty to bargain
650-3 collectively means a public employer and an association shall:
650-4 (1) meet at reasonable times;
650-5 (2) confer in good faith regarding compensation,
650-6 hours, and other conditions of employment or the negotiation of an
650-7 agreement or a question arising under an agreement; and
650-8 (3) execute a written contract incorporating any
650-9 agreement reached, if either party requests a written contract.
650-10 (c) This section does not require a public employer or an
650-11 association to:
650-12 (1) agree to a proposal; or
650-13 (2) make a concession. (V.A.C.S. Art. 5154c-1, Secs.
650-14 7(a), (b).)
650-15 Sec. 174.106. DESIGNATION OF NEGOTIATOR. A public employer
650-16 or an association may designate one or more persons to negotiate or
650-17 bargain on its behalf. (V.A.C.S. Art. 5154c-1, Sec. 7(c) (part).)
650-18 Sec. 174.107. NOTICE TO PUBLIC EMPLOYER REGARDING CERTAIN
650-19 ISSUES. If compensation or another matter that requires an
650-20 appropriation of money by any governing body is included for
650-21 collective bargaining under this chapter, an association shall
650-22 serve on the public employer a written notice of its request for
650-23 collective bargaining at least 120 days before the date on which
650-24 the public employer's current fiscal operating budget ends.
650-25 (V.A.C.S. Art. 5154c-1, Sec. 7(d).)
650-26 Sec. 174.108. OPEN DELIBERATIONS. A deliberation relating
650-27 to collective bargaining between a public employer and an
651-1 association, a deliberation by a quorum of an association
651-2 authorized to bargain collectively, or a deliberation by a member
651-3 of a public employer authorized to bargain collectively shall be
651-4 open to the public and comply with state law. (V.A.C.S. Art.
651-5 5154c-1, Sec. 7(e).)
651-6 Sec. 174.109. EFFECT OF AGREEMENT. An agreement under this
651-7 chapter is binding and enforceable against a public employer, an
651-8 association, and a fire fighter or police officer covered by the
651-9 agreement. (V.A.C.S. Art. 5154c-1, Sec. 8 (part).)
651-10 (Sections 174.110-174.150 reserved for expansion
651-11 SUBCHAPTER E. MEDIATION; ARBITRATION
651-12 Sec. 174.151. MEDIATION. (a) A public employer and an
651-13 association that is a bargaining agent may use mediation to assist
651-14 them in reaching an agreement.
651-15 (b) If a mediator is used, then a mediator may be appointed
651-16 by agreement of the parties or by an appropriate state agency.
651-17 (c) A mediator may:
651-18 (1) hold separate or joint conferences as the mediator
651-19 considers expedient to settle issues voluntarily, amicably, and
651-20 expeditiously; and
651-21 (2) notwithstanding Subsection (d), recommend or
651-22 suggest to the parties any proposal or procedure that in the
651-23 mediator's judgment might lead to settlement.
651-24 (d) A mediator may not:
651-25 (1) make a public recommendation on any negotiation
651-26 issue in connection with the mediator's service; or
651-27 (2) make a public statement or report that evaluates
652-1 the relative merits of the parties' positions. (V.A.C.S. Art.
652-2 5154c-1, Secs. 7(c) (part), 9(c) (part).)
652-3 Sec. 174.152. IMPASSE. (a) For purposes of this
652-4 subchapter, an impasse in the collective bargaining process is
652-5 considered to have occurred if the parties do not settle in writing
652-6 each issue in dispute before the 61st day after the date on which
652-7 the collective bargaining process begins.
652-8 (b) The period specified in Subsection (a) may be extended
652-9 by written agreement of the parties. An extension must be for a
652-10 definite period not to exceed 15 days. (V.A.C.S. Art. 5154c-1,
652-11 Sec. 9(b).)
652-12 Sec. 174.153. REQUEST FOR ARBITRATION; AGREEMENT TO
652-13 ARBITRATE. (a) A public employer or an association that is a
652-14 bargaining agent may request the appointment of an arbitration
652-15 board if:
652-16 (1) the parties:
652-17 (A) reach an impasse in collective bargaining;
652-18 or
652-19 (B) are unable to settle after the appropriate
652-20 lawmaking body fails to approve a contract reached through
652-21 collective bargaining;
652-22 (2) the parties made every reasonable effort,
652-23 including mediation, to settle the dispute through good-faith
652-24 collective bargaining; and
652-25 (3) the public employer or association gives written
652-26 notice to the other party, specifying the issue in dispute.
652-27 (b) A request for arbitration must be made not later than
653-1 the fifth day after:
653-2 (1) the date an impasse was reached under Section
653-3 174.152; or
653-4 (2) the expiration of an extension period under
653-5 Section 174.152.
653-6 (c) An election by both parties to arbitrate must:
653-7 (1) be made not later than the fifth day after the
653-8 date arbitration is requested; and
653-9 (2) be a written agreement to arbitrate.
653-10 (d) A party may not request arbitration more than once in a
653-11 fiscal year. (V.A.C.S. Art. 5154c-1, Secs. 9(a), (c) (part), 10(a)
653-12 (part).)
653-13 Sec. 174.154. ARBITRATION BOARD. (a) Not later than the
653-14 fifth day after the date an agreement to arbitrate is executed,
653-15 each party shall:
653-16 (1) select one arbitrator; and
653-17 (2) immediately notify the other party in writing of
653-18 the name and address of the arbitrator selected.
653-19 (b) Not later than the 10th day after the date an agreement
653-20 to arbitrate is executed, the arbitrators named under Subsection
653-21 (a) shall attempt to select a third (neutral) arbitrator. If the
653-22 arbitrators are unable to agree on a third arbitrator, either party
653-23 may request the American Arbitration Association to select the
653-24 third arbitrator, and the American Arbitration Association may
653-25 appoint the third arbitrator according to its fair and regular
653-26 procedures. Unless both parties consent, the third arbitrator may
653-27 not be the same individual who served as a mediator under Section
654-1 174.151.
654-2 (c) The arbitrator selected under Subsection (b) presides
654-3 over the arbitration board. (V.A.C.S. Art. 5154c-1, Sec. 11.)
654-4 Sec. 174.155. ARBITRATION HEARING. (a) A presiding
654-5 arbitrator shall:
654-6 (1) call a hearing to be held not later than the 10th
654-7 day after the date on which the presiding arbitrator is appointed;
654-8 and
654-9 (2) notify the other arbitrators, the public employer,
654-10 and the association in writing of the time and place of the
654-11 hearing, not later than the eighth day before the hearing.
654-12 (b) An arbitration hearing shall end not later than the 20th
654-13 day after the date the hearing begins.
654-14 (c) An arbitration hearing shall be informal. (V.A.C.S.
654-15 Art. 5154c-1, Secs. 12(a) (part), (b) (part).)
654-16 Sec. 174.156. SCOPE OF ARBITRATION. (a) The issues to be
654-17 arbitrated are all matters the parties are unable to resolve
654-18 through collective bargaining and mediation procedures required by
654-19 this chapter.
654-20 (b) An arbitration board shall render an award in accordance
654-21 with the requirements of Section 174.021. In settling disputes
654-22 relating to compensation, hours, and other conditions of
654-23 employment, the board shall consider:
654-24 (1) hazards of employment;
654-25 (2) physical qualifications;
654-26 (3) educational qualifications;
654-27 (4) mental qualifications;
655-1 (5) job training;
655-2 (6) skills; and
655-3 (7) other factors. (V.A.C.S. Art. 5154c-1, Secs.
655-4 10(a) (part), 13(a).)
655-5 Sec. 174.157. EVIDENCE; OATH; SUBPOENA. (a) The rules of
655-6 evidence applicable to judicial proceedings are not binding in an
655-7 arbitration hearing.
655-8 (b) An arbitration board may:
655-9 (1) receive in evidence any documentary evidence or
655-10 other information the board considers relevant;
655-11 (2) administer oaths; and
655-12 (3) issue subpoenas to require:
655-13 (A) the attendance and testimony of witnesses;
655-14 and
655-15 (B) the production of books, records, and other
655-16 evidence relevant to an issue presented to the board for
655-17 determination. (V.A.C.S. Art. 5154c-1, Sec. 12(a) (part).)
655-18 Sec. 174.158. ARBITRATION AWARD. (a) Not later than the
655-19 10th day after the end of the hearing, an arbitration board shall:
655-20 (1) make written findings; and
655-21 (2) render a written award on the issues presented to
655-22 the board.
655-23 (b) A copy of the findings and award shall be mailed or
655-24 delivered to the public employer and the association.
655-25 (c) An increase in compensation awarded by an arbitration
655-26 board under this subchapter may take effect only at the beginning
655-27 of the next fiscal year after the date of the award.
656-1 (d) If a new fiscal year begins after the initiation of
656-2 arbitration procedures under this subchapter, Subsection (c) does
656-3 not apply and an increase in compensation may be retroactive to the
656-4 beginning of the fiscal year. (V.A.C.S. Art. 5154c-1, Secs. 12(b)
656-5 (part), 13(d) (part).)
656-6 Sec. 174.159. EFFECT OF AWARD. If a majority decision of an
656-7 arbitration board is supported by competent, material, and
656-8 substantial evidence on the whole record, the decision:
656-9 (1) is final and binding on the parties; and
656-10 (2) may be enforced by either party or the arbitration
656-11 board in a district court for the judicial district in which a
656-12 majority of the affected employees reside. (V.A.C.S. Art. 5154c-1,
656-13 Sec. 13(c).)
656-14 Sec. 174.160. AMENDMENT OF AWARD. The parties to an
656-15 arbitration award may amend the award by written agreement at any
656-16 time. (V.A.C.S. Art. 5154c-1, Sec. 13(e).)
656-17 Sec. 174.161. BEGINNING OF NEW FISCAL YEAR. If a new fiscal
656-18 year begins after the initiation of arbitration procedures under
656-19 this subchapter but before an award is rendered or enforced:
656-20 (1) the dispute is not moot;
656-21 (2) the jurisdiction of the arbitration board is not
656-22 impaired; and
656-23 (3) the arbitration award is not impaired. (V.A.C.S.
656-24 Art. 5154c-1, Sec. 13(d) (part).)
656-25 Sec. 174.162. EXTENSION OF PERIOD. A period specified by
656-26 Section 174.155 or 174.158 may be extended:
656-27 (1) by the written agreement of the parties for a
657-1 reasonable period; or
657-2 (2) by the arbitration board for good cause for one or
657-3 more periods that in the aggregate do not exceed 20 days.
657-4 (V.A.C.S. Art. 5154c-1, Sec. 12(c).)
657-5 Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED. This
657-6 chapter does not require compulsory arbitration. (V.A.C.S. Art.
657-7 5154c-1, Sec. 10(b).)
657-8 Sec. 174.164. COMPENSATION OF ARBITRATORS; EXPENSES OF
657-9 ARBITRATION. (a) The compensation of an arbitrator selected by a
657-10 public employer shall be paid by the public employer.
657-11 (b) The compensation, if any, of an arbitrator selected by
657-12 fire fighters, police officers, or both shall be paid by the
657-13 association representing the employees.
657-14 (c) The public employer and the association representing the
657-15 employees shall jointly pay in even proportions:
657-16 (1) the compensation of the neutral arbitrator; and
657-17 (2) the stenographic and other expenses incurred by
657-18 the arbitration board in connection with the arbitration
657-19 proceedings.
657-20 (d) If a party to arbitration requires a transcript of the
657-21 arbitration proceedings, the party shall pay the cost of the
657-22 transcript. (V.A.C.S. Art. 5154c-1, Sec. 15.)
657-23 (Sections 174.165-174.200 reserved for expansion
657-24 SUBCHAPTER F. STRIKES; LOCKOUTS
657-25 Sec. 174.201. DEFINITION. In this subchapter, "strike"
657-26 means failing to report for duty in concerted action with others,
657-27 wilfully being absent from one's position, stopping work,
658-1 abstaining from the full, faithful, and proper performance of the
658-2 duties of employment, or interfering with the operation of a
658-3 municipality in any manner, to induce, influence, or coerce a
658-4 change in the conditions, compensation, rights, privileges, or
658-5 obligations of employment. (V.A.C.S. Art. 5154c-1, Sec. 3(5).)
658-6 Sec. 174.202. STRIKES, SLOWDOWNS, AND LOCKOUTS PROHIBITED.
658-7 (a) A fire fighter or police officer may not engage in a strike or
658-8 slowdown.
658-9 (b) A lockout of fire fighters or police officers is
658-10 prohibited. (V.A.C.S. Art. 5154c-1, Sec. 17(a).)
658-11 Sec. 174.203. LOCKOUT BY MUNICIPALITY; INJUNCTION; PENALTY.
658-12 If a municipality or its designated agent or a department or agency
658-13 head engages in a lockout of fire fighters or police officers, a
658-14 court shall:
658-15 (1) prohibit the lockout;
658-16 (2) impose a fine not to exceed $2,000 on any
658-17 individual violator; or
658-18 (3) both prohibit the lockout and impose the fine.
658-19 (V.A.C.S. Art. 5154c-1, Sec. 17(b).)
658-20 Sec. 174.204. STRIKE; PENALTY AGAINST ASSOCIATION. (a) A
658-21 district court for the judicial district in which a municipality is
658-22 located that finds that an association has called, ordered, aided,
658-23 or abetted a strike by fire fighters or police officers shall:
658-24 (1) impose a fine on the association for each day of
658-25 the strike equal to 1/26 of the total of the association's annual
658-26 membership dues, but not less than $2,500 nor more than $20,000;
658-27 and
659-1 (2) order the forfeiture of any membership dues
659-2 checkoff for a specified period not to exceed 12 months.
659-3 (b) If the court finds that the municipality or its
659-4 representative engaged in acts of extreme provocation that detract
659-5 substantially from the association's responsibility for the strike,
659-6 the court may reduce the amount of the fine.
659-7 (c) An association that appeals a fine under Subsection (b)
659-8 is not required to pay the fine until the appeal is finally
659-9 determined. (V.A.C.S. Art. 5154c-1, Secs. 17(c), (d).)
659-10 Sec. 174.205. STRIKE; PENALTY AGAINST INDIVIDUAL. If a fire
659-11 fighter or police officer engages in a strike, interferes with the
659-12 municipality, prevents the municipality from engaging in its duty,
659-13 directs any employee of the municipality to decline to work or to
659-14 stop or slow down work, causes another to fail or refuse to deliver
659-15 goods or services to the municipality, pickets for any of those
659-16 unlawful acts, or conspires to perform any of those acts:
659-17 (1) the fire fighter's or police officer's
659-18 compensation in any form may not increase in any manner until after
659-19 the first anniversary of the date the individual resumes normal
659-20 working duties; and
659-21 (2) the fire fighter or police officer shall be on
659-22 probation for two years regarding civil service status, tenure of
659-23 employment, or contract of employment to which the individual was
659-24 previously entitled. (V.A.C.S. Art. 5154c-1, Sec. 17(e).)
659-25 (Sections 174.206-174.250 reserved for expansion
659-26 SUBCHAPTER G. JUDICIAL ENFORCEMENT AND REVIEW
659-27 Sec. 174.251. JUDICIAL ENFORCEMENT GENERALLY. A district
660-1 court for the judicial district in which a municipality is located,
660-2 on the application of a party aggrieved by an act or omission of
660-3 the other party that relates to the rights or duties under this
660-4 chapter, may issue a restraining order, temporary or permanent
660-5 injunction, contempt order, or other writ, order, or process
660-6 appropriate to enforce this chapter. (V.A.C.S. Art. 5154c-1, Sec.
660-7 18.)
660-8 Sec. 174.252. JUDICIAL ENFORCEMENT WHEN PUBLIC EMPLOYER
660-9 DECLINES ARBITRATION. (a) If an association requests arbitration
660-10 as provided by Subchapter E and a public employer refuses to engage
660-11 in arbitration, on the application of the association, a district
660-12 court for the judicial district in which a majority of affected
660-13 employees reside may enforce the requirements of Section 174.021 as
660-14 to any unsettled issue relating to compensation or other conditions
660-15 of employment of fire fighters, police officers, or both.
660-16 (b) If the court finds that the public employer has violated
660-17 Section 174.021, the court shall:
660-18 (1) order the public employer to make the affected
660-19 employees whole as to the employees' past losses;
660-20 (2) declare the compensation or other conditions of
660-21 employment required by Section 174.021 for the period, not to
660-22 exceed one year, as to which the parties are bargaining; and
660-23 (3) award the association reasonable attorney's fees.
660-24 (c) The court costs of an action under this section,
660-25 including costs for a master if one is appointed, shall be taxed to
660-26 the public employer. (V.A.C.S. Art. 5154c-1, Sec. 16.)
660-27 Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An
661-1 award of an arbitration board may be reviewed by a district court
661-2 for the judicial district in which the municipality is located only
661-3 on the grounds that:
661-4 (1) the arbitration board was without jurisdiction;
661-5 (2) the arbitration board exceeded its jurisdiction;
661-6 (3) the order is not supported by competent, material,
661-7 and substantial evidence on the whole record; or
661-8 (4) the order was obtained by fraud, collusion, or
661-9 similar unlawful means.
661-10 (b) The pendency of a review proceeding does not
661-11 automatically stay enforcement of the arbitration board's order.
661-12 (V.A.C.S. Art. 5154c-1, Sec. 14.)
661-13 SECTION 5. REPEALER. The following laws are repealed:
661-14 (1) The following articles and Acts, as compiled in
661-15 Vernon's Texas Civil Statutes: 239, 240, 241, 242, 243, 244, 245,
661-16 246, 247, 248, 249, 4413(52), 5152, 5153, 5154, 5154a, 5154b,
661-17 5154c-1, 5154d, 5154e, 5154f, 5154g, 5155, 5159d, 5165.4, 5181.1,
661-18 5182, 5182-1, 5182a, 5196c, 5196d, 5196e, 5196f, 5196g, 5207,
661-19 5207a, 5207c, 5221a-2, 5221a-3, 5221b-1, 5221b-2, 5221b-2a,
661-20 5221b-3, 5221b-4, 5221b-4a, 5221b-5, 5221b-5a, 5221b-5b, 5221b-5c,
661-21 5221b-6, 5221b-7, 5221b-7a, 5221b-7b, 5221b-7c, 5221b-7d, 5221b-8,
661-22 5221b-9, 5221b-9a, 5221b-9b, 5221b-9c, 5221b-9d, 5221b-9e,
661-23 5221b-9ee, 5221b-10, 5221b-11, 5221b-12, 5221b-12A, 5221b-13,
661-24 5221b-14, 5221b-15, 5221b-15a, 5221b-16, 5221b-17, 5221b-17a,
661-25 5221b-19, 5221b-20, 5221b-21, 5221b-22, 5221b-22a, 5221b-22aa,
661-26 5221b-22b, 5221b-22c, 5221b-22d, 5221b-22dd, 5221b-22e, 5221b-22f,
661-27 5221b-24, 5221e-1, 5221g, 5221g-1, 5221g-2, 5221j, 5221k, 6674s,
662-1 8307c, 8308a, 8309b, 8309d, 8309g, 8309g-1, 8309h, 8309i, and 9005.
662-2 (2) The Texas Workers' Compensation Act (Article
662-3 8308-1.01 et seq., Vernon's Texas Civil Statutes).
662-4 SECTION 6. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
662-5 This Act is enacted under Article III, Section 43, of the Texas
662-6 Constitution. This Act is intended as a recodification only, and
662-7 no substantive change in the law is intended by this Act.
662-8 SECTION 7. SAVINGS PROVISION. A code provision adopted by
662-9 this Act that conflicts with an applicable provision of Article
662-10 6252-31, Revised Statutes, as added by Section 35, Chapter 641,
662-11 Acts of the 72nd Legislature, Regular Session, 1991, does not
662-12 prevail over that article unless the law from which the code
662-13 provision was derived would prevail over that article.
662-14 SECTION 8. EFFECTIVE DATE. This Act takes effect September
662-15 1, 1993.
662-16 SECTION 9. EMERGENCY. The importance of this legislation
662-17 and the crowded condition of the calendars in both houses create an
662-18 emergency and an imperative public necessity that the
662-19 constitutional rule requiring bills to be read on three several
662-20 days in each house be suspended, and this rule is hereby suspended.