BILL ANALYSIS



H.B. 1089
By: Brimer
2-21-95
Committee Report (Amended)


BACKGROUND

The Texas Workers' Compensation Commission (TWCC) and its six-member commission were created in 1989 by the 71st Legislature. 
TWCC is responsible for ensuring timely, fair, and appropriate
benefits for injured and ill workers; providing an effective forum
for parties to resolve claim disputes without going to court;
helping Texas employers provide safer workplaces; developing
programs to contain or reduce medical and legal costs; regulating
self-insurance for private employers; helping state agencies
establish effective risk management programs; and enforcing
compliance with state workers' compensation laws and agency rules. 
The agency is administered by the executive director and is divided
into eleven divisions:  administration, compliance and practices,
data services, employee/employer services, general counsel,
hearings, medical review, records, risk management, self-insurance
regulation, and workers' health and safety.  To carry out these
programs, the agency had a budget of $42,775,000 and 1,266
employees for fiscal year 1994.

The Texas Workers' Compensation Commission is subject to the Sunset
Act and will be abolished September 1, 1995 unless continued by the
Legislature.  As a result of its review of the agency, the Sunset
Advisory Commission recommended continuation and several statutory
modifications that are contained in this legislation.


PURPOSE

The purpose of this bill is to continue the Texas Workers'
Compensation Commission for a 12-year period, make statutory
modifications recommended by the Sunset Advisory Commission, and
provide for other changes.  The major modifications proposed by
this bill:

     -     increase the authority of the risk management division
           to review and approve agency risk management plans and
           make state agencies directly responsible for managing
           worker injuries by defining each individual agency as
           the employer for workers' compensation purposes;

     -     increase the qualifications of ombudsmen and require
           TWCC to establish training guidelines and continuing
           education requirements for ombudsmen;

     -     require TWCC to develop and provide plain language
           information to injured workers about the workers'
           compensation process both in English and Spanish.

     -     give the executive director the discretion to exclude
           a business from being identified as an extra-hazardous
           employer if the business can show that it was placed in
           the program as a result of a fatal accident not related
           to the work environment;

     -     authorize TWCC to penalize non-covered employers with
           five or more employees who fail to file required reports
           on injuries and illnesses and provide a penalty for
           disclosure of confidential information submitted by non-covered employers;

     -     authorize TWCC to develop the qualifications for field
           safety representatives by rule;

     -     require insurance carriers to electronically file
           employer reports of injury on behalf of their
           policyholders and require employers to provide
           information to injured employees at the time a claim is
           filed;

     -     transfer TWCC's administrative procedure hearings to the
           State Office of Administrative Hearings;

     -     remove the executive director of TWCC as a voting member
           of the Texas Certified Self-Insurer Guaranty Association
           Board of Directors and require continued service on the
           Board as a non-voting member;

     -     allow TWCC to take administrative action against
           insurance companies and health care providers in the
           system for specific violations of the Texas Workers'
           Compensation Act without having to establish a pattern
           of practice;

     -     strengthen oversight and regulation of doctors
           practicing in the workers' compensation system to
           prevent abuses of the process and to ensure objective
           diagnoses;

     -     add provisions removed from the Penal Code relating to
           fraudulently obtaining or denying workers' compensation
           benefits or fraudulently obtaining workers' compensation
           insurance coverage to the Texas Workers' Compensation
           Act;

     -     protect TWCC information related to an ongoing criminal
           or civil investigation from public disclosure;

     -     specify that the eligibility for 401 weeks of benefits
           for occupational illnesses begins when the worker first
           receives income benefits;

     -     provide that executive officers, sole proprietors, and
           partners are covered and defined as employees under the
           Act unless affirmatively excluded from coverage on the
           policy application;

     -     provide the Texas Certified Self-Insurer Guaranty
           Association Board of Directors and employees the same
           protection from liability as members of the Texas
           Workers' Compensation Commission;

     -     provide for other changes.

RULEMAKING AUTHORITY

     It is the opinion of the committee that rulemaking authority
is expressly delegated to the Texas Workers' Compensation
Commission and the chief administrative law judge of the State
Office of Administrative Hearings in Section 1.16 (section
402.073(a) of the Labor Code) and to the Texas Workers'
Compensation Commission in the following sections of the bill: 
Section 1.25, (Section 408.122(b) of the Labor Code); Section 1.27
(Section 409.005(g)(2) of the Labor Code); Section 1.29 (Section
409.042(c) of the Labor Code); Section 1.33 (Section 411.0415(b) of
the Labor Code);  Section 1.36 (Section 411.062(a) of the Labor
Code); and Section 1.48.

SECTION BY SECTION ANALYSIS

        ARTICLE 1.  TEXAS WORKERS' COMPENSATION COMMISSION

     SECTION 1.01.  Amends Section 401.002, Labor Code.  Deletes
references to the Texas Workers' Compensation Research Center and
the legislative oversight committee and updates the agency's sunset
review date to 2007, which provides for the usual 12-year review.

     SECTION 1.02.  Amends Section 402.001(c).  Adds standard
language developed by the Sunset Commission.  Prohibits
appointments to the commission if the person provides services
subject to regulation by the commission or charges fees subject to
regulation by the commission.

     SECTION 1.03.  Amends Subchapter A, Chapter 402, by adding
Section 402.0015.  Adds standard language developed by the Sunset
Commission.  Requires the commission members to be provided with
adequate information and training to perform their duties prior to
assuming their duties.

     SECTION 1.04.  Amends Section 402.003.  Updates standard
language developed by the Sunset Commission.  Prohibits registered
lobbyists from serving as a member of the commission or from being
employed as the commission's or agency's general counsel.

     SECTION 1.05.  Amends Sections 402.005(a) and (c).  Updates
standard language developed by the Sunset Commission.  Defines
grounds for removing a commission member and requires notification
of the commission's presiding officer, the governor and the
attorney general if knowledge that a potential ground for removal
exists.

     SECTION 1.06.  Amends Section 402.008(a).  Adds standard
language developed by the Sunset Commission.  Requires the governor
to designate the chairman of the commission and to alternate the
chairmanship between the members who are employers and members who
are wage earners.

     SECTION 1.07.  Amends Subchapter A, Chapter 402, by adding
Section 402.012.  Adds standard language developed by the Sunset
Commission.  Prohibits commission members and employees compensated
at or above Group 17 in the appropriations act from being an
officer or employee of a related Texas trade association.  Allows
a person to accept an appointment to the commission if the person
resigns from the position with the trade association or terminates
the contract with the trade association.  Defines Texas trade
association and specifically excludes a labor union or an
employee's association group from the definition.

     SECTION 1.08.  Amends Section 402.023.  (a)  Updates standard
language developed by the Sunset Commission.  Requires the agency
to collect and maintain an information file about all written
complaints filed with the agency.

     (b)  Updates standard language developed by the Sunset
Commission.  Requires the agency to maintain files on written
complaints that the agency has the authority to resolve and to
notify the parties regarding the status of the complaint quarterly
until disposition

     SECTION 1.09.  Amends Section 402.024.  Updates standard
language developed by the Sunset Commission.  Requires the agency
to comply with state and federal program and facility accessibility
laws and to develop a plan that describes how non-English speaking
persons can be provided reasonable access to the agency's programs.
     
     SECTION 1.10.  Amends Section 402.041.  (d)  Adds standard
language developed by the Sunset Commission.  Requires the
commission to clearly separate its policymaking responsibilities
from the management responsibilities of the executive director and
staff of the agency.

     SECTION 1.11.  Amends Section 402.044.  (a)  Updates standard
language developed by the Sunset Commission.  Requires the
executive director to develop an intra-agency career ladder program
that addresses mobility and advancement opportunities for employees
within the agency and requires intra-agency postings of job
openings concurrently with any public posting.
     
     (b)  Updates standard language developed by the Sunset
Commission.  Requires the executive director to develop a system of
annual performance evaluations based on documented employee
performance and upon which merit salary increases must be based.

     SECTION 1.12.  Amends Section 402.045.  Updates standard
language developed by the Sunset Commission.  Requires the
executive director to develop an equal employment policy that is
annually updated, reviewed by the Texas Commission on Human Rights,
and filed with the Governor's Office.

     SECTION 1.13.  Amends Section 402.068.  Technical correction. 
Prohibits the commission from delegating rights or duties unless
otherwise authorized by the Texas Workers' Compensation Act.

     SECTION 1.14.  Amends Section 402.069.  Updates standard
language developed by the Sunset Commission.  Requires the
executive director to inform commission members and agency
employees of the qualifications for office or employment and each
person's responsibilities under the law.

     SECTION 1.15.  Amends Section 402.070.  Updates standard
language developed by the Sunset Commission.  Requires the
commission to prepare an annual financial report that meets the
reporting requirements in the appropriations act.

     SECTION 1.16.  Amends Subchapter D, Chapter 402, by adding
Section 402.073.  Transfers administrative procedure hearings to
the State Office of Administrative Hearings and specifically
indicates those cases in which the administrative law judge makes
the final decision and those cases in which the commission makes
the final decision.

     SECTION 1.17.  Amends Section 402.091(d).  Requires cases
related to the disclosure of confidential information to be
prosecuted in the county where the violation occurred.  Deletes the
option to prosecute the case in Travis County.

     SECTION 1.18.  Amends Subchapter E, Chapter 402, by adding
Section 402.092.  Protects the agency's investigative files from
public disclosure in order to improve the agency's ability to
investigate fraud and develop cases.  Defines "investigation file"
for purposes of this section.

     SECTION 1.19.  Amends Subchapter E, Chapter 406, by adding
Section 406.097.  Provides that executive officers, sole
proprietors, and partners are covered and defined as employees
under the Texas Workers' Compensation Act unless affirmatively
excluded from coverage by endorsement or by rejection of coverage
on the policy application.

     SECTION 1.20.  Amends Section 407.046(b) and (c).  Transfers
administrative procedure hearings related to the revocation of a
certificate of authority to self-insure to the State Office of
Administrative Hearings. Makes a conforming change.

     SECTION 1.21.  Amends Section 407.122(b) and (c) and adds
Subsection (d).  
     (b)  Adds a self-insurer as a voting member of the Texas
Certified Self-Insurer Guaranty Association Board of Directors to
replace the Texas Workers' Compensation Commission executive
director.  

     (c)  The Texas Workers' Compensation Commission executive
director is designated as a non-voting member of the Board of
Directors.  

     (d)  Provides the Texas Certified Self-Insurer Guaranty
Association board of directors and the members of its staff
liability protection for acts performed in good faith in the
execution of their powers or duties.

     SECTION 1.22.  Amends Section 407.126.  (a)  Extends the
period of time from five years to ten years for the self-insurers
to build the trust fund to at least $1 million.  

     (b)  Requires the Texas Certified Self-Insurer Guaranty
Association board of directors to adopt a year-by-year schedule to
meet the 10-year funding goal. 

     Reletters subsections.

     SECTION 1.23.  Amends Section 408.023(b).  Requires the agency
to sanction doctors who do not meet norms set by the commission for
medical policies, fee guidelines, and impairment ratings.

     SECTION 1.24.  Amends Section 408.083.  Specifies that the 401
weeks of benefits for occupational illnesses start when benefits
begin to accrue.

     SECTION 1.25.  Amends Section 408.122.  Requires designated
doctors to meet specific qualifications set by the executive
director, including training in determining impairment ratings.

     Reletters subsection.

     SECTION 1.26.  Amends Section 408.125.  (f)  Adds language
prohibiting any party except the injured worker or agency staff
from communicating with the designated doctor before, during, or
after the impairment rating.  Allows insurance carriers and
representatives to contact the designated doctor on business and
technical matters.

     SECTION 1.27.  Amends Section 409.005.   Requires employers to
file a report of injury with the insurance carrier within 8 days of
the injury and insurance carriers to electronically file a report
with the agency within 7 days after receipt of the employer's
injury report to reduce unnecessary bureaucracy in filing injury
reports.  Requires employers to give a copy of the injury report to
the worker at the time of injury.  Requires the worker's copy of
the injury report to contain a plain language summary of the
worker's rights and responsibilities under the statute.  Gives the
executive director authority to waive electronic filing
requirements if a carrier is not equipped and sets up an
alternative procedure within the same time frame.  Grants
rulemaking authority to the commission to adopt rules regarding the
information in the report and the development and implementation of
the electronic filing system.

     SECTION 1.28.  Amends Subchapter A, Chapter 409, by adding
Section 409.013.  Requires the agency to develop plain language
information in English and in Spanish for injured workers about the
workers' compensation process.  Requires the agency to contact
injured workers having missed eight or more days of work and
provide the injured workers with information about the process. 

     SECTION 1.29.  Amends Subchapter C, Chapter 409.  Amends
Sections 409.041-409.044.  Strengthens ombudsmen qualifications and
training by requiring ombudsmen to have three years of experience
in workers' compensation; demonstrate knowledge of the Texas
Workers' Compensation Act, related laws and rules; have experience
in conflict resolution for the general public; and possess strong
interpersonal skills.  Requires the commission to establish
training guidelines and continuing education requirements for
ombudsmen.  Makes conforming changes.

     SECTION 1.30.  Amends Section 411.032.  Authorizes the
commission to impose an administrative fine of up to $500 on non-covered employers with five or more employees who fail to file
required reports on injuries and illnesses.

     SECTION 1.31.  Amends Section 411.034.  Makes non-covered
employers' injury reports confidential.  Provides that disclosure
of this confidential information is a class A misdemeanor. 
Requires cases related to the disclosure of confidential
information to be prosecuted in the county where the violation
occurred.  Also provides that a district court in Travis County has
jurisdiction to enjoin the use or disclosure of this information.

     SECTION 1.32.  Amends Section 411.041(b).  Provides for the
exclusion, described in Section 411.045, of an employer from the
extra-hazardous employer program. 

     SECTION 1.33.  Amends Subchapter D, Chapter 411, by adding
Section 411.0415.  Authorizes the executive director to exclude a
business from being identified as extra hazardous if it can show it
qualified as a result of a fatal accident that occurred because of
factors beyond the employers' control or occurred outside the
course and scope of employment.  Grants rulemaking authority to the
commission to adopt rules to analyze and list these fatalities. 
Authorizes the agency to request a hearing to dispute the
employer's exclusion from the program and requires the agency to
prove that the employer or the work environment was the proximate
cause of the fatality in order to place the business in the extra
hazardous employers program.  

     SECTION 1.34.  Amends Section 411.045(a).  Establishes an
accident prevention plan implementation inspection window of six to
nine months.  

     SECTION 1.35.  Amends Section 411.049 (b).  Transfers
administrative procedure law hearings that an employer may request
to contest findings made by the commission related to the extra
hazardous employers program to the State Office of Administrative
Hearings.  Makes conforming changes.

     SECTION 1.36.  Amends Section 411.062.  Authorizes the agency
to develop the qualifications for field safety representatives by
rule and requires field safety representatives to meet
qualifications established by the commission.   Deletes existing
qualifications set in statute.

     SECTION 1.37.  Adds Section 412.0025.  Requires state agencies
that are subject to the risk management program to actively manage
risks by developing, implementing, and maintaining health and
safety programs and return-to-work programs.

     SECTION 1.38.  Amends Section 412.003(a).  Requires the risk
management division to review, verify, monitor, and approve risk
management programs adopted by state agencies.

     SECTION 1.39.  Amends Section 412.007(b).  Requires the risk
management division to identify state agencies that do not comply
with the risk management guidelines.

     SECTION 1.40.  Amends Section 413.002.  Adds language
requiring the medical review division to monitor and evaluate the
performance of doctors in the system with rules adopted by the
commission relating to medical policies, fee guidelines, and
impairment ratings.

     SECTION 1.41.  Amends Section 413.031(d).  Transfers
administrative procedure law hearings related to medical disputes
to the State Office of Administrative Hearings.  Makes a conforming
change. 

     SECTION 1.42.  Amends Subchapter D, Chapter 413, by adding
Section 413.044.  Requires the agency to sanction designated
doctors after an evaluation determines the designated doctors in
the system do not comply with the statute or rules of the
commission related to medical policies, fee guidelines, and
impairment ratings.

     SECTION 1.43.  Amends Subchapter A, Chapter 415, by amending
Sections 415.002 and 415.003, and adding Section 415.0035.  

     415.002.  Deletes language referring to specific
administrative violations by an insurance carrier, including an
insurance carrier's failure to submit to the commission a
settlement or agreement of the parties and failure to timely notify
the commission of the termination or reduction of benefits.  

     Renumbers subdivisions.

     415.003.  Deletes language referring to specific
administrative violations by a health care provider, including the
health care provider's failure or refusal to timely file required
reports or records and failure to disclose an interest as required
by Section 413.041, the statutory disclosure requirement for health
care providers.  

     Renumbers subdivisions.

     415.0035.  Adds language for additional violations by
insurance carriers or health care providers.  (a)  Adds language
specifying that an insurance carrier or its representative commits
an administrative violation if that person fails to submit to the
commission a settlement or agreement of the parties; fails to
timely notify the commission of the termination or reduction of
benefits and the reason for that action; or denies preauthorization
in a manner that is not in accordance with rules adopted by the
commission under Section 413.014, the statutory rulemaking
authority for the commission to specify which health care
treatments and services require preauthorization.

     (b)  Adds language specifying that a health care provider
commits an administrative violation if the person fails or refuses
to timely file required reports or records; or fails to file with
the commission the annual disclosure statement required by Section
413.041, the statutory disclosure requirement for health care
providers.

     (c)  Adds language specifying that a violation under
Subsection (a) is a Class C administrative violation.

     (d)  Adds language specifying that a violation under
Subsection (b) is a Class D administrative violation.

     SECTION 1.44.  Amends Section 415.034(a).  Transfers
administrative procedure hearings from the Texas Workers'
Compensation Commission to the State Office of Administrative
Hearings.  Makes a conforming change.

     SECTION 1.45.  Amends Subtitle A, Title 5, by adding Chapter
418.  Creates specific criminal penalties for fraudulently
obtaining or denying benefits or fraudulently obtaining workers'
compensation coverage and authorizes restitution.    

     SECTION 1.46.  (a)  Specifies that the qualifications and
grounds for removal of commission members apply on or after
September 1, 1995.   

     (b)  Specifies that the training program for commissioners be
established no later than January 1, 1996 and that persons
appointed to the commission after January 1, 1996 must comply with
training requirements.

     SECTION 1.47.  Specifies that the method of selecting the
chairman of the commission applies only to a member designated as
the chairman after September 1, 1995.  Does not affect the
entitlement of a member elected to serve as the chairman before
September 1, 1995 to continue to serve for the term appointed.

     SECTION 1.48.  Requires the commission to adopt rules
necessary to implement changes in this Act not later than March 1,
1996.

     SECTION 1.49.  Specifies that the inclusion of sole
proprietors, partners, or corporate executives as employees of
businesses with workers' compensation coverage unless the sole
proprietors, partners, or corporate executives are specifically
excluded from coverage applies to an insurance policy or
certificate of authority to self-insure that is delivered, issued
for delivery, or renewed on or after January 1, 1996.  

     SECTION 1.50.  Specifies that the change in law related to
occupational disease applies only to an occupational disease with
a date of injury on or after September 1, 1995.

     SECTION 1.51.  Specifies that changes in the law related to
electronic filing and reports of injury apply to an injury report
regarding a compensable injury that occurs on or after September 1,
1995.

     SECTION 1.52.  Specifies that qualifications of ombudsmen only
apply to people designated as ombudsmen on or after September 1,
1995.  Requires all ombudsmen to meet continuing education
requirements adopted by the commission.

     SECTION 1.53.  Specifies that information maintained in the
agency's investigative files is protected from public disclosure
without regard to when the information was collected.

     SECTION 1.54.  Specifies that changes made to the
qualifications of field safety representatives in this Act apply
only to a person employed on or after September 1, 1995.  The
change does not affect the entitlement of a person employed before
September 1, 1995 to continue to serve if the person continues to
meet qualifications in place when employed and meet the
requirements adopted by the commission.

     SECTION 1.55.  Specifies that state agencies that are subject
to the risk management program develop required programs not later
than January 1, 1996.

     SECTION 1.56.  Specifies that the transfer of hearings to the
State Office of Administrative Hearings takes effect January 1,
1996.  Hearings held before or pending on December 31, 1995 are
governed by the law in effect before September 1, 1995.

     SECTION 1.57.  Specifies the effective dates for penalties and
sanctions.


      ARTICLE 2.  WORKERS' COMPENSATION INSURANCE COVERAGE 
                FOR CERTAIN GOVERNMENTAL EMPLOYEES

     SECTION 2.01.  Amends Sections 501.002(b) and (c).  Defines
individual agencies as employers for purposes of workers'
compensation insurance.

     SECTION 2.02.  Amends Section 501.022.  Adds language defining
the board of regents of Texas Tech University as the employer for
purposes of workers' compensation insurance.

     SECTION 2.03.  Amends Section 501.042.  Deletes language
defining the director of the division of workers' compensation
insurance at the attorney general's office as the employer for
purposes of workers' compensation insurance.

     SECTION 2.04.  Amends Section 501.043(a).  Technical
correction.  Deletes the requirement that the workers' compensation
division of the attorney general's office be the agency to develop
rules to address accident and injury prevention.  This clarifies
that the risk management division will be responsible for
developing rules to help state agencies prevent accidents and
injuries.

     SECTION 2.05.  Specifies that defining individual state
agencies as employers, defining the division director as the
insurer, and deleting the requirement that the workers'
compensation division of the attorney general's office be the
division to develop rules to address accident and injury prevention
be effective on or after September 1, 1995.


                ARTICLE 3.  CONFORMING AMENDMENTS

     SECTION 3.01.  Amends Section 2003.001(3), Government Code. 
Adds the Texas Workers' Compensation Commission to the definition
of state agency since the Texas Workers' Compensation Commission is
not subject to the Administrative Procedure Act.

     SECTION 3.02.  Amends Section 2003.021.  Specifies that the
State Office of Administrative Hearings shall conduct
administrative procedure hearings for the Texas Workers'
Compensation Commission.  Technical change for transferring
administrative procedure hearings for the Texas Workers'
Compensation Commission to the State Office of Administrative
Hearings. 


               ARTICLE 4.  MISCELLANEOUS PROVISIONS

     SECTION 4.01.  Specifies that changes in the law apply only to
a hearing that begins on or after January 1, 1996.  A hearing held
before or pending on January 1, 1996 is governed by the law in
effect immediately before September 1, 1995.

     SECTION 4.02.  Specifies the effective date of the Act as
September 1, 1995.

     SECTION 4.03.  Emergency clause.


Explanation of Amendments

COMMITTEE AMENDMENT # 1 amends new Section 406.097, Labor Code by
adding new subsections (b) and (c).  This amendment provides that
the dual capacity doctrine will not apply to corporate officers
with a specific level of ownership in the corporation.  Any other
executive officers, with less ownership or no ownership, may still
take advantage of the executive officer exclusion, but the carrier
will have to determine on a case-by-case basis whether the dual
capacity doctrine may attach to a particular officer and whether
the designation as an officer is merely an attempt to avoid
premium.  In larger corporations where the executive officer does
not have an ownership interest, it is unlikely the dual capacity
doctrine would ever attach because the officer's duties will
generally be limited to executive duties as opposed to employee
duties.

The amendment also ensures that sole proprietors, partners, and
executive officers with at least 25 percent ownership will be able
to exercise the right to exclude themselves from the policy while
working on public works contracts.

COMMITTEE AMENDMENT # 2 amends Section 501.002 and Section 501.022,
Labor Code.  This amendment would define Texas Tech University and
Texas Tech Health Science Center as state agencies and make them
the employer for purposes of workers' compensation insurance,
rather than naming the board of regents of Texas Tech as the
employer.  This amendment also makes the section consistent with
new Section 501.002, which defines individual state agencies as the
employers for purposes of workers' compensation insurance.

COMMITTEE AMENDMENT #3 adds a new SECTION 1.13 to the bill and
amends Subchapter D, Chapter 402, Labor Code by adding Section
402.0665.  This amendment clarifies legislative authority for
oversight of the Texas Workers' Compensation Commission and the
workers' compensation system and renumbers the subsequent sections
of Article 1 of the bill.

COMMITTEE AMENDMENT #4 amends Section 409.005, Labor Code.  This
amendment is a technical correction and reinstates language from
the statute relating to the injury report that was inadvertently
deleted during the drafting process.  This language specifies that
a report made under Section 409.005 may not be considered to be an
admission by or evidence against an employer before the commission
or a court in which the facts set out in the report are
contradicted.  This amendment reletters the subsequent subsections
of this section.

SUMMARY OF COMMITTEE ACTION

House Bill 1089 was considered in a public hearing on February 21,
1995.  Testifying on the bill were Todd Brown, representing Texas
Workers Compensation Commission, David Holland, representing Sunset
Commission, Steve Hopson, representing Sunset Advisory Commission,
Ken Levine, representing Sunset Advisory Commission.  Testifying
for the bill were George B. Allen, representing Texas Apartment
Association, Pam Beachley, representing Business Insurance
Consumers Association, George Christian, representing Jobs for
Texas, George S. Christian, representing Texas Association of
Defense Counsel, Frank S. Denton, representing Texas Self Insurance
Association, Joe Hanson, representing Texas Association of Business
and Chambers of Commerce, Ted Roberts, representing Texas
Association of Business and Chambers of Commerce, Ms. Dillon
Snowden, representing Texas Association Rehabilitation
Professionals in the Private Sector, and Don Summers, representing
National Federation of Independent Business.  Testifying against
the bill was Joseph Hamilton, representing himself.  The Business
and Industry Committee considered six (6) amendments to the bill. 
Four (4) of those amendments were adopted without objection.  One
(1) was withdrawn, and one (1) failed with a record vote of 6 ayes,
3 nays, 0 present-not-voting, and 0 absent.  A motion to report
H.B. 1089, as amended, to the full house with the recommendation
that it do pass and be printed carried with a record vote of 8
ayes, 0 nays, 0 present-not-voting, and 1 absent.  The vote by
which H.B. 1089, as amended, was reportedly favorably was
reconsidered without objection.  A motion to report H.B. 1089, as
amended, to the full House with the recommendation that it do pass
and be printed carried with a record vote of 9 ayes, 0 nays, 0
present-not-voting, and 0 absent.