By Brimer, Counts, Junell, et al. H.B. No. 1089
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Workers'
1-3 Compensation Commission; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. TEXAS WORKERS' COMPENSATION COMMISSION
1-6 SECTION 1.01. Section 401.002, Labor Code, is amended to
1-7 read as follows:
1-8 Sec. 401.002. APPLICATION OF SUNSET ACT. The Texas Workers'
1-9 Compensation Commission is <and the Texas Workers' Compensation
1-10 Research Center are> subject to Chapter 325, Government Code (Texas
1-11 Sunset Act). Unless continued in existence as provided by that
1-12 chapter, the commission is abolished September 1, 2007 <1995, and
1-13 the research center and the legislative oversight committee are
1-14 abolished September 1, 1995>.
1-15 SECTION 1.02. Section 402.001(c), Labor Code, is amended to
1-16 read as follows:
1-17 (c) Three members of the commission must be employers of
1-18 labor and three members of the commission must be wage earners. A
1-19 person is not eligible for appointment as a member of the
1-20 commission if the person provides services subject to regulation by
1-21 the commission or charges fees that are subject to regulation by
1-22 the commission.
1-23 SECTION 1.03. Subchapter A, Chapter 402, Labor Code, is
1-24 amended by adding Section 402.0015 to read as follows:
2-1 Sec. 402.0015. TRAINING PROGRAM FOR COMMISSION MEMBERS. (a)
2-2 Before a member of the commission may assume the member's duties,
2-3 the member must complete the training program established under
2-4 this section.
2-5 (b) A training program established under this section must
2-6 provide information to the member regarding:
2-7 (1) the enabling legislation that created the
2-8 commission;
2-9 (2) the programs operated by the commission;
2-10 (3) the role and functions of the commission;
2-11 (4) the rules of the commission, with an emphasis on
2-12 the rules that relate to disciplinary and investigatory authority;
2-13 (5) the current budget for the commission;
2-14 (6) the results of the most recent formal audit of the
2-15 commission;
2-16 (7) the requirements of:
2-17 (A) the open meetings law, Chapter 551,
2-18 Government Code;
2-19 (B) the open records law, Chapter 552,
2-20 Government Code; and
2-21 (C) the administrative procedure law, Chapter
2-22 2001, Government Code;
2-23 (8) the requirements of the conflict of interest laws
2-24 and other laws relating to public officials; and
2-25 (9) any applicable ethics policies adopted by the
2-26 commission or the Texas Ethics Commission.
2-27 SECTION 1.04. Section 402.003, Labor Code, is amended to
3-1 read as follows:
3-2 Sec. 402.003. EFFECT OF LOBBYING ACTIVITY. A person may not
3-3 serve as a member of the commission or act as the general counsel
3-4 to the commission if the person is required to register as a
3-5 lobbyist under Chapter 305, Government Code, because of the
3-6 person's activities for compensation on behalf of a profession that
3-7 is regulated by or that has fees regulated by the commission <A
3-8 member of the commission may not be a lobbyist required to be
3-9 registered under Chapter 305, Government Code, if the primary
3-10 purpose of the person's employment is to influence the passage of
3-11 legislation>.
3-12 SECTION 1.05. Sections 402.005(a) and (c), Labor Code, are
3-13 amended to read as follows:
3-14 (a) It is a ground for removal from the commission if <that>
3-15 a member:
3-16 (1) does not have at the time of appointment the
3-17 qualifications required for appointment to the commission;
3-18 (2) does not maintain during service on the commission
3-19 the qualifications required for appointment to the commission;
3-20 (3) violates a prohibition established by Section
3-21 402.003 or 402.012;
3-22 (4) cannot <discharge> because of illness or
3-23 incapacity discharge the member's duties for a substantial part of
3-24 the term for which the member is appointed; or
3-25 (5) <(4)> is absent from more than half of the
3-26 regularly scheduled commission meetings that the member is eligible
3-27 to attend during a calendar year <unless the absence is excused by
4-1 a majority vote of the commission>.
4-2 (c) If the executive director of the commission knows that a
4-3 potential ground for removal exists, the executive director shall
4-4 notify the chairman of the commission of the potential ground. The
4-5 chairman shall then notify the governor and the attorney general
4-6 that a potential ground for removal exists. If the potential
4-7 ground for removal involves the chairman, the executive director
4-8 shall notify the next highest officer of the commission, who shall
4-9 notify the governor and the attorney general that a potential
4-10 ground for removal exists.
4-11 SECTION 1.06. Section 402.008(a), Labor Code, is amended to
4-12 read as follows:
4-13 (a) The governor shall designate a member of the commission
4-14 as the chairman of the commission <The commission shall elect one
4-15 of its members> to serve in that capacity <as chairman> for a
4-16 two-year term expiring February 1 of each odd-numbered year. The
4-17 governor shall alternate the chairmanship between the members who
4-18 are employers and the members who are wage earners.
4-19 SECTION 1.07. Subchapter A, Chapter 402, Labor Code, is
4-20 amended by adding Section 402.012 to read as follows:
4-21 Sec. 402.012. CONFLICT OF INTEREST. (a) An officer,
4-22 employee, or paid consultant of a Texas trade association whose
4-23 members provide services subject to regulation by the commission or
4-24 provide services whose fees are subject to regulation by the
4-25 commission may not be a member of the commission or an employee of
4-26 the commission who is exempt from the state's position
4-27 classification plan or is compensated at or above the amount
5-1 prescribed by the General Appropriations Act for step 1, salary
5-2 group 17, of the position classification salary schedule.
5-3 (b) On acceptance of appointment to the commission, an
5-4 appointee who is an officer, employee, or paid consultant of a
5-5 Texas trade association described by Subsection (a) must resign the
5-6 position or terminate the contract with the trade association.
5-7 (c) For the purposes of this section, "Texas trade
5-8 association" means a nonprofit, cooperative, and voluntarily joined
5-9 association of business or professional competitors in this state
5-10 designed to assist its members and its industry or profession in
5-11 dealing with mutual business or professional problems and in
5-12 promoting their common interest. The term does not include a labor
5-13 union or an employees' association.
5-14 SECTION 1.08. Section 402.023, Labor Code, is amended to
5-15 read as follows:
5-16 Sec. 402.023. COMPLAINT INFORMATION. (a) The executive
5-17 director shall keep an information file about each written
5-18 complaint filed with the commission that is unrelated to a specific
5-19 workers' compensation claim. The information must include:
5-20 (1) the date the complaint is received;
5-21 (2) the name of the complainant;
5-22 (3) the subject matter of the complaint;
5-23 (4) a record of all persons contacted in relation to
5-24 the complaint;
5-25 (5) a summary of the results of the review or
5-26 investigation of the complaint; and
5-27 (6) for complaints for which the commission took no
6-1 action, an explanation of the reason the complaint was closed
6-2 without action.
6-3 (b) For each written <The commission shall notify the
6-4 parties to a> complaint that is unrelated to a specific workers'
6-5 compensation claim that the commission has authority to resolve,
6-6 the executive director shall provide to the person filing the
6-7 complaint and the person about whom the complaint is made
6-8 information about the commission's policies and procedures relating
6-9 to complaint investigation and resolution. The commission, <of the
6-10 status of the complaint> at least quarterly and until final
6-11 disposition of the complaint, shall notify those persons about the
6-12 status of the complaint unless the notice would jeopardize an
6-13 undercover investigation.
6-14 SECTION 1.09. Section 402.024, Labor Code, is amended to
6-15 read as follows:
6-16 Sec. 402.024. PUBLIC PARTICIPATION. (a) The commission
6-17 shall develop and implement policies that provide the public with a
6-18 reasonable opportunity to appear before the commission and to speak
6-19 on issues under the general jurisdiction of the commission.
6-20 (b) The commission shall comply with federal and state laws
6-21 related to program and facility accessibility.
6-22 (c) In addition to compliance with Subsection (a), the
6-23 <The> executive director shall prepare and maintain a written plan
6-24 that describes how a person who does not speak English <or who has
6-25 a physical, mental, or developmental disability> may be provided
6-26 reasonable access to the commission's programs and services
6-27 <workers' compensation proceedings>.
7-1 <(c) Section 401.011(16) does not apply to the use of
7-2 "disability" in Subsection (b).>
7-3 SECTION 1.10. Section 402.041, Labor Code, is amended by
7-4 adding Subsection (d) to read as follows:
7-5 (d) The commission shall develop and implement policies that
7-6 clearly separate the policymaking responsibilities of the
7-7 commission and the management responsibilities of the executive
7-8 director and the staff of the commission.
7-9 SECTION 1.11. Section 402.044, Labor Code, is amended to
7-10 read as follows:
7-11 Sec. 402.044. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.
7-12 (a) The executive director shall develop an intra-agency career
7-13 ladder program that addresses opportunities for mobility and
7-14 advancement for employees within the commission. The program shall
7-15 require intra-agency postings of all <nonentry level> positions
7-16 concurrently with any public posting.
7-17 (b) The executive director shall develop a system of annual
7-18 performance evaluations that are based on documented employee
7-19 performance. All merit pay for commission employees must be based
7-20 on the system established under this subsection.
7-21 SECTION 1.12. Section 402.045, Labor Code, is amended to
7-22 read as follows:
7-23 Sec. 402.045. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
7-24 (a) The executive director shall prepare and maintain a written
7-25 policy statement <approved by the commission> to ensure
7-26 implementation of a program of equal employment opportunity under
7-27 which all personnel transactions are made without regard to race,
8-1 color, disability, sex, religion, age, or national origin. The
8-2 policy statement must include:
8-3 (1) personnel policies, including policies related to
8-4 recruitment, evaluation, selection, appointment, training, and
8-5 promotion of personnel that are in compliance with the requirements
8-6 of Chapter 21;
8-7 (2) a comprehensive analysis of the commission work
8-8 force that meets federal and state guidelines <of the commission's
8-9 work force>;
8-10 (3) procedures by which a determination can be made of
8-11 significant underuse in the commission <commission's> work force of
8-12 all persons for whom federal or state guidelines encourage a more
8-13 equitable balance; and
8-14 (4) reasonable methods to appropriately address those
8-15 areas of <significant> underuse <appropriately>.
8-16 (b) A policy statement prepared under this section must:
8-17 (1) cover an annual period;
8-18 (2) be updated <at least> annually; <and>
8-19 (3) be reviewed by the Commission on Human Rights for
8-20 compliance with Subsection (a)(1); and
8-21 (4) be filed with the governor's office.
8-22 (c) The governor's office shall deliver a biennial report to
8-23 the legislature based on the information received under Subsection
8-24 (b) <this section>. The report may be made separately or as part
8-25 of other biennial reports made to the legislature.
8-26 SECTION 1.13. Subchapter D, Chapter 402, Labor Code, is
8-27 amended by adding Section 402.0665 to read as follows:
9-1 Sec. 402.0665. LEGISLATIVE OVERSIGHT. The legislature may
9-2 adopt requirements relating to legislative oversight of the
9-3 commission and the workers' compensation system of this state. The
9-4 commission shall comply with any requirements adopted by the
9-5 legislature under this section.
9-6 SECTION 1.14. Section 402.068, Labor Code, is amended to
9-7 read as follows:
9-8 Sec. 402.068. DELEGATION OF RIGHTS AND DUTIES <PROHIBITED>.
9-9 Except as expressly provided by this subchapter <Section 402.065>,
9-10 the commission may not delegate rights and duties imposed on it by
9-11 this subchapter.
9-12 SECTION 1.15. Section 402.069, Labor Code, is amended to
9-13 read as follows:
9-14 Sec. 402.069. QUALIFICATIONS AND STANDARDS OF CONDUCT
9-15 INFORMATION. The executive director <commission> shall provide to
9-16 <its> members of the commission and commission employees, as often
9-17 as necessary, information regarding their:
9-18 (1) qualifications for office or employment under this
9-19 subtitle; and
9-20 (2) responsibilities under applicable law relating to
9-21 standards of conduct for state officers or employees.
9-22 SECTION 1.16. Section 402.070, Labor Code, is amended to
9-23 read as follows:
9-24 Sec. 402.070. ANNUAL REPORT. (a) The commission shall
9-25 prepare <file> annually <with the governor and the presiding
9-26 officer of each house of the legislature> a complete and detailed
9-27 written report accounting for all funds received and disbursed by
10-1 the commission during the preceding fiscal year.
10-2 (b) The report required under this section must meet the
10-3 reporting requirements applicable to financial reporting that are
10-4 <be in the form and reported in the time> provided by the General
10-5 Appropriations Act.
10-6 SECTION 1.17. Subchapter D, Chapter 402, Labor Code, is
10-7 amended by adding Section 402.073 to read as follows:
10-8 Sec. 402.073. COOPERATION WITH STATE OFFICE OF
10-9 ADMINISTRATIVE HEARINGS. (a) The commission and the chief
10-10 administrative law judge of the State Office of Administrative
10-11 Hearings by rule shall adopt a memorandum of understanding
10-12 governing administrative procedure law hearings under this subtitle
10-13 conducted by the State Office of Administrative Hearings in the
10-14 manner provided for a contested case hearing under Chapter 2001,
10-15 Government Code (the administrative procedure law).
10-16 (b) In a case in which a hearing is conducted by the State
10-17 Office of Administrative Hearings under Section 411.049, 413.031,
10-18 or 415.034, the administrative law judge who conducts the hearing
10-19 for the State Office of Administrative Hearings shall enter the
10-20 final decision in the case after completion of the hearing.
10-21 (c) In a case in which a hearing is conducted in conjunction
10-22 with Section 402.072, 407.046, or 408.023, and in other cases under
10-23 this subtitle that are not subject to Subsection (b), the
10-24 administrative law judge who conducts the hearing for the State
10-25 Office of Administrative Hearings shall propose a decision to the
10-26 commission for final consideration and decision by the commission.
10-27 SECTION 1.18. Section 402.091(d), Labor Code, is amended to
11-1 read as follows:
11-2 (d) An offense under this section may be prosecuted in a
11-3 court in<:>
11-4 <(1) Travis County; or>
11-5 <(2)> the county where the information was unlawfully
11-6 received, published, disclosed, or distributed.
11-7 SECTION 1.19. Subchapter E, Chapter 402, Labor Code, is
11-8 amended by adding Section 402.092 to read as follows:
11-9 Sec. 402.092. INVESTIGATION FILES CONFIDENTIAL. (a)
11-10 Information maintained in the investigation files of the commission
11-11 is confidential and may not be disclosed except:
11-12 (1) in a criminal proceeding;
11-13 (2) in a hearing conducted by the commission;
11-14 (3) on a judicial determination of good cause; or
11-15 (4) to a governmental agency, political subdivision,
11-16 or regulatory body if the disclosure is necessary or proper for the
11-17 enforcement of the laws of this or another state or of the United
11-18 States.
11-19 (b) Commission investigation files are not open records for
11-20 purposes of Chapter 552, Government Code.
11-21 (c) Information in an investigation file that is information
11-22 in or derived from a claim file, or an employer injury report or
11-23 occupational disease report, is governed by the confidentiality
11-24 provisions relating to that information.
11-25 (d) For purposes of this section, "investigation file" means
11-26 any information compiled or maintained by the commission with
11-27 respect to a commission investigation authorized by law.
12-1 SECTION 1.20. Subchapter E, Chapter 406, Labor Code, is
12-2 amended by adding Section 406.097 to read as follows:
12-3 Sec. 406.097. EXECUTIVE EMPLOYEES OF CERTAIN BUSINESS
12-4 ENTITIES. (a) A sole proprietor, partner, or corporate executive
12-5 officer of a business entity that elects to provide workers'
12-6 compensation insurance coverage is entitled to benefits under that
12-7 coverage as an employee unless the sole proprietor, partner, or
12-8 corporate executive officer is specifically excluded from coverage
12-9 through an endorsement to the insurance policy or certificate of
12-10 authority to self-insure.
12-11 (b) The dual capacity doctrine does not apply to a corporate
12-12 executive officer with an equity ownership in the covered business
12-13 entity of at least 25 percent and will not invalidate the exclusion
12-14 of such a corporate executive officer from coverage under
12-15 Subsection (a).
12-16 (c) A sole proprietor or partner of a covered business
12-17 entity or a corporate officer with an equity ownership in a covered
12-18 business entity of at least 25 percent may be excluded from
12-19 coverage under this section notwithstanding Section 406.096.
12-20 SECTION 1.21. Sections 407.046(b) and (c), Labor Code, are
12-21 amended to read as follows:
12-22 (b) If the commission believes that a ground exists to
12-23 revoke a certificate of authority to self-insure, the commission
12-24 shall refer the matter to the State Office of Administrative
12-25 Hearings. That office shall hold a hearing to determine if the
12-26 certificate should be revoked. The hearing shall be conducted in
12-27 the manner provided for a contested case hearing under Chapter
13-1 2001, Government Code (the administrative procedure law
13-2 <Administrative Procedure and Texas Register Act (Article 6252-13a,
13-3 Vernon's Texas Civil Statutes>).
13-4 (c) The State Office of Administrative Hearings <commission>
13-5 shall notify the certified self-insurer of the hearing and the
13-6 grounds not later than the 30th day before the scheduled hearing
13-7 date.
13-8 SECTION 1.22. Section 407.103(b), Labor Code, is amended to
13-9 read as follows:
13-10 (b) To determine the tax base of a certified self-insurer
13-11 for purposes of this chapter, the director shall multiply the
13-12 amount of the certified self-insurer's liabilities for workers'
13-13 compensation claims incurred in the previous year, including claims
13-14 incurred but not reported, plus the amount of expense incurred by
13-15 the certified self-insurer, including legal costs, by 1.02 <each
13-16 certified self-insurer shall report its payroll by individual
13-17 workers' compensation risk code classifications in its application
13-18 for certification and in its annual reports to the commission. The
13-19 commission shall compute the estimated manual premium for the
13-20 certified self-insurer using the workers' compensation insurance
13-21 rates established by the State Board of Insurance. The commission
13-22 shall compute the certified self-insurer's tax base by multiplying
13-23 the estimated manual premium by 0.75>.
13-24 SECTION 1.23. Section 407.122, Labor Code, is amended by
13-25 amending Subsections (b) and (c) and by adding Subsection (d) to
13-26 read as follows:
13-27 (b) The board of directors is composed of the following
14-1 voting members:
14-2 (1) three <two> certified self-insurers;
14-3 (2) one commission member representing wage earners;
14-4 (3) one commission member representing employers; and
14-5 (4) <the executive director of the commission; and>
14-6 <(5)> the public counsel of the office of public
14-7 insurance counsel.
14-8 (c) The executive director of the commission and the
14-9 director of the division of self-insurance regulation serve
14-10 <serves> as <a> nonvoting members <member> of the board of
14-11 directors.
14-12 (d) A member of the board of directors or a member of the
14-13 staff of the board of directors is not liable in a civil action for
14-14 an act performed in good faith in the execution of that person's
14-15 powers or duties.
14-16 SECTION 1.24. Section 407.126, Labor Code, is amended to
14-17 read as follows:
14-18 Sec. 407.126. Trust Fund; Fee; SCHEDULE. (a) Each member
14-19 of the association shall be assessed a fee, based on total amount
14-20 of income benefits payments made in this state for the preceding
14-21 reported calendar year, to create, over a period of 10 <five> years
14-22 beginning January 1, 1993, a Texas certified self-insurer guaranty
14-23 trust fund of at least $1 million for the emergency payment of the
14-24 compensation liabilities of an impaired employer. The fund may not
14-25 exceed $2 million.
14-26 (b) The board of directors shall adopt a year-by-year
14-27 schedule of assessments to meet the 10-year funding goal of the
15-1 trust fund.
15-2 (c) The assessment for the first year after an employer is
15-3 issued a certificate of authority to self-insure shall be based on
15-4 the income benefit payments paid by the employer's insurance
15-5 carrier on the employer's policy in the year before the certificate
15-6 was issued.
15-7 (d) <(c)> The board of directors shall administer the trust
15-8 fund in accordance with rules adopted by the commission.
15-9 SECTION 1.25. Section 408.023(b), Labor Code, is amended to
15-10 read as follows:
15-11 (b) The commission shall establish criteria for deleting a
15-12 doctor from the list of approved doctors. The criteria may include
15-13 anything the commission considers relevant, including:
15-14 (1) sanctions of the doctor by the commission for
15-15 violations of Chapter 413 or Chapter 415;
15-16 (2) sanctions by the Medicare or Medicaid program for:
15-17 (A) substandard medical care;
15-18 (B) overcharging; or
15-19 (C) overutilization of medical services;
15-20 (3) evidence from the commission's medical records
15-21 that the doctor's charges, fees, diagnoses, or treatments are
15-22 substantially different from those the commission finds to be fair
15-23 and reasonable; and
15-24 (4) suspension of the doctor's license by the
15-25 appropriate licensing authority.
15-26 SECTION 1.26. Section 408.083, Labor Code, is amended to
15-27 read as follows:
16-1 Sec. 408.083. Termination of Right to Temporary Income,
16-2 Impairment Income, and Supplemental Income Benefits. (a) Except
16-3 as provided by Subsection (b), an <An> employee's eligibility for
16-4 temporary income benefits, impairment income benefits, and
16-5 supplemental income benefits terminates on the expiration of 401
16-6 weeks after the date of injury.
16-7 (b) If an employee incurs an occupational disease, the
16-8 employee's eligibility for temporary income benefits, impairment
16-9 income benefits, and supplemental income benefits terminates on the
16-10 expiration of 401 weeks after the date on which benefits began to
16-11 accrue.
16-12 SECTION 1.27. Section 408.122, Labor Code, is amended to
16-13 read as follows:
16-14 Sec. 408.122. Eligibility for Impairment Income Benefits;
16-15 DESIGNATED DOCTOR. (a) A claimant may not recover impairment
16-16 income benefits unless evidence of impairment based on an objective
16-17 clinical or laboratory finding exists. If the finding of
16-18 impairment is made by a doctor chosen by the claimant and the
16-19 finding is contested, a designated doctor or a doctor selected by
16-20 the insurance carrier must be able to confirm the objective
16-21 clinical or laboratory finding on which the finding of impairment
16-22 is based.
16-23 (b) To be eligible to serve as a designated doctor, a doctor
16-24 must meet specific qualifications, including training in the
16-25 determination of impairment ratings. The executive director shall
16-26 develop qualification standards and administrative policies to
16-27 implement this subsection, and the commission may adopt rules as
17-1 necessary.
17-2 (c) If a dispute exists as to whether the employee has
17-3 reached maximum medical improvement, the commission shall direct
17-4 the employee to be examined by a designated doctor chosen by mutual
17-5 agreement of the parties. If the parties are unable to agree on a
17-6 designated doctor, the commission shall direct the employee to be
17-7 examined by a designated doctor chosen by the commission. The
17-8 designated doctor shall report to the commission. The report of
17-9 the designated doctor has presumptive weight, and the commission
17-10 shall base its determination of whether the employee has reached
17-11 maximum medical improvement on the report unless the great weight
17-12 of the other medical evidence is to the contrary.
17-13 SECTION 1.28. Section 408.125, Labor Code, is amended by
17-14 adding Subsection (f) to read as follows:
17-15 (f) To avoid undue influence on a person selected as a
17-16 designated doctor under this section, only the injured employee or
17-17 an appropriate member of the staff of the commission may
17-18 communicate with the designated doctor about the case regarding the
17-19 injured employee's medical condition or history before the
17-20 examination of the injured employee by the designated doctor.
17-21 After that examination is completed, communication with the
17-22 designated doctor regarding the injured employee's medical
17-23 condition or history may be made only through appropriate
17-24 commission staff members. The designated doctor may initiate
17-25 communication with any doctor who has previously treated or
17-26 examined the injured employee for the work-related injury.
17-27 SECTION 1.29. Section 409.005, Labor Code, is amended to
18-1 read as follows:
18-2 Sec. 409.005. <Employer> Report of Injury; Administrative
18-3 Violation. (a) An employer shall <file a written> report to
18-4 <with> the <commission and the> employer's insurance carrier if:
18-5 (1) an injury results in the absence of an employee of
18-6 that employer from work for more than one day; or
18-7 (2) an employee of the employer notifies that employer
18-8 of an occupational disease under Section 409.001.
18-9 (b) The report under Subsection (a) must be made <mailed or
18-10 delivered to the commission and the insurance carrier> not later
18-11 than the eighth day after:
18-12 (1) the employee's absence from work for more than one
18-13 day due to an injury; or
18-14 (2) the day on which the employer receives notice
18-15 under Section 409.001 that the employee has contracted an
18-16 occupational disease.
18-17 (c) The <A report required under this section may not be
18-18 considered to be an admission by or evidence against an> employer
18-19 shall deliver a written copy of the report under Subsection (a) to
18-20 the injured employee at the time that the report is made to the <or
18-21 an> insurance carrier <in a proceeding before the commission or a
18-22 court in which the facts set out in the report are contradicted by
18-23 the employer or insurance carrier>.
18-24 (d) The insurance carrier shall file the report of the
18-25 injury on behalf of the policyholder. Except as provided by
18-26 Subsection (e), the insurance carrier must electronically file the
18-27 report with the commission not later than the seventh day after the
19-1 date on which the carrier receives the report from the employer.
19-2 (e) The executive director may waive the electronic filing
19-3 requirement under Subsection (d) and allow an insurance carrier to
19-4 mail or deliver the report to the commission not later than the
19-5 seventh day after the date on which the carrier receives the report
19-6 from the employer.
19-7 (f) A report required under this section may not be
19-8 considered to be an admission by or evidence against an employer or
19-9 an insurance carrier in a proceeding before the commission or a
19-10 court in which the facts set out in the report are contradicted by
19-11 the employer or insurance carrier.
19-12 (g) In addition to any information required under Subsection
19-13 (h), the report provided to the injured employee under Subsection
19-14 (c) must contain a summary written in plain language of the
19-15 employee's statutory rights and responsibilities under this
19-16 subtitle.
19-17 (h) <(d)> The commission may adopt rules relating to:
19-18 (1) the information that must be contained in a report
19-19 required under this section, including the summary of rights and
19-20 responsibilities required under Subsection (g); and
19-21 (2) the development and implementation of an
19-22 electronic filing system for injury reports under this section.
19-23 (i) <(e)> An employer and insurance carrier shall file
19-24 subsequent reports as required by commission rule.
19-25 (j) <(f)> A person commits a violation if the person fails
19-26 to comply with this section unless good cause exists. A violation
19-27 under this subsection is a Class D administrative violation.
20-1 SECTION 1.30. Subchapter A, Chapter 409, Labor Code, is
20-2 amended by adding Section 409.013 to read as follows:
20-3 Sec. 409.013. PLAIN LANGUAGE INFORMATION; NOTIFICATION OF
20-4 INJURED WORKER. (a) The commission shall develop information for
20-5 public dissemination about the benefit process and the compensation
20-6 procedures established under this chapter. The information must be
20-7 written in plain language and must be available in English and
20-8 Spanish.
20-9 (b) On receipt of a report under Section 409.005, the
20-10 commission shall contact the affected employee by mail or by
20-11 telephone and shall provide the information required under
20-12 Subsection (a) to that employee, together with any other
20-13 information that may be prepared by the commission for public
20-14 dissemination that relates to the employee's situation, such as
20-15 information relating to back injuries or occupational diseases.
20-16 SECTION 1.31. Subchapter C, Chapter 409, Labor Code, is
20-17 amended to read as follows:
20-18 SUBCHAPTER C. OMBUDSMAN PROGRAM
20-19 Sec. 409.041. Ombudsman Program<; ADMINISTRATIVE VIOLATION>.
20-20 (a) The commission shall maintain an ombudsman program as provided
20-21 by this subchapter to assist injured workers and persons claiming
20-22 death benefits in obtaining benefits under this subtitle.
20-23 (b) An ombudsman shall:
20-24 (1) meet with or otherwise provide information to
20-25 injured workers;
20-26 (2) investigate complaints;
20-27 (3) communicate with employers, insurance carriers,
21-1 and health care providers on behalf of injured workers; and
21-2 (4) assist unrepresented claimants, employers, and
21-3 other parties to enable those persons to protect their rights in
21-4 the workers' compensation system.
21-5 Sec. 409.042. DESIGNATION AS OMBUDSMAN; ELIGIBILITY AND
21-6 TRAINING REQUIREMENTS; CONTINUING EDUCATION REQUIREMENTS.
21-7 (a) <(c)> At least one specially qualified employee in each
21-8 commission office shall be designated an ombudsman who shall
21-9 perform the duties under this section as the person's primary
21-10 responsibility.
21-11 (b) To be eligible for designation as an ombudsman, a person
21-12 must:
21-13 (1) demonstrate satisfactory knowledge of the
21-14 requirements of:
21-15 (A) this subtitle and the provisions of Subtitle
21-16 C that relate to claims management;
21-17 (B) other laws relating to workers'
21-18 compensation; and
21-19 (C) rules adopted under this subtitle and the
21-20 laws described under Subdivision (1)(B);
21-21 (2) have demonstrated experience in handling and
21-22 resolving problems for the general public;
21-23 (3) possess strong interpersonal skills; and
21-24 (4) have at least three years of demonstrated
21-25 experience in the field of workers' compensation.
21-26 (c) The commission by rule shall adopt training guidelines
21-27 and continuing education requirements for ombudsmen. Training
22-1 provided under this subsection must:
22-2 (1) include education regarding this subtitle, rules
22-3 adopted under this subtitle, and appeals panel decisions, with
22-4 emphasis on benefits and the dispute resolution process; and
22-5 (2) require an ombudsman undergoing training to be
22-6 observed and monitored by an experienced ombudsman during daily
22-7 activities conducted under this subchapter.
22-8 Sec. 409.043. EMPLOYER NOTIFICATION; ADMINISTRATIVE
22-9 VIOLATION. (a) <(d)> Each employer shall notify its employees of
22-10 the ombudsman program in a manner prescribed by the commission.
22-11 (b) An employer commits a violation if the employer fails to
22-12 comply with this section <subsection>. A violation under this
22-13 section <subsection> is a Class C administrative violation.
22-14 Sec. 409.044 <409.042>. PUBLIC INFORMATION. The commission
22-15 shall widely disseminate information about the ombudsman program.
22-16 SECTION 1.32. Section 411.032, Labor Code, is amended to
22-17 read as follows:
22-18 Sec. 411.032. Employer Injury and Occupational Disease
22-19 Report; ADMINISTRATIVE VIOLATION. (a) An employer shall file with
22-20 the commission a report of each:
22-21 (1) on-the-job injury that results in the employee's
22-22 absence from work for more than one day; and
22-23 (2) occupational disease of which the employer has
22-24 knowledge.
22-25 (b) The commission shall adopt rules and prescribe the form
22-26 and manner of reports filed under this section.
22-27 (c) An employer commits an administrative violation if the
23-1 employer fails to report to the commission as required under
23-2 Subsection (a) unless good cause exists, as determined by the
23-3 commission, for the failure. A violation under this subsection is
23-4 a Class D administrative violation.
23-5 SECTION 1.33. Section 411.034, Labor Code, is amended to
23-6 read as follows:
23-7 Sec. 411.034. Confidentiality Requirement; OFFENSE; PENALTY.
23-8 (a) The identity of an employee in a report filed under Section
23-9 411.032 is confidential and may not be disclosed as part of the job
23-10 safety information system.
23-11 (b) A person commits an offense if the person knowingly,
23-12 intentionally, or recklessly publishes, discloses, or distributes
23-13 information that is confidential under this section to a person not
23-14 authorized to receive the information.
23-15 (c) A person commits an offense if the person knowingly,
23-16 intentionally, or recklessly receives information that is
23-17 confidential under this section and that the person is not
23-18 authorized to receive.
23-19 (d) An offense under this section is a Class A misdemeanor.
23-20 (e) An offense under this section may be prosecuted in a
23-21 court in the county where the information was unlawfully received,
23-22 published, disclosed, or distributed.
23-23 (f) A district court in Travis County has jurisdiction to
23-24 enjoin the use, publication, disclosure, or distribution of
23-25 confidential information under this section.
23-26 SECTION 1.34. Section 411.041(b), Labor Code, is amended to
23-27 read as follows:
24-1 (b) Except as provided by Section 411.0415, an <An> employer
24-2 whose injury frequencies substantially exceed those that may
24-3 reasonably be expected in that employer's business or industry is
24-4 an extra-hazardous employer.
24-5 SECTION 1.35. Subchapter D, Chapter 411, Labor Code, is
24-6 amended by adding Section 411.0415 to read as follows:
24-7 Sec. 411.0415. EXEMPTION FOR CERTAIN EMPLOYERS; HEARING.
24-8 (a) The executive director may exclude from identification as an
24-9 extra-hazardous employer an employer who presents evidence
24-10 satisfactory to the commission that the injury frequencies of the
24-11 employer substantially exceed those that may reasonably be expected
24-12 in that employer's business or industry only because of a fatality
24-13 that:
24-14 (1) occurred because of factors beyond the employer's
24-15 control; or
24-16 (2) was outside the course and scope of the deceased
24-17 individual's employment.
24-18 (b) The commission by rule shall analyze and list fatalities
24-19 that may not be related to the work environment, including:
24-20 (1) heart attacks;
24-21 (2) common diseases of life;
24-22 (3) homicides;
24-23 (4) suicides;
24-24 (5) vehicle accidents involving a third party;
24-25 (6) common carrier accidents; and
24-26 (7) natural events.
24-27 (c) If the commission determines that the case history of
25-1 the employee's fatality indicates that the employer or the work
25-2 environment was a proximate cause of the fatality, the commission
25-3 may request a hearing under Section 411.049. If the hearing
25-4 establishes that a proximate cause of the fatality was a factor or
25-5 factors within the employer's control and was within the course and
25-6 scope of the employment, the commission may require the employer to
25-7 participate in the extra-hazardous employers program if that
25-8 fatality causes the employer to be designated as an extra-hazardous
25-9 employer.
25-10 SECTION 1.36. Section 411.045(a), Labor Code, is amended to
25-11 read as follows:
25-12 (a) Not earlier than six months or later than nine <Six>
25-13 months after the formulation of an accident prevention plan under
25-14 Section 411.043, the division shall conduct a follow-up inspection
25-15 of the employer's premises. The commission may require the
25-16 participation of the safety consultant who performed the initial
25-17 consultation and formulated the safety plan.
25-18 SECTION 1.37. Section 411.049(b), Labor Code, is amended to
25-19 read as follows:
25-20 (b) The hearing shall be conducted by the State Office of
25-21 Administrative Hearings in the manner provided for a contested case
25-22 under Chapter 2001, Government Code (the administrative procedure
25-23 law <Administrative Procedure and Texas Register Act (Article
25-24 6252-13a, Vernon's Texas Civil Statutes>) and is subject to
25-25 judicial review as provided by that chapter <Act>.
25-26 SECTION 1.38. Section 411.062, Labor Code, is amended to
25-27 read as follows:
26-1 Sec. 411.062. Field Safety Representative; Qualifications.
26-2 (a) The commission by rule shall establish qualifications for
26-3 field safety representatives. The rules must include education and
26-4 experience requirements for those representatives.
26-5 (b) Each <A> field safety representative must meet the
26-6 qualifications established by the commission <be:>
26-7 <(1) a college graduate with a bachelor's degree in
26-8 science or engineering;>
26-9 <(2) a registered professional engineer;>
26-10 <(3) a certified safety professional;>
26-11 <(4) a certified industrial hygienist;>
26-12 <(5) an individual with 10 years' experience in
26-13 occupational safety and health; or>
26-14 <(6) an individual who has completed a certified
26-15 training program in accident prevention services approved by the
26-16 division>.
26-17 SECTION 1.39. Chapter 412, Labor Code, is amended by adding
26-18 Section 412.0025 to read as follows:
26-19 Sec. 412.0025. DUTIES OF STATE AGENCIES. Each state agency
26-20 subject to this chapter shall actively manage the risks of that
26-21 agency by developing, implementing, and maintaining health and
26-22 safety programs and programs designed to assist employees who
26-23 sustain compensable injuries to return to work.
26-24 SECTION 1.40. Section 412.003(a), Labor Code, is amended to
26-25 read as follows:
26-26 (a) The division shall:
26-27 (1) administer guidelines adopted by the commission
27-1 for a comprehensive risk management program applicable to all state
27-2 agencies to reduce property and liability losses, including
27-3 workers' compensation losses; and
27-4 (2) review, verify, monitor, and approve risk
27-5 management programs adopted by state agencies.
27-6 SECTION 1.41. Section 412.007(b), Labor Code, is amended to
27-7 read as follows:
27-8 (b) The report must include:
27-9 (1) the frequency, severity, and aggregate amount of
27-10 open and closed claims in the preceding biennium by category of
27-11 risk, including final judgments;
27-12 (2) the identification of each state agency that has
27-13 not complied with the risk management guidelines and reporting
27-14 requirements of this chapter; and
27-15 (3) recommendations for the coordination and
27-16 administration of a comprehensive risk management program to serve
27-17 all state agencies, including recommendations for any necessary
27-18 statutory changes.
27-19 SECTION 1.42. Section 413.002, Labor Code, is amended by
27-20 adding Subsection (c) to read as follows:
27-21 (c) In monitoring health care providers who serve as
27-22 designated doctors under Chapter 408, the division shall evaluate
27-23 the compliance of those providers with this subtitle and with rules
27-24 adopted by the commission relating to medical policies, fee
27-25 guidelines, and impairment ratings.
27-26 SECTION 1.43. Section 413.031(d), Labor Code, is amended to
27-27 read as follows:
28-1 (d) A party to a medical dispute that remains unresolved
28-2 after a review of the medical service under this section is
28-3 entitled to a hearing. The hearing shall be conducted by the State
28-4 Office of Administrative Hearings in the manner provided for a
28-5 contested case under Chapter 2001, Government Code (the
28-6 administrative procedure law <Administrative Procedure and Texas
28-7 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes>).
28-8 SECTION 1.44. Subchapter D, Chapter 413, Labor Code, is
28-9 amended by adding Section 413.044 to read as follows:
28-10 Sec. 413.044. SANCTIONS ON DESIGNATED DOCTOR. In addition
28-11 to or in lieu of an administrative penalty under Section 415.021 or
28-12 a sanction imposed under Section 415.023, the commission may impose
28-13 sanctions against a person who serves as a designated doctor under
28-14 Chapter 408 who, after an evaluation conducted under Section
28-15 413.002(c), is determined by the division to be out of compliance
28-16 with this subtitle or with rules adopted by the commission relating
28-17 to medical policies, fee guidelines, and impairment ratings.
28-18 SECTION 1.45. Subchapter A, Chapter 415, Labor Code, is
28-19 amended by amending Sections 415.002 and 415.003 and by adding
28-20 Section 415.0035 to read as follows:
28-21 Sec. 415.002. Administrative Violation by an Insurance
28-22 Carrier. (a) An insurance carrier or its representative commits
28-23 an administrative violation if that person wilfully or
28-24 intentionally:
28-25 (1) misrepresents a provision of this subtitle to an
28-26 employee, an employer, a health care provider, or a legal
28-27 beneficiary;
29-1 (2) <fails to submit to the commission a settlement or
29-2 agreement of the parties;>
29-3 <(3) fails to timely notify the commission of the
29-4 termination or reduction of benefits and the reason for that
29-5 action;>
29-6 <(4)> terminates or reduces benefits without
29-7 substantiating evidence that the action is reasonable and
29-8 authorized by law;
29-9 (3) <(5)> instructs an employer not to file a document
29-10 required to be filed with the commission;
29-11 (4) <(6)> instructs or encourages an employer to
29-12 violate a claimant's right to medical benefits under this subtitle;
29-13 (5) <(7)> fails to tender promptly full death benefits
29-14 if a legitimate dispute does not exist as to the liability of the
29-15 insurance carrier;
29-16 (6) <(8)> allows an employer, other than a
29-17 self-insured employer, to dictate the methods by which and the
29-18 terms on which a claim is handled and settled;
29-19 (7) <(9)> fails to confirm medical benefits coverage
29-20 to a person or facility providing medical treatment to a claimant
29-21 if a legitimate dispute does not exist as to the liability of the
29-22 insurance carrier;
29-23 (8) <(10)> fails, without good cause, to attend a
29-24 dispute resolution proceeding within the commission;
29-25 (9) <(11)> attends a dispute resolution proceeding
29-26 within the commission without complete authority or fails to
29-27 exercise authority to effectuate agreement or settlement;
30-1 (10) <(12)> adjusts a workers' compensation claim in a
30-2 manner contrary to license requirements for an insurance adjuster,
30-3 including the requirements of Chapter 407, Acts of the 63rd
30-4 Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
30-5 Insurance Code), or the rules of the State Board of Insurance;
30-6 (11) <(13)> fails to process claims promptly in a
30-7 reasonable and prudent manner;
30-8 (12) <(14)> fails to initiate or reinstate benefits
30-9 when due if a legitimate dispute does not exist as to the liability
30-10 of the insurance carrier;
30-11 (13) <(15)> misrepresents the reason for not paying
30-12 benefits or terminating or reducing the payment of benefits;
30-13 (14) <(16)> dates documents to misrepresent the actual
30-14 date of the initiation of benefits;
30-15 (15) <(17)> makes a notation on a draft or other
30-16 instrument indicating that the draft or instrument represents a
30-17 final settlement of a claim if the claim is still open and pending
30-18 before the commission;
30-19 (16) <(18)> fails or refuses to pay benefits from week
30-20 to week as and when due directly to the person entitled to the
30-21 benefits;
30-22 (17) <(19)> fails to pay an order awarding benefits;
30-23 (18) <(20)> controverts a claim if the evidence
30-24 clearly indicates liability;
30-25 (19) <(21) unreasonably denies preauthorization
30-26 required under Section 413.014 or> unreasonably disputes the
30-27 reasonableness and necessity of health care;
31-1 (20) <(22)> violates a commission rule; or
31-2 (21) <(23)> fails to comply with a provision of this
31-3 subtitle.
31-4 (b) An insurance carrier or its representative does not
31-5 commit an administrative violation under Subsection (a)(6)<(8)> by
31-6 allowing an employer to:
31-7 (1) freely discuss a claim;
31-8 (2) assist in the investigation and evaluation of a
31-9 claim; or
31-10 (3) attend a proceeding of the commission and
31-11 participate at the proceeding in accordance with this subtitle.
31-12 Sec. 415.003. Administrative Violation by Health Care
31-13 Provider. A health care provider commits an administrative
31-14 violation if the person wilfully or intentionally:
31-15 (1) submits a charge for health care that was not
31-16 furnished;
31-17 (2) administers improper, unreasonable, or medically
31-18 unnecessary treatment or services;
31-19 (3) <fails or refuses to timely file required reports
31-20 or records;>
31-21 <(4)> makes an unnecessary referral;
31-22 (4) <(5) fails to disclose an interest as required by
31-23 Section 413.041;>
31-24 <(6)> violates the commission's fee and treatment
31-25 guidelines;
31-26 (5) <(7)> violates a commission rule; or
31-27 (6) <(8)> fails to comply with a provision of this
32-1 subtitle.
32-2 Sec. 415.0035. ADDITIONAL VIOLATIONS BY INSURANCE CARRIER OR
32-3 HEALTH CARE PROVIDER. (a) An insurance carrier or its
32-4 representative commits an administrative violation if that person:
32-5 (1) fails to submit to the commission a settlement or
32-6 agreement of the parties;
32-7 (2) fails to timely notify the commission of the
32-8 termination or reduction of benefits and the reason for that
32-9 action; or
32-10 (3) denies preauthorization in a manner that is not in
32-11 accordance with rules adopted by the commission under Section
32-12 413.014.
32-13 (b) A health care provider commits an administrative
32-14 violation if that person:
32-15 (1) fails or refuses to timely file required reports
32-16 or records; or
32-17 (2) fails to file with the commission the annual
32-18 disclosure statement required by Section 413.041.
32-19 (c) A violation under Subsection (a) is a Class C
32-20 administrative violation.
32-21 (d) A violation under Subsection (b) is a Class D
32-22 administrative violation.
32-23 SECTION 1.46. Section 415.034(a), Labor Code, is amended to
32-24 read as follows:
32-25 (a) On the request of the charged party or <at the
32-26 discretion of> the executive director <of the division of
32-27 hearings>, the State Office of Administrative Hearings <division of
33-1 hearings> shall set a hearing. The hearing shall be conducted in
33-2 the manner provided for a contested case under Chapter 2001,
33-3 Government Code (the administrative procedure law <Administrative
33-4 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
33-5 Civil Statutes>).
33-6 SECTION 1.47. Subtitle A, Title 5, Labor Code, is amended by
33-7 adding Chapter 418 to read as follows:
33-8 CHAPTER 418. CRIMINAL PENALTIES
33-9 Sec. 418.001. PENALTY FOR FRAUDULENTLY OBTAINING OR DENYING
33-10 BENEFITS. (a) A person commits an offense if the person, with the
33-11 intent to obtain or deny payment of benefits, including medical
33-12 benefits, under this subtitle or Subtitle C, for himself or
33-13 another, knowingly or intentionally:
33-14 (1) makes a false or misleading statement;
33-15 (2) misrepresents or conceals a material fact; or
33-16 (3) fabricates, alters, conceals, or destroys a
33-17 document other than a governmental record.
33-18 (b) An offense under Subsection (a) is:
33-19 (1) a Class A misdemeanor if the value of the benefits
33-20 is less than $1,500; and
33-21 (2) a state jail felony if the value of the benefits
33-22 is $1,500 or more.
33-23 Sec. 418.002. PENALTY FOR FRAUDULENTLY OBTAINING WORKERS'
33-24 COMPENSATION INSURANCE COVERAGE. (a) A person commits an offense
33-25 if the person, with the intent to obtain workers' compensation
33-26 insurance coverage under the workers' compensation insurance laws
33-27 of this state or to avoid payment of premiums due for that
34-1 coverage, for himself or another, knowingly or intentionally:
34-2 (1) makes a false statement;
34-3 (2) misrepresents or conceals a material fact; or
34-4 (3) makes a false entry in, fabricates, alters,
34-5 conceals, or destroys a document other than a governmental record.
34-6 (b) An offense under Subsection (a) is:
34-7 (1) a Class A misdemeanor if the amount of premium
34-8 avoided is less than $1,500; and
34-9 (2) a state jail felony if the amount of the premium
34-10 avoided is $1,500 or more.
34-11 (c) The court may order a person to pay restitution to an
34-12 insurance company, the Texas workers' compensation insurance
34-13 facility, or the Texas Workers' Compensation Insurance Fund if the
34-14 person commits an offense under this section.
34-15 SECTION 1.48. (a) The change in law made by Sections
34-16 402.001, 402.005, and 402.012, Labor Code, as amended or added by
34-17 this Act, in the qualifications and the grounds for removal of
34-18 persons appointed to the Texas Workers' Compensation Commission
34-19 applies only to a member appointed on or after September 1, 1995,
34-20 and does not affect the entitlement of a member appointed before
34-21 September 1, 1995, to continue to hold office for the term for
34-22 which the member was appointed.
34-23 (b) The training program required under Section 402.0015,
34-24 Labor Code, as added by this Act, shall be established not later
34-25 than January 1, 1996. Each person appointed to the commission on
34-26 or after that date must comply with the requirements imposed under
34-27 that section.
35-1 SECTION 1.49. The change in law made by this Act to Section
35-2 402.008, Labor Code, in the method of selecting the chairman of the
35-3 Texas Workers' Compensation Commission, applies only to a member
35-4 designated to serve in that capacity on or after September 1, 1995.
35-5 The change does not affect the entitlement of a member elected to
35-6 serve in that capacity before September 1, 1995, to continue to
35-7 serve in that capacity for the term for which the member was
35-8 elected.
35-9 SECTION 1.50. The Texas Workers' Compensation Commission
35-10 shall adopt rules as necessary to implement the changes in law made
35-11 by this Act to Title 5, Labor Code, not later than March 1, 1996.
35-12 SECTION 1.51. Section 406.097, Labor Code, as added by this
35-13 Act, applies only to an insurance policy or certificate of
35-14 authority to self-insure that is delivered, issued for delivery, or
35-15 renewed on or after January 1, 1996. A policy or certificate that
35-16 is delivered, issued for delivery, or renewed before January 1,
35-17 1996, is governed by the law as it existed immediately before
35-18 September 1, 1995, and that law is continued in effect for that
35-19 purpose.
35-20 SECTION 1.52. The change in law made by this Act to Section
35-21 408.083, Labor Code, applies only to an occupational disease for
35-22 which the date of injury occurs on or after September 1, 1995. A
35-23 claim based on an occupational disease for which the date of injury
35-24 occurs before September 1, 1995, is governed by the law in effect
35-25 on the date of injury for that occupational disease, and the former
35-26 law is continued in effect for that purpose.
35-27 SECTION 1.53. The change in law made by this Act to Section
36-1 409.005, Labor Code, applies only to an injury report regarding a
36-2 compensable injury that occurs on or after September 1, 1995. An
36-3 injury report for a compensable injury that occurs before that date
36-4 is governed by the law in effect on the date that the injury
36-5 occurred, and the former law is continued in effect for that
36-6 purpose.
36-7 SECTION 1.54. The change in law made by this Act to
36-8 Subchapter C, Chapter 409, Labor Code, in the qualifications of
36-9 persons who serve as ombudsmen under the Texas Workers'
36-10 Compensation Commission applies only to a person who is designated
36-11 as an ombudsman on or after September 1, 1995. The change does not
36-12 affect the entitlement of a person serving as an ombudsman
36-13 immediately before that date to continue to serve as an ombudsman
36-14 if that person continues to meet the qualifications for that
36-15 service that were in effect before September 1, 1995, and complies
36-16 with applicable continuing education requirements adopted by the
36-17 commission.
36-18 SECTION 1.55. The change in law made by Section 402.092,
36-19 Labor Code, as added by this Act, applies to information maintained
36-20 in investigation files of the Texas Workers' Compensation
36-21 Commission without regard to the date the information is collected,
36-22 compiled, developed, or otherwise becomes part of the investigation
36-23 file.
36-24 SECTION 1.56. The change in law made by this Act to Section
36-25 411.062, Labor Code, in the qualifications of a person who serves
36-26 as a field safety representative, applies only to a person employed
36-27 as a field safety representative on or after September 1, 1995.
37-1 The change does not affect the entitlement of a person serving as a
37-2 field safety representative immediately before that date to
37-3 continue to serve as a field safety representative if the person
37-4 continues to meet the qualifications for that service that were in
37-5 effect before September 1, 1995, and complies with applicable
37-6 continuing education requirements adopted by the Texas Workers'
37-7 Compensation Commission.
37-8 SECTION 1.57. A state agency subject to Section 412.0025,
37-9 Labor Code, as added by this Act, shall develop programs as
37-10 required by that section not later than January 1, 1996.
37-11 SECTION 1.58. A change in law under this Act that transfers
37-12 jurisdiction of a hearing to the State Office of Administrative
37-13 Hearings takes effect January 1, 1996. A hearing held before or
37-14 pending on December 31, 1995, is governed by the law in effect
37-15 immediately before September 1, 1995, and that law is continued in
37-16 effect for that purpose.
37-17 SECTION 1.59. (a) The change in law made to Subtitle A,
37-18 Title 5, Labor Code, by this Act applies only to a penalty or
37-19 sanction for an offense committed on or after the effective date of
37-20 this Act.
37-21 (b) For purposes of this section, an offense is committed
37-22 before the effective date of this Act if any element of the offense
37-23 occurs before that date.
37-24 (c) An offense committed before the effective date of this
37-25 Act is governed by the law in effect when the offense was
37-26 committed, and the former law is continued in effect for that
37-27 purpose.
38-1 ARTICLE 2. WORKERS' COMPENSATION INSURANCE COVERAGE
38-2 FOR CERTAIN GOVERNMENTAL EMPLOYEES
38-3 SECTION 2.01. Sections 501.002(b) and (c), Labor Code, are
38-4 amended to read as follows:
38-5 (b) For the purposes of this chapter and Chapter 451, the
38-6 individual state agency shall be considered the employer.
38-7 (c) For the purpose of applying the provisions listed by
38-8 Subsection (a) to this chapter, "insurer" or "employer" means
38-9 "state," "division," <or> "director," or "state agency," as
38-10 applicable.
38-11 SECTION 2.02. Section 501.022, Labor Code, is amended to
38-12 read as follows:
38-13 Sec. 501.022. TEXAS TECH UNIVERSITY EMPLOYEES. (a) An
38-14 eligible employee of Texas Tech University, Texas Tech University
38-15 Health Sciences Center <Research Farm, Texas Tech University School
38-16 of Medicine at Lubbock>, or another agency under the direction and
38-17 control of the board of regents of Texas Tech University and Texas
38-18 Tech University Health Sciences Center is entitled to participate
38-19 in the workers' compensation program for state employees provided
38-20 under this chapter.
38-21 (b) For purposes of this chapter, Texas Tech University is a
38-22 state agency and shall act in the capacity of employer.
38-23 (c) For purposes of this chapter, Texas Tech University
38-24 Health Sciences Center is a state agency and shall act in the
38-25 capacity of employer.
38-26 SECTION 2.03. Section 501.042, Labor Code, is amended to
38-27 read as follows:
39-1 Sec. 501.042. DIRECTOR AS <EMPLOYER AND> INSURER. (a) In
39-2 administering and enforcing this chapter, the director shall act in
39-3 the capacity of <employer and> insurer.
39-4 (b) The director shall act as an adversary before the
39-5 commission and courts and present the legal defenses and positions
39-6 of the state as an <employer and> insurer.
39-7 (c) For the purposes of this section, the director is
39-8 entitled to the legal counsel of the attorney general.
39-9 (d) The director is subject to the rules, orders, and
39-10 decisions of the commission in the same manner as an <a private
39-11 employer,> insurer<,> or association.
39-12 SECTION 2.04. Section 501.043(a), Labor Code, is amended to
39-13 read as follows:
39-14 (a) The director shall<:>
39-15 <(1)> adopt procedural rules and prescribe forms
39-16 necessary for the effective administration of this chapter<; and>
39-17 <(2) adopt and enforce reasonable rules for the
39-18 prevention of accidents and injuries>.
39-19 SECTION 2.05. The change in law made by this Act to Chapter
39-20 501, Labor Code, applies only to a claim for workers' compensation
39-21 benefits based on a compensable injury that occurs on or after
39-22 September 1, 1995. A claim based on a compensable injury that
39-23 occurs before that date is governed by the law in effect on the
39-24 date that the injury occurred, and the former law is continued in
39-25 effect for that purpose.
39-26 ARTICLE 3. CONFORMING AMENDMENTS
39-27 SECTION 3.01. Section 2003.001(3), Government Code, is
40-1 amended to read as follows:
40-2 (3) "State agency" means:
40-3 (A) a state board, commission, department, or
40-4 other agency that is subject to Chapter 2001; and
40-5 (B) to the extent provided by Title 5, Labor
40-6 Code, the Texas Workers' Compensation Commission.
40-7 SECTION 3.02. Section 2003.021, Government Code, is amended
40-8 by adding Subsection (c) to read as follows:
40-9 (c) The office shall conduct hearings under Title 5, Labor
40-10 Code, as provided by that title. In conducting hearings under
40-11 Title 5, Labor Code, the office shall consider the applicable
40-12 substantive rules and policies of the Texas Workers' Compensation
40-13 Commission. The office and the Texas Workers' Compensation
40-14 Commission shall enter into an interagency contract under Chapter
40-15 771 to pay the costs incurred by the office in implementing this
40-16 subsection.
40-17 ARTICLE 4. MISCELLANEOUS PROVISIONS
40-18 SECTION 4.01. The changes in law made by this Act to Chapter
40-19 2003, Government Code, and Sections 407.046, 411.049(b),
40-20 413.031(d), and 415.034, Labor Code, apply only to a hearing that
40-21 begins on or after January 1, 1996. A hearing held before or
40-22 pending on January 1, 1996, is governed by the law in effect
40-23 immediately before September 1, 1995, and that law is continued in
40-24 effect for that purpose.
40-25 SECTION 4.02. This Act takes effect September 1, 1995.
40-26 SECTION 4.03. The importance of this legislation and the
40-27 crowded condition of the calendars in both houses create an
41-1 emergency and an imperative public necessity that the
41-2 constitutional rule requiring bills to be read on three several
41-3 days in each house be suspended, and this rule is hereby suspended.