74R5308 PB-D
By Brimer, Counts, Junell, et al. H.B. No. 1090
Substitute the following for H.B. No. 1090:
By Brimer C.S.H.B. No. 1090
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Workers'
1-3 Compensation Insurance Fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(4), Article 5.76-3, Insurance Code, is
1-6 amended to read as follows:
1-7 (4) "Workers' compensation insurance" means the
1-8 insurance for any risk under:
1-9 (A) Subtitle A, Title 5, Labor Code (the Texas
1-10 Workers' Compensation Act); <(Article 8308-1.01 et seq., Vernon's
1-11 Texas Civil Statutes),>
1-12 (B) the Longshore and Harbor Workers'
1-13 Compensation Act (33 U.S.C. Section 901);<,>
1-14 (C) the Federal Mine Safety and Health Act of
1-15 1977 (33 U.S.C. Section 801 et seq.);<,> or
1-16 (D) Chapter 504, Labor Code <Article 8309h,
1-17 Revised Statutes>.
1-18 SECTION 2. Section 2, Article 5.76-3, Insurance Code, is
1-19 amended to read as follows:
1-20 Sec. 2. Creation; operation. (a) The Texas Workers'
1-21 Compensation Insurance Fund is created as a corporate body with the
1-22 powers provided in this article and with all general corporate
1-23 powers incident to its operation as a corporate body.
1-24 (b) Except as otherwise provided by this subsection, the
2-1 fund is subject to the open meetings law, Chapter 551, Government
2-2 Code <271, Acts of the 60th Legislature, Regular Session, 1967
2-3 (Article 6252-17, Vernon's Texas Civil Statutes)>, and the open
2-4 records law, Chapter 552, Government Code <424, Acts of the 63rd
2-5 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
2-6 Texas Civil Statutes)>. The board may hold closed meetings to
2-7 consider and refuse to release information relating to claims,
2-8 rates, the fund's underwriting guidelines, and other information
2-9 that would give advantage to competitors or bidders.
2-10 (c) A decision by the fund to deny, cancel, or refuse to
2-11 renew a policy or risk insured under Article 5.76-4 of this code is
2-12 appealable to the board not later than the 30th day after the date
2-13 on which the affected party received actual notice that the act
2-14 occurred or that the decision was made. The board shall hear the
2-15 appeal not later than the 30th day after the date on which the
2-16 request for hearing is made and shall notify the fund and the
2-17 appellant in writing of the time and place of the hearing not later
2-18 than the 10th day before the date of the hearing. Not later than
2-19 the 30th day after the last day of the hearing, the board shall
2-20 affirm, reverse, or modify the act appealed to the board. A
2-21 hearing under this subsection does not suspend the operation of any
2-22 act, ruling, decision, or order of the fund, unless the board
2-23 specifically so orders.
2-24 (d) A decision of the board under this section <subsection>
2-25 is subject to review by the commissioner of insurance in the manner
2-26 provided by the administrative procedure law, Chapter 2001,
2-27 Government Code <Administrative Procedure and Texas Register Act
3-1 (Article 6252-13a, Vernon's Texas Civil Statutes)>. The
3-2 commissioner's review of a decision by the board does not suspend
3-3 the operation of any act, ruling, decision, or order of the fund
3-4 unless the commissioner specifically so orders on a showing by an
3-5 aggrieved party of:
3-6 (1) immediate, irreparable injury, loss, or damage;
3-7 and
3-8 (2) probable success on the merits.
3-9 (e) A person aggrieved by the decision of the commissioner
3-10 may appeal that decision to the district court. Judicial review
3-11 under this section <subsection> is governed by the substantial
3-12 evidence rule.
3-13 (f) <(d)> The fund is subject to Chapter 325, Government
3-14 Code (Texas Sunset Act). Unless continued in effect as provided by
3-15 that chapter, the fund is abolished September 1, 2007 <1995>.
3-16 (g) <(e)> In addition to other rights of the fund under this
3-17 article, the fund has the legal rights of a private person in this
3-18 state and the power to sue in its own name. No procedure
3-19 established under this article is a prerequisite to the exercise of
3-20 the power by the fund to sue.
3-21 (h) The fund shall prepare annually a complete and detailed
3-22 written report accounting for all funds received and disbursed by
3-23 the fund during the preceding fiscal year. The annual report must
3-24 meet the reporting requirements applicable to financial reporting
3-25 provided by the General Appropriations Act.
3-26 SECTION 3. Section 3, Article 5.76-3, Insurance Code, is
3-27 amended to read as follows:
4-1 Sec. 3. BOARD OF DIRECTORS. (a) The fund is governed by a
4-2 board of directors composed of nine members, all of whom shall be
4-3 citizens of this state. The members shall be appointed by the
4-4 governor with the advice and consent of the senate, and vacancies
4-5 shall be filled in the same manner. The members of the board of
4-6 directors serve staggered six-year terms, with the terms of three
4-7 members expiring February 1 of each odd-numbered year.
4-8 (b) Except as provided by Subsection (c) of this section, to
4-9 be eligible for appointment as a member of the board a person must
4-10 be a policyholder of the fund or an officer or employee of a
4-11 policyholder and must maintain that status during the period of
4-12 service on the board. Failure to maintain that status disqualifies
4-13 the board member and creates a vacancy on the board.
4-14 (c) The initial appointees to the board must be employers in
4-15 this state.
4-16 (d) In making appointments to the board, the governor shall
4-17 attempt to reflect the social, geographic, and economic diversity
4-18 of the state. To ensure balanced representation, the governor may
4-19 consider the geographic location of a prospective appointee's
4-20 domicile and the prospective appointee's experience in business and
4-21 insurance matters and shall consider those factors in appointing
4-22 members to fill vacancies on the board. Appointments to the board
4-23 shall be made without regard to the race, color, disability, sex,
4-24 religion, age, or national origin of the appointees.
4-25 (e) A person may not serve as a member of the board if the
4-26 person, an individual related to the person within the second
4-27 degree by consanguinity or affinity, or an individual residing in
5-1 the same household with the person:
5-2 (1) is required to be registered or licensed under
5-3 this code;
5-4 (2) is employed by or acts as a consultant to a person
5-5 required to be registered or licensed under this code;
5-6 (3) owns, controls, has a financial interest in, or
5-7 participates in the management of an organization required to be
5-8 registered or licensed under this code;
5-9 (4) receives a substantial tangible benefit from the
5-10 fund or the Texas Department of Insurance; or
5-11 (5) is an officer, employee, or consultant of an
5-12 association in the field of insurance<; or>
5-13 <(6) is required to register as a lobbyist under
5-14 Chapter 305, Government Code>.
5-15 (f) It is a ground for removal from the board if a member:
5-16 (1) does not have at the time of appointment the
5-17 qualifications required by Subsection (b) of this section;
5-18 (2) does not maintain during service on the board the
5-19 qualifications required by Subsection (b) of this section;
5-20 (3) cannot because of illness or disability discharge
5-21 the member's duties for a substantial part of the term for which
5-22 the member is appointed; or
5-23 (4) is absent from more than half of the regularly
5-24 scheduled board meetings that the member is eligible to attend
5-25 during a calendar year.
5-26 (g) The validity of an action of the board is not affected
5-27 by the fact that it is taken when a ground for removal of a board
6-1 member exists.
6-2 (h) If the president has knowledge that a potential ground
6-3 for removal exists, the president shall notify the chairman of the
6-4 board of the potential ground. The chairman shall then notify the
6-5 governor and the attorney general that a potential ground for
6-6 removal exists. If the potential ground for removal involves the
6-7 chairman, the president shall notify the next highest officer of
6-8 the board, who shall notify the governor and the attorney general
6-9 that a potential ground for removal exists.
6-10 (i) Subsection (e) of this section does not prohibit a
6-11 person who is only a consumer of insurance or insurance products
6-12 from serving as a member of the board.
6-13 (j) <(g)> A person who is ineligible to serve on the board
6-14 under Subsection (e) of this section may not serve as a member of
6-15 the board for one year after the date on which the condition that
6-16 makes the person ineligible ends.
6-17 (k) <(h)> Each member shall receive actual and necessary
6-18 travel expenses and expenses incurred in the performance of the
6-19 member's duties as a member.
6-20 (l) <(i)> The governor shall designate a member of the board
6-21 as the chairman of the board to serve in that capacity at the
6-22 pleasure of the governor. The members of the board shall elect
6-23 annually from their number a <chairman, a> vice-chairman<,> and a
6-24 secretary.
6-25 (m) <(j)> The board shall hold meetings at least once each
6-26 month and at other times at the call of the chairman and at times
6-27 established by board rule. Special meetings may be called by any
7-1 two members of the board on two days notice.
7-2 (n) <(k)> A majority of the board members constitutes a
7-3 quorum.
7-4 (o) <(l)> The board shall maintain the principal office of
7-5 the fund in Austin, Texas.
7-6 (p) <(m)> For cost control purposes and as is determined to
7-7 be cost-effective, as many functions as possible shall be performed
7-8 by the fund.
7-9 (q) A person may not serve as a member of the board or act
7-10 as the general counsel to the board or the fund if the person is
7-11 required to register as a lobbyist under Chapter 305, Government
7-12 Code, because of the person's activities for compensation on behalf
7-13 of any person or entity other than the fund.
7-14 (r) The board shall develop and implement policies that
7-15 clearly separate the policymaking responsibilities of the board and
7-16 the management responsibilities of the president and the staff of
7-17 the fund.
7-18 SECTION 4. Article 5.76-3, Insurance Code, is amended by
7-19 adding Section 3A to read as follows:
7-20 Sec. 3A. TRAINING PROGRAM FOR BOARD MEMBERS. (a) Before a
7-21 member of the board may assume the member's duties, the member must
7-22 complete the training program established under this section.
7-23 (b) A training program established under this section shall
7-24 provide information to the member regarding:
7-25 (1) the enabling legislation that created the fund and
7-26 the board;
7-27 (2) the programs operated by the fund;
8-1 (3) the role and functions of the fund;
8-2 (4) the current budget for the fund;
8-3 (5) the results of the most recent independent audit
8-4 of the fund;
8-5 (6) the requirements of:
8-6 (A) the open meetings law, Chapter 551,
8-7 Government Code; and
8-8 (B) the open records law, Chapter 552,
8-9 Government Code;
8-10 (7) the requirements of the conflict of interest laws
8-11 and other laws relating to members of the board; and
8-12 (8) any applicable ethics policies adopted by the fund
8-13 or the Texas Ethics Commission.
8-14 SECTION 5. Section 4, Article 5.76-3, Insurance Code, is
8-15 amended by adding Subsections (c), (d), and (e) to read as follows:
8-16 (c) The board shall appoint an internal auditor in
8-17 compliance with Chapter 2102, Government Code. The internal
8-18 auditor serves at the pleasure of the board.
8-19 (d) If the fund obtains legal services through the use of
8-20 outside counsel, the attorney general shall annually review the use
8-21 of outside counsel by the fund to ensure that:
8-22 (1) the use of outside counsel does not result in a
8-23 conflict of interest; and
8-24 (2) the persons used as outside counsel comply with
8-25 state and federal policies regarding the treatment of persons who
8-26 are members of minority groups.
8-27 (e) The board shall provide requested information to
9-1 appropriate legislative committees in the manner requested by those
9-2 committees.
9-3 SECTION 6. Section 6, Article 5.76-3, Insurance Code, is
9-4 amended by adding Subsections (f)-(l) to read as follows:
9-5 (f) The president shall develop a career ladder program that
9-6 addresses opportunities for mobility and advancement for employees
9-7 within the fund. The program shall require internal posting of all
9-8 positions concurrently with any public posting.
9-9 (g) The president shall develop a system of annual
9-10 performance evaluations that are based on documented employee
9-11 performance. All merit pay for fund employees must be based on the
9-12 system established under this subsection.
9-13 (h) The president shall prepare and maintain a written
9-14 policy statement to assure implementation of a program of equal
9-15 employment opportunity under which all personnel transactions are
9-16 made without regard to race, color, disability, sex, religion, age,
9-17 or national origin. The policy statement must include:
9-18 (1) personnel policies, including policies relating to
9-19 recruitment, evaluation, selection, appointment, training, and
9-20 promotion of personnel that are in compliance with the requirements
9-21 of Chapter 21, Labor Code;
9-22 (2) a comprehensive analysis of the fund workforce
9-23 that meets federal and state guidelines;
9-24 (3) procedures by which a determination can be made
9-25 about the extent of underuse in the fund workforce of all persons
9-26 for whom federal or state guidelines encourage a more equitable
9-27 balance; and
10-1 (4) reasonable methods to appropriately address those
10-2 areas of underuse.
10-3 (i) A policy statement prepared under Subsection (h) of this
10-4 section must:
10-5 (1) cover an annual period;
10-6 (2) be updated annually;
10-7 (3) be reviewed annually by the Commission on Human
10-8 Rights for compliance with Subsection (h)(1); and
10-9 (4) be filed with the governor's office.
10-10 (j) The governor's office shall deliver a biennial report to
10-11 the legislature based on the information received under Subsection
10-12 (i) of this section. The report may be made separately or as a
10-13 part of other biennial reports made to the legislature.
10-14 (k) The president shall provide to members of the board and
10-15 to fund employees, as often as necessary, information regarding
10-16 their qualification for office or employment under this article and
10-17 their responsibilities under applicable laws relating to standards
10-18 of conduct for board members or employees.
10-19 (l) In hiring employees for the fund under this article, the
10-20 president shall ensure that the fund complies with the minority
10-21 hiring practices guidelines adopted for state agencies and
10-22 institutions by the General Appropriations Act.
10-23 SECTION 7. Section 7, Article 5.76-3, Insurance Code, is
10-24 amended by adding Subsections (f) and (g) to read as follows:
10-25 (f) Notwithstanding any other provision of this code or
10-26 another insurance law of this state, the fund is not required to
10-27 appoint a local recording agent to act as an agent for the fund.
11-1 An agent transacting business with the fund does so as an agent for
11-2 the applicant and not as an agent for the fund.
11-3 (g) Information submitted to the fund by a licensed agent on
11-4 behalf of an employer, including a policy expiration date, is the
11-5 work product of that agent, and the fund may not use that
11-6 information in any marketing or direct sales activity. Except as
11-7 required or permitted by the open records law, Chapter 552,
11-8 Government Code, the fund may not provide information obtained from
11-9 a licensed agent to any other licensed agent. This subsection does
11-10 not prevent an employer from designating another licensed agent or
11-11 the fund as the agent of record and does not prevent the fund from
11-12 using the information submitted to the fund under this subsection
11-13 for the purpose of underwriting or fraud investigation. The fund
11-14 shall adopt reasonable guidelines in the plan of operation to
11-15 implement this subsection.
11-16 SECTION 8. Sections 10(k) and (l), Article 5.76-3, Insurance
11-17 Code, are amended to read as follows:
11-18 (k) The commission shall charge the policyholder for the
11-19 reasonable cost of services provided under Subsections (e), <and>
11-20 (f), and (h) of this section. The fees for those services shall be
11-21 set at a cost-reimbursement level including a reasonable allocation
11-22 of the commission's administrative costs.
11-23 (l) The compliance and practices division of the commission
11-24 shall enforce compliance with this section through the
11-25 administrative violation proceedings under Chapter 415, Labor Code
11-26 <Article 10, Texas Workers' Compensation Act (Article 8308-10.01 et
11-27 seq., Vernon's Texas Civil Statutes)>.
12-1 SECTION 9. Sections 11(a) and (b), Article 5.76-3,
12-2 Insurance Code, are amended to read as follows:
12-3 (a) The fund shall develop and implement a program to
12-4 identify and investigate fraud and violations of this code relating
12-5 to workers' compensation insurance by an applicant, policyholder,
12-6 claimant, agent, <or> insurer, health care provider, or other
12-7 person. The fund shall contract with the commission to compile
12-8 and maintain information necessary to detect practices or patterns
12-9 of conduct that violate this code relating to the workers'
12-10 compensation insurance or Subtitle A, Title 5, Labor Code (the
12-11 Texas Workers' Compensation Act <(Article 8308-1.01 et seq.,
12-12 Vernon's Texas Civil Statutes>).
12-13 (b) The fund may conduct investigations of <shall refer all>
12-14 cases of suspected fraud and violations of this code relating to
12-15 workers' compensation insurance. The fund shall:
12-16 (1) coordinate its investigations with those conducted
12-17 by the commission to avoid duplication of efforts; and
12-18 (2) refer cases that are not resolved by the fund to
12-19 the commission to:
12-20 (A) <(1)> perform any further investigations
12-21 that are necessary under the circumstances;
12-22 (B) <(2)> conduct administrative violation
12-23 proceedings; and
12-24 (C) <(3)> assess and collect penalties and
12-25 restitution.
12-26 SECTION 10. Article 5.76-3, Insurance Code, is amended by
12-27 adding Section 11A to read as follows:
13-1 Sec. 11A. INVESTIGATION FILES CONFIDENTIAL. (a)
13-2 Information maintained in the investigation files of the fund is
13-3 confidential and may not be disclosed except:
13-4 (1) in a criminal proceeding;
13-5 (2) in a hearing conducted by the fund or the
13-6 commission;
13-7 (3) on a judicial determination of good cause; or
13-8 (4) to a governmental agency, political subdivision,
13-9 or regulatory body if the disclosure is necessary or proper for the
13-10 enforcement of the laws of this or another state or of the United
13-11 States.
13-12 (b) Fund investigation files are not open records for
13-13 purposes of the open records law, Chapter 552, Government Code.
13-14 (c) Information in an investigation file that is information
13-15 in or derived from a claim file, or an employer injury report or
13-16 occupational disease report, is governed by the confidentiality
13-17 provisions relating to that information.
13-18 (d) For purposes of this section, "investigation file" means
13-19 any information compiled or maintained by the fund with respect to
13-20 a fund investigation authorized by law.
13-21 SECTION 11. Section 16, Article 5.76-3, Insurance Code, is
13-22 amended to read as follows:
13-23 Sec. 16. CANCELLATION AND NONRENEWAL. The fund may cancel
13-24 or refuse to renew coverage on a policyholder as provided by
13-25 Section 406.008, Labor Code <in Section 3.28, Texas Workers'
13-26 Compensation Act (Article 8308-3.28, Vernon's Texas Civil
13-27 Statutes)>.
14-1 SECTION 12. Section 17(a), Article 5.76-3, Insurance Code,
14-2 is amended to read as follows:
14-3 (a) Not later than March 1 of each subsequent year <the 30th
14-4 day after the date on which the fund's fiscal year ends>, the board
14-5 shall publish a report analyzing the fund's activities and fiscal
14-6 condition during the preceding fiscal year and shall file the
14-7 report with the Texas Department of Insurance. The board shall
14-8 have an independent audit made of the annual <each such> report.
14-9 SECTION 13. Article 5.76-3, Insurance Code, is amended by
14-10 adding Section 17A to read as follows:
14-11 Sec. 17A. ADDITIONAL AUDIT REQUIREMENTS; INTERNAL AUDIT
14-12 REPORT. (a) The state auditor shall periodically identify issues
14-13 related to the operational efficiency, effectiveness, and statutory
14-14 compliance of the fund. The fund shall include all issues
14-15 identified by the state auditor in the fund's annual independent
14-16 and internal audit plans.
14-17 (b) Each person who conducts an independent audit or
14-18 internal audit of the fund shall send a copy of the audit report
14-19 prepared by the person to the office of the state auditor. The
14-20 state auditor shall summarize the audit reports presented under
14-21 this subsection in an annual memorandum to the Legislative Audit
14-22 Committee.
14-23 (c) The internal auditor appointed under Section 4 of this
14-24 article shall submit the internal audit report directly to the
14-25 board and shall provide a summary of the report to the governor,
14-26 lieutenant governor, and speaker of the house of representatives.
14-27 The internal auditor's summary report must include an analysis of
15-1 the use by the fund of historically underutilized businesses. For
15-2 purposes of this subsection, "historically underutilized business"
15-3 has the meaning assigned by Section 1.02, State Purchasing and
15-4 General Services Commission Act (Article 601b, Vernon's Texas Civil
15-5 Statutes).
15-6 SECTION 14. Article 5.76-3, Insurance Code, is amended by
15-7 adding Sections 19A and 19B to read as follows:
15-8 Sec. 19A. PUBLIC INFORMATION; ACCESSIBILITY. (a) The fund
15-9 shall prepare information of public interest describing the
15-10 functions of the fund and the procedures by which complaints are
15-11 filed with and resolved by the fund. The fund shall make the
15-12 information available to the public and appropriate state agencies.
15-13 (b) The board shall establish methods by which consumers and
15-14 service recipients are notified of the name, mailing address, and
15-15 telephone number of the fund for the purpose of directing
15-16 complaints to the fund. The board may provide for that
15-17 notification:
15-18 (1) by a supplement or endorsement to a written
15-19 policy;
15-20 (2) on a sign prominently displayed in the place of
15-21 business of each regional office of the fund; or
15-22 (3) in a bill for services provided by the fund.
15-23 (c) The fund shall comply with federal and state laws
15-24 related to program and facility accessibility. The president shall
15-25 also prepare and maintain a written plan that describes how a
15-26 person who does not speak English can be provided reasonable access
15-27 to the fund's programs and services.
16-1 (d) The board shall develop and implement policies that
16-2 provide the public with a reasonable opportunity to appear before
16-3 the board and to speak on any issue under the jurisdiction of the
16-4 fund.
16-5 Sec. 19B. COMPLAINT RESOLUTION. (a) The fund shall keep
16-6 information about each written complaint submitted to the fund.
16-7 The information shall include:
16-8 (1) the date the complaint is received;
16-9 (2) the name of the complainant;
16-10 (3) the subject matter of the complaint;
16-11 (4) a record of all persons contacted in relation to
16-12 the complaint;
16-13 (5) a summary of the results of the review or
16-14 investigation of the complaint; and
16-15 (6) for complaints for which the fund took no action,
16-16 an explanation of the reason the complaint was closed without
16-17 action.
16-18 (b) For each written complaint that the fund has authority
16-19 to resolve, the fund shall provide to the person filing the
16-20 complaint and the persons or entities complained about the fund's
16-21 policies and procedures pertaining to complaint investigation and
16-22 resolution. The fund, at least quarterly and until final
16-23 disposition of the complaint, shall notify the person filing the
16-24 complaint and the persons or entities complained about of the
16-25 status of the complaint unless the notice would jeopardize an
16-26 undercover investigation.
16-27 SECTION 15. Section 21(a), Article 5.76-3, Insurance Code,
17-1 is amended to read as follows:
17-2 (a) The fund is an insurance company for purposes of
17-3 Subtitle A, Title 5, Labor Code (the Texas Workers' Compensation
17-4 Act) <(Article 8308-1.01 et seq., Vernon's Texas Civil Statutes)>.
17-5 SECTION 16. Article 5.76-4, Insurance Code, is amended by
17-6 adding Subsections (g) and (h) to read as follows:
17-7 (g) When acting as insurer of last resort, the fund may
17-8 require an applicant for workers' compensation insurance coverage
17-9 who is identified as a risk for purposes of Subsection (b) of this
17-10 article to insure all business entities that are commonly owned or
17-11 commonly controlled by the applicant. The board may adopt policies
17-12 to implement this subsection.
17-13 (h) The fund shall report the statistical and other
17-14 information developed under Subsection (c) of this article on
17-15 request to the Texas Workers' Compensation Research Center and the
17-16 legislative oversight committee on workers' compensation, or to any
17-17 successor entity for research and oversight of the workers'
17-18 compensation system of this state.
17-19 SECTION 17. (a) The training program adopted under Section
17-20 3A, Article 5.76-3, Insurance Code, as added by this Act, for
17-21 members of the board of directors of the Texas Workers'
17-22 Compensation Insurance Fund applies only to a person who is
17-23 appointed to that board on or after September 1, 1995.
17-24 (b) The president of the fund shall adopt personnel policies
17-25 under Section 6, Article 5.76-3, Insurance Code, as amended by this
17-26 Act, not later than January 1, 1996.
17-27 (c) The change in law made by this Act to Section 10(k),
18-1 Article 5.76-3, Insurance Code, applies only to a fee for a
18-2 follow-up inspection under Section 10(h), Article 5.76-3, Insurance
18-3 Code, conducted on or after the effective date of this Act.
18-4 (d) The change in law made by Section 11A, Article 5.76-3,
18-5 Insurance Code, as added by this Act, applies to information
18-6 maintained in investigation files of the Texas workers'
18-7 compensation insurance fund without regard to the date the
18-8 information is collected, compiled, or developed or otherwise
18-9 becomes part of the investigation file.
18-10 (e) The board of directors of the Texas Workers'
18-11 Compensation Insurance Fund shall adopt a public information system
18-12 under Section 19A, Article 5.76-3, Insurance Code, and a complaint
18-13 resolution system under Section 19B, Article 5.76-3, Insurance
18-14 Code, as added by this Act, not later than January 1, 1996.
18-15 SECTION 18. This Act takes effect September 1, 1995.
18-16 SECTION 19. The importance of this legislation and the
18-17 crowded condition of the calendars in both houses create an
18-18 emergency and an imperative public necessity that the
18-19 constitutional rule requiring bills to be read on three several
18-20 days in each house be suspended, and this rule is hereby suspended.