1-1 By: Brimer, et al. (Senate Sponsor - Armbrister) H.B. No. 1090
1-2 (In the Senate - Received from the House March 13, 1995;
1-3 March 14, 1995, read first time and referred to Committee on State
1-4 Affairs; April 25, 1995, reported favorably by the following vote:
1-5 Yeas 13, Nays 0; April 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Texas Workers'
1-9 Compensation Insurance Fund.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 1(4), Article 5.76-3, Insurance Code, is
1-12 amended to read as follows:
1-13 (4) "Workers' compensation insurance" means the
1-14 insurance for any risk under:
1-15 (A) Subtitle A, Title 5, Labor Code (the Texas
1-16 Workers' Compensation Act); <(Article 8308-1.01 et seq., Vernon's
1-17 Texas Civil Statutes),>
1-18 (B) the Longshore and Harbor Workers'
1-19 Compensation Act (33 U.S.C. Section 901);<,>
1-20 (C) the Federal Mine Safety and Health Act of
1-21 1977 (33 U.S.C. Section 801 et seq.);<,> or
1-22 (D) Chapter 504, Labor Code <Article 8309h,
1-23 Revised Statutes>.
1-24 SECTION 2. Section 2, Article 5.76-3, Insurance Code, is
1-25 amended to read as follows:
1-26 Sec. 2. Creation; operation. (a) The Texas Workers'
1-27 Compensation Insurance Fund is created as a corporate body with the
1-28 powers provided in this article and with all general corporate
1-29 powers incident to its operation as a corporate body.
1-30 (b) Except as otherwise provided by this subsection, the
1-31 fund is subject to the open meetings law, Chapter 551, Government
1-32 Code <271, Acts of the 60th Legislature, Regular Session, 1967
1-33 (Article 6252-17, Vernon's Texas Civil Statutes)>, and the open
1-34 records law, Chapter 552, Government Code <424, Acts of the 63rd
1-35 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
1-36 Texas Civil Statutes)>. The board may hold closed meetings to
1-37 consider and refuse to release information relating to claims,
1-38 rates, the fund's underwriting guidelines, and other information
1-39 that would give advantage to competitors or bidders.
1-40 (c) A decision by the fund to deny, cancel, or refuse to
1-41 renew a policy or risk insured under Article 5.76-4 of this code is
1-42 appealable to the board not later than the 30th day after the date
1-43 on which the affected party received actual notice that the act
1-44 occurred or that the decision was made. The board shall hear the
1-45 appeal not later than the 30th day after the date on which the
1-46 request for hearing is made and shall notify the fund and the
1-47 appellant in writing of the time and place of the hearing not later
1-48 than the 10th day before the date of the hearing. Not later than
1-49 the 30th day after the last day of the hearing, the board shall
1-50 affirm, reverse, or modify the act appealed to the board. A
1-51 hearing under this subsection does not suspend the operation of any
1-52 act, ruling, decision, or order of the fund, unless the board
1-53 specifically so orders.
1-54 (d) A decision of the board under this section <subsection>
1-55 is subject to review by the commissioner of insurance in the manner
1-56 provided by the administrative procedure law, Chapter 2001,
1-57 Government Code <Administrative Procedure and Texas Register Act
1-58 (Article 6252-13a, Vernon's Texas Civil Statutes)>. The
1-59 commissioner's review of a decision by the board does not suspend
1-60 the operation of any act, ruling, decision, or order of the fund
1-61 unless the commissioner specifically so orders on a showing by an
1-62 aggrieved party of:
1-63 (1) immediate, irreparable injury, loss, or damage;
1-64 and
1-65 (2) probable success on the merits.
1-66 (e) A person aggrieved by the decision of the commissioner
1-67 may appeal that decision to the district court. Judicial review
1-68 under this section <subsection> is governed by the substantial
2-1 evidence rule.
2-2 (f) <(d)> The fund is subject to Chapter 325, Government
2-3 Code (Texas Sunset Act). Unless continued in effect as provided by
2-4 that chapter, the fund is abolished September 1, 2007 <1995>.
2-5 (g) <(e)> In addition to other rights of the fund under this
2-6 article, the fund has the legal rights of a private person in this
2-7 state and the power to sue in its own name. No procedure
2-8 established under this article is a prerequisite to the exercise of
2-9 the power by the fund to sue.
2-10 (h) The fund shall prepare annually a complete and detailed
2-11 written report accounting for all funds received and disbursed by
2-12 the fund during the preceding fiscal year. The annual report must
2-13 meet the reporting requirements applicable to financial reporting
2-14 provided by the General Appropriations Act.
2-15 SECTION 3. Section 3, Article 5.76-3, Insurance Code, is
2-16 amended to read as follows:
2-17 Sec. 3. BOARD OF DIRECTORS. (a) The fund is governed by a
2-18 board of directors composed of nine members, all of whom shall be
2-19 citizens of this state. The members shall be appointed by the
2-20 governor with the advice and consent of the senate, and vacancies
2-21 shall be filled in the same manner. The members of the board of
2-22 directors serve staggered six-year terms, with the terms of three
2-23 members expiring February 1 of each odd-numbered year.
2-24 (b) Except as provided by Subsection (c) of this section, to
2-25 be eligible for appointment as a member of the board a person must
2-26 be a policyholder of the fund or an officer or employee of a
2-27 policyholder and must maintain that status during the period of
2-28 service on the board. Failure to maintain that status disqualifies
2-29 the board member and creates a vacancy on the board.
2-30 (c) The initial appointees to the board must be employers in
2-31 this state.
2-32 (d) In making appointments to the board, the governor shall
2-33 attempt to reflect the social, geographic, and economic diversity
2-34 of the state. To ensure balanced representation, the governor may
2-35 consider the geographic location of a prospective appointee's
2-36 domicile and the prospective appointee's experience in business and
2-37 insurance matters and shall consider those factors in appointing
2-38 members to fill vacancies on the board. Appointments to the board
2-39 shall be made without regard to the race, color, disability, sex,
2-40 religion, age, or national origin of the appointees.
2-41 (e) A person may not serve as a member of the board if the
2-42 person, an individual related to the person within the second
2-43 degree by consanguinity or affinity, or an individual residing in
2-44 the same household with the person:
2-45 (1) is required to be registered or licensed under
2-46 this code;
2-47 (2) is employed by or acts as a consultant to a person
2-48 required to be registered or licensed under this code;
2-49 (3) owns, controls, has a financial interest in, or
2-50 participates in the management of an organization required to be
2-51 registered or licensed under this code;
2-52 (4) receives a substantial tangible benefit from the
2-53 fund or the Texas Department of Insurance; or
2-54 (5) is an officer, employee, or consultant of an
2-55 association in the field of insurance<; or>
2-56 <(6) is required to register as a lobbyist under
2-57 Chapter 305, Government Code>.
2-58 (f) It is a ground for removal from the board if a member:
2-59 (1) does not have at the time of appointment the
2-60 qualifications required by Subsection (b) of this section;
2-61 (2) does not maintain during service on the board the
2-62 qualifications required by Subsection (b) of this section;
2-63 (3) cannot because of illness or disability discharge
2-64 the member's duties for a substantial part of the term for which
2-65 the member is appointed; or
2-66 (4) is absent from more than half of the regularly
2-67 scheduled board meetings that the member is eligible to attend
2-68 during a calendar year.
2-69 (g) The validity of an action of the board is not affected
2-70 by the fact that it is taken when a ground for removal of a board
3-1 member exists.
3-2 (h) If the president has knowledge that a potential ground
3-3 for removal exists, the president shall notify the chairman of the
3-4 board of the potential ground. The chairman shall then notify the
3-5 governor and the attorney general that a potential ground for
3-6 removal exists. If the potential ground for removal involves the
3-7 chairman, the president shall notify the next highest officer of
3-8 the board, who shall notify the governor and the attorney general
3-9 that a potential ground for removal exists.
3-10 (i) Subsection (e) of this section does not prohibit a
3-11 person who is only a consumer of insurance or insurance products
3-12 from serving as a member of the board.
3-13 (j) <(g)> A person who is ineligible to serve on the board
3-14 under Subsection (e) of this section may not serve as a member of
3-15 the board for one year after the date on which the condition that
3-16 makes the person ineligible ends.
3-17 (k) <(h)> Each member shall receive actual and necessary
3-18 travel expenses and expenses incurred in the performance of the
3-19 member's duties as a member.
3-20 (l) <(i)> The governor shall designate a member of the board
3-21 as the chairman of the board to serve in that capacity at the
3-22 pleasure of the governor. The members of the board shall elect
3-23 annually from their number a <chairman, a> vice-chairman<,> and a
3-24 secretary.
3-25 (m) <(j)> The board shall hold meetings at least once each
3-26 month and at other times at the call of the chairman and at times
3-27 established by board rule. Special meetings may be called by any
3-28 two members of the board on two days notice.
3-29 (n) <(k)> A majority of the board members constitutes a
3-30 quorum.
3-31 (o) <(l)> The board shall maintain the principal office of
3-32 the fund in Austin, Texas.
3-33 (p) <(m)> For cost control purposes and as is determined to
3-34 be cost-effective, as many functions as possible shall be performed
3-35 by the fund.
3-36 (q) A person may not serve as a member of the board or act
3-37 as the general counsel to the board or the fund if the person is
3-38 required to register as a lobbyist under Chapter 305, Government
3-39 Code, because of the person's activities for compensation on behalf
3-40 of any person or entity other than the fund.
3-41 (r) The board shall develop and implement policies that
3-42 clearly separate the policymaking responsibilities of the board and
3-43 the management responsibilities of the president and the staff of
3-44 the fund.
3-45 SECTION 4. Article 5.76-3, Insurance Code, is amended by
3-46 adding Section 3A to read as follows:
3-47 Sec. 3A. TRAINING PROGRAM FOR BOARD MEMBERS. (a) Before a
3-48 member of the board may assume the member's duties, the member must
3-49 complete the training program established under this section.
3-50 (b) A training program established under this section shall
3-51 provide information to the member regarding:
3-52 (1) the enabling legislation that created the fund and
3-53 the board;
3-54 (2) the programs operated by the fund;
3-55 (3) the role and functions of the fund;
3-56 (4) the current budget for the fund;
3-57 (5) the results of the most recent independent audit
3-58 of the fund;
3-59 (6) the requirements of:
3-60 (A) the open meetings law, Chapter 551,
3-61 Government Code; and
3-62 (B) the open records law, Chapter 552,
3-63 Government Code;
3-64 (7) the requirements of the conflict of interest laws
3-65 and other laws relating to members of the board; and
3-66 (8) any applicable ethics policies adopted by the fund
3-67 or the Texas Ethics Commission.
3-68 SECTION 5. Section 4, Article 5.76-3, Insurance Code, is
3-69 amended by adding Subsections (c), (d), and (e) to read as follows:
3-70 (c) The board shall appoint an internal auditor in
4-1 compliance with Chapter 2102, Government Code. The internal
4-2 auditor serves at the pleasure of the board.
4-3 (d) If the fund obtains legal services through the use of
4-4 outside counsel, the attorney general shall annually review the use
4-5 of outside counsel by the fund to ensure that:
4-6 (1) the use of outside counsel does not result in a
4-7 conflict of interest; and
4-8 (2) the persons used as outside counsel comply with
4-9 state and federal policies regarding the treatment of persons who
4-10 are members of minority groups.
4-11 (e) The board shall provide requested information to
4-12 appropriate legislative committees in the manner requested by those
4-13 committees.
4-14 SECTION 6. Section 6, Article 5.76-3, Insurance Code, is
4-15 amended by adding Subsections (f)-(l) to read as follows:
4-16 (f) The president shall develop a career ladder program that
4-17 addresses opportunities for mobility and advancement for employees
4-18 within the fund. The program shall require internal posting of all
4-19 positions concurrently with any public posting.
4-20 (g) The president shall develop a system of annual
4-21 performance evaluations that are based on documented employee
4-22 performance. All merit pay for fund employees must be based on the
4-23 system established under this subsection.
4-24 (h) The president shall prepare and maintain a written
4-25 policy statement to assure implementation of a program of equal
4-26 employment opportunity under which all personnel transactions are
4-27 made without regard to race, color, disability, sex, religion, age,
4-28 or national origin. The policy statement must include:
4-29 (1) personnel policies, including policies relating to
4-30 recruitment, evaluation, selection, appointment, training, and
4-31 promotion of personnel that are in compliance with the requirements
4-32 of Chapter 21, Labor Code;
4-33 (2) a comprehensive analysis of the fund workforce
4-34 that meets federal and state guidelines;
4-35 (3) procedures by which a determination can be made
4-36 about the extent of underuse in the fund workforce of all persons
4-37 for whom federal or state guidelines encourage a more equitable
4-38 balance; and
4-39 (4) reasonable methods to appropriately address those
4-40 areas of underuse.
4-41 (i) A policy statement prepared under Subsection (h) of this
4-42 section must:
4-43 (1) cover an annual period;
4-44 (2) be updated annually;
4-45 (3) be reviewed annually by the Commission on Human
4-46 Rights for compliance with Subsection (h)(1); and
4-47 (4) be filed with the governor's office.
4-48 (j) The governor's office shall deliver a biennial report to
4-49 the legislature based on the information received under Subsection
4-50 (i) of this section. The report may be made separately or as a
4-51 part of other biennial reports made to the legislature.
4-52 (k) The president shall provide to members of the board and
4-53 to fund employees, as often as necessary, information regarding
4-54 their qualification for office or employment under this article and
4-55 their responsibilities under applicable laws relating to standards
4-56 of conduct for board members or employees.
4-57 (l) In hiring employees for the fund under this article, the
4-58 president shall ensure that the fund complies with the minority
4-59 hiring practices guidelines adopted for state agencies and
4-60 institutions by the General Appropriations Act.
4-61 SECTION 7. Section 7, Article 5.76-3, Insurance Code, is
4-62 amended by adding Subsections (f) and (g) to read as follows:
4-63 (f) Notwithstanding any other provision of this code or
4-64 another insurance law of this state, the fund is not required to
4-65 appoint a local recording agent to act as an agent for the fund.
4-66 An agent transacting business with the fund does so as an agent for
4-67 the applicant and not as an agent for the fund.
4-68 (g) Information submitted to the fund by a licensed agent on
4-69 behalf of an employer, including a policy expiration date, is the
4-70 work product of that agent, and the fund may not use that
5-1 information in any marketing or direct sales activity. Except as
5-2 required or permitted by the open records law, Chapter 552,
5-3 Government Code, the fund may not provide information obtained from
5-4 a licensed agent to any other licensed agent. This subsection does
5-5 not prevent an employer from designating another licensed agent or
5-6 the fund as the agent of record and does not prevent the fund from
5-7 using the information submitted to the fund under this subsection
5-8 for the purpose of underwriting or fraud investigation. The fund
5-9 shall adopt reasonable guidelines in the plan of operation to
5-10 implement this subsection.
5-11 SECTION 8. Sections 10(k) and (l), Article 5.76-3, Insurance
5-12 Code, are amended to read as follows:
5-13 (k) The commission shall charge the policyholder for the
5-14 reasonable cost of services provided under Subsections (e), <and>
5-15 (f), and (h) of this section. The fees for those services shall be
5-16 set at a cost-reimbursement level including a reasonable allocation
5-17 of the commission's administrative costs.
5-18 (l) The compliance and practices division of the commission
5-19 shall enforce compliance with this section through the
5-20 administrative violation proceedings under Chapter 415, Labor Code
5-21 <Article 10, Texas Workers' Compensation Act (Article 8308-10.01 et
5-22 seq., Vernon's Texas Civil Statutes)>.
5-23 SECTION 9. Sections 11(a) and (b), Article 5.76-3,
5-24 Insurance Code, are amended to read as follows:
5-25 (a) The fund shall develop and implement a program to
5-26 identify and investigate fraud and violations of this code relating
5-27 to workers' compensation insurance by an applicant, policyholder,
5-28 claimant, agent, <or> insurer, health care provider, or other
5-29 person. The fund shall contract with the commission to compile
5-30 and maintain information necessary to detect practices or patterns
5-31 of conduct that violate this code relating to the workers'
5-32 compensation insurance or Subtitle A, Title 5, Labor Code (the
5-33 Texas Workers' Compensation Act <(Article 8308-1.01 et seq.,
5-34 Vernon's Texas Civil Statutes>).
5-35 (b) The fund may conduct investigations of <shall refer all>
5-36 cases of suspected fraud and violations of this code relating to
5-37 workers' compensation insurance. The fund shall:
5-38 (1) coordinate its investigations with those conducted
5-39 by the commission to avoid duplication of efforts; and
5-40 (2) refer cases that are not resolved by the fund to
5-41 the commission to:
5-42 (A) <(1)> perform any further investigations
5-43 that are necessary under the circumstances;
5-44 (B) <(2)> conduct administrative violation
5-45 proceedings; and
5-46 (C) <(3)> assess and collect penalties and
5-47 restitution.
5-48 SECTION 10. Article 5.76-3, Insurance Code, is amended by
5-49 adding Section 11A to read as follows:
5-50 Sec. 11A. INVESTIGATION FILES CONFIDENTIAL.
5-51 (a) Information maintained in the investigation files of the fund
5-52 is confidential and may not be disclosed except:
5-53 (1) in a criminal proceeding;
5-54 (2) in a hearing conducted by the fund or the
5-55 commission;
5-56 (3) on a judicial determination of good cause; or
5-57 (4) to a governmental agency, political subdivision,
5-58 or regulatory body if the disclosure is necessary or proper for the
5-59 enforcement of the laws of this or another state or of the United
5-60 States.
5-61 (b) Fund investigation files are not open records for
5-62 purposes of the open records law, Chapter 552, Government Code.
5-63 (c) Information in an investigation file that is information
5-64 in or derived from a claim file, or an employer injury report or
5-65 occupational disease report, is governed by the confidentiality
5-66 provisions relating to that information.
5-67 (d) For purposes of this section, "investigation file" means
5-68 any information compiled or maintained by the fund with respect to
5-69 a fund investigation authorized by law.
5-70 SECTION 11. Section 16, Article 5.76-3, Insurance Code, is
6-1 amended to read as follows:
6-2 Sec. 16. CANCELLATION AND NONRENEWAL. The fund may cancel
6-3 or refuse to renew coverage on a policyholder as provided by
6-4 Section 406.008, Labor Code <in Section 3.28, Texas Workers'
6-5 Compensation Act (Article 8308-3.28, Vernon's Texas Civil
6-6 Statutes)>.
6-7 SECTION 12. Section 17(a), Article 5.76-3, Insurance Code,
6-8 is amended to read as follows:
6-9 (a) Not later than March 1 of each subsequent year <the 30th
6-10 day after the date on which the fund's fiscal year ends>, the board
6-11 shall publish a report analyzing the fund's activities and fiscal
6-12 condition during the preceding fiscal year and shall file the
6-13 report with the Texas Department of Insurance. The board shall
6-14 have an independent audit made of the annual <each such> report.
6-15 SECTION 13. Article 5.76-3, Insurance Code, is amended by
6-16 adding Section 17A to read as follows:
6-17 Sec. 17A. ADDITIONAL AUDIT REQUIREMENTS; INTERNAL AUDIT
6-18 REPORT. (a) The state auditor shall periodically identify issues
6-19 related to the operational efficiency, effectiveness, and statutory
6-20 compliance of the fund. The fund shall include all issues
6-21 identified by the state auditor in the fund's annual independent
6-22 and internal audit plans.
6-23 (b) Each person who conducts an independent audit or
6-24 internal audit of the fund shall send a copy of the audit report
6-25 prepared by the person to the office of the state auditor. The
6-26 state auditor shall summarize the audit reports presented under
6-27 this subsection in an annual memorandum to the Legislative Audit
6-28 Committee.
6-29 (c) The internal auditor appointed under Section 4 of this
6-30 article shall submit the internal audit report directly to the
6-31 board and shall provide a summary of the report to the governor,
6-32 lieutenant governor, and speaker of the house of representatives.
6-33 The internal auditor's summary report must include an analysis of
6-34 the use by the fund of historically underutilized businesses. For
6-35 purposes of this subsection, "historically underutilized business"
6-36 has the meaning assigned by Section 1.02, State Purchasing and
6-37 General Services Commission Act (Article 601b, Vernon's Texas Civil
6-38 Statutes).
6-39 SECTION 14. Article 5.76-3, Insurance Code, is amended by
6-40 adding Sections 19A and 19B to read as follows:
6-41 Sec. 19A. PUBLIC INFORMATION; ACCESSIBILITY. (a) The fund
6-42 shall prepare information of public interest describing the
6-43 functions of the fund and the procedures by which complaints are
6-44 filed with and resolved by the fund. The fund shall make the
6-45 information available to the public and appropriate state agencies.
6-46 (b) The board shall establish methods by which consumers and
6-47 service recipients are notified of the name, mailing address, and
6-48 telephone number of the fund for the purpose of directing
6-49 complaints to the fund. The board may provide for that
6-50 notification:
6-51 (1) by a supplement or endorsement to a written
6-52 policy;
6-53 (2) on a sign prominently displayed in the place of
6-54 business of each regional office of the fund; or
6-55 (3) in a bill for services provided by the fund.
6-56 (c) The fund shall comply with federal and state laws
6-57 related to program and facility accessibility. The president shall
6-58 also prepare and maintain a written plan that describes how a
6-59 person who does not speak English can be provided reasonable access
6-60 to the fund's programs and services.
6-61 (d) The board shall develop and implement policies that
6-62 provide the public with a reasonable opportunity to appear before
6-63 the board and to speak on any issue under the jurisdiction of the
6-64 fund.
6-65 Sec. 19B. COMPLAINT RESOLUTION. (a) The fund shall keep
6-66 information about each written complaint submitted to the fund.
6-67 The information shall include:
6-68 (1) the date the complaint is received;
6-69 (2) the name of the complainant;
6-70 (3) the subject matter of the complaint;
7-1 (4) a record of all persons contacted in relation to
7-2 the complaint;
7-3 (5) a summary of the results of the review or
7-4 investigation of the complaint; and
7-5 (6) for complaints for which the fund took no action,
7-6 an explanation of the reason the complaint was closed without
7-7 action.
7-8 (b) For each written complaint that the fund has authority
7-9 to resolve, the fund shall provide to the person filing the
7-10 complaint and the persons or entities complained about the fund's
7-11 policies and procedures pertaining to complaint investigation and
7-12 resolution. The fund, at least quarterly and until final
7-13 disposition of the complaint, shall notify the person filing the
7-14 complaint and the persons or entities complained about of the
7-15 status of the complaint unless the notice would jeopardize an
7-16 undercover investigation.
7-17 SECTION 15. Section 21(a), Article 5.76-3, Insurance Code,
7-18 is amended to read as follows:
7-19 (a) The fund is an insurance company for purposes of
7-20 Subtitle A, Title 5, Labor Code (the Texas Workers' Compensation
7-21 Act) <(Article 8308-1.01 et seq., Vernon's Texas Civil Statutes)>.
7-22 SECTION 16. Article 5.76-4, Insurance Code, is amended by
7-23 adding Subsections (g) and (h) to read as follows:
7-24 (g) If the fund suspects fraud or identifies conditions that
7-25 may result in acts of fraud, the fund may require an applicant for
7-26 workers' compensation insurance coverage who is identified as a
7-27 risk for purposes of Subsection (b) of this article to insure all
7-28 business entities that are commonly owned or commonly controlled by
7-29 the applicant.
7-30 (h) The fund shall report the statistical and other
7-31 information developed under Subsection (c) of this article on
7-32 request to the Texas Workers' Compensation Research Center and the
7-33 legislative oversight committee on workers' compensation, or to any
7-34 successor entity for research and oversight of the workers'
7-35 compensation system of this state.
7-36 SECTION 17. (a) The training program adopted under Section
7-37 3A, Article 5.76-3, Insurance Code, as added by this Act, for
7-38 members of the board of directors of the Texas Workers'
7-39 Compensation Insurance Fund applies only to a person who is
7-40 appointed to that board on or after September 1, 1995.
7-41 (b) The president of the fund shall adopt personnel policies
7-42 under Section 6, Article 5.76-3, Insurance Code, as amended by this
7-43 Act, not later than January 1, 1996.
7-44 (c) The change in law made by this Act to Section 10(k),
7-45 Article 5.76-3, Insurance Code, applies only to a fee for a
7-46 follow-up inspection under Section 10(h), Article 5.76-3, Insurance
7-47 Code, conducted on or after the effective date of this Act.
7-48 (d) The change in law made by Section 11A, Article 5.76-3,
7-49 Insurance Code, as added by this Act, applies to information
7-50 maintained in investigation files of the Texas workers'
7-51 compensation insurance fund without regard to the date the
7-52 information is collected, compiled, or developed or otherwise
7-53 becomes part of the investigation file.
7-54 (e) The board of directors of the Texas Workers'
7-55 Compensation Insurance Fund shall adopt a public information system
7-56 under Section 19A, Article 5.76-3, Insurance Code, and a complaint
7-57 resolution system under Section 19B, Article 5.76-3, Insurance
7-58 Code, as added by this Act, not later than January 1, 1996.
7-59 SECTION 18. This Act takes effect September 1, 1995.
7-60 SECTION 19. The importance of this legislation and the
7-61 crowded condition of the calendars in both houses create an
7-62 emergency and an imperative public necessity that the
7-63 constitutional rule requiring bills to be read on three several
7-64 days in each house be suspended, and this rule is hereby suspended.
7-65 * * * * *