GEC C.S.H.B. 3201 75(R) BILL ANALYSIS BUSINESS & INDUSTRY C.S.H.B. 3201 By: Counts 3-28-97 Committee Report (Substituted) BACKGROUND Allowing agencies to charge fees for certain services they provide to the public or other agencies is one way agencies can maintain their services in this time of dwindling budgets and increasing costs. PURPOSE This proposed legislation allows the Texas Workers' Compensation Commission (commission) to charge fees for costs it incurs in providing certain services to the public. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Section 402.064, Texas Labor Code, is amended by adding a new subsection (b) to allow the commission to charge an entity for the cost of manual data entry in the event the executive director waives the requirement for the entity to electronically submit data. SECTION 2. Section 402.073, Texas Labor Code, is amended by adding: a. a new subsection (d) that allows the commission to charge the fee required by the State Office of Administrative Hearings for a hearing to (1) the party who requested the administrative hearing if the case settles prior to a hearing, (2) the party who did not prevail at the hearing, or (3) to both parties in the event of a split decision; and b. a new subsection (e) that requires the commission to pay the hearing fee for the injured employee. SECTION 3. Section 407.082(d), Texas Labor Code, is amended to require a certified selfinsurer to reimburse the commission for all reasonable costs of an inspection of its books, records, and payroll information, including pre- and post-inspection costs. SECTION 4. Section 411.064 is amended by adding a new subsection (b) to require an insurance company to reimburse the commission for the reasonable costs incurred to conduct initial and subsequent inspections of the carrier's accident prevention services. SECTION 5. Section 413.031 is amended by adding a new subsection (d) to require a party, other than an injured worker, who does not prevail at a medical dispute resolution review to reimburse the commission for the reasonable administrative costs incurred to conduct the review. The commission will absorb the cost of the review for the injured worker. Section 413.031 is further amended by relettering subsection (d) as subsection (e). SECTION 6. Section 414.004(c) is amended to require an insurance carrier or its agent, as well as a governmental entity in its capacity as an insurer, to reimburse the commission for all reasonable expenses of a commission auditor. SECTION 7. Sets September 1, 1997 as the effective date of the Act. SECTION 8. Suspends three day rule. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 - changes cite from Section 402.042(d), Labor Code to Section 402.064(b). SECTION 5 - deletes the last two sentences of subsection (c) and moves them to a new subsection (d). Current (d) becomes (e). SECTION 7 - deletes unnecessary language concerning effective date.