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.