By Brimer                                             H.B. No. 3139

         Substitute the following for H.B. No. 3139:

         By Janek                                          C.S.H.B. No. 3139

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to confidentiality of certain workers' compensation

 1-3     information.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 402.083(a) Labor Code, is amended as

 1-6     follows:

 1-7           Information [in or derived from a claim file] regarding an

 1-8     employee's workers' compensation injury, including information in

 1-9     or derived from a claim file and information regarding an injured

1-10     employee's claim, is confidential and may not be disclosed by the

1-11     commission or any other person or entity except as provided by this

1-12     subtitle.

1-13           SECTION 2.  Section 402.086(a), Labor Code, is amended to

1-14     read as follows:

1-15           (a)  Information relating to a claim that is confidential

1-16     under this subtitle remains confidential when released to or

1-17     obtained by any person[,] or entity, except when used in court for

1-18     the purposes of an appeal.

1-19           SECTION 3.  Section 407.002, Labor Code, is added to read as

1-20     follows:

1-21           An employer applying to self-insure under Chapter 407 or

1-22     having a Certificate to Self Insure under Chapter 407 may, at any

1-23     time, request that financial statements submitted to the Director

1-24     of Self Insurance Regulation be designated by the Director as

 2-1     confidential.  If the Director agrees with the request and grants

 2-2     the designation to certain financial statements, the information is

 2-3     not open for public disclosure and shall be exempt from the

 2-4     disclosure requirements under Chapter 552, Government Code.

 2-5           SECTION 4.  Section 411.081, Labor Code, is amended by adding

 2-6     Subsection (c) to read as follows:

 2-7           (c)  [All information received by the division under this

 2-8     section is confidential and may not be released by the commission

 2-9     except as provided by Section 402.085.]  All information contained

2-10     in the commission's files regarding reports made through the

2-11     telephone hotline, including the identity of a person who reports a

2-12     violation under this subsection, is confidential for purposes of

2-13     Chapter 552, Government Code, and may not be disclosed to the

2-14     public or released by the commission except as provided by Section

2-15     402.085.

2-16           SECTION 5.  Section 412.005, Labor Code, is amended by adding

2-17     Subsection (c) to read as follows:

2-18           (c)  Information relating to an open claim that is reported

2-19     to the director under this section by the office of the attorney

2-20     general is exempt from the disclosure requirements imposed under

2-21     Chapter 552, Government Code.

2-22           SECTION 6.  This Act takes effect September 1, 1997.

2-23           SECTION 7.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule s hereby suspended,

 3-1     and that this Act take effect and be in force from and after its

 3-2     passage and it is so enacted.