Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Brimer                                       H.B. No. 3139

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to confidentiality of certain information regarding a

 1-3     workers' compensation claim.

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

 1-5           SECTION 1.  Information [in or derived from a claim file]

 1-6     regarding an employee, including information in or derived from a

 1-7     claim file and information regarding an injured employee's claim,

 1-8     is confidential and may not be disclosed by the commission or any

 1-9     other person or entity except as provided by this subtitle.

1-10           SECTION 2.  Section 402.086(a), Labor Code, is amended to

1-11     read as follows:

1-12           (a)  Information relating to a claim that is confidential

1-13     under this subtitle remains confidential when released to or

1-14     obtained by any person[,] or entity, except when used in court for

1-15     the purposes of an appeal.

1-16           SECTION 3.  Section 407.002, Labor Code, is added to read as

1-17     follows:

1-18           An employer applying to self-insure under Chapter 407 or

1-19     having a Certificate to Self Insure under Chapter 407 may, at any

1-20     time, request that financial statements submitted to the Director

1-21     of Self Insurance Regulation be designated by the Director as

1-22     confidential.  If the Director agrees with the request and grants

1-23     the designation to certain financial statements, the information is

1-24     not open for public disclosure and shall be exempt from the

 2-1     disclosure requirements under Chapter 552, Government Code.

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

 2-3     Subsection (c) to read as follows:

 2-4           (c)  All information received by the division under this

 2-5     section is confidential and may not be released by the commission

 2-6     except as provided by Section 402.085.

 2-7           SECTION 5.  Section 412.005, Labor Code, is amended by adding

 2-8     Subsection (c) to read as follows:

 2-9           (c)  Information relating to an open claim that is reported

2-10     to the director under this section by the office of the attorney

2-11     general is exempt from the disclosure requirements imposed under

2-12     Chapter 552, Government Code.

2-13           SECTION 6.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended,

2-18     and that this Act take effect and be in force from and after its

2-19     passage, and it is so enacted.