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.