By Brimer                                             H.B. No. 3161

         Substitute the following for H.B. No. 3161:

         By Woolley                                        C.S.H.B. No. 3161

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to medical examinations required for an employee who may

 1-3     be entitled to workers' compensation benefits.

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

 1-5           SECTION 1.  Section 408.004(b), Labor Code, is amended to

 1-6     read as follows:

 1-7           (b)  The commission may require an employee to submit to a

 1-8     medical examination at the request of the insurance carrier, but

 1-9     only after the insurance carrier has attempted and failed to

1-10     receive the permission and concurrence of the employee for the

1-11     examination.  Except as otherwise provided by this subsection, the

1-12     [The] insurance carrier is entitled to the examination only once in

1-13     a 180-day period.  The commission may adopt rules that require an

1-14     employee to submit to more than one medical examination in a

1-15     180-day period under specified circumstances, including to

1-16     determine whether there has been a change in the employee's

1-17     condition, whether it is necessary to change the employee's

1-18     diagnosis, and whether treatment should be extended to another body

1-19     part or system.  A subsequent examination must be performed by the

1-20     same doctor unless otherwise approved by the commission.

1-21           SECTION 2.  Section 408.004, Labor Code, is amended to add a

1-22     new subsection (g) to read as follows:

1-23           (g)  An insurance carrier who unreasonably requests a medical

1-24     examination under subsection (b) commits a violation.  A violation

 2-1     under this subsection is a Class B administrative violation.

 2-2           SECTION 3.  This Act takes effect on September 1, 1997, and

 2-3     applies to dates of injury on or after that date.  For dates of

 2-4     injury prior to the effective date of this Act, the former law is

 2-5     continued in effect.

 2-6           SECTION 4.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended,

2-11     and that this Act take effect and be in force from and after its

2-12     passage, and it is so enacted.