By Counts, Brimer                                     H.B. No. 3201

         Substitute the following for H.B. No. 3201:

         By Rhodes                                         C.S.H.B. No. 3201

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of certain expenses and fees incurred in

 1-3     conjunction with the operation of the workers' compensation system.

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

 1-5           SECTION 1.  Section 402.064, Labor Code, is amended by adding

 1-6     Subsection (b) to read as follows:

 1-7           (b)  (If the executive director waives a requirement that an

 1-8     entity transmit information to the commission electronically, the

 1-9     commission shall prescribe a fee to be paid by the entity to cover

1-10     the cost incurred to enter the information manually.

1-11           SECTION 2.  Section 402.073, Labor Code, is amended by adding

1-12     Subsections (d) and (e) to read as follows:

1-13           (d)  The commission shall require payment by the following

1-14     parties of the fee imposed by State Office of Administrative

1-15     Hearings:

1-16                 (1)  the party who requested an administrative hearing,

1-17     if the proceeding is settled before the hearing is conducted;

1-18                 (2)  the party who does not prevail at the

1-19     administrative hearing; or

1-20                 (3)  both parties equally, if neither party prevails

1-21     over the other party at the administrative hearing.

1-22           (e)  Notwithstanding Subsection (d), if the party is the

1-23     injured worker, the commission shall pay the fee imposed by the

1-24     State Office of Administrative Hearings.

 2-1           SECTION 3.  Section 407.082(d), Labor Code, is amended to

 2-2     read as follows:

 2-3           (d)  The examination may be conducted at any location,

 2-4     including the commission's Austin office, or, at the certified

 2-5     self-insurer's option, in the offices of the certified

 2-6     self-insurer.  The certified self-insurer shall pay the reasonable

 2-7     expenses, including travel expenses, of an inspector who conducts

 2-8     an inspection [at its offices].

 2-9           SECTION 4.  Section 411.064, Labor Code, is amended to read

2-10     as follows:

2-11           Sec. 411.064.  INSPECTIONS.  (a)  The division shall conduct

2-12     an inspection at least every two years to determine the adequacy of

2-13     the accident prevention services required by Section 411.061 for

2-14     each insurance company writing workers' compensation insurance in

2-15     this state.

2-16           (b)  The commission shall require the insurance company to

2-17     reimburse the commission for the reasonable costs incurred in

2-18     inspecting the company's accident prevention services under this

2-19     section.

2-20           SECTION 5.  Section 413.031, Labor Code, is amended by adding

2-21     a new subsection (d) to read as follows:

2-22           (d)  A party, other than an injured worker, who does not

2-23     prevail at a medical dispute resolution review shall pay the

2-24     reasonable administrative costs incurred by the commission in

2-25     conducting the review.  The commission shall not require

2-26     reimbursement for the costs of a review in which an injured worker

2-27     does not prevail in the review.

 3-1           Change subsection (d) to (e).

 3-2           SECTION 6.  Section 414.004(c), Labor Code, is amended to

 3-3     read as follows:

 3-4           (c)  The insurance carrier, an agent of the carrier, and any

 3-5     person or entity with whom the carrier has contracted to provide,

 3-6     review, or monitor services, [other than a governmental entity,]

 3-7     shall pay the reasonable expenses, including travel expenses, of an

 3-8     auditor who audits the workers' compensation records [at the

 3-9     office] of the insurance carrier.

3-10           SECTION 7.  This Act takes effect September 1, 1997.

3-11           SECTION 8.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended,

3-16     and that this Act take effect and be in force from and after its

3-17     passage, and it is so enacted.