Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Counts                                       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 402.042, Labor Code, is amended by adding

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

 1-7           (d)  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(c), Labor Code, is amended to

2-21     read as follows:

2-22           (c)  A review of a medical service under this section shall

2-23     be provided by a health care provider professional review

2-24     organization if requested by the health care practitioner or if

2-25     ordered by the commission.  A part, other than an injured worker,

2-26     who does not prevail at a medical dispute resolution review shall

2-27     pay the reasonable  administrative costs incurred by the commission

2-28     in conducting the review.  The commission shall not require

2-29     reimbursement for the costs of a review in which an injured worker

2-30     does not prevail in the review.

 3-1           SECTION 6.  Section 414.004(c), Labor Code, is amended to

 3-2     read as follows:

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

 3-4     person or entity with whom the carrier has contracted to provide,

 3-5     review, or monitor services, [other than a governmental entity,]

 3-6     shall pay the reasonable expenses, including travel expenses, of an

 3-7     auditor who audits the workers' compensation records [at the

 3-8     office] of the insurance carrier.

 3-9           SECTION 7.  This Act takes effect September 1, 1997, and

3-10     applies only to a claim for workers' compensation benefits filed on

3-11     or after that date.  A claim for benefits filed before the

3-12     effective date of this Act is governed by the law in effect on the

3-13     date the claim was filed, and the former law is continued in effect

3-14     for that purpose.

3-15           SECTION 8.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended,

3-20     and that this Act take effect and be in force from and after its

3-21     passage, and it is so enacted.