By Stiles, Brimer                                     H.B. No. 3216

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to representation in certain workers' compensation

 1-3     proceedings.

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

 1-5           SECTION 1.  Section 410.006, Labor Code, is amended to read

 1-6     as follows:

 1-7           Sec. 410.006.  REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS;

 1-8     MOTIONS FILED WITH APPEALS PANEL.  (a)  A claimant may be

 1-9     represented at a benefit review conference, a contested case

1-10     hearing, or arbitration by an attorney or may be assisted by an

1-11     individual of the claimant's choice who does not work for an

1-12     attorney or receive a fee.  An employee of an attorney may

1-13     represent a claimant if that employee:

1-14                 (1)  is a relative of the claimant;  and

1-15                 (2)  does not receive a fee.

1-16           (b)  A claimant may use the services of a person described by

1-17     Subsection (a) to file a request for an appeal or a written

1-18     response to a request for an appeal under Section 410.202.

1-19           (c)  An insurance carrier may be represented by any employee

1-20     or by an attorney or adjuster who is not an employee, except that

1-21     an insurance carrier may not be represented by an attorney in a

1-22     proceeding before the commission in which a claimant is a party if

1-23     that claimant is not represented by an attorney.

1-24           (d)  Notwithstanding any other provision of this title, an

 2-1     employer of a claimant may be represented by a person who is not an

 2-2     attorney at any proceeding at which a claimant is entitled to be

 2-3     represented under Subsection (a).  For purposes of this subsection,

 2-4     "employer" includes a person who was the employer of the claimant

 2-5     at the time the compensable injury occurred.

 2-6           (e)  The commission shall adopt rules as necessary to

 2-7     implement and enforce this section.

 2-8           SECTION 2.  This Act takes effect September 1, 1997, and

 2-9     applies only to a workers' compensation proceeding regarding a

2-10     claim for benefits that is filed with the Texas Workers'

2-11     Compensation Commission on or after that date.  A claim filed

2-12     before that date is governed by the law in effect on the date the

2-13     claim was filed, and the former law is continued in effect for that

2-14     purpose.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.