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.