By Stiles                                       H.B. No. 3216

      75R8485 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of attorneys representing insurance carriers in

 1-3     certain workers' compensation 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 an attorney

1-20     or adjuster at any proceeding at which a claimant is represented by

1-21     an attorney, including the filing of a request for an appeal or a

1-22     written response to a request for an appeal under Section 410.202.

1-23     An insurance carrier may not be represented by an attorney in a

1-24     proceeding before the commission in which a claimant is a party if

 2-1     that claimant is not represented by an attorney.

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

 2-3     implement and enforce this section.

 2-4           SECTION 2.  This Act takes effect September 1, 1997, and

 2-5     applies only to a workers' compensation proceeding regarding a

 2-6     claim for benefits that is filed with the Texas Workers'

 2-7     Compensation Commission on or after that date.  A claim filed

 2-8     before that date is governed by the law in effect on the date the

 2-9     claim was filed, and the former law is continued in effect for that

2-10     purpose.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.