By Nelson S.B. No. 41
75R590 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a discount on workers' compensation insurance premiums
1-3 for certain employers who maintain a drug-free workplace.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 5, Insurance Code, is
1-6 amended by adding Article 5.55A to read as follows:
1-7 Art. 5.55A. PREMIUM DISCOUNT FOR EMPLOYERS WITH DRUG-FREE
1-8 WORKPLACE. (a) In this article, "insurer" means a stock company,
1-9 mutual company, reciprocal, interinsurance exchange, Lloyd's
1-10 association, or other entity authorized to write workers'
1-11 compensation insurance in this state. The term includes the Texas
1-12 workers' compensation insurance facility and the Texas workers'
1-13 compensation insurance fund.
1-14 (b) This article applies to an employer who holds a
1-15 certificate of a drug-free workplace issued by the Texas Workers'
1-16 Compensation Commission under Section 411.092, Labor Code.
1-17 (c) The commissioner by rule shall adopt a plan under which
1-18 each insurer shall grant a discount to an employer subject to
1-19 Subsection (b) of this article who obtains workers' compensation
1-20 insurance coverage from that insurer and applies for the discount
1-21 in the manner prescribed by the commissioner. The insurer shall
1-22 grant a discount of five percent on the amount of the employer's
1-23 workers' compensation premium.
1-24 (d) A discount established under this article is valid for
2-1 the term of the policy or contract of insurance. On renewal of the
2-2 policy or contract, the employer must reapply for the discount in
2-3 the manner prescribed by the commissioner.
2-4 (e) A discount under this article is in addition to any
2-5 other premium discount to which the employer is eligible under this
2-6 code.
2-7 SECTION 2. Subchapter G, Chapter 411, Labor Code, is amended
2-8 to read as follows:
2-9 SUBCHAPTER G. POLICY FOR ELIMINATION OF DRUGS
2-10 IN THE WORKPLACE; CERTIFICATION PROGRAM
2-11 Sec. 411.091. ADOPTION AND DISTRIBUTION OF DRUG ABUSE POLICY
2-12 BY EMPLOYER. (a) Each employer [with 15 or more employees] who
2-13 has workers' compensation insurance coverage shall adopt a policy
2-14 designed to eliminate drug abuse and its effects in the workplace.
2-15 (b) The employer shall distribute a written copy of the
2-16 policy to each employee.
2-17 Sec. 411.092. CERTIFICATION PROGRAM. (a) In addition to
2-18 the drug abuse policy required under Section 411.091, an employer
2-19 who has workers' compensation insurance coverage may adopt a
2-20 drug-free workplace program under this section. The commission
2-21 shall issue a certificate to each employer maintaining a program
2-22 adopted under this section who is determined by the commission,
2-23 after an investigation by the division, to meet the requirements of
2-24 Subsection (b).
2-25 (b) To qualify for certification as a drug-free workplace,
2-26 the employer must:
2-27 (1) maintain a resource file of providers of employee
3-1 assistance programs, including drug and alcohol abuse programs,
3-2 mental health programs, and other analogous programs designed to
3-3 assist employees with personal or behavioral problems;
3-4 (2) inform employees and new hires monthly about the
3-5 availability of assistance through persons listed in the resource
3-6 file and about employee assistance programs operated directly by
3-7 the employer, if any; and
3-8 (3) provide an annual education course for employees
3-9 to assist employees in identifying personal or emotional problems
3-10 that may result in the misuse of alcohol or drugs.
3-11 (c) A certificate issued under this section is valid for one
3-12 year from the date of issuance and may be renewed by the employer
3-13 on application to the commission and reinvestigation by the
3-14 division.
3-15 Sec. 411.093. IMPLEMENTATION [ENFORCEMENT]; RULES. The
3-16 commission shall implement this subchapter [enforce Section
3-17 411.091] and may adopt rules for that purpose.
3-18 SECTION 3. This Act takes effect September 1, 1997, and
3-19 applies only to a workers' compensation insurance policy that is
3-20 delivered, issued for delivery, or renewed on or after January 1,
3-21 1998. A policy that is delivered, issued for delivery, or renewed
3-22 before January 1, 1998, is governed by the law as it existed
3-23 immediately before the effective date of this Act, and that law is
3-24 continued in effect for that purpose.
3-25 SECTION 4. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.