By Luna S.B. No. 1117
75R4995 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain professional qualifications for ombudsmen under
1-3 the workers' compensation system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 409.042, Labor Code, is amended to read
1-6 as follows:
1-7 Sec. 409.042. DESIGNATION AS OMBUDSMAN; ELIGIBILITY AND
1-8 TRAINING REQUIREMENTS[; CONTINUING EDUCATION REQUIREMENTS]. (a)
1-9 Each [At least one specially qualified employee in each] commission
1-10 office shall employ at least one [be designated an] ombudsman who
1-11 shall assist unrepresented claimants and perform other [the] duties
1-12 under this subchapter [section] as the person's primary
1-13 responsibility.
1-14 (b) To be eligible for designation as an ombudsman, a person
1-15 must:
1-16 (1) be licensed to practice law in this state;
1-17 (2) demonstrate satisfactory knowledge of the
1-18 requirements of:
1-19 (A) this subtitle and the provisions of Subtitle
1-20 C that relate to claims management;
1-21 (B) other laws relating to workers'
1-22 compensation; and
1-23 (C) rules adopted under this subtitle and the
1-24 laws described under Subdivision (1)(B);
2-1 (3) [(2)] have demonstrated experience in handling and
2-2 resolving problems for the general public; and
2-3 (4) [(3)] possess strong interpersonal skills[; and]
2-4 [(4) have at least three years of demonstrated
2-5 experience in the field of workers' compensation].
2-6 (c) The commission by rule shall adopt training guidelines
2-7 [and continuing education requirements] for ombudsmen. Training
2-8 provided under this subsection must[:]
2-9 [(1)] include education regarding this subtitle, rules
2-10 adopted under this subtitle, and appeals panel decisions, with
2-11 emphasis on benefits and the dispute resolution process.
2-12 (d) The commission may[; and]
2-13 [(2)] require an ombudsman undergoing training to be
2-14 observed and monitored by an experienced ombudsman during daily
2-15 activities conducted under this subchapter.
2-16 SECTION 2. (a) Except as provided by Subsection (b) of this
2-17 section, Section 409.042, Labor Code, as amended by this Act,
2-18 applies to the eligibility requirements for service as an ombudsman
2-19 by the Texas Workers' Compensation Commission on or after the
2-20 effective date of this Act.
2-21 (b) A person employed as an ombudsman before the effective
2-22 date of this Act who does not meet the eligibility requirements for
2-23 service as an ombudsman as amended by this Act may continue to
2-24 serve in that capacity at the discretion of the Texas Workers'
2-25 Compensation Commission.
2-26 (c) The Texas Workers' Compensation Commission shall fill a
2-27 vacancy in an ombudsman position that occurs on or after the
3-1 effective date of this Act with a person who meets the eligibility
3-2 requirements adopted under Section 409.042, Labor Code, as amended
3-3 by this Act.
3-4 SECTION 3. This Act takes effect September 1, 1997.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.