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.