SRC-ARR H.B. 2509 76(R) BILL ANALYSIS


Senate Research Center   H.B. 2509
76R8824 CMR-FBy: Dukes (Shapleigh)
State Affairs
5/10/1999
Engrossed


DIGEST 

Under current law, state employees are permitted to take annual leave while
receiving workers' compensation benefits. Employees who are injured on the
job may receive combined annual leave pay and benefits up to 175 percent of
that person's regular salary, with 100 percent coming from regular salary
and the remaining 70-75 percent from benefits. Currently, there is a
discrepancy between Chapter 2251, Government Code, and Section 408.027,
Labor Code. H.B. 2509 would set forth certain requirements for the
administration of the workers' compensation system for state employees.  

PURPOSE

As proposed, H.B. 2509 set forth certain requirements for the
administration of the workers' compensation system for state employees.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 412.042, Labor Code, by amending Subsection (b)
and adding Subsection (d), to require the director of the Office of Risk
Management (office) to maintain, and make available to the legislature on
request, a list of all persons who have received benefits under Chapter
501, the nature and cause of each compensable injury, and the amount paid
weekly in income benefits and for medical services, hospital services, and
other services. Deletes text regarding a list of certain persons. Makes
conforming changes. 

SECTION 2. Amends Section 501.044, Labor Code, as follows:

Sec. 501.044. New heading: EFFECT OF SICK LEAVE; ANNUAL LEAVE. Authorizes
an employee to elect to use all or any number of weeks of accrued annual
leave after the employee's accrued sick leave is exhausted. Provides that
the employee is not entitled to income benefits under this chapter until
the elected number of weeks of leave have been exhausted, if an employee
elects to use annual leave.  

SECTION 3. Amends Chapter 501C, Labor Code, by adding Section 501.051, as
follows: 

Sec. 501.051. PAYMENT OF MEDICAL AND INDEMNITY BENEFITS. Provides that
medical benefit and income benefit payments made by the office are subject
to this subtitle and are exempt from Chapter 2251, Government Code. 

SECTION 4. Amends Section 412.012(c), Labor Code, to delete text regarding
an allocation program. 

SECTION 5. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 6. Emergency clause.