SRC-AXB H.B. 2510 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2510
76R10134  PB-FBy: Dukes (Shapleigh)
State Affairs
5/9/1999
Engrossed


DIGEST 

Currently, the Texas Workers' Compensation Commission, the Research and
Oversight Council on Workers' Compensation, health care facilities,
insurance carriers, the Medical Advisory Committee, and the Texas
Department of Insurance are all involved in the administration of the
workers' compensation program of Texas.  H.B. 2510 makes several changes
including updates, specifications, and clarifications to the worker's
compensation program of this state. 

PURPOSE

As proposed, H.B. 2510 makes several changes including updates,
specifications, and clarifications to the worker's compensation program of
this state. 

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 401.023(b), Labor Code, to require the Texas
Workers' Compensation Commission (TWCC) to compute and publish the interest
and discount rate, plus seven percent. 

SECTION 2.  Amends Sections 402.011(b) and (c), Labor Code, to entitle a
member to use of leave benefits for attendance at commission hearings and
Texas Certified Self-Insured Guaranty, rather than Guarantee, Association,
meetings.  Prohibits reimbursement from exceeding $5,000, rather than
$12,000, a year.  Deletes text limiting a member's entitlement. 

SECTION 3.  Amends Section 402.085(a), Labor Code, to require TWCC to
release information on a claim to the Research and Oversight Council on
Workers' Compensation, rather than research center.  Deletes a reference to
Chapter 76, Human Resources Code. 

SECTION 4.  Amends Section 404.007(a), Labor Code, to require the board of
directors of the Research and Oversight Council on Workers' Compensation to
receive testimony and reports from the State Office of Risk Management,
rather than the attorney general.  Deletes text regarding the Texas
workers' compensation insurance facility.  Makes conforming changes. 

SECTION 5.  Amends Section 404.010, Labor Code, by amending Subsection (a)
and adding Subsection (d), to allow access to the files and records of the
Texas Workforce, rather than Employment, Commission.  Provides that the
identity of a survey participant is confidential and not subject to public
disclosure.  Makes conforming changes. 

SECTION 6.  Amends Section 408.025(d), Labor Code, to require a health care
provider, rather than facility, to furnish certain records.  Makes a
conforming change. 

SECTION 7.  Amends Section 408.027(a), Labor Code, to require an insurance
carrier to pay the fee allowed under Section 413.011, rather than charged. 

SECTION  8.  Amends Section 408.150(b), Labor Code, to provide that a
certain employee loses  entitlement to supplemental, rather than
supplementary, income benefits. 

SECTION 9.  Amends Section 413.005(b), Labor Code, to include an insurance
carrier representative in the composition of a medical advisory committee.
Makes conforming changes. 

SECTION 10.  Amends Article 5.61, Insurance Code, to require reserves to be
computed in accordance with any rules adopted, rather than approved, by the
commissioner of insurance, rather than the Board of Insurance
Commissioners.  Deletes text regarding workers' compensation insurers.
Makes conforming changes. 

SECTION 11.(a)  Effective date:  September 1, 1999, except as provided by
Subsection (b). 
 
(b)  Effective date for Section 401.023(b), Labor Code, as amended by this
Act:  October 1, 1999. 

SECTION 12.  Emergency clause.