76R10103 JMM-F By Hochberg, Giddings H.B. No. 729 Substitute the following for H.B. No. 729: By Hochberg C.S.H.B. No. 729 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain requirements for an insurance carrier that 1-3 pays workers' compensation benefits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 409, Labor Code, is amended 1-6 by adding Sections 409.0231 and 409.0232 to read as follows: 1-7 Sec. 409.0231. PAYMENT BY ELECTRONIC FUNDS TRANSFER. (a) 1-8 An insurance carrier shall offer employees entitled to the payment 1-9 of benefits for a period of sufficient duration the option of 1-10 receiving the payments by electronic funds transfer. The insurance 1-11 carrier shall provide the necessary forms to an employee who 1-12 requests that benefits be paid by electronic funds transfer. 1-13 (b) The commission shall adopt rules in consultation with 1-14 the Texas Department of Information Resources as necessary to 1-15 implement this section, including rules prescribing a period of 1-16 benefits that is of sufficient duration to allow payment by 1-17 electronic funds transfer. 1-18 Sec. 409.0232. TIMELINESS OF PAYMENTS. An insurance carrier 1-19 is considered to have paid benefits in a timely manner if a 1-20 payment: 1-21 (1) is made by electronic funds transfer and is 1-22 deposited in the employee's account on or before the benefit 1-23 payment due date; 1-24 (2) is made by mail and is mailed in time for the 2-1 payment to be postmarked on or before the benefit payment due date; 2-2 or 2-3 (3) is to be picked up by the employee and the payment 2-4 is made available to the employee during regular business hours not 2-5 later than the opening of business on the benefit payment due date. 2-6 SECTION 2. (a) This Act takes effect September 1, 1999, 2-7 except that Section 409.0232, Labor Code, as added by this Act, 2-8 takes effect immediately. 2-9 (b) Section 409.0231, Labor Code, as added by this Act, 2-10 applies only to workers' compensation benefits that become due on 2-11 or after September 1, 2000. Workers' compensation benefits that 2-12 become due before that date are governed by the law in effect on 2-13 the date the benefits become due, and the former law is continued 2-14 in effect for that purpose. 2-15 (c) The Texas Workers' Compensation Commission shall adopt 2-16 rules under Section 409.0231, Labor Code, as added by this Act, not 2-17 later than December 1, 1999. 2-18 SECTION 3. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended, 2-23 and that this Act take effect and be in force according to its 2-24 terms, and it is so enacted.