1-1 By: Hochberg, Giddings (Senate Sponsor - Duncan) H.B. No. 729 1-2 (In the Senate - Received from the House April 22, 1999; 1-3 April 26, 1999, read first time and referred to Committee on 1-4 Economic Development; May 14, 1999, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to certain requirements for an insurance carrier that 1-9 pays workers' compensation benefits. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter B, Chapter 409, Labor Code, is amended 1-12 by adding Sections 409.0231 and 409.0232 to read as follows: 1-13 Sec. 409.0231. PAYMENT BY ELECTRONIC FUNDS TRANSFER. (a) 1-14 An insurance carrier shall offer employees entitled to the payment 1-15 of benefits for a period of sufficient duration the option of 1-16 receiving the payments by electronic funds transfer. The insurance 1-17 carrier shall provide the necessary forms to an employee who 1-18 requests that benefits be paid by electronic funds transfer. 1-19 (b) The commission shall adopt rules in consultation with 1-20 the Texas Department of Information Resources as necessary to 1-21 implement this section, including rules prescribing a period of 1-22 benefits that is of sufficient duration to allow payment by 1-23 electronic funds transfer. 1-24 Sec. 409.0232. TIMELINESS OF PAYMENTS. An insurance carrier 1-25 is considered to have paid benefits in a timely manner if a 1-26 payment: 1-27 (1) is made by electronic funds transfer and is 1-28 deposited in the employee's account on or before the benefit 1-29 payment due date; 1-30 (2) is made by mail and is mailed in time for the 1-31 payment to be postmarked on or before the benefit payment due date; 1-32 or 1-33 (3) is to be picked up by the employee and the payment 1-34 is made available to the employee during regular business hours not 1-35 later than the opening of business on the benefit payment due date. 1-36 SECTION 2. (a) This Act takes effect September 1, 1999, 1-37 except that Section 409.0232, Labor Code, as added by this Act, 1-38 takes effect immediately. 1-39 (b) Section 409.0231, Labor Code, as added by this Act, 1-40 applies only to workers' compensation benefits that become due on 1-41 or after September 1, 2000. Workers' compensation benefits that 1-42 become due before that date are governed by the law in effect on 1-43 the date the benefits become due, and the former law is continued 1-44 in effect for that purpose. 1-45 (c) The Texas Workers' Compensation Commission shall adopt 1-46 rules under Section 409.0231, Labor Code, as added by this Act, not 1-47 later than December 1, 1999. 1-48 SECTION 3. The importance of this legislation and the 1-49 crowded condition of the calendars in both houses create an 1-50 emergency and an imperative public necessity that the 1-51 constitutional rule requiring bills to be read on three several 1-52 days in each house be suspended, and this rule is hereby suspended, 1-53 and that this Act take effect and be in force according to its 1-54 terms, and it is so enacted. 1-55 * * * * *