By George H.B. No. 2508
76R6985 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the determination and payment of certain workers'
1-3 compensation benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 408.081, Labor Code, is amended to read
1-6 as follows:
1-7 Sec. 408.081. INCOME BENEFITS. (a) An employee is entitled
1-8 to income benefits as provided in this chapter.
1-9 (b) Except as otherwise provided by this section or this
1-10 subtitle, income benefits and interest shall be paid weekly as and
1-11 when they accrue without order from the commission.
1-12 (c) The commission by rule shall establish requirements for
1-13 agreements under which income benefits may be paid monthly. Income
1-14 benefits may be paid monthly only on the mutual agreement of the
1-15 employee and the insurance carrier and in compliance with the
1-16 requirements adopted by the commission.
1-17 (d) [(c)] An employee's entitlement to income benefits under
1-18 this chapter terminates on the death of the employee. An interest
1-19 in future income benefits does not survive after the employee's
1-20 death.
1-21 SECTION 2. Section 408.124, Labor Code, is amended by
1-22 amending Subsection (b) and adding Subsection (c) to read as
1-23 follows:
1-24 (b) For [The commission shall use for] determining the
2-1 existence and degree of an employee's impairment, the commission
2-2 shall use "Guides to the Evaluation of Permanent Impairment,"
2-3 fourth [third] edition, [second printing, dated February 1989,]
2-4 published by the American Medical Association. For determining
2-5 the existence and degree of an employee's impairment relating to a
2-6 back injury, the commission shall use the range of motion model
2-7 contained in that publication.
2-8 (c) Notwithstanding Subsection (b), the commission by rule
2-9 may adopt a later edition of the "Guides to the Evaluation of
2-10 Permanent Impairment" or its successor publication as published by
2-11 the American Medical Association or another analogous publication
2-12 published by a nationally recognized medical organization as
2-13 necessary to appropriately determine the existence and degree of an
2-14 employee's impairment for purposes of this title.
2-15 SECTION 3. Section 408.161, Labor Code, is amended by
2-16 adding Subsection (d) to read as follows:
2-17 (d) An insurance carrier may pay lifetime income benefits
2-18 through an annuity if the annuity agreement meets the terms and
2-19 conditions for annuity agreements adopted by the commission by
2-20 rule. The establishment of an annuity under this subsection does
2-21 not relieve the insurance carrier of the liability under this title
2-22 for ensuring that the lifetime income benefits are paid.
2-23 SECTION 4. Section 408.186(a), Labor Code, is amended to
2-24 read as follows:
2-25 (a) If the death of an employee results from a compensable
2-26 injury, the insurance carrier shall pay to the person who incurred
2-27 liability for the costs of burial the lesser of:
3-1 (1) the actual costs incurred for reasonable burial
3-2 expenses; or
3-3 (2) $6,000 [$2,500].
3-4 SECTION 5. (a) This Act takes effect September 1, 1999, and
3-5 applies only to an agreement regarding payment of workers'
3-6 compensation income benefits that is entered into on or after that
3-7 date.
3-8 (b) Section 401.124, Labor Code, as amended by this Act,
3-9 applies only to determination of an impairment rating for workers'
3-10 compensation benefits that is finally adopted under Subchapter G,
3-11 Chapter 408, Labor Code, on or after January 1, 2000. The
3-12 determination of an impairment rating that is finally adopted
3-13 before that date is governed by the law in effect immediately
3-14 before the effective date of this Act, and the former law is
3-15 continued in effect for that purpose.
3-16 (c) Section 408.186(a), Labor Code, as amended by this Act,
3-17 applies only to a claim for workers' compensation burial benefits
3-18 based on a compensable injury that occurs on or after the effective
3-19 date of this Act. A claim based on a compensable injury that
3-20 occurs before that date is governed by the law in effect on the
3-21 date that the compensable injury occurred, and the former law is
3-22 continued in effect for that purpose.
3-23 SECTION 6. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.