By Dukes                                              H.B. No. 2509
         76R8382 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to business the administration of the workers'
 1-3     compensation system for state employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 501.044, Labor Code, is amended to read
 1-6     as follows:
 1-7           Sec. 501.044.  EFFECT OF SICK LEAVE; ANNUAL LEAVE.  (a)  An
 1-8     employee may elect to use accrued sick leave before receiving
 1-9     income benefits.  If an employee elects to use sick leave, the
1-10     employee is not entitled to income benefits under this chapter
1-11     until the employee has exhausted the employee's accrued sick leave.
1-12           (b)  An employee may make an election to use all or any
1-13     number of weeks of accrued annual leave after accrued sick leave is
1-14     exhausted.  If an employee elects to use annual leave, the employee
1-15     is not entitled to income benefits under this chapter until the
1-16     elected number of weeks of leave have been exhausted.
1-17           SECTION 2.  Subtitle A, Chapter 501, Subchapter C, Labor
1-18     Code, is amended by adding a new Section 501.048 to read as
1-19     follows:
1-20           Sec. 501.048.  PAYMENT OF MEDICAL AND INDEMNITY BENEFITS.
1-21     Medical and income benefit payments made by the office are subject
1-22     to this subtitle and are exempt from the provisions of the Texas
1-23     Government Code, Chapter 2251.
1-24           SECTION 3.  Section 412.042, Labor Code, is amended to read
 2-1     as follows:
 2-2           Sec. 412.042.  Reports to the Legislature.  (a)  The director
 2-3     shall report to the legislature at the beginning of each regular
 2-4     session.
 2-5           (b)  The report required under this section shall be dated
 2-6     January 1 of the year in which the regular session is held and must
 2-7     include:
 2-8                 (1)  [a list of all persons who have received benefits
 2-9     under Chapter 501, the nature and cause of each injury, and the
2-10     amounts paid weekly in income benefits and for medical, hospital,
2-11     and other services;]
2-12                 [(2)]  a summary of administrative expenses;
2-13                 (2) [(3)]  a statement:
2-14                       (A)  showing the amount of the money appropriated
2-15     by the preceding legislature that remains unexpended on the date of
2-16     the report; and
2-17                       (B)  estimating the amount of that balance
2-18     necessary to administer Chapter 501 for the remainder of that
2-19     fiscal year; and
2-20                       (C)  an estimate, based on experience factors, of
2-21     the amount of money that will be required to administer Chapter 501
2-22     and pay for the compensation and services provided under Chapter
2-23     501 during the next succeeding biennium.
2-24           (c)  The director shall report to the legislature a state
2-25     agency that fails to meet its obligation regarding the prevention
2-26     of accidents and injuries to state employees. [As amended by House
2-27     Bill 2133, 75th Legislature, effective date September 1, 1997.]
 3-1           (d)  The director shall maintain, and make available to the
 3-2     legislature upon request, a list of all persons who have received
 3-3     benefits under Chapter 501 of this subtitle, the nature and cause
 3-4     of each injury, and the amounts paid weekly in income benefits and
 3-5     for medical, hospital, and other services.
 3-6           SECTION 4.  This Act takes effect September 1, 1999.
 3-7           SECTION 5.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.