HBA-CCH C.S.H.B. 1205 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1205 By: Brimer Business & Industry 3/19/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, the governing body of the Texas Workers' Compensation Commission (commission) is comprised of six board members and an executive director who oversee the commission's daily operations. C.S.H.B. 1205 changes the name of the commission to the Texas Department of Workers' Compensation, abolishes the board of directors and the executive director's position in favor of a single commissioner structure, specifies the qualifications of the new commissioner and deputy directors, and establishes that the commissioner position is filled by a two-year gubernatorial appointment. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any new rulemaking authority to a state officer, department, agency, or institution. The bill transfers previously delegated rulemaking authority from the Texas Workers' Compensation Commission (commission) and the commission's executive director to the Texas Department of Workers' Compensation (TDWC) or TDWC's commissioner. ANALYSIS C.S.H.B. 1205 amends the Labor Code to rename the Texas Workers' Compensation Commission (commission) as the Texas Department of Workers' Compensation (TDWC). The bill requires TDWC to regulate the business of workers' compensation in Texas and to ensure that the laws regarding workers' compensation are executed (Sec. 402.001). In place of the commission, the bill requires the governor, with advice and consent from the senate, to appoint a TDWC commissioner (commissioner) who serves a twoyear term no later than December 31, 2001 (Sec. 402.004 and SECTION 5.004). C.S.H.B. 1205 provides that the commissioner is TDWC's chief executive and administrative officer, and requires the commissioner to appoint deputies, assistants, and other personnel (Secs. 402.003 and 402.041). The bill sets forth the qualifications and terms of the commissioner and the commissioner's appointees, and entitles the commissioner to compensation (Secs. 402.005, 402.006, 402.008, and 402.041). The bill also provides that the commissioner, before taking office, must execute a surety bond in the amount of $50,000 (Sec. 402.007). The bill transfers the powers and duties of the commission, its members, and the executive director of the commission to TDWC, the commissioner, and the commissioner's appointees, including rulemaking authority from the commission and its executive director to TDWC or the commissioner. C.S.H.B. 1205 provides that the term of a person, who is serving on the commission on the effective date of this Act, expires on the date the governor appoints the commissioner. The executive director of the commission is not eligible for appointment as commissioner (SECTION 5.002). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1205 modifies the original by elaborating on the powers and duties of the commissioner of the Texas Department of Workers' Compensation (TDWC). Authority previously transferred to the commissioner or the commissioner's designee is now reserved solely for the commissioner. The substitute also interchanges various powers and duties between the commissioner and TDWC. The substitute authorizes information maintained in the investigation files of TDWC to be disclosed in a hearing conducted by the State Office of Administrative Hearings.