SRC-CTC C.S.S.B. 851 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 851
77R13497 KSD-DBy: Duncan
Business & Commerce
4/21/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Texas Workers' Compensation Commission (commission) is
overseen by a six-member governing body and an executive director, whose
primary responsibility is to carry out the daily operations of the
commission.  The make-up of the commission governing body sets up an evenly
split board, which can create an adversarial situation making adoption of
rules and policy decisions a lengthy and difficult process.  C.S.S.B. 851
abolishes the governing body of the commission and the executive director's
position and replaces it with a single commissioner structure.
Qualifications for the new commissioner are set forth and the bill
establishes that the position be filled by gubernatorial appointment. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of workers'
compensation in SECTION 2.008 (Section 402.061, Labor Code), SECTION 2.018
(Section 402.071, Labor Code), SECTION 2.020 (Section 402.073, Labor Code),
SECTION 3.006 (Section 401.024, Labor Code), SECTION 3.024 (Section
406.005, Labor Code), SECTION 3.025 (Section 406.006, Labor Code), SECTION
3.028 (Section 406.009, Labor Code), SECTION 3.029 (Section 406.010, Labor
Code), SECTION 3.030 (Section 406.011, Labor Code), SECTION 3.035 (Section
406.093, Labor Code) SECTION 30.36 (Section 406.095, Labor Code), SECTION
3.051 (Section 407.061, Labor Code), SECTION 3.068 (Section 408.004, Labor
Code), SECTION 3.073 (Section 408.025, Labor Code), SECTION 3.074 (Section
408.026, Labor Code), SECTION 3.081 (Section 408.063, Labor Code), SECTION
3.082 (Section 408.081, Labor Code), SECTION 3.086 (Section 408.102, Labor
Code), SECTION 3.088 (Section 408.104, Labor Code), SECTION 3.089 (Section
408.122, Labor Code), SECTION 3.091 (Section 408.124, Labor Code), SECTION
3.093 (Section 408.127, Labor Code), SECTION 3.103 (Section 408.181, Labor
Code), SECTION 3.108 (Section 408.221, Labor Code), SECTION 3.113 (Section
409.005, Labor Code), SECTION 3.114 (Section 409.006, Labor Code), SECTION
3.119 (Section 409.012, Labor Code), SECTION 3.124 (Section 409.0231, Labor
Code), SECTION 3.127 (Section 409.042, Labor Code), SECTION 3.136 (Section
410.024, Labor Code), SECTION 3.137 (Section 410.025, Labor Code), SECTION
3.139 (Section 410.027, Labor Code), SECTION 3.141 (Section 410.034, Labor
Code), SECTION 3.150 (Section 410.111, Labor Code), SECTION 3.159 (Section
410.157, Labor Code), SECTION 3.161 (Section 410.159, Labor Code), SECTION
3.164 (Section 410.168, Labor Code), SECTION 3.165 (Section 410.203, Labor
Code), SECTION 3.170 (Section 410.209, Labor Code), SECTION 3.183 (Section
411.032, Labor Code), SECTION 3.185 (Section 411.0415, Labor Code), SECTION
3.186 (Section 411.042, Labor Code), SECTION 3.192 (Section 411.062, Labor
Code), SECTION 3.198 (Section 411.092, Labor Code), SECTION 3.213 (Section
413.011, Labor Code), SECTION 3.214 (Section 413.013, Labor Code), SECTION
3.215 (Section 413.014, Labor Code), SECTION 3.216 (Section 413.015, Labor
Code), SECTION 3.219 (Section 413.018, Labor Code), SECTION 3.220 (Section
413.020, Labor Code), SECTION 3.225 (Section 413.052, Labor Code), SECTION
3.226 (Section 413.053, Labor Code), SECTION 3.228 (Section 413.055, Labor
Code), SECTION 3.240 (Section 415.023, Labor Code) of this bill. 

Rulemaking authority is expressly granted to the Texas Department of
Workers' Compensation in SECTION3.028 (Section 406.009, Labor Code) of this
bill. 
 
SECTION BY SECTION ANALYSIS

ARTICLE 1.  ORGANIZATION OF DEPARTMENT

SECTION 1.001.  Amends Chapter 402A, Labor Code, as follows:

Sec. 402.001.  New heading: DUTIES OF DEPARTMENT.  Requires the Texas
Department of Workers' Compensation (department), in addition to its other
required duties, to perform certain actions. 

Sec. 402.002.  New heading: COMPOSITION OF DEPARTMENT.  Provides that the
department is composed of the commissioner and other officers and employees
required to efficiently implement certain items.    

Sec. 402.003.  New heading: CHIEF EXECUTIVE.  Provides that the
commissioner is the department's chief executive and administrative
officer.  Requires the commissioner to administer and enforce certain laws.
Provides that the commissioner has certain powers and duties.  Authorizes
the commissioner to take certain actions.  Provides that the commissioner
is the agent for service of process on out-of-state employers. 

Sec. 402.004.  New heading: APPOINTMENT; TERM.  Requires the governor, with
the advise and consent of the senate, to appoint the commissioner and
provides the term of the commissioner.  Requires the governor to appoint
the commissioner without regard to certain characteristics of the
appointee. 

Sec. 402.005.  New heading:  QUALIFICATIONS.  Sets forth certain
qualification requirements for the commissioner.  Provides that a person
who is a former member or former executive director of the Texas Worker's
Compensation Commission (commission) is not eligible for appointment as
commissioner under Section 402.004. 

Sec. 402.006.  New heading:  INELIGIBILITY FOR PUBLIC OFFICE.  Provides
that the commissioner is ineligible to be a candidate for a public elective
office in this state unless the commissioner has resigned and the governor
has accepted the resignation. 

Sec. 402.007.  New heading: BOND.  Provides that the commissioner, before
taking office, must execute with a certain surety company a bond for
$50,000 payable to this state and conditioned on the faithful discharge of
the commissioner's duties. 

Sec. 402.008.  New heading: COMPENSATION.  Provides that the commissioner
is entitled to compensation as provided by the General Appropriations Act. 

Deletes existing text relating to membership requirements, training program
for commission members, and terms and vacancies. 

Sec. 402.009.  Redesignates Section 402.003.  Prohibits a person from
serving as commissioner, rather than a member of the commission, or act as
general counsel to the department, rather than the commission, if the
person is required to register as a lobbyist under Chapter 305
(Registration of Lobbyists), Government Code, because of the person's
activities for compensation on behalf of a profession that is regulated by
or that has fees regulated by the department, rather than the commission. 

 Deletes existing text relating to voting requirements.

Sec. 402.010.  New heading: GROUNDS FOR REMOVAL.  Redesignates Section
402.005. Sets forth the grounds for removal from office of the
commissioner, rather than a member of the  commission.  Deletes existing
text relating to removal of commission members.  Provides that an action of
the commissioner or the department, rather than the commission, is not
affected by the fact that it is taken when a ground for removal of the
commissioner, rather than a commission member, exists.  Deletes existing
text relating to required actions of the executive director of the
commission.  Makes conforming changes. 

 Sec. 402.011.  Redesignates Section 402.006.  Makes conforming changes.

Deletes existing text relating to meetings, chairman of the commission, and
a leave of absence. 

Sec. 402.012.  New heading: CIVIL LIABILITY OF THE COMMISSIONER.
Redesignates existing Section 402.010.  Makes conforming changes. 

 Deletes existing text relating to reimbursement.

Sec. 402.013.  Redesignates Section 402.012.  Prohibits a person who is
compensated at or above the amount prescribed by the General Appropriations
Act for step 1, salary group A17, rather than salary group 17, from holding
certain positions.  Makes conforming changes. 

SECTION 1.002.  Amends Chapter 402C, Labor Code, as follows:

SUBCHAPTER C.  New heading: DEPARTMENT PERSONNEL

Sec. 402.041.  New heading: APPOINTMENTS.  Requires the commissioner,
subject to the General Appropriations Act or other law, to appoint certain
personnel as necessary to carry out certain powers and duties under this
subtitle and certain other laws.  Provides that a person appointed under
this section must have professional, administrative, and worker's
compensation experience necessary to qualify the person for the position to
which the person is appointed. Provides that a person appointed as an
associate or deputy commissioner or to hold an equivalent position must
have at least five years of the experience required for appointment as
commissioner under Section 402.005.  Provides that at least two years of
that experience must be in work related to the position to be held. 

Sec. 402.042.  New heading: DIVISION OF RESPONSIBILITIES. Requires the
commissioner ro develop and implement policies that clearly define the
respective responsibilities of the commissioner and the staff of the
department. 

Deletes existing text relating to the executive director of the commission,
the general powers and duties of the executive director, and administrative
assistants. 

Sec. 402.043.  Redesignates Section 402.044.  Requires the commissioner,
rather than the executive director, to develop an intra-agency career
ladder program that addresses opportunities for mobility and advancement
for employees within the department, rather than the commission.  Makes
conforming changes. 

 Sec. 402.044.  Redesignates Section 402.045.  Makes conforming changes.

ARTICLE 2.  CONFORMING AMENDMENTS WITHIN CHAPTER 402, LABOR CODE

SECTION 2.001.  Amends the heading to Chapter 402, Labor Code, as follows:

CHAPTER 402.  New heading: TEXAS DEPARTMENT OF WORKER'S COMPENSATION

SECTION 2.002.  Amends Section 402.021, Labor Code, as follows:

 Sec. 402.021.  New heading: DEPARTMENT DIVISIONS.  Authorizes the
commissioner, rather than the executive director with the approval of the
commission, to establish certain divisions in addition to the divisions
listed in this section.  Authorizes the commissioner to allocate and
reallocate functions among those divisions and those established under
Subsection (a).  Makes conforming changes. 

SECTION 2.003.  Amends Section 402.022, Labor Code, to require the
department, rather than the executive director, to prepare information of
public interest describing the functions of the department, rather than the
commission, and the procedures by which complaints are filed with and
resolved by the department. 

SECTION 2.004.  Amends Section 402.023, Labor Code, to make conforming
changes. 

SECTION 2.005.  Amends Section 402.024, Labor Code, to make conforming
changes. 

SECTION 2.006.  Amends Section 402.025, Labor Code, to make a conforming
change. 

SECTION 2.007.  Amends the heading to Chapter 402D, Labor Code, as follows:

SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF DEPARTMENT

SECTION 2.008.  Amends Section 402.061, Labor Code, to require the
commissioner, rather than the commission, to adopt rules as necessary for
the implementation of this subtitle. 

SECTION 2.009.  Amends Section 402.062, Labor Code, to make conforming
changes. 

SECTION 2.010.  Amends Section 402.064, Labor Code, to make conforming
changes. 

SECTION 2.011.  Amends Section 402.065, Labor Code, to make conforming
changes. 

SECTION 2.012.  Amends Section 402.066, Labor Code, to make conforming
changes. 

SECTION 2.013.  Amends Section 402.0665, Labor Code, to make conforming
changes. 

SECTION 2.014.  Amends Section 402.067, Labor Code, to make conforming
changes. 

SECTION 2.015.  Amends Section 402.068, Labor Code, to make a conforming
change. 

SECTION 2.016.  Amends Section 402.069, Labor Code, to require the
commissioner or the commissioner's designee, rather than the executive
director, to provide to department employees, rather than to members of the
commission and commission employees, certain information.  Deletes existing
text relating to state officers. 

SECTION 2.017.  Amends Section 402.070)(a), Labor Code, to make conforming
changes. 

SECTION 2.018.  Amends Section 402.071(a), Labor Code, to  require the
commissioner, rather than the commission, to establish qualifications for a
representative and adopt rules establishing procedures for authorization of
representatives. 

SECTION 2.019.  Amends Section 402.072, Labor Code, to make conforming
changes 

SECTION 2.020.  Amends Sections 402.073(a) and (c), Labor Code, to require
the commissioner, rather than the commission, to adopt, by rule, a
memorandum of understanding governing certain administrative procedure law
hearings.  Makes conforming changes. 

 SECTION 2.021.  Amends Section 402.081, Labor Code, as follows:

 Sec. 402.081.  New heading:  DEPARTMENT RECORDS.  Makes conforming changes.

SECTION 2.022.  Amends Section 402.082, Labor Code, as follows:

Sec. 402.082.  New heading:  INJURY INFORMATION MAINTAINED BY DEPARTMENT.
Makes a conforming change. 

SECTION 2.023.  Amends Section 402.083(a), Labor Code, to make a conforming
change. 

SECTION 2.024.  Amends Section 402.084(a), Labor Code, to make conforming
changes. 

SECTION 2.025.  Amends Section 402.085, Labor Code, to authorize the
department, rather than the commission, to release information on a claim
to a governmental agency, political subdivision, or regulatory body to use
to assess financial resources in an action, including an administrative
action, to cooperate with another state in an action authorized under
Chapter 231, Family Code, rather than Chapter 76, Human Resources Code.
Makes conforming changes. 

SECTION 2.026.  Amends Sections 402.088(a), (b), and (d), Labor Code, to
make conforming changes. 

SECTION 2.027.  Amends Section 402.089(a), Labor Code, to make a conforming
change. 

SECTION 2.028.  Amends Section 402.090, Labor Code, to make a conforming
change. 

SECTION 2.029.  Amends Section 402.091(a), Labor Code, to make a conforming
change.  

SECTION 2.030.  Amends Sections 402.092(a), (b), (d), (e), and (f), Labor
Code, to authorize information maintained in the investigation files of the
department to be disclosed in a hearing conducted by the State Office of
Administrative Hearings under this subtitle.  Makes conforming changes. 

ARTICLE 3.  GENERAL CONFORMING AMENDMENTS

SECTION 3.001.  Amends Section 91.003(b), Labor Code, to require the Texas
Department of Worker's Compensation, rather than the Texas Worker's
Compensation Commission, to assist in the implementation of this chapter
and to provide information to the Texas Department of Licensing and
Regulation. 

SECTION 3.002.  Amends Section 401.002, Labor Code, to make conforming
changes. 

SECTION 3.003.  Amends Section 401.011, Labor Code, to define
"commissioner."  Deletes existing text relating to the definition of
"commission."  Redefines "designated doctor," "representative," and
"sanction" to make conforming changes.  Defines "department." 

SECTION 3.004.  Amends Section 401.021, Labor Code, to make conforming
changes. 

SECTION 3.005.  Amends Section 401.023(b), Labor Code, to make a conforming
change. 

SECTION 3.006.  Amends Sections 401.024(b), (c), and (d), Labor Code, to
authorize the commissioner, rather than the commission, by rule to permit
or require the use of an electronic transmission of specified information
instead of the specified form, manner, or procedure, notwithstanding
another provision of this subtitle that specifies the form, manner, or
procedure of the transmission.  Provides that if the electronic
transmission of information is not authorized or permitted by rule, rather
than by commission rule, the transmission of that information is governed
by any  applicable statute or rule that prescribes the form, manner, or
procedure for the transmission, including standards adopted by the
Department of Information Resources.  Makes conforming changes. 

SECTION 3.007.  Amends Chapter 401C, Labor Code, by adding Section 401.025,
as follows: 

Section 401.025.  REFERENCES TO COMMISSION AND EXECUTIVE DIRECTOR. Provides
that a reference in this code or other law to the commission or the
executive director of the commission means the department or commissioner
as consistent with the respective duties of the commissioner and the
department under this subtitle and other worker's compensation laws of this
state. 

SECTION 3.008.  Amends the heading to Section 403.001, Labor Code, as
follows: 

 Sec. 403.001.  DEPARTMENT FUNDS.

SECTION 3.009.  Amends Sections 403.001(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.010.  Amends Section 403.003, Labor Code, to make conforming
changes. 

SECTION 3.011.  Amends Section 403.004, Labor Code, to make a conforming
change. 

SECTION 3.012.  Amends Section 403.005, Labor Code, to make conforming
changes. 

SECTION 3.013.  Amends Section 403.006(c), Labor Code, to make a conforming
change. 

SECTION 3.014.  Amends Section 403.007, Labor Code, to make conforming
changes. 

SECTION 3.015.  Amends Section 404.002(a), Labor Code, to make a conforming
change. 

SECTION 3.016.  Amends Section 404.003(b), Labor Code, to make a conforming
change. 

SECTION 3.017.  Amends Sections 404.004(a) and (d), Labor Code, to provide
that the Research and Oversight Council on Workers' Compensation (council)
is governed by a board of directors (board), which is composed of certain
individuals as well as the commissioner or a person designated by the
commissioner and a member of the risk management board of the State Office
of Risk Management, appointed by the risk management board.  Deletes
existing text relating to a member of the commission serving on the board
of directors.  Prohibits certain individuals from being an employee of the
council who is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, rather than salary group
17, of the position classification salary schedule. 

SECTION 3.018.  Amends Section 404.0041, Labor Code, to make a conforming
change. 

SECTION 3.019.  Amends Sections 404.007(a) and (d), Labor Code, to require
the board to review specific recommendations for legislation relating to
this subtitle, rather than to the Texas Worker's Compensation Act, formally
proposed by an entity listed in this section.  Makes conforming changes. 

SECTION 3.020.  Amends Section 404.008(c), Labor Code, to make conforming
changes. 

SECTION 3.021.  Amends Section 404.010(a), Labor Code, to make a conforming
change. 

SECTION 3.022.  Amends the heading to Section 406.004, Labor Code, as
follows: 

Sec. 406.004.  EMPLOYER NOTICE TO DEPARTMENT; ADMINISTRATIVE VIOLATION.
 
SECTION 3.023.  Amends Sections 406.004(a), (b), (c), and (d), Labor Code,
to make conforming changes. 

SECTION 3.024.  Amends Section 406.005(c), Labor Code, to authorize the
commissioner, rather than the commission, to adopt rules relating to the
form and content of a specific notice. 

SECTION 3.025.  Amends Sections 406.006(a), (b), and (c), Labor Code, to
authorize the commissioner, rather than the commission, to adopt rules that
establish the coverage and claim administration contact information
required under this subsection.  Makes conforming changes. 

 (b) Makes a conforming change.

 (c) Makes a conforming change.

SECTION 3.026.  Amends Sections 406.007(a), (b), and (c), Labor Code, to
make conforming changes. 

SECTION 3.027.  Amends Section 406.008, Labor Code, to make conforming
changes. 

SECTION 3.028.  Amends Sections 406.009(a), (b), (c), and (d), Labor Code,
to make a conforming change. 

(b) Authorizes the commissioner, rather than the commission, to adopt rules
necessary to enforce this subchapter. 

(c) Authorizes the department, rather than the commission, to designate a
data collection agent, implement an electronic reporting and public
information access program, and adopt rules necessary to implement the data
collection requirements of this subchapter.  Authorizes the commissioner,
rather than the executive director, to establish the form, manner, and
procedure for the transmission of information to the department, rather
than the commission, as authorized by Section 402.042(b)(11).   

 (d) Makes a conforming change.

SECTION 3.029.  Amends Section 406.010(c), Labor Code to require the
commissioner, rather than the commission, to further specify the
requirements of this section by rule. 

SECTION 3.030.  Amends Section 406.011(a), Labor Code, to authorize the
commissioner, rather than the commission, to require, by rule, an insurance
carrier to designate a representative in Austin to act as the insurance
carrier's agent before the department, rather than the commission, in
Austin. 

SECTION 3.031.  Amends Section 406.012, Labor Code, to make a conforming
change. 

SECTION 3.032.  Amends Section 406.051(c), Labor Code, to make a conforming
change. 

SECTION 3.033.  Amends Section 406.073(b), Labor Code, to make a conforming
change. 

SECTION 3.034.  Amends Sections 406.074(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.035.  Amends Section 406.093(b), Labor Code, to require the
commissioner, rather than the commission, to adopt, by rule, procedures
relating to the method of payment of benefits to legally incompetent
employees. 

SECTION 3.036.  Amends Section 406.095(b), Labor Code, to require the
commissioner, rather than the commission, to establish, by rule, the
procedures and requirements for an election under this  section. 

SECTION 3.037.  Amends Sections 406.144(c) and (d), Labor Code, to make
conforming changes. 

SECTION 3.038.  Amends Sections 406.145(a), (b), (c), (d), and (f), Labor
Code, to make conforming changes. 

SECTION 3.039.  Amends Section 406.162(b), Labor Code, to make conforming
changes. 

SECTION 3.040.  Amends Section 407.001(3), Labor Code, to make a conforming
change. 

SECTION 3.041.  Amends Section 407.021, Labor Code, to make a conforming
change. 

SECTION 3.042.  Amends Section 407.022, Labor Code, to make conforming
changes. 

SECTION 3.043.  Amends Section 407.023, Labor Code, as follows:

Sec. 407.023.  New heading: EXCLUSIVE POWERS AND DUTIES OF COMMISSIONER.
Requires the commissioner, rather than the commission by majority vote, to
perform certain duties.  Makes a conforming change. 

SECTION 3.044.  Amends Sections 407.041(a), (b), and (c), Labor Code, to
make conforming changes. 

SECTION 3.045.  Amends Section 407.042, Labor Code, to make a conforming
change. 

SECTION 3.046.  Amends Section 407.043, Labor Code, to make conforming
changes. 

SECTION 3.047.  Amends Section 407.044(a), Labor Code, to make a conforming
change. 

SECTION 3.048.  Amends Section 407.045, Labor Code, to make conforming
changes. 

SECTION 3.049.  Amends Sections 407.046(a), (b), and (d), Labor Code, to
make conforming changes. 

SECTION 3.050.  Amends Section 407.047(b), Labor Code, to make conforming
changes. 

SECTION 3.051.  Amends Sections 407.061(a), (c), (e), and (f), Labor Code,
to require the commissioner, rather than the commission, to adopt rules for
the requirements for the financial statements required by this section.
Makes conforming changes. 

SECTION 3.052.  Amends Section 407.062, Labor Code, to make conforming
changes. 

SECTION 3.053.  Amends Section 407.063(a), Labor Code, to make a conforming
change. 

SECTION 3.054.  Amends Section 407.064(b), Labor Code, to make a conforming
change. 

SECTION 3.055.  Amends Sections 407.081(a), (b), (c), (d), (f), and (g),
Labor Code, to make conforming changes. 

SECTION 3.056.  Amends Sections 407.082(a), (c), and (d), Labor Code, to
make conforming changes. 

SECTION 3.057.  Amends Section 407.101(b), Labor Code, to make a conforming
change. 

 SECTION 3.058.  Amends Section 407.102, Labor Code, to make conforming
changes. 

SECTION 3.059.  Amends Sections 407.103(a) and (d), Labor Code, to make
conforming changes. 

SECTION 3.060.  Amends Sections 407.104(b), (c), and (e), Labor Code, to
make conforming changes. 

SECTION 3.061.  Amends Sections 407.122(b) and (c), Labor Code, to  provide
that the board of directors of the Texas Certified Self-Insurer Guaranty
Association (board) consists of the following voting members: 

 _three certified self-insurers;

_the commissioner, rather than one commission member representing wage
earners; and 

 _the public counsel of the office of public insurance counsel;

Deletes existing text relating to one commission member representing
employers being a voting member of the board.  Deletes existing text
relating to the executive director of the commission being a nonvoting
member of the board. 

SECTION 3.062.  Amends Section 407.123(b), Labor Code, to make a conforming
change. 

SECTION 3.063.  Amends Section 407.124(a) and (c), Labor Code, to make
conforming changes. 

SECTION 3.064.  Amends Section 407.126(d), Labor Code, to make a conforming
change. 

SECTION 3.065.  Amends Section 407.127(a), Labor Code, to make a conforming
change. 

SECTION 3.066.  Amends Section 407.133(a), Labor Code, to authorize the
commissioner, rather than the commission after notice and hearing and by
majority vote, to suspend or revoke a certain certificate of authority to
self-insure. 

SECTION 3.067.  Amends Section 408.003(c), Labor Code, to make conforming
changes. 

SECTION 3.068.  Amends Sections 408.004(a), (b), (d), (e), and (f), Labor
Code, to make a conforming change. 

(b) Authorizes the commissioner, rather than the commission, to adopt rules
that require an employee to submit to not more than three medical
examinations in a 180-day period under specified circumstances.  Requires
the commissioner, rather than the commission, to adopt, by rule, a system
for monitoring requests made under this subsection by insurance carriers.
Makes a conforming change. 

 (d) Makes a conforming change.

(e) Requires the commissioner, rather than the commission, to ensure, by
rule, that an employee receives reasonable notice of an examination and of
the insurance carrier's basis for suspension of payment, and that the
employee is provided a reasonable opportunity to reschedule an examination
missed by the employee for good cause.  Makes conforming changes. 

(f) Requires the commissioner, rather than the commission, to adopt rules
as necessary to this subsection.  Makes conforming changes. 

SECTION 3.069.  Amends Section 408.005(e), Labor Code, to make a conforming
change. 
 
SECTION 3.070.  Amends Sections 408.022(a), (b), and (c), Labor Code, to
make conforming changes. 

SECTION 3.071.  Amends Section 408.023, Labor Code, to make conforming
changes. 

SECTION 3.072.  Amends Section 408.024, Labor Code, to make a conforming
change. 

SECTION 3.073.  Amends Sections 408.025(a), (b), and (d), Labor Code, to
require the commissioner, rather than the commission, to adopt, by rule,
requirements for certain reports and records.  Makes a conforming change. 

(b)  Requires the commissioner, rather than the commission, to adopt, by
rule, requirements for certain reports and records. 

 (d) Makes a conforming change.

SECTION 3.074.  Amends Section 408.026, Labor Code, to require the
commissioner, rather than the commission, to adopt rules necessary to
ensure that an examination required under this section is performed without
undue delay.  Makes conforming changes. 

SECTION 3.075.  Amends Section 408.027(d), Labor Code, to make a conforming
change. 

SECTION 3.076.  Amends Section 408.041(c), Labor Code, to make conforming
changes. 

SECTION 3.077.  Amends Section 408.043(c), Labor Code, to make conforming
changes. 

SECTION 3.078.  Amends Section 408.045, Labor Code, to make a conforming
change. 

SECTION 3.079.  Amends Section 408.061(f), Labor Code, to make a conforming
change. 

SECTION 3.080.  Amends Section 408.062(b), Labor Code, to make a conforming
change. 

SECTION 3.081.  Amends Section 408.063(a), Labor Code, to authorize the
commissioner, rather than the commission, in order to expedite the payment
of income benefits, to establish, by rule, reasonable presumptions relating
to the wages earned by an employee, including the presumption that an
employee's last paycheck accurately reflects the employee's usual wage. 

SECTION 3.082.  Amends Sections 408.081(b) and (c), Labor Code, to require
the commissioner, rather than the commission, to establish, by rule,
requirements for agreements under which income benefits may be paid
monthly.  Makes conforming changes. 

SECTION 3.083.  Amends Section 408.084(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.084.  Amends Section 408.085, Labor Code, to make conforming
changes. 

SECTION 3.085.  Amends Section 408.086, Labor Code, as follows:

Sec. 408.086.  New heading: DEPARTMENT DETERMINATION OF EXTENDED
UNEMPLOYMENT OR UNDEREMPLOYMENT.  Makes conforming changes. 

SECTION 3.086.  Amends Section 408.102(b), Labor Code, to require the
commissioner, rather than the commission, to establish, by rule, a
presumption that maximum medical improvement has been reached based on the
lack of medical improvement in the employee's condition. 

SECTION 3.087.  Amends Section 408.103(b), Labor Code, to provide that it
is assumed that the  employee's actual earnings for the previous year are
equal to the sum of the employee's wages as reported in the most recent
four quarterly wage reports to the Texas Workforce Commission, rather than
Texas Employment Commission, divided by 52.  Makes conforming changes. 

SECTION 3.088.  Amends Sections 408.104(a) and (c), Labor Code, to require
the commissioner, rather than the commission, to adopt rules to implement
this section, including rules establishing procedures for requesting and
disputing an extension.  Makes conforming changes. 

SECTION 3.089.  Amends Sections 408.122(b) and (c), Labor Code, to require
the department to develop qualification standards and administrative
policies to implement this subsection.  Authorizes the commissioner, rather
than the commission, to adopt rules as necessary.  Makes conforming
changes. 

SECTION 3.090.  Amends Sections 408.123(b) and (c), Labor Code, to make
conforming changes. 

SECTION 3.091.  Amends Section 408.124, Labor Code, to authorize the
commissioner, rather than the commission, notwithstanding certain parts of
this section, to adopt, by rule, the fourth edition of the "Guides to the
Evaluation of Permanent Impairment," published by the American Medical
Association, for determining the existence and degree of an employee's
impairment.  Makes conforming changes. 

SECTION 3.092.  Amends Sections 408.125(a), (b), (c), (d), (e), and (f),
Labor Code, to make conforming changes. 

SECTION 3.093.  Amends Section 408.127(c), Labor Code, to require the
commissioner, rather than the commission, to adopt rules and forms to
ensure the full reporting and accuracy of reductions and reimbursements
made under this section. 

SECTION 3.094.  Amends Sections 408.129(a), (b), and (d), Labor Code, to
make conforming changes. 

SECTION 3.095.  Amends Section 408.141, Labor Code, to make a conforming
change. 

SECTION 3.096.  Amends Sections 408.143(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.097.  Amends Section 408.147(c), Labor Code, to make a conforming
change. 

SECTION 3.098.  Amends Section 408.148, Labor Code, to make conforming
changes. 

SECTION 3.099.  Amends Section 408.149, Labor Code, to make conforming
changes. 

SECTION 3.100.  Amends Section 408.150(a), Labor Code, to make conforming
changes. 

SECTION 3.101.  Amends Sections 408.151(b) and (c), Labor Code, to make
conforming changes. 

SECTION 3.102.  Amends Section 408.161(d), Labor Code, to make a conforming
change. 

SECTION 3.103.  Amends Sections 408.181(c) and (d), Labor Code, to require
the commissioner, rather than the commission, to establish, by rule,
requirements for agreements under which death benefits may be paid monthly.
Makes conforming changes. 

SECTION 3.104.  Amends Section 408.182(f), Labor Code, to redefine
"eligible spouse" to make a conforming change. 

SECTION 3.105.  Amends Section 408.183(b), Labor Code, to make a conforming
change. 

SECTION 3.106.  Amends Section 408.187(c), Labor Code, to make a conforming
change. 
 
SECTION 3.107.  Amends Section 408.202, Labor Code, to make a conforming
change. 

SECTION 3.108.  Amends Sections 408.221(a)-(f), Labor Code, to make
conforming changes. 

 (b) Makes a conforming change.

 (c) Makes a conforming change.

(d) Authorizes the commissioner, rather than the commission, by rule to
provide for the commutation of an attorney's fee, except that the
attorney's fee shall be paid in periodic payments in a claim involving
death benefits if the only dispute is as to the proper beneficiary or
beneficiaries.  Makes conforming changes. 

(e) Requires the commissioner, rather than the commission, to provide, by
rule, guidelines for maximum attorney's fees for specific services in
accordance with this section. 

 (f) Makes a conforming change.

SECTION 3.109.  Amends Section 408.222, Labor Code, to make conforming
changes. 

SECTION 3.110.  Amends Section 409.002, Labor Code, to make a conforming
change. 

SECTION 3.111.  Amends Section 409.003, Labor Code, to make a conforming
change. 

SECTION 3.112.  Amends Section 409.004, Labor Code, to make a conforming
change. 

SECTION 3.113.  Amends Sections 409.005(d), (e), (f), (h), and (i), Labor
Code, to authorize the commissioner, rather than the commission, to adopt
rules relating to certain information, development, and implementation.
Makes conforming changes. 

SECTION 3.114.  Amends Sections 409.006(b) and (c), Labor Code, to
authorize the commissioner, rather than the commission, to adopt rules
relating to the information that must be contained in an employer record
under this section.  Makes conforming changes. 

SECTION 3.115.  Amends Section 409.007(a), Labor Code, to make a conforming
change. 

SECTION 3.116.  Amends Section 409.009, Labor Code, to make a conforming
change. 

SECTION 3.117.  Amends Section 409.010, Labor Code, to make conforming
changes. 

SECTION 3.118.  Amends Sections 409.011(a) and (c), Labor Code, to make
conforming changes. 

SECTION 3.119.  Amends Section 409.012, Labor Code, to authorize the
commissioner, rather than the commission, to require, by rule, that a
private provider of vocational rehabilitation services maintain certain
credentials and qualifications in order to provide services in connection
with a worker's compensation insurance claim.  Makes conforming changes. 

SECTION 3.120.  Amends Section 409.013, Labor Code, to make conforming
changes. 

SECTION 3.121.  Amends Sections 409.021(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.122.  Amends Section 409.022(c), Labor Code, to make a conforming
change. 

SECTION 3.123.  Amends Section 409.023(a), Labor Code, to make a conforming
change. 

 SECTION 3.124.  Amends Section 409.0231(b), Labor Code, to require the
commissioner, rather than the commission, to adopt rules in consultation
with the Texas Department of Information Resources as necessary to
implement this section, including rules prescribing a period of benefits
that is of sufficient duration to allow payment by electronic funds
transfer. 

SECTION 3.125.  Amends Section 409.024, Labor Code, to make conforming
changes. 

SECTION 3.126.  Amends Section 409.041(a), Labor Code, to make a conforming
change. 

SECTION 3.127.  Amends Sections 409.042(a) and (c), Labor Code, to require
the commissioner, rather than the commission, to adopt, by rule, training
guidelines and continuing education requirements for ombudsmen.  Makes a
conforming change. 

SECTION 3.128.  Amends Section 409.043(a), Labor Code, to make a conforming
change. 

SECTION 3.129.  Amends Section 409.044, Labor Code, to make a conforming
change. 

SECTION 3.130.  Amends Section 410.002, Labor Code, to make a conforming
change. 

SECTION 3.131.  Amends Section 410.004, Labor Code, to make a conforming
change. 

SECTION 3.132.  Amends Section 410.005(a), Labor Code, to make a conforming
change. 

SECTION 3.133.  Amends Section 410.021, Labor Code, to make a conforming
change. 

SECTION 3.134.  Amends Sections 410.022(b) and (c), Labor Code, to make
conforming changes. 

SECTION 3.135.  Amends Section 410.023, Labor Code, to make a conforming
change. 

SECTION 3.136.  Amends Section 410.024, Labor Code, to require the
commissioner, rather than the commission, by rule to adopt guidelines
relating to claims that do not require a benefit review conference and may
proceed directly to a contested case hearing or arbitration.  Makes a
conforming change. 

SECTION 3.137.  Amends Section 410.025, Labor Code, to require the
commissioner, rather than the commission, to prescribe, by rule, the time
within which a benefit review conference must be scheduled. 

 (b) Makes a conforming change.

 (c) Makes a conforming change.

(d) Requires the commissioner, rather than the commission, to provide, by
rule, for expedited proceedings in cases in which compensability or
liability for essential medical treatment is in dispute. 

SECTION 3.138.  Amends Section 410.026(a), Labor Code, to make a conforming
change. 

SECTION 3.139.  Amends Section 410.027(a), Labor Code, to require the
commissioner, rather than the commission, to adopt rules for conducting
benefit review conferences. 

SECTION 3.140.  Amends Section 410.030, Labor Code, to make conforming
changes. 

SECTION 3.141.  Amends Section 410.034(b), Labor Code, to require the
commissioner, rather than the commission, to prescribe, by rule, the times
within which the aggreement and report must be filed. 
 
SECTION 3.142.  Amends Section 410.102, Labor Code, to delete existing text
relating to the approval of an arbitrator by certain members of the
commission.  Makes conforming changes. 

SECTION 3.143. Amends Section 410.103, Labor Code, to make a conforming
change. 

SECTION 3.144.  Amends Sections 410.104(b) and (c), Labor Code, to make
conforming changes. 

SECTION 3.145.  Amends Section 410.105, Labor Code, to authorize the
commissioner, rather than the commission, to remove an arbitrator.  Deletes
existing text relating to the removal of an arbitrator by the commission.
Makes conforming changes. 

SECTION 3.146.  Amends Section 410.106, Labor Code, to make conforming
changes. 

SECTION 3.147.  Amends Section 410.107(a), Labor Code, to make conforming
changes. 

SECTION 3.148.  Amends Section 410.108(a), Labor Code, to make a conforming
change. 

SECTION 3.149.  Amends Section 410.109, Labor Code, to make conforming
changes. 

SECTION 3.150.  Amends Section 410.111, Labor Code, to require the
commissioner, rather than the commission, to adopt rules for arbitration
consistent with generally recognized arbitration principles and procedures. 

SECTION 3.151.  Amends Section 410.114(b), Labor Code, to make a conforming
change. 

SECTION 3.152.  Amends Section 410.118(d), Labor Code, to make a conforming
change. 

SECTION 3.153.  Amends Section 410.119(b), Labor Code, to make a conforming
change. 

SECTION 3.154.  Amends Sections 410.121(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.155.  Amends Section 410.151(b), Labor Code, to make a conforming
change. 

SECTION 3.156.  Amends Section 410.153, Labor Code, to make a conforming
change. 

SECTION 3.157.  Amends Section 410.154, Labor Code, to make a conforming
change. 

SECTION 3.158.  Amends Section 410.155, Labor Code, to make conforming
changes. 

SECTION 3.159.  Amends Section 410.157, Labor Code, to require the
commissioner, rather than the commission, to adopt rules governing
procedures under which contested case hearings are conducted. 

SECTION 3.160.  Amends Section 410.158(a), Labor Code, to make a conforming
change. 

SECTION 3.161.  Amends Section 410.159, Labor Code, to require the
commissioner, rather than the commission, to prescribe, by rule, standard
form sets of interrogatories to elicit information from claimant and
insurance carriers.  Makes a conforming change. 

SECTION 3.162.  Amends Section 410.160, Labor Code, to make a conforming
change. 

SECTION 3.163.  Amends Section 410.161, Labor Code, to make a conforming
change. 

SECTION 3.164.  Amends Sections 410.168(d) and (e), Labor Code, to require
the commissioner, rather than the commission, to prescribe, by rule, the
times within which the hearing officer must file the  decisions with the
division.  Makes a conforming change. 

SECTION 3.165.  Amends Section 410.203(d), Labor Code, to require the
commissioner, rather than the commission, to adopt rules to give a hearing
on remand priority over other proceedings. 

SECTION 3.166.  Amends Section 410.204(b), Labor Code, to make a conforming
change. 

SECTION 3.167.  Amends Section 410.206, Labor Code, to make a conforming
change. 

SECTION 3.168.  Amends Section 410.207, Labor Code, to make a conforming
change. 

SECTION 3.169.  Amends Sections 410.208(a) and (c), Labor Code, to make
conforming changes. 

SECTION 3.170.  Amends Section 410.209, Labor Code, to require the
commissioner, rather than the commission, to adopt rules to provide for the
periodic reimbursement schedule, providing for reimbursement at least
annually.  Makes a conforming change. 

SECTION 3.171.  Amends Section 410.253, Labor Code, to make a conforming
change. 

SECTION 3.172.  Amends Section 410.254, Labor Code, as follows:

 Sec. 410.254.  New heading: INTERVENTION.  Makes conforming changes.

SECTION 3.173.  Amends the heading to Section 410.258, Labor Code, to read
as follows: 

Sec. 410.258.  NOTIFICATION OF DEPARTMENT OF PROPOSED JUDGMENTS AND
SETTLEMENTS; RIGHT TO INTERVENE. 

SECTION 3.174.  Amends Sections 410.258(a), (b), (c), (d), and (e), Labor
Code, to make conforming changes. 

SECTION 3.175.  Amends Section 410.301(a), Labor Code, to make a conforming
change. 

SECTION 3.176.  Amends Section 410.302, Labor Code, to make a conforming
change. 

SECTION 3.177.  Amends Section 410.304, Labor Code, to make conforming
changes. 

SECTION 3.178.  Amends Sections 410.306(b) and (c), Labor Code, to make
conforming changes. 

SECTION 3.179.  Amends Sections 410.307(a) and (d), Labor Code, to make
conforming changes. 

SECTION 3.180.  Amends Section 410.308(a), Labor Code, to make conforming
changes. 

SECTION 3.181. Amends Section 411.001(1), Labor Code, to redefine
"division" to make a conforming change. 

SECTION 3.182.  Amends Section 411.013, Labor Code, to make a conforming
change. 

SECTION 3.183.  Amends Section 411.032, Labor Code, to require the
commissioner, rather than the commission, to adopt rules and prescribe the
form and manner of reports filed under this section. Makes conforming
changes. 

SECTION 3.184.  Amends Section 411.035, Labor Code, to make a conforming
change. 

SECTION 3.185.  Amends Section 411.0415, Labor Code, to require the
commissioner, rather than  the commission, by rule to analyze and list
fatalities that may not be related to the work environment, including
certain fatalities.  Makes conforming changes. 

SECTION 3.186.  Amends Section 411.042(b), Labor Code, to require the
commissioner, rather than the commission, by rule to require a minimum
interval of at least six minths before a subsequent audit to identify an
employer who was previously identified as a hazardous employer.   
SECTION 3.187.  Amends Section 411.043(b), Labor Code, to make a conforming
change. 

SECTION 3.188.  Amends Section 411.045(a), Labor Code, to make a conforming
change. 

SECTION 3.189.  Amends Section 411.048, Labor Code, to make conforming
changes. 

SECTION 3.190.  Amends Section 411.049(a), Labor Code, to make a conforming
change. 

SECTION 3.191.  Amends Section 411.050, Labor Code, to make a conforming
change. 

SECTION 3.192.  Amends Section 411.062, Labor Code, to require the
commissioner, rather than the commission, by rule to establish
qualifications for field safety representatives.  Makes conforming changes. 

SECTION 3.193.  Amends Section 411.064(c), Labor Code, to make conforming
changes. 

SECTION 3.194.  Amends Section 411.065(b), Labor Code, to make a conforming
change. 

SECTION 3.195.  Amends the heading to Section 411.067, Labor Code, to read
as follows: 

 Sec. 411.067.  DEPARTMENT PERSONNEL.

SECTION 3.196.  Amends Section 411.067(a), Labor Code, to make a conforming
change. 

SECTION 3.197.  Amends Section 411.081(b), Labor Code, to make a conforming
change. 

SECTION 3.198.  Amends Section 411.092, Labor Code, to require the
departmentr, rather than the commission, to enforce Section 411.091 and to
authorize the commissioner to adopt rules for that purpose. 

SECTION 3.199.  Amends Section 411.104(b), Labor Code, to make a conforming
change. 

SECTION 3.200.  Amends Section 411.105, Labor Code, to make conforming
changes. 

SECTION 3.201.  Amends Section 411.106, Labor Code, to make conforming
changes. 

SECTION 3.202.  Amends Section 411.107, Labor Code, to make conforming
changes. 

SECTION 3.203.  Amends Section 411.108, Labor Code, to make conforming
changes. 

SECTION 3.204.  Amends Sections 412.041(f), (g), and (j), Labor Code, to
make conforming changes. 

SECTION 3.205.  Amends Section 413.001, Labor Code, to make a conforming
change. 

SECTION 3.206.  Amends Section 413.002, Labor Code, to make conforming
changes. 

SECTION 3.207.  Amends Section 413.003, Labor Code, to make a conforming
change. 

 SECTION 3.208.  Amends Section 413.004, Labor Code, to make a conforming
change. 

SECTION 3.209.  Amends Sections 413.005(a), (b), and (d), Labor Code, to
make conforming changes. 

SECTION 3.210.  Amends Section 413.006, Labor Code, to make a conforming
change. 

SECTION 3.211.  Amends Sections 413.007(a) and (c), Labor Code, to make
conforming changes. 

SECTION 3.212.  Amends Sections 413.008(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.213.  Amends Section 413.011, Labor Code, to require the
commissioner, rather than the commission, by rule to establish medical
policies and guidelines relating to certain items.   

 (b) Makes a conforming change.

 (c) Makes a conforming change.

(d) Requires the commissioner, rather than the commission, by rule to
establish medical policies relating to necessary treatments for injuries. 

SECTION 3.214.  Amends Section 413.013, Labor Code, to require the
commissioner, rather than the commission, by rule to establish certain
programs.  Makes conforming changes. 

SECTION 3.215.  Amends Section 413.014, Labor Code, to require the
commissioner, rather than the commission, to specify, by rule, which health
care treatments and services require express preauthorization by the
insurance carrier.  Makes a conforming change. 

SECTION 3.216.  Amends Section 413.015(b), Labor Code, to require the
commissioner, rather than the commission, to provide, by rule, for the
review and audit of the payment by insurance carriers of charges for
medical services provided under this subtitle to endure compliance of
health care providers and insurance carriers with the medical policies and
fee guidelines adopted by the commissioner, rather than the commission. 

SECTION 3.217.  Amends Section 413.016(b), Labor Code, to make a conforming
change. 

SECTION 3.218.  Amends Section 413.017, Labor Code, to make conforming
changes. 

SECTION 3.219.  Amends Sections 413.018(a), (c), (d), and (e), Labor Code,
to require the commissioner, rather than the commission, by rule to provide
for the periodic review of medical care provided in claims in which
guidelines for expected or average return to work time frames are exceeded.
Authorizes the commissioner, rather than the commission, to adopt rules
necessary to implement this section.  Authorizes the department to
prescribe forms as necessary to implement this section.  Makes conforming
changes. 

SECTION 3.220.  Amends Section 413.020, Labor Code, as follows:

Sec. 413.020.  New heading: DEPARTMENT CHARGES.  Requires the commissioner,
rather than the commission, to establish, by rule, procedures to enable the
department, rather than the commission, to charge fees to certain entities. 

SECTION 3.221.  Amends Sections 413.031(a) and (c), Labor Code, to make
conforming changes. 

SECTION 3.222.  Amends Section 413.041, Labor Code, to make conforming
changes. 

 SECTION 3.223.  Amends Section 413.044, Labor Code, to make conforming
changes. 

SECTION 3.224.  Amends Section 413.051, Labor Code, to make conforming
changes. 

SECTION 3.225.  Amends Section 413.052, Labor Code, to require the
commissioner, rather than the commission, by rule to establish procedures
to enable the commission to compel the production of documents. 

SECTION 3.226.  Amends Section 413.053, Labor Code, to require the
commissioner, rather than the commission, by rule to establish standards of
reporting and billing governing content.  Deletes existing test relating to
standards of the form of reporting and billing. 

SECTION 3.227.  Amends Section 413.054(a), Labor Code, to provide that a
person who performs services for the department, rather than the
commission, as a designated doctor, an independent medical examiner, a
doctor performing a medical case review, or a member of a peer review panel
has the same immunity from liability as the commissioner, rather than a
commission member, under Section 402.012, rather than Section 402.010. 

SECTION 3.228.  Amends Sections 413.055(a) and (b), Labor Code, to require
the commissioner, rather than the commission, to adopt rules to provide for
a periodic reimbursement schedule, providing for reimbursement at least
annually.  Makes conforming changes. 

SECTION 3.229.  Amends Section 414.002(a), Labor Code, to delete existing
text relating to persons monitored by the division of medical review.
Makes conforming changes. 

SECTION 3.230.  Amends Section 414.003, Labor Code, to make conforming
changes. 

SECTION 3.231.  Amends Section 414.005, Labor Code, to make a conforming
change. 

SECTION 3.232.  Amends Section 415.001, Labor Code, to make conforming
changes. 

SECTION 3.233.  Amends Section 415.002, Labor Code, to provide that an
insurance carrier or its representative commits an administrative violation
if that person wilfully or intentionally adjusts a workers' compensation
claim in a manner contrary to license requirements for an insurance
carrier, including the rule of the Texas Department of Insurance, rather
than the State Board of Insurance. Makes conforming changes. 

SECTION 3.234.  Amends Section 415.003, Labor Code, to make conforming
changes. 

SECTION 3.235.  Amends Sections 415.0035(a) and (b), Labor Code, to make
conforming changes. 

SECTION 3.236. Amends Section 415.007(a), Labor Code, to make a conforming
change. 

SECTION 3.237.  Amends Section 415.008(e), Labor Code, to make a conforming
change. 

SECTION 3.238.  Amends Section 415.010(a), Labor Code, to make a conforming
change. 

SECTION 3.239.  Amends Sections 415.021(a), (b), and (c), Labor Code, to
make conforming changes. 

SECTION 3.240.  Amends Section 415.023(b), Labor Code, to authorize the
commissioner, rather than the commission, to adopt rules providing for
certain actions. 

SECTION 3.241.  Amends Section 415.024, Labor Code, to make a conforming
change. 

 SECTION 3.242.  Amends Section 415.032(b), Labor Code, to make conforming
changes. 

SECTION 3.243.  Amends Section 415.033, Labor Code, to make a conforming
change. 

SECTION 3.244.  Amends Section 415.034(a), Labor Code, to make a conforming
change. 

SECTION 3.245.  Amends Sections 415.035(b) and (d), Labor Code, to make
conforming changes. 

SECTION 3.246.  Amends Section 416.001, Labor Code, to make a conforming
change. 

SECTION 3.247.  Amends Sections 417.001(c) and (d), Labor Code, to make
conforming changes. 

SECTION 3.248.  Amends Section 417.003(b), Labor Code, to make a conforming
change. 

SECTION 3.249.  Amends Section 501.001, Labor Code, to delete wording
relating to the definition of "commission."  Defines "department." 

SECTION 3.250.  Amends Section 501.026(d), Labor Code, to make a conforming
change. 

SECTION 3.251.  Amends Section 501.050(a), Labor Code, to make conforming
changes. 

SECTION 3.252.  Amends Section 502.001(1), Labor Code, to define
"department."  Deletes wording relating to the definition of "commission." 

SECTION 3.253.  Amends the heading to Section 502.063, Labor Code, to read
as follows: 

 Sec. 502.063.  CERTIFIED COPIES OF DEPARTMENT DOCUMENTS.

SECTION 3.254.  Amends Sections 502.063(a) and (c), Labor Code, to prohibit
a fee or salary from being paid to the commissioner or an employee of the
department under certain circumstances.  Makes conforming changes. 

SECTION 3.255.  Amends Section 502.065(a), Labor Code, to make a conforming
change. 

SECTION 3.256.  Amends Sections 502.066(a) and (e), Labor Code, to make
conforming changes. 

SECTION 3.257.  Amends Section 502.067(a), Labor Code, to make a conforming
change. 

SECTION 3.258.  Amends Section 502.068, Labor Code, to make conforming
changes. 

SECTION 3.259.  Amends Section 502.069(a), Labor Code, to make conforming
changes. 

SECTION 3.260.  Amends Section 503.001(1), Labor Code, to define
"department."  Deletes wording relating to the definition of "commission." 

SECTION 3.261.  Amends the heading to Section 503.063, Labor Code, to read
as follows: 

 Sec. 503.063.  CERTIFIED COPIES OF DEPARTMENT DOCUMENTS.

SECTION 3.262.  Amends Sections 503.063(a) and (c), Labor Code, to make
conforming changes. 

SECTION 3.263.  Amends Section 503.065(a), Labor Code, to make a conforming
change. 

SECTION 3.264.  Amends Section 503.066(a) and (e), Labor Code, to make
conforming changes. 

 SECTION 3.265.  Amends Section 503.067(a), Labor Code, to make a
conforming change. 

SECTION 3.266.  Amends Section 503.068, Labor Code, to make conforming
changes. 

SECTION 3.267.  Amends Section 503.069(a), Labor Code, to make conforming
changes. 

SECTION 3.268.  Amends Section 503.070(a), Labor Code, to make conforming
changes. 

SECTION 3.269.  Amends Section 504.001(1), Labor Code, to define
"department."  Deletes wording relating to the definition of "commission." 

SECTION 3.270.  Amends the heading to Section 504.018, Labor Code, to read
as follows: 

Sec. 504.018.  NOTICE TO DEPARTMENT AND EMPLOYEES; EFFECT ON COMMON-LAW OR
STATUTORY LIABILITY. 

SECTION 3.271.  Amends Section 504.018(a), Labor Code, to make a conforming
change. 

SECTION 3.272.  Amends the heading to Section 505.053, Labor Code, to read
as follows: 

Sec. 505.053.  CERTIFIED COPIES OF TEXAS DEPARTMENT OF WORKERS'
COMPENSATION DOCUMENTS. 

SECTION 3.273.  Amends Sections 505.053(a) and (c), Labor Code, to make
conforming changes. 

SECTION 3.274.  Amends Section 505.054(d), Labor Code, to make conforming
changes. 

SECTION 3.275.  Amends Section 505.055, Labor Code, to require the
department to file, in addition to subsequent reports of an injury filed
with the department under Section 409.005(i), rather than 409.005(e), a
subsequent report on a form obtained for that purpose on the termination of
incapacity of the injured employee, or if the incapacity extends beyond 60
days.  Makes conforming changes. 

SECTION 3.276.  Amends Sections 505.056(a) and (d), Labor Code, to make
conforming changes. 

SECTION 3.277.  Amends Section 505.057(a), Labor Code, to make a conforming
change. 

SECTION 3.278.  Amends Section 505.058, Labor Code, to make conforming
changes. 

SECTION 3.279.  Amends Section 505.059(a), Labor Code, to make conforming
changes. 

ARTICLE 4.  REPEALER

SECTION 4.001.  Repealer: Section 402.063 (Appointment of Executive
Director), Labor Code; and Section 505.001(1), Labor Code. 

ARTICLE 5.  TRANSITION PROVISIONS; EFFECTIVE DATE

SECTION 5.001.  Provides that the change in designation of the Texas
Workers' Compensation Commission (commission) to the Texas Department of
Workers' Compensation (department) does not affect or impair any act done
or taken, any rule, standard, or rate adopted, any order or certificate
issued, or any form approved by the commission as a state agency, or any
penalty assessed by the commission as a state agency before the change in
designation made by this Act. 

SECTION 5.002.  (a) Provides that the commission is abolished on the
effective date of this Act.  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 commissioner of workers' compensation (commissioner) is appointed
and duly qualified for office. 

(b) Provides that a person who is serving as a member or as executive
director of the commission on August 31, 2001, is not eligible for
appointment as commissioner under Section 402.004, Labor Code, as added by
this Act. 

SECTION 5.003.  Provides that all appropriations made by the legislature
for the use and benefit of the commission are available for the use and
benefit of the department. 

SECTION 5.004.  Requires the governor to appoint the commissioner not later
than December 31, 2001. 

SECTION 5.005.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends As Filed S.B. 851 to transfer certain powers, functions, duties, and
requirements from the Texas Workers' Compensation Commission (commission)
to the Texas Department of Workers' Compensation (department) rather than
to the commissioner of workers' compensation (commissioner), and from the
commission to the commissioner rather than the department.  Also amends As
Filed S.B. 851 as follows: 

SECTION 1.001.  Sec. 402.001.  Adds proposed text relating to certain
requirements of the department. 

 Sec. 402.002.  Adds proposed text relating to the composition of the
department. 

Sec. 402.003.  Amends proposed text relating to the enforcement of certain
laws by the commissioner.  Adds proposed text relating to powers and duties
of the commissioner and actions the commissioner is authorized to take. 

Sec. 402.010.  Amends text relating to the validity of an action of the
commissioner or the department. 

SECTION 1.002.  Sec. 402.041.  Amends proposed text relating to the
appointment of certain individuals. 

 Sec. 402.043.  Removes proposed text relating to the commissioner's
designee. 

 Sec. 402.044.  Makes a conforming change.

SECTION 2.002.  Sec. 402.021.  Adds proposed text relating to the
allocation of functions among certain divisions. 

SECTION 2.030.  Adds proposed text relating to the State Office of
Administrative Hearings. 

SECTION 3.007.  Removes proposed text relating to certain references in law.

SECTION 3.017.  Adds proposed text relating to the composition of Research
and Oversight Council on Workers' Compensation. 

SECTION 3.028.  Transfers rulemaking authority from the commission to the
department, rather than to the commissioner. 
 
SECTION 3.145.  Maintains and amends text relating to the removal of an
arbitrator. 

SECTION 3.226.  Deletes existing text relating to standards of form of
reporting and billing. 

SECTION 3.229.  Amends existing text relating to persons monitored by the
division of medical review. 

SECTION 3.254.  Adds proposed text relating to certain payments to the
commissioner. 

SECTION 3.262.  Makes a conforming change.

SECTION 5.002.  Adds text relating to the expiration of the term of a
person serving on the commission on the effective date of this Act.