77R11305 E                           
         By Brimer                                             H.B. No. 1203
         Substitute the following for H.B. No. 1203:
         By Brimer                                         C.S.H.B. No. 1203
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the purchase of certain insurance coverage by state
 1-3     agencies and to workers' compensation insurance benefits provided
 1-4     by certain state agencies.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6                 ARTICLE 1.  PURCHASE OF INSURANCE COVERAGE
 1-7           SECTION 1.01. Section 412.001(4), Labor Code, is amended to
 1-8     read as follows:
 1-9                 (4)  "State agency" means:
1-10                       (A)  a board, commission, department, office, or
1-11     other agency in the executive, judicial, or legislative branch of
1-12     state government that has five or more employees, was created by
1-13     the constitution or a statute of this state, and has authority not
1-14     limited to a specific geographical portion of the state; and
1-15                       (B)  an institution of higher education as
1-16     defined by Section 61.003, Education Code.
1-17           SECTION 1.02. Subchapter B, Chapter 412, Labor Code, is
1-18     amended by amending Section 412.011 and adding Section 412.0111 to
1-19     read as follows:
1-20           Sec. 412.011.  POWERS AND DUTIES OF OFFICE.  (a)  The State
1-21     Office of Risk Management shall [is created to] administer
1-22     insurance services obtained by state agencies, including the
1-23     government employees workers' compensation insurance program and
1-24     the state risk management programs.
 2-1           (b)  The office shall:
 2-2                 (1)  operate as a full-service risk manager and
 2-3     insurance manager for state agencies as provided by Subsections (c)
 2-4     and  (d);
 2-5                 (2)  maintain and review records of property, casualty,
 2-6     or liability insurance coverages purchased by or for a state
 2-7     agency;
 2-8                 (3)  administer guidelines adopted by the board for a
 2-9     comprehensive risk management program applicable to all state
2-10     agencies to reduce property and liability losses, including
2-11     workers' compensation losses;
2-12                 (4) [(2)]  review, verify, monitor, and approve risk
2-13     management programs adopted by state agencies;
2-14                 (5) [(3)]  assist a state agency that has not
2-15     implemented an effective risk management program to implement a
2-16     comprehensive program that meets the guidelines established by the
2-17     board; and
2-18                 (6) [(4)]  administer the workers' compensation
2-19     insurance program for state employees established under Chapter
2-20     501.
2-21           (c)  The office shall:
2-22                 (1)  perform risk management for each state agency
2-23     subject to Chapter 412; and
2-24                 (2)  purchase insurance coverage for a state agency
2-25     subject to Chapter 501 under any line of insurance other than
2-26     health or life insurance, including liability insurance authorized
2-27     under Chapter 612, Government Code.
 3-1           (d)  The office may perform risk management for a state
 3-2     agency that is not subject to Chapter 501.  In administering
 3-3     insurance services for such a  state agency, the office and the
 3-4     state agency are subject to Section 412.0112.
 3-5           (e)  The board by rule shall develop an implementation
 3-6     schedule for the purchase under this section of insurance for state
 3-7     agencies by the office.  The board shall phase in, by line of
 3-8     insurance, the requirement that a state agency purchase coverage
 3-9     only through the office.
3-10           (f)  A state agency subject to Chapter 501 may not purchase
3-11     property, casualty, or liability insurance coverage without the
3-12     approval of the board.
3-13           Sec. 412.0111.  AFFILIATION WITH OFFICE OF ATTORNEY GENERAL.
3-14     The office is administratively attached to the office of the
3-15     attorney general and the office of the attorney general shall
3-16     provide the facilities for the office, but the office shall be
3-17     independent of the office of the attorney general's direction.
3-18           SECTION 1.03.  Subchapter B, Chapter 412, Labor Code, is
3-19     amended by adding Section 412.0112 to read as follows:
3-20           Sec. 412.0112.  PURCHASE OF INSURANCE COVERAGE BY STATE
3-21     AGENCIES NOT SUBJECT TO CHAPTER 501.  (a)  This section applies to:
3-22                 (1)  an institution or agency subject to Chapter 502;
3-23                 (2)  an institution or agency subject to Chapter 503;
3-24     and
3-25                 (3)  a state agency subject to Chapter 505.
3-26           (b)  An entity to which this section applies must give the
3-27     office 30 days' notice in writing of the entity's intent to
 4-1     purchase insurance coverage in a line of insurance described by
 4-2     Section 412.011(c).
 4-3           (c)  The office shall submit bids to the entity for the
 4-4     purchase of the insurance coverage through the office.  The entity
 4-5     is not required to purchase the coverage through the office, but
 4-6     must report the purchase to the office as provided by Section
 4-7     412.051.
 4-8           SECTION 1.04. Subchapter B, Chapter 412, Labor Code, is
 4-9     amended by amending Section 412.012 and adding Sections 412.0121,
4-10     412.0122, and 412.0123 to read as follows:
4-11           Sec. 412.012.  FUNDING. [(a)]  The office shall be
4-12     administered through money appropriated by the legislature and
4-13     through:
4-14                 (1)  interagency contracts for purchase of insurance
4-15     coverage and the operation of the risk management program; and
4-16                 (2)  the allocation program for the financing of state
4-17     workers' compensation benefits.
4-18           Sec. 412.0121.  INTERAGENCY CONTRACTS. (a)  [(b)  Interagency
4-19     Contracts.  (1)]  Each state agency shall enter into an interagency
4-20     contract with the office under Chapter 771, Government Code, to pay
4-21     the costs incurred by the office in administering this chapter for
4-22     the benefit of that state agency.
4-23           (b)  Costs payable under the contract include the cost of:
4-24                 (1) [(A)]  services of office employees;
4-25                 (2) [(B)]  materials; and
4-26                 (3) [(C)]  equipment, including computer hardware and
4-27     software.
 5-1           (c) [(2)]  The amount of the costs to be paid by a state
 5-2     agency under the interagency contract is based on:
 5-3                 (1) [(A)]  the number of employees of the agency
 5-4     compared with the total number of employees of all state agencies
 5-5     to which this chapter applies;
 5-6                 (2) [(B)]  the dollar value of the agency's property
 5-7     and asset and liability exposure compared to that of all state
 5-8     agencies to which this chapter applies; and
 5-9                 (3) [(C)]  the number and aggregate cost of claims and
5-10     losses incurred by the state agency compared to those incurred by
5-11     all state agencies to which this chapter applies.
5-12           (d)  The board may by rule establish the formula for
5-13     allocating the cost of this chapter in an interagency contract in a
5-14     manner that gives consideration to the factors in Subsection (c)
5-15     and any other factors it deems relevant, including an agency's risk
5-16     management expenditures, unique risks, and established programs.
5-17           Sec. 412.0122.  STATE SELF-INSURING FOR WORKERS'
5-18     COMPENSATION.  (a) [(c)]  The state is self-insuring with respect
5-19     to an employee's compensable injury.
5-20           (b)  The legislature shall appropriate the amount designated
5-21     by the appropriation structure for the payment of state workers'
5-22     compensation claims costs to the office.  This section does not
5-23     affect the reimbursement of claims costs by funds other than
5-24     general revenue funds, as provided by the General Appropriations
5-25     Act.
5-26           Sec. 412.0123.  DEPOSIT OF WORKERS' COMPENSATION SUBROGATION
5-27     RECOVERIES. (a) [(d)  State Workers' Compensation Account.  (1)]
 6-1     All money recovered by the director from a third party through
 6-2     subrogation shall be deposited into the state workers' compensation
 6-3     account in general revenue.
 6-4           (b) [(2)]  Funds deposited under this section may be used for
 6-5     the payment of workers' compensation [and other] benefits to state
 6-6     employees.
 6-7           SECTION 1.05. Section 412.021(a), Labor Code, is amended to
 6-8     read as follows:
 6-9           (a)  The office is governed by the risk management board.
6-10     Members of the board must have demonstrated experience in the
6-11     fields [field] of:
6-12                 (1)  insurance and insurance regulation;
6-13                 (2)  workers' compensation; and
6-14                 (3)  risk management administration.
6-15           SECTION 1.06. Section 412.022(b), Labor Code, is amended to
6-16     read as follows:
6-17           (b)  A training program established under this section must
6-18     provide information to the member regarding:
6-19                 (1)  the enabling legislation that created the board;
6-20                 (2)  the program operated by the board;
6-21                 (3)  the role and functions of the board;
6-22                 (4)  the rules of the board, with an emphasis on the
6-23     rules that relate to disciplinary and investigatory authority;
6-24                 (5)  the current budget for the board;
6-25                 (6)  the results of the most recent formal audit of the
6-26     board;
6-27                 (7)  the requirements of:
 7-1                       (A)  the open meetings law, Chapter 551,
 7-2     Government Code;
 7-3                       (B)  the public information [open records] law,
 7-4     Chapter 552, Government Code; and
 7-5                       (C)  the administrative procedure law, Chapter
 7-6     2001, Government Code;
 7-7                 (8)  the requirements of the conflict of interest laws
 7-8     and other laws relating to public officials; and
 7-9                 (9)  any applicable ethics policies adopted by the
7-10     board or the Texas Ethics Commission.
7-11           SECTION 1.07. Section 412.041, Labor Code, is amended to read
7-12     as follows:
7-13           Sec. 412.041.  DIRECTOR DUTIES[; RESPONSIBILITIES]. (a)  The
7-14     director serves as the state risk manager.
7-15           (b)  The director shall supervise the development and
7-16     administration of systems to:
7-17                 (1)  identify the property and liability losses,
7-18     including workers' compensation losses, of each state agency;
7-19                 (2)  identify the administrative costs of risk
7-20     management incurred by each state agency;
7-21                 (3)  identify and evaluate the exposure of each state
7-22     agency to claims for property and liability losses, including
7-23     workers' compensation; and
7-24                 (4)  reduce the property and liability losses,
7-25     including workers' compensation, incurred by each state agency.
7-26           (c)  In addition to other duties provided by this chapter, by
7-27     Chapter 501, and by the board, the director shall:
 8-1                 (1)  keep full and accurate minutes of the transactions
 8-2     and proceedings of the board;
 8-3                 (2)  be the custodian of the files and records of the
 8-4     board;
 8-5                 (3)  prepare and recommend to the board plans and
 8-6     procedures necessary to implement the purposes and objectives of
 8-7     this chapter and Chapter 501, including rules and proposals for
 8-8     administrative procedures consistent with this chapter and Chapter
 8-9     501;
8-10                 (4)  hire staff as necessary to accomplish the
8-11     objectives of the board and may delegate powers and duties to
8-12     members of that staff as necessary;
8-13                 (5)  be responsible for the investigation of complaints
8-14     and for the presentation of formal complaints;
8-15                 (6)  attend all meetings of the board as a nonvoting
8-16     participant; and
8-17                 (7)  handle the correspondence of the board and obtain,
8-18     assemble, or prepare the reports and information that the board may
8-19     direct or authorize.
8-20           (d)  If necessary to the administration of this chapter and
8-21     Chapter 501, the director, with the approval of the board, may
8-22     secure and provide for services that are necessary and may employ
8-23     and compensate within available appropriations professional
8-24     consultants, technical assistants, and employees on a full-time or
8-25     part-time basis.
8-26           (e)  The director also serves as the administrator of the
8-27     government employees workers' compensation insurance program.
 9-1           (f)  In administering and enforcing Chapter 501 as regards a
 9-2     compensable injury with a date of injury before September 1, 1995,
 9-3     the director shall act in the capacity of employer and insurer. In
 9-4     administering and enforcing Chapter 501 as regards a compensable
 9-5     injury with a date of injury on or after September 1, 1995, the
 9-6     director shall act in the capacity of insurer.  [(effective for
 9-7     dates of injury before September 1, 1995.)]
 9-8           (g) [(1)]  The director shall act as an adversary before the
 9-9     commission and courts and present the legal defenses and positions
9-10     of the state as an employer and insurer, as appropriate.
9-11           (h) [(2)]  For the purposes of Subsection (f) [this
9-12     subsection] and Chapter 501, the director is entitled to the legal
9-13     counsel of the attorney general.
9-14           (i)  In administering Chapter 501 the [(3)  The] director is
9-15     subject to the rules, orders, and decisions of the commission in
9-16     the same manner as a private employer, insurer, or association.
9-17           (j) [(g)  In administering and enforcing Chapter 501, the
9-18     director shall act in the capacity of insurer.  (effective for
9-19     dates of injury on or after September 1, 1995.)]
9-20                 [(1)  The director shall act as an adversary before the
9-21     commission and courts and present the legal defenses and positions
9-22     of the state as an insurer.]
9-23                 [(2)  For purposes of this subsection and Chapter 501,
9-24     the director is entitled to legal counsel of the attorney general.] 
9-25                 [(3)  The director is subject to the rules, orders, and
9-26     decisions of the commission in the same manner as an insurer or
9-27     association.]
 10-1          [(h)]  The director shall:
 10-2                (1)  prepare for adoption by the board procedural rules
 10-3    and prescribe forms necessary for the effective administration of
 10-4    this chapter and Chapter 501 [(effective for dates of injury before
 10-5    September 1, 1995)]; and
 10-6                (2)  prepare for adoption by the board and enforce
 10-7    reasonable rules for the prevention of accidents and injuries[;]
 10-8                [(3)  prepare for adoption by the board procedural
 10-9    rules and prescribe forms necessary for the effective
10-10    administration of this chapter and Chapter 501].  [(effective for
10-11    dates of injury on or after September 1, 1995.)]
10-12          (k) [(i)]  The director shall hold hearings on all proposed
10-13    rules and provide reasonable opportunity for the officers of state
10-14    agencies to testify at hearings on all proposed rules under this
10-15    chapter and Chapter 501.
10-16          (l) [(j)]  The director shall furnish copies of all rules to:
10-17                (1)  the commission;
10-18                (2)  the commissioner of the Texas Department of
10-19    Insurance; and
10-20                (3)  [to] the administrative heads of all state
10-21    agencies affected by this chapter and Chapter 501.
10-22          SECTION 1.08. Sections 412.042(a) and (b), Labor Code, are
10-23    amended to read as follows:
10-24          (a)  The director shall report to the legislature at the
10-25    beginning of each regular session regarding the services provided
10-26    by the office to a state agency subject to Chapter 501.
10-27          [(b)]  The report required under this subsection [section]
 11-1    shall be dated January 1 of the year in which the regular session
 11-2    is held and must include:
 11-3                (1)  a summary of administrative expenses;
 11-4                (2)  a statement:
 11-5                      (A)  showing the amount of the money appropriated
 11-6    by the preceding legislature that remains unexpended on the date of
 11-7    the report; and
 11-8                      (B)  estimating the amount of that balance
 11-9    necessary to administer Chapter 501 for the remainder of that
11-10    fiscal year; and
11-11                (3) [(C)]  an estimate, based on experience factors, of
11-12    the amount of money that will be required to administer Chapter 501
11-13    and pay for the compensation and services provided under Chapter
11-14    501 during the next succeeding biennium.
11-15          (b)  In addition to the report required under Subsection (a),
11-16    the director shall report to the legislature not later than
11-17    February 1 of each odd-numbered year regarding insurance coverage
11-18    purchased for state agencies, premium dollars spent to obtain that
11-19    coverage, and losses incurred under that coverage.  The report must
11-20    include:
11-21                (1)  a description of the services offered by the
11-22    office to state agencies that are not subject to Chapter 501; and
11-23                (2)  a statement identifying any insurance coverage
11-24    purchased by such a state agency that was not obtained through a
11-25    bid for that purchase offered by the office.
11-26          SECTION 1.09. Section 412.051, Labor Code, is amended to read
11-27    as follows:
 12-1          Sec. 412.051.  DUTIES OF STATE AGENCIES; INSURANCE REPORTING
 12-2    REQUIREMENTS. (a)  Each state agency [subject to this chapter]
 12-3    shall actively manage the risks of that agency by:
 12-4                (1)  developing, implementing, and maintaining programs
 12-5    designed to  assist employees who sustain compensable injuries to
 12-6    return to work; and
 12-7                (2)  cooperating with the office and the Texas
 12-8    Department of Insurance in the purchase of property, casualty, and
 12-9    liability lines of insurance coverage.
12-10          (b)  In addition to the report required under Section
12-11    412.053, each state agency that intends to purchase property,
12-12    casualty, or liability insurance coverage in a manner other than
12-13    through the services provided by the office shall report the
12-14    intended purchase to the office in the manner prescribed by the
12-15    office.  The state agency shall report the intended purchase not
12-16    later than the 30th day before the date on which the purchase of
12-17    the coverage is scheduled to occur.  The office may require a state
12-18    agency to submit copies of insurance forms, policies, and other
12-19    relevant information.
12-20          SECTION 1.10. Section 412.053(b), Labor Code, is amended to
12-21    read as follows:
12-22          (b)  The information shall be reported not later than the
12-23    60th day before the last day [on or before 60 days after the close]
12-24    of each fiscal year.
12-25          SECTION 1.11. Subchapter E, Chapter 21, Insurance Code, is
12-26    amended by adding Article 21.49-15A to read as follows:
12-27          Art. 21.49-15A.  INSURER REPORT TO STATE OFFICE OF RISK
 13-1    MANAGEMENT
 13-2          Sec. 1.  DEFINITIONS. In this article:
 13-3                (1)  "Insurer" means an insurance company,
 13-4    inter-insurance exchange, mutual or reciprocal association, county
 13-5    mutual insurance company, Lloyd's plan, or other entity that is
 13-6    authorized by the Texas Department of Insurance to engage in the
 13-7    business of insurance in this state.
 13-8                (2)  "Office" means the State Office of Risk
 13-9    Management.
13-10                (3)  "State agency" has the meaning assigned by Section
13-11    412.001, Labor Code.
13-12          Sec. 2.  REPORTING REQUIREMENTS. (a)  Each insurer that
13-13    enters into an insurance policy or other contract or agreement with
13-14    a state agency for the purchase of property, casualty, or liability
13-15    insurance coverage by the state agency, including a policy,
13-16    contract, or agreement subject to competitive bidding requirements,
13-17    shall report the intended sale to the office in the manner
13-18    prescribed by that office.
13-19          (b)  The insurer shall report the intended sale not later
13-20    than the 30th day before the date the sale of the insurance
13-21    coverage is scheduled to occur.
13-22          (c)  The office may require an insurer to submit copies of
13-23    insurance forms, policies, and other relevant information.
13-24          (d)  The office shall adopt rules as necessary to implement
13-25    this article.  In adopting those rules, the office shall consult
13-26    with the commissioner.
13-27          (e)  Failure by an insurer to comply with the reporting
 14-1    requirements adopted under this article constitutes grounds for the
 14-2    imposition of sanctions against that insurer under Chapter 82.
 14-3          SECTION 1.12. Section 412.052, Labor Code, is repealed.
 14-4          SECTION 1.13. A person serving as a member of the risk
 14-5    management board on the effective date of this Act is entitled to
 14-6    serve until the expiration of the term for which the member was
 14-7    appointed.  On the expiration of that term, the governor shall
 14-8    appoint a member who meets the qualifications established by
 14-9    Section 412.021, Labor Code, as amended by this Act.
14-10           ARTICLE 2.  EFFECT OF USE OF LEAVE ON INCOME BENEFITS
14-11          SECTION 2.01. Subchapter C, Chapter 505, Labor Code, is
14-12    amended by adding Section 505.060 to read as follows:
14-13          Sec. 505.060.  EFFECT OF SICK LEAVE; ANNUAL LEAVE. (a)  An
14-14    employee may elect to use accrued sick leave before receiving
14-15    income benefits.  If an employee elects to use sick leave, the
14-16    employee is not entitled to income benefits under this chapter
14-17    until the employee has exhausted the employee's accrued sick leave.
14-18          (b)  An employee may elect to use all or any number of weeks
14-19    of accrued annual leave after the employee's accrued sick leave is
14-20    exhausted.  If an employee elects to use annual leave, the employee
14-21    is not entitled to income benefits under this chapter until the
14-22    elected number of weeks of leave have been exhausted.
14-23                     ARTICLE 3.  TRANSITION; EFFECTIVE DATE
14-24          SECTION 3.01. (a)  Except as provided by Subsections (b),
14-25    (c), and (d) of this section, this Act takes effect September 1,
14-26    2001.
14-27          (b)  Not later than  December 1, 2001, the risk management
 15-1    board shall adopt rules to implement:
 15-2                (1)  the changes in law made by the amendments made by
 15-3    this Act to Chapter 412, Labor Code; and
 15-4                (2)  Article 21.49-15A, Insurance Code, as added by
 15-5    this Act.
 15-6          (c)  An insurer is not required to comply with the reporting
 15-7    requirements adopted under Article 21.49-15A, Insurance Code, as
 15-8    added by this Act, until January 1, 2002.  Article 21.49-15A,
 15-9    Insurance Code, as added by this Act, applies only to an insurance
15-10    policy, contract, or agreement delivered, issued for delivery, or
15-11    renewed on or after January 1, 2002.  A policy, contract, or
15-12    agreement delivered, issued for delivery, or renewed before January
15-13    1, 2002, is governed by the law as it existed immediately before
15-14    the effective date of this Act, and that law is continued in effect
15-15    for that purpose.
15-16          (d)  Section 505.060, Labor Code, as added by this Act,
15-17    applies only to a claim for workers' compensation benefits based on
15-18    a compensable injury that occurs on or after the effective date of
15-19    this Act.  A claim based on a compensable injury that occurs before
15-20    that date is governed by the law in effect on the date the
15-21    compensable injury occurred, and the former law is continued in
15-22    effect for that purpose.