1-1     By:  Brimer (Senate Sponsor - Fraser)                 H.B. No. 1203
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the purchase of certain insurance coverage by state
 1-9     agencies and to workers' compensation insurance benefits provided
1-10     by certain state agencies.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12                 ARTICLE 1.  PURCHASE OF INSURANCE COVERAGE
1-13           SECTION 1.01. Section 412.001(4), Labor Code, is amended to
1-14     read as follows:
1-15                 (4)  "State agency" means:
1-16                       (A)  a board, commission, department, office, or
1-17     other agency in the executive, judicial, or legislative branch of
1-18     state government that has five or more employees, was created by
1-19     the constitution or a statute of this state, and has authority not
1-20     limited to a specific geographical portion of the state; and
1-21                       (B)  an institution of higher education as
1-22     defined by Section 61.003, Education Code.
1-23           SECTION 1.02. Subchapter B, Chapter 412, Labor Code, is
1-24     amended by amending Section 412.011 and adding Section 412.0111 to
1-25     read as follows:
1-26           Sec. 412.011.  POWERS AND DUTIES OF OFFICE.  (a)  The State
1-27     Office of Risk Management shall [is created to] administer
1-28     insurance services obtained by state agencies, including the
1-29     government employees workers' compensation insurance program and
1-30     the state risk management programs.
1-31           (b)  The office shall:
1-32                 (1)  operate as a full-service risk manager and
1-33     insurance manager for state agencies as provided by Subsections (c)
1-34     and  (d);
1-35                 (2)  maintain and review records of property, casualty,
1-36     or liability insurance coverages purchased by or for a state
1-37     agency;
1-38                 (3)  administer guidelines adopted by the board for a
1-39     comprehensive risk management program applicable to all state
1-40     agencies to reduce property and liability losses, including
1-41     workers' compensation losses;
1-42                 (4) [(2)]  review, verify, monitor, and approve risk
1-43     management programs adopted by state agencies;
1-44                 (5) [(3)]  assist a state agency that has not
1-45     implemented an effective risk management program to implement a
1-46     comprehensive program that meets the guidelines established by the
1-47     board; and
1-48                 (6) [(4)]  administer the workers' compensation
1-49     insurance program for state employees established under Chapter
1-50     501.
1-51           (c)  The office shall:
1-52                 (1)  perform risk management for each state agency
1-53     subject to Chapter 412; and
1-54                 (2)  purchase insurance coverage for a state agency
1-55     subject to Chapter 501 under any line of insurance other than
1-56     health or life insurance, including liability insurance authorized
1-57     under Chapter 612, Government Code.
1-58           (d)  The office may perform risk management for a state
1-59     agency that is not subject to Chapter 501.  In administering
1-60     insurance services for such a  state agency, the office and the
1-61     state agency are subject to Section 412.0112.
1-62           (e)  The board by rule shall develop an implementation
1-63     schedule for the purchase under this section of insurance for state
1-64     agencies by the office.  The board shall phase in, by line of
 2-1     insurance, the requirement that a state agency purchase coverage
 2-2     only through the office.
 2-3           (f)  A state agency subject to Chapter 501 may not purchase
 2-4     property, casualty, or liability insurance coverage without the
 2-5     approval of the board.
 2-6           Sec. 412.0111.  AFFILIATION WITH OFFICE OF ATTORNEY GENERAL.
 2-7     The office is administratively attached to the office of the
 2-8     attorney general and the office of the attorney general shall
 2-9     provide the facilities for the office, but the office shall be
2-10     independent of the office of the attorney general's direction.
2-11           SECTION 1.03.  Subchapter B, Chapter 412, Labor Code, is
2-12     amended by adding Section 412.0112 to read as follows:
2-13           Sec. 412.0112.  PURCHASE OF INSURANCE COVERAGE BY STATE
2-14     AGENCIES NOT SUBJECT TO CHAPTER 501.  (a)  This section applies to:
2-15                 (1)  an institution or agency subject to Chapter 502;
2-16                 (2)  an institution or agency subject to Chapter 503;
2-17     and
2-18                 (3)  a state agency subject to Chapter 505.
2-19           (b)  An entity to which this section applies must give the
2-20     office 30 days' notice in writing of the entity's intent to
2-21     purchase insurance coverage in a line of insurance described by
2-22     Section 412.011(c).
2-23           (c)  The office shall submit bids to the entity for the
2-24     purchase of the insurance coverage through the office.  The entity
2-25     is not required to purchase the coverage through the office, but
2-26     must report the purchase to the office as provided by Section
2-27     412.051.
2-28           SECTION 1.04. Subchapter B, Chapter 412, Labor Code, is
2-29     amended by amending Section 412.012 and adding Sections 412.0121,
2-30     412.0122, and 412.0123 to read as follows:
2-31           Sec. 412.012.  FUNDING. [(a)]  The office shall be
2-32     administered through money appropriated by the legislature and
2-33     through:
2-34                 (1)  interagency contracts for purchase of insurance
2-35     coverage and the operation of the risk management program; and
2-36                 (2)  the allocation program for the financing of state
2-37     workers' compensation benefits.
2-38           Sec. 412.0121.  INTERAGENCY CONTRACTS. (a)  [(b)  Interagency
2-39     Contracts.  (1)]  Each state agency shall enter into an interagency
2-40     contract with the office under Chapter 771, Government Code, to pay
2-41     the costs incurred by the office in administering this chapter for
2-42     the benefit of that state agency.
2-43           (b)  Costs payable under the contract include the cost of:
2-44                 (1) [(A)]  services of office employees;
2-45                 (2) [(B)]  materials; and
2-46                 (3) [(C)]  equipment, including computer hardware and
2-47     software.
2-48           (c) [(2)]  The amount of the costs to be paid by a state
2-49     agency under the interagency contract is based on:
2-50                 (1) [(A)]  the number of employees of the agency
2-51     compared with the total number of employees of all state agencies
2-52     to which this chapter applies;
2-53                 (2) [(B)]  the dollar value of the agency's property
2-54     and asset and liability exposure compared to that of all state
2-55     agencies to which this chapter applies; and
2-56                 (3) [(C)]  the number and aggregate cost of claims and
2-57     losses incurred by the state agency compared to those incurred by
2-58     all state agencies to which this chapter applies.
2-59           (d)  The board may by rule establish the formula for
2-60     allocating the cost of this chapter in an interagency contract in a
2-61     manner that gives consideration to the factors in Subsection (c)
2-62     and any other factors it deems relevant, including an agency's risk
2-63     management expenditures, unique risks, and established programs.
2-64           Sec. 412.0122.  STATE SELF-INSURING FOR WORKERS'
2-65     COMPENSATION.  (a) [(c)]  The state is self-insuring with respect
2-66     to an employee's compensable injury.
2-67           (b)  The legislature shall appropriate the amount designated
2-68     by the appropriation structure for the payment of state workers'
2-69     compensation claims costs to the office.  This section does not
 3-1     affect the reimbursement of claims costs by funds other than
 3-2     general revenue funds, as provided by the General Appropriations
 3-3     Act.
 3-4           Sec. 412.0123.  DEPOSIT OF WORKERS' COMPENSATION SUBROGATION
 3-5     RECOVERIES. (a) [(d)  State Workers' Compensation Account.  (1)]
 3-6     All money recovered by the director from a third party through
 3-7     subrogation shall be deposited into the state workers' compensation
 3-8     account in general revenue.
 3-9           (b) [(2)]  Funds deposited under this section may be used for
3-10     the payment of workers' compensation [and other] benefits to state
3-11     employees.
3-12           SECTION 1.05. Section 412.021(a), Labor Code, is amended to
3-13     read as follows:
3-14           (a)  The office is governed by the risk management board.
3-15     Members of the board must have demonstrated experience in the
3-16     fields [field] of:
3-17                 (1)  insurance and insurance regulation;
3-18                 (2)  workers' compensation; and
3-19                 (3)  risk management administration.
3-20           SECTION 1.06. Section 412.022(b), Labor Code, is amended to
3-21     read as follows:
3-22           (b)  A training program established under this section must
3-23     provide information to the member regarding:
3-24                 (1)  the enabling legislation that created the board;
3-25                 (2)  the program operated by the board;
3-26                 (3)  the role and functions of the board;
3-27                 (4)  the rules of the board, with an emphasis on the
3-28     rules that relate to disciplinary and investigatory authority;
3-29                 (5)  the current budget for the board;
3-30                 (6)  the results of the most recent formal audit of the
3-31     board;
3-32                 (7)  the requirements of:
3-33                       (A)  the open meetings law, Chapter 551,
3-34     Government Code;
3-35                       (B)  the public information [open records] law,
3-36     Chapter 552, Government Code; and
3-37                       (C)  the administrative procedure law, Chapter
3-38     2001, Government Code;
3-39                 (8)  the requirements of the conflict of interest laws
3-40     and other laws relating to public officials; and
3-41                 (9)  any applicable ethics policies adopted by the
3-42     board or the Texas Ethics Commission.
3-43           SECTION 1.07. Section 412.041, Labor Code, is amended to read
3-44     as follows:
3-45           Sec. 412.041.  DIRECTOR DUTIES[; RESPONSIBILITIES]. (a)  The
3-46     director serves as the state risk manager.
3-47           (b)  The director shall supervise the development and
3-48     administration of systems to:
3-49                 (1)  identify the property and liability losses,
3-50     including workers' compensation losses, of each state agency;
3-51                 (2)  identify the administrative costs of risk
3-52     management incurred by each state agency;
3-53                 (3)  identify and evaluate the exposure of each state
3-54     agency to claims for property and liability losses, including
3-55     workers' compensation; and
3-56                 (4)  reduce the property and liability losses,
3-57     including workers' compensation, incurred by each state agency.
3-58           (c)  In addition to other duties provided by this chapter, by
3-59     Chapter 501, and by the board, the director shall:
3-60                 (1)  keep full and accurate minutes of the transactions
3-61     and proceedings of the board;
3-62                 (2)  be the custodian of the files and records of the
3-63     board;
3-64                 (3)  prepare and recommend to the board plans and
3-65     procedures necessary to implement the purposes and objectives of
3-66     this chapter and Chapter 501, including rules and proposals for
3-67     administrative procedures consistent with this chapter and Chapter
3-68     501;
3-69                 (4)  hire staff as necessary to accomplish the
 4-1     objectives of the board and may delegate powers and duties to
 4-2     members of that staff as necessary;
 4-3                 (5)  be responsible for the investigation of complaints
 4-4     and for the presentation of formal complaints;
 4-5                 (6)  attend all meetings of the board as a nonvoting
 4-6     participant; and
 4-7                 (7)  handle the correspondence of the board and obtain,
 4-8     assemble, or prepare the reports and information that the board may
 4-9     direct or authorize.
4-10           (d)  If necessary to the administration of this chapter and
4-11     Chapter 501, the director, with the approval of the board, may
4-12     secure and provide for services that are necessary and may employ
4-13     and compensate within available appropriations professional
4-14     consultants, technical assistants, and employees on a full-time or
4-15     part-time basis.
4-16           (e)  The director also serves as the administrator of the
4-17     government employees workers' compensation insurance program.
4-18           (f)  In administering and enforcing Chapter 501 as regards a
4-19     compensable injury with a date of injury before September 1, 1995,
4-20     the director shall act in the capacity of employer and insurer. In
4-21     administering and enforcing Chapter 501 as regards a compensable
4-22     injury with a date of injury on or after September 1, 1995, the
4-23     director shall act in the capacity of insurer.  [(effective for
4-24     dates of injury before September 1, 1995.)]
4-25           (g) [(1)]  The director shall act as an adversary before the
4-26     commission and courts and present the legal defenses and positions
4-27     of the state as an employer and insurer, as appropriate.
4-28           (h) [(2)]  For the purposes of Subsection (f) [this
4-29     subsection] and Chapter 501, the director is entitled to the legal
4-30     counsel of the attorney general.
4-31           (i)  In administering Chapter 501 the [(3)  The] director is
4-32     subject to the rules, orders, and decisions of the commission in
4-33     the same manner as a private employer, insurer, or association.
4-34           (j) [(g)  In administering and enforcing Chapter 501, the
4-35     director shall act in the capacity of insurer.  (effective for
4-36     dates of injury on or after September 1, 1995.)]
4-37                 [(1)  The director shall act as an adversary before the
4-38     commission and courts and present the legal defenses and positions
4-39     of the state as an insurer.]
4-40                 [(2)  For purposes of this subsection and Chapter 501,
4-41     the director is entitled to legal counsel of the attorney general.] 
4-42                 [(3)  The director is subject to the rules, orders, and
4-43     decisions of the commission in the same manner as an insurer or
4-44     association.]
4-45           [(h)]  The director shall:
4-46                 (1)  prepare for adoption by the board procedural rules
4-47     and prescribe forms necessary for the effective administration of
4-48     this chapter and Chapter 501 [(effective for dates of injury before
4-49     September 1, 1995)]; and
4-50                 (2)  prepare for adoption by the board and enforce
4-51     reasonable rules for the prevention of accidents and injuries[;]
4-52                 [(3)  prepare for adoption by the board procedural
4-53     rules and prescribe forms necessary for the effective
4-54     administration of this chapter and Chapter 501].  [(effective for
4-55     dates of injury on or after September 1, 1995.)]
4-56           (k) [(i)]  The director shall hold hearings on all proposed
4-57     rules and provide reasonable opportunity for the officers of state
4-58     agencies to testify at hearings on all proposed rules under this
4-59     chapter and Chapter 501.
4-60           (l) [(j)]  The director shall furnish copies of all rules to:
4-61                 (1)  the commission;
4-62                 (2)  the commissioner of the Texas Department of
4-63     Insurance; and
4-64                 (3)  [to] the administrative heads of all state
4-65     agencies affected by this chapter and Chapter 501.
4-66           SECTION 1.08. Sections 412.042(a) and (b), Labor Code, are
4-67     amended to read as follows:
4-68           (a)  The director shall report to the legislature at the
4-69     beginning of each regular session regarding the services provided
 5-1     by the office to a state agency subject to Chapter 501.
 5-2           [(b)]  The report required under this subsection [section]
 5-3     shall be dated January 1 of the year in which the regular session
 5-4     is held and must include:
 5-5                 (1)  a summary of administrative expenses;
 5-6                 (2)  a statement:
 5-7                       (A)  showing the amount of the money appropriated
 5-8     by the preceding legislature that remains unexpended on the date of
 5-9     the report; and
5-10                       (B)  estimating the amount of that balance
5-11     necessary to administer Chapter 501 for the remainder of that
5-12     fiscal year; and
5-13                 (3) [(C)]  an estimate, based on experience factors, of
5-14     the amount of money that will be required to administer Chapter 501
5-15     and pay for the compensation and services provided under Chapter
5-16     501 during the next succeeding biennium.
5-17           (b)  In addition to the report required under Subsection (a),
5-18     the director shall report to the legislature not later than
5-19     February 1 of each odd-numbered year regarding insurance coverage
5-20     purchased for state agencies, premium dollars spent to obtain that
5-21     coverage, and losses incurred under that coverage.  The report must
5-22     include:
5-23                 (1)  a description of the services offered by the
5-24     office to state agencies that are not subject to Chapter 501; and
5-25                 (2)  a statement identifying any insurance coverage
5-26     purchased by such a state agency that was not obtained through a
5-27     bid for that purchase offered by the office.
5-28           SECTION 1.09. Section 412.051, Labor Code, is amended to read
5-29     as follows:
5-30           Sec. 412.051.  DUTIES OF STATE AGENCIES; INSURANCE REPORTING
5-31     REQUIREMENTS. (a)  Each state agency [subject to this chapter]
5-32     shall actively manage the risks of that agency by:
5-33                 (1)  developing, implementing, and maintaining programs
5-34     designed to  assist employees who sustain compensable injuries to
5-35     return to work; and
5-36                 (2)  cooperating with the office and the Texas
5-37     Department of Insurance in the purchase of property, casualty, and
5-38     liability lines of insurance coverage.
5-39           (b)  In addition to the report required under Section
5-40     412.053, each state agency that intends to purchase property,
5-41     casualty, or liability insurance coverage in a manner other than
5-42     through the services provided by the office shall report the
5-43     intended purchase to the office in the manner prescribed by the
5-44     office.  The state agency shall report the intended purchase not
5-45     later than the 30th day before the date on which the purchase of
5-46     the coverage is scheduled to occur.  The office may require a state
5-47     agency to submit copies of insurance forms, policies, and other
5-48     relevant information.
5-49           SECTION 1.10. Section 412.053(b), Labor Code, is amended to
5-50     read as follows:
5-51           (b)  The information shall be reported not later than the
5-52     60th day before the last day [on or before 60 days after the close]
5-53     of each fiscal year.
5-54           SECTION 1.11. Subchapter E, Chapter 21, Insurance Code, is
5-55     amended by adding Article 21.49-15A to read as follows:
5-56           Art. 21.49-15A.  INSURER REPORT TO STATE OFFICE OF RISK
5-57     MANAGEMENT
5-58           Sec. 1.  DEFINITIONS. In this article:
5-59                 (1)  "Insurer" means an insurance company,
5-60     inter-insurance exchange, mutual or reciprocal association, county
5-61     mutual insurance company, Lloyd's plan, or other entity that is
5-62     authorized by the Texas Department of Insurance to engage in the
5-63     business of insurance in this state.
5-64                 (2)  "Office" means the State Office of Risk
5-65     Management.
5-66                 (3)  "State agency" has the meaning assigned by Section
5-67     412.001, Labor Code.
5-68           Sec. 2.  REPORTING REQUIREMENTS. (a)  Each insurer that
5-69     enters into an insurance policy or other contract or agreement with
 6-1     a state agency for the purchase of property, casualty, or liability
 6-2     insurance coverage by the state agency, including a policy,
 6-3     contract, or agreement subject to competitive bidding requirements,
 6-4     shall report the intended sale to the office in the manner
 6-5     prescribed by that office.
 6-6           (b)  The insurer shall report the intended sale not later
 6-7     than the 30th day before the date the sale of the insurance
 6-8     coverage is scheduled to occur.
 6-9           (c)  The office may require an insurer to submit copies of
6-10     insurance forms, policies, and other relevant information.
6-11           (d)  The office shall adopt rules as necessary to implement
6-12     this article.  In adopting those rules, the office shall consult
6-13     with the commissioner.
6-14           (e)  Failure by an insurer to comply with the reporting
6-15     requirements adopted under this article constitutes grounds for the
6-16     imposition of sanctions against that insurer under Chapter 82.
6-17           SECTION 1.12. Section 412.052, Labor Code, is repealed.
6-18           SECTION 1.13. A person serving as a member of the risk
6-19     management board on the effective date of this Act is entitled to
6-20     serve until the expiration of the term for which the member was
6-21     appointed.  On the expiration of that term, the governor shall
6-22     appoint a member who meets the qualifications established by
6-23     Section 412.021, Labor Code, as amended by this Act.
6-24            ARTICLE 2.  EFFECT OF USE OF LEAVE ON INCOME BENEFITS
6-25           SECTION 2.01. Subchapter C, Chapter 505, Labor Code, is
6-26     amended by adding Section 505.060 to read as follows:
6-27           Sec. 505.060.  EFFECT OF SICK LEAVE; ANNUAL LEAVE. (a)  An
6-28     employee may elect to use accrued sick leave before receiving
6-29     income benefits.  If an employee elects to use sick leave, the
6-30     employee is not entitled to income benefits under this chapter
6-31     until the employee has exhausted the employee's accrued sick leave.
6-32           (b)  An employee may elect to use all or any number of weeks
6-33     of accrued annual leave after the employee's accrued sick leave is
6-34     exhausted.  If an employee elects to use annual leave, the employee
6-35     is not entitled to income benefits under this chapter until the
6-36     elected number of weeks of leave have been exhausted.
6-37                      ARTICLE 3.  TRANSITION; EFFECTIVE DATE
6-38           SECTION 3.01. (a)  Except as provided by Subsections (b),
6-39     (c), and (d) of this section, this Act takes effect September 1,
6-40     2001.
6-41           (b)  Not later than  December 1, 2001, the risk management
6-42     board shall adopt rules to implement:
6-43                 (1)  the changes in law made by the amendments made by
6-44     this Act to Chapter 412, Labor Code; and
6-45                 (2)  Article 21.49-15A, Insurance Code, as added by
6-46     this Act.
6-47           (c)  An insurer is not required to comply with the reporting
6-48     requirements adopted under Article 21.49-15A, Insurance Code, as
6-49     added by this Act, until January 1, 2002.  Article 21.49-15A,
6-50     Insurance Code, as added by this Act, applies only to an insurance
6-51     policy, contract, or agreement delivered, issued for delivery, or
6-52     renewed on or after January 1, 2002.  A policy, contract, or
6-53     agreement delivered, issued for delivery, or renewed before January
6-54     1, 2002, is governed by the law as it existed immediately before
6-55     the effective date of this Act, and that law is continued in effect
6-56     for that purpose.
6-57           (d)  Section 505.060, Labor Code, as added by this Act,
6-58     applies only to a claim for workers' compensation benefits based on
6-59     a compensable injury that occurs on or after the effective date of
6-60     this Act.  A claim based on a compensable injury that occurs before
6-61     that date is governed by the law in effect on the date the
6-62     compensable injury occurred, and the former law is continued in
6-63     effect for that purpose.
6-64                                  * * * * *