1-1     By:  Duncan                                            S.B. No. 851
 1-2           (In the Senate - Filed February 22, 2001; February 25, 2001,
 1-3     read first time and referred to Committee on Business and Commerce;
 1-4     April 24, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 2; April 24, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 851                   By:  Fraser
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to changing the name of the Texas Workers' Compensation
1-11     Commission to the Texas Department of Workers' Compensation and to
1-12     the powers and duties of the governing authority of that
1-13     department.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15                   ARTICLE 1.  ORGANIZATION OF DEPARTMENT
1-16           SECTION 1.001.  Subchapter A, Chapter 402, Labor Code, is
1-17     amended to read as follows:
1-18                         SUBCHAPTER A.  ORGANIZATION
1-19           Sec. 402.001.  DUTIES OF DEPARTMENT.  In addition to the
1-20     other duties required of the Texas Department of Workers'
1-21     Compensation, the department shall:
1-22                 (1)  regulate the business of workers' compensation in
1-23     this state; and
1-24                 (2)  ensure that this subtitle and other laws granting
1-25     jurisdiction to or applicable to the department or the commissioner
1-26     are executed.
1-27           Sec. 402.002.  COMPOSITION OF DEPARTMENT.  The department is
1-28     composed of the commissioner and other officers and employees
1-29     required to efficiently implement:
1-30                 (1)  this subtitle; and
1-31                 (2)  other laws granting jurisdiction to or applicable
1-32     to the department or the commissioner.
1-33           Sec. 402.003.  CHIEF EXECUTIVE.  (a)  The commissioner is the
1-34     department's chief executive and administrative officer.  The
1-35     commissioner shall administer and enforce this subtitle and other
1-36     laws granting jurisdiction to or applicable to the department or
1-37     the commissioner.
1-38           (b)  The commissioner has the powers and duties vested in the
1-39     department by this subtitle and other laws granting jurisdiction to
1-40     or applicable to the department or the commissioner.
1-41           (c)  The commissioner may:
1-42                 (1)  investigate misconduct;
1-43                 (2)  hold hearings;
1-44                 (3)  issue subpoenas to compel the attendance of
1-45     witnesses and the production of documents;
1-46                 (4)  administer oaths;
1-47                 (5)  take testimony directly or by deposition or
1-48     interrogatory;
1-49                 (6)  assess and enforce penalties established under
1-50     this subtitle;
1-51                 (7)  enter appropriate orders as authorized by this
1-52     subtitle;
1-53                 (8)  correct clerical errors in the entry of orders;
1-54                 (9)  institute an action in the department's name to
1-55     enjoin the violation of this subtitle;
1-56                 (10)  initiate an action under Section 410.254 to
1-57     intervene in a judicial proceeding;
1-58                 (11)  prescribe the form, manner, and procedure for
1-59     transmission of information to the department; and
1-60                 (12)  delegate all powers and duties as necessary.
1-61           (d)  The commissioner is the agent for service of process on
1-62     out-of-state employers.
1-63           Sec. 402.004.  APPOINTMENT; TERM.  (a)  The governor, with
1-64     the advice and consent of the senate, shall appoint the
 2-1     commissioner.  The commissioner serves a two-year term that expires
 2-2     on February 1 of each odd-numbered year.
 2-3           (b)  The governor shall appoint the commissioner without
 2-4     regard to the race, color, disability, sex, religion, age, or
 2-5     national origin of the appointee.
 2-6           Sec. 402.005.  QUALIFICATIONS.  (a)  The commissioner must:
 2-7                 (1)  be a competent and experienced administrator;
 2-8                 (2)  be well informed and qualified in the field of
 2-9     workers' compensation; and
2-10                 (3)  have at least 10 years of experience as an
2-11     executive in the administration of business or government or as a
2-12     practicing attorney or certified public accountant, with at least
2-13     five years of that experience in the field of insurance, with
2-14     preference for experience in the field of workers' compensation
2-15     insurance.
2-16           (b)  A person who is a former member or former executive
2-17     director of the Texas Workers' Compensation Commission is not
2-18     eligible for appointment as commissioner under Section 402.004.
2-19           Sec. 402.006.  INELIGIBILITY FOR PUBLIC OFFICE.  The
2-20     commissioner is ineligible to be a candidate for a public elective
2-21     office in this state unless the commissioner has resigned and the
2-22     governor has accepted the resignation.
2-23           Sec. 402.007.  BOND.  Before taking office, the commissioner
2-24     must execute with a surety company licensed to do business in this
2-25     state a bond for $50,000 payable to this state and conditioned on
2-26     the faithful discharge of the commissioner's duties.
2-27           Sec. 402.008.  COMPENSATION.  The commissioner is entitled to
2-28     compensation as provided by the General Appropriations Act.
2-29     [MEMBERSHIP REQUIREMENTS.  (a)  The Texas Workers' Compensation
2-30     Commission is composed of six members appointed by the governor
2-31     with the advice and consent of the senate.]
2-32           [(b)  Appointments to the commission shall be made without
2-33     regard to the race, color, disability, sex, religion, age, or
2-34     national origin of the appointee.  Section 401.011(16) does not
2-35     apply to the use of the term "disability" in this subsection.]
2-36           [(c)  Three members of the commission must be employers of
2-37     labor and three members of the commission must be wage earners.  A
2-38     person is not eligible for appointment as a member of the
2-39     commission if the person provides services subject to regulation by
2-40     the commission or charges fees that are subject to regulation by
2-41     the commission.]
2-42           [(d)  In making appointments to the commission, the governor
2-43     shall attempt to reflect the social, geographic, and economic
2-44     diversity of the state.  To ensure balanced representation, the
2-45     governor may consider:]
2-46                 [(1)  the geographic location of a prospective
2-47     appointee's domicile;]
2-48                 [(2)  the prospective appointee's experience as an
2-49     employer or wage earner;]
2-50                 [(3)  the number of employees employed by a prospective
2-51     member who would represent employers; and]
2-52                 [(4)  the type of work performed by a prospective
2-53     member who would represent wage earners.]
2-54           [(e)  The governor shall consider the factors listed in
2-55     Subsection (d) in appointing a member to fill a vacancy on the
2-56     commission.]
2-57           [(f)  In making an appointment to the commission, the
2-58     governor shall consider recommendations made by groups that
2-59     represent employers or wage earners.]
2-60           [Sec. 402.0015.  TRAINING PROGRAM FOR COMMISSION MEMBERS.
2-61     (a)  Before a member of the commission may assume the member's
2-62     duties, the member must complete the training program established
2-63     under this section.]
2-64           [(b)  A training program established under this section must
2-65     provide information to the member regarding:]
2-66                 [(1)  the enabling legislation that created the
2-67     commission;]
2-68                 [(2)  the programs operated by the commission;]
2-69                 [(3)  the role and functions of the commission;]
 3-1                 [(4)  the rules of the commission, with an emphasis on
 3-2     the rules that relate to disciplinary and investigatory authority;]
 3-3                 [(5)  the current budget for the commission;]
 3-4                 [(6)  the results of the most recent formal audit of
 3-5     the commission;]
 3-6                 [(7)  the requirements of:]
 3-7                       [(A)  the open meetings law, Chapter 551,
 3-8     Government Code;]
 3-9                       [(B)  the open records law, Chapter 552,
3-10     Government Code; and]
3-11                       [(C)  the administrative procedure law, Chapter
3-12     2001, Government Code;]
3-13                 [(8)  the requirements of the conflict of interest laws
3-14     and other laws relating to public officials; and]
3-15                 [(9)  any applicable ethics policies adopted by the
3-16     commission or the Texas Ethics Commission.]
3-17           [Sec. 402.002.  TERMS; VACANCY.  (a)  Members of the
3-18     commission hold office for staggered six-year terms, with the terms
3-19     of one member representing employers and one member representing
3-20     wage earners expiring on February 1 of each odd-numbered year.]
3-21           [(b)  If a vacancy occurs during a term, the governor shall
3-22     fill the vacancy for the unexpired term.  The replacement must be
3-23     from the group represented by the member being replaced.]
3-24           Sec. 402.009 [402.003].  EFFECT OF LOBBYING ACTIVITY.  A
3-25     person may not serve as commissioner [a member of the commission]
3-26     or act as the general counsel to the department [commission] if the
3-27     person is required to register as a lobbyist under Chapter 305,
3-28     Government Code, because of the person's activities for
3-29     compensation on behalf of a profession that is regulated by or that
3-30     has fees regulated by the department [commission].
3-31           [Sec. 402.004.  VOTING REQUIREMENTS.  (a)  The commission may
3-32     take action only by a majority vote of its membership.]
3-33           [(b)  Decisions regarding the employment of an executive
3-34     director require the affirmative vote of at least two commissioners
3-35     representing employers and two commissioners representing wage
3-36     earners.]
3-37           Sec. 402.010.  GROUNDS FOR REMOVAL.  [402.005.  REMOVAL OF
3-38     COMMISSION MEMBERS.]  (a)  It is a ground for removal from office
3-39     if the commissioner [the commission if a member]:
3-40                 (1)  does not have at the time of appointment the
3-41     qualifications required by Section 402.005 [for appointment to the
3-42     commission];
3-43                 (2)  does not maintain during service as commissioner
3-44     [on the commission] the qualifications required by Section 402.005
3-45     [for appointment to the commission];
3-46                 (3)  violates a prohibition established by Section
3-47     402.009 or 402.013 [402.003 or 402.012]; or
3-48                 (4)  cannot because of illness or incapacity discharge
3-49     the commissioner's [member's] duties for a substantial part of the
3-50     commissioner's term [for which the member is appointed; or]
3-51                 [(5)  is absent from more than half of the regularly
3-52     scheduled commission meetings that the member is eligible to attend
3-53     during a calendar year].
3-54           (b)  The validity of an action of the commissioner or the
3-55     department [commission] is not affected by the fact that it is
3-56     taken when a ground for removal of the commissioner [a commission
3-57     member] exists.
3-58           [(c)  If the executive director of the commission knows that
3-59     a potential ground for removal exists, the executive director shall
3-60     notify the chairman of the commission of the potential ground.  The
3-61     chairman shall then notify the governor and the attorney general
3-62     that a potential ground for removal exists.  If the potential
3-63     ground for removal involves the chairman, the executive director
3-64     shall notify the next highest officer of the commission, who shall
3-65     notify the governor and the attorney general that a potential
3-66     ground for removal exists.]
3-67           Sec. 402.011 [402.006].  PROHIBITED GIFTS; ADMINISTRATIVE
3-68     VIOLATION.  (a)  The commissioner [A member] or an employee of the
3-69     department [commission] may not accept a gift, gratuity, or
 4-1     entertainment from a person having an interest in a matter or
 4-2     proceeding pending before the department [commission].
 4-3           (b)  A violation of Subsection (a) is a Class A
 4-4     administrative violation and constitutes a ground for removal from
 4-5     office or termination of employment.
 4-6           [Sec. 402.007.  MEETINGS.  The commission shall meet at least
 4-7     once in each calendar quarter and may meet at other times at the
 4-8     call of the chairman or as provided by the rules of the commission.]
 4-9           [Sec. 402.008.  CHAIRMAN.  (a)  The governor shall designate
4-10     a member of the commission as the chairman of the commission to
4-11     serve in that capacity for a two-year term expiring February 1 of
4-12     each odd-numbered year.  The governor shall alternate the
4-13     chairmanship between the members who are employers and the members
4-14     who are wage earners.]
4-15           [(b)  The chairman may vote on all matters before the
4-16     commission.]
4-17           [Sec. 402.009.  LEAVE OF ABSENCE.  (a)  An employer may not
4-18     terminate the employment of an employee who is appointed as a
4-19     member of the commission because of the exercise by the employee of
4-20     duties required as a commission member.]
4-21           [(b)  A member of the commission is entitled to a leave of
4-22     absence from employment for the time required to perform commission
4-23     duties.  During the leave of absence, the member may not be
4-24     subjected to loss of time, vacation time, or other benefits of
4-25     employment, other than salary.]
4-26           Sec. 402.012 [402.010].  CIVIL LIABILITY OF COMMISSIONER
4-27     [MEMBER].  The commissioner [A member of the commission] is not
4-28     liable in a civil action for an act performed in good faith in the
4-29     execution of duties as commissioner [a commission member].
4-30           [Sec. 402.011.  REIMBURSEMENT.  (a)  A member of the
4-31     commission is entitled to reimbursement for actual and necessary
4-32     expenses incurred in performing functions as a member of the
4-33     commission.  Reimbursement under this subsection may not exceed a
4-34     limit established in the General Appropriations Act.]
4-35           [(b)  A member is entitled to reimbursement for actual lost
4-36     wages or use of leave benefits, if any, for:]
4-37                 [(1)  attendance at commission meetings and hearings;]
4-38                 [(2)  preparation for a commission meeting, not to
4-39     exceed two days in each calendar quarter;]
4-40                 [(3)  attendance at a subcommittee meeting, not to
4-41     exceed one day each month;]
4-42                 [(4)  attendance by the chair or vice chair of the
4-43     commission at a legislative committee meeting if attendance is
4-44     requested by the committee chair; and]
4-45                 [(5)  attendance at a meeting by a member appointed to
4-46     the Research and Oversight Council on Workers' Compensation or the
4-47     Texas Certified Self-Insured Guaranty Association.]
4-48           [(c)  Reimbursement under Subsection (b) may not exceed $100
4-49     a day and $5,000 a year.]
4-50           [(d)  A member of the commission is entitled to reimbursement
4-51     for actual and necessary expenses for attendance at not more than
4-52     five seminars in a calendar year if:]
4-53                 [(1)  the member is invited as a representative of the
4-54     commission to participate in a program offered at the seminar; and]
4-55                 [(2)  the member's participation is approved by the
4-56     chair of the commission.]
4-57           Sec. 402.013 [402.012].  CONFLICT OF INTEREST.  (a)  An
4-58     officer, employee, or paid consultant of a Texas trade association
4-59     whose members provide services subject to regulation by the
4-60     department [commission] or provide services whose fees are subject
4-61     to regulation by the department [commission] may not be the
4-62     commissioner [a member of the commission] or an employee of the
4-63     department [commission] who is exempt from the state's position
4-64     classification plan or is compensated at or above the amount
4-65     prescribed by the General Appropriations Act for step 1, salary
4-66     group A17 [17], of the position classification salary schedule.
4-67           (b)  On acceptance of appointment as commissioner [to the
4-68     commission], a commissioner [an appointee] who is an officer,
4-69     employee, or paid consultant of a Texas trade association described
 5-1     by Subsection (a) must resign the position or terminate the
 5-2     contract with the trade association.
 5-3           (c)  For the purposes of this section, "Texas trade
 5-4     association" means a nonprofit, cooperative, and voluntarily joined
 5-5     association of business or professional competitors in this state
 5-6     designed to assist its members and its industry or profession in
 5-7     dealing with mutual business or professional problems and in
 5-8     promoting their common interest.  The term does not include a labor
 5-9     union or an employees' association.
5-10           SECTION 1.002.  Subchapter C, Chapter 402, Labor Code, is
5-11     amended to read as follows:
5-12        SUBCHAPTER C.  DEPARTMENT [EXECUTIVE DIRECTOR AND] PERSONNEL
5-13           Sec. 402.041.  APPOINTMENTS.  (a)  Subject to the General
5-14     Appropriations Act or other law, the commissioner shall appoint
5-15     deputies, assistants, and other personnel as necessary to carry out
5-16     the powers and duties of the commissioner and the department under
5-17     this subtitle and other laws granting jurisdiction to or applicable
5-18     to the department or the commissioner.
5-19           (b)  A person appointed under this section must have the
5-20     professional, administrative, and workers' compensation experience
5-21     necessary to qualify the person for the position to which the
5-22     person is appointed.
5-23           (c)  A person appointed as an associate or deputy
5-24     commissioner or to hold an equivalent position must have at least
5-25     five years of the experience required for appointment as
5-26     commissioner under Section 402.005.  At least two years of that
5-27     experience must be in work related to the position to be held.
5-28           Sec. 402.042.  DIVISION OF RESPONSIBILITIES.  The
5-29     commissioner shall develop and implement policies that clearly
5-30     define the respective responsibilities of the commissioner and the
5-31     staff of the department.  [EXECUTIVE DIRECTOR.  (a)  The executive
5-32     director is the executive officer and administrative head of the
5-33     commission.  The executive director exercises all rights, powers,
5-34     and duties imposed or conferred by law on the commission, except
5-35     for rulemaking and other rights, powers, and duties specifically
5-36     reserved under this subtitle to members of the commission.]
5-37           [(b)  The executive director shall hire personnel as
5-38     necessary to administer this subtitle.]
5-39           [(c)  The executive director serves at the pleasure of the
5-40     commission.]
5-41           [(d)  The commission shall develop and implement policies
5-42     that clearly separate the policymaking responsibilities of the
5-43     commission and the management responsibilities of the executive
5-44     director and the staff of the commission.]
5-45           [Sec. 402.042.  GENERAL POWERS AND DUTIES OF EXECUTIVE
5-46     DIRECTOR.  (a)  The executive director shall conduct the day-to-day
5-47     operations of the commission in accordance with policies
5-48     established by the commission and otherwise implement commission
5-49     policy.]
5-50           [(b)  The executive director may:]
5-51                 [(1)  investigate misconduct;]
5-52                 [(2)  hold hearings;]
5-53                 [(3)  issue subpoenas to compel the attendance of
5-54     witnesses and the production of documents;]
5-55                 [(4)  administer oaths;]
5-56                 [(5)  take testimony directly or by deposition or
5-57     interrogatory;]
5-58                 [(6)  assess and enforce penalties established under
5-59     this subtitle;]
5-60                 [(7)  enter appropriate orders as authorized by this
5-61     subtitle;]
5-62                 [(8)  correct clerical errors in the entry of orders;]
5-63                 [(9)  institute an action in the commission's name to
5-64     enjoin the violation of this subtitle;]
5-65                 [(10)  initiate an action under Section 410.254 to
5-66     intervene in a judicial proceeding;]
5-67                 [(11)  prescribe the form, manner, and procedure for
5-68     transmission of information to the commission; and]
5-69                 [(12)  delegate all powers and duties as necessary.]
 6-1           [(c)  The executive director is the agent for service of
 6-2     process on out-of-state employers.]
 6-3           [Sec. 402.043.  ADMINISTRATIVE ASSISTANTS.  The executive
 6-4     director shall employ and supervise:]
 6-5                 [(1)  one person representing wage earners permanently
 6-6     assigned to act as administrative assistant to the members of the
 6-7     commission who represent wage earners; and]
 6-8                 [(2)  one person representing employers permanently
 6-9     assigned to act as administrative assistant to the members of the
6-10     commission who represent employers.]
6-11           Sec. 402.043 [402.044].  CAREER LADDER; ANNUAL PERFORMANCE
6-12     EVALUATIONS.  (a)  The commissioner [executive director] shall
6-13     develop an intra-agency career ladder program that addresses
6-14     opportunities for mobility and advancement for employees within the
6-15     department [commission].  The program shall require intra-agency
6-16     postings of all positions concurrently with any public posting.
6-17           (b)  The commissioner [executive director] shall develop a
6-18     system of annual performance evaluations that are based on
6-19     documented employee performance.  All merit pay for department
6-20     [commission] employees must be based on the system established
6-21     under this subsection.
6-22           Sec. 402.044 [402.045].  EQUAL EMPLOYMENT OPPORTUNITY POLICY
6-23     STATEMENT.  (a)  The commissioner [executive director] shall
6-24     prepare and maintain a written policy statement to ensure
6-25     implementation of a program of equal employment opportunity under
6-26     which all personnel transactions are made without regard to race,
6-27     color, disability, sex, religion, age, or national origin.  The
6-28     policy statement must include:
6-29                 (1)  personnel policies, including policies related to
6-30     recruitment, evaluation, selection, appointment, training, and
6-31     promotion of personnel that are in compliance with the requirements
6-32     of Chapter 21;
6-33                 (2)  a comprehensive analysis of the department
6-34     [commission] work force that meets federal and state guidelines;
6-35                 (3)  procedures by which a determination can be made of
6-36     significant underuse in the department [commission] work force of
6-37     all persons for whom federal or state guidelines encourage a more
6-38     equitable balance; and
6-39                 (4)  reasonable methods to appropriately address those
6-40     areas of underuse.
6-41           (b)  A policy statement prepared under this section must:
6-42                 (1)  cover an annual period;
6-43                 (2)  be updated annually;
6-44                 (3)  be reviewed by the Commission on Human Rights for
6-45     compliance with Subsection (a)(1); and
6-46                 (4)  be filed with the governor's office.
6-47           (c)  The governor's office shall deliver a biennial report to
6-48     the legislature based on the information received under Subsection
6-49     (b).  The report may be made separately or as part of other
6-50     biennial reports made to the legislature.
6-51      ARTICLE 2.  CONFORMING AMENDMENTS WITHIN CHAPTER 402, LABOR CODE
6-52           SECTION 2.001.  The heading to Chapter 402, Labor Code, is
6-53     amended to read as follows:
6-54           CHAPTER 402.  TEXAS DEPARTMENT OF WORKERS' COMPENSATION
6-55                                [COMMISSION]
6-56           SECTION 2.002.  Section 402.021, Labor Code, is amended to
6-57     read as follows:
6-58           Sec. 402.021.  DEPARTMENT [COMMISSION] DIVISIONS.  (a)  The
6-59     department [commission] shall have:
6-60                 (1)  a division of workers' health and safety;
6-61                 (2)  a division of medical review;
6-62                 (3)  a division of compliance and practices; and
6-63                 (4)  a division of hearings.
6-64           (b)  In addition to the divisions listed by Subsection (a),
6-65     the commissioner [executive director, with the approval of the
6-66     commission,] may establish divisions within the department
6-67     [commission] for effective administration and performance of
6-68     department [commission] functions.  The commissioner [executive
6-69     director] may allocate and reallocate functions among those [the]
 7-1     divisions and those established under Subsection (a).
 7-2           (c)  The commissioner [executive director] shall appoint the
 7-3     directors of the divisions of the department [commission].  The
 7-4     directors serve at the pleasure of the commissioner [executive
 7-5     director].
 7-6           SECTION 2.003.  Section 402.022, Labor Code, is amended to
 7-7     read as follows:
 7-8           Sec. 402.022.  PUBLIC INTEREST INFORMATION.  (a)  The
 7-9     department [executive director] shall prepare information of public
7-10     interest describing the functions of the department [commission]
7-11     and the procedures by which complaints are filed with and resolved
7-12     by the department [commission].
7-13           (b)  The department [executive director] shall make the
7-14     information available to the public and appropriate state agencies.
7-15           SECTION 2.004.  Section 402.023, Labor Code, is amended to
7-16     read as follows:
7-17           Sec. 402.023.  COMPLAINT INFORMATION.  (a)  The department
7-18     [executive director] shall keep an information file about each
7-19     written complaint filed with the department [commission] that is
7-20     unrelated to a specific workers' compensation claim.  The
7-21     information must include:
7-22                 (1)  the date the complaint is received;
7-23                 (2)  the name of the complainant;
7-24                 (3)  the subject matter of the complaint;
7-25                 (4)  a record of all persons contacted in relation to
7-26     the complaint;
7-27                 (5)  a summary of the results of the review or
7-28     investigation of the complaint; and
7-29                 (6)  for complaints for which the department
7-30     [commission] took no action, an explanation of the reason the
7-31     complaint was closed without action.
7-32           (b)  For each written complaint that is unrelated to a
7-33     specific workers' compensation claim that the department
7-34     [commission] has authority to resolve, the department [executive
7-35     director] shall provide to the person filing the complaint and the
7-36     person about whom the complaint is made information about the
7-37     department's [commission's] policies and procedures relating to
7-38     complaint investigation and resolution.  The department
7-39     [commission], at least quarterly and until final disposition of the
7-40     complaint, shall notify those persons about the status of the
7-41     complaint unless the notice would jeopardize an undercover
7-42     investigation.
7-43           SECTION 2.005.  Section 402.024, Labor Code, is amended to
7-44     read as follows:
7-45           Sec. 402.024.  PUBLIC PARTICIPATION.  (a)  The department
7-46     [commission] shall develop and implement policies that provide the
7-47     public with a reasonable opportunity to appear before the
7-48     department [commission] and to speak on issues under the general
7-49     jurisdiction of the department [commission].
7-50           (b)  The department [commission] shall comply with federal
7-51     and state laws related to program and facility accessibility.
7-52           (c)  In addition to compliance with Subsection (a), the
7-53     department [executive director] shall prepare and maintain a
7-54     written plan that describes how a person who does not speak English
7-55     may be provided reasonable access to the department's
7-56     [commission's] programs and services.
7-57           SECTION 2.006.  Section 402.025, Labor Code, is amended to
7-58     read as follows:
7-59           Sec. 402.025.  AUDIT.  The financial transactions of the
7-60     department [commission] are subject to audit by the state auditor
7-61     in accordance with Chapter 321, Government Code.
7-62           SECTION 2.007.  The heading to Subchapter D, Chapter 402,
7-63     Labor Code, is amended to read as follows:
7-64           SUBCHAPTER D.  GENERAL POWERS AND DUTIES OF DEPARTMENT
7-65                                [COMMISSION]
7-66           SECTION 2.008.  Section 402.061, Labor Code, is amended to
7-67     read as follows:
7-68           Sec. 402.061.  ADOPTION OF RULES.  The commissioner
7-69     [commission] shall adopt rules as necessary for the implementation
 8-1     and enforcement of this subtitle.
 8-2           SECTION 2.009.  Section 402.062, Labor Code, is amended to
 8-3     read as follows:
 8-4           Sec. 402.062.  ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.
 8-5     (a)  The commissioner [commission] may accept gifts, grants, or
 8-6     donations as provided by rules adopted by the commissioner
 8-7     [commission].
 8-8           (b)  Notwithstanding Chapter 575, Government Code, the
 8-9     commissioner [commission] may accept a grant paid from the Texas
8-10     Workers' Compensation Insurance Fund established under Article
8-11     5.76-3, Insurance Code, to implement specific steps to control and
8-12     lower medical costs in the workers' compensation system and to
8-13     ensure the delivery of quality medical care.  The department
8-14     [commission] must publish the name of the grantor and the purpose
8-15     and conditions of the grant in the Texas Register and provide for a
8-16     20-day public comment period before the department [commission] may
8-17     accept the grant.  The commissioner [commission] shall acknowledge
8-18     acceptance of the grant at a public meeting.  The minutes of the
8-19     public meeting must include the name of the grantor, a description
8-20     of the grant, and a general statement of the purposes for which the
8-21     grant will be used.
8-22           SECTION 2.010.  Section 402.064, Labor Code, is amended to
8-23     read as follows:
8-24           Sec. 402.064.  FEES.  In addition to fees established by this
8-25     subtitle, the commissioner [commission] shall set reasonable fees
8-26     for services provided to persons requesting services from the
8-27     department [commission], including services provided under
8-28     Subchapter E.
8-29           SECTION 2.011.  Section 402.065, Labor Code, is amended to
8-30     read as follows:
8-31           Sec. 402.065.  EMPLOYMENT OF COUNSEL.  The commissioner
8-32     [commission] may employ counsel to represent the department
8-33     [commission] in any legal action the department [commission] is
8-34     authorized to initiate.
8-35           SECTION 2.012.  Section 402.066, Labor Code, is amended to
8-36     read as follows:
8-37           Sec. 402.066.  RECOMMENDATIONS TO LEGISLATURE.  (a)  The
8-38     commissioner [commission] shall consider and recommend to the
8-39     legislature changes to this subtitle.
8-40           (b)  The commissioner [commission] shall forward the
8-41     recommended changes to the legislature not later than December 1 of
8-42     each even-numbered year.
8-43           SECTION 2.013.  Section 402.0665, Labor Code, is amended to
8-44     read as follows:
8-45           Sec. 402.0665.  LEGISLATIVE OVERSIGHT.  The legislature may
8-46     adopt requirements relating to legislative oversight of the
8-47     department [commission] and the workers' compensation system of
8-48     this state.  The department [commission] shall comply with any
8-49     requirements adopted by the legislature under this section.
8-50           SECTION 2.014.  Section 402.067, Labor Code, is amended to
8-51     read as follows:
8-52           Sec. 402.067.  ADVISORY COMMITTEES.  The commissioner
8-53     [commission] may appoint advisory committees as the commissioner
8-54     [it] considers necessary.
8-55           SECTION 2.015.  Section 402.068, Labor Code, is amended to
8-56     read as follows:
8-57           Sec. 402.068.  DELEGATION OF RIGHTS AND DUTIES.  Except as
8-58     expressly provided by this subchapter, the commissioner
8-59     [commission] may not delegate rights and duties imposed on the
8-60     commissioner [it] by this subchapter.
8-61           SECTION 2.016.  Section 402.069, Labor Code, is amended to
8-62     read as follows:
8-63           Sec. 402.069.  QUALIFICATIONS AND STANDARDS OF CONDUCT
8-64     INFORMATION.  The commissioner or the commissioner's designee
8-65     [executive director] shall provide to department [members of the
8-66     commission and commission] employees, as often as necessary,
8-67     information regarding their:
8-68                 (1)  qualifications for office or employment under this
8-69     subtitle; and
 9-1                 (2)  responsibilities under applicable law relating to
 9-2     standards of conduct for state [officers or] employees.
 9-3           SECTION 2.017.  Subsection (a), Section 402.070, Labor Code,
 9-4     is amended to read as follows:
 9-5           (a)  The department [commission] shall prepare annually a
 9-6     complete and detailed written report accounting for all funds
 9-7     received and disbursed by the department [commission] during the
 9-8     preceding fiscal year.
 9-9           SECTION 2.018.  Subsection (a), Section 402.071, Labor Code,
9-10     is amended to read as follows:
9-11           (a)  The commissioner [commission] shall establish
9-12     qualifications for a representative and shall adopt rules
9-13     establishing procedures for authorization of representatives.
9-14           SECTION 2.019.  Section 402.072, Labor Code, is amended to
9-15     read as follows:
9-16           Sec. 402.072.  SANCTIONS.  Only the commissioner [commission]
9-17     may impose:
9-18                 (1)  a sanction that deprives a person of the right to
9-19     practice before the department [commission] or of the right to
9-20     receive remuneration under this subtitle for a period exceeding 30
9-21     days; or
9-22                 (2)  another sanction suspending for more than 30 days
9-23     or revoking a license, certification, or permit required for
9-24     practice in the field of workers' compensation.
9-25           SECTION 2.020.  Subsections (a) and (c), Section 402.073,
9-26     Labor Code, are amended to read as follows:
9-27           (a)  The commissioner [commission] and the chief
9-28     administrative law judge of the State Office of Administrative
9-29     Hearings by rule shall adopt a memorandum of understanding
9-30     governing administrative procedure law hearings under this subtitle
9-31     conducted by the State Office of Administrative Hearings in the
9-32     manner provided for a contested case hearing under Chapter 2001,
9-33     Government Code (the administrative procedure law).
9-34           (c)  In a case in which a hearing is conducted in conjunction
9-35     with Section 402.072, 407.046, or 408.023, and in other cases under
9-36     this subtitle that are not subject to Subsection (b), the
9-37     administrative law judge who conducts the hearing for the State
9-38     Office of Administrative Hearings shall propose a decision to the
9-39     commissioner [commission] for final consideration and decision by
9-40     the commissioner [commission].
9-41           SECTION 2.021.  Section 402.081, Labor Code, is amended to
9-42     read as follows:
9-43           Sec. 402.081.  DEPARTMENT [COMMISSION] RECORDS.  (a)  The
9-44     commissioner [executive director] is the custodian of the
9-45     department's [commission's] records and shall perform the duties of
9-46     a custodian required by law, including providing copies and the
9-47     certification of records.
9-48           (b)  The department [executive director] may destroy a record
9-49     maintained by the department [commission] pertaining to an injury
9-50     after the 50th anniversary of the date of the injury to which the
9-51     record refers unless benefits are being paid on the claim on that
9-52     date.
9-53           (c)  A record maintained by the department [commission] may
9-54     be preserved in any format permitted by Chapter 441, Government
9-55     Code, and rules adopted by the Texas State Library and Archives
9-56     Commission under that chapter.
9-57           (d)  The department [commission] may charge a reasonable fee
9-58     for making available for inspection any of its information that
9-59     contains confidential information that must be redacted before the
9-60     information is made available.  However, when a request for
9-61     information is for the inspection of 10 or fewer pages, and a copy
9-62     of the information is not requested, the department [commission]
9-63     may charge only the cost of making a copy of the page from which
9-64     confidential information must be redacted.  The fee for access to
9-65     information under Chapter 552, Government Code, shall be in accord
9-66     with the rules of the General Services Commission that prescribe
9-67     the method for computing the charge for copies under that chapter.
9-68           SECTION 2.022.  Section 402.082, Labor Code, is amended to
9-69     read as follows:
 10-1          Sec. 402.082.  INJURY INFORMATION MAINTAINED BY DEPARTMENT
 10-2    [COMMISSION].  The department [commission] shall maintain
 10-3    information on every compensable injury as to the:
 10-4                (1)  race, ethnicity, and sex of the claimant;
 10-5                (2)  classification of the injury;
 10-6                (3)  amount of wages earned by the claimant before the
 10-7    injury; and
 10-8                (4)  amount of compensation received by the claimant.
 10-9          SECTION 2.023.  Subsection (a), Section 402.083, Labor Code,
10-10    is amended to read as follows:
10-11          (a)  Information in or derived from a claim file regarding an
10-12    employee is confidential and may not be disclosed by the department
10-13    [commission] except as provided by this subtitle.
10-14          SECTION 2.024.  Subsection (a), Section 402.084, Labor Code,
10-15    is amended to read as follows:
10-16          (a)  The department [commission] shall perform and release a
10-17    record check on an employee, including current or prior injury
10-18    information, to the parties listed in Subsection (b) if:
10-19                (1)  the claim is:
10-20                      (A)  open or pending before the department
10-21    [commission];
10-22                      (B)  on appeal to a court of competent
10-23    jurisdiction; or
10-24                      (C)  the subject of a subsequent suit in which
10-25    the insurance carrier or the subsequent injury fund is subrogated
10-26    to the rights of the named claimant; and
10-27                (2)  the requesting party requests the release on a
10-28    form prescribed by the department [commission] for this purpose and
10-29    provides all required information.
10-30          SECTION 2.025.  Section 402.085, Labor Code, is amended to
10-31    read as follows:
10-32          Sec. 402.085.  EXCEPTIONS TO CONFIDENTIALITY.  (a)  The
10-33    department [commission] shall release information on a claim to:
10-34                (1)  the Texas Department of Insurance for any
10-35    statutory or regulatory purpose;
10-36                (2)  a legislative committee for legislative purposes;
10-37                (3)  a state or federal elected official requested in
10-38    writing to provide assistance by a constituent who qualifies to
10-39    obtain injury information under Section 402.084(b), if the request
10-40    for assistance is provided to the department [commission];
10-41                (4)  the Research and Oversight Council on Workers'
10-42    Compensation for research purposes; or
10-43                (5)  the attorney general or another entity that
10-44    provides child support services under Part D, Title IV, Social
10-45    Security Act (42 U.S.C. Section 651 et seq.), relating to:
10-46                      (A)  establishing, modifying, or enforcing a
10-47    child support or medical support obligation; or
10-48                      (B)  locating an absent parent.
10-49          (b)  The department [commission] may release information on a
10-50    claim to a governmental agency, political subdivision, or
10-51    regulatory body to use to:
10-52                (1)  investigate an allegation of a criminal offense or
10-53    licensing or regulatory violation;
10-54                (2)  provide:
10-55                      (A)  unemployment compensation benefits;
10-56                      (B)  crime victims compensation benefits;
10-57                      (C)  vocational rehabilitation services; or
10-58                      (D)  health care benefits;
10-59                (3)  investigate occupational safety or health
10-60    violations;
10-61                (4)  verify income on an application for benefits under
10-62    an income-based state or federal assistance program; or
10-63                (5)  assess financial resources in an action, including
10-64    an administrative action, to:
10-65                      (A)  establish, modify, or enforce a child
10-66    support or medical support obligation;
10-67                      (B)  establish paternity;
10-68                      (C)  locate an absent parent; or
10-69                      (D)  cooperate with another state in an action
 11-1    authorized under Part D, Title IV, Social Security Act (42 U.S.C.
 11-2    Section 651 et seq.), or Chapter 231, Family [76, Human Resources]
 11-3    Code.
 11-4          SECTION 2.026.  Subsections (a), (b), and (d), Section
 11-5    402.088, Labor Code, are amended to read as follows:
 11-6          (a)  On receipt of a valid request made under and complying
 11-7    with Section 402.087, the department [commission] shall review its
 11-8    records.
 11-9          (b)  If the department [commission] finds that the applicant
11-10    has made two or more general injury claims in the preceding five
11-11    years, the department [commission] shall release the date and
11-12    description of each injury to the employer.
11-13          (d)  If the employer requests information on three or more
11-14    applicants at the same time, the department [commission] may refuse
11-15    to release information until it receives the written authorization
11-16    from each applicant.
11-17          SECTION 2.027.  Subsection (a), Section 402.089, Labor Code,
11-18    is amended to read as follows:
11-19          (a)  An employer who receives information by telephone from
11-20    the department [commission] under Section 402.088 and who fails to
11-21    file the necessary authorization in accordance with Section 402.087
11-22    commits a Class C administrative violation.
11-23          SECTION 2.028.  Section 402.090, Labor Code, is amended to
11-24    read as follows:
11-25          Sec. 402.090.  STATISTICAL INFORMATION.  The department
11-26    [commission], the research center, or any other governmental agency
11-27    may prepare and release statistical information if the identity of
11-28    an employee is not explicitly or implicitly disclosed.
11-29          SECTION 2.029.  Subsection (a), Section 402.091, Labor Code,
11-30    is amended to read as follows:
11-31          (a)  A person commits an offense if the person knowingly,
11-32    intentionally, or recklessly publishes, discloses, or distributes
11-33    information that is confidential under this subchapter to a person
11-34    not authorized to receive the information directly from the
11-35    department [commission].
11-36          SECTION 2.030.  Subsections (a), (b), (d), (e), and (f),
11-37    Section 402.092, Labor Code, are amended to read as follows:
11-38          (a)  Information maintained in the investigation files of the
11-39    department [commission] is confidential and may not be disclosed
11-40    except:
11-41                (1)  in a criminal proceeding;
11-42                (2)  in a hearing conducted by the department, or by
11-43    the State Office of Administrative Hearings under this subtitle
11-44    [commission];
11-45                (3)  on a judicial determination of good cause; or
11-46                (4)  to a governmental agency, political subdivision,
11-47    or regulatory body if the disclosure is necessary or proper for the
11-48    enforcement of the laws of this or another state or of the United
11-49    States.
11-50          (b)  Department [Commission] investigation files are not open
11-51    records for purposes of Chapter 552, Government Code.
11-52          (d)  For purposes of this section, "investigation file" means
11-53    any information compiled or maintained by the department
11-54    [commission] with respect to a department [commission]
11-55    investigation authorized by law.
11-56          (e)  The department [commission], upon request, shall
11-57    disclose the identity of a complainant under this section if the
11-58    department [commission] finds:
11-59                (1)  the complaint was groundless or made in bad faith;
11-60    or
11-61                (2)  the complaint lacks any basis in fact or evidence;
11-62    or
11-63                (3)  the complaint is frivolous; or
11-64                (4)  the complaint is done specifically for competitive
11-65    or economic advantage.
11-66          (f)  Upon completion of an investigation where the department
11-67    [commission] determines a complaint is groundless, frivolous, made
11-68    in bad faith, or is not supported by evidence or is done
11-69    specifically for competitive or economic advantage the department
 12-1    [commission] shall notify the person who was the subject of the
 12-2    complaint of its finding and the identity of the complainant.
 12-3                 ARTICLE 3.  GENERAL CONFORMING AMENDMENTS
 12-4          SECTION 3.001.  Subsection (b), Section 91.003, Labor Code,
 12-5    is amended to read as follows:
 12-6          (b)  In particular, the Texas Workforce Commission, the Texas
 12-7    Department of Insurance, the Texas Department of Workers'
 12-8    Compensation [Commission], and the attorney general's office shall
 12-9    assist in the implementation of this chapter and shall provide
12-10    information to the department on request.
12-11          SECTION 3.002.  Section 401.002, Labor Code, is amended to
12-12    read as follows:
12-13          Sec. 401.002.  APPLICATION OF SUNSET ACT.  The Texas
12-14    Department of Workers' Compensation [Commission] is subject to
12-15    Chapter 325, Government Code (Texas Sunset Act).  Unless continued
12-16    in existence as provided by that chapter, the department
12-17    [commission] is abolished September 1, 2007.
12-18          SECTION 3.003.  Section 401.011, Labor Code, is amended by
12-19    amending Subdivisions (8), (15), (37), and (39) and adding
12-20    Subdivision (45) to read as follows:
12-21                (8)  "Commissioner" means the commissioner of workers'
12-22    compensation ["Commission" means the Texas Workers' Compensation
12-23    Commission].
12-24                (15)  "Designated doctor" means a doctor appointed by
12-25    mutual agreement of the parties or by the department [commission]
12-26    to recommend a resolution of a dispute as to the medical condition
12-27    of an injured employee.
12-28                (37)  "Representative" means a person, including an
12-29    attorney, authorized by the department [commission] to assist or
12-30    represent an employee, a person claiming a death benefit, or an
12-31    insurance carrier in a matter arising under this subtitle that
12-32    relates to the payment of compensation.
12-33                (39)  "Sanction" means a penalty or other punitive
12-34    action or remedy imposed by the department [commission] on an
12-35    insurance carrier, representative, employee, employer, or health
12-36    care provider for an act or omission in violation of this subtitle
12-37    or a rule or order of the department [commission].
12-38                (45)  "Department" means the Texas Department of
12-39    Workers' Compensation.
12-40          SECTION 3.004.  Section 401.021, Labor Code, is amended to
12-41    read as follows:  
12-42          Sec. 401.021.  APPLICATION OF OTHER ACTS.  Except as
12-43    otherwise provided by this subtitle:
12-44                (1)  a proceeding, hearing, judicial review, or
12-45    enforcement of a department [commission] order, decision, or rule
12-46    is governed by the following subchapters and sections of Chapter
12-47    2001, Government Code:
12-48                      (A)  Subchapters A, B, D, E, G, and H, excluding
12-49    Sections 2001.004(3) and 2001.005;
12-50                      (B)  Sections 2001.051, 2001.052, and 2001.053;
12-51                      (C)  Sections 2001.056 through 2001.062; and
12-52                      (D)  Section 2001.141(c);
12-53                (2)  a proceeding, hearing, judicial review, or
12-54    enforcement of a department [commission] order, decision, or rule
12-55    is governed by Subchapters A and B, Chapter 2002, Government Code,
12-56    excluding Sections 2002.001(3) [2002.001(2)] and 2002.023;
12-57                (3)  Chapter 551, Government Code, applies to a
12-58    proceeding under this subtitle, other than:
12-59                      (A)  a benefit review conference;
12-60                      (B)  a contested case hearing;
12-61                      (C)  an appeals panel proceeding;
12-62                      (D)  arbitration; or
12-63                      (E)  another proceeding involving a determination
12-64    on a workers' compensation claim; and
12-65                (4)  Chapter 552, Government Code, applies to a record
12-66    of the department [commission] or the research center.
12-67          SECTION 3.005.  Subsection (b), Section 401.023, Labor Code,
12-68    is amended to read as follows:
12-69          (b)  The department [commission] shall compute and publish
 13-1    the interest and discount rate quarterly, using the auction rate
 13-2    quoted on a discount basis for the 52-week treasury bills issued by
 13-3    the United States government, as published by the Federal Reserve
 13-4    Board on the date nearest to the 15th day preceding the first day
 13-5    of the calendar quarter for which the rate is to be effective, plus
 13-6    3.5 percent.  For this purpose, calendar quarters begin January 1,
 13-7    April 1, July 1, and October 1.
 13-8          SECTION 3.006.  Subsections (b), (c), and (d), Section
 13-9    401.024, Labor Code, are amended to read as follows:
13-10          (b)  Notwithstanding another provision of this subtitle that
13-11    specifies the form, manner, or procedure for the transmission of
13-12    specified information, the commissioner [commission] by rule may
13-13    permit or require the use of an electronic transmission instead of
13-14    the specified form, manner, or procedure.  If the electronic
13-15    transmission of information is not authorized or permitted by
13-16    [commission] rule, the transmission of that information is governed
13-17    by any applicable statute or rule that prescribes the form, manner,
13-18    or procedure for the transmission, including standards adopted by
13-19    the Department of Information Resources.
13-20          (c)  The department [commission] may designate and contract
13-21    with a data collection agent to fulfill the data collection
13-22    requirements of this subtitle.
13-23          (d)  The department [executive director] may prescribe the
13-24    form, manner, and procedure for transmitting any authorized or
13-25    required electronic transmission, including requirements related to
13-26    security, confidentiality, accuracy, and accountability.
13-27          SECTION 3.007.  Subchapter C, Chapter 401, Labor Code, is
13-28    amended by adding Section 401.025 to read as follows:
13-29          Sec. 401.025.  REFERENCES TO COMMISSION AND EXECUTIVE
13-30    DIRECTOR.  A reference in this code or other law to the Texas
13-31    Workers' Compensation Commission or the executive director of that
13-32    commission means the department or the commissioner as consistent
13-33    with the respective duties of the commissioner and the department
13-34    under this subtitle and other workers' compensation laws of this
13-35    state.
13-36          SECTION 3.008.  The heading to Section 403.001, Labor Code,
13-37    is amended to read as follows:
13-38          Sec. 403.001.  DEPARTMENT [COMMISSION] FUNDS.
13-39          SECTION 3.009.  Subsections (a) and (b), Section 403.001,
13-40    Labor Code, are amended to read as follows:
13-41          (a)  Except as provided by Sections 403.006 and 403.007 or as
13-42    otherwise provided by law, money collected under this subtitle,
13-43    including administrative penalties and advance deposits for
13-44    purchase of services, shall be deposited in the general revenue
13-45    fund of the state treasury to the credit of the department
13-46    [commission].
13-47          (b)  The money may be spent as authorized by legislative
13-48    appropriation on warrants issued by the comptroller under
13-49    requisitions made by the department [commission].
13-50          SECTION 3.010.  Section 403.003, Labor Code, is amended to
13-51    read as follows:
13-52          Sec. 403.003.  RATE OF ASSESSMENT.  (a)  The department
13-53    [commission] shall set and certify to the comptroller the rate of
13-54    maintenance tax assessment not later than October 31 of each year,
13-55    taking into account:
13-56                (1)  any expenditure projected as necessary for the
13-57    department [commission] to:
13-58                      (A)  administer this subtitle during the fiscal
13-59    year for which the rate of assessment is set; and
13-60                      (B)  reimburse the general revenue fund as
13-61    provided by Article 4.19, Insurance Code;
13-62                (2)  projected employee benefits paid from general
13-63    revenues;
13-64                (3)  a surplus or deficit produced by the tax in the
13-65    preceding year;
13-66                (4)  revenue recovered from other sources, including
13-67    reappropriated receipts, grants, payments, fees, gifts, and
13-68    penalties recovered under this subtitle; and
13-69                (5)  expenditures projected as necessary to support the
 14-1    prosecution of workers' compensation insurance fraud.
 14-2          (b)  In setting the rate of assessment, the department
 14-3    [commission] may not consider revenue or expenditures related to:
 14-4                (1)  the State Office of Risk Management;
 14-5                (2)  the research and oversight council on workers'
 14-6    compensation; or
 14-7                (3)  any other revenue or expenditure excluded from
 14-8    consideration by law.
 14-9          SECTION 3.011.  Section 403.004, Labor Code, is amended to
14-10    read as follows:
14-11          Sec. 403.004.  COLLECTION OF TAX AFTER WITHDRAWAL FROM
14-12    BUSINESS.  The insurance commissioner or the department [executive
14-13    director of the commission] immediately shall proceed to collect
14-14    taxes due under this chapter from an insurance carrier that
14-15    withdraws from business in this state, using legal process as
14-16    necessary.
14-17          SECTION 3.012.  Section 403.005, Labor Code, is amended to
14-18    read as follows:
14-19          Sec. 403.005.  TAX RATE SURPLUS OR DEFICIT.  (a)  If the tax
14-20    rate set by the department [commission] for a year does not produce
14-21    sufficient revenue to make all expenditures authorized by
14-22    legislative appropriation, the deficit shall be paid from the
14-23    general revenue fund.
14-24          (b)  If the tax rate set by the commissioner [commission] for
14-25    a year produces revenue that exceeds the amount required to make
14-26    all expenditures authorized by the legislature, the excess shall be
14-27    deposited in the general revenue fund to the credit of the
14-28    department [commission].
14-29          SECTION 3.013.  Subsection (c), Section 403.006, Labor Code,
14-30    is amended to read as follows:
14-31          (c)  The commissioner [executive director] shall appoint an
14-32    administrator for the subsequent injury fund.
14-33          SECTION 3.014.  Section 403.007, Labor Code, is amended to
14-34    read as follows:
14-35          Sec. 403.007.  FUNDING OF SUBSEQUENT INJURY FUND.  (a)  If a
14-36    compensable death occurs and no legal beneficiary survives or a
14-37    claim for death benefits is not timely made, the insurance carrier
14-38    shall pay to the department [commission] for deposit to the credit
14-39    of the subsequent injury fund an amount equal to 364 weeks of the
14-40    death benefits otherwise payable.
14-41          (b)  The insurance carrier may elect or the department
14-42    [commission] may order that death benefits payable to the fund be
14-43    commuted on written approval of the department [executive
14-44    director].  The commutation may be discounted for present payment
14-45    at the rate established in Section 401.023, compounded annually.
14-46          (c)  If a claim for death benefits is not filed with the
14-47    department [commission] by a legal beneficiary on or before the
14-48    first anniversary of the date of the death of the employee, it is
14-49    presumed, for purposes of this section only, that no legal
14-50    beneficiary survived the deceased employee.  The presumption does
14-51    not apply against a minor beneficiary or an incompetent beneficiary
14-52    for whom a guardian has not been appointed.
14-53          (d)  If the insurance carrier makes payment to the subsequent
14-54    injury fund and it is later determined by a final award of the
14-55    department [commission] or the final judgment of a court of
14-56    competent jurisdiction that a legal beneficiary is entitled to the
14-57    death benefits, the department [commission] shall order the fund to
14-58    reimburse the insurance carrier for the amount overpaid to the
14-59    fund.
14-60          SECTION 3.015.  Subsection (a), Section 404.002, Labor Code,
14-61    is amended to read as follows:
14-62          (a)  The Research and Oversight Council on Workers'
14-63    Compensation is an advisory body to the commissioner [commission].
14-64    The council shall be operated in a manner that ensures that its
14-65    research, findings, and conclusions are factual, fair, and
14-66    unbiased.
14-67          SECTION 3.016.  Subsection (b), Section 404.003, Labor Code,
14-68    is amended to read as follows:
14-69          (b)  The department [commission] shall set the rate of the
 15-1    maintenance tax based on the expenditures authorized and the
 15-2    receipts anticipated in legislative appropriations.  The tax rate
 15-3    for insurance companies may not exceed one-tenth of one percent of
 15-4    the correctly reported gross workers' compensation insurance
 15-5    premiums.  The tax rate for certified self-insurers may not exceed
 15-6    one-tenth of one percent of the total tax base of all certified
 15-7    self-insurers, as computed under Section 407.103(b).
 15-8          SECTION 3.017.  Subsections (a) and (d), Section 404.004,
 15-9    Labor Code, are amended to read as follows:
15-10          (a)  The council is governed by a board of directors,
15-11    composed of:
15-12                (1)  three senators, appointed by the lieutenant
15-13    governor;
15-14                (2)  three members of the house of representatives,
15-15    appointed by the speaker of the house of representatives;
15-16                (3)  the commissioner or a person designated by the
15-17    commissioner [a member of the commission, appointed by the
15-18    commission, from the members who are wage earners];
15-19                (4)  a member of the risk management board of the State
15-20    Office of Risk Management, appointed by the risk management board
15-21    [commission, appointed by the commission, from the members who are
15-22    employers of labor]; and
15-23                (5)  the commissioner of insurance or a person
15-24    designated by that commissioner.
15-25          (d)  An officer, employee, or paid consultant of a Texas
15-26    trade association whose members provide services subject to
15-27    regulation by the department [commission] or provide services whose
15-28    fees are subject to regulation by the department [commission] may
15-29    not be an employee of the council who is exempt from the state's
15-30    position classification plan or is compensated at or above the
15-31    amount prescribed by the General Appropriations Act for step 1,
15-32    salary group A17 [17], of the position classification salary
15-33    schedule.
15-34          SECTION 3.018.  Section 404.0041, Labor Code, is amended to
15-35    read as follows:
15-36          Sec. 404.0041.  EFFECT OF LOBBYING ACTIVITY.  A person may
15-37    not act as the general counsel to the board or the council if the
15-38    person is required to register as a lobbyist under Chapter 305,
15-39    Government Code, because of the person's activities for
15-40    compensation on behalf of a profession that is regulated or has
15-41    fees regulated by the department [commission].
15-42          SECTION 3.019.  Subsections (a) and (d), Section 404.007,
15-43    Labor Code, are amended to read as follows:
15-44          (a)  The board shall:
15-45                (1)  approve the operating budget of the council;
15-46                (2)  adopt rules for the operations of the board and
15-47    the council;
15-48                (3)  conduct professional studies and research on all
15-49    matters relevant to the cost, quality, and operational
15-50    effectiveness of the workers' compensation system;
15-51                (4)  monitor the cost of income benefits under this
15-52    subtitle, with emphasis on the availability and cost of
15-53    supplemental income benefits;
15-54                (5)  monitor the performance and operation of the Texas
15-55    Workers' Compensation Insurance Fund, with emphasis on the insurer
15-56    of last resort program;
15-57                (6)  hold regular public hearings and receive testimony
15-58    and reports from:
15-59                      (A)  the department [commission];
15-60                      (B)  the Texas Workers' Compensation Insurance
15-61    Fund;
15-62                      (C)  the Texas Department of Insurance;
15-63                      (D)  the State Office of Risk Management; and
15-64                      (E)  any other public or private entity that is
15-65    involved in the workers' compensation system;
15-66                (7)  receive information about workers' compensation
15-67    rules and operations of an entity listed in Subdivision (6); and
15-68                (8)  review specific recommendations for legislation
15-69    relating to this subtitle [the Texas Workers' Compensation Act]
 16-1    formally proposed by an entity listed in Subdivision (6).
 16-2          (d)  The board may:
 16-3                (1)  delegate powers to the executive director as it
 16-4    considers appropriate, including general guidance on the
 16-5    identification of information needs and the conduct of research;
 16-6                (2)  contract with other persons, including
 16-7    institutions of higher education, for conducting economical studies
 16-8    of high quality for the council;
 16-9                (3)  contract with the department [commission] for a
16-10    fiscal, personnel, or other support function;
16-11                (4)  appoint expert advisory committees to provide
16-12    technical assistance in conducting research; and
16-13                (5)  request reports and other information on workers'
16-14    compensation from an entity listed in Subsection (a)(6).  Requests
16-15    made under this subsection shall be reasonable in scope and shall
16-16    take into account the availability of the information requested,
16-17    the preparation time required, and other relevant circumstances.
16-18          SECTION 3.020.  Subsection (c), Section 404.008, Labor Code,
16-19    is amended to read as follows:
16-20          (c)  The executive director shall prepare a request for
16-21    legislative appropriations for the operations of the council.  If
16-22    the request is approved by the board, the board shall submit the
16-23    request to the department [commission].  The department
16-24    [commission] shall include the request in the department's
16-25    [commission's] legislative appropriations request.
16-26          SECTION 3.021.  Subsection (a), Section 404.010, Labor Code,
16-27    is amended to read as follows:
16-28          (a)  As required to fulfill the objectives of the council,
16-29    the council is entitled to access to the files and records of:
16-30                (1)  the department [commission];
16-31                (2)  the Texas Workforce Commission;
16-32                (3)  the Texas Department of Insurance;
16-33                (4)  the Texas Department of Human Services;
16-34                (5)  the Texas Workers' Compensation Insurance Fund;
16-35    and
16-36                (6)  other state agencies.
16-37          SECTION 3.022.  The heading to Section 406.004, Labor Code,
16-38    is amended to read as follows:
16-39          Sec. 406.004.  EMPLOYER NOTICE TO DEPARTMENT [COMMISSION];
16-40    ADMINISTRATIVE VIOLATION.
16-41          SECTION 3.023.  Subsections (a) through (d), Section 406.004,
16-42    Labor Code, are amended to read as follows:
16-43          (a)  An employer who does not obtain workers' compensation
16-44    insurance coverage shall notify the department [commission] in
16-45    writing, in the time and as prescribed by department [commission]
16-46    rule, that the employer elects not to obtain coverage.
16-47          (b)  The department [commission] shall prescribe forms to be
16-48    used for the employer notification and shall require the employer
16-49    to provide reasonable information to the department [commission]
16-50    about the employer's business.
16-51          (c)  The department [commission] may contract with the Texas
16-52    Employment Commission or the comptroller for assistance in
16-53    collecting the notification required under this section.  Those
16-54    agencies shall cooperate with the department [commission] in
16-55    enforcing this section.
16-56          (d)  The employer notification filing required under this
16-57    section shall be filed with the department [commission] in
16-58    accordance with Section 406.009.
16-59          SECTION 3.024.  Subsection (c), Section 406.005, Labor Code,
16-60    is amended to read as follows:
16-61          (c)  Each employer shall post a notice of whether the
16-62    employer has workers' compensation insurance coverage at
16-63    conspicuous locations at the employer's place of business as
16-64    necessary to provide reasonable notice to the employees.  The
16-65    commissioner [commission] may adopt rules relating to the form and
16-66    content of the notice.  The employer shall revise the notice when
16-67    the information contained in the notice is changed.
16-68          SECTION 3.025.  Subsections (a), (b), and (c), Section
16-69    406.006, Labor Code, are amended to read as follows:
 17-1          (a)  An insurance company from which an employer has obtained
 17-2    workers' compensation insurance coverage, a certified self-insurer,
 17-3    and a political subdivision shall file notice of the coverage and
 17-4    claim administration contact information with the department
 17-5    [commission] not later than the 10th day after the date on which
 17-6    the coverage or claim administration agreement takes effect, unless
 17-7    the commissioner [commission] adopts a rule establishing a later
 17-8    date for filing.  Coverage takes effect on the date on which a
 17-9    binder is issued, a later date and time agreed to by the parties,
17-10    on the date provided by the certificate of self-insurance, or on
17-11    the date provided in an interlocal agreement that provides for
17-12    self-insurance.  The commissioner [commission] may adopt rules that
17-13    establish the coverage and claim administration contact information
17-14    required under this subsection.
17-15          (b)  The notice required under this section shall be filed
17-16    with the department [commission] in accordance with Section
17-17    406.009.
17-18          (c)  An insurance company, certified self-insurer, or
17-19    political subdivision commits a violation if the person fails to
17-20    file notice with the department [commission] as provided by this
17-21    section.  A violation under this subsection is a Class C
17-22    administrative violation.  Each day of noncompliance constitutes a
17-23    separate violation.
17-24          SECTION 3.026.  Subsections (a), (b), and (c), Section
17-25    406.007, Labor Code, are amended to read as follows:
17-26          (a)  An employer who terminates workers' compensation
17-27    insurance coverage obtained under this subtitle shall file a
17-28    written notice with the department [commission] by certified mail
17-29    not later than the 10th day after the date on which the employer
17-30    notified the insurance carrier to terminate the coverage.  The
17-31    notice must include a statement certifying the date that notice was
17-32    provided or will be provided to affected employees under Section
17-33    406.005.
17-34          (b)  The notice required under this section shall be filed
17-35    with the department [commission] in accordance with Section
17-36    406.009.
17-37          (c)  Termination of coverage takes effect on the later of:
17-38                (1)  the 30th day after the date of filing of notice
17-39    with the department [commission] under Subsection (a); or
17-40                (2)  the cancellation date of the policy.
17-41          SECTION 3.027.  Section 406.008, Labor Code, is amended to
17-42    read as follows:
17-43          Sec. 406.008.  CANCELLATION OR NONRENEWAL OF COVERAGE BY
17-44    INSURANCE COMPANY; NOTICE.  (a)  An insurance company that cancels
17-45    a policy of workers' compensation insurance or that does not renew
17-46    the policy by the anniversary date of the policy shall deliver
17-47    notice of the cancellation or nonrenewal by certified mail or in
17-48    person to the employer and the department [commission] not later
17-49    than:
17-50                (1)  the 30th day before the date on which the
17-51    cancellation or nonrenewal takes effect; or
17-52                (2)  the 10th day before the date on which the
17-53    cancellation or nonrenewal takes effect if the insurance company
17-54    cancels or does not renew because of:
17-55                      (A)  fraud in obtaining coverage;
17-56                      (B)  misrepresentation of the amount of payroll
17-57    for purposes of premium calculation;
17-58                      (C)  failure to pay a premium when due;
17-59                      (D)  an increase in the hazard for which the
17-60    employer seeks coverage that results from an act or omission of the
17-61    employer and that would produce an increase in the rate, including
17-62    an increase because of a failure to comply with:
17-63                            (i)  reasonable recommendations for loss
17-64    control; or
17-65                            (ii)  recommendations designed to reduce a
17-66    hazard under the employer's control within a reasonable period; or
17-67                      (E)  a determination made by the commissioner of
17-68    insurance that the continuation of the policy would place the
17-69    insurer in violation of the law or would be hazardous to the
 18-1    interest of subscribers, creditors, or the general public.
 18-2          (b)  The notice required under this section shall be filed
 18-3    with the department [commission].
 18-4          (c)  Failure of the insurance company to give notice as
 18-5    required by this section extends the policy until the date on which
 18-6    the required notice is provided to the employer and the department
 18-7    [commission].
 18-8          SECTION 3.028.  Subsections (a) through (d), Section 406.009,
 18-9    Labor Code, are amended to read as follows:
18-10          (a)  The department [commission] shall collect and maintain
18-11    the information required under this subchapter and shall monitor
18-12    compliance with the requirements of this subchapter.
18-13          (b)  The commissioner [commission] may adopt rules as
18-14    necessary to enforce this subchapter.
18-15          (c)  The department [commission] may designate a data
18-16    collection agent, implement an electronic reporting and public
18-17    information access program, and adopt rules as necessary to
18-18    implement the data collection requirements of this subchapter.  The
18-19    department [executive director] may establish the form, manner, and
18-20    procedure for the transmission of information to the department
18-21    [commission as authorized by Section 402.042(b)(11)].
18-22          (d)  The department [commission] may require an employer or
18-23    insurance carrier subject to this subtitle to identify or confirm
18-24    an employer's coverage status and claim administration contact
18-25    information as necessary to achieve the purposes of this subtitle.
18-26          SECTION 3.029.  Subsection (c), Section 406.010, Labor Code,
18-27    is amended to read as follows:
18-28          (c)  The commissioner [commission] by rule shall further
18-29    specify the requirements of this section.
18-30          SECTION 3.030.  Subsection (a), Section 406.011, Labor Code,
18-31    is amended to read as follows:
18-32          (a)  The commissioner [commission] by rule may require an
18-33    insurance carrier to designate a representative in Austin to act as
18-34    the insurance carrier's agent before the department [commission] in
18-35    Austin.  Notice to the designated agent constitutes notice to the
18-36    insurance carrier.
18-37          SECTION 3.031.  Section 406.012, Labor Code, is amended to
18-38    read as follows:
18-39          Sec. 406.012.  ENFORCEMENT OF SUBCHAPTER.  The department
18-40    [commission] shall enforce the administrative penalties established
18-41    under this subchapter in accordance with Chapter 415.
18-42          SECTION 3.032.  Subsection (c), Section 406.051, Labor Code,
18-43    is amended to read as follows:
18-44          (c)  The employer may not transfer:
18-45                (1)  the obligation to accept a report of injury under
18-46    Section 409.001;
18-47                (2)  the obligation to maintain records of injuries
18-48    under Section 409.006;
18-49                (3)  the obligation to report injuries to the insurance
18-50    carrier under Section 409.005;
18-51                (4)  liability for a violation of Section 415.006 or
18-52    415.008 or of Chapter 451; or
18-53                (5)  the obligation to comply with a department
18-54    [commission] order.
18-55          SECTION 3.033.  Subsection (b), Section 406.073, Labor Code,
18-56    is amended to read as follows:
18-57          (b)  The employer shall file the agreement with the
18-58    department [executive director] on request.
18-59          SECTION 3.034.  Subsections (a) and (b), Section 406.074,
18-60    Labor Code, are amended to read as follows:
18-61          (a)  The department [executive director] may enter into an
18-62    agreement with an appropriate agency of another jurisdiction with
18-63    respect to:
18-64                (1)  conflicts of jurisdiction;
18-65                (2)  assumption of jurisdiction in a case in which the
18-66    contract of employment arises in one state and the injury is
18-67    incurred in another;
18-68                (3)  procedures for proceeding against a foreign
18-69    employer who fails to comply with this subtitle; and
 19-1                (4)  procedures for the appropriate agency to use to
 19-2    proceed against an employer of this state who fails to comply with
 19-3    the workers' compensation laws of the other jurisdiction.
 19-4          (b)  An executed agreement that has been adopted as a rule by
 19-5    the commissioner [commission] binds all subject employers and
 19-6    employees.
 19-7          SECTION 3.035.  Subsection (b), Section 406.093, Labor Code,
 19-8    is amended to read as follows:
 19-9          (b)  The commissioner [commission] by rule shall adopt
19-10    procedures relating to the method of payment of benefits to legally
19-11    incompetent employees.
19-12          SECTION 3.036.  Subsection (b), Section 406.095, Labor Code,
19-13    is amended to read as follows:
19-14          (b)  The commissioner [commission] by rule shall establish
19-15    the procedures and requirements for an election under this section.
19-16          SECTION 3.037.  Subsections (c) and (d), Section 406.144,
19-17    Labor Code, are amended to read as follows:
19-18          (c)  An agreement under this section shall be filed with the
19-19    department [commission] either by personal delivery or by
19-20    registered or certified mail and is considered filed on receipt by
19-21    the department [commission].
19-22          (d)  The hiring contractor shall send a copy of an agreement
19-23    under this section to the hiring contractor's workers' compensation
19-24    insurance carrier on filing of the agreement with the department
19-25    [commission].
19-26          SECTION 3.038.  Subsections (a), (b), (c), (d), and (f),
19-27    Section 406.145, Labor Code, are amended to read as follows:
19-28          (a)  A hiring contractor and an independent subcontractor may
19-29    make a joint agreement declaring that the subcontractor is an
19-30    independent contractor as defined in Section 406.141(2) and that
19-31    the subcontractor is not the employee of the hiring contractor.  If
19-32    the joint agreement is signed by both the hiring contractor and the
19-33    subcontractor and filed with the department [commission], the
19-34    subcontractor, as a matter of law, is an independent contractor and
19-35    not an employee, and is not entitled to workers' compensation
19-36    insurance coverage through the hiring contractor unless an
19-37    agreement is entered into under Section 406.144 to provide workers'
19-38    compensation insurance coverage.  The department [commission] shall
19-39    prescribe forms for the joint agreement.
19-40          (b)  A joint agreement shall be delivered to the department
19-41    [commission] by personal delivery or registered or certified mail
19-42    and is considered filed on receipt by the department [commission].
19-43          (c)  The hiring contractor shall send a copy of a joint
19-44    agreement signed under this section to the hiring contractor's
19-45    workers' compensation insurance carrier on filing of the joint
19-46    agreement with the department [commission].
19-47          (d)  The department [commission] shall maintain a system for
19-48    accepting and maintaining the joint agreements.
19-49          (f)  If a subsequent hiring agreement is made to which the
19-50    joint agreement does not apply, the hiring contractor and
19-51    independent contractor shall notify the department [commission] and
19-52    the hiring contractor's workers' compensation insurance carrier in
19-53    writing.
19-54          SECTION 3.039.  Subsection (b), Section 406.162, Labor Code,
19-55    is amended to read as follows:
19-56          (b)  The comptroller shall prepare a consumer price index for
19-57    this state and shall certify the applicable index factor to the
19-58    department [commission] before October 1 of each year.  The
19-59    department [commission] shall adjust the gross annual payroll
19-60    requirement under Subsection (a)(2)(B) accordingly.
19-61          SECTION 3.040.  Subdivision (3), Section 407.001, Labor Code,
19-62    is amended to read as follows:
19-63                (3)  "Impaired employer" means a certified
19-64    self-insurer:
19-65                      (A)  who has suspended payment of compensation as
19-66    determined by the department [commission];
19-67                      (B)  who has filed for relief under bankruptcy
19-68    laws;
19-69                      (C)  against whom bankruptcy proceedings have
 20-1    been filed; or
 20-2                      (D)  for whom a receiver has been appointed by a
 20-3    court of this state.
 20-4          SECTION 3.041.  Section 407.021, Labor Code, is amended to
 20-5    read as follows:
 20-6          Sec. 407.021.  DIVISION.  The division of self-insurance
 20-7    regulation is a division of the department [commission].
 20-8          SECTION 3.042.  Section 407.022, Labor Code, is amended to
 20-9    read as follows:
20-10          Sec. 407.022.  DIRECTOR.  (a)  The commissioner [executive
20-11    director of the commission] shall appoint the director of the
20-12    division.
20-13          (b)  The director shall exercise all the rights, powers, and
20-14    duties imposed or conferred on the department [commission] by this
20-15    chapter, other than by Section 407.023.
20-16          SECTION 3.043.  Section 407.023, Labor Code, is amended to
20-17    read as follows:
20-18          Sec. 407.023.  EXCLUSIVE POWERS AND DUTIES OF COMMISSIONER
20-19    [COMMISSION].  (a)  The commissioner [commission, by majority
20-20    vote,] shall:
20-21                (1)  approve or deny a recommendation by the director
20-22    concerning the issuance or revocation of a certificate of authority
20-23    to self-insure; and
20-24                (2)  certify that a certified self-insurer has
20-25    suspended payment of compensation or has otherwise become an
20-26    impaired employer.
20-27          (b)  The commissioner [commission] may not delegate the
20-28    powers and duties imposed by this section.
20-29          SECTION 3.044.  Subsections (a), (b), and (c), Section
20-30    407.041, Labor Code, are amended to read as follows:
20-31          (a)  An employer who desires to self-insure under this
20-32    chapter must submit an application to the department [commission]
20-33    for a certificate of authority to self-insure.
20-34          (b)  The application must be:
20-35                (1)  submitted on a form adopted by the department
20-36    [commission]; and
20-37                (2)  accompanied by a nonrefundable $1,000 application
20-38    fee.
20-39          (c)  Not later than the 60th day after the date on which the
20-40    application is received, the director shall recommend approval or
20-41    denial of the application to the commissioner [commission].
20-42          SECTION 3.045.  Section 407.042, Labor Code, is amended to
20-43    read as follows:
20-44          Sec. 407.042.  ISSUANCE OF CERTIFICATE.  With the approval of
20-45    the Texas Certified Self-Insurer Guaranty Association, [and by
20-46    majority vote,] the commissioner [commission] shall issue a
20-47    certificate of authority to self-insure to an applicant who meets
20-48    the certification requirements under this chapter and pays the
20-49    required fee.
20-50          SECTION 3.046.  Section 407.043, Labor Code, is amended to
20-51    read as follows:
20-52          Sec. 407.043.  PROCEDURES ON DENIAL OF APPLICATION.  (a)  If
20-53    the commissioner [commission] determines that an applicant for a
20-54    certificate of authority to self-insure does not meet the
20-55    certification requirements, the department [commission] shall
20-56    notify the applicant in writing of its determination, stating the
20-57    specific reasons for the denial and the conditions to be met before
20-58    approval may be granted.
20-59          (b)  The applicant is entitled to a reasonable period, as
20-60    determined by the department [commission], to meet the conditions
20-61    for approval before the application is considered rejected for
20-62    purposes of appeal.
20-63          SECTION 3.047.  Subsection (a), Section 407.044, Labor Code,
20-64    is amended to read as follows:
20-65          (a)  A certificate of authority to self-insure is valid for
20-66    one year after the date of issuance and may be renewed under
20-67    procedures prescribed by the department [commission].
20-68          SECTION 3.048.  Section 407.045, Labor Code, is amended to
20-69    read as follows:
 21-1          Sec. 407.045.  WITHDRAWAL FROM SELF-INSURANCE.  (a)  A
 21-2    certified self-insurer may withdraw from self-insurance at any time
 21-3    with the approval of the commissioner [commission].  The
 21-4    commissioner [commission] shall approve the withdrawal if the
 21-5    certified self-insurer shows to the satisfaction of the
 21-6    commissioner [commission] that the certified self-insurer has
 21-7    established an adequate program to pay all incurred losses,
 21-8    including unreported losses, that arise out of accidents or
 21-9    occupational diseases first distinctly manifested during the period
21-10    of operation as a certified self-insurer.
21-11          (b)  A certified self-insurer who withdraws from
21-12    self-insurance shall surrender to the department [commission] the
21-13    certificate of authority to self-insure.
21-14          SECTION 3.049.  Subsections (a), (b), and (d), Section
21-15    407.046, Labor Code, are amended to read as follows:
21-16          (a)  The commissioner [commission by majority vote] may
21-17    revoke the certificate of authority to self-insure of a certified
21-18    self-insurer who fails to comply with requirements or conditions
21-19    established by this chapter or a rule adopted by the commissioner
21-20    [commission] under this chapter.
21-21          (b)  If the commissioner [commission] believes that a ground
21-22    exists to revoke a certificate of authority to self-insure, the
21-23    commissioner [commission] shall refer the matter to the State
21-24    Office of Administrative Hearings.  That office shall hold a
21-25    hearing to determine if the certificate should be revoked.  The
21-26    hearing shall be conducted in the manner provided for a contested
21-27    case hearing under Chapter 2001, Government Code (the
21-28    administrative procedure law).
21-29          (d)  If the certified self-insurer fails to show cause why
21-30    the certificate should not be revoked, the commissioner
21-31    [commission] immediately shall revoke the certificate.
21-32          SECTION 3.050.  Subsection (b), Section 407.047, Labor Code,
21-33    is amended to read as follows:
21-34          (b)  The security required under Sections 407.064 and 407.065
21-35    shall be maintained with the department [commission] or under the
21-36    department's [commission's] control until each claim for workers'
21-37    compensation benefits is paid, is settled, or lapses under this
21-38    subtitle.
21-39          SECTION 3.051.  Subsections (a), (c), (e), and (f), Section
21-40    407.061, Labor Code, are amended to read as follows:
21-41          (a)  To be eligible for a certificate of authority to
21-42    self-insure, an applicant for an initial or renewal certificate
21-43    must present evidence satisfactory to the commissioner [commission]
21-44    and the association of sufficient financial strength and liquidity,
21-45    under standards adopted by the commissioner [commission], to ensure
21-46    that all workers' compensation obligations incurred by the
21-47    applicant under this chapter are met promptly.
21-48          (c)  The applicant must present a plan for claims
21-49    administration that is acceptable to the commissioner [commission]
21-50    and that designates a qualified claims servicing contractor.
21-51          (e)  The applicant must provide to the department
21-52    [commission] a copy of each contract entered into with a person
21-53    that provides claims services, underwriting services, or accident
21-54    prevention services if the provider of those services is not an
21-55    employee of the applicant.  The contract must be acceptable to the
21-56    commissioner [commission] and must be submitted in a standard form
21-57    adopted by the department [commission], if the department
21-58    [commission] adopts such a form.
21-59          (f)  The commissioner [commission] shall adopt rules for the
21-60    requirements for the financial statements required by Subsection
21-61    (b)(2).
21-62          SECTION 3.052.  Section 407.062, Labor Code, is amended to
21-63    read as follows:
21-64          Sec. 407.062.  FINANCIAL STRENGTH AND LIQUIDITY REQUIREMENTS.
21-65    In assessing the financial strength and liquidity of an applicant,
21-66    the commissioner [commission] shall consider:
21-67                (1)  the applicant's organizational structure and
21-68    management background;
21-69                (2)  the applicant's profit and loss history;
 22-1                (3)  the applicant's compensation loss history;
 22-2                (4)  the source and reliability of the financial
 22-3    information submitted by the applicant;
 22-4                (5)  the number of employees affected by
 22-5    self-insurance;
 22-6                (6)  the applicant's access to excess insurance
 22-7    markets;
 22-8                (7)  financial ratios, indexes, or other financial
 22-9    measures that the commissioner [commission] finds appropriate; and
22-10                (8)  any other information considered appropriate by
22-11    the commissioner [commission].
22-12          SECTION 3.053.  Subsection (a), Section 407.063, Labor Code,
22-13    is amended to read as follows:
22-14          (a)  In addition to meeting the other certification
22-15    requirements imposed under this chapter, an applicant for an
22-16    initial certificate of authority to self-insure must present
22-17    evidence satisfactory to the commissioner [commission] of a total
22-18    unmodified workers' compensation insurance premium in this state in
22-19    the calendar year of application of at least $500,000.
22-20          SECTION 3.054.  Subsection (b), Section 407.064, Labor Code,
22-21    is amended to read as follows:
22-22          (b)  If an applicant who has provided a letter of credit as
22-23    all or part of the security required under this section desires to
22-24    cancel the existing letter of credit and substitute a different
22-25    letter of credit or another form of security, the applicant shall
22-26    notify the department [commission] in writing not later than the
22-27    60th day before the effective date of the cancellation of the
22-28    original letter of credit.
22-29          SECTION 3.055.  Subsections (a), (b), (c), (d), (f), and (g),
22-30    Section 407.081, Labor Code, are amended to read as follows:
22-31          (a)  Each certified self-insurer shall file an annual report
22-32    with the department [commission].  The department [commission]
22-33    shall prescribe the form of the report and shall furnish blank
22-34    forms for the preparation of the report to each certified
22-35    self-insurer.
22-36          (b)  The report must:
22-37                (1)  include payroll information, in the form
22-38    prescribed by this chapter and the department [commission];
22-39                (2)  state the number of injuries sustained in the
22-40    three preceding calendar years; and
22-41                (3)  indicate separately the amount paid during each
22-42    year for income benefits, medical benefits, death benefits, burial
22-43    benefits, and other proper expenses related to worker injuries.
22-44          (c)  Each certified self-insurer shall file with the
22-45    department [commission] as part of the annual report annual
22-46    independent financial statements that reflect the financial
22-47    condition of the self-insurer.  The department [commission] shall
22-48    make a financial statement filed under this subsection available
22-49    for public review.
22-50          (d)  The department [commission] may require that the report
22-51    include additional financial and statistical information.
22-52          (f)  The report must include an estimate of future liability
22-53    for compensation.  The estimate must be signed and sworn to by a
22-54    certified casualty actuary every third year, or more frequently if
22-55    required by the department [commission].
22-56          (g)  If the department [commission] considers it necessary,
22-57    it may order a certified self-insurer whose financial condition or
22-58    claims record warrants closer supervision to report as provided by
22-59    this section more often than annually.
22-60          SECTION 3.056.  Subsections (a), (c), and (d), Section
22-61    407.082, Labor Code, are amended to read as follows:
22-62          (a)  Each certified self-insurer shall maintain the books,
22-63    records, and payroll information necessary to compile the annual
22-64    report required under Section 407.081 and any other information
22-65    reasonably required by the department [commission].
22-66          (c)  The material maintained by the certified self-insurer
22-67    shall be open to examination by an authorized agent or
22-68    representative of the department [commission] at reasonable times
22-69    to ascertain the correctness of the information.
 23-1          (d)  The examination may be conducted at any location,
 23-2    including the department's [commission's] Austin offices, or, at
 23-3    the certified self-insurer's option, in the offices of the
 23-4    certified self-insurer.  The certified self-insurer shall pay the
 23-5    reasonable expenses, including travel expenses, of an inspector who
 23-6    conducts an inspection at its offices.
 23-7          SECTION 3.057.  Subsection (b), Section 407.101, Labor Code,
 23-8    is amended to read as follows:
 23-9          (b)  The department [commission] shall deposit the
23-10    application fee for a certificate of authority to self-insure in
23-11    the state treasury to the credit of the workers' compensation
23-12    self-insurance fund.
23-13          SECTION 3.058.  Section 407.102, Labor Code, is amended to
23-14    read as follows:
23-15          Sec. 407.102.  REGULATORY FEE.  (a)  Each certified
23-16    self-insurer shall pay an annual fee to cover the administrative
23-17    costs incurred by the department [commission] in implementing this
23-18    chapter.
23-19          (b)  The department [commission] shall base the fee on the
23-20    total amount of income benefit payments made in the preceding
23-21    calendar year.  The department [commission] shall assess each
23-22    certified self-insurer a pro rata share based on the ratio that the
23-23    total amount of income benefit payments made by that certified
23-24    self-insurer bears to the total amount of income benefit payments
23-25    made by all certified self-insurers.
23-26          SECTION 3.059.  Subsections (a) and (d), Section 407.103,
23-27    Labor Code, are amended to read as follows:
23-28          (a)  Each certified self-insurer shall pay a self-insurer
23-29    maintenance tax for the administration of the department
23-30    [commission] and to support the prosecution of workers'
23-31    compensation insurance fraud in this state.  Not more than two
23-32    percent of the total tax base of all certified self-insurers, as
23-33    computed under Subsection (b), may be assessed for a maintenance
23-34    tax under this section.
23-35          (d)  In setting the rate of maintenance tax assessment for
23-36    insurance companies, the department [commission] may not consider
23-37    revenue or expenditures related to the division.
23-38          SECTION 3.060.  Subsections (b), (c), and (e), Section
23-39    407.104, Labor Code, are amended to read as follows:
23-40          (b)  The department [commission] shall compute the fee and
23-41    taxes of a certified self-insurer and notify the certified
23-42    self-insurer of the amounts due.  The taxes and fees shall be
23-43    remitted to the department [commission].
23-44          (c)  The regulatory fee imposed under Section 407.102 shall
23-45    be deposited in the state treasury to the credit of the workers'
23-46    compensation self-insurance fund.  The self-insurer maintenance tax
23-47    shall be deposited in the state treasury to the credit of the
23-48    department [commission].
23-49          (e)  If the certificate of authority to self-insure of a
23-50    certified self-insurer is terminated, the insurance commissioner or
23-51    the commissioner [executive director of the commission] shall
23-52    proceed immediately to collect taxes due under this subtitle, using
23-53    legal process as necessary.
23-54          SECTION 3.061.  Subsections (b) and (c), Section 407.122,
23-55    Labor Code, are amended to read as follows:
23-56          (b)  The board of directors is composed of the following
23-57    voting members:
23-58                (1)  three certified self-insurers;
23-59                (2)  the commissioner [one commission member
23-60    representing wage earners;]
23-61                [(3)  one commission member representing employers];
23-62    and
23-63                (3) [(4)]  the public counsel of the office of public
23-64    insurance counsel.
23-65          (c)  The [executive director of the commission and the]
23-66    director of the division of self-insurance regulation serves
23-67    [serve] as a nonvoting member [members] of the board of directors.
23-68          SECTION 3.062.  Subsection (b), Section 407.123, Labor Code,
23-69    is amended to read as follows:
 24-1          (b)  Rules adopted by the board are subject to the approval
 24-2    of the commissioner [commission].
 24-3          SECTION 3.063.  Subsections (a) and (c), Section 407.124,
 24-4    Labor Code, are amended to read as follows:
 24-5          (a)  On determination by the commissioner [commission] that a
 24-6    certified self-insurer has become an impaired employer, the
 24-7    director shall secure release of the security deposit required by
 24-8    this chapter and shall promptly estimate:
 24-9                (1)  the amount of additional funds needed to
24-10    supplement the security deposit;
24-11                (2)  the available assets of the impaired employer for
24-12    the purpose of making payment of all incurred liabilities for
24-13    compensation; and
24-14                (3)  the funds maintained by the association for the
24-15    emergency payment of compensation liabilities.
24-16          (c)  A certified self-insurer designated as an impaired
24-17    employer is exempt from assessments beginning on the date of the
24-18    designation until the commissioner [commission] determines that the
24-19    employer is no longer impaired.
24-20          SECTION 3.064.  Subsection (d), Section 407.126, Labor Code,
24-21    is amended to read as follows:
24-22          (d)  The board of directors shall administer the trust fund
24-23    in accordance with rules adopted by the commissioner [commission].
24-24          SECTION 3.065.  Subsection (a), Section 407.127, Labor Code,
24-25    is amended to read as follows:
24-26          (a)  If the commissioner [commission] determines that the
24-27    payment of benefits and claims administration shall be made through
24-28    the association, the association assumes the workers' compensation
24-29    obligations of the impaired employer and shall begin the payment of
24-30    the obligations for which it is liable not later than the 30th day
24-31    after the date of notification by the director.
24-32          SECTION 3.066.  Subsection (a), Section 407.133, Labor Code,
24-33    is amended to read as follows:
24-34          (a)  The commissioner [commission, after notice and hearing
24-35    and by majority vote,] may suspend or revoke the certificate of
24-36    authority to self-insure of a certified self-insurer who fails to
24-37    pay an assessment.  The association promptly shall report such a
24-38    failure to the director.
24-39          SECTION 3.067.  Subsection (c), Section 408.003, Labor Code,
24-40    is amended to read as follows:
24-41          (c)  The employer shall notify the department [commission]
24-42    and the insurance carrier on forms prescribed by the department
24-43    [commission] of the initiation of and amount of payments made under
24-44    this section.
24-45          SECTION 3.068.  Subsections (a), (b), (d), (e), and (f),
24-46    Section 408.004, Labor Code, are amended to read as follows:
24-47          (a)  The department [commission] may require an employee to
24-48    submit to medical examinations to resolve any question about:
24-49                (1)  the appropriateness of the health care received by
24-50    the employee;
24-51                (2)  the impairment caused by the compensable injury;
24-52                (3)  the attainment of maximum medical improvement; or
24-53                (4)  similar issues.
24-54          (b)  The department [commission] may require an employee to
24-55    submit to a medical examination at the request of the insurance
24-56    carrier, but only after the insurance carrier has attempted and
24-57    failed to receive the permission and concurrence of the employee
24-58    for the examination.  Except as otherwise provided by this
24-59    subsection, the insurance carrier is entitled to the examination
24-60    only once in a 180-day period.  The commissioner [commission] may
24-61    adopt rules that require an employee to submit to not more than
24-62    three medical examinations in a 180-day period under specified
24-63    circumstances, including to determine whether there has been a
24-64    change in the employee's condition, whether it is necessary to
24-65    change the employee's diagnosis, and whether treatment should be
24-66    extended to another body part or system.  The commissioner
24-67    [commission] by rule shall adopt a system for monitoring requests
24-68    made under this subsection by insurance carriers.  That system must
24-69    ensure that good cause exists for any additional medical
 25-1    examination allowed under this subsection that is not requested by
 25-2    the employee.  A subsequent examination must be performed by the
 25-3    same doctor unless otherwise approved by the department
 25-4    [commission].
 25-5          (d)  An injured employee is entitled to have a doctor of the
 25-6    employee's choice present at an examination required by the
 25-7    department [commission] at the request of an insurance carrier.
 25-8    The insurance carrier shall pay a fee set by the department
 25-9    [commission] to the doctor selected by the employee.
25-10          (e)  An employee who, without good cause as determined by the
25-11    department [commission], fails or refuses to appear at the time
25-12    scheduled for an examination under Subsection (a) or (b) commits a
25-13    violation.  A violation under this subsection is a Class D
25-14    administrative violation.  An employee is not entitled to temporary
25-15    income benefits, and an insurance carrier may suspend the payment
25-16    of temporary income benefits, during and for a period in which the
25-17    employee fails to submit to an examination under Subsection (a) or
25-18    (b) unless the department [commission] determines that the employee
25-19    had good cause for the failure to submit to the examination.  The
25-20    department [commission] may order temporary income benefits to be
25-21    paid for the period that the department [commission] determines the
25-22    employee had good cause.  The commissioner [commission] by rule
25-23    shall ensure that an employee receives reasonable notice of an
25-24    examination and of the insurance carrier's basis for suspension of
25-25    payment, and that the employee is provided a reasonable opportunity
25-26    to reschedule an examination missed by the employee for good cause.
25-27          (f)  If the report of a doctor selected by an insurance
25-28    carrier indicates that an employee can return to work immediately
25-29    or has reached maximum medical improvement, the insurance carrier
25-30    may suspend or reduce the payment of temporary income benefits on
25-31    the 14th day after the date on which the insurance carrier files a
25-32    notice of suspension with the department [commission] as provided
25-33    by this subsection.  The department [commission] shall hold an
25-34    expedited benefit review conference, by personal appearance or by
25-35    telephone, not later than the 10th day after the date on which the
25-36    department [commission] receives the insurance carrier's notice of
25-37    suspension.  If a benefit review conference is not held by the 14th
25-38    day after the date on which the department [commission] receives
25-39    the insurance carrier's notice of suspension, an interlocutory
25-40    order, effective from the date of the report certifying maximum
25-41    medical improvement, is automatically entered for the continuation
25-42    of temporary income benefits until a benefit review conference is
25-43    held, and the insurance carrier is eligible for reimbursement for
25-44    any overpayment of benefits as provided by Chapter 410.  The
25-45    department [commission] is not required to automatically schedule a
25-46    contested case hearing as required by Section 410.025(b) if a
25-47    benefit review conference is scheduled under this subsection.  If a
25-48    benefit review conference is held not later than the 14th day, the
25-49    department [commission] may enter an interlocutory order for the
25-50    continuation of benefits, and the insurance carrier is eligible for
25-51    reimbursement for any overpayments of benefits as provided by
25-52    Chapter 410.  The commissioner [commission] shall adopt rules as
25-53    necessary to implement this subsection under which:
25-54                (1)  an insurance carrier is required to notify the
25-55    employee and the treating doctor of the suspension of benefits
25-56    under this subsection by certified mail or another verifiable
25-57    delivery method;
25-58                (2)  the department [commission] makes a reasonable
25-59    attempt to obtain the treating doctor's opinion before the
25-60    department [commission] makes a determination regarding the entry
25-61    of an interlocutory order; and
25-62                (3)  the department [commission] may allow abbreviated
25-63    contested case hearings by personal appearance or telephone to
25-64    consider issues relating to overpayment of benefits under this
25-65    section.
25-66          SECTION 3.069.  Subsection (e), Section 408.005, Labor Code,
25-67    is amended to read as follows:
25-68          (e)  The director of the division of hearings shall approve a
25-69    settlement if the director is satisfied that:
 26-1                (1)  the settlement accurately reflects the agreement
 26-2    between the parties;
 26-3                (2)  the settlement reflects adherence to all
 26-4    appropriate provisions of law and the policies of the department
 26-5    [commission]; and
 26-6                (3)  under the law and facts, the settlement is in the
 26-7    best interest of the claimant.
 26-8          SECTION 3.070.  Subsections (a), (b), and (c), Section
 26-9    408.022, Labor Code, are amended to read as follows:
26-10          (a)  Except in an emergency, the department [commission]
26-11    shall require an employee to receive medical treatment from a
26-12    doctor chosen from a list of doctors approved by the department
26-13    [commission].  A doctor may perform only those procedures that are
26-14    within the scope of the practice for which the doctor is licensed.
26-15    The employee is entitled to the employee's initial choice of a
26-16    doctor from the department's [commission's] list.
26-17          (b)  If an employee is dissatisfied with the initial choice
26-18    of a doctor from the department's [commission's] list, the employee
26-19    may notify the department [commission] and request authority to
26-20    select an alternate doctor.  The notification must be in writing
26-21    stating the reasons for the change, except notification may be by
26-22    telephone when a medical necessity exists for immediate change.
26-23          (c)  The commissioner [commission] shall prescribe criteria
26-24    to be used by the department [commission] in granting the employee
26-25    authority to select an alternate doctor.  The criteria may include:
26-26                (1)  whether treatment by the current doctor is
26-27    medically inappropriate;
26-28                (2)  the professional reputation of the doctor;
26-29                (3)  whether the employee is receiving appropriate
26-30    medical care to reach maximum medical improvement; and
26-31                (4)  whether a conflict exists between the employee and
26-32    the doctor to the extent that the doctor-patient relationship is
26-33    jeopardized or impaired.
26-34          SECTION 3.071.  Section 408.023, Labor Code, is amended to
26-35    read as follows:
26-36          Sec. 408.023.  LIST OF APPROVED DOCTORS.  (a)  Each doctor
26-37    licensed in this state on January 1, 1993, is on the department's
26-38    [commission's] list of approved doctors unless subsequently deleted
26-39    and not reinstated.  The name of a doctor shall be placed on the
26-40    list of approved doctors when that doctor becomes licensed in this
26-41    state.  A doctor not licensed in this state but licensed in another
26-42    state or jurisdiction who treats employees may apply to the
26-43    department [commission] to be included on the list.
26-44          (b)  The commissioner [commission] shall establish criteria
26-45    for deleting a doctor from the list of approved doctors.  The
26-46    criteria may include anything the commissioner [commission]
26-47    considers relevant, including:
26-48                (1)  sanctions of the doctor by the department
26-49    [commission] for violations of Chapter 413 or Chapter 415;
26-50                (2)  sanctions by the Medicare or Medicaid program for:
26-51                      (A)  substandard medical care;
26-52                      (B)  overcharging; or
26-53                      (C)  overutilization of medical services;
26-54                (3)  evidence from the department's [commission's]
26-55    medical records that the doctor's charges, fees, diagnoses, or
26-56    treatments are substantially different from those the department
26-57    [commission] finds to be fair and reasonable; and
26-58                (4)  suspension of the doctor's license by the
26-59    appropriate licensing authority.
26-60          (c)  The department [commission] shall establish procedures
26-61    for a doctor to apply for reinstatement to the list.
26-62          SECTION 3.072.  Section 408.024, Labor Code, is amended to
26-63    read as follows:
26-64          Sec. 408.024.  NONCOMPLIANCE WITH SELECTION REQUIREMENTS.
26-65    Except as otherwise provided, and after notice and an opportunity
26-66    for hearing, the department [commission] may relieve an insurance
26-67    carrier of liability for health care that is furnished by a health
26-68    care provider or another person selected in a manner inconsistent
26-69    with the requirements of this subchapter.
 27-1          SECTION 3.073.  Subsections (a), (b), and (d), Section
 27-2    408.025, Labor Code, are amended to read as follows:
 27-3          (a)  The commissioner [commission] by rule shall adopt
 27-4    requirements for reports and records that are required to be filed
 27-5    with the department [commission] or provided to the injured
 27-6    employee, the employee's attorney, or the insurance carrier by a
 27-7    health care provider.
 27-8          (b)  The commissioner [commission] by rule shall adopt
 27-9    requirements for reports and records that are to be made available
27-10    by a health care provider to another health care provider to
27-11    prevent unnecessary duplication of tests and examinations.
27-12          (d)  On the request of an injured employee, the employee's
27-13    attorney, or the insurance carrier, a health care provider shall
27-14    furnish records relating to treatment or hospitalization for which
27-15    compensation is being sought.  The department [commission] may
27-16    regulate the charge for furnishing a report or record, but the
27-17    charge may not be less than the fair and reasonable charge for
27-18    furnishing the report or record.  A health care provider may
27-19    disclose to the insurance carrier of an affected employer records
27-20    relating to the diagnosis or treatment of the injured employee
27-21    without the authorization of the injured employee to determine the
27-22    amount of payment or the entitlement to payment.
27-23          SECTION 3.074.  Section 408.026, Labor Code, is amended to
27-24    read as follows:
27-25          Sec. 408.026.  SPINAL SURGERY SECOND OPINION.  (a)  Except in
27-26    a medical emergency, an insurance carrier is liable for medical
27-27    costs related to spinal surgery only if:
27-28                (1)  before surgery, the employee obtains from a doctor
27-29    approved by the insurance carrier or the department [commission] a
27-30    second opinion that concurs with the treating doctor's
27-31    recommendation;
27-32                (2)  the insurance carrier waives the right to an
27-33    examination or fails to request an examination before the 15th day
27-34    after the date of the notification that surgery is recommended; or
27-35                (3)  the department [commission] determines that
27-36    extenuating circumstances exist and orders payment for surgery.
27-37          (b)  The commissioner [commission] shall adopt rules
27-38    necessary to ensure that an examination required under this section
27-39    is performed without undue delay.
27-40          SECTION 3.075.  Subsection (d), Section 408.027, Labor Code,
27-41    is amended to read as follows:
27-42          (d)  If an insurance carrier disputes the amount of payment
27-43    or the health care provider's entitlement to payment, the insurance
27-44    carrier shall send to the department [commission], the health care
27-45    provider, and the injured employee a report that sufficiently
27-46    explains the reasons for the reduction or denial of payment for
27-47    health care services provided to the employee.  The insurance
27-48    carrier is entitled to a hearing as provided by Section 413.031(d).
27-49          SECTION 3.076.  Subsection (c), Section 408.041, Labor Code,
27-50    is amended to read as follows:
27-51          (c)  If Subsection (a) or (b) cannot reasonably be applied
27-52    because the employee's employment has been irregular or because the
27-53    employee has lost time from work during the 13-week period
27-54    immediately preceding the injury because of illness, weather, or
27-55    another cause beyond the control of the employee, the department
27-56    [commission] may determine the employee's average weekly wage by
27-57    any method that the department [commission] considers fair, just,
27-58    and reasonable to all parties and consistent with the methods
27-59    established under this section.
27-60          SECTION 3.077.  Subsection(c), Section 408.043, Labor Code,
27-61    is amended to read as follows:
27-62          (c)  If, for good reason, the department [commission]
27-63    determines that computing the average weekly wage for a seasonal
27-64    employee as provided by this section is impractical, the department
27-65    [commission] shall compute the average weekly wage as of the time
27-66    of the injury in a manner that is fair and just to both parties.
27-67          SECTION 3.078.  Section 408.045, Labor Code, is amended to
27-68    read as follows:
27-69          Sec. 408.045.  NONPECUNIARY WAGES.  The department
 28-1    [commission] may not include nonpecuniary wages in computing an
 28-2    employee's average weekly wage during a period in which the
 28-3    employer continues to provide the nonpecuniary wages.
 28-4          SECTION 3.079.  Subsection (f), Section 408.061, Labor Code,
 28-5    is amended to read as follows:
 28-6          (f)  The department [commission] shall compute the maximum
 28-7    weekly income benefits for each state fiscal year not later than
 28-8    September 1 of each year.
 28-9          SECTION 3.080.  Subsection (b), Section 408.062, Labor Code,
28-10    is amended to read as follows:
28-11          (b)  The department [commission] shall compute the minimum
28-12    weekly income benefit for each state fiscal year not later than
28-13    September 1 of each year.
28-14          SECTION 3.081.  Subsection (a), Section 408.063, Labor Code,
28-15    is amended to read as follows:
28-16          (a)  To expedite the payment of income benefits, the
28-17    commissioner [commission] may by rule establish reasonable
28-18    presumptions relating to the wages earned by an employee, including
28-19    the presumption that an employee's last paycheck accurately
28-20    reflects the employee's usual wage.
28-21          SECTION 3.082.  Subsections (b) and (c), Section 408.081,
28-22    Labor Code, are amended to read as follows:
28-23          (b)  Except as otherwise provided by this section or this
28-24    subtitle, income benefits shall be paid weekly as and when they
28-25    accrue without order from the department [commission].  Interest on
28-26    accrued but unpaid benefits shall be paid, without order of the
28-27    department [commission], at the time the accrued benefits are paid.
28-28          (c)  The commissioner [commission] by rule shall establish
28-29    requirements for agreements under which income benefits may be paid
28-30    monthly.  Income benefits may be paid monthly only:
28-31                (1)  on the request of the employee and the agreement
28-32    of the employee and the insurance carrier; and
28-33                (2)  in compliance with the requirements adopted by the
28-34    commissioner [commission].
28-35          SECTION 3.083.  Subsections (a) and (b), Section 408.084,
28-36    Labor Code, are amended to read as follows:
28-37          (a)  At the request of the insurance carrier, the department
28-38    [commission] may order that impairment income benefits and
28-39    supplemental income benefits be reduced in a proportion equal to
28-40    the proportion of a documented impairment that resulted from
28-41    earlier compensable injuries.
28-42          (b)  The department [commission] shall consider the
28-43    cumulative impact of the compensable injuries on the employee's
28-44    overall impairment in determining a reduction under this section.
28-45          SECTION 3.084.  Section 408.085, Labor Code, is amended to
28-46    read as follows:
28-47          Sec. 408.085.  ADVANCE OF BENEFITS FOR HARDSHIP.  (a)  If
28-48    there is a likelihood that income benefits will be paid, the
28-49    department [commission] may grant an employee suffering financial
28-50    hardship advances as provided by this subtitle against the amount
28-51    of income benefits to which the employee may be entitled.  An
28-52    advance may be ordered before or after the employee attains maximum
28-53    medical improvement.  An insurance carrier shall pay the advance
28-54    ordered.
28-55          (b)  An employee must apply to the department [commission]
28-56    for an advance on a form prescribed by the department [commission].
28-57    The application must describe the hardship that is the grounds for
28-58    the advance.
28-59          (c)  An advance under this section may not exceed an amount
28-60    equal to four times the maximum weekly benefit for temporary income
28-61    benefits as computed in Section 408.061.  The department
28-62    [commission] may not grant more than three advances to a particular
28-63    employee based on the same injury.
28-64          (d)  The department [commission] may not grant an advance to
28-65    an employee who is receiving, on the date of the application under
28-66    Subsection (b), at least 90 percent of the employee's net preinjury
28-67    wages under Section 408.003 or 408.129.
28-68          SECTION 3.085.  Section 408.086, Labor Code, is amended to
28-69    read as follows:
 29-1          Sec. 408.086.  DEPARTMENT [COMMISSION] DETERMINATION OF
 29-2    EXTENDED UNEMPLOYMENT OR UNDEREMPLOYMENT.  (a)  During the period
 29-3    that impairment income benefits or supplemental income benefits are
 29-4    being paid to an employee, the department [commission] shall
 29-5    determine at least annually whether any extended unemployment or
 29-6    underemployment is a direct result of the employee's impairment.
 29-7          (b)  To make this determination, the department [commission]
 29-8    may require periodic reports from the employee and the insurance
 29-9    carrier and, at the insurance carrier's expense, may require
29-10    physical or other examinations, vocational assessments, or other
29-11    tests or diagnoses necessary to perform its duty under this section
29-12    and Subchapter H.
29-13          SECTION 3.086.  Subsection (b), Section 408.102, Labor Code,
29-14    is amended to read as follows:
29-15          (b)  The commissioner [commission] by rule shall establish a
29-16    presumption that maximum medical improvement has been reached based
29-17    on a lack of medical improvement in the employee's condition.
29-18          SECTION 3.087.  Subsection (b), Section 408.103, Labor Code,
29-19    is amended to read as follows:
29-20          (b)  A temporary income benefit under Subsection (a)(2) may
29-21    not exceed the employee's actual earnings for the previous year.
29-22    It is presumed that the employee's actual earnings for the previous
29-23    year are equal to:
29-24                (1)  the sum of the employee's wages as reported in the
29-25    most recent four quarterly wage reports to the Texas Workforce
29-26    [Employment] Commission divided by 52;
29-27                (2)  the employee's wages in the single quarter of the
29-28    most recent four quarters in which the employee's earnings were
29-29    highest, divided by 13, if the department [commission] finds that
29-30    the employee's most recent four quarters' earnings reported in the
29-31    Texas Workforce [Employment] Commission wage reports are not
29-32    representative of the employee's usual earnings; or
29-33                (3)  the amount the department [commission] determines
29-34    from other credible evidence to be the actual earnings for the
29-35    previous year if the Texas Workforce [Employment] Commission does
29-36    not have a wage report reflecting at least one quarter's earnings
29-37    because the employee worked outside the state during the previous
29-38    year.
29-39          SECTION 3.088.  Subsections (a) and (c), Section 408.104,
29-40    Labor Code, are amended to read as follows:
29-41          (a)  On application by either the employee or the insurance
29-42    carrier, the department [commission] by order may extend the
29-43    104-week period described by Section 401.011(30)(B) if the employee
29-44    has had spinal surgery, or has been approved for spinal surgery
29-45    under Section 408.026 and commissioner [commission] rules, within
29-46    12 weeks before the expiration of the 104-week period.  If an order
29-47    is issued under this section, the order shall extend the statutory
29-48    period for maximum medical improvement to a date certain, based on
29-49    medical evidence presented to the department [commission].
29-50          (c)  The commissioner [commission] shall adopt rules to
29-51    implement this section, including rules establishing procedures for
29-52    requesting and disputing an extension.
29-53          SECTION 3.089.  Subsections (b) and (c), Section 408.122,
29-54    Labor Code, are amended to read as follows:
29-55          (b)  To be eligible to serve as a designated doctor, a doctor
29-56    must meet specific qualifications, including training in the
29-57    determination of impairment ratings.  The department [executive
29-58    director] shall develop qualification standards and administrative
29-59    policies to implement this subsection, and the commissioner
29-60    [commission] may adopt rules as necessary.  To the extent possible,
29-61    a designated doctor must be in the same discipline and licensed by
29-62    the same board of examiners as the employee's doctor of choice.
29-63          (c)  If a dispute exists as to whether the employee has
29-64    reached maximum medical improvement, the department [commission]
29-65    shall direct the employee to be examined by a designated doctor
29-66    chosen by mutual agreement of the parties.  If the parties are
29-67    unable to agree on a designated doctor, the department [commission]
29-68    shall direct the employee to be examined by a designated doctor
29-69    chosen by the department [commission].  The designated doctor shall
 30-1    report to the department [commission].  The report of the
 30-2    designated doctor has presumptive weight, and the department
 30-3    [commission] shall base its determination of whether the employee
 30-4    has reached maximum medical improvement on the report unless the
 30-5    great weight of the other medical evidence is to the contrary.
 30-6          SECTION 3.090.  Subsections (b) and (c), Section 408.123,
 30-7    Labor Code, are amended to read as follows:
 30-8          (b)  A certifying doctor shall issue a written report
 30-9    certifying that maximum medical improvement has been reached,
30-10    stating the employee's impairment rating, and providing any other
30-11    information required by the department [commission] to:
30-12                (1)  the department [commission];
30-13                (2)  the employee; and
30-14                (3)  the insurance carrier.
30-15          (c)  If an employee is not certified as having reached
30-16    maximum medical improvement before the expiration of 102 weeks
30-17    after the date income benefits begin to accrue, the department
30-18    [commission] shall notify the treating doctor of the requirements
30-19    of this subchapter.
30-20          SECTION 3.091.  Section 408.124, Labor Code, is amended to
30-21    read as follows:
30-22          Sec. 408.124.  IMPAIRMENT RATING GUIDELINES.  (a)  An award
30-23    of an impairment income benefit, whether by the department
30-24    [commission] or a court, shall be made on an impairment rating
30-25    determined using the impairment rating guidelines described in this
30-26    section.
30-27          (b)  For determining the existence and degree of an
30-28    employee's impairment, the department [commission] shall use
30-29    "Guides to the Evaluation of Permanent Impairment," third edition,
30-30    second printing, dated February 1989, published by the American
30-31    Medical Association.
30-32          (c)  Notwithstanding Subsection (b), the commissioner
30-33    [commission] by rule may adopt the fourth edition of the "Guides to
30-34    the Evaluation of Permanent Impairment," published by the American
30-35    Medical Association, for determining the existence and degree of an
30-36    employee's impairment.
30-37          SECTION 3.092.  Subsections (a), (b), (c), (d), (e), and (f),
30-38    Section 408.125, Labor Code, are amended to read as follows:
30-39          (a)  If an impairment rating is disputed, the department
30-40    [commission] shall direct the employee to be examined by a
30-41    designated doctor chosen by mutual agreement of the parties.
30-42          (b)  If the parties are unable to agree on a designated
30-43    doctor, the department [commission] shall direct the employee to be
30-44    examined by a designated doctor chosen by the department
30-45    [commission].
30-46          (c)  The designated doctor shall report in writing to the
30-47    department [commission].
30-48          (d)  If the designated doctor is chosen by the parties, the
30-49    department [commission] shall adopt the impairment rating made by
30-50    the designated doctor.
30-51          (e)  If the designated doctor is chosen by the department
30-52    [commission], the report of the designated doctor shall have
30-53    presumptive weight, and the department [commission] shall base the
30-54    impairment rating on that report unless the great weight of the
30-55    other medical evidence is to the contrary.  If the great weight of
30-56    the medical evidence contradicts the impairment rating contained in
30-57    the report of the designated doctor chosen by the department
30-58    [commission], the department [commission] shall adopt the
30-59    impairment rating of one of the other doctors.
30-60          (f)  To avoid undue influence on a person selected as a
30-61    designated doctor under this section, only the injured employee or
30-62    an appropriate member of the staff of the department [commission]
30-63    may communicate with the designated doctor about the case regarding
30-64    the injured employee's medical condition or history before the
30-65    examination of the injured employee by the designated doctor.
30-66    After that examination is completed, communication with the
30-67    designated doctor regarding the injured employee's medical
30-68    condition or history may be made only through appropriate
30-69    department [commission] staff members.  The designated doctor may
 31-1    initiate communication with any doctor who has previously treated
 31-2    or examined the injured employee for the work-related injury.
 31-3          SECTION 3.093.  Subsection (c), Section 408.127, Labor Code,
 31-4    is amended to read as follows:
 31-5          (c)  The commissioner [commission] shall adopt rules and
 31-6    forms to ensure the full reporting and the accuracy of reductions
 31-7    and reimbursements made under this section.
 31-8          SECTION 3.094.  Subsections (a), (b), and (d), Section
 31-9    408.129, Labor Code, are amended to read as follows:
31-10          (a)  On approval by the department [commission] of a written
31-11    request received from an employee, an insurance carrier shall
31-12    accelerate the payment of impairment income benefits to the
31-13    employee.  The accelerated payment may not exceed a rate of payment
31-14    equal to that of the employee's net preinjury wage.
31-15          (b)  The department [commission] shall approve the request
31-16    and order the acceleration of the benefits if the department
31-17    [commission] determines that the acceleration is:
31-18                (1)  required to relieve hardship; and
31-19                (2)  in the overall best interest of the employee.
31-20          (d)  The department [commission] may prescribe forms
31-21    necessary to implement this section.
31-22          SECTION 3.095.  Section 408.141, Labor Code, is amended to
31-23    read as follows:
31-24          Sec. 408.141.  AWARD OF SUPPLEMENTAL INCOME BENEFITS.  An
31-25    award of a supplemental income benefit, whether by the department
31-26    [commission] or a court, shall be made in accordance with this
31-27    subchapter.
31-28          SECTION 3.096.  Subsections (a) and (b), Section 408.143,
31-29    Labor Code, are amended to read as follows:
31-30          (a)  After the department's [commission's] initial
31-31    determination of supplemental income benefits, the employee must
31-32    file a statement with the insurance carrier stating:
31-33                (1)  that the employee has earned less than 80 percent
31-34    of the employee's average weekly wage as a direct result of the
31-35    employee's impairment;
31-36                (2)  the amount of wages the employee earned in the
31-37    filing period provided by Subsection (b); and
31-38                (3)  that the employee has in good faith sought
31-39    employment commensurate with the employee's ability to work.
31-40          (b)  The statement required under this section must be filed
31-41    quarterly on a form and in the manner provided by the department
31-42    [commission].  The department [commission] may modify the filing
31-43    period as appropriate to an individual case.
31-44          SECTION 3.097.  Subsection (c), Section 408.147, Labor Code,
31-45    is amended to read as follows:
31-46          (c)  If an insurance carrier disputes the department's [a
31-47    commission] determination that an employee is entitled to
31-48    supplemental income benefits or the amount of supplemental income
31-49    benefits due and the employee prevails on any disputed issue, the
31-50    insurance carrier is liable for reasonable and necessary attorney's
31-51    fees incurred by the employee as a result of the insurance
31-52    carrier's dispute and for supplemental income benefits accrued but
31-53    not paid and interest on that amount, according to Section 408.064.
31-54    Attorney's fees awarded under this subsection are not subject to
31-55    Sections 408.221(b), (e), and (h).
31-56          SECTION 3.098.  Section 408.148, Labor Code, is amended to
31-57    read as follows:
31-58          Sec. 408.148.  EMPLOYEE DISCHARGE AFTER TERMINATION.  The
31-59    department [commission] may reinstate supplemental income benefits
31-60    to an employee who is discharged within 12 months of the date of
31-61    losing entitlement to supplemental income benefits under Section
31-62    408.146(c) if the department [commission] finds that the employee
31-63    was discharged at that time with the intent to deprive the employee
31-64    of supplemental income benefits.
31-65          SECTION 3.099.  Section 408.149, Labor Code, is amended to
31-66    read as follows:
31-67          Sec. 408.149.  STATUS REVIEW; BENEFIT REVIEW CONFERENCE.
31-68    (a)  Not more than once in each period of 12 calendar months, an
31-69    employee and an insurance carrier each may request the department
 32-1    [commission] to review the status of the employee and determine
 32-2    whether the employee's unemployment or underemployment is a direct
 32-3    result of impairment from the compensable injury.
 32-4          (b)  Either party may request a benefit review conference to
 32-5    contest a determination of the department [commission] at any time,
 32-6    subject only to the limits placed on the insurance carrier by
 32-7    Section 408.147.
 32-8          SECTION 3.100.  Subsection (a), Section 408.150, Labor Code,
 32-9    is amended to read as follows:
32-10          (a)  The department [commission] shall refer an employee to
32-11    the Texas Rehabilitation Commission with a recommendation for
32-12    appropriate services if the department [commission] determines that
32-13    an employee entitled to supplemental income benefits could be
32-14    materially assisted by vocational rehabilitation or training in
32-15    returning to employment or returning to employment more nearly
32-16    approximating the employee's preinjury employment.  The department
32-17    [commission] shall also notify insurance carriers of the need for
32-18    vocational rehabilitation or training services.  The insurance
32-19    carrier may provide services through a private provider of
32-20    vocational rehabilitation services under Section 409.012.
32-21          SECTION 3.101.  Subsections (b) and (c), Section 408.151,
32-22    Labor Code, are amended to read as follows:
32-23          (b)  If a dispute exists as to whether the employee's medical
32-24    condition has improved sufficiently to allow the employee to return
32-25    to work, the department [commission] shall direct the employee to
32-26    be examined by a designated doctor chosen by the department
32-27    [commission].  The designated doctor shall report to the department
32-28    [commission].  The report of the designated doctor has presumptive
32-29    weight, and the commission shall base its determination of whether
32-30    the employee's medical condition has improved sufficiently to allow
32-31    the employee to return to work on that report unless the great
32-32    weight of the other medical evidence is to the contrary.
32-33          (c)  The department [commission] may require an employee to
32-34    whom Subsection (a) applies to submit to a medical examination
32-35    under Section 408.004 only to determine whether the employee's
32-36    medical condition is a direct result of impairment from a
32-37    compensable injury.
32-38          SECTION 3.102.  Subsection (d), Section 408.161, Labor Code,
32-39    is amended to read as follows:
32-40          (d)  An insurance carrier may pay lifetime income benefits
32-41    through an annuity if the annuity agreement meets the terms and
32-42    conditions for annuity agreements adopted by the commissioner
32-43    [commission] by rule.  The establishment of an annuity under this
32-44    subsection does not relieve the insurance carrier of the liability
32-45    under this title for ensuring that the lifetime income benefits are
32-46    paid.
32-47          SECTION 3.103.  Subsections (c) and (d), Section 408.181,
32-48    Labor Code, are amended to read as follows:
32-49          (c)  The commissioner [commission] by rule shall establish
32-50    requirements for agreements under which death benefits may be paid
32-51    monthly.  Death benefits may be paid monthly only:
32-52                (1)  on the request of the legal beneficiary and the
32-53    agreement of the legal beneficiary and the insurance carrier; and
32-54                (2)  in compliance with the requirements adopted by the
32-55    commissioner [commission].
32-56          (d)  An insurance carrier may pay death benefits through an
32-57    annuity if the annuity agreement meets the terms and conditions for
32-58    annuity agreements adopted by the commissioner [commission] by
32-59    rule.  The establishment of an annuity under this subsection does
32-60    not relieve the insurance carrier of the liability under this title
32-61    for ensuring that the death benefits are paid.
32-62          SECTION 3.104.  Subsection (f), Section 408.182, Labor Code,
32-63    is amended to read as follows:
32-64          (f)  In this section:
32-65                (1)  "Eligible child" means a child of a deceased
32-66    employee if the child is:
32-67                      (A)  a minor;
32-68                      (B)  enrolled as a full-time student in an
32-69    accredited educational institution and is less than 25 years of
 33-1    age; or
 33-2                      (C)  a dependent of the deceased employee at the
 33-3    time of the employee's death.
 33-4                (2)  "Eligible grandchild" means a grandchild of a
 33-5    deceased employee who is a dependent of the deceased employee and
 33-6    whose parent is not an eligible child.
 33-7                (3)  "Eligible spouse" means the surviving spouse of a
 33-8    deceased employee unless the spouse abandoned the employee for
 33-9    longer than the year immediately preceding the death without good
33-10    cause, as determined by the department [commission].
33-11          SECTION 3.105.  Subsection (b), Section 408.183, Labor Code,
33-12    is amended to read as follows:
33-13          (b)  An eligible spouse is entitled to receive death benefits
33-14    for life or until remarriage.  On remarriage, the eligible spouse
33-15    is entitled to receive 104 weeks of death benefits, commuted as
33-16    provided by commissioner [commission] rule.
33-17          SECTION 3.106.  Subsection (c), Section 408.187, Labor Code,
33-18    is amended to read as follows:
33-19          (c)  The department [commission] shall require the insurance
33-20    carrier to pay the costs of a procedure ordered under this section.
33-21          SECTION 3.107.  Section 408.202, Labor Code, is amended to
33-22    read as follows:
33-23          Sec. 408.202.  ASSIGNABILITY OF BENEFITS.  Benefits are not
33-24    assignable, except a legal beneficiary may, with the department's
33-25    [commission] approval, assign the right to death benefits.
33-26          SECTION 3.108.  Subsections (a) through (f), Section 408.221,
33-27    Labor Code, are amended to read as follows:
33-28          (a)  An attorney's fee, including a contingency fee, for
33-29    representing a claimant before the department [commission] or court
33-30    under this subtitle must be approved by the department [commission]
33-31    or court.
33-32          (b)  Except as otherwise provided, an attorney's fee under
33-33    this section is based on the attorney's time and expenses according
33-34    to written evidence presented to the department [commission] or
33-35    court.  Except as provided by Section 408.147(c), the attorney's
33-36    fee shall be paid from the claimant's recovery.
33-37          (c)  In approving an attorney's fee under this section, the
33-38    department [commission] or court shall consider:
33-39                (1)  the time and labor required;
33-40                (2)  the novelty and difficulty of the questions
33-41    involved;
33-42                (3)  the skill required to perform the legal services
33-43    properly;
33-44                (4)  the fee customarily charged in the locality for
33-45    similar legal services;
33-46                (5)  the amount involved in the controversy;
33-47                (6)  the benefits to the claimant that the attorney is
33-48    responsible for securing; and
33-49                (7)  the experience and ability of the attorney
33-50    performing the services.
33-51          (d)  The commissioner [commission] by rule or the court may
33-52    provide for the commutation of an attorney's fee, except that the
33-53    attorney's fee shall be paid in periodic payments in a claim
33-54    involving death benefits if the only dispute is as to the proper
33-55    beneficiary or beneficiaries.
33-56          (e)  The commissioner [commission] by rule shall provide
33-57    guidelines for maximum attorney's fees for specific services in
33-58    accordance with this section.
33-59          (f)  An attorney's fee may not be allowed in a case involving
33-60    a fatal injury or lifetime income benefit if the insurance carrier
33-61    admits liability on all issues and tenders payment of maximum
33-62    benefits in writing under this subtitle while the claim is pending
33-63    before the department [commission].
33-64          SECTION 3.109.  Section 408.222, Labor Code, is amended to
33-65    read as follows:
33-66          Sec. 408.222.  ATTORNEY'S FEES PAID TO DEFENSE COUNSEL.
33-67    (a)  The amount of an attorney's fee for defending an insurance
33-68    carrier in a workers' compensation action brought under this
33-69    subtitle must be approved by the department [commission] or court
 34-1    and determined by the department [commission] or court to be
 34-2    reasonable and necessary.
 34-3          (b)  In determining whether a fee is reasonable under this
 34-4    section, the department [commission] or court shall consider issues
 34-5    analogous to those listed under Section 408.221(c).  The defense
 34-6    counsel shall present written evidence to the department
 34-7    [commission] or court relating to:
 34-8                (1)  the time spent and expenses incurred in defending
 34-9    the case; and
34-10                (2)  other evidence considered necessary by the
34-11    department [commission] or court in making a determination under
34-12    this section.
34-13          SECTION 3.110.  Section 409.002, Labor Code, is amended to
34-14    read as follows:
34-15          Sec. 409.002.  FAILURE TO FILE NOTICE OF INJURY.  Failure to
34-16    notify an employer as required by Section 409.001(a) relieves the
34-17    employer and the employer's insurance carrier of liability under
34-18    this subtitle unless:
34-19                (1)  the employer, a person eligible to receive notice
34-20    under Section 409.001(b), or the employer's insurance carrier has
34-21    actual knowledge of the employee's injury;
34-22                (2)  the department [commission] determines that good
34-23    cause exists for failure to provide notice in a timely manner; or
34-24                (3)  the employer or the employer's insurance carrier
34-25    does not contest the claim.
34-26          SECTION 3.111.  Section 409.003, Labor Code, is amended to
34-27    read as follows:
34-28          Sec. 409.003.  CLAIM FOR COMPENSATION.  An employee or a
34-29    person acting on the employee's behalf shall file with the
34-30    department [commission] a claim for compensation for an injury not
34-31    later than one year after the date on which:
34-32                (1)  the injury occurred; or
34-33                (2)  if the injury is an occupational disease, the
34-34    employee knew or should have known that the disease was related to
34-35    the employee's employment.
34-36          SECTION 3.112.  Section 409.004, Labor Code, is amended to
34-37    read as follows:
34-38          Sec. 409.004.  FAILURE TO FILE CLAIM FOR COMPENSATION.
34-39    Failure to file a claim for compensation with the department
34-40    [commission] as required under Section 409.003 relieves the
34-41    employer and the employer's insurance carrier of liability under
34-42    this subtitle unless:
34-43                (1)  good cause exists for failure to file a claim in a
34-44    timely manner; or
34-45                (2)  the employer or the employer's insurance carrier
34-46    does not contest the claim.
34-47          SECTION 3.113.  Subsections (d), (e), (f), (h), and (i),
34-48    Section 409.005, Labor Code, are amended to read as follows:
34-49          (d)  The insurance carrier shall file the report of the
34-50    injury on behalf of the policyholder.  Except as provided by
34-51    Subsection (e), the insurance carrier must electronically file the
34-52    report with the department [commission] not later than the seventh
34-53    day after the date on which the carrier receives the report from
34-54    the employer.
34-55          (e)  The commissioner [executive director] may waive the
34-56    electronic filing requirement under Subsection (d) and allow an
34-57    insurance carrier to mail or deliver the report to the department
34-58    [commission] not later than the seventh day after the date on which
34-59    the carrier receives the report from the employer.
34-60          (f)  A report required under this section may not be
34-61    considered to be an admission by or evidence against an employer or
34-62    an insurance carrier in a proceeding before the department
34-63    [commission] or a court in which the facts set out in the report
34-64    are contradicted by the employer or insurance carrier.
34-65          (h)  The commissioner [commission] may adopt rules relating
34-66    to:
34-67                (1)  the information that must be contained in a report
34-68    required under this section, including the summary of rights and
34-69    responsibilities required under Subsection (g); and
 35-1                (2)  the development and implementation of an
 35-2    electronic filing system for injury reports under this section.
 35-3          (i)  An employer and insurance carrier shall file subsequent
 35-4    reports as required by commissioner [commission] rule.
 35-5          SECTION 3.114.  Subsections (b) and (c), Section 409.006,
 35-6    Labor Code, are amended to read as follows:
 35-7          (b)  The record shall be available to the department
 35-8    [commission] at reasonable times and under conditions prescribed by
 35-9    the department [commission].
35-10          (c)  The commissioner [commission] may adopt rules relating
35-11    to the information that must be contained in an employer record
35-12    under this section.
35-13          SECTION 3.115.  Subsection (a), Section 409.007, Labor Code,
35-14    is amended to read as follows:
35-15          (a)  A person must file a claim for death benefits with the
35-16    department [commission] not later than the first anniversary of the
35-17    date of the employee's death.
35-18          SECTION 3.116.  Section 409.009, Labor Code, is amended to
35-19    read as follows:
35-20          Sec. 409.009.  SUBCLAIMS.  A person may file a written claim
35-21    with the department [commission] as a subclaimant if the person
35-22    has:
35-23                (1)  provided compensation, including health care
35-24    provided by a health care insurer, directly or indirectly, to or
35-25    for an employee or legal beneficiary; and
35-26                (2)  sought and been refused reimbursement from the
35-27    insurance carrier.
35-28          SECTION 3.117.  Section 409.010, Labor Code, is amended to
35-29    read as follows:
35-30          Sec. 409.010.  INFORMATION PROVIDED TO EMPLOYEE OR LEGAL
35-31    BENEFICIARY.  Immediately on receiving notice of an injury or death
35-32    from any person, the department [commission] shall mail to the
35-33    employee or legal beneficiary a clear and concise description of:
35-34                (1)  the services provided by the department
35-35    [commission], including the services of the ombudsman program;
35-36                (2)  the department's [commission's] procedures; and
35-37                (3)  the person's rights and responsibilities under
35-38    this subtitle.
35-39          SECTION 3.118.  Subsections (a) and (c), Section 409.011,
35-40    Labor Code, are amended to read as follows:
35-41          (a)  Immediately on receiving notice of an injury or death
35-42    from any person, the department [commission] shall mail to the
35-43    employer a description of:
35-44                (1)  the services provided by the department
35-45    [commission];
35-46                (2)  the department's [commission's] procedures; and
35-47                (3)  the employer's rights and responsibilities under
35-48    this subtitle.
35-49          (c)  The department [commission] is not required to provide
35-50    the information to an employer more than once during a calendar
35-51    year.
35-52          SECTION 3.119.  Section 409.012, Labor Code, is amended to
35-53    read as follows:
35-54          Sec. 409.012.  VOCATIONAL REHABILITATION INFORMATION.
35-55    (a)  The department [commission] shall analyze each report of
35-56    injury received from an employer under this chapter to determine
35-57    whether the injured employee would be assisted by vocational
35-58    rehabilitation.
35-59          (b)  If the department [commission] determines that an
35-60    injured employee would be assisted by vocational rehabilitation,
35-61    the department [commission] shall notify the injured employee in
35-62    writing of the services and facilities available through the Texas
35-63    Rehabilitation Commission and private providers of vocational
35-64    rehabilitation.  The department [commission] shall notify the Texas
35-65    Rehabilitation Commission and the affected insurance carrier that
35-66    the injured employee has been identified as one who could be
35-67    assisted by vocational rehabilitation.
35-68          (c)  The department [commission] shall cooperate with the
35-69    Texas Rehabilitation Commission and private providers of vocational
 36-1    rehabilitation in the provision of services and facilities to
 36-2    employees by the Texas Rehabilitation Commission.
 36-3          (d)  A private provider of vocational rehabilitation services
 36-4    may register with the department [commission].
 36-5          (e)  The commissioner [commission] by rule may require that a
 36-6    private provider of vocational rehabilitation services maintain
 36-7    certain credentials and qualifications in order to provide services
 36-8    in connection with a workers' compensation insurance claim.
 36-9          SECTION 3.120.  Section 409.013, Labor Code, is amended to
36-10    read as follows:
36-11          Sec. 409.013.  PLAIN LANGUAGE INFORMATION; NOTIFICATION OF
36-12    INJURED WORKER.  (a)  The department [commission] shall develop
36-13    information for public dissemination about the benefit process and
36-14    the compensation procedures established under this chapter.  The
36-15    information must be written in plain language and must be available
36-16    in English and Spanish.
36-17          (b)  On receipt of a report under Section 409.005, the
36-18    department [commission] shall contact the affected employee by mail
36-19    or by telephone and shall provide the information required under
36-20    Subsection (a) to that employee, together with any other
36-21    information that may be prepared by the department [commission] for
36-22    public dissemination that relates to the employee's situation, such
36-23    as information relating to back injuries or occupational diseases.
36-24          SECTION 3.121.  Subsections (a) and (b), Section 409.021,
36-25    Labor Code, are amended to read as follows:
36-26          (a)  An insurance carrier shall initiate compensation under
36-27    this subtitle promptly.  Not later than the seventh day after the
36-28    date on which an insurance carrier receives written notice of an
36-29    injury, the insurance carrier shall:
36-30                (1)  begin the payment of benefits as required by this
36-31    subtitle; or
36-32                (2)  notify the department [commission] and the
36-33    employee in writing of its refusal to pay and advise the employee
36-34    of:
36-35                      (A)  the right to request a benefit review
36-36    conference; and
36-37                      (B)  the means to obtain additional information
36-38    from the department [commission].
36-39          (b)  An insurance carrier shall notify the department
36-40    [commission] in writing of the initiation of income or death
36-41    benefit payments in the manner prescribed by commissioner
36-42    [commission] rules.
36-43          SECTION 3.122.  Subsection (c), Section 409.022, Labor Code,
36-44    is amended to read as follows:
36-45          (c)  An insurance carrier commits a violation if the
36-46    insurance carrier does not have reasonable grounds for a refusal to
36-47    pay benefits, as determined by the department [commission].  A
36-48    violation under this subsection is a Class B administrative
36-49    violation.
36-50          SECTION 3.123.  Subsection (a), Section 409.023, Labor Code,
36-51    is amended to read as follows:
36-52          (a)  An insurance carrier shall continue to pay benefits
36-53    promptly as and when the benefits accrue without a final decision,
36-54    order, or other action of the department [commission], except as
36-55    otherwise provided.
36-56          SECTION 3.124.  Subsection (b), Section 409.0231, Labor Code,
36-57    is amended to read as follows:
36-58          (b)  The commissioner [commission] shall adopt rules in
36-59    consultation with the Texas Department of Information Resources as
36-60    necessary to implement this section, including rules prescribing a
36-61    period of benefits that is of sufficient duration to allow payment
36-62    by electronic funds transfer.
36-63          SECTION 3.125.  Section 409.024, Labor Code, is amended to
36-64    read as follows:
36-65          Sec. 409.024.  TERMINATION OR REDUCTION OF BENEFITS; NOTICE;
36-66    ADMINISTRATIVE VIOLATION.  (a)  An insurance carrier shall file
36-67    with the department [commission] a notice of termination or
36-68    reduction of benefits, including the reasons for the termination or
36-69    reduction, not later than the 10th day after the date on which
 37-1    benefits are terminated or reduced.
 37-2          (b)  An insurance carrier commits a violation if the
 37-3    insurance carrier does not have reasonable grounds to terminate or
 37-4    reduce benefits, as determined by the department [commission].  A
 37-5    violation under this subsection is a Class B administrative
 37-6    violation.
 37-7          SECTION 3.126.  Subsection (a), Section 409.041, Labor Code,
 37-8    is amended to read as follows:
 37-9          (a)  The department [commission] shall maintain an ombudsman
37-10    program as provided by this subchapter to assist injured workers
37-11    and persons claiming death benefits in obtaining benefits under
37-12    this subtitle.
37-13          SECTION 3.127.  Subsections (a) and (c), Section 409.042,
37-14    Labor Code, are amended to read as follows:
37-15          (a)  At least one specially qualified employee in each
37-16    department [commission] office shall be designated an ombudsman who
37-17    shall perform the duties under this section as the person's primary
37-18    responsibility.
37-19          (c)  The commissioner [commission] by rule shall adopt
37-20    training guidelines and continuing education requirements for
37-21    ombudsmen.  Training provided under this subsection must:
37-22                (1)  include education regarding this subtitle, rules
37-23    adopted under this subtitle, and appeals panel decisions, with
37-24    emphasis on benefits and the dispute resolution process; and
37-25                (2)  require an ombudsman undergoing training to be
37-26    observed and monitored by an experienced ombudsman during daily
37-27    activities conducted under this subchapter.
37-28          SECTION 3.128.  Subsection (a), Section 409.043, Labor Code,
37-29    is amended to read as follows:
37-30          (a)  Each employer shall notify its employees of the
37-31    ombudsman program in a manner prescribed by the commissioner
37-32    [commission].
37-33          SECTION 3.129.  Section 409.044, Labor Code, is amended to
37-34    read as follows:
37-35          Sec. 409.044.  PUBLIC INFORMATION.  The department
37-36    [commission] shall widely disseminate information about the
37-37    ombudsman program.
37-38          SECTION 3.130.  Section 410.002, Labor Code, is amended to
37-39    read as follows:
37-40          Sec. 410.002.  LAW GOVERNING LIABILITY PROCEEDINGS.  A
37-41    proceeding before the department [commission] to determine the
37-42    liability of an insurance carrier for compensation for an injury or
37-43    death under this subtitle is governed by this chapter.
37-44          SECTION 3.131.  Section 410.004, Labor Code, is amended to
37-45    read as follows:
37-46          Sec. 410.004.  DIVISION OF HEARINGS.  The division shall
37-47    conduct benefit review conferences, contested case hearings,
37-48    arbitration, and appeals within the department [commission] related
37-49    to workers' compensation claims.
37-50          SECTION 3.132.  Subsection (a), Section 410.005, Labor Code,
37-51    is amended to read as follows:
37-52          (a)  Unless the department [commission] determines that good
37-53    cause exists for the selection of a different location, a benefit
37-54    review conference or a contested case hearing may not be conducted
37-55    at a site more than 75 miles from the claimant's residence at the
37-56    time of the injury.
37-57          SECTION 3.133.  Section 410.021, Labor Code, is amended to
37-58    read as follows:
37-59          Sec. 410.021.  PURPOSE.  A benefit review conference is a
37-60    nonadversarial, informal dispute resolution proceeding designed to:
37-61                (1)  explain, orally and in writing, the rights of the
37-62    respective parties to a workers' compensation claim and the
37-63    procedures necessary to protect those rights;
37-64                (2)  discuss the facts of the claim, review available
37-65    information in order to evaluate the claim, and delineate the
37-66    disputed issues; and
37-67                (3)  mediate and resolve disputed issues by agreement
37-68    of the parties in accordance with this subtitle and the policies of
37-69    the department [commission].
 38-1          SECTION 3.134.  Subsections (b) and (c), Section 410.022,
 38-2    Labor Code, are amended to read as follows:
 38-3          (b)  A benefit review officer must:
 38-4                (1)  be an employee of the department [commission]; and
 38-5                (2)  be trained in the principles and procedures of
 38-6    dispute mediation.
 38-7          (c)  The department [commission] shall institute and maintain
 38-8    an education and training program for benefit review officers and
 38-9    shall consult or contract with the Federal Mediation and
38-10    Conciliation Service or other appropriate organizations for this
38-11    purpose.
38-12          SECTION 3.135.  Section 410.023, Labor Code, is amended to
38-13    read as follows:
38-14          Sec. 410.023.  REQUEST FOR BENEFIT REVIEW CONFERENCE.  On
38-15    receipt of a request from a party or on its own motion, the
38-16    department [commission] may direct the parties to a disputed
38-17    workers' compensation claim to meet in a benefit review conference
38-18    to attempt to reach agreement on disputed issues involved in the
38-19    claim.
38-20          SECTION 3.136.  Section 410.024, Labor Code, is amended to
38-21    read as follows:
38-22          Sec. 410.024.  BENEFIT REVIEW CONFERENCE AS PREREQUISITE TO
38-23    FURTHER PROCEEDINGS ON CERTAIN CLAIMS.  (a)  Except as otherwise
38-24    provided by law or commissioner [commission] rule, the parties to a
38-25    disputed compensation claim are not entitled to a contested case
38-26    hearing or arbitration on the claim unless a benefit review
38-27    conference is conducted as provided by this subchapter.
38-28          (b)  The commissioner [commission] by rule shall adopt
38-29    guidelines relating to claims that do not require a benefit review
38-30    conference and may proceed directly to a contested case hearing or
38-31    arbitration.
38-32          SECTION 3.137.  Section 410.025, Labor Code, is amended to
38-33    read as follows:
38-34          Sec. 410.025.  SCHEDULING OF BENEFIT REVIEW CONFERENCE;
38-35    NOTICE.  (a)  The commissioner [commission] by rule shall prescribe
38-36    the time within which a benefit review conference must be
38-37    scheduled.
38-38          (b)  At the time a benefit review conference is scheduled,
38-39    the department [commission] shall schedule a contested case hearing
38-40    to be held not later than the 60th day after the date of the
38-41    benefit review conference if the disputed issues are not resolved
38-42    at the benefit review conference.
38-43          (c)  The department [commission] shall send written notice of
38-44    the benefit review conference to the parties to the claim and the
38-45    employer.
38-46          (d)  The commissioner [commission] by rule shall provide for
38-47    expedited proceedings in cases in which compensability or liability
38-48    for essential medical treatment is in dispute.
38-49          SECTION 3.138.  Subsection (a), Section 410.026, Labor Code,
38-50    is amended to read as follows:
38-51          (a)  A benefit review officer shall:
38-52                (1)  mediate disputes between the parties and assist in
38-53    the adjustment of the claim consistent with this subtitle and the
38-54    policies of the department [commission];
38-55                (2)  thoroughly inform all parties of their rights and
38-56    responsibilities under this subtitle, especially in a case in which
38-57    the employee is not represented by an attorney or other
38-58    representative; and
38-59                (3)  ensure that all documents and information relating
38-60    to the employee's wages, medical condition, and any other
38-61    information pertinent to the resolution of disputed issues are
38-62    contained in the claim file at the conference, especially in a case
38-63    in which the employee is not represented by an attorney or other
38-64    representative.
38-65          SECTION 3.139.  Subsection (a), Section 410.027, Labor Code,
38-66    is amended to read as follows:
38-67          (a)  The commissioner [commission] shall adopt rules for
38-68    conducting benefit review conferences.
38-69          SECTION 3.140.  Section 410.030, Labor Code, is amended to
 39-1    read as follows:
 39-2          Sec. 410.030.  BINDING EFFECT OF AGREEMENT.  (a)  An
 39-3    agreement signed in accordance with Section 410.029 is binding on
 39-4    the insurance carrier through the conclusion of all matters
 39-5    relating to the claim, unless the department [commission] or a
 39-6    court, on a finding of fraud, newly discovered evidence, or other
 39-7    good and sufficient cause, relieves the insurance carrier of the
 39-8    effect of the agreement.
 39-9          (b)  The agreement is binding on the claimant, if represented
39-10    by an attorney, to the same extent as on the insurance carrier.  If
39-11    the claimant is not represented by an attorney, the agreement is
39-12    binding on the claimant through the conclusion of all matters
39-13    relating to the claim while the claim is pending before the
39-14    department [commission], unless the department [commission] for
39-15    good cause relieves the claimant of the effect of the agreement.
39-16          SECTION 3.141.  Subsection (b), Section 410.034, Labor Code,
39-17    is amended to read as follows:
39-18          (b)  The commissioner [commission] by rule shall prescribe
39-19    the times within which the agreement and report must be filed.
39-20          SECTION 3.142.  Section 410.102, Labor Code, is amended to
39-21    read as follows:
39-22          Sec. 410.102.  ARBITRATORS; QUALIFICATIONS.  (a)  An
39-23    arbitrator must be an employee of the department [commission],
39-24    except that the department [commission] may contract with qualified
39-25    arbitrators on a determination of special need.
39-26          (b)  An arbitrator must:
39-27                (1)  be a member of the National Academy of
39-28    Arbitrators;
39-29                (2)  be on an approved list of the American Arbitration
39-30    Association or Federal Mediation and Conciliation Service; or
39-31                (3)  meet qualifications established by the
39-32    commissioner [commission] by rule [and be approved by an
39-33    affirmative vote of at least two commission members representing
39-34    employers of labor and at least two commission members representing
39-35    wage earners].
39-36          (c)  The department [commission] shall require that each
39-37    arbitrator have appropriate training in the workers' compensation
39-38    laws of this state.  The department [commission] shall establish
39-39    procedures to carry out this subsection.
39-40          SECTION 3.143.  Section 410.103, Labor Code, is amended to
39-41    read as follows:
39-42          Sec. 410.103.  DUTIES OF ARBITRATOR.  An arbitrator shall:
39-43                (1)  protect the interests of all parties;
39-44                (2)  ensure that all relevant evidence has been
39-45    disclosed to the arbitrator and to all parties; and
39-46                (3)  render an award consistent with this subtitle and
39-47    the policies of the department [commission].
39-48          SECTION 3.144.  Subsections (b) and (c), Section 410.104,
39-49    Labor Code, are amended to read as follows:
39-50          (b)  To elect arbitration, the parties must file the election
39-51    with the department [commission] not later than the 20th day after
39-52    the last day of the benefit review conference.  The department
39-53    [commission] shall prescribe a form for that purpose.
39-54          (c)  An election to engage in arbitration under this
39-55    subchapter is irrevocable and binding on all parties for the
39-56    resolution of all disputes arising out of the claims that are under
39-57    the jurisdiction of the department [commission].
39-58          SECTION 3.145.  Section 410.105, Labor Code, is amended to
39-59    read as follows:
39-60          Sec. 410.105.  LISTS OF ARBITRATORS.  (a)  The department
39-61    [commission] shall establish regional lists of arbitrators who meet
39-62    the qualifications prescribed under Sections 410.102(a) and (b).
39-63    Each regional list shall be initially prepared in a random name
39-64    order, and subsequent additions to a list shall be added
39-65    chronologically.
39-66          (b)  The department [commission] shall review the lists of
39-67    arbitrators annually and determine if each arbitrator is fair and
39-68    impartial and makes awards that are consistent with and in
39-69    accordance with this subtitle and the rules of the commissioner
 40-1    [commission].  The commissioner may [commission shall] remove an
 40-2    arbitrator [if after review the arbitrator does not receive an
 40-3    affirmative vote of at least two commission members representing
 40-4    employers of labor and at least two commission members representing
 40-5    wage earners].
 40-6          (c)  The department's [commission's] lists are confidential
 40-7    and are not subject to disclosure under Chapter 552, Government
 40-8    Code.  The lists may not be revealed by any department [commission]
 40-9    employee to any person who is not a department [commission]
40-10    employee.  The lists are exempt from discovery in civil litigation
40-11    unless the party seeking the discovery establishes reasonable cause
40-12    to believe that a violation of the requirements of this section or
40-13    Section 410.106, 410.107, 410.108, or 410.109(b) occurred and that
40-14    the violation is relevant to the issues in dispute.
40-15          SECTION 3.146.  Section 410.106, Labor Code, is amended to
40-16    read as follows:
40-17          Sec. 410.106.  SELECTION OF ARBITRATOR.  The department
40-18    [commission] shall assign the arbitrator for a particular case by
40-19    selecting the next name after the previous case's selection in
40-20    consecutive order.  The department [commission] may not change the
40-21    order of names once the order is established under this subchapter,
40-22    except that once each arbitrator on the list has been assigned to a
40-23    case, the names shall be randomly reordered.
40-24          SECTION 3.147.  Subsection (a), Section 410.107, Labor Code,
40-25    is amended to read as follows:
40-26          (a)  The department [commission] shall assign an arbitrator
40-27    to a pending case not later than the 30th day after the date on
40-28    which the election for arbitration is filed with the department
40-29    [commission].
40-30          SECTION 3.148.  Subsection (a), Section 410.108, Labor Code,
40-31    is amended to read as follows:
40-32          (a)  Each party is entitled, in its sole discretion, to one
40-33    rejection of the arbitrator in each case.  If a party rejects the
40-34    arbitrator, the department [commission] shall assign another
40-35    arbitrator as provided by Section 410.106.
40-36          SECTION 3.149.  Section 410.109, Labor Code, is amended to
40-37    read as follows:
40-38          Sec. 410.109.  SCHEDULING OF ARBITRATION.  (a)  The
40-39    arbitrator shall schedule arbitration to be held not later than the
40-40    30th day after the date of the arbitrator's assignment and shall
40-41    notify the parties and the department [commission] of the scheduled
40-42    date.
40-43          (b)  If an arbitrator is unable to schedule arbitration in
40-44    accordance with Subsection (a), the department [commission] shall
40-45    appoint the next arbitrator on the applicable list.  Each party is
40-46    entitled to reject the arbitrator appointed under this subsection
40-47    in the manner provided under Section 410.108.
40-48          SECTION 3.150.  Section 410.111, Labor Code, is amended to
40-49    read as follows:
40-50          Sec. 410.111.  RULES.  The commissioner [commission] shall
40-51    adopt rules for arbitration consistent with generally recognized
40-52    arbitration principles and procedures.
40-53          SECTION 3.151.  Subsection (b), Section 410.114, Labor Code,
40-54    is amended to read as follows:
40-55          (b)  The department [commission] shall make an electronic
40-56    recording of the proceeding.
40-57          SECTION 3.152.  Subsection (d), Section 410.118, Labor Code,
40-58    is amended to read as follows:
40-59          (d)  The arbitrator shall file a copy of the award as part of
40-60    the permanent claim file at the department [commission] and shall
40-61    notify the parties in writing of the decision.
40-62          SECTION 3.153.  Subsection (b), Section 410.119, Labor Code,
40-63    is amended to read as follows:
40-64          (b)  An arbitrator's award is a final order of the department
40-65    [commission].
40-66          SECTION 3.154.  Subsections (a) and (b), Section 410.121,
40-67    Labor Code, are amended to read as follows:
40-68          (a)  On application of an aggrieved party, a court of
40-69    competent jurisdiction shall vacate an arbitrator's award on a
 41-1    finding that:
 41-2                (1)  the award was procured by corruption, fraud, or
 41-3    misrepresentation;
 41-4                (2)  the decision of the arbitrator was arbitrary and
 41-5    capricious; or
 41-6                (3)  the award was outside the jurisdiction of the
 41-7    department [commission].
 41-8          (b)  If an award is vacated, the case shall be remanded to
 41-9    the department [commission] for another arbitration proceeding.
41-10          SECTION 3.155.  Subsection (b), Section 410.151, Labor Code,
41-11    is amended to read as follows:
41-12          (b)  An issue that was not raised at a benefit review
41-13    conference or that was resolved at a benefit review conference may
41-14    not be considered unless:
41-15                (1)  the parties consent; or
41-16                (2)  if the issue was not raised, the department
41-17    [commission] determines that good cause existed for not raising the
41-18    issue at the conference.
41-19          SECTION 3.156.  Section 410.153, Labor Code, is amended to
41-20    read as follows:
41-21          Sec. 410.153.  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
41-22    Chapter 2001, Government Code, applies to a contested case hearing
41-23    to the extent that the commissioner [commission] finds appropriate,
41-24    except that the following do not apply:
41-25                (1)  Section 2001.054;
41-26                (2)  Sections 2001.061 and 2001.062;
41-27                (3)  Section 2001.202; and
41-28                (4)  Subchapters F, G, I, and Z, except for Section
41-29    2001.141(c).
41-30          SECTION 3.157.  Section 410.154, Labor Code, is amended to
41-31    read as follows:
41-32          Sec. 410.154.  SCHEDULING OF HEARING.  The department
41-33    [commission] shall schedule a contested case hearing in accordance
41-34    with Section 410.024 or 410.025(b).
41-35          SECTION 3.158.  Section 410.155, Labor Code, is amended to
41-36    read as follows:
41-37          Sec. 410.155.  CONTINUANCE.  (a)  A written request by a
41-38    party for a continuance of a contested case hearing to another date
41-39    must be directed to the department [commission].
41-40          (b)  The department [commission] may grant a continuance only
41-41    if the department [commission] determines that there is good cause
41-42    for the continuance.
41-43          SECTION 3.159.  Section 410.157, Labor Code, is amended to
41-44    read as follows:
41-45          Sec. 410.157.  RULES.  The commissioner [commission] shall
41-46    adopt rules governing procedures under which contested case
41-47    hearings are conducted.
41-48          SECTION 3.160.  Subsection (a), Section 410.158, Labor Code,
41-49    is amended to read as follows:
41-50          (a)  Except as provided by Section 410.162, discovery is
41-51    limited to:
41-52                (1)  depositions on written questions to any health
41-53    care provider;
41-54                (2)  depositions of other witnesses as permitted by the
41-55    hearing officer for good cause shown; and
41-56                (3)  interrogatories as prescribed by the department
41-57    [commission].
41-58          SECTION 3.161.  Section 410.159, Labor Code, is amended to
41-59    read as follows:
41-60          Sec. 410.159.  STANDARD INTERROGATORIES.  (a)  The
41-61    commissioner [commission] by rule shall prescribe standard form
41-62    sets of interrogatories to elicit information from claimants and
41-63    insurance carriers.
41-64          (b)  Standard interrogatories shall be answered by each party
41-65    and served on the opposing party within the time prescribed by
41-66    commissioner [commission] rule, unless the parties agree otherwise.
41-67          SECTION 3.162.  Section 410.160, Labor Code, is amended to
41-68    read as follows:
41-69          Sec. 410.160.  EXCHANGE OF INFORMATION.  Within the time
 42-1    prescribed by commissioner [commission] rule, the parties shall
 42-2    exchange:
 42-3                (1)  all medical reports and reports of expert
 42-4    witnesses who will be called to testify at the hearing;
 42-5                (2)  all medical records;
 42-6                (3)  any witness statements;
 42-7                (4)  the identity and location of any witness known to
 42-8    the parties to have knowledge of relevant facts; and
 42-9                (5)  all photographs or other documents that a party
42-10    intends to offer into evidence at the hearing.
42-11          SECTION 3.163.  Section 410.161, Labor Code, is amended to
42-12    read as follows:
42-13          Sec. 410.161.  FAILURE TO DISCLOSE INFORMATION.  A party who
42-14    fails to disclose information known to the party or documents that
42-15    are in the party's possession, custody, or control at the time
42-16    disclosure is required by Sections 410.158-410.160 may not
42-17    introduce the evidence at any subsequent proceeding before the
42-18    department [commission] or in court on the claim unless good cause
42-19    is shown for not having disclosed the information or documents
42-20    under those sections.
42-21          SECTION 3.164.  Subsections (d) and (e), Section 410.168,
42-22    Labor Code, are amended to read as follows:
42-23          (d)  On a form that the commissioner [commission] by rule
42-24    prescribes, the hearing officer shall issue a separate written
42-25    decision regarding attorney's fees and any matter related to
42-26    attorney's fees.  The decision regarding attorney's fees and the
42-27    form may not be made known to a jury in a judicial review of an
42-28    award, including an appeal.
42-29          (e)  The commissioner [commission] by rule shall prescribe
42-30    the times within which the hearing officer must file the decisions
42-31    with the division.
42-32          SECTION 3.165.  Subsection (d), Section 410.203, Labor Code,
42-33    is amended to read as follows:
42-34          (d)  A hearing on remand shall be accelerated and the
42-35    commissioner [commission] shall adopt rules to give priority to the
42-36    hearing over other proceedings.
42-37          SECTION 3.166.  Subsection (b), Section 410.204, Labor Code,
42-38    is amended to read as follows:
42-39          (b)  A copy of the decision of the appeals panel shall be
42-40    sent to each party not later than the seventh day after the date
42-41    the decision is filed with the department [commission].
42-42          SECTION 3.167.  Section 410.206, Labor Code, is amended to
42-43    read as follows:
42-44          Sec. 410.206.  CLERICAL ERROR.  The commissioner [executive
42-45    director] may revise a decision in a contested case hearing on a
42-46    finding of clerical error.
42-47          SECTION 3.168.  Section 410.207, Labor Code, is amended to
42-48    read as follows:
42-49          Sec. 410.207.  CONTINUATION OF COMMISSION JURISDICTION.
42-50    During judicial review of an appeals panel decision on any disputed
42-51    issue relating to a workers' compensation claim, the department
42-52    [commission] retains jurisdiction of all other issues related to
42-53    the claim.
42-54          SECTION 3.169.  Subsections (a) and (c), Section 410.208,
42-55    Labor Code, are amended to read as follows:
42-56          (a)  If an insurance carrier refuses or fails to comply with
42-57    a final order or decision of the department [commission], the
42-58    claimant may bring suit in the county of the claimant's residence
42-59    or the county in which the injury occurred to enforce the award as
42-60    a final and binding order of the department [commission].
42-61          (c)  A person commits a violation if the person fails or
42-62    refuses to comply with a department [commission] order or decision
42-63    within 20 days after the date the order or decision becomes final.
42-64    A violation under this subsection is a Class A administrative
42-65    violation.
42-66          SECTION 3.170.  Section 410.209, Labor Code, is amended to
42-67    read as follows:
42-68          Sec. 410.209.  REIMBURSEMENT FOR OVERPAYMENT.  The subsequent
42-69    injury fund shall reimburse an insurance carrier for any
 43-1    overpayments of benefits made under an interlocutory order or
 43-2    decision if that order or decision is reversed or modified by final
 43-3    arbitration, order, or decision of the department [commission] or a
 43-4    court.  The commissioner [commission] shall adopt rules to provide
 43-5    for a periodic reimbursement schedule, providing for reimbursement
 43-6    at least annually.
 43-7          SECTION 3.171.  Section 410.253, Labor Code, is amended to
 43-8    read as follows:
 43-9          Sec. 410.253.  SERVICE.  A copy of the petition shall be
43-10    simultaneously filed with the court and the commissioner
43-11    [commission] and served on any opposing party.
43-12          SECTION 3.172.  Section 410.254, Labor Code, is amended to
43-13    read as follows:
43-14          Sec. 410.254.  [COMMISSION] INTERVENTION.  On timely motion
43-15    initiated by the commissioner [executive director], the department
43-16    [commission] shall be permitted to intervene in any judicial
43-17    proceeding under this subchapter or Subchapter G.
43-18          SECTION 3.173.  The heading to Section 410.258, Labor Code,
43-19    is amended to read as follows:
43-20          Sec. 410.258.  NOTIFICATION OF DEPARTMENT [COMMISSION] OF
43-21    PROPOSED JUDGMENTS AND SETTLEMENTS; RIGHT TO INTERVENE.
43-22          SECTION 3.174.  Subsections (a), (b), (c), (d), and (e),
43-23    Section 410.258, Labor Code, are amended to read as follows:
43-24          (a)  The party who initiated a proceeding under this
43-25    subchapter or Subchapter G must file any proposed judgment or
43-26    settlement made by the parties to the proceeding, including a
43-27    proposed default judgment, with the commissioner [executive
43-28    director of the commission] not later than the 30th day before the
43-29    date on which the court is scheduled to enter the judgment or
43-30    approve the settlement.  The proposed judgment or settlement must
43-31    be mailed to the commissioner [executive director] by certified
43-32    mail, return receipt requested.
43-33          (b)  The department [commission] may intervene in a
43-34    proceeding under Subsection (a) not later than the 30th day after
43-35    the date of receipt of the proposed judgment or settlement.
43-36          (c)  The department [commission] shall review the proposed
43-37    judgment or settlement to determine compliance with all appropriate
43-38    provisions of the law.  If the department [commission] determines
43-39    that the proposal is not in compliance with the law, the department
43-40    [commission] may intervene as a matter of right in the proceeding
43-41    not later than the 30th day after the date of receipt of the
43-42    proposed judgment or settlement.  The court may limit the extent of
43-43    the department's [commission's] intervention to providing the
43-44    information described by Subsection (e).
43-45          (d)  If the department [commission] does not intervene before
43-46    the 31st day after the date of receipt of the proposed judgment or
43-47    settlement, the court shall enter the judgment or approve the
43-48    settlement if the court determines that the proposed judgment or
43-49    settlement is in compliance with all appropriate provisions of the
43-50    law.
43-51          (e)  If the department [commission] intervenes in the
43-52    proceeding, the department [commission] shall inform the court of
43-53    each reason the department [commission] believes the proposed
43-54    judgment or settlement is not in compliance with the law.  The
43-55    court shall give full consideration to the information provided by
43-56    the department [commission] before entering a judgment or approving
43-57    a settlement.
43-58          SECTION 3.175.  Subsection (a), Section 410.301, Labor Code,
43-59    is amended to read as follows:
43-60          (a)  Judicial review of a final decision of a department
43-61    [commission] appeals panel regarding compensability or eligibility
43-62    for or the amount of income or death benefits shall be conducted as
43-63    provided by this subchapter.
43-64          SECTION 3.176.  Section 410.302, Labor Code, is amended to
43-65    read as follows:
43-66          Sec. 410.302.  LIMITATION OF ISSUES.  A trial under this
43-67    subchapter is limited to issues decided by the department
43-68    [commission] appeals panel and on which judicial review is sought.
43-69    The pleadings must specifically set forth the determinations of the
 44-1    appeals panel by which the party is aggrieved.
 44-2          SECTION 3.177.  Section 410.304, Labor Code, is amended to
 44-3    read as follows:
 44-4          Sec. 410.304.  CONSIDERATION OF APPEALS PANEL DECISION.
 44-5    (a)  In a jury trial, the court, before submitting the case to the
 44-6    jury, shall inform the jury in the court's instructions, charge, or
 44-7    questions to the jury of the department [commission] appeals panel
 44-8    decision on each disputed issue described by Section 410.301(a)
 44-9    that is submitted to the jury.
44-10          (b)  In a trial to the court without a jury, the court in
44-11    rendering its judgment on an issue described by Section 410.301(a)
44-12    shall consider the decision of the department [commission] appeals
44-13    panel.
44-14          SECTION 3.178.  Subsections (b) and (c), Section 410.306,
44-15    Labor Code, are amended to read as follows:
44-16          (b)  The department [commission] on payment of a reasonable
44-17    fee shall make available to the parties a certified copy of the
44-18    department's [commission's] record.  All facts and evidence the
44-19    record contains are admissible to the extent allowed under the
44-20    Texas Rules of Civil Evidence.
44-21          (c)  Except as provided by Section 410.307, evidence of
44-22    extent of impairment shall be limited to that presented to the
44-23    department [commission].  The court or jury, in its determination
44-24    of the extent of impairment, shall adopt one of the impairment
44-25    ratings under Subchapter G, Chapter 408.
44-26          SECTION 3.179.  Subsections (a) and (d), Section 410.307,
44-27    Labor Code, are amended to read as follows:
44-28          (a)  Evidence of the extent of impairment is not limited to
44-29    that presented to the department [commission] if the court, after a
44-30    hearing, finds that there is a substantial change of condition.
44-31    The court's finding of a substantial change of condition may be
44-32    based only on:
44-33                (1)  medical evidence from the same doctor or doctors
44-34    whose testimony or opinion was presented to the department
44-35    [commission];
44-36                (2)  evidence that has come to the party's knowledge
44-37    since the contested case hearing;
44-38                (3)  evidence that could not have been discovered
44-39    earlier with due diligence by the party; and
44-40                (4)  evidence that would probably produce a different
44-41    result if it is admitted into evidence at the trial.
44-42          (d)  If the court finds a substantial change of condition
44-43    under this section, new medical evidence of the extent of
44-44    impairment must be from and is limited to the same doctor or
44-45    doctors who made impairment ratings before the department
44-46    [commission] under Section 408.123.
44-47          SECTION 3.180.  Subsection (a), Section 410.308, Labor Code,
44-48    is amended to read as follows:
44-49          (a)  The department [commission] or the Texas Department of
44-50    Insurance shall furnish any interested party in the claim with a
44-51    certified copy of the notice of the employer securing compensation
44-52    with the insurance carrier, filed with the department [commission].
44-53          SECTION 3.181.  Subdivision (1), Section 411.001, Labor Code,
44-54    is amended to read as follows:
44-55                (1)  "Division" means the division of workers' health
44-56    and safety of the department [commission].
44-57          SECTION 3.182.  Section 411.013, Labor Code, is amended to
44-58    read as follows:
44-59          Sec. 411.013.  FEDERAL CONTRACTS AND PROGRAMS.  With the
44-60    approval of the commissioner [commission], the division may:
44-61                (1)  enter into contracts with the federal government
44-62    to perform occupational safety projects; and
44-63                (2)  apply for federal funds through any federal
44-64    program relating to occupational safety.
44-65          SECTION 3.183.  Section 411.032, Labor Code, is amended to
44-66    read as follows:
44-67          Sec. 411.032.  EMPLOYER INJURY AND OCCUPATIONAL DISEASE
44-68    REPORT; ADMINISTRATIVE VIOLATION.  (a)  An employer shall file with
44-69    the department [commission] a report of each:
 45-1                (1)  on-the-job injury that results in the employee's
 45-2    absence from work for more than one day; and
 45-3                (2)  occupational disease of which the employer has
 45-4    knowledge.
 45-5          (b)  The commissioner [commission] shall adopt rules and
 45-6    prescribe the form and manner of reports filed under this section.
 45-7          (c)  An employer commits an administrative violation if the
 45-8    employer fails to report to the department [commission] as required
 45-9    under Subsection (a) unless good cause exists, as determined by the
45-10    department [commission], for the failure.  A violation under this
45-11    subsection is a Class D administrative violation.
45-12          SECTION 3.184.  Section 411.035, Labor Code, is amended to
45-13    read as follows:
45-14          Sec. 411.035.  USE OF INJURY REPORT.  A report made under
45-15    Section 411.032 may not be considered to be an admission by or
45-16    evidence against an employer or an insurance carrier in a
45-17    proceeding before the department [commission] or a court in which
45-18    the facts set out in the report are contradicted by the employer or
45-19    insurance carrier.
45-20          SECTION 3.185.  Section 411.0415, Labor Code, is amended to
45-21    read as follows:
45-22          Sec. 411.0415.  EXEMPTION FOR CERTAIN EMPLOYERS; HEARING.
45-23    (a)  The department [executive director] may exclude from
45-24    identification as a hazardous employer an employer who presents
45-25    evidence satisfactory to the department [commission] that the
45-26    injury frequencies of the employer substantially exceed those that
45-27    may reasonably be expected in that employer's business or industry
45-28    only because of a fatality that:
45-29                (1)  occurred because of factors beyond the employer's
45-30    control; or
45-31                (2)  was outside the course and scope of the deceased
45-32    individual's employment.
45-33          (b)  The commissioner [commission] by rule shall analyze and
45-34    list fatalities that may not be related to the work environment,
45-35    including:
45-36                (1)  heart attacks;
45-37                (2)  common diseases of life;
45-38                (3)  homicides;
45-39                (4)  suicides;
45-40                (5)  vehicle accidents involving a third party;
45-41                (6)  common carrier accidents; and
45-42                (7)  natural events.
45-43          (c)  If the department [commission] determines that the case
45-44    history of the employee's fatality indicates that the employer or
45-45    the work environment was a proximate cause of the fatality, the
45-46    department [commission] may request a hearing under Section
45-47    411.049.  If the hearing establishes that a proximate cause of the
45-48    fatality was a factor or factors within the employer's control and
45-49    was within the course and scope of the employment, the department
45-50    [commission] may identify the employer for the hazardous employer
45-51    program if that fatality causes the employer to be designated as a
45-52    hazardous employer.
45-53          SECTION 3.186.  Subsection (b), Section 411.042, Labor Code,
45-54    is amended to read as follows:
45-55          (b)  The commissioner [commission] by rule shall require a
45-56    minimum interval of at least six months before a subsequent audit
45-57    to identify an employer who was previously identified as a
45-58    hazardous employer.
45-59          SECTION 3.187.  Subsection (b), Section 411.043, Labor Code,
45-60    is amended to read as follows:
45-61          (b)  The safety consultant shall file a written report with
45-62    the department [commission] and the employer setting out any
45-63    hazardous conditions or practices identified by the safety
45-64    consultation.
45-65          SECTION 3.188.  Subsection (a), Section 411.045, Labor Code,
45-66    is amended to read as follows:
45-67          (a)  Not earlier than six months or later than nine months
45-68    after the formulation of an accident prevention plan under Section
45-69    411.043, the division shall conduct a follow-up inspection of the
 46-1    employer's premises.  The department [commission] may require the
 46-2    participation of the safety consultant who performed the initial
 46-3    consultation and formulated the safety plan.
 46-4          SECTION 3.189.  Section 411.048, Labor Code, is amended to
 46-5    read as follows:
 46-6          Sec. 411.048.  COSTS CHARGED TO EMPLOYER.  (a)  The
 46-7    department [commission] shall charge an employer that is a
 46-8    political subdivision for reimbursement of the reasonable cost of
 46-9    services provided by the division, including a reasonable
46-10    allocation of the department's [commission's] administrative costs,
46-11    in formulating and monitoring the implementation of a plan under
46-12    Section 411.043 or 411.047, investigating an accident under Section
46-13    411.044, or in conducting a follow-up inspection under Section
46-14    411.045.
46-15          (b)  The department [commission] shall charge a private
46-16    employer for reimbursement of the reasonable cost of services
46-17    provided by the division, including a reasonable allocation of the
46-18    department's [commission's] administrative costs, in providing
46-19    safety and health services under this program at the request of the
46-20    private employer.  This subsection does not apply to services
46-21    provided to the employer under Section 411.018.
46-22          SECTION 3.190.  Subsection (a), Section 411.049, Labor Code,
46-23    is amended to read as follows:
46-24          (a)  An employer may request a hearing to contest findings
46-25    made by the department [commission] under this subchapter.
46-26          SECTION 3.191.  Section 411.050, Labor Code, is amended to
46-27    read as follows:
46-28          Sec. 411.050.  ADMISSIBILITY OF IDENTIFICATION AS HAZARDOUS
46-29    EMPLOYER.  The identification of an employer as a hazardous
46-30    employer under this subchapter is not admissible in any judicial
46-31    proceeding unless:
46-32                (1)  the department [commission] has determined that
46-33    the employer is not in compliance with this subchapter; and
46-34                (2)  that determination has not been reversed or
46-35    superseded at the time of the event giving rise to the judicial
46-36    proceeding.
46-37          SECTION 3.192.  Section 411.062, Labor Code, is amended to
46-38    read as follows:
46-39          Sec. 411.062.  FIELD SAFETY REPRESENTATIVE; QUALIFICATIONS.
46-40    (a)  The commissioner [commission] by rule shall establish
46-41    qualifications for field safety representatives.  The rules must
46-42    include education and experience requirements for those
46-43    representatives.
46-44          (b)  Each field safety representative must meet the
46-45    qualifications established by the commissioner [commission].
46-46          SECTION 3.193.  Subsection (c), Section 411.064, Labor Code,
46-47    is amended to read as follows:
46-48          (c)  The insurance company shall reimburse the department
46-49    [commission] for the reasonable cost of the reinspection, including
46-50    a reasonable allocation of the department's [commission's]
46-51    administrative costs incurred in conducting the inspections.
46-52          SECTION 3.194.  Subsection (b), Section 411.065, Labor Code,
46-53    is amended to read as follows:
46-54          (b)  The information must include:
46-55                (1)  the amount of money spent by the insurance company
46-56    on accident prevention services;
46-57                (2)  the number and qualifications of field safety
46-58    representatives employed by the insurance company;
46-59                (3)  the number of site inspections performed;
46-60                (4)  accident prevention services for which the
46-61    insurance company contracts;
46-62                (5)  a breakdown of the premium size of the risks to
46-63    which services were provided;
46-64                (6)  evidence of the effectiveness of and
46-65    accomplishments in accident prevention; and
46-66                (7)  any additional information required by the
46-67    department [commission].
46-68          SECTION 3.195.  The heading to Section 411.067, Labor Code,
46-69    is amended to read as follows:
 47-1          Sec. 411.067.  DEPARTMENT [COMMISSION] PERSONNEL.
 47-2          SECTION 3.196.  Subsection (a), Section 411.067, Labor Code,
 47-3    is amended to read as follows:
 47-4          (a)  The department [commission] shall employ the personnel
 47-5    necessary to enforce this subchapter, including at least 10 safety
 47-6    inspectors to perform inspections at a job site and at an insurance
 47-7    company to determine the adequacy of the accident prevention
 47-8    services provided by the insurance company.
 47-9          SECTION 3.197.  Subsection (b), Section 411.081, Labor Code,
47-10    is amended to read as follows:
47-11          (b)  Each employer shall notify its employees of this service
47-12    in a manner prescribed by the department [commission].
47-13          SECTION 3.198.  Section 411.092, Labor Code, is amended to
47-14    read as follows:
47-15          Sec. 411.092.  ENFORCEMENT; RULES.  The department
47-16    [commission] shall enforce Section 411.091 and the commissioner may
47-17    adopt rules for that purpose.
47-18          SECTION 3.199.  Subsection (b), Section 411.104, Labor Code,
47-19    is amended to read as follows:
47-20          (b)  In addition to the duties specified in this chapter, the
47-21    division shall perform other duties as required by the department
47-22    [commission].
47-23          SECTION 3.200.  Section 411.105, Labor Code, is amended to
47-24    read as follows:
47-25          Sec. 411.105.  CONFIDENTIAL INFORMATION; PENALTY.  (a)  The
47-26    department [commission] and its employees may not disclose at a
47-27    public hearing or otherwise information relating to secret
47-28    processes, methods of manufacture, or products.
47-29          (b)  The commissioner [A member] or an employee of the
47-30    department [commission] commits an offense if the commissioner
47-31    [member] or employee wilfully discloses or conspires to disclose
47-32    information made confidential under this section.  An offense under
47-33    this subsection is a misdemeanor punishable by a fine not to exceed
47-34    $1,000 and by forfeiture of the person's appointment as
47-35    commissioner [a member] or as an employee of the department
47-36    [commission].
47-37          SECTION 3.201.  Section 411.106, Labor Code, is amended to
47-38    read as follows:
47-39          Sec. 411.106.  SAFETY CLASSIFICATION.  (a)  To establish a
47-40    safety classification for employers, the department [commission]
47-41    shall:
47-42                (1)  obtain medical and compensation cost information
47-43    regularly compiled by the Texas Department of Insurance in
47-44    performing that agency's rate-making duties and functions regarding
47-45    employer liability and workers' compensation insurance; and
47-46                (2)  collect and compile information relating to:
47-47                      (A)  the frequency rate of accidents;
47-48                      (B)  the existence and implementation of private
47-49    safety programs;
47-50                      (C)  the number of work-hour losses because of
47-51    injuries; and
47-52                      (D)  other facts showing accident experience.
47-53          (b)  From the information obtained under Subsection (a), the
47-54    department [commission] shall classify employers as appropriate to
47-55    implement this subchapter.
47-56          SECTION 3.202.  Section 411.107, Labor Code, is amended to
47-57    read as follows:
47-58          Sec. 411.107.  ELIMINATION OF SAFETY IMPEDIMENTS.  The
47-59    department [commission] may endeavor to eliminate an impediment to
47-60    occupational or industrial safety that is reported to the
47-61    department [commission] by an affected employer.  In attempting to
47-62    eliminate an impediment the department [commission] may advise and
47-63    consult with an employer, or a representative of an employer, who
47-64    is directly involved.
47-65          SECTION 3.203.  Section 411.108, Labor Code, is amended to
47-66    read as follows:
47-67          Sec. 411.108.  ACCIDENT REPORTS.  The department [commission]
47-68    may require an employer and any other appropriate person to report
47-69    accidents, personal injuries, fatalities, or other statistics and
 48-1    information relating to accidents on forms prescribed by and
 48-2    covering periods designated by the department [commission].
 48-3          SECTION 3.204.  Subsections (f), (g), and (j), Section
 48-4    412.041, Labor Code, are amended to read as follows:
 48-5          (f)  In administering and enforcing Chapter 501, the director
 48-6    shall act in the capacity of employer and insurer.  (effective for
 48-7    dates of injury before September 1, 1995.)
 48-8                (1)  The director shall act as an adversary before the
 48-9    department [commission] and courts and present the legal defenses
48-10    and positions of the state as an employer and insurer.
48-11                (2)  For the purposes of this subsection and Chapter
48-12    501, the director is entitled to the legal counsel of the attorney
48-13    general.
48-14                (3)  The director is subject to the rules, orders, and
48-15    decisions of the department [commission] in the same manner as a
48-16    private employer, insurer, or association.
48-17          (g)  In administering and enforcing Chapter 501, the director
48-18    shall act in the capacity of insurer.  (effective for dates of
48-19    injury on or after September 1, 1995.)
48-20                (1)  The director shall act as an adversary before the
48-21    department [commission] and courts and present the legal defenses
48-22    and positions of the state as an insurer.
48-23                (2)  For purposes of this subsection and Chapter 501,
48-24    the director is entitled to legal counsel of the attorney general.
48-25                (3)  The director is subject to the rules, orders, and
48-26    decisions of the department [commission] in the same manner as an
48-27    insurer or association.
48-28          (j)  The director shall furnish copies of all rules to the
48-29    commissioner [commission] and to the administrative heads of all
48-30    state agencies affected by this chapter and Chapter 501.
48-31          SECTION 3.205.  Section 413.001, Labor Code, is amended to
48-32    read as follows:
48-33          Sec. 413.001.  DEFINITION.  In this chapter, "division" means
48-34    the division of medical review of the department [commission].
48-35          SECTION 3.206.  Section 413.002, Labor Code, is amended to
48-36    read as follows:
48-37          Sec. 413.002.  DIVISION OF MEDICAL REVIEW.  (a)  The
48-38    department [commission] shall maintain a division of medical review
48-39    to ensure compliance with the rules and to implement this chapter
48-40    under the policies adopted by the department [commission].
48-41          (b)  The division shall monitor health care providers,
48-42    insurance carriers, and workers' compensation claimants who receive
48-43    medical services to ensure the compliance of those persons with
48-44    rules adopted by the commissioner [commission] relating to health
48-45    care, including medical policies and fee guidelines.
48-46          (c)  In monitoring health care providers who serve as
48-47    designated doctors under Chapter 408, the division shall evaluate
48-48    the compliance of those providers with this subtitle and with rules
48-49    adopted by the commissioner [commission] relating to medical
48-50    policies, fee guidelines, and impairment ratings.
48-51          SECTION 3.207.  Section 413.003, Labor Code, is amended to
48-52    read as follows:
48-53          Sec. 413.003.  AUTHORITY TO CONTRACT.  The department
48-54    [commission] may contract with a private or public entity to
48-55    perform a duty or function of the division.
48-56          SECTION 3.208.  Section 413.004, Labor Code, is amended to
48-57    read as follows:
48-58          Sec. 413.004.  COORDINATION WITH PROVIDERS.  The division
48-59    shall coordinate its activities with health care providers as
48-60    necessary to perform its duties under this chapter.  The
48-61    coordination may include:
48-62                (1)  conducting educational seminars on department
48-63    [commission] rules and procedures; or
48-64                (2)  providing information to and requesting assistance
48-65    from professional peer review organizations.
48-66          SECTION 3.209.  Subsections (a), (b), and (d), Section
48-67    413.005, Labor Code, are amended to read as follows:
48-68          (a)  The medical advisory committee advises the division in
48-69    developing and administering the medical policies, fee guidelines,
 49-1    and utilization guidelines established under Section 413.011.  The
 49-2    committee shall advise the department [commission] or professional
 49-3    organization in the review and revision of medical policies and fee
 49-4    guidelines required under Section 413.012.
 49-5          (b)  The medical advisory committee is composed of members
 49-6    appointed by the commissioner [commission] as follows:
 49-7                (1)  a representative of a public health care facility;
 49-8                (2)  a representative of a private health care
 49-9    facility;
49-10                (3)  a doctor of medicine;
49-11                (4)  a doctor of osteopathic medicine;
49-12                (5)  a chiropractor;
49-13                (6)  a dentist;
49-14                (7)  a physical therapist;
49-15                (8)  a pharmacist;
49-16                (9)  a podiatrist;
49-17                (10)  an occupational therapist;
49-18                (11)  a medical equipment supplier;
49-19                (12)  a registered nurse;
49-20                (13)  a representative of employers;
49-21                (14)  a representative of employees;
49-22                (15)  a representative of an insurance carrier; and
49-23                (16)  two representatives of the general public.
49-24          (d)  The commissioner [commission] shall designate the
49-25    presiding officer of the medical advisory committee.
49-26          SECTION 3.210.  Section 413.006, Labor Code, is amended to
49-27    read as follows:
49-28          Sec. 413.006.  ADVISORY COMMITTEES.  The commissioner
49-29    [commission] may appoint advisory committees in addition to the
49-30    medical advisory committee as it considers necessary.
49-31          SECTION 3.211.  Subsections (a) and (c), Section 413.007,
49-32    Labor Code, are amended to read as follows:
49-33          (a)  The division shall maintain a statewide data base of
49-34    medical charges, actual payments, and treatment protocols that may
49-35    be used by:
49-36                (1)  the department [commission] in adopting the
49-37    medical policies and fee guidelines; and
49-38                (2)  the division in administering the medical
49-39    policies, fee guidelines, or rules.
49-40          (c)  The division shall ensure that the data base is
49-41    available for public access for a reasonable fee established by the
49-42    department [commission].  The identities of injured workers and
49-43    beneficiaries may not be disclosed.
49-44          SECTION 3.212.  Subsections (a) and (b), Section 413.008,
49-45    Labor Code, are amended to read as follows:
49-46          (a)  On request from the department [commission] for specific
49-47    information, an insurance carrier shall provide to the division any
49-48    information in its possession, custody, or control that reasonably
49-49    relates to the department's [commission's] duties under this
49-50    subtitle and to health care:
49-51                (1)  treatment;
49-52                (2)  services;
49-53                (3)  fees; and
49-54                (4)  charges.
49-55          (b)  The department [commission] shall keep confidential
49-56    information that is confidential by law.
49-57          SECTION 3.213.  Section 413.011, Labor Code, is amended to
49-58    read as follows:
49-59          Sec. 413.011.  GUIDELINES AND MEDICAL POLICIES.  (a)  The
49-60    commissioner [commission] by rule shall establish medical policies
49-61    and guidelines relating to:
49-62                (1)  fees charged or paid for medical services for
49-63    employees who suffer compensable injuries, including guidelines
49-64    relating to payment of fees for specific medical treatments or
49-65    services;
49-66                (2)  use of medical services by employees who suffer
49-67    compensable injuries; and
49-68                (3)  fees charged or paid for providing expert
49-69    testimony relating to an issue arising under this subtitle.
 50-1          (b)  Guidelines for medical services fees must be fair and
 50-2    reasonable and designed to ensure the quality of medical care and
 50-3    to achieve effective medical cost control.  The guidelines may not
 50-4    provide for payment of a fee in excess of the fee charged for
 50-5    similar treatment of an injured individual of an equivalent
 50-6    standard of living and paid by that individual or by someone acting
 50-7    on that individual's behalf.  The commissioner [commission] shall
 50-8    consider the increased security of payment afforded by this
 50-9    subtitle in establishing the fee guidelines.
50-10          (c)  Medical policies adopted by the department [commission]
50-11    must be consistent with Sections 413.013, 413.020, 413.052, and
50-12    413.053.
50-13          (d)  The commissioner [commission] by rule shall establish
50-14    medical policies relating to necessary treatments for injuries.
50-15    Medical policies shall be designed to ensure the quality of medical
50-16    care and to achieve effective medical cost control.
50-17          SECTION 3.214.  Section 413.013, Labor Code, is amended to
50-18    read as follows:
50-19          Sec. 413.013.  PROGRAMS.  The commissioner [commission] by
50-20    rule shall establish:
50-21                (1)  a program for prospective, concurrent, and
50-22    retrospective review and resolution of a dispute regarding health
50-23    care treatments and services;
50-24                (2)  a program for the systematic monitoring of the
50-25    necessity of treatments administered and fees charged and paid for
50-26    medical treatments or services, including the authorization of
50-27    prospective, concurrent, or retrospective review under the medical
50-28    policies of the department [commission] to ensure that the medical
50-29    policies or guidelines are not exceeded;
50-30                (3)  a program to detect practices and patterns by
50-31    insurance carriers in unreasonably denying authorization of payment
50-32    for medical services requested or performed if authorization is
50-33    required by the medical policies of the department [commission];
50-34    and
50-35                (4)  a program to increase the intensity of review for
50-36    compliance with the medical policies or fee guidelines for any
50-37    health care provider that has established a practice or pattern in
50-38    charges and treatments inconsistent with the medical policies and
50-39    fee guidelines.
50-40          SECTION 3.215.  Section 413.014, Labor Code, is amended to
50-41    read as follows:
50-42          Sec. 413.014.  PREAUTHORIZATION.  (a)  The commissioner
50-43    [commission] by rule shall specify which health care treatments and
50-44    services require express preauthorization by the insurance carrier.
50-45    Treatments and services for a medical emergency do not require
50-46    express preauthorization.
50-47          (b)  The insurance carrier is not liable for those specified
50-48    treatments and services unless preauthorization is sought by the
50-49    claimant or health care provider and either obtained from the
50-50    insurance carrier or ordered by the department [commission].
50-51          SECTION 3.216.  Subsection (b), Section 413.015, Labor Code,
50-52    is amended to read as follows:
50-53          (b)  The commissioner [commission] shall provide by rule for
50-54    the review and audit of the payment by insurance carriers of
50-55    charges for medical services provided under this subtitle to ensure
50-56    compliance of health care providers and insurance carriers with the
50-57    medical policies and fee guidelines adopted by the department
50-58    [commission].
50-59          SECTION 3.217.  Subsection (b), Section 413.016, Labor Code,
50-60    is amended to read as follows:
50-61          (b)  If the division determines that an insurance carrier has
50-62    paid medical charges that are inconsistent with the medical
50-63    policies or fee guidelines adopted by the department [commission],
50-64    the division shall refer the insurance carrier alleged to have
50-65    violated this subtitle to the division of compliance and practices.
50-66    If the insurance carrier reduced a charge of a health care provider
50-67    that was within the guidelines, the insurance carrier shall be
50-68    directed to submit the difference to the provider unless the
50-69    reduction is in accordance with an agreement between the health
 51-1    care provider and the insurance carrier.
 51-2          SECTION 3.218.  Section 413.017, Labor Code, is amended to
 51-3    read as follows:
 51-4          Sec. 413.017.  PRESUMPTION OF REASONABLENESS.  The following
 51-5    medical services are presumed reasonable:
 51-6                (1)  medical services consistent with the medical
 51-7    policies and fee guidelines adopted by the department [commission];
 51-8    and
 51-9                (2)  medical services that are provided subject to
51-10    prospective, concurrent, or retrospective review as required by the
51-11    medical policies of the department [commission] and that are
51-12    authorized by an insurance carrier.
51-13          SECTION 3.219.  Subsections (a), (c), (d), and (e), Section
51-14    413.018, Labor Code, are amended to read as follows:
51-15          (a)  The commissioner [commission] by rule shall provide for
51-16    the periodic review of medical care provided in claims in which
51-17    guidelines for expected or average return to work time frames are
51-18    exceeded.
51-19          (c)  The department [commission] shall implement a program to
51-20    encourage employers and treating doctors to discuss the
51-21    availability of modified duty to encourage the safe and more timely
51-22    return to work of injured employees.  The department [commission]
51-23    may require a treating or examining doctor, on the request of the
51-24    employer, insurance carrier, or department [commission], to provide
51-25    a functional capacity evaluation of an injured employee and to
51-26    determine the employee's ability to engage in physical activities
51-27    found in the workplace or in activities that are required in a
51-28    modified duty setting.
51-29          (d)  The department [commission] shall provide through the
51-30    department's [commission's] health and safety information and
51-31    medical review outreach programs information to employers regarding
51-32    effective return to work programs.  This section does not require
51-33    an employer to provide modified duty or an employee to accept a
51-34    modified duty assignment.  An employee who does not accept an
51-35    employer's offer of modified duty determined by the department
51-36    [commission] to be a bona fide job offer is subject to Section
51-37    408.103(e).
51-38          (e)  The commissioner [commission] may adopt rules and the
51-39    department may prescribe forms as necessary to implement this
51-40    section.
51-41          SECTION 3.220.  Section 413.020, Labor Code, is amended to
51-42    read as follows:
51-43          Sec. 413.020.  DEPARTMENT [COMMISSION] CHARGES.  The
51-44    commissioner [commission] by rule shall establish procedures to
51-45    enable the department [commission] to charge:
51-46                (1)  an insurance carrier a reasonable fee for access
51-47    to or evaluation of health care treatment, fees, or charges under
51-48    this subtitle; and
51-49                (2)  a health care provider who exceeds a fee or
51-50    utilization guideline established under this subtitle or an
51-51    insurance carrier who unreasonably disputes charges that are
51-52    consistent with a fee or utilization guideline established under
51-53    this subtitle a reasonable fee for review of health care treatment,
51-54    fees, or charges under this subtitle.
51-55          SECTION 3.221.  Subsections (a) and (c), Section 413.031,
51-56    Labor Code, are amended to read as follows:
51-57          (a)  A party, including a health care provider, is entitled
51-58    to a review of a medical service provided or for which
51-59    authorization of payment is sought if a health care provider is:
51-60                (1)  denied payment or paid a reduced amount for the
51-61    medical service rendered;
51-62                (2)  denied authorization for the payment for the
51-63    service requested or performed if authorization is required by the
51-64    medical policies of the department [commission]; or
51-65                (3)  ordered by the division to refund a payment
51-66    received for a medical service rendered.
51-67          (c)  A review of a medical service under this section shall
51-68    be provided by a health care provider professional review
51-69    organization if requested by the health care practitioner or if
 52-1    ordered by the department [commission].
 52-2          SECTION 3.222.  Section 413.041, Labor Code, is amended to
 52-3    read as follows:
 52-4          Sec. 413.041.  DISCLOSURE.  A health care provider who refers
 52-5    a workers' compensation claimant to another health care provider in
 52-6    which the referring provider has more than a five percent financial
 52-7    interest shall file an annual disclosure statement with the
 52-8    department [commission] as provided by commissioner [commission]
 52-9    rules and shall disclose the interest to the insurance carrier at
52-10    the time of the referral.  The referring provider shall specify the
52-11    degree of the financial interest and shall provide other
52-12    information as required by commissioner [commission] rules.
52-13          SECTION 3.223.  Section 413.044, Labor Code, is amended to
52-14    read as follows:
52-15          Sec. 413.044.  SANCTIONS ON DESIGNATED DOCTOR.  In addition
52-16    to or in lieu of an administrative penalty under Section 415.021 or
52-17    a sanction imposed under Section 415.023, the department
52-18    [commission] may impose sanctions against a person who serves as a
52-19    designated doctor under Chapter 408 who, after an evaluation
52-20    conducted under Section 413.002(c), is determined by the division
52-21    to be out of compliance with this subtitle or with rules adopted by
52-22    the commissioner [commission] relating to medical policies, fee
52-23    guidelines, and impairment ratings.
52-24          SECTION 3.224.  Section 413.051, Labor Code, is amended to
52-25    read as follows:
52-26          Sec. 413.051.  CONTRACTS WITH REVIEW ORGANIZATIONS AND HEALTH
52-27    CARE PROVIDERS.  (a)  The department [commission] may contract with
52-28    a health care provider professional review organization or other
52-29    entity to develop, maintain, or review medical policies or fee
52-30    guidelines or to review compliance with the medical policies or fee
52-31    guidelines.
52-32          (b)  For purposes of review or resolution of a dispute as to
52-33    compliance with the medical policies or fee guidelines, the
52-34    department [commission] may contract only with a health care
52-35    provider professional review organization that includes in the
52-36    review process health care practitioners who are licensed in the
52-37    category under review and are of the same field or specialty as the
52-38    category under review.
52-39          (c)  The department [commission] may contract with a health
52-40    care provider for medical consultant services, including:
52-41                (1)  independent medical examinations;
52-42                (2)  medical case reviews; or
52-43                (3)  establishment of medical policies and fee
52-44    guidelines.
52-45          SECTION 3.225.  Section 413.052, Labor Code, is amended to
52-46    read as follows:
52-47          Sec. 413.052.  PRODUCTION OF DOCUMENTS.  The commissioner
52-48    [commission] by rule shall establish procedures to enable the
52-49    department [commission] to compel the production of documents.
52-50          SECTION 3.226.  Section 413.053, Labor Code, is amended to
52-51    read as follows:
52-52          Sec. 413.053.  STANDARDS OF REPORTING AND BILLING.  The
52-53    commissioner [commission] by rule shall establish standards of
52-54    reporting and billing governing [both form and] content.
52-55          SECTION 3.227.  Subsection (a), Section 413.054, Labor Code,
52-56    is amended to read as follows:
52-57          (a)  A person who performs services for the department
52-58    [commission] as a designated doctor, an independent medical
52-59    examiner, a doctor performing a medical case review, or a member of
52-60    a peer review panel has the same immunity from liability as the
52-61    commissioner [a commission member] under Section 402.012 [402.010].
52-62          SECTION 3.228.  Subsections (a) and (b), Section 413.055,
52-63    Labor Code, are amended to read as follows:
52-64          (a)  The department [executive director], as provided by
52-65    commissioner [commission] rule, may enter an interlocutory order
52-66    for the payment of all or part of medical benefits.  The order may
52-67    address accrued benefits, future benefits, or both accrued benefits
52-68    and future benefits.
52-69          (b)  The subsequent injury fund shall reimburse an insurance
 53-1    carrier for any overpayments of benefits made under an order
 53-2    entered under Subsection (a) if the order is reversed or modified
 53-3    by final arbitration, order, or decision of the department
 53-4    [commission] or a court.  The commissioner [commission] shall adopt
 53-5    rules to provide for a periodic reimbursement schedule, providing
 53-6    for reimbursement at least annually.
 53-7          SECTION 3.229.  Subsection (a), Section 414.002, Labor Code,
 53-8    is amended to read as follows:
 53-9          (a)  The division shall monitor for compliance with
53-10    department [commission] rules, this subtitle, and other laws
53-11    relating to workers' compensation the conduct of persons subject to
53-12    this subtitle, including [other than] persons monitored by the
53-13    division of medical review.  Persons to be monitored include:
53-14                (1)  persons claiming benefits under this subtitle;
53-15                (2)  employers;
53-16                (3)  insurance carriers; and
53-17                (4)  attorneys and other representatives of parties.
53-18          SECTION 3.230.  Section 414.003, Labor Code, is amended to
53-19    read as follows:
53-20          Sec. 414.003.  COMPILATION AND USE OF INFORMATION.  (a)  The
53-21    division shall compile and maintain statistical and other
53-22    information as necessary to detect practices or patterns of conduct
53-23    by persons subject to monitoring under this chapter that:
53-24                (1)  violate this subtitle or commissioner [commission]
53-25    rules; or
53-26                (2)  otherwise adversely affect the workers'
53-27    compensation system of this state.
53-28          (b)  The department [commission] shall use the information
53-29    compiled under this section to impose appropriate penalties and
53-30    other sanctions under Chapters 415 and 416.
53-31          SECTION 3.231.  Section 414.005, Labor Code, is amended to
53-32    read as follows:
53-33          Sec. 414.005.  INVESTIGATION UNIT.  The division shall
53-34    maintain an investigation unit to conduct investigations relating
53-35    to alleged violations of this subtitle or commissioner [commission]
53-36    rules, with particular emphasis on violations of Chapters 415 and
53-37    416.
53-38          SECTION 3.232.  Section 415.001, Labor Code, is amended to
53-39    read as follows:
53-40          Sec. 415.001.  ADMINISTRATIVE VIOLATION BY REPRESENTATIVE OF
53-41    EMPLOYEE OR LEGAL BENEFICIARY.  A representative of an employee or
53-42    legal beneficiary commits an administrative violation if the person
53-43    wilfully or intentionally:
53-44                (1)  fails without good cause to attend a dispute
53-45    resolution proceeding within the department [commission];
53-46                (2)  attends a dispute resolution proceeding within the
53-47    department [commission] without complete authority or fails to
53-48    exercise authority to effectuate an agreement or settlement;
53-49                (3)  commits an act of barratry under Section 38.12,
53-50    Penal Code;
53-51                (4)  withholds from the employee's or legal
53-52    beneficiary's weekly benefits or from advances amounts not
53-53    authorized to be withheld by the department [commission];
53-54                (5)  enters into a settlement or agreement without the
53-55    knowledge, consent, and signature of the employee or legal
53-56    beneficiary;
53-57                (6)  takes a fee or withholds expenses in excess of the
53-58    amounts authorized by the department [commission];
53-59                (7)  refuses or fails to make prompt delivery to the
53-60    employee or legal beneficiary of funds belonging to the employee or
53-61    legal beneficiary as a result of a settlement, agreement, order, or
53-62    award;
53-63                (8)  violates the Texas Disciplinary Rules of
53-64    Professional Conduct of the State Bar of Texas;
53-65                (9)  misrepresents the provisions of this subtitle to
53-66    an employee, an employer, a health care provider, or a legal
53-67    beneficiary;
53-68                (10)   violates a commissioner [commission] rule; or
53-69                (11)  fails to comply with this subtitle.
 54-1          SECTION 3.233.  Section 415.002, Labor Code, is amended to
 54-2    read as follows:
 54-3          Sec. 415.002.  ADMINISTRATIVE VIOLATION BY AN INSURANCE
 54-4    CARRIER.  (a)  An insurance carrier or its representative commits
 54-5    an administrative violation if that person wilfully or
 54-6    intentionally:
 54-7                (1)  misrepresents a provision of this subtitle to an
 54-8    employee, an employer, a health care provider, or a legal
 54-9    beneficiary;
54-10                (2)  terminates or reduces benefits without
54-11    substantiating evidence that the action is reasonable and
54-12    authorized by law;
54-13                (3)  instructs an employer not to file a document
54-14    required to be filed with the department [commission];
54-15                (4)  instructs or encourages an employer to violate a
54-16    claimant's right to medical benefits under this subtitle;
54-17                (5)  fails to tender promptly full death benefits if a
54-18    legitimate dispute does not exist as to the liability of the
54-19    insurance carrier;
54-20                (6)  allows an employer, other than a self-insured
54-21    employer, to dictate the methods by which and the terms on which a
54-22    claim is handled and settled;
54-23                (7)  fails to confirm medical benefits coverage to a
54-24    person or facility providing medical treatment to a claimant if a
54-25    legitimate dispute does not exist as to the liability of the
54-26    insurance carrier;
54-27                (8)  fails, without good cause, to attend a dispute
54-28    resolution proceeding within the department [commission];
54-29                (9)  attends a dispute resolution proceeding within the
54-30    department [commission] without complete authority or fails to
54-31    exercise authority to effectuate agreement or settlement;
54-32                (10)  adjusts a workers' compensation claim in a manner
54-33    contrary to license requirements for an insurance adjuster,
54-34    including the requirements of Chapter 407, Acts of the 63rd
54-35    Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
54-36    Insurance Code), or the rules of the Texas Department [State Board]
54-37    of Insurance;
54-38                (11)  fails to process claims promptly in a reasonable
54-39    and prudent manner;
54-40                (12)  fails to initiate or reinstate benefits when due
54-41    if a legitimate dispute does not exist as to the liability of the
54-42    insurance carrier;
54-43                (13)  misrepresents the reason for not paying benefits
54-44    or terminating or reducing the payment of benefits;
54-45                (14)  dates documents to misrepresent the actual date
54-46    of the initiation of benefits;
54-47                (15)  makes a notation on a draft or other instrument
54-48    indicating that the draft or instrument represents a final
54-49    settlement of a claim if the claim is still open and pending before
54-50    the department [commission];
54-51                (16)  fails or refuses to pay benefits from week to
54-52    week as and when due directly to the person entitled to the
54-53    benefits;
54-54                (17)  fails to pay an order awarding benefits;
54-55                (18)  controverts a claim if the evidence clearly
54-56    indicates liability;
54-57                (19)  unreasonably disputes the reasonableness and
54-58    necessity of health care;
54-59                (20)  violates a commissioner [commission] rule; or
54-60                (21)  fails to comply with a provision of this
54-61    subtitle.
54-62          (b)  An insurance carrier or its representative does not
54-63    commit an administrative violation under Subsection (a)(6) by
54-64    allowing an employer to:
54-65                (1)  freely discuss a claim;
54-66                (2)  assist in the investigation and evaluation of a
54-67    claim; or
54-68                (3)  attend a proceeding of the department [commission]
54-69    and participate at the proceeding in accordance with this subtitle.
 55-1          SECTION 3.234.  Section 415.003, Labor Code, is amended to
 55-2    read as follows:
 55-3          Sec. 415.003.  ADMINISTRATIVE VIOLATION BY HEALTH CARE
 55-4    PROVIDER.  A health care provider commits an administrative
 55-5    violation if the person wilfully or intentionally:
 55-6                (1)  submits a charge for health care that was not
 55-7    furnished;
 55-8                (2)  administers improper, unreasonable, or medically
 55-9    unnecessary treatment or services;
55-10                (3)  makes an unnecessary referral;
55-11                (4)  violates the department's [commission's] fee and
55-12    treatment guidelines;
55-13                (5)  violates a commissioner [commission] rule; or
55-14                (6)  fails to comply with a provision of this subtitle.
55-15          SECTION 3.235.  Subsections (a) and (b), Section 415.0035,
55-16    Labor Code, are amended to read as follows:
55-17          (a)  An insurance carrier or its representative commits an
55-18    administrative violation if that person:
55-19                (1)  fails to submit to the department [commission] a
55-20    settlement or agreement of the parties;
55-21                (2)  fails to timely notify the department [commission]
55-22    of the termination or reduction of benefits and the reason for that
55-23    action; or
55-24                (3)  denies preauthorization in a manner that is not in
55-25    accordance with rules adopted by the commissioner [commission]
55-26    under Section 413.014.
55-27          (b)  A health care provider commits an administrative
55-28    violation if that person:
55-29                (1)  fails or refuses to timely file required reports
55-30    or records; or
55-31                (2)  fails to file with the department [commission] the
55-32    annual disclosure statement required by Section 413.041.
55-33          SECTION 3.236.  Subsection (a), Section 415.007, Labor Code,
55-34    is amended to read as follows:
55-35          (a)  An attorney who represents a claimant before the
55-36    department [commission] may not lend money to the claimant during
55-37    the pendency of the workers' compensation claim.
55-38          SECTION 3.237.  Subsection (e), Section 415.008, Labor Code,
55-39    is amended to read as follows:
55-40          (e)  If an administrative violation proceeding is pending
55-41    under this section against an employee or person claiming death
55-42    benefits, the department [commission] may not take final action on
55-43    the person's benefits.
55-44          SECTION 3.238.  Subsection (a), Section 415.010, Labor Code,
55-45    is amended to read as follows:
55-46          (a)  A party to an agreement approved by the department
55-47    [commission] commits a violation if the person knowingly breaches a
55-48    provision of the agreement.
55-49          SECTION 3.239.  Subsections (a), (b), and (c), Section
55-50    415.021, Labor Code, are amended to read as follows:
55-51          (a)  The department [commission] may assess an administrative
55-52    penalty against a person who commits an administrative violation.
55-53          (b)  The department [commission] may assess an administrative
55-54    penalty not to exceed $10,000 and may enter a cease and desist
55-55    order against a person who:
55-56                (1)  commits repeated administrative violations;
55-57                (2)  allows, as a business practice, the commission of
55-58    repeated administrative violations; or
55-59                (3)  violates an order or decision of the department
55-60    [commission].
55-61          (c)  In assessing an administrative penalty, the department
55-62    [commission] shall consider:
55-63                (1)  the seriousness of the violation, including the
55-64    nature, circumstances, consequences, extent, and gravity of the
55-65    prohibited act;
55-66                (2)  the history and extent of previous administrative
55-67    violations;
55-68                (3)  the demonstrated good faith of the violator,
55-69    including actions taken to rectify the consequences of the
 56-1    prohibited act;
 56-2                (4)  the economic benefit resulting from the prohibited
 56-3    act;
 56-4                (5)  the penalty necessary to deter future violations;
 56-5    and
 56-6                (6)  other matters that justice may require.
 56-7          SECTION 3.240.  Subsection (b), Section 415.023, Labor Code,
 56-8    is amended to read as follows:
 56-9          (b)  The commissioner [commission] may adopt rules providing
56-10    for:
56-11                (1)  a reduction or denial of fees;
56-12                (2)  public or private reprimand by the department
56-13    [commission];
56-14                (3)  suspension from practice before the department
56-15    [commission]; or
56-16                (4)  restriction, suspension, or revocation of the
56-17    right to receive reimbursement under this subtitle.
56-18          SECTION 3.241.  Section 415.024, Labor Code, is amended to
56-19    read as follows:
56-20          Sec. 415.024.  BREACH OF SETTLEMENT AGREEMENT; ADMINISTRATIVE
56-21    VIOLATION.  A material and substantial breach of a settlement
56-22    agreement that establishes a compliance plan is a Class A
56-23    administrative violation.  In determining the amount of the
56-24    penalty, the department [commission] shall consider the total
56-25    volume of claims handled by the insurance carrier.
56-26          SECTION 3.242.  Subsection (b), Section 415.032, Labor Code,
56-27    is amended to read as follows:
56-28          (b)  Not later than the 20th day after the date on which
56-29    notice is received, the charged party shall:
56-30                (1)  remit the amount of the penalty to the department
56-31    [commission]; or
56-32                (2)  submit to the department [commission] a written
56-33    request for a hearing.
56-34          SECTION 3.243.  Section 415.033, Labor Code, is amended to
56-35    read as follows:
56-36          Sec. 415.033.  FAILURE TO RESPOND.  If, without good cause, a
56-37    charged party fails to respond as required under Section 415.032,
56-38    the penalty is due and the department [commission] shall initiate
56-39    enforcement proceedings.
56-40          SECTION 3.244.  Subsection (a), Section 415.034, Labor Code,
56-41    is amended to read as follows:
56-42          (a)  On the request of the charged party or the department
56-43    [executive director], the State Office of Administrative Hearings
56-44    shall set a hearing.  The hearing shall be conducted in the manner
56-45    provided for a contested case under Chapter 2001, Government Code
56-46    (the administrative procedure law).
56-47          SECTION 3.245.  Subsections (b) and (d), Section 415.035,
56-48    Labor Code, are amended to read as follows:
56-49          (b)  If an administrative penalty is assessed, the person
56-50    charged shall:
56-51                (1)  forward the amount of the penalty to the
56-52    department [executive director] for deposit in an escrow account;
56-53    or
56-54                (2)  post with the department [executive director] a
56-55    bond for the amount of the penalty, effective until all judicial
56-56    review of the determination is final.
56-57          (d)  If the court determines that the penalty should not have
56-58    been assessed or reduces the amount of the penalty, the department
56-59    [executive director] shall:
56-60                (1)  remit the appropriate amount, plus accrued
56-61    interest, if the administrative penalty was paid; or
56-62                (2)  release the bond.
56-63          SECTION 3.246.  Section 416.001, Labor Code, is amended to
56-64    read as follows:
56-65          Sec. 416.001.  CERTAIN CAUSES OF ACTION PRECLUDED.  An action
56-66    taken by an insurance carrier under an order of the department
56-67    [commission] or recommendations of a benefit review officer under
56-68    Section 410.031, 410.032, or 410.033 may not be the basis of a
56-69    cause of action against the insurance carrier for a breach of the
 57-1    duty of good faith and fair dealing.
 57-2          SECTION 3.247.  Subsections (c) and (d), Section 417.001,
 57-3    Labor Code, are amended to read as follows:
 57-4          (c)  If a claimant receives benefits from the subsequent
 57-5    injury fund, the department [commission] is:
 57-6                (1)  considered to be the insurance carrier under this
 57-7    section for purposes of those benefits;
 57-8                (2)  subrogated to the rights of the claimant; and
 57-9                (3)  entitled to reimbursement in the same manner as
57-10    the insurance carrier.
57-11          (d)  The department [commission] shall remit money recovered
57-12    under this section to the comptroller for deposit to the credit of
57-13    the subsequent injury fund.
57-14          SECTION 3.248.  Subsection (b), Section 417.003, Labor Code,
57-15    is amended to read as follows:
57-16          (b)  An attorney who represents the claimant and is also to
57-17    represent the subrogated insurance carrier shall make a full
57-18    written disclosure to the claimant before employment as an attorney
57-19    by the insurance carrier.  The claimant must acknowledge the
57-20    disclosure and consent to the representation.  A signed copy of the
57-21    disclosure shall be furnished to all concerned parties and made a
57-22    part of the department [commission] file.  A copy of the disclosure
57-23    with the claimant's consent shall be filed with the claimant's
57-24    pleading before a judgment is entered and approved by the court.
57-25    The claimant's attorney may not receive a fee under this section to
57-26    which the attorney is otherwise entitled under an agreement with
57-27    the insurance carrier unless the attorney complies with the
57-28    requirements of this subsection.
57-29          SECTION 3.249.  Section 501.001, Labor Code, is amended to
57-30    read as follows:
57-31          Sec. 501.001.  DEFINITIONS.  In this chapter:
57-32                (1)  ["Commission" means the Texas Workers'
57-33    Compensation Commission.]
57-34                [(2)]  "Compensable injury" has the meaning assigned to
57-35    that term under Subtitle A.
57-36                (2)  "Department" means the Texas Department of
57-37    Workers' Compensation.
57-38                (3)  "Director" means the director of the State Office
57-39    of Risk Management.
57-40                (4)  "Office" means the State Office of Risk
57-41    Management.
57-42                (5)  "Employee" means a person who is:
57-43                      (A)  in the service of the state pursuant to an
57-44    election, appointment, or express oral or written contract of hire;
57-45                      (B)  paid from state funds but whose duties
57-46    require that the person work and frequently receive supervision in
57-47    a political subdivision of the state;
57-48                      (C)  a peace officer employed by a political
57-49    subdivision, while the peace officer is exercising authority
57-50    granted under Article 14.03(c), Code of Criminal Procedure; or
57-51                      (D)  a member of the state military forces, as
57-52    defined by Section 431.001, Government Code, who is engaged in
57-53    authorized training or duty.
57-54                (6)  "State agency" includes a department, board,
57-55    commission, or institution of this state.
57-56                (7)  "Board" means the risk management board.
57-57          SECTION 3.250.  Subsection (d), Section 501.026, Labor Code,
57-58    is amended to read as follows:
57-59          (d)  A person entitled to benefits under this section may
57-60    receive the benefits only if the person seeks medical attention
57-61    from a doctor for the injury not later than 48 hours after the
57-62    occurrence of the injury or after the date the person knew or
57-63    should have known the injury occurred.  The person shall comply
57-64    with the requirements of Section 409.001 by providing notice of the
57-65    injury to the department [commission] or the state agency with
57-66    which the officer or employee under Subsection (b) is associated.
57-67          SECTION 3.251.  Subsection (a), Section 501.050, Labor Code,
57-68    is amended to read as follows:
57-69          (a)  In each case appealed from the department [commission]
 58-1    to a county or district court:
 58-2                (1)  the clerk of the court shall mail to the
 58-3    department [commission]:
 58-4                      (A)  not later than the 20th day after the date
 58-5    the case is filed, a notice containing the style, number, and date
 58-6    of filing of the case; and
 58-7                      (B)  not later than the 20th day after the date
 58-8    the judgment is rendered, a certified copy of the judgment; and
 58-9                (2)  the attorney preparing the judgment shall file the
58-10    original and a copy of the judgment with the clerk.
58-11          SECTION 3.252.  Subdivision (1), Section 502.001, Labor Code,
58-12    is amended to read as follows:
58-13                (1)  "Department" means the Texas Department of
58-14    Workers' Compensation ["Commission" means the Texas Workers'
58-15    Compensation Commission].
58-16          SECTION 3.253.  The heading to Section 502.063, Labor Code,
58-17    is amended to read as follows:
58-18          Sec. 502.063.  CERTIFIED COPIES OF DEPARTMENT [COMMISSION]
58-19    DOCUMENTS.
58-20          SECTION 3.254.  Subsections (a) and (c), Section 502.063,
58-21    Labor Code, are amended to read as follows:
58-22          (a)  The department [commission] shall furnish a certified
58-23    copy of an order, award, decision, or paper on file in the
58-24    department's [commission's] office to a person entitled to the copy
58-25    on written request and payment of the fee for the copy.  The fee is
58-26    the same as that charged for similar services by the secretary of
58-27    state's office.
58-28          (c)  A fee or salary may not be paid to the commissioner or
58-29    an [a member or] employee of the department [commission] for making
58-30    a copy under Subsection (a) that exceeds the fee charged for the
58-31    copy.
58-32          SECTION 3.255.  Subsection (a), Section 502.065, Labor Code,
58-33    is amended to read as follows:
58-34          (a)  In addition to a report of an injury filed with the
58-35    department [commission] under Section 409.005(a), an institution
58-36    shall file a supplemental report that contains:
58-37                (1)  the name, age, sex, and occupation of the injured
58-38    employee;
58-39                (2)  the character of work in which the employee was
58-40    engaged at the time of the injury;
58-41                (3)  the place, date, and hour of the injury; and
58-42                (4)  the nature and cause of the injury.
58-43          SECTION 3.256.  Subsections (a) and (e), Section 502.066,
58-44    Labor Code, are amended to read as follows:
58-45          (a)  The department [commission] may require an employee who
58-46    claims to have been injured to submit to an examination by the
58-47    department [commission] or a person acting under the department's
58-48    [commission's] authority at a reasonable time and place in this
58-49    state.
58-50          (e)  The institution shall pay the fee set by the department
58-51    [commission] of a physician or chiropractor selected by the
58-52    employee under Subsection (b) or (d).
58-53          SECTION 3.257.  Subsection (a), Section 502.067, Labor Code,
58-54    is amended to read as follows:
58-55          (a)  The department [commission] may order or direct the
58-56    institution to reduce or suspend the compensation of an injured
58-57    employee who:
58-58                (1)  persists in insanitary or injurious practices that
58-59    tend to imperil or retard the employee's recovery; or
58-60                (2)  refuses to submit to medical, surgical,
58-61    chiropractic, or other remedial treatment recognized by the state
58-62    that is reasonably essential to promote the employee's recovery.
58-63          SECTION 3.258.  Section 502.068, Labor Code, is amended to
58-64    read as follows:
58-65          Sec. 502.068.  POSTPONEMENT OF HEARING.  If an injured
58-66    employee is receiving benefits under this chapter and the
58-67    institution is providing hospitalization, medical treatment, or
58-68    chiropractic care to the employee, the department [commission] may
58-69    postpone the hearing on the employee's claim.  An appeal may not be
 59-1    taken from a department [commission] order under this section.
 59-2          SECTION 3.259.  Subsection (a), Section 502.069, Labor Code,
 59-3    is amended to read as follows:
 59-4          (a)  In each case appealed from the department [commission]
 59-5    to a county or district court:
 59-6                (1)  the clerk of the court shall mail to the
 59-7    department [commission]:
 59-8                      (A)  not later than the 20th day after the date
 59-9    the case is filed, a notice containing the style, number, and date
59-10    of filing of the case; and
59-11                      (B)  not later than the 20th day after the date
59-12    the judgment is rendered, a certified copy of the judgment; and
59-13                (2)  the attorney preparing the judgment shall file the
59-14    original and a copy of the judgment with the clerk.
59-15          SECTION 3.260.  Subdivision (1), Section 503.001, Labor Code,
59-16    is amended to read as follows:
59-17                (1)  "Department" means the Texas Department of
59-18    Workers' Compensation ["Commission" means the Texas Workers'
59-19    Compensation Commission].
59-20          SECTION 3.261.  The heading to Section 503.063, Labor Code,
59-21    is amended to read as follows:
59-22          Sec. 503.063.  CERTIFIED COPIES OF DEPARTMENT [COMMISSION]
59-23    DOCUMENTS.
59-24          SECTION 3.262.  Subsections (a) and (c), Section 503.063,
59-25    Labor Code, are amended to read as follows:
59-26          (a)  The department [commission] shall furnish a certified
59-27    copy of an order, award, decision, or paper on file in the
59-28    department's [commission's] office to a person entitled to the copy
59-29    on written request and payment of the fee for the copy.  The fee is
59-30    the same as that charged for similar services by the secretary of
59-31    state's office.
59-32          (c)  A fee or salary may not be paid to the commissioner or
59-33    an [a member or] employee of the department [commission] for making
59-34    a copy under Subsection (a) that exceeds the fee charged for the
59-35    copy.
59-36          SECTION 3.263.  Subsection (a), Section 503.065, Labor Code,
59-37    is amended to read as follows:
59-38          (a)  In addition to a report of an injury filed with the
59-39    department [commission] under Section 409.005(a), an institution
59-40    shall file a supplemental report that contains:
59-41                (1)  the name, age, sex, and occupation of the injured
59-42    employee;
59-43                (2)  the character of work in which the employee was
59-44    engaged at the time of the injury;
59-45                (3)  the place, date, and hour of the injury; and
59-46                (4)  the nature and cause of the injury.
59-47          SECTION 3.264.  Subsections (a) and (e), Section 503.066,
59-48    Labor Code, are amended to read as follows:
59-49          (a)  The department [commission] may require an employee who
59-50    claims to have been injured to submit to an examination by the
59-51    department [commission] or a person acting under the department's
59-52    [commission's] authority at a reasonable time and place in this
59-53    state.
59-54          (e)  The institution shall pay the fee, as set by the
59-55    department [commission], of a physician selected by the employee
59-56    under Subsection (b) or (d).
59-57          SECTION 3.265.  Subsection (a), Section 503.067, Labor Code,
59-58    is amended to read as follows:
59-59          (a)  The department [commission] may order or direct the
59-60    institution to reduce or suspend the compensation of an injured
59-61    employee who:
59-62                (1)  persists in insanitary or injurious practices that
59-63    tend to imperil or retard the employee's recovery; or
59-64                (2)  refuses to submit to medical, surgical, or other
59-65    remedial treatment recognized by the state that is reasonably
59-66    essential to promote the employee's recovery.
59-67          SECTION 3.266.  Section 503.068, Labor Code, is amended to
59-68    read as follows:
59-69          Sec. 503.068.  POSTPONEMENT OF HEARING.  If an injured
 60-1    employee is receiving benefits under this chapter and the
 60-2    institution is providing hospitalization or medical treatment to
 60-3    the employee, the department [commission] may postpone the hearing
 60-4    on the employee's claim.  An appeal may not be taken from a
 60-5    department [commission] order under this section.
 60-6          SECTION 3.267.  Subsection (a), Section 503.069, Labor Code,
 60-7    is amended to read as follows:
 60-8          (a)  In each case appealed from the department [commission]
 60-9    to a county or district court:
60-10                (1)  the clerk of the court shall mail to the
60-11    department [commission]:
60-12                      (A)  not later than the 20th day after the date
60-13    the case is filed, a notice containing the style, number, and date
60-14    of filing of the case; and
60-15                      (B)  not later than the 20th day after the date
60-16    the judgment is rendered, a certified copy of the judgment; and
60-17                (2)  the attorney preparing the judgment shall file the
60-18    original and a copy of the judgment with the clerk.
60-19          SECTION 3.268.  Subsection (a), Section 503.070, Labor Code,
60-20    is amended to read as follows:
60-21          (a)  A party who does not consent to abide by the final
60-22    decision of the department [commission] shall file notice with the
60-23    department [commission] as required by Section 410.253 and bring
60-24    suit in the county in which the injury occurred to set aside the
60-25    final decision of the department [commission].
60-26          SECTION 3.269.  Subdivision (1), Section 504.001, Labor Code,
60-27    is amended to read as follows:
60-28                (1)  "Department" means the Texas Department of
60-29    Workers' Compensation ["Commission" means the Texas Workers'
60-30    Compensation Commission].
60-31          SECTION 3.270.  The heading to Section 504.018, Labor Code,
60-32    is amended to read as follows:
60-33          Sec. 504.018.  NOTICE TO DEPARTMENT [COMMISSION] AND
60-34    EMPLOYEES; EFFECT ON COMMON-LAW OR STATUTORY LIABILITY.
60-35          SECTION 3.271.  Subsection (a), Section 504.018, Labor Code,
60-36    is amended to read as follows:
60-37          (a)  A political subdivision shall notify the department
60-38    [commission] of the method by which its employees will receive
60-39    benefits, the approximate number of employees covered, and the
60-40    estimated amount of payroll.
60-41          SECTION 3.272.  The heading to Section 505.053, Labor Code,
60-42    is amended to read as follows:
60-43          Sec. 505.053.  CERTIFIED COPIES OF TEXAS DEPARTMENT OF
60-44    WORKERS' COMPENSATION [COMMISSION] DOCUMENTS.
60-45          SECTION 3.273.  Subsections (a) and (c), Section 505.053,
60-46    Labor Code, are amended to read as follows:
60-47          (a)  The Texas Department of Workers' Compensation
60-48    [commission] shall furnish a certified copy of an order, award,
60-49    decision, or paper on file in that department's [the commission's]
60-50    office to a person entitled to the copy on written request and
60-51    payment of the fee for the copy.  The fee shall be the same as that
60-52    charged for similar services by the secretary of state's office.
60-53          (c)  A fee or salary may not be paid to a person in the Texas
60-54    Department of Workers' Compensation [commission] for making the
60-55    copies that exceeds the fee charged for the copies.
60-56          SECTION 3.274.  Subsection (d), Section 505.054, Labor Code,
60-57    is amended to read as follows:
60-58          (d)  A physician designated under Subsection (c) who conducts
60-59    an examination shall file with the department a complete transcript
60-60    of the examination on a form furnished by the department.  The
60-61    department shall maintain all reports under this subsection as part
60-62    of the department's permanent records.  A report under this
60-63    subsection is admissible in evidence before the Texas Department of
60-64    Workers' Compensation [commission] and in an appeal from a final
60-65    award or ruling of that department [the commission] in which the
60-66    individual named in the examination is a claimant for compensation
60-67    under this chapter.  A report under this subsection that is
60-68    admitted is prima facie evidence of the facts stated in the report.
60-69          SECTION 3.275.  Section 505.055, Labor Code, is amended to
 61-1    read as follows:
 61-2          Sec. 505.055.  REPORTS OF INJURIES.  (a)  A report of an
 61-3    injury filed with the Texas Department of Workers' Compensation
 61-4    [commission] under Section 409.005, in addition to the information
 61-5    required by commissioner of workers' compensation [commission]
 61-6    rules, must contain:
 61-7                (1)  the name, age, sex, and occupation of the injured
 61-8    employee;
 61-9                (2)  the character of work in which the employee was
61-10    engaged at the time of the injury;
61-11                (3)  the place, date, and hour of the injury; and
61-12                (4)  the nature and cause of the injury.
61-13          (b)  In addition to subsequent reports of an injury filed
61-14    with the Texas Department of Workers' Compensation [commission]
61-15    under Section 409.005(i) [409.005(e)], the department shall file a
61-16    subsequent report on a form obtained for that purpose:
61-17                (1)  on the termination of incapacity of the injured
61-18    employee; or
61-19                (2)  if the incapacity extends beyond 60 days.
61-20          SECTION 3.276.  Subsections (a) and (d), Section 505.056,
61-21    Labor Code, are amended to read as follows:
61-22          (a)  The Texas Department of Workers' Compensation
61-23    [commission] may require an employee who claims to have been
61-24    injured to submit to an examination by that department [the
61-25    commission] or a person acting under the [commission's] authority
61-26    of that department at a reasonable time and place in this state.
61-27          (d)  On the request of an employee or the department, the
61-28    employee or the department is entitled to have a physician selected
61-29    by the employee or the department present to participate in an
61-30    examination under Subsection (a) or Section 408.004.  The employee
61-31    is entitled to have a physician selected by the employee present to
61-32    participate in an examination under Subsection (c).  The department
61-33    shall pay the fee set by the Texas Department of Workers'
61-34    Compensation [commission] of a physician selected by the employee
61-35    under this subsection.
61-36          SECTION 3.277.  Subsection (a), Section 505.057, Labor Code,
61-37    is amended to read as follows:
61-38          (a)  The Texas Department of Workers' Compensation
61-39    [commission] may order or direct the department to reduce or
61-40    suspend the compensation of an injured employee if the employee:
61-41                (1)  persists in insanitary or injurious practices that
61-42    tend to imperil or retard the employee's recovery; or
61-43                (2)  refuses to submit to medical, surgical, or other
61-44    remedial treatment recognized by the state that is reasonably
61-45    essential to promote the employee's recovery.
61-46          SECTION 3.278.  Section 505.058, Labor Code, is amended to
61-47    read as follows:
61-48          Sec. 505.058.  POSTPONEMENT OF HEARING.  If an injured
61-49    employee is receiving benefits under this chapter and the
61-50    department is providing hospitalization or medical treatment to the
61-51    employee, the Texas Department of Workers' Compensation
61-52    [commission] may postpone the hearing of the employee's claim.  An
61-53    appeal may not be taken from an [a commission] order of the Texas
61-54    Department of Workers' Compensation under this section.
61-55          SECTION 3.279.  Subsection (a), Section 505.059, Labor Code,
61-56    is amended to read as follows:
61-57          (a)  In each case appealed from the Texas Department of
61-58    Workers' Compensation [commission] to a county or district court:
61-59                (1)  the clerk of the court shall mail to the Texas
61-60    Department of Workers' Compensation [commission]:
61-61                      (A)  not later than the 20th day after the date
61-62    the case is filed, a notice containing the style, number, and date
61-63    of filing of the case; and
61-64                      (B)  not later than the 20th day after the date
61-65    the judgment is rendered, a certified copy of the judgment; and
61-66                (2)  the attorney preparing the judgment shall file the
61-67    original and a copy of the judgment with the clerk.
61-68                           ARTICLE 4.  REPEALER
61-69          SECTION 4.001.  The following laws are repealed:
 62-1                (1)  Section 402.063, Labor Code; and
 62-2                (2)  Subdivision (1), Subsection (a), Section 505.001,
 62-3    Labor Code.
 62-4             ARTICLE 5.  TRANSITION PROVISIONS; EFFECTIVE DATE
 62-5          SECTION 5.001.  The change in designation of the Texas
 62-6    Workers' Compensation Commission to the Texas Department of
 62-7    Workers' Compensation does not affect or impair any act done or
 62-8    taken, any rule, standard, or rate adopted, any order or
 62-9    certificate issued, or any form approved by the Texas Workers'
62-10    Compensation Commission as a state agency, or any penalty assessed
62-11    by the Texas Workers' Compensation Commission as a state agency,
62-12    before the change in designation made by this Act.
62-13          SECTION 5.002.  (a)  The Texas Workers' Compensation
62-14    Commission is abolished on the effective date of this Act.  The
62-15    term of a person who is serving on the Texas Workers' Compensation
62-16    Commission on the effective date of this Act expires on the date
62-17    the commissioner of workers' compensation is appointed and duly
62-18    qualified for office.
62-19          (b)  A person who is serving as a member or as executive
62-20    director of the Texas Workers' Compensation Commission on August
62-21    31, 2001, is not eligible for appointment as commissioner under
62-22    Section 402.004, Labor Code, as added by this Act.
62-23          SECTION 5.003.  All appropriations made by the legislature
62-24    for the use and benefit of the Texas Workers' Compensation
62-25    Commission are available for the use and benefit of the Texas
62-26    Department of Workers' Compensation.
62-27          SECTION 5.004.  The governor shall appoint the commissioner
62-28    of workers' compensation not later than December 31, 2001.
62-29          SECTION 5.005.  This Act takes effect September 1, 2001.
62-30                                 * * * * *