By: Solomons H.B. No. 2774
A BILL TO BE ENTITLED
AN ACT
relating to the credits and debits of the subsequent injury fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 403.006, Labor Code, is amended to read
as follows:
Sec. 403.006. SUBSEQUENT INJURY FUND
Sec. 403.006, Labor Code, is amended to read as follows:
(a) The subsequent injury fund is a special fund in the
state treasury.
(b) The subsequent injury fund is liable for:
(1) the payment of compensation as provided by Section
408.162;
(2) reimbursement of insurance carrier claims of
overpayment of benefits made under an interlocutory order or
decision of the commission as provided by this subtitle, consistent
with the priorities established by rule by the commission;
(3) reimbursement of insurance carrier claims as
provided by Sections 408.042 and 413.0141, consistent with the
priorities established by rule by the commission; and
(4) the payment of an assessment of feasibility and
the development of regional networks established under Section
408.0221.
(c) The executive director shall appoint an administrator
for the subsequent injury fund.
(d) Based on an actuarial assessment of the funding
available under Section 403.007(e), the commission may make partial
payment of insurance carrier claims under Subsection (b)(3).
(e) The commission and the Texas Department of Health shall
enter into a memorandum of understanding for the purpose of
determining if death certificates have been submitted for any
recipient of benefits under Subsection (b)(1). This determination
shall be done annually.
SECTION 2. Section 403.007, Labor Code, is amended to read
as follows:
Sec. 403.007. FUNDING OF SUBSEQUENT INJURY FUND
(a) If a compensable death occurs and no legal beneficiary
survives or a claim for death benefits is not timely made, the
insurance carrier shall pay to the commission for deposit to the
credit of the subsequent injury fund an amount equal to 401 [364]
weeks of the death benefits otherwise payable.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The change in law made by Section 2 of this Act applies
only to a death benefit due the subsequent injury fund that results
from a death that occurs on or after September 1, 2003. A benefit
that results from a death occurring before September 1, 2003 is
governed by the law in effect on the date the death occurred, and
the former law is continued in effect for that purpose.