78R7637 PB-F
By: Laubenberg H.B. No. 3533
A BILL TO BE ENTITLED
AN ACT
relating to the operation and regulation of the workers'
compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. MISUSE OF COMMISSION NAME
SECTION 1.01. Subtitle A, Title 5, Labor Code, is amended by
adding Chapter 405 to read as follows:
CHAPTER 405. MISUSE OF COMMISSION NAME
Sec. 405.001. DEFINITIONS. (a) In this chapter:
(1) "Representation of the commission's star logo"
includes a nonexact representation that is deceptively similar to
the star logo used by the commission.
(2) "Representation of the state seal" has the meaning
assigned by Section 17.08(a)(2), Business & Commerce Code.
(b) A term or representation is "deceptively similar" for
purposes of this chapter if:
(1) a reasonable person would believe that the term or
representation is in any manner approved, endorsed, sponsored,
authorized by, the same as, or associated with the commission, this
state, or an agency of this state; or
(2) the circumstances under which the term is used
could mislead a reasonable person as to its identity.
Sec. 405.002. MISUSE OF COMMISSION NAME OR SYMBOLS
PROHIBITED. (a) Except as authorized by law, a person, in
connection with any impersonation, advertisement, solicitation,
business name, business activity, document, product, or service
made or offered by the person, may not knowingly use or cause to be
used:
(1) the words "Texas Workers' Compensation
Commission," "Workers' Compensation Commission," or "Texas
Workers' Compensation";
(2) any term using both "Texas" and "Workers'
Compensation" or any term using both "Texas" and "Workers' Comp";
(3) the initials "T.W.C.C."; or
(4) any combination or variation of the words or
initials, or any term deceptively similar to the words or initials,
described by Subdivisions (1)-(3).
(b) A person subject to Subsection (a) may not knowingly use
or cause to be used a word, term, or initials described by
Subsection (a) alone or in conjunction with:
(1) the state seal or a representation of the state
seal;
(2) a picture or map of this state; or
(3) the official logo of the commission or a
representation of the commission's star logo.
Sec. 405.003. RULES. The commission may adopt rules
relating to the regulation of the use of the commission's name and
other rules as necessary to implement this chapter.
Sec. 405.004. CIVIL PENALTY. (a) A person who violates
Section 405.002 or a rule adopted under this chapter is liable for a
civil penalty not to exceed $5,000 for each violation.
(b) The attorney general, at the request of the commission,
shall bring an action to collect a civil penalty under this section
in a district court in Travis County.
Sec. 405.005. ADMINISTRATIVE PENALTY. (a) The commission
may assess an administrative penalty against a person who violates
Section 405.002 or a rule adopted under this chapter.
(b) An administrative penalty imposed under this section:
(1) may not exceed $5,000 for each violation; and
(2) is subject to the procedural requirements adopted
for administrative penalties imposed under Section 415.021.
Sec. 405.006. INJUNCTIVE RELIEF. (a) At the request of the
commission, the attorney general or a district attorney may bring
an action in district court in Travis County to enjoin or restrain a
violation or threatened violation of this chapter on a showing that
a violation has occurred or is likely to occur.
(b) The commission may recover the costs of investigating an
alleged violation of this chapter if an injunction is issued.
Sec. 405.007. REMEDIES NOT EXCLUSIVE. The remedies
provided by this chapter are not exclusive and may be sought in any
combination determined by the commission as necessary to enforce
this chapter.
ARTICLE 2. EMPLOYER NOTICES
SECTION 2.01. Section 406.004(a), Labor Code, is amended to
read as follows:
(a) On the request of the commission, an [An] employer who
does not obtain workers' compensation insurance coverage shall
notify the commission in writing[, in the time and as prescribed by
commission rule,] that the employer elects not to obtain coverage.
SECTION 2.02. Section 406.007(a), Labor Code, is amended to
read as follows:
(a) On the request of the commission, an [An] employer who
terminates workers' compensation insurance coverage obtained under
this subtitle shall file a written notice with the commission [by
certified mail not later than the 10th day after the date on which
the employer notified the insurance carrier to terminate the
coverage]. The notice must include a statement certifying the date
that notice was provided or will be provided to affected employees
under Section 406.005.
ARTICLE 3. BENEFIT REVIEW CONFERENCE
SECTION 3.01. Section 410.025(b), Labor Code, is amended to
read as follows:
(b) On conclusion of [At the time] a benefit review
conference [is scheduled], the commission shall schedule a
contested case hearing [to be held not later than the 60th day after
the date of the benefit review conference] if the disputed issues
are not resolved at the benefit review conference.
ARTICLE 4. ACCESS TO RECORDS
SECTION 4.01. Chapter 414, Labor Code, is amended by adding
Section 414.0045 to read as follows:
Sec. 414.0045. REVIEW OF WORKERS' COMPENSATION RECORDS OF
OTHER PERSONS. (a) As required to ensure compliance with this
subtitle, the division may review the workers' compensation records
of:
(1) persons claiming benefits under this subtitle;
(2) employers; and
(3) attorneys and other representatives of parties.
(b) Each person described by Subsection (a) shall cooperate
with the division and make available to the division any records or
other necessary information.
(c) A person described by Subsection (a)(2) or (3) shall
allow the division access to the information at reasonable times at
the person's offices.
(d) This section does not apply to records maintained by an
attorney that are protected from disclosure under the
attorney-client privilege.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2003, and
applies only to a claim for workers' compensation benefits based on
a compensable injury that occurs on or after that date. A claim
based on a compensable injury that occurs before that date is
governed by the law in effect on the date that the compensable
injury occurred, and the former law is continued in effect for that
purpose.