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By:  Van de Putte                                                         S.B. No. 101



A BILL TO BE ENTITLED

AN ACT

relating to a prohibition on certain employment or representation 
by members or employees of the Texas Workers' Compensation 
Commission and the State Office of Administrative Hearings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 402, Labor Code, is 
amended by adding Section 402.046 to read as follows:
	Sec. 402.046.  PROHIBITION ON CERTAIN EMPLOYMENT OR 
REPRESENTATION.  (a)  This section applies only to:
		(1)  a commissioner;                                                   
		(2)  a commission employee whose official 
responsibilities involve the determination of a workers' 
compensation claim or the adjudication under Chapter 410 of a 
dispute involving a workers' compensation claim or who is 
designated an ombudsman under Chapter 409; and
		(3)  an employee of the State Office of Administrative 
Hearings involved in hearing workers' compensation cases.
	(b)  A person subject to this section may not:                          
		(1)  be employed by an insurance company engaged in the 
business of writing workers' compensation insurance coverage in 
this state;  or
		(2)  represent a person before the commission or State 
Office of Administrative Hearings or a court in a matter:
			(A)  in which the person was personally involved 
while associated with the commission or State Office of 
Administrative Hearings; or
			(B)  that was within the person's official 
responsibility while the person was associated with the commission 
or State Office of Administrative Hearings.
	(c)  The prohibition under Subsection (b)(1) applies until 
the:       
		(1)  second anniversary of the date a commissioner 
ceases to serve as a commissioner;  and
		(2)  first anniversary of the date an employee's 
employment with the commission or State Office of Administrative 
Hearings ceases.
	(d)  The prohibition under Subsection (b)(2) applies while a 
person is associated with the commission or State Office of 
Administrative Hearings and at any time after.
	SECTION 2.  This Act takes effect September 1, 2003.