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By:  Farabee                                                      H.B. No. 3085



A BILL TO BE ENTITLED

AN ACT

relating to disclosure of information in investigation files of the 
Texas Workers' Compensation Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 402.092, Labor Code, is amended by 
adding Subsection (a)(5) to read as follows:
	(a)  Information maintained in the investigation files of 
the commission is confidential and may not be disclosed except:
		(1)  in a criminal proceeding;                                                
		(2)  in a hearing conducted by the commission;                                
		(3)  on a judicial determination of good cause; or                            
		(4)  to a governmental agency, political subdivision, 
or regulatory body if the disclosure is necessary or proper for the 
enforcement of the laws of this or another state or of the United 
States[.];
		(5)  to an insurance carrier, at the discretion of the 
commission, if:
			(A)  the investigation files are maintained by the 
Investigation Unit pursuant to §414.005 of this title;
			(B)  the investigation files involve a felony 
criminal investigation or an order of restitution issued by the 
commission; and 
			(C)  any information made confidential pursuant 
to §§413.0513 and 413.0514 of this title is not disclosed.
	(b)  Commission investigation files are not open records for 
purposes of Chapter 552, Government Code.
	(c)  Information in an investigation file that is 
information in or derived from a claim file, or an employer injury 
report or occupational disease report, is governed by the 
confidentiality provisions relating to that information.
	(d)  For purposes of this section, "investigation file" 
means any information compiled or maintained by the commission with 
respect to a commission investigation authorized by law.
	(e)  The commission, upon request, shall disclose the 
identity of a complainant under this section if the commission 
finds:
		(1)  the complaint was groundless or made in bad faith; 
or                  
		(2)  the complaint lacks any basis in fact or evidence; 
or                  
		(3)  the complaint is frivolous; or                                           
		(4)  the complaint is done specifically for competitive 
or economic advantage.
	(f)  Upon completion of an investigation where the 
commission determines a complaint is groundless, frivolous, made in 
bad faith, or is not supported by evidence or is done specifically 
for competitive or economic advantage the commission shall notify 
the person who was the subject of the complaint of its finding and 
the identity of the complainant.
	(g)  Notwithstanding the disclosure provisions of 
subsections (a)(1), (2), (4), and (5), (e), and (f), the commission 
may not release information maintained in the commission's 
investigation files if releasing such information would violate a 
privilege held by or a confidentiality requirement imposed on a 
state agency from which the information was obtained.
	SECTION 2.  This Act takes effect September 1, 2005 and 
applies to information maintained in investigation files of the 
Texas Workers' Compensation Commission without regard to the date 
the information is collected, compiled, developed, or otherwise 
becomes part of the investigation file.