By: Giddings (Senate Sponsor - Watson) H.B. No. 886

(In the Senate - Received from the House March 26, 2007; April 3, 2007, read first time and referred to Committee on State Affairs; April 25, 2007, reported favorably by the following vote: Yeas 9, Nays 0; April 25, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to an optional preauthorization plan for the workers' compensation return-to-work pilot program for small employers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 413.022, Labor Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) The commissioner by rule shall establish an optional preauthorization plan for eligible employers who participate in the pilot program. To participate in the preauthorization plan, an employer must submit a proposal to the division, in the manner prescribed by the division, that describes the workplace modifications and other changes that the employer proposes to make to accommodate an injured employee's return to work. If the division approves the employer's proposal, the division shall guarantee reimbursement of the expenses incurred by the employer in implementing the modifications and changes from the account unless the division determines that the modifications and changes differ materially from the employer's proposal. Reimbursement under this subsection is subject to the limit imposed under Subsection (c).

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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