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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for employers not covered by |
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workers' compensation insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 406.004(a), Labor Code, is amended to |
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read as follows: |
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(a) An employer who does not obtain workers' compensation |
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insurance coverage shall: |
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(1) notify the division in writing, in the time and as |
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prescribed by commissioner rule, that the employer elects not to |
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obtain coverage; and |
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(2) provide to the division in conjunction with the |
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notification required by Subdivision (1) and in accordance with |
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rules prescribed by the commissioner: |
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(A) data relating to each work-related injury |
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sustained by an employee of the employer and any related benefits |
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paid to the employee by the employer; and |
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(B) certification that the employer will not, |
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before the 10th day after the date of the accrual of an employee's |
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cause of action against the employer to recover damages for |
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personal injury or death sustained by the employee in the course and |
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scope of the employee's employment, enter into a contract with the |
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employee that affects a procedural or substantive right of the |
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employee to recover damages in that action. |
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SECTION 2. The commissioner of workers' compensation of the |
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Texas Department of Insurance shall adopt rules under Section |
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406.004(a), Labor Code, as amended by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |