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  81R441 KSD-D
 
  By: Leibowitz H.B. No. 35
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reporting requirements for employers not covered by
  workers' compensation insurance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 406, Labor Code, is
  amended by adding Section 406.0045 to read as follows:
         Sec. 406.0045.  EMPLOYER REPORT TO DIVISION.  (a)  Each
  calendar year, an employer who does not obtain or otherwise provide
  workers' compensation insurance coverage shall report to the
  division each work-related injury sustained by an employee of the
  employer during the preceding year that:
               (1)  resulted in:
                     (A)  the employee being absent from one or more
  days of work;
                     (B)  a modification of the employee's work
  assignment; or
                     (C)  a medical diagnosis of a significant
  occupational injury or disease; or
               (2)  required medical treatment beyond first aid.
         (b)  The employer shall report to the division regarding each
  injury required to be reported under Subsection (a):
               (1)  the total cost of medical treatment;
               (2)  the portion of the cost of medical treatment paid
  for or provided by the employer;
               (3)  the number of days the employee was absent from
  work;
               (4)  the amount of any salary replacement paid by the
  employer; and
               (5)  the amount of any other settlement paid by the
  employer.
         (c)  The commissioner shall:
               (1)  adopt rules for the administration of this
  section; and
               (2)  prescribe forms to be used for the report required
  under this section.
         SECTION 2.  The commissioner of workers' compensation of the
  Texas Department of Insurance shall adopt rules and prescribe forms
  required by Section 406.0045, Labor Code, as added by this Act, as
  soon as practicable after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2009.