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AN ACT
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relating to notice of staff leasing services company workers' |
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compensation claim and payment information; providing an |
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administrative violation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 91.042, Labor Code, is |
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amended to read as follows: |
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Sec. 91.042. WORKERS' COMPENSATION INSURANCE; |
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ADMINISTRATIVE VIOLATION. |
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SECTION 2. Section 91.042, Labor Code, is amended by adding |
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Subsections (g), (h), and (i) to read as follows: |
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(g) On the written request of a client company, a license |
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holder that elects to provide workers' compensation insurance for |
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assigned employees shall provide to the client company a list of: |
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(1) claims associated with that client company made |
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against the license holder's workers' compensation policy; and |
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(2) payments made and reserves established on each |
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claim. |
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(h) The license holder shall provide the information |
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described by Subsection (g) in writing from the license holder's |
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own records, if the license holder is a qualified self-insurer, or |
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from information the license holder received from the license |
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holder's workers' compensation insurance provider following the |
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license holder's request under Section 2051.151, Insurance Code, |
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not later than the 60th day after the date the license holder |
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receives the client company's written request. For purposes of this |
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subsection, information is considered to be provided to the client |
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company on the date the information is: |
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(1) received by the United States Postal Service; or |
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(2) personally delivered to the client company. |
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(i) A license holder that fails to comply with Subsection |
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(g) or (h) commits a Class D administrative violation as provided by |
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Section 415.011. |
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SECTION 3. Subchapter A, Chapter 415, Labor Code, is |
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amended by adding Section 415.011 to read as follows: |
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Sec. 415.011. NOTICE OF STAFF LEASING SERVICES COMPANY |
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WORKERS' COMPENSATION CLAIM AND PAYMENT INFORMATION; |
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ADMINISTRATIVE VIOLATION. (a) Except as provided by Subsection |
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(c), a staff leasing services company license holder commits a |
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violation if the license holder fails to provide the information |
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required by Sections 91.042(g) and (h). |
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(b) A violation under Subsection (a) is an administrative |
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violation. |
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(c) A staff leasing services company license holder does not |
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commit an administrative violation under this section if the |
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license holder requested the information required by Sections |
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91.042(g) and (h) from the license holder's workers' compensation |
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insurance provider and the provider does not provide the |
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information to the license holder within the required time. A |
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license holder shall notify the Texas Department of Insurance of a |
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provider's failure to comply with the requirements of Section |
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2051.151, Insurance Code. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 625 was passed by the House on April |
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26, 2011, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 625 was passed by the Senate on May |
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17, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |