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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the office of injured |
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employee counsel under the workers' compensation program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 404.003, Labor Code, is amended to read |
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as follows: |
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Sec. 404.003. SUNSET PROVISION. The office of injured |
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employee counsel is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the office is abolished and this chapter expires September |
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1, 2017 [2011]. |
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SECTION 2. Subchapter A, Chapter 404, Labor Code, is |
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amended by adding Sections 404.007 and 404.008 to read as follows: |
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Sec. 404.007. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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RESOLUTION. (a) The office shall develop and implement a policy to |
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encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of office rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the office's |
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jurisdiction. |
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(b) The office's procedures relating to alternative dispute |
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resolution must conform, to the extent possible, to any model |
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guidelines issued by the State Office of Administrative Hearings |
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for the use of alternative dispute resolution by state agencies. |
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(c) The office shall: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) provide training as needed to implement the |
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procedures for negotiated rulemaking or alternative dispute |
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resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures. |
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(d) The office's alternative dispute resolution policy does |
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not affect the manner in which the office participates in the |
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division's administrative dispute resolution process or the |
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department's alternative dispute resolution process through the |
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office's administrative attachment to the department. |
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Sec. 404.008. COMPLAINTS. (a) The office shall maintain a |
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system to promptly and efficiently act on complaints filed with the |
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office. The office shall maintain information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and its |
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disposition. |
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(b) The office shall make information available describing |
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its procedures for complaint investigation and resolution. |
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(c) The office shall periodically notify the complaint |
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parties of the status of the complaint until final disposition. |
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SECTION 3. Section 404.101, Labor Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The office may seek and accept grant funding to enable |
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the office to perform its duties under this subtitle. This |
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subsection does not authorize the office to seek or accept payment |
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from an injured employee. |
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SECTION 4. Section 404.111(a), Labor Code, is amended to |
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read as follows: |
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(a) When assisting an injured employee, the office is |
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entitled to the same access to information related to the |
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employee's injury and workers' compensation claim as the employee |
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or any other party to the claim. [Except as otherwise provided by
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this section, the office may access information from an executive
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agency that is otherwise confidential under a law of this state if
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that information is necessary for the performance of the duties of
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the office, including information made confidential under Section
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402.091.] |
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SECTION 5. Section 402.082(b), Labor Code, is amended to |
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read as follows: |
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(b) On request from the office of injured employee counsel, |
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the [The] division shall provide [information maintained under
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Subsection (a)] to the office the identity, claim number, and |
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contact information of claimants receiving assistance from the |
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office [of injured employee counsel]. [The confidentiality
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requirements imposed under Section 402.083 apply to injury
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information maintained by the division.] |
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SECTION 6. Section 402.085(a), Labor Code, is amended to |
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read as follows: |
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(a) The division shall release information on a claim to: |
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(1) the Texas Department of Insurance for any |
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statutory or regulatory purpose, including a research purpose under |
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Chapter 405; |
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(2) a legislative committee for legislative purposes; |
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(3) a state or federal elected official requested in |
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writing to provide assistance by a constituent who qualifies to |
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obtain injury information under Section 402.084(b), if the request |
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for assistance is provided to the division; |
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(4) the attorney general or another entity that |
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provides child support services under Part D, Title IV, Social |
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Security Act (42 U.S.C. Section 651 et seq.), relating to: |
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(A) establishing, modifying, or enforcing a |
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child support or medical support obligation; or |
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(B) locating an absent parent; or |
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(5) the office of injured employee counsel for any |
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statutory or regulatory purpose that relates to a duty of that |
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office as provided by Section 404.111(a). |
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SECTION 7. Section 404.106(a), Labor Code, is amended to |
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read as follows: |
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(a) The office shall report to the governor, lieutenant |
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governor, speaker of the house of representatives, and the chairs |
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of the legislative committees with appropriate jurisdiction not |
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later than January 1 [December 1] of each odd-numbered |
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[even-numbered] year. The report must include: |
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(1) a description of the activities of the office; |
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(2) identification of any problems in the workers' |
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compensation system from the perspective of injured employees as a |
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class, as considered by the public counsel, with recommendations |
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for regulatory and legislative action; and |
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(3) an analysis of the ability of the workers' |
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compensation system to provide adequate, equitable, and timely |
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benefits to injured employees at a reasonable cost to employers. |
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SECTION 8. Section 404.111(d), Labor Code, is repealed. |
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SECTION 9. The changes in law made by this Act to Sections |
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402.082(b), 402.085(a), and 404.111, Labor Code, apply to a claim |
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for workers' compensation benefits based on a compensable injury |
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regardless of whether the injury occurred before, on, or after the |
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effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2011. |