83R4992 KKR-F
 
  By: Sheets H.B. No. 1468
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to confidential and privileged communications between an
  insurance carrier and an employer under the Texas Workers'
  Compensation Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 409, Labor Code, is
  amended by adding Section 409.025 to read as follows:
         Sec. 409.025.  CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS.
  (a) For purposes of this section, a reference to the insurance
  carrier or employer includes the insurance carrier's or employer's
  attorneys, consultants, sureties, indemnitors, employees,
  third-party administrators, and other agents.
         (b)  Communications between an insurance carrier and an
  employer are confidential and privileged if the communications are:
               (1)  in furtherance of the employer's rights under
  Chapter 408, 409, or 410;
               (2)  in anticipation of an administrative or judicial
  proceeding, including material prepared or mental impressions
  developed in anticipation of the proceeding; or
               (3)  for the purpose of facilitating the provision of
  professional services by the insurance carrier to the employer.
         (c)  An insurance carrier or employer may not disclose and
  may prevent the disclosure of communications described by
  Subsection (b).
         (d)  In a judicial proceeding between the insurance carrier
  and employer, a communication described by Subsection (b) made by
  an insurance carrier or an employer is not privileged and may be
  offered as evidence.
         (e)  Chapter 552, Government Code, does not apply to a record
  of a communication described by Subsection (b).
         SECTION 2.  Section 409.025, Labor Code, as added by this
  Act, applies to communications between an insurance carrier and an
  employer made before, on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2013.