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A BILL TO BE ENTITLED
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AN ACT
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relating to confidential and privileged communications between an |
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insurance carrier and an employer under the Texas Workers' |
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Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 409, Labor Code, is |
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amended by adding Section 409.025 to read as follows: |
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Sec. 409.025. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS. |
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(a) For purposes of this section, a reference to the insurance |
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carrier or employer includes the insurance carrier's or employer's |
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attorneys, consultants, sureties, indemnitors, employees, |
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third-party administrators, and other agents. |
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(b) Communications between an insurance carrier and an |
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employer are confidential and privileged if the communications are: |
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(1) in furtherance of the employer's rights under |
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Chapter 408, 409, or 410; |
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(2) in anticipation of an administrative or judicial |
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proceeding, including material prepared or mental impressions |
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developed in anticipation of the proceeding; or |
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(3) for the purpose of facilitating the provision of |
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professional services by the insurance carrier to the employer. |
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(c) An insurance carrier or employer may not disclose and |
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may prevent the disclosure of communications described by |
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Subsection (b). |
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(d) In a judicial proceeding between the insurance carrier |
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and employer, a communication described by Subsection (b) made by |
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an insurance carrier or an employer is not privileged and may be |
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offered as evidence. |
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(e) Chapter 552, Government Code, does not apply to a record |
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of a communication described by Subsection (b). |
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SECTION 2. Section 409.025, Labor Code, as added by this |
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Act, applies to communications between an insurance carrier and an |
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employer made before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |