By: Collier H.B. No. 2466
  relating to the creation of a safety reimbursement program for
  employers in the Texas workers' compensation system.
         SECTION 1.  Subchapter H, Chapter 411, Labor Code, is
  amended by adding Section 411.1031 to read as follows:
  (a)  In this section:
               (1)  "Program" means the workers' compensation safety
  reimbursement program.
               (2)  "Eligible employer" means any employer, other than
  this state or a political subdivision subject to Subtitle C, who has
  workers' compensation insurance
  coverage and who:
                     (A)  employed at least two but not more than 50
  employees on each business day during the preceding calendar year;
                     (B)  is a type of employer designated as eligible
  to participate in the program by the commissioner.
         (b)  The commissioner shall establish by rule a safety
  reimbursement program designed to assist eligible employers in the
  creation of safe and healthy workplaces for employees of this
  state, including requirements for employer applications and
  appropriate use of allocated funds.
         (c)  The program shall reimburse an eligible employer for
  expenses incurred by the eligible employer to facilitate a safe and
  healthy workplace for employees of this state.  Reimbursement under
  this section to an eligible employer shall not exceed $5,000 per
  year.  Allowable expenses may include:
               (1)  physical modifications to the worksite;
               (2)  safety equipment, devices, or tools;
               (3)  safety training for employees; and
               (4)  other costs necessary to correct any identified
  safety hazards and protect employees from unsafe working
         (d)  The commissioner by rule shall establish an optional
  preauthorization plan for eligible employers who participate in the
  program.  To participate in the preauthorization plan, an employer
  must submit a proposal to the division, in the manner prescribed by
  the division that describes the workplace modifications and other
  changes that the employer proposes to make to facilitate a safe and
  healthy workplace for employees of this state.  If the division
  approves the employer's proposal, the division shall guarantee
  reimbursement of the expenses incurred by the employer in
  implementing the modifications and changes approved by the division
  unless the division determines that the modifications and changes
  differ materially from the employer's proposal.  Reimbursement
  under this subsection is subject to the limit imposed under
  Subsection (c).
         (e)  From administrative penalties collected by the
  division, the commissioner shall annually deposit the first
  $100,000 into the general revenue fund of the state treasury to the
  credit of the Texas Department of Insurance operating account for
  the purposes of funding the program.  Money for the program may be
  spent by the division, on appropriation by the legislature, only
  for the purposes of implementing this section.
         (f)  Notwithstanding Subsections (a)-(e), this section may
  be implemented only to the extent funds are available.
         (g)  Insurance companies shall also notify eligible
  employers of the availability of the safety reimbursement program
  as provided by commissioner rule.
         (h)  This section expires September 1, 2019.
  (a)  The program established under Section 411.1031, Labor Code, as
  added by this Act, takes effect January 1, 2016.
         (b)  Not later than December 1, 2018, the commissioner of
  workers' compensation shall report to the governor, the lieutenant
  governor, the speaker of the house of representatives, and the
  members of the legislature regarding the implementation of the
  program established by Section 411.1031, Labor Code, as added by
  this Act, and the results of the program.  The report must include
  any recommendations regarding the continuation of the program,
  including any changes required to enhance the effectiveness of the
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  Except as
  otherwise provided by this Act, if this Act does not receive the
  vote necessary for immediate effect, this Act takes effect
  September 1, 2015.