84R696 KKR-D

By: Ellis S.B. No. 263

A BILL TO BE ENTITLED

AN ACT

relating to injury and occupational disease reporting requirements for employers who do not obtain or otherwise provide workers' compensation insurance coverage; providing an administrative violation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.032, Labor Code, is amended by adding Subsections (a-1) and (a-2) and amending Subsections (b) and (c) to read as follows:

(a-1) In addition to complying with Section 411.033, an employer who does not obtain or otherwise provide workers' compensation insurance coverage shall report to the division regarding each injury or occupational disease described by Subsection (a):

(1) the total cost of medical treatment paid;

(2) the number of days the employee was absent from work;

(3) the amount of any wage replacement paid to the employee; and

(4) the amount of any other settlement paid to the employee.

(a-2) A report filed under Subsection (a-1) must reflect the total payments made for each injury or occupational disease during the one-year period following the date on which:

(1) the injury occurred; or

(2) the employer had knowledge of the occupational disease.

(b) The commissioner shall adopt rules and prescribe the form, [and] manner, and deadline for submission of reports filed under this section.

(c) An employer commits an administrative violation if the employer fails to report to the division as required under this section [Subsection (a)] unless good cause exists, as determined by the commissioner, for the failure.

SECTION 2. The changes in law made by this Act to Section 411.032, Labor Code, apply only to an injury or occupational disease that occurs on or after June 1, 2016. An injury or occupational disease that occurs before that date is governed by the law in effect on the date the injury or occupational disease occurred, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2015.