BILL ANALYSIS

H.B. 2112

By: Romero, Jr.

Business & Industry

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that certain reporting requirements pertaining to the workers' compensation division of the Texas Department of Insurance are now unnecessary and that the division could better accomplish its mission if such requirements were eliminated. H.B. 2112 seeks to address this obsolescence by eliminating certain division reporting and notification requirements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2112 amends the Labor Code to remove language specifying the means by which certain notice is filed with or delivered to, as applicable, the Texas Department of Insurance workers' compensation division regarding an employer who terminates workers' compensation insurance coverage obtained under the Texas Workers' Compensation Act or regarding an insurance company that cancels or does not renew a policy of workers' compensation insurance. The bill replaces the requirements that the division mail certain information on receiving notice of an injury to or death of an employee to the affected employee or legal beneficiary and the employer with requirements that the division send such information. The bill removes language specifying the means by which the division is required to contact an employee who is reported as injured.

H.B. 2112 repeals the requirements that an agreement or a joint agreement between an independent contractor and a hiring contractor regarding the provision of workers' compensation insurance coverage be filed with the division by personal delivery or by registered or certified mail and instead requires a hiring contractor to send a copy of an agreement or joint agreement to the division on the division's request.

H.B. 2112 removes the requirement that the division notify insurance carriers of the need for vocational rehabilitation or training services and the requirement that the division notify the affected insurance carrier if the division determines that an injured employee would be assisted by vocational rehabilitation.

H.B. 2112 repeals the authorization for a private vendor of vocational rehabilitation services to register with the division and provisions relating to the following: the implementation of a strategic management plan by the commissioner of workers' compensation, the study on interdisciplinary pain rehabilitation programs and facility accreditation requirements, and the commissioner's determination of whether any extended unemployment or underemployment is a direct result of an employee's impairment during the period that impairment income benefits or supplemental income benefits are being paid to the employee.

H.B. 2112 repeals the following provisions of the Labor Code:

· Section 402.074

· Section 406.144(c)

· Sections 406.145(b) and (d)

· Section 408.032

· Section 408.086

· Section 409.012(d)

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.