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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain administrative penalties by |
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the Texas Division of Workers' Compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Labor Code Section 415.021, subsections (c) and |
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(d) are amended to read as follows and the following subsections are |
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renumbered accordingly: |
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(c) In assessing an administrative penalty: |
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(1) the commissioner shall consider: |
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(A) the seriousness of the violation, including |
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the nature, circumstances, consequences, extent, and gravity of the |
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prohibited act; |
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(B) the history and extent of previous |
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administrative violations; |
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(C) the demonstrated good faith of the violator, |
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including actions taken to rectify the consequences of the |
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prohibited act; |
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(D) the penalty necessary to deter future |
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violations; and |
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(E) other matters that justice may require; and |
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(2) the commissioner shall, |
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(A) to the extent reasonable, consider the |
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economic benefit resulting from the prohibited act.; |
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(B) consider whether the administrative |
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violation has negative impact on the delivery of benefits to an |
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injured worker; and |
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(C) refrain from assessing administrative |
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penalties solely for failure to comply with electronic data |
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interchange requirements after good faith efforts to comply. |
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(d) The commissioner shall specifically enumerate the |
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relevant statute or rule, the conduct that gives rise to the alleged |
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violation, and how any penalties assessed by the division were |
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determined. |
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(d)(e) A penalty may be assessed only after the person |
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charged with an administrative violation has been given an |
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opportunity for a hearing under Subchapter C. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |