By: Taylor of Galveston S.B. No. 1895

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of certain administrative penalties by the Texas Division of Workers' Compensation.

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

SECTION 1. Labor Code Section 415.021, subsections (c) and (d) are amended to read as follows and the following subsections are renumbered accordingly:

(c) In assessing an administrative penalty:

(1) the commissioner shall consider:

(A) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the prohibited act;

(B) the history and extent of previous administrative violations;

(C) the demonstrated good faith of the violator, including actions taken to rectify the consequences of the prohibited act;

(D) the penalty necessary to deter future violations; and

(E) other matters that justice may require; and

(2) the commissioner shall,

(A) to the extent reasonable, consider the economic benefit resulting from the prohibited act.;

(B) consider whether the administrative violation has negative impact on the delivery of benefits to an injured worker; and

(C) refrain from assessing administrative penalties solely for failure to comply with electronic data interchange requirements after good faith efforts to comply.

(d) The commissioner shall specifically enumerate the relevant statute or rule, the conduct that gives rise to the alleged violation, and how any penalties assessed by the division were determined.

(d)(e) A penalty may be assessed only after the person charged with an administrative violation has been given an opportunity for a hearing under Subchapter C.

SECTION 2. 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. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.