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By: Taylor of Galveston |
S.B. No. 1895 |
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(In the Senate - Filed March 10, 2017; March 23, 2017, read |
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first time and referred to Committee on Business & Commerce; |
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April 19, 2017, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 9, Nays 0; April 19, 2017, |
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sent to printer.) |
Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1895 |
By: Taylor of Galveston |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of administrative penalties under the |
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Texas Workers' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 415.021, Labor Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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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) whether the administrative violation has |
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negative impact on the delivery of benefits to an injured employee; |
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(F) the history of compliance with electronic |
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data interchange requirements; and |
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(G) other matters that justice may require; and |
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(2) the commissioner shall, to the extent reasonable, |
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consider the economic benefit resulting from the prohibited act. |
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(c-1) The commissioner shall adopt rules that require the |
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division, in the assessment of an administrative penalty against a |
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person, to communicate to the person information about the penalty, |
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including: |
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(1) the relevant statute or rule violated; |
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(2) the conduct that gave rise to the violation; and |
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(3) the factors considered in determining the penalty. |
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SECTION 2. Section 415.021(c), Labor Code, as amended by |
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this Act, applies only to an administrative violation that occurs |
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on or after the effective date of this Act. |
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SECTION 3. The commissioner of workers' compensation shall |
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adopt rules under Section 415.021(c-1), Labor Code, as added by |
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this Act, as soon as practicable after the effective date of this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2017. |
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