81R443 KSD-F
By: Leibowitz H.B. No. 33
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements for employers not covered by
workers' compensation insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 406.004(a), Labor Code, is amended to
read as follows:
(a) An employer who does not obtain workers' compensation
insurance coverage shall:
(1) notify the division in writing, in the time and as
prescribed by commissioner rule, that the employer elects not to
obtain coverage; and
(2) provide to the division in conjunction with the
notification required by Subdivision (1) and in accordance with
rules prescribed by the commissioner:
(A) data relating to each work-related injury
sustained by an employee of the employer and any related benefits
paid to the employee by the employer; and
(B) certification that the employer will not,
before the 10th day after the date of the accrual of an employee's
cause of action against the employer to recover damages for
personal injury or death sustained by the employee in the course and
scope of the employee's employment, enter into a contract with the
employee that affects a procedural or substantive right of the
employee to recover damages in that action.
SECTION 2. The commissioner of workers' compensation of the
Texas Department of Insurance shall adopt rules under Section
406.004(a), Labor Code, as amended by this Act, as soon as
practicable after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2009.