1 | 1 | | 81R443 KSD-F |
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2 | 2 | | By: Leibowitz H.B. No. 33 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to certain requirements for employers not covered by |
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8 | 8 | | workers' compensation insurance. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 406.004(a), Labor Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a) An employer who does not obtain workers' compensation |
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13 | 13 | | insurance coverage shall: |
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14 | 14 | | (1) notify the division in writing, in the time and as |
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15 | 15 | | prescribed by commissioner rule, that the employer elects not to |
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16 | 16 | | obtain coverage; and |
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17 | 17 | | (2) provide to the division in conjunction with the |
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18 | 18 | | notification required by Subdivision (1) and in accordance with |
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19 | 19 | | rules prescribed by the commissioner: |
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20 | 20 | | (A) data relating to each work-related injury |
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21 | 21 | | sustained by an employee of the employer and any related benefits |
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22 | 22 | | paid to the employee by the employer; and |
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23 | 23 | | (B) certification that the employer will not, |
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24 | 24 | | before the 10th day after the date of the accrual of an employee's |
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25 | 25 | | cause of action against the employer to recover damages for |
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26 | 26 | | personal injury or death sustained by the employee in the course and |
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27 | 27 | | scope of the employee's employment, enter into a contract with the |
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28 | 28 | | employee that affects a procedural or substantive right of the |
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29 | 29 | | employee to recover damages in that action. |
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30 | 30 | | SECTION 2. The commissioner of workers' compensation of the |
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31 | 31 | | Texas Department of Insurance shall adopt rules under Section |
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32 | 32 | | 406.004(a), Labor Code, as amended by this Act, as soon as |
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33 | 33 | | practicable after the effective date of this Act. |
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34 | 34 | | SECTION 3. This Act takes effect September 1, 2009. |
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