81R441 KSD-D By: Leibowitz H.B. No. 35 A BILL TO BE ENTITLED AN ACT relating to reporting requirements for employers not covered by workers' compensation insurance. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 406, Labor Code, is amended by adding Section 406.0045 to read as follows: Sec. 406.0045. EMPLOYER REPORT TO DIVISION. (a) Each calendar year, an employer who does not obtain or otherwise provide workers' compensation insurance coverage shall report to the division each work-related injury sustained by an employee of the employer during the preceding year that: (1) resulted in: (A) the employee being absent from one or more days of work; (B) a modification of the employee's work assignment; or (C) a medical diagnosis of a significant occupational injury or disease; or (2) required medical treatment beyond first aid. (b) The employer shall report to the division regarding each injury required to be reported under Subsection (a): (1) the total cost of medical treatment; (2) the portion of the cost of medical treatment paid for or provided by the employer; (3) the number of days the employee was absent from work; (4) the amount of any salary replacement paid by the employer; and (5) the amount of any other settlement paid by the employer. (c) The commissioner shall: (1) adopt rules for the administration of this section; and (2) prescribe forms to be used for the report required under this section. SECTION 2. The commissioner of workers' compensation of the Texas Department of Insurance shall adopt rules and prescribe forms required by Section 406.0045, Labor Code, as added by this Act, as soon as practicable after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2009.