H.B. No. 625
AN ACT
relating to notice of staff leasing services company workers'
compensation claim and payment information; providing an
administrative violation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 91.042, Labor Code, is
amended to read as follows:
Sec. 91.042. WORKERS' COMPENSATION INSURANCE;
ADMINISTRATIVE VIOLATION.
SECTION 2. Section 91.042, Labor Code, is amended by adding
Subsections (g), (h), and (i) to read as follows:
(g) On the written request of a client company, a license
holder that elects to provide workers' compensation insurance for
assigned employees shall provide to the client company a list of:
(1) claims associated with that client company made
against the license holder's workers' compensation policy; and
(2) payments made and reserves established on each
claim.
(h) The license holder shall provide the information
described by Subsection (g) in writing from the license holder's
own records, if the license holder is a qualified self-insurer, or
from information the license holder received from the license
holder's workers' compensation insurance provider following the
license holder's request under Section 2051.151, Insurance Code,
not later than the 60th day after the date the license holder
receives the client company's written request. For purposes of this
subsection, information is considered to be provided to the client
company on the date the information is:
(1) received by the United States Postal Service; or
(2) personally delivered to the client company.
(i) A license holder that fails to comply with Subsection
(g) or (h) commits a Class D administrative violation as provided by
Section 415.011.
SECTION 3. Subchapter A, Chapter 415, Labor Code, is
amended by adding Section 415.011 to read as follows:
Sec. 415.011. NOTICE OF STAFF LEASING SERVICES COMPANY
WORKERS' COMPENSATION CLAIM AND PAYMENT INFORMATION;
ADMINISTRATIVE VIOLATION. (a) Except as provided by Subsection
(c), a staff leasing services company license holder commits a
violation if the license holder fails to provide the information
required by Sections 91.042(g) and (h).
(b) A violation under Subsection (a) is an administrative
violation.
(c) A staff leasing services company license holder does not
commit an administrative violation under this section if the
license holder requested the information required by Sections
91.042(g) and (h) from the license holder's workers' compensation
insurance provider and the provider does not provide the
information to the license holder within the required time. A
license holder shall notify the Texas Department of Insurance of a
provider's failure to comply with the requirements of Section
2051.151, Insurance Code.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 625 was passed by the House on April
26, 2011, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 625 was passed by the Senate on May
17, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor