Texas 2011 - 82nd Regular

Texas House Bill HB625 Compare Versions

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1	1	By: Solomons (Senate Sponsor - Carona) H.B. No. 625
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	May 2, 2011, read first time and referred to Committee on State
4	4	Affairs; May 6, 2011, reported favorably by the following vote:
5	5	Yeas 9, Nays 0; May 6, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to notice of staff leasing services company workers'
11	11	compensation claim and payment information; providing an
12	12	administrative violation.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Section 91.042, Labor Code, is
15	15	amended to read as follows:
16	16	Sec. 91.042. WORKERS' COMPENSATION INSURANCE;
17	17	ADMINISTRATIVE VIOLATION.
18	18	SECTION 2. Section 91.042, Labor Code, is amended by adding
19	19	Subsections (g), (h), and (i) to read as follows:
20	20	(g) On the written request of a client company, a license
21	21	holder that elects to provide workers' compensation insurance for
22	22	assigned employees shall provide to the client company a list of:
23	23	(1) claims associated with that client company made
24	24	against the license holder's workers' compensation policy; and
25	25	(2) payments made and reserves established on each
26	26	claim.
27	27	(h) The license holder shall provide the information
28	28	described by Subsection (g) in writing from the license holder's
29	29	own records, if the license holder is a qualified self-insurer, or
30	30	from information the license holder received from the license
31	31	holder's workers' compensation insurance provider following the
32	32	license holder's request under Section 2051.151, Insurance Code,
33	33	not later than the 60th day after the date the license holder
34	34	receives the client company's written request. For purposes of
35	35	this subsection, information is considered to be provided to the
36	36	client company on the date the information is:
37	37	(1) received by the United States Postal Service; or
38	38	(2) personally delivered to the client company.
39	39	(i) A license holder that fails to comply with Subsection
40	40	(g) or (h) commits a Class D administrative violation as provided by
41	41	Section 415.011.
42	42	SECTION 3. Subchapter A, Chapter 415, Labor Code, is
43	43	amended by adding Section 415.011 to read as follows:
44	44	Sec. 415.011. NOTICE OF STAFF LEASING SERVICES COMPANY
45	45	WORKERS' COMPENSATION CLAIM AND PAYMENT INFORMATION;
46	46	ADMINISTRATIVE VIOLATION. (a) Except as provided by Subsection
47	47	(c), a staff leasing services company license holder commits a
48	48	violation if the license holder fails to provide the information
49	49	required by Sections 91.042(g) and (h).
50	50	(b) A violation under Subsection (a) is an administrative
51	51	violation.
52	52	(c) A staff leasing services company license holder does not
53	53	commit an administrative violation under this section if the
54	54	license holder requested the information required by Sections
55	55	91.042(g) and (h) from the license holder's workers' compensation
56	56	insurance provider and the provider does not provide the
57	57	information to the license holder within the required time. A
58	58	license holder shall notify the Texas Department of Insurance of a
59	59	provider's failure to comply with the requirements of Section
60	60	2051.151, Insurance Code.
61	61	SECTION 4. This Act takes effect September 1, 2011.
62	62	* * * * *