83R4992 KKR-F
By: Huffman S.B. No. 926
A BILL TO BE ENTITLED
AN ACT
relating to confidential and privileged communications between an
insurance carrier and an employer under the Texas Workers'
Compensation Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 409, Labor Code, is
amended by adding Section 409.025 to read as follows:
Sec. 409.025. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS.
(a) For purposes of this section, a reference to the insurance
carrier or employer includes the insurance carrier's or employer's
attorneys, consultants, sureties, indemnitors, employees,
third-party administrators, and other agents.
(b) Communications between an insurance carrier and an
employer are confidential and privileged if the communications are:
(1) in furtherance of the employer's rights under
Chapter 408, 409, or 410;
(2) in anticipation of an administrative or judicial
proceeding, including material prepared or mental impressions
developed in anticipation of the proceeding; or
(3) for the purpose of facilitating the provision of
professional services by the insurance carrier to the employer.
(c) An insurance carrier or employer may not disclose and
may prevent the disclosure of communications described by
Subsection (b).
(d) In a judicial proceeding between the insurance carrier
and employer, a communication described by Subsection (b) made by
an insurance carrier or an employer is not privileged and may be
offered as evidence.
(e) Chapter 552, Government Code, does not apply to a record
of a communication described by Subsection (b).
SECTION 2. Section 409.025, Labor Code, as added by this
Act, applies to communications between an insurance carrier and an
employer made before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2013.