By: Collier H.B. No. 2466
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a safety reimbursement program for
employers in the Texas workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Labor Code, is
amended by adding Section 411.1031 to read as follows:
Sec. 411.1031. SAFETY REIMBURSEMENT PROGRAM FOR EMPLOYERS.
(a) In this section:
(1) "Program" means the workers' compensation safety
reimbursement program.
(2) "Eligible employer" means any employer, other than
this state or a political subdivision subject to Subtitle C, who has
workers' compensation insurance
coverage and who:
(A) employed at least two but not more than 50
employees on each business day during the preceding calendar year;
or
(B) is a type of employer designated as eligible
to participate in the program by the commissioner.
(b) The commissioner shall establish by rule a safety
reimbursement program designed to assist eligible employers in the
creation of safe and healthy workplaces for employees of this
state, including requirements for employer applications and
appropriate use of allocated funds.
(c) The program shall reimburse an eligible employer for
expenses incurred by the eligible employer to facilitate a safe and
healthy workplace for employees of this state. Reimbursement under
this section to an eligible employer shall not exceed $5,000 per
year. Allowable expenses may include:
(1) physical modifications to the worksite;
(2) safety equipment, devices, or tools;
(3) safety training for employees; and
(4) other costs necessary to correct any identified
safety hazards and protect employees from unsafe working
conditions.
(d) The commissioner by rule shall establish an optional
preauthorization plan for eligible employers who participate in the
program. To participate in the preauthorization plan, an employer
must submit a proposal to the division, in the manner prescribed by
the division that describes the workplace modifications and other
changes that the employer proposes to make to facilitate a safe and
healthy workplace for employees of this state. If the division
approves the employer's proposal, the division shall guarantee
reimbursement of the expenses incurred by the employer in
implementing the modifications and changes approved by the division
unless the division determines that the modifications and changes
differ materially from the employer's proposal. Reimbursement
under this subsection is subject to the limit imposed under
Subsection (c).
(e) From administrative penalties collected by the
division, the commissioner shall annually deposit the first
$100,000 into the general revenue fund of the state treasury to the
credit of the Texas Department of Insurance operating account for
the purposes of funding the program. Money for the program may be
spent by the division, on appropriation by the legislature, only
for the purposes of implementing this section.
(f) Notwithstanding Subsections (a)-(e), this section may
be implemented only to the extent funds are available.
(g) Insurance companies shall also notify eligible
employers of the availability of the safety reimbursement program
as provided by commissioner rule.
(h) This section expires September 1, 2019.
SECTION 2. ELIGIBILITY FOR SAFETY REIMBURSEMENT PROGRAM.
(a) The program established under Section 411.1031, Labor Code, as
added by this Act, takes effect January 1, 2016.
(b) Not later than December 1, 2018, the commissioner of
workers' compensation shall report to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
members of the legislature regarding the implementation of the
program established by Section 411.1031, Labor Code, as added by
this Act, and the results of the program. The report must include
any recommendations regarding the continuation of the program,
including any changes required to enhance the effectiveness of the
program.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. Except as
otherwise provided by this Act, if this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2015.