Texas 2015 - 84th Regular

Texas House Bill HB2466 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Collier, Guillen (Senate Sponsor - Eltife) H.B. No. 2466
2		-	(In the Senate - Received from the House May 7, 2015;
3		-	May 7, 2015, read first time and referred to Committee on Business
4		-	and Commerce; May 15, 2015, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 15, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2466
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the creation of a safety reimbursement program for
12	6		employers participating in the workers' compensation system.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter H, Chapter 411, Labor Code, is
15	9		amended by adding Section 411.1031 to read as follows:
16	10		Sec. 411.1031. SAFETY REIMBURSEMENT PROGRAM. (a) In this
17	11		section:
18	12		(1) "Eligible employer" means an employer, other than
19	13		this state or a political subdivision of this state subject to
20	14		Subtitle C, that has workers' compensation insurance coverage and
21	15		that:
22	16		(A) employed at least two but not more than 50
23	17		employees on each business day during the preceding calendar year;
24	18		or
25	19		(B) is a type of employer designated as eligible
26	20		to participate in the program by the commissioner.
27	21		(2) "Program" means the workers' compensation safety
28	22		reimbursement program established under this section.
29	23		(b) The commissioner shall adopt rules establishing a
30	24		safety reimbursement program designed to assist eligible employers
31	25		in the creation of safe and healthy workplaces for employees of this
32	26		state. The rules must include requirements for eligible employer
33	27		applications and appropriate use of allocated funds.
34	28		(c) The program shall reimburse an eligible employer for
35	29		expenses incurred by the employer to facilitate a safe and healthy
36	30		workplace for employees of the employer. Reimbursement under this
37	31		section to an eligible employer may not exceed $5,000 per calendar
38	32		year. Allowable expenses may include:
39	33		(1) physical modifications to the worksite;
40	34		(2) safety equipment, devices, and tools;
41	35		(3) safety training for employees; and
42	36		(4) other measures or equipment necessary to correct
43	37		identified safety hazards and protect employees from unsafe working
44	38		conditions.
45	39		(d) The commissioner by rule shall establish an optional
46	40		preauthorization plan for eligible employers that participate in
47	41		the program. The plan must require that an eligible employer submit
48	42		to the division a proposal in compliance with division rules that
49	43		describes the workplace modifications and other changes that the
50	44		employer proposes to make to facilitate a safe and healthy
51	45		workplace for employees of the employer.
52	46		(e) If the division approves an eligible employer's
53	47		proposal submitted under Subsection (d), the division shall
54	48		guarantee reimbursement of the expenses incurred by the employer in
55	49		implementing the modifications and changes approved by the division
56	50		unless the division determines that the modifications and changes
57	51		differ materially from the employer's proposal. Reimbursement
58	52		under this subsection is subject to the limit imposed under
59	53		Subsection (c).
60	54		(f) From administrative penalties collected by the
61	55		division, the commissioner shall annually deposit the first
62	56		$100,000 into the general revenue fund of the state treasury to the
63	57		credit of the Texas Department of Insurance operating account for
64	58		the purposes of funding the program. Money for the program may be
65	59		spent by the division, on appropriation by the legislature, only
66	60		for the purposes of implementing this section.
67	61		(g) An insurance company shall notify eligible employers of
68	62		the availability of the program as provided by commissioner rule.
69	63		(h) Notwithstanding Subsections (a)-(g), this section may
70	64		be implemented only to the extent funds are available.
71	65		(i) Not later than December 1, 2018, the commissioner shall
72	66		report to the governor, the lieutenant governor, the speaker of the
73	67		house of representatives, and the members of the legislature
74	68		regarding:
75	69		(1) the implementation of the program;
76	70		(2) the results of the program; and
77	71		(3) recommendations regarding the continuation of the
78	72		program, including any changes necessary to enhance the
79	73		effectiveness of the program.
80	74		(j) This section expires September 1, 2019.
81	75		SECTION 2. (a) As soon as practicable after the effective
82	76		date of this Act, the commissioner of workers' compensation shall
83	77		adopt rules necessary to implement the workers' compensation safety
84	78		reimbursement program established under Section 411.1031, Labor
85	79		Code, as added by this Act.
86	80		(b) The division of workers' compensation of the Texas
87	81		Department of Insurance shall implement the workers' compensation
88	82		safety reimbursement program established under Section 411.1031,
89	83		Labor Code, as added by this Act, beginning January 1, 2016.
90	84		(c) An eligible employer may not receive reimbursement
91	85		under Section 411.1031, Labor Code, as added by this Act, for costs
92	86		incurred before January 1, 2016.
93	87		SECTION 3. This Act takes effect September 1, 2015.
94		-	* * * * *
	88	+	______________________________ ______________________________
	89	+	President of the Senate Speaker of the House
	90	+	I certify that H.B. No. 2466 was passed by the House on May 6,
	91	+	2015, by the following vote: Yeas 99, Nays 42, 2 present, not
	92	+	voting.
	93	+	______________________________
	94	+	Chief Clerk of the House
	95	+	I certify that H.B. No. 2466 was passed by the Senate on May
	96	+	20, 2015, by the following vote: Yeas 22, Nays 8.
	97	+	______________________________
	98	+	Secretary of the Senate
	99	+	APPROVED: _____________________
	100	+	Date
	101	+	_____________________
	102	+	Governor