By: Collier, Guillen (Senate Sponsor - Eltife) H.B. No. 2466
(In the Senate - Received from the House May 7, 2015;
May 7, 2015, read first time and referred to Committee on Business
and Commerce; May 15, 2015, reported favorably by the following
vote: Yeas 8, Nays 0; May 15, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a safety reimbursement program for
employers participating in the 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. (a) In this
section:
(1) "Eligible employer" means an employer, other than
this state or a political subdivision of this state subject to
Subtitle C, that has workers' compensation insurance coverage and
that:
(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.
(2) "Program" means the workers' compensation safety
reimbursement program established under this section.
(b) The commissioner shall adopt rules establishing a
safety reimbursement program designed to assist eligible employers
in the creation of safe and healthy workplaces for employees of this
state. The rules must include requirements for eligible employer
applications and appropriate use of allocated funds.
(c) The program shall reimburse an eligible employer for
expenses incurred by the employer to facilitate a safe and healthy
workplace for employees of the employer. Reimbursement under this
section to an eligible employer may not exceed $5,000 per calendar
year. Allowable expenses may include:
(1) physical modifications to the worksite;
(2) safety equipment, devices, and tools;
(3) safety training for employees; and
(4) other measures or equipment necessary to correct
identified safety hazards and protect employees from unsafe working
conditions.
(d) The commissioner by rule shall establish an optional
preauthorization plan for eligible employers that participate in
the program. The plan must require that an eligible employer submit
to the division a proposal in compliance with division rules that
describes the workplace modifications and other changes that the
employer proposes to make to facilitate a safe and healthy
workplace for employees of the employer.
(e) If the division approves an eligible employer's
proposal submitted under Subsection (d), 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).
(f) 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.
(g) An insurance company shall notify eligible employers of
the availability of the program as provided by commissioner rule.
(h) Notwithstanding Subsections (a)-(g), this section may
be implemented only to the extent funds are available.
(i) Not later than December 1, 2018, the commissioner shall
report to the governor, the lieutenant governor, the speaker of the
house of representatives, and the members of the legislature
regarding:
(1) the implementation of the program;
(2) the results of the program; and
(3) recommendations regarding the continuation of the
program, including any changes necessary to enhance the
effectiveness of the program.
(j) This section expires September 1, 2019.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the commissioner of workers' compensation shall
adopt rules necessary to implement the workers' compensation safety
reimbursement program established under Section 411.1031, Labor
Code, as added by this Act.
(b) The division of workers' compensation of the Texas
Department of Insurance shall implement the workers' compensation
safety reimbursement program established under Section 411.1031,
Labor Code, as added by this Act, beginning January 1, 2016.
(c) An eligible employer may not receive reimbursement
under Section 411.1031, Labor Code, as added by this Act, for costs
incurred before January 1, 2016.
SECTION 3. This Act takes effect September 1, 2015.
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