| 1 | 1 | | 84R696 KKR-D |
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| 2 | 2 | | By: Ellis S.B. No. 263 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to injury and occupational disease reporting requirements |
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| 8 | 8 | | for employers who do not obtain or otherwise provide workers' |
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| 9 | 9 | | compensation insurance coverage; providing an administrative |
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| 10 | 10 | | violation. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 411.032, Labor Code, is amended by |
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| 13 | 13 | | adding Subsections (a-1) and (a-2) and amending Subsections (b) and |
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| 14 | 14 | | (c) to read as follows: |
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| 15 | 15 | | (a-1) In addition to complying with Section 411.033, an |
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| 16 | 16 | | employer who does not obtain or otherwise provide workers' |
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| 17 | 17 | | compensation insurance coverage shall report to the division |
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| 18 | 18 | | regarding each injury or occupational disease described by |
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| 19 | 19 | | Subsection (a): |
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| 20 | 20 | | (1) the total cost of medical treatment paid; |
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| 21 | 21 | | (2) the number of days the employee was absent from |
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| 22 | 22 | | work; |
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| 23 | 23 | | (3) the amount of any wage replacement paid to the |
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| 24 | 24 | | employee; and |
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| 25 | 25 | | (4) the amount of any other settlement paid to the |
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| 26 | 26 | | employee. |
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| 27 | 27 | | (a-2) A report filed under Subsection (a-1) must reflect the |
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| 28 | 28 | | total payments made for each injury or occupational disease during |
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| 29 | 29 | | the one-year period following the date on which: |
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| 30 | 30 | | (1) the injury occurred; or |
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| 31 | 31 | | (2) the employer had knowledge of the occupational |
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| 32 | 32 | | disease. |
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| 33 | 33 | | (b) The commissioner shall adopt rules and prescribe the |
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| 34 | 34 | | form, [and] manner, and deadline for submission of reports filed |
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| 35 | 35 | | under this section. |
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| 36 | 36 | | (c) An employer commits an administrative violation if the |
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| 37 | 37 | | employer fails to report to the division as required under this |
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| 38 | 38 | | section [Subsection (a)] unless good cause exists, as determined by |
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| 39 | 39 | | the commissioner, for the failure. |
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| 40 | 40 | | SECTION 2. The changes in law made by this Act to Section |
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| 41 | 41 | | 411.032, Labor Code, apply only to an injury or occupational |
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| 42 | 42 | | disease that occurs on or after June 1, 2016. An injury or |
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| 43 | 43 | | occupational disease that occurs before that date is governed by |
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| 44 | 44 | | the law in effect on the date the injury or occupational disease |
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| 45 | 45 | | occurred, and the former law is continued in effect for that |
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| 46 | 46 | | purpose. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2015. |
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