By: Oliveira H.B. No. 4039
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain administrative penalties by
the Texas Division of Workers' Compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Labor Code Section 415.021, subsections (c) and
(d) are amended to read as follows and the following subsections are
renumbered accordingly:
(c) In assessing an administrative penalty:
(1) the commissioner shall consider:
(A) the seriousness of the violation, including
the nature, circumstances, consequences, extent, and gravity of the
prohibited act;
(B) the history and extent of previous
administrative violations;
(C) the demonstrated good faith of the violator,
including actions taken to rectify the consequences of the
prohibited act;
(D) the penalty necessary to deter future
violations; and
(E) other matters that justice may require; and
(2) the commissioner shall,
(A) to the extent reasonable, consider the
economic benefit resulting from the prohibited act;
(B) consider whether the administrative
violation has negative impact on the delivery of benefits to an
injured worker; and
(C) refrain from assessing administrative
penalties solely for failure to comply with electronic data
interchange requirements after good faith efforts to comply.
(d) The commissioner shall specifically enumerate the
relevant statute or rule, the conduct that gives rise to the
alleged violation, and how any penalties assessed by the division
were determined.
(d)(e) A penalty may be assessed only after the person
charged with an administrative violation has been given an
opportunity for a hearing under Subchapter C.
SECTION 2. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.