Texas 2017 - 85th Regular

Texas Senate Bill SB1496 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	85R5414 JSC-F
1	2		By: Zaffirini S.B. No. 1496
2		-	(In the Senate - Filed March 8, 2017; March 20, 2017, read
3		-	first time and referred to Committee on Business & Commerce;
4		-	April 12, 2017, reported favorably by the following vote: Yeas 9,
5		-	Nays 0; April 12, 2017, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to certain workers' compensation reporting requirements.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Section 402.066(a), Labor Code, is amended to
14	10		read as follows:
15	11		(a) The commissioner shall consider and recommend to the
16	12		legislature changes to this subtitle[, including any statutory
17	13		changes required by an evaluation conducted under Section 402.074].
18	14		SECTION 2. Section 406.007(a), Labor Code, is amended to
19	15		read as follows:
20	16		(a) An employer who terminates workers' compensation
21	17		insurance coverage obtained under this subtitle shall file a
22	18		written notice with the division [by certified mail] not later than
23	19		the 10th day after the date on which the employer notified the
24	20		insurance carrier to terminate the coverage. The notice must
25	21		include a statement certifying the date that notice was provided or
26	22		will be provided to affected employees under Section 406.005.
27	23		SECTION 3. Section 406.008(a), Labor Code, is amended to
28	24		read as follows:
29	25		(a) An insurance company that cancels a policy of workers'
30	26		compensation insurance or that does not renew the policy by the
31	27		anniversary date of the policy shall deliver notice of the
32	28		cancellation or nonrenewal to the division, and by certified mail
33	29		or in person to the employer, [and the division] not later than:
34	30		(1) the 30th day before the date on which the
35	31		cancellation or nonrenewal takes effect; or
36	32		(2) the 10th day before the date on which the
37	33		cancellation or nonrenewal takes effect if the insurance company
38	34		cancels or does not renew because of:
39	35		(A) fraud in obtaining coverage;
40	36		(B) misrepresentation of the amount of payroll
41	37		for purposes of premium calculation;
42	38		(C) failure to pay a premium when due;
43	39		(D) an increase in the hazard for which the
44	40		employer seeks coverage that results from an act or omission of the
45	41		employer and that would produce an increase in the rate, including
46	42		an increase because of a failure to comply with:
47	43		(i) reasonable recommendations for loss
48	44		control; or
49	45		(ii) recommendations designed to reduce a
50	46		hazard under the employer's control within a reasonable period; or
51	47		(E) a determination made by the commissioner of
52	48		insurance that the continuation of the policy would place the
53	49		insurer in violation of the law or would be hazardous to the
54	50		interest of subscribers, creditors, or the general public.
55	51		SECTION 4. Section 406.144(d), Labor Code, is amended to
56	52		read as follows:
57	53		(d) The hiring contractor shall send a copy of an agreement
58	54		under this section to:
59	55		(1) the hiring contractor's workers' compensation
60	56		insurance carrier; and
61	57		(2) the division, on the division's request [on filing
62	58		of the agreement with the division].
63	59		SECTION 5. Section 406.145(c), Labor Code, is amended to
64	60		read as follows:
65	61		(c) The hiring contractor shall send a copy of a joint
66	62		agreement signed under this section to:
67	63		(1) the hiring contractor's workers' compensation
68	64		insurance carrier; and
69	65		(2) the division, on the division's request [on filing
70	66		of the joint agreement with the division].
71	67		SECTION 6. Section 408.150, Labor Code, is amended to read
72	68		as follows:
73		-	Sec. 408.150. VOCATIONAL REHABILITATION. (a) ~~The~~
74		-	~~division~~ shall refer an employee to the Texas Workforce Commission
	69	+	Sec. 408.150. VOCATIONAL REHABILITATION. (a) The division
	70	+	shall refer an employee to the Texas Workforce Commission
75	71		[Department of Assistive and Rehabilitative Services] with a
76	72		recommendation for appropriate services if the division determines
77	73		that an employee could be materially assisted by vocational
78	74		rehabilitation or training in returning to employment or returning
79	75		to employment more nearly approximating the employee's preinjury
80	76		employment. [The division shall also notify insurance carriers of
81	77		the need for vocational rehabilitation or training services.] The
82	78		insurance carrier may provide vocational rehabilitation or
83	79		training services through a private provider of vocational
84	80		rehabilitation services [under Section 409.012].
85	81		(b) An employee who refuses services or refuses to cooperate
86	82		with services provided under this section by the Texas Workforce
87	83		Commission [Department of Assistive and Rehabilitative Services]
88	84		or a private provider loses entitlement to supplemental income
89	85		benefits.
90	86		SECTION 7. Section 409.010, Labor Code, is amended to read
91	87		as follows:
92	88		Sec. 409.010. INFORMATION PROVIDED TO EMPLOYEE OR LEGAL
93	89		BENEFICIARY. Immediately on receiving notice of an injury or death
94	90		from any person, the division shall send [mail] to the employee or
95	91		legal beneficiary a clear and concise description of:
96	92		(1) the services provided by:
97	93		(A) the division; and
98	94		(B) the office of injured employee counsel,
99	95		including the services of the ombudsman program;
100	96		(2) the division's procedures; and
101	97		(3) the person's rights and responsibilities under
102	98		this subtitle.
103	99		SECTION 8. Section 409.011(a), Labor Code, is amended to
104	100		read as follows:
105	101		(a) Immediately on receiving notice of an injury or death
106	102		from any person, the division shall send [mail] to the employer a
107	103		description of:
108	104		(1) the services provided by the division and the
109	105		office of injured employee counsel;
110	106		(2) the division's procedures; and
111	107		(3) the employer's rights and responsibilities under
112	108		this subtitle.
113	109		SECTION 9. Sections 409.012(b) and (c), Labor Code, are
114	110		amended to read as follows:
115	111		(b) If the division determines that an injured employee
116	112		would be assisted by vocational rehabilitation, the division shall
117	113		notify:
118	114		(1) the injured employee in writing of the services
119	115		and facilities available through the Texas Workforce Commission
120	116		[Department of Assistive and Rehabilitative Services] and private
121	117		providers of vocational rehabilitation; and
122	118		(2) the Texas Workforce Commission [Department of
123	119		Assistive and Rehabilitative Services and the affected insurance
124	120		carrier] that the injured employee has been identified as one who
125	121		could be assisted by vocational rehabilitation.
126	122		(c) The division shall cooperate with the office of injured
127	123		employee counsel, the Texas Workforce Commission [Department of
128	124		Assistive and Rehabilitative Services], and private providers of
129	125		vocational rehabilitation in the provision of services and
130	126		facilities to employees by the Texas Workforce Commission
131	127		[Department of Assistive and Rehabilitative Services].
132	128		SECTION 10. Section 409.013(b), Labor Code, is amended to
133	129		read as follows:
134	130		(b) On receipt of a report under Section 409.005, the
135	131		division shall:
136	132		(1) contact the affected employee; [by mail or by
137	133		telephone] and
138	134		(2) [shall] provide the information required under
139	135		Subsection (a) to that employee, together with any other
140	136		information that may be prepared by the office of injured employee
141	137		counsel or the division for public dissemination that relates to
142	138		the employee's situation, such as information relating to back
143	139		injuries or occupational diseases.
144	140		SECTION 11. The following provisions of the Labor Code are
145	141		repealed:
146	142		(1) Section 402.074;
147	143		(2) Section 406.144(c);
148	144		(3) Sections 406.145(b) and (d);
149	145		(4) Section 408.032;
150	146		(5) Section 408.086; and
151	147		(6) Section 409.012(d).
152	148		SECTION 12. The change in law made by this Act applies only
153	149		to a notice, agreement, description, or information required to be
154	150		sent or provided on or after the effective date of this Act.
155	151		SECTION 13. This Act takes effect immediately if it
156	152		receives a vote of two-thirds of all the members elected to each
157	153		house, as provided by Section 39, Article III, Texas Constitution.
158	154		If this Act does not receive the vote necessary for immediate
159	155		effect, this Act takes effect September 1, 2017.
160		-	* * * * *