| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the assessment of administrative penalties under the |
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| 6 | 8 | | Texas Workers' Compensation Act. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 415.021, Labor Code, is amended by |
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| 9 | 11 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 10 | 12 | | follows: |
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| 11 | 13 | | (c) In assessing an administrative penalty: |
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| 12 | 14 | | (1) the commissioner shall consider: |
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| 13 | 15 | | (A) the seriousness of the violation, including |
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| 14 | 16 | | the nature, circumstances, consequences, extent, and gravity of the |
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| 15 | 17 | | prohibited act; |
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| 16 | 18 | | (B) the history and extent of previous |
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| 17 | 19 | | administrative violations; |
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| 18 | 20 | | (C) the demonstrated good faith of the violator, |
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| 19 | 21 | | including actions taken to rectify the consequences of the |
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| 20 | 22 | | prohibited act; |
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| 21 | 23 | | (D) the penalty necessary to deter future |
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| 22 | 24 | | violations; [and] |
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| 23 | 25 | | (E) whether the administrative violation has |
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| 24 | 26 | | negative impact on the delivery of benefits to an injured employee; |
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| 25 | 27 | | (F) the history of compliance with electronic |
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| 26 | 28 | | data interchange requirements; and |
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| 27 | 29 | | (G) other matters that justice may require; and |
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| 28 | 30 | | (2) the commissioner shall, to the extent reasonable, |
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| 29 | 31 | | consider the economic benefit resulting from the prohibited act. |
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| 30 | 32 | | (c-1) The commissioner shall adopt rules that require the |
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| 31 | 33 | | division, in the assessment of an administrative penalty against a |
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| 32 | 34 | | person, to communicate to the person information about the penalty, |
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| 33 | 35 | | including: |
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| 34 | 36 | | (1) the relevant statute or rule violated; |
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| 35 | 37 | | (2) the conduct that gave rise to the violation; and |
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| 36 | 38 | | (3) the factors considered in determining the penalty. |
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| 37 | 39 | | SECTION 2. Section 415.021(c), Labor Code, as amended by |
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| 38 | 40 | | this Act, applies only to an administrative violation that occurs |
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| 39 | 41 | | on or after the effective date of this Act. |
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| 40 | 42 | | SECTION 3. The commissioner of workers' compensation shall |
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| 41 | 43 | | adopt rules under Section 415.021(c-1), Labor Code, as added by |
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| 42 | 44 | | this Act, as soon as practicable after the effective date of this |
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| 43 | 45 | | Act. |
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| 44 | 46 | | SECTION 4. This Act takes effect September 1, 2017. |
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| 45 | | - | ______________________________ ______________________________ |
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| 46 | | - | President of the Senate Speaker of the House |
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| 47 | | - | I hereby certify that S.B. No. 1895 passed the Senate on |
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| 48 | | - | April 26, 2017, by the following vote: Yeas 31, Nays 0. |
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| 49 | | - | ______________________________ |
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| 50 | | - | Secretary of the Senate |
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| 51 | | - | I hereby certify that S.B. No. 1895 passed the House on |
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| 52 | | - | May 17, 2017, by the following vote: Yeas 143, Nays 0, two |
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| 53 | | - | present not voting. |
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| 54 | | - | ______________________________ |
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| 55 | | - | Chief Clerk of the House |
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| 56 | | - | Approved: |
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| 57 | | - | ______________________________ |
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| 58 | | - | Date |
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| 59 | | - | ______________________________ |
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| 60 | | - | Governor |
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