Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SB12 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hall S.B. No. 12
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to workers' compensation benefits for injuries caused by
7	7	employer-required COVID-19 vaccines and payment of those benefits.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 408, Labor Code, is
10	10	amended by adding Section 408.009 to read as follows:
11	11	Sec. 408.009. PRESUMPTION OF COMPENSABILITY FOR INJURY
12	12	CAUSED BY EMPLOYER-REQUIRED COVID-19 VACCINE. (a) In this
13	13	section, "COVID-19" means the 2019 novel coronavirus disease.
14	14	(b) An employee who suffers an injury caused by an adverse
15	15	reaction to a COVID-19 vaccine resulting in disability or death is
16	16	presumed to have suffered the injury during the course and scope of
17	17	employment if the employee was required to receive the vaccine as a
18	18	condition of employment.
19	19	SECTION 2. Section 409.021(a-3), Labor Code, is amended to
20	20	read as follows:
21	21	(a-3) An insurance carrier is not required to comply with
22	22	Subsection (a) if the claim results from an employee's disability
23	23	or death for which a presumption is claimed to be applicable under
24	24	Section 408.009 of this code or Subchapter B, Chapter 607,
25	25	Government Code, and, not later than the 15th day after the date on
26	26	which the insurance carrier received written notice of the injury,
27	27	the insurance carrier has provided the employee and the division
28	28	with a notice that describes all steps taken by the insurance
29	29	carrier to investigate the injury before the notice was given and
30	30	the evidence the carrier reasonably believes is necessary to
31	31	complete its investigation of the compensability of the
32	32	injury. The commissioner shall adopt rules as necessary to
33	33	implement this subsection.
34	34	SECTION 3. Section 415.021(c-2), Labor Code, is amended to
35	35	read as follows:
36	36	(c-2) In determining whether to assess an administrative
37	37	penalty involving a claim in which the insurance carrier provided
38	38	notice under Section 409.021(a-3), the commissioner shall consider
39	39	whether:
40	40	(1) the employee cooperated with the insurance
41	41	carrier's investigation of the claim;
42	42	(2) the employee timely authorized access to the
43	43	applicable medical records before the insurance carrier's deadline
44	44	to:
45	45	(A) begin payment of benefits; or
46	46	(B) notify the division and the employee of the
47	47	insurance carrier's refusal to pay benefits; and
48	48	(3) the insurance carrier conducted an investigation
49	49	of the claim, applied the statutory presumptions under Section
50	50	408.009 of this code or Subchapter B, Chapter 607, Government Code,
51	51	and expedited medical benefits under Section 504.055.
52	52	SECTION 4. Section 408.009, Labor Code, as added by this
53	53	Act, applies only to a claim for workers' compensation benefits
54	54	filed on or after the effective date of this Act. A claim filed
55	55	before that date is governed by the law as it existed on the date the
56	56	claim was filed, and the former law is continued in effect for that
57	57	purpose.
58	58	SECTION 5. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect on the 91st day after the last day of the
63	63	legislative session.