reglab/housing_qa huggingface dataset:
TX Lab Code § 405.003 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 405 - Workers' Compensation Research|Section 405.003. Funding; Maintenance Tax

Sec. 405.003.  FUNDING;  MAINTENANCE TAX.  (a)  The group's duties under this chapter are funded through the assessment of a maintenance tax collected annually from all insurance carriers, and self-insurance groups that hold certificates of approval under Chapter 407A, except governmental entities.(b)  The department shall set the rate of the maintenance tax based on the expenditures authorized and the receipts anticipated in legislative appropriations.  The tax rate for insurance companies may not exceed one-tenth of one percent of the correctly reported gross workers' compensation insurance premiums.  The tax rate for certified self-insurers may not exceed one-tenth of one percent of the total tax base of all certified self-insurers, as computed under Section 407.103(b).  The tax rate for self-insurance groups described by Subsection (a) may not exceed one-tenth of one percent of the group's gross premium for the group's retention, excluding premium collected by the group for excess insurance.(c)  The tax imposed under Subsection (a) is in addition to all other taxes imposed on those insurance carriers for workers' compensation purposes.(d)  The tax on insurance companies and on self-insurance groups described by Subsection (a) shall be assessed, collected, and paid in the same manner and at the same time as the maintenance tax established for the support of the department under Chapter 255, Insurance Code.  The tax on certified self-insurers shall be assessed, collected, and paid in the same manner and at the same time as the self-insurer maintenance tax collected under Section 407.104.(e)  Amounts received under this section shall be deposited in the general revenue fund in accordance with Section 251.004, Insurance Code, to be used:(1)  for the operation of the group's duties under this chapter; and(2)  to reimburse the general revenue fund in accordance with Section 201.052, Insurance Code.(f)  Section 403.095, Government Code, does not apply in relation to amounts received under this section or to any special account into which the amounts are deposited.|Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 1.01, eff. Oct. 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.021, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.136, eff. September 1, 2005.|
TX Lab Code § 405.004 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 405 - Workers' Compensation Research|Section 405.004. Coordination With Other State Agencies; Confidentiality

Sec. 405.004.  COORDINATION WITH OTHER STATE AGENCIES;  CONFIDENTIALITY.  (a)  As required to fulfill the group's objectives under this chapter, the group is entitled to access to the files and records of:(1)  the division;(2)  the Texas Workforce Commission;(3)  the Department of Assistive and Rehabilitative Services;(4)  the office of injured employee counsel;(5)  the State Office of Risk Management; and(6)  other appropriate state agencies.(b)  A state agency shall assist and cooperate in providing information to the group.(c)  Information that is confidential under state law is accessible to the department under rules of confidentiality and remains confidential.(d)  Except as provided by this subsection, the identity of an individual or entity selected to participate in a survey conducted by the group or who participates in such a survey is confidential and is not subject to public disclosure under Chapter 552, Government Code.  This subsection does not prohibit the identification of a workers' compensation health care network in a report card issued under Section 1305.502, Insurance Code, provided that the report card may not identify any injured employee or other individual.(e)  A working paper, including all documentary or other information, prepared or maintained by the group in performing the group's duties under this chapter or other law to conduct an evaluation and prepare a report is excepted from the public disclosure requirements of Section 552.021, Government Code.(f)  A record held by another entity that is considered to be confidential by law and that the group receives in connection with the performance of the group's functions under this chapter or another law remains confidential and is excepted from the public disclosure requirements of Section 552.021, Government Code.(g)  The commissioner of insurance shall adopt rules as necessary to establish data reporting requirements to support the research duties under this chapter.  This section may not be construed as requiring additional reporting requirements on nonsubscribing employers.|Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 1.01, eff. Oct. 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.022, eff. September 1, 2005.|
TX Lab Code § 414.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 414 - Enforcement of Compliance and Practice Requirements|Section 414.002. Monitoring Duties

Sec. 414.002.  MONITORING DUTIES.  (a)  The division shall monitor for compliance with commissioner rules, this subtitle, and other laws relating to workers' compensation the conduct of persons subject to this subtitle.  Persons to be monitored include:(1)  persons claiming benefits under this subtitle;(2)  employers;(3)  insurance carriers;(4)  attorneys and other representatives of parties; and(5)  health care providers.(b)  The division shall monitor conduct described by Sections 415.001, 415.002, and 415.003 and refer persons engaging in that conduct to the division of hearings.(c)  The division shall monitor payments made to health care providers on behalf of workers' compensation claimants who receive medical services to ensure that the payments are made on time as required by Section 408.027.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.260, eff. September 1, 2005.|
TX Lab Code § 414.003 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 414 - Enforcement of Compliance and Practice Requirements|Section 414.003. Compilation and Use of Information

Sec. 414.003.  COMPILATION AND USE OF INFORMATION.  (a)  The division shall compile and maintain statistical and other information as necessary to detect practices or patterns of conduct by persons subject to monitoring under this chapter that:(1)  violate this subtitle, commissioner rules, or a commissioner order or decision; or(2)  otherwise adversely affect the workers' compensation system of this state.(b)  The commissioner shall use the information compiled under this section to impose appropriate penalties and other sanctions under Chapters 415 and 416.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.261, eff. September 1, 2005.|
TX Lab Code § 414.004 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 414 - Enforcement of Compliance and Practice Requirements|Section 414.004. Performance Review of Insurance Carriers

Sec. 414.004.  PERFORMANCE REVIEW OF INSURANCE CARRIERS.  (a)  The division shall review regularly the workers' compensation records of insurance carriers as required to ensure compliance with this subtitle.(b)  Each insurance carrier, the carrier's agents, and those with whom the carrier has contracted to provide, review, or monitor services under this subtitle shall:(1)  cooperate with the division;(2)  make available to the division any records or other necessary information;  and(3)  allow the division access to the information at reasonable times at the person's offices.(c)  The insurance carrier, other than a governmental entity, shall pay the reasonable expenses, including travel expenses, of an auditor who audits the workers' compensation records at the office of the insurance carrier.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 414.005 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 414 - Enforcement of Compliance and Practice Requirements|Section 414.005. Investigation Unit

Sec. 414.005.  INVESTIGATION UNIT.  (a)  The division shall maintain an investigation unit to conduct investigations relating to:(1)  alleged violations of this subtitle, commissioner rules, or a commissioner order or decision, with particular emphasis on violations of Chapters 415 and 416; and(2)  alleged offenses under this subtitle, with particular emphasis on offenses under Chapter 418.(b)  As often as the commissioner considers necessary, the commissioner or the investigation unit may review the operations of a person regulated by the division, including an agent of the person performing functions regulated by the division, to determine compliance with this subtitle.(c)  The review described by Subsection (b) may include on-site visits to the person's premises.  The commissioner is not required to announce an on-site visit in advance.(d)  During an on-site visit, a person regulated by the division shall make available to the division all records relating to the person's participation in the workers' compensation system.(e)  The commissioner by rule shall prescribe the procedures to be used for both announced and unannounced on-site visits authorized under this section, including specifying the types of records subject to inspection.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.262, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 26, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 463 (H.B. 2053), Sec. 1, eff. June 9, 2017.|
TX Lab Code § 414.006 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 414 - Enforcement of Compliance and Practice Requirements|Section 414.006. Referral to Other Authorities

Sec. 414.006.  REFERRAL TO OTHER AUTHORITIES.  (a)  For further investigation or the institution of appropriate proceedings, the division may refer the persons involved in a case subject to an investigation to  other appropriate authorities, including licensing agencies, district and county attorneys, or the attorney general.(b)  The division may provide technical or litigation assistance regarding the investigation referred under Subsection (a) to the appropriate authority.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.263, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 463 (H.B. 2053), Sec. 2, eff. June 9, 2017.|
TX Lab Code § 414.007 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 414 - Enforcement of Compliance and Practice Requirements|Section 414.007. Medical Review

Sec. 414.007.  MEDICAL REVIEW.  The division shall review information concerning alleged violations of this subtitle regarding the provision of medical benefits, commissioner rules, or a commissioner order or decision, and, under Sections 414.005 and 414.006 and Chapters 415 and 416, may conduct investigations, make referrals to other authorities, and initiate administrative violation proceedings.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.264, eff. September 1, 2005.|
TX Lab Code § 416.001 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 416 - Actions Against Insurance Carrier for Breach of Duty|Section 416.001. Certain Causes of Action Precluded

Sec. 416.001.  CERTAIN CAUSES OF ACTION PRECLUDED.  An action taken by an insurance carrier under an order of the commissioner or recommendations of a benefit review officer under Section 410.031, 410.032, or 410.033 may not be the basis of a cause of action against the insurance carrier for a breach of the duty of good faith and fair dealing.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.284, eff. September 1, 2005.|
TX Lab Code § 416.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 416 - Actions Against Insurance Carrier for Breach of Duty|Section 416.002. Exemplary Damages

Sec. 416.002.  EXEMPLARY DAMAGES.  (a)  In an action against an insurance carrier for a breach of the duty of good faith and fair dealing, recovery of exemplary damages is limited to the greater of:(1)  four times the amount of actual damages;  or(2)  $250,000.(b)  An action against a governmental entity or unit or an employee of a governmental entity or unit for a breach of the duty of good faith and fair dealing is governed by Chapters 101 and 104, Civil Practice and Remedies Code.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 417.001 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 417 - Third-Party Liability|Section 417.001. Third-Party Liability

Sec. 417.001.  THIRD-PARTY LIABILITY.  (a)  An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers' compensation benefits under this subtitle.(b)  If a benefit is claimed by an injured employee or a legal beneficiary of the employee, the insurance carrier is subrogated to the rights of the injured employee and may enforce the liability of the third party in the name of the injured employee or the legal beneficiary.  The insurance carrier's subrogation interest is limited to the amount of the total benefits paid or assumed by the carrier to the employee or the legal beneficiary, less the amount by which the court reduces the judgment based on the percentage of responsibility determined by the trier of fact under Section 33.003, Civil Practice and Remedies Code, attributable to the employer.  If the recovery is for an amount greater than the amount of the insurance carrier's subrogation interest, the insurance carrier shall:(1)  reimburse itself and pay the costs from the amount recovered;  and(2)  pay the remainder of the amount recovered to the injured employee or the legal beneficiary.(c)  If a claimant receives benefits from the subsequent injury fund, the division is:(1)  considered to be the insurance carrier under this section for purposes of those benefits;(2)  subrogated to the rights of the claimant; and(3)  entitled to reimbursement in the same manner as the insurance carrier.(d)  The division shall remit money recovered under this section to the comptroller for deposit to the credit of the subsequent injury fund.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 12.13, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 204, Sec. 4.09, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.285, eff. September 1, 2005.|
TX Lab Code § 417.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 417 - Third-Party Liability|Section 417.002. Recovery in Third-Party Action

Sec. 417.002.  RECOVERY IN THIRD-PARTY ACTION.  (a)  The net amount recovered by a claimant in a third-party action shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury.(b)  Any amount recovered that exceeds the amount of the reimbursement required under Subsection (a) shall be treated as an advance against future benefits, including medical benefits, that the claimant is entitled to receive under this subtitle.(c)  If the advance under Subsection (b) is adequate to cover all future benefits, the insurance carrier is not required to resume the payment of benefits.  If the advance is insufficient, the insurance carrier shall resume the payment of benefits when the advance is exhausted.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 417.003 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 417 - Third-Party Liability|Section 417.003. Attorney's Fee for Representation of Insurance Carrier's Interest

Sec. 417.003.  ATTORNEY'S FEE FOR REPRESENTATION OF INSURANCE CARRIER'S INTEREST.  (a)  An insurance carrier whose interest is not actively represented by an attorney in a third-party action shall pay a fee to an attorney representing the claimant in the amount agreed on between the attorney and the insurance carrier.  In the absence of an agreement, the court shall award to the attorney payable out of the insurance carrier's recovery:(1)  a reasonable fee for recovery of the insurance carrier's interest that may not exceed one-third of the insurance carrier's recovery;  and(2)  a proportionate share of expenses.(b)  An attorney who represents the claimant and is also to represent the subrogated insurance carrier shall make a full written disclosure to the claimant before employment as an attorney by the insurance carrier.  The claimant must acknowledge the disclosure and consent to the representation.  A signed copy of the disclosure shall be furnished to all concerned parties and made a part of the division file.  A copy of the disclosure with the claimant's consent shall be filed with the claimant's pleading before a judgment is entered and approved by the court.  The claimant's attorney may not receive a fee under this section to which the attorney is otherwise entitled under an agreement with the insurance carrier unless the attorney complies with the requirements of this subsection.(c)  If an attorney actively representing the insurance carrier's interest actively participates in obtaining a recovery, the court shall award and apportion between the claimant's and the insurance carrier's attorneys a fee payable out of the insurance carrier's subrogation recovery.  In apportioning the award, the court shall consider the benefit accruing to the insurance carrier as a result of each attorney's service.  The total attorney's fees may not exceed one-third of the insurance carrier's recovery.(d)  For purposes of determining the amount of an attorney's fee under this section, only the amount recovered for benefits, including medical benefits, that have been paid by the insurance carrier may be considered.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.286, eff. September 1, 2005.|
TX Lab Code § 417.004 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 417 - Third-Party Liability|Section 417.004. Employer Liability to Third Party

Sec. 417.004.  EMPLOYER LIABILITY TO THIRD PARTY.  In an action for damages brought by an injured employee, a legal beneficiary, or an insurance carrier against a third party liable to pay damages for the injury or death under this chapter that results in a judgment against the third party or a settlement by the third party, the employer is not liable to the third party for reimbursement or damages based on the judgment or settlement unless the employer executed, before the injury or death occurred, a written agreement with the third party to assume the liability.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 418.001 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 418 - Criminal Investigations and Penalties|Section 418.001. Penalty for Fraudulently Obtaining or Denying Benefits

Sec. 418.001.  PENALTY FOR FRAUDULENTLY OBTAINING OR DENYING BENEFITS.  (a)  A person commits an offense if the person, with the intent to obtain or deny payment of benefits, including medical benefits, under this subtitle or Subtitle C, for himself or another, knowingly or intentionally:(1)  makes a false or misleading statement;(2)  misrepresents or conceals a material fact;  or(3)  fabricates, alters, conceals, or destroys a document other than a governmental record.(b)  An offense under Subsection (a) is:(1)  a Class A misdemeanor if the value of the benefits is less than $2,500; and(2)  a state jail felony if the value of the benefits is $2,500 or more.|Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.47, eff. Sept. 1, 1995.Amended by: Acts 2017, 85th Leg., R.S., Ch. 463 (H.B. 2053), Sec. 4, eff. June 9, 2017.|
TX Lab Code § 418.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 418 - Criminal Investigations and Penalties|Section 418.002. Penalty for Fraudulently Obtaining Workers' Compensation Insurance Coverage

Sec. 418.002.  PENALTY FOR FRAUDULENTLY OBTAINING WORKERS' COMPENSATION INSURANCE COVERAGE.  (a)  A person commits an offense if the person, with the intent to obtain workers' compensation insurance coverage under the workers' compensation insurance laws of this state or to avoid payment of premiums due for that coverage, for himself or another, knowingly or intentionally:(1)  makes a false statement;(2)  misrepresents or conceals a material fact;  or(3)  makes a false entry in, fabricates, alters, conceals, or destroys a document other than a governmental record.(b)  An offense under Subsection (a) is:(1)  a Class A misdemeanor if the amount of premium avoided is less than $2,500; and(2)  a state jail felony if the amount of the premium avoided is $2,500 or more.(c)  The court may order a person to pay restitution to an insurance company, including the Texas Mutual Insurance Company, if the person commits an offense under this section.|Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.47, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1195, Sec. 2.12, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 463 (H.B. 2053), Sec. 5, eff. June 9, 2017.|
TX Lab Code § 418.003 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 418 - Criminal Investigations and Penalties|Section 418.003. Election of Prosecution

Sec. 418.003.  ELECTION OF PROSECUTION.  A person who commits an offense under this chapter may be prosecuted under this chapter or any other law of this state under which the person may be prosecuted.|Added by Acts 2007, 80th Leg., R.S., Ch. 429 (S.B. 1627), Sec. 1, eff. June 15, 2007.|
TX Lab Code § 418.004 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 418 - Criminal Investigations and Penalties|Section 418.004. Subpoena Authority

Sec. 418.004.  SUBPOENA AUTHORITY.  (a)  The commissioner may issue a subpoena to compel the attendance and testimony of a witness or the production of materials relevant to an investigation of an offense under this chapter.(b)  The commissioner may issue a subpoena under Subsection (a) regarding a witness or materials located in this state or in another state.|Added by Acts 2017, 85th Leg., R.S., Ch. 463 (H.B. 2053), Sec. 6, eff. June 9, 2017.|