reglab/housing_qa huggingface dataset:
TX Lab Code § 402.00116 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00116. Chief Executive

Sec. 402.00116.  CHIEF EXECUTIVE.  (a)  The commissioner of workers' compensation is the division's chief executive and administrative officer.  The commissioner shall administer and enforce this title, other workers' compensation laws of this state, and other laws granting jurisdiction to or applicable to the division or the commissioner.  Except as otherwise specifically provided by this title, a reference in this title to the "commissioner" means the commissioner of workers' compensation.(b)  The commissioner has the powers and duties vested in the division by this title and other workers' compensation laws of this state.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00117 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00117. Appointment; Term

Sec. 402.00117.  APPOINTMENT; TERM.  (a)  The governor, with the advice and consent of the senate, shall appoint the commissioner.  The commissioner serves a two-year term that expires on February 1 of each odd-numbered year.(b)  The governor shall appoint the commissioner without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00118 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00118. Qualifications

Sec. 402.00118.  QUALIFICATIONS.  The commissioner must:(1)  be a competent and experienced administrator;(2)  be well-informed and qualified in the field of workers' compensation; and(3)  have at least five years of experience as an executive in the administration of business or government or as a practicing attorney, physician, or certified public accountant.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00119 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00119. Ineligibility for Public Office

Sec. 402.00119.  INELIGIBILITY FOR PUBLIC OFFICE.  The commissioner is ineligible to be a candidate for a public elective office in this state unless the commissioner has resigned and the governor has accepted the resignation.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00120 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00120. Compensation

Sec. 402.00120.  COMPENSATION.  The commissioner is entitled to compensation as provided by the General Appropriations Act.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00121 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00121. Grounds for Removal

Sec. 402.00121.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from office that the commissioner:(1)  does not have at the time of appointment the qualifications required by Section 402.00118;(2)  does not maintain during service as commissioner the qualifications required by Section 402.00118;(3)  violates a prohibition established by Section 402.00122, 402.00124, 402.00125, or 402.00126; or(4)  cannot because of illness or incapacity discharge the commissioner's duties for a substantial part of the commissioner's term.(b)  The validity of an action of the commissioner or the division is not affected by the fact that it is taken when a ground for removal of the commissioner exists.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00122 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00122. Prohibited Gifts; Administrative Violation

Sec. 402.00122.  PROHIBITED GIFTS; ADMINISTRATIVE VIOLATION.  (a)  The commissioner or an employee of the division may not accept a gift, a gratuity, or entertainment from a person having an interest in a matter or proceeding pending before the division.(b)  A violation of Subsection (a) is an administrative violation and constitutes a ground for removal from office or termination of employment.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00123 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00123. Civil Liability of Commissioner

Sec. 402.00123.  CIVIL LIABILITY OF COMMISSIONER.  The commissioner is not liable in a civil action for an act performed in good faith in the execution of duties as commissioner.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00124 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00124. Conflict of Interest

Sec. 402.00124.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be the commissioner and may not be a division employee employed in a "bona fide executive, administrative, or professional capacity" as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of workers' compensation; or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of workers' compensation.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00125 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00125. Prohibition on Certain Employment or Representation

Sec. 402.00125.  PROHIBITION ON CERTAIN EMPLOYMENT OR REPRESENTATION.  (a)  A former commissioner or former employee of the division involved in hearing cases under this title may not:(1)  be employed by an insurance carrier that was subject to the scope of the commissioner's or employee's official responsibility while the commissioner or employee was associated with the division; or(2)  represent a person before the division or a court in a matter:(A)  in which the commissioner or employee was personally involved while associated with the division; or(B)  that was within the commissioner's or employee's official responsibilities while the commissioner or employee was associated with the division.(b)  The prohibition under Subsection (a)(1) applies until the:(1)  second anniversary of the date the commissioner ceases to serve as the commissioner; and(2)  first anniversary of the date the employee's employment with the division ceases.(c)  The prohibition under Subsection (a)(2) applies to a current commissioner or employee of the division while the commissioner or employee is involved in hearing cases under this title and at any time thereafter.(d)  A person commits an offense if the person violates this section.  An offense under this section is a Class A misdemeanor.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00126 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00126. Lobbying Activities

Sec. 402.00126.  LOBBYING ACTIVITIES.  A person may not serve as commissioner or act as general counsel to the commissioner if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation related to the operation of the department or the division.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00127 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00127. Training Program for Commissioner

Sec. 402.00127.  TRAINING PROGRAM FOR COMMISSIONER.  (a)  Not  later than the 90th day after the date on which the commissioner takes office, the commissioner shall complete a training program that complies with this section.(b)  The training program must provide the commissioner with information regarding:(1)  the legislation that created the division;(2)  the programs operated by the division;(3)  the role and functions of the division;(4)  the rules of the commissioner of insurance relating to the division, with an emphasis on the rules that relate to disciplinary and investigatory authority;(5)  the current budget for the division;(6)  the results of the most recent formal audit of the division;(7)  the requirements of:(A)  the open meetings law, Chapter 551, Government Code;(B)  the public information law, Chapter 552, Government Code;(C)  the administrative procedure law, Chapter 2001, Government Code; and(D)  other laws relating to public officials, including conflict-of-interest laws; and(8)  any applicable ethics policies adopted by the division or the Texas Ethics Commission.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.00128 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.00128. General Powers and Duties of Commissioner

Sec. 402.00128.  GENERAL POWERS AND DUTIES OF COMMISSIONER.  (a)  The commissioner shall conduct the daily operations of the division and otherwise implement division policy.(b)  The commissioner or the commissioner's designee may:(1)  investigate misconduct;(2)  hold hearings;(3)  issue subpoenas to compel the attendance of witnesses and the production of documents;(4)  administer oaths;(5)  take testimony directly or by deposition or interrogatory;(6)  assess and enforce penalties established under this title;(7)  enter appropriate orders as authorized by this title;(8)  institute an action in the division's name to enjoin the violation of this title;(9)  initiate an action under Section 410.254 to intervene in a judicial proceeding;(10)  prescribe the form, manner, and procedure for the transmission of information to the division;(11)  correct clerical errors in the entry of orders; and(12)  exercise other powers and perform other duties as necessary to implement and enforce this title.(c)  The commissioner is the agent for service of process on out-of-state employers.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.004, eff. September 1, 2005.|
TX Lab Code § 402.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter A. General Administration of System; Workers' Compensation Division|Section 402.002. Administration of System: Office of Injured Employee Counsel

Sec. 402.002.  ADMINISTRATION OF SYSTEM:  OFFICE OF INJURED EMPLOYEE COUNSEL.  The office of injured employee counsel established under Chapter 404 shall perform the functions regarding the provision of workers' compensation benefits in this state designated by this subtitle as under the authority of that office. |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 47.01, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.005, eff. September 1, 2005.|
TX Lab Code § 402.021 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter B. System Goals; General Administration of System|Section 402.021. Goals; Legislative Intent; General Workers' Compensation Mission of Department

Sec. 402.021.  GOALS; LEGISLATIVE INTENT; GENERAL WORKERS' COMPENSATION MISSION OF DEPARTMENT.  (a)  The basic goals of the workers' compensation system of this state are as follows:(1)  each employee shall be treated with dignity and respect when injured on the job; (2)  each injured employee shall have access to a fair and accessible dispute resolution process; (3)  each injured employee shall have access to prompt, high-quality medical care within the framework established by this subtitle; and (4)  each injured employee shall receive services to facilitate the employee's return to employment as soon as it is considered safe and appropriate by the employee's health care provider. (b)  It is the intent of the legislature that, in implementing the goals described by Subsection (a), the workers' compensation system of this state must:(1)  promote safe and healthy workplaces through appropriate incentives, education, and other actions;(2)  encourage the safe and timely return of injured employees to productive roles in the workplace;(3)  provide appropriate income benefits and medical benefits in a manner that is timely and cost-effective;(4)  provide timely, appropriate, and high-quality medical care supporting restoration of the injured employee's physical condition and earning capacity;(5)  minimize the likelihood of disputes and resolve them promptly and fairly when identified;(6)  promote compliance with this subtitle and rules adopted under this subtitle through performance-based incentives;(7)  promptly detect and appropriately address acts or practices of noncompliance with this subtitle and rules adopted under this subtitle;(8)  effectively educate and clearly inform each person who participates in the system as a claimant, employer, insurance carrier, health care provider, or other participant of the person's rights and responsibilities under the system and how to appropriately interact within the system; and(9)  take maximum advantage of technological advances to provide the highest levels of service possible to system participants and to promote communication among system participants.(c)  This section may not be construed as:(1)  creating a cause of action; or(2)  establishing an entitlement to benefits to which a claimant is not otherwise entitled by this subtitle.(d)  As provided by this subtitle, the division shall work to promote and help ensure the safe and timely return of injured employees to productive roles in the workforce.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1098, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 1.0065, eff. September 1, 2005.|
TX Lab Code § 402.0215 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter B. System Goals; General Administration of System|Section 402.0215. Reference to Commission Divisions

Sec. 402.0215.  REFERENCE TO COMMISSION DIVISIONS.  A reference in this title or any other law to the division of workers' health and safety, the division of medical review, the division of compliance and practices, the division of hearings, and the division of self-insurance regulation of the former Texas Workers' Compensation Commission means the division of workers' compensation of the Texas Department of Insurance.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.001, eff. September 1, 2005.|
TX Lab Code § 402.022 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter B. System Goals; General Administration of System|Section 402.022. Public Interest Information

Sec. 402.022.  PUBLIC INTEREST INFORMATION.  (a)  The commissioner shall prepare information of public interest describing the functions of the division and the procedures by which complaints are filed with and resolved by the division.(b)  The commissioner shall make the information available to the public and appropriate state agencies.(c)  The commissioner by rule shall ensure that each division form, standard letter, and brochure under this subtitle:(1)  is written in plain language;(2)  is in a readable and understandable format; and(3)  complies with all applicable requirements relating to minimum readability requirements.(d)  The division shall make informational materials described by this section available in English and Spanish.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.002, eff. September 1, 2005.|
TX Lab Code § 402.023 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter B. System Goals; General Administration of System|Section 402.023. Complaint Information

Sec.  402.023.  COMPLAINT INFORMATION.  (a)  The commissioner shall:(1)  adopt rules regarding the filing of a complaint under this subtitle against an individual or entity subject to regulation under this subtitle; and(2)  ensure that information regarding the complaint process is available on the division's  Internet website.(b)  The rules adopted under this section must, at a minimum:(1)  ensure that the division clearly defines in rule the method for filing a complaint; and(2)  define what constitutes a frivolous complaint under this subtitle.(c)  The division shall develop and post on the division's Internet website:(1)  a simple standardized form for filing complaints under this subtitle; and(2)  information regarding the complaint filing process.(c-1)  The division shall adopt a policy outlining the division's complaint process from receipt of the initial complaint to the complaint's disposition.(d)  The division shall keep an information file about each written complaint filed with the division under this subtitle that is unrelated to a specific workers' compensation claim, including a complaint regarding the administration of the workers' compensation system.  The information must include:(1)  the date the complaint is received;(2)  the name of the complainant;(3)  the subject matter of the complaint;(4)  a record of all persons contacted in relation to the complaint;(5)  a summary of the results of the review or investigation of the complaint; and(6)  for complaints for which the division took no action, an explanation of the reason the complaint was closed without action.(e)  For each written complaint that is unrelated to a specific workers' compensation claim that the division has authority to resolve, the division shall provide to the person filing the complaint and the person about whom the complaint is made information about the division's policies and procedures under this subtitle relating to complaint investigation and resolution.  The division, at least quarterly and until final disposition of the complaint, shall notify those persons about the status of the complaint unless the notice would jeopardize an undercover investigation.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.08, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.003, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 6, eff. September 1, 2011.|
TX Lab Code § 402.0231 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter B. System Goals; General Administration of System|Section 402.0231. Documentation and Analysis of Complaints

Sec. 402.0231.  DOCUMENTATION AND ANALYSIS OF COMPLAINTS.  (a)  The division shall develop procedures to formally document and analyze complaints received by the division.(b)  The division shall compile detailed statistics on all complaints received and analyze complaint information trends, including:(1)  the number of complaints;(2)  the source of each complaint;(3)  the types of complaints;(4)  the length of time from the receipt of the complaint to its disposition; and(5)  the disposition of complaints.(c)  The division shall further analyze the information compiled under Subsection (b) by field office and by program.(d)  The division shall report the information compiled and analyzed under Subsections (b) and (c) to the commissioner at regular intervals.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 7, eff. September 1, 2011.|
TX Lab Code § 402.0235 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 402 - Operation and Administration of Workers' Compensation System|Subchapter B. System Goals; General Administration of System|Section 402.0235. Priorities for Complaint Investigations

Sec. 402.0235.  PRIORITIES FOR COMPLAINT INVESTIGATIONS.  (a)  The division shall assign priorities to complaint investigations under this subtitle based on risk.  In developing priorities under this section, the division shall develop a formal, risk-based complaint investigation system that considers:(1)  the severity of the alleged violation;(2)  whether the alleged violator showed continued or wilful noncompliance; and(3)  whether a commissioner order has been violated.(b)  The commissioner may develop additional risk-based criteria as determined necessary.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.003, eff. September 1, 2005.|