reglab/housing_qa huggingface dataset:
TX Lab Code § 404.055 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter B. Injured Employee Public Counsel|Section 404.055. Grounds for Removal

Sec. 404.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from office that the public counsel:(1)  does not have at the time of appointment or maintain during service as public counsel the qualifications required by Section 404.052;(2)  violates a prohibition established by Section 404.053, 404.054, 404.056, or 404.057; or(3)  cannot, because of illness or disability, discharge the public counsel's duties for a substantial part of the public counsel's term.(b)  The validity of an action of the public counsel or the office is not affected by the fact that the action is taken when a ground for removal of the public counsel exists.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.056 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter B. Injured Employee Public Counsel|Section 404.056. Prohibited Representation or Employment

Sec. 404.056.  PROHIBITED REPRESENTATION OR EMPLOYMENT.  (a)  A former public counsel may not make any communication to or appearance before the division, the department, the commissioner, the commissioner of insurance, or an employee of the division or the department before the second anniversary of the date the person ceases to serve as public counsel if the communication or appearance is made:(1)  on behalf of another person in connection with any matter on which the person seeks official action; or(2)  with the intent to influence a commissioner or commissioner of insurance decision or action, unless the person is acting on the person's own behalf and without remuneration.(b)  A former public counsel may not represent any person or receive compensation for services rendered on behalf of any person regarding a matter before the division or the department before the second anniversary of the date the person ceases to serve as public counsel.(c)  A person commits an offense if the person violates this section.  An offense under this section is a Class A misdemeanor.(d)  A former employee of the office may not:(1)  be employed by an insurance carrier regarding a matter that was in the scope of the employee's official responsibility while the employee was associated with the office; or(2)  represent a person before the division or the department or a court in a matter:(A)  in which the employee was personally involved while associated with the office; or(B)  that was within the employee's official responsibility while the employee was associated with the office.(e)  The prohibition of Subsection (d)(1) applies until the first anniversary of the date the employee's employment with the office ceases.(f)  The prohibition of Subsection (d)(2) applies to a current employee of the office while the employee is associated with the office and at any time after.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.057 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter B. Injured Employee Public Counsel|Section 404.057. Trade Associations

Sec. 404.057.  TRADE ASSOCIATIONS.  (a)  In this section, "trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors 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 serve as public counsel if the person has been, within the previous two years:(1)  an officer, employee, or paid consultant of a trade association in the field of workers' compensation; or(2)  the spouse of an officer, manager, or paid consultant of a trade association in the field of workers' compensation.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.101 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.101. General Duties

Sec. 404.101.  GENERAL DUTIES.  (a)  The office shall, as provided by this subtitle:(1)  provide assistance to workers' compensation claimants;(2)  advocate on behalf of injured employees as a class regarding rulemaking by the commissioner and commissioner of insurance relating to workers' compensation;(3)  assist injured employees with contacting appropriate licensing boards for complaints against a health care provider; and(4)  assist injured employees with referral to local, state, and federal financial assistance, rehabilitation, and work placement programs, as well as other social services that the office considers appropriate.(b)  The office:(1)  may assess the impact of workers' compensation laws, rules, procedures, and forms on injured employees in this state; and(2)  shall, as provided by this subtitle:(A)  monitor the performance and operation of the workers' compensation system, with a focus on the system's effect on the return to work of injured employees;(B)  assist injured employees, through the ombudsman program, with the resolution of complaints pending at the division or department;(C)  assist injured employees, through the ombudsman program, in the division's administrative dispute resolution system; and(D)  advocate in the office's own name positions determined by the public counsel to be most advantageous to a substantial number of injured employees.(b-1)  The office may seek and accept grant funding to enable the office to perform its duties under this subtitle. This subsection does not authorize the office to seek or accept payment from an injured employee.(c)  The office may not appear or intervene, as a party or otherwise, before the commissioner, commissioner of insurance, division, or department on behalf of an individual injured employee, except through the ombudsman program.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 3, eff. September 1, 2011.|
TX Lab Code § 404.1015 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.1015. Refusal to Provide or Termination of Services

Sec. 404.1015.  REFUSAL TO PROVIDE OR TERMINATION OF SERVICES.  (a)  The public counsel may refuse to provide or may terminate the services of the office to any claimant who:(1)  is abusive or violent to or who threatens any employee of the office;(2)  requests assistance in claiming benefits not provided by law; or(3)  commits or threatens to commit a criminal act in pursuit of a workers' compensation claim.(b)  If the public counsel determines under Subsection (a) that the services of the office should be refused or terminated, the office shall inform the affected claimant in writing and notify the division.(c)  The office shall notify and cooperate with the appropriate law enforcement authority and the Department of Insurance, Fraud Unit, if the office becomes aware that the claimant or a person acting on the claimant's behalf commits or threatens to commit a criminal act.|Added by Acts 2009, 81st Leg., R.S., Ch. 1261 (H.B. 673), Sec. 1, eff. September 1, 2009.|
TX Lab Code § 404.102 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.102. General Powers and Duties of Public Counsel

Sec. 404.102.  GENERAL POWERS AND DUTIES OF PUBLIC COUNSEL.  The public counsel shall administer and enforce this chapter, including preparing and submitting to the legislature a budget for the office and approving expenditures for professional services, travel, per diem, and other actual and necessary expenses incurred in administering the office.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.103 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.103. Operation of Ombudsman Program

Sec. 404.103.  OPERATION OF OMBUDSMAN PROGRAM.  (a)  The office shall operate the ombudsman program under Subchapter D.(b)  The public counsel shall assign staff attorneys, as the public counsel considers appropriate, to supervise the work of the ombudsman program and advise ombudsmen in providing assistance to claimants and preparing for informal and formal hearings.(c)  The office shall coordinate services provided by the ombudsman program with services provided by the Department of Assistive and Rehabilitative Services.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.104 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.104. Authority to Appear or Intervene

Sec. 404.104.  AUTHORITY TO APPEAR OR INTERVENE.  The public counsel:(1)  may appear or intervene, as a party or otherwise, as a matter of right before the commissioner, commissioner of insurance, division, or department on behalf of injured employees as a class in matters involving rules, agency policies, and forms affecting the workers' compensation system that the commissioner or the commissioner of insurance adopts or approves;(2)  may intervene as a matter of right or otherwise appear in a judicial proceeding involving or arising from an action taken by an administrative agency in a proceeding in which the public counsel previously appeared under the authority granted by this chapter;(3)  may appear or intervene, as a party or otherwise, as a matter of right on behalf of injured employees as a class in any proceeding in which the public counsel determines that the interests of injured employees as a class are in need of representation, except that the public counsel may not intervene in an enforcement or parens patriae proceeding brought by the attorney general; and(4)  may appear or intervene before the commissioner, commissioner of insurance, division, or department, as a party or otherwise, on behalf of injured employees as a class in a matter involving rates, rules, agency policies, or forms affecting injured employees as a class in any proceeding in which the public counsel determines that injured employees are in need of representation.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.105 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.105. Authority to Assist Individual Injured Employees in Administrative Procedures

Sec. 404.105.  AUTHORITY TO ASSIST INDIVIDUAL INJURED EMPLOYEES IN ADMINISTRATIVE PROCEDURES.  (a)  The office, through the ombudsman program, may appear before the commissioner, division, or State Office of Administrative Hearings to provide assistance to an individual injured employee during:(1)  a workers' compensation administrative dispute resolution process; or(2)  an enforcement action by the department or division against an employee for a violation of the Texas Workers' Compensation Act.(b)  This chapter may not be construed as requiring or allowing legal representation for an individual injured employee by an office attorney or ombudsman in any proceeding.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1261 (H.B. 673), Sec. 2, eff. September 1, 2009.|
TX Lab Code § 404.106 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.106. Legislative Report

Sec. 404.106.  LEGISLATIVE REPORT.  (a)  The office shall report to the governor, lieutenant governor, speaker of the house of representatives, and the chairs of the legislative committees with appropriate jurisdiction not later than January 1 of each odd-numbered year.  The report must include:(1)  a description of the activities of the office;(2)  identification of any problems in the workers' compensation system from the perspective of injured employees as a class, as considered by the public counsel, with recommendations for regulatory and legislative action; and(3)  an analysis of the ability of the workers' compensation system to provide adequate, equitable, and timely benefits to injured employees at a reasonable cost to employers.(b)  The office shall coordinate with the workers' compensation research and evaluation group to obtain needed information and data to make the evaluations required for the report.(c)  The office shall publish and disseminate the legislative report to interested persons, and may charge a fee for the publication as necessary to achieve optimal dissemination.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 7, eff. September 1, 2011.|
TX Lab Code § 404.107 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.107. Access to Information by Public Counsel

Sec. 404.107.  ACCESS TO INFORMATION BY PUBLIC COUNSEL.  The public counsel:(1)  is entitled to the same access as a party, other than division staff or department staff, to division or department records available in a proceeding before the commissioner, commissioner of insurance, division, or department under the authority granted to the public counsel by this chapter; and(2)  is entitled to obtain discovery under Chapter 2001, Government Code, of any nonprivileged matter that is relevant to the subject matter involved in a proceeding or submission before the commissioner, commissioner of insurance, division, or department as authorized by this chapter.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.108 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.108. Legislative Recommendations

Sec. 404.108.  LEGISLATIVE RECOMMENDATIONS.  The public counsel may recommend proposed legislation to the legislature that the public counsel determines would positively affect the interests of injured employees as a class.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.|
TX Lab Code § 404.109 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.109. Injured Employee Rights; Notice

Sec. 404.109.  INJURED EMPLOYEE RIGHTS; NOTICE.  The public counsel shall adopt, in the form and manner prescribed by the public counsel and after consultation with the commissioner of workers' compensation, a notice of injured employee rights and responsibilities to be distributed by the division as provided by commissioner or commissioner of insurance rules.  A right or responsibility adopted under this section must be consistent with the requirements of this subtitle and division rules.  This section may not be construed as establishing an entitlement to benefits to which the claimant is not otherwise entitled under this subtitle.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1261 (H.B. 673), Sec. 3, eff. September 1, 2009.|
TX Lab Code § 404.110 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter C. General Powers and Duties of Office|Section 404.110. Applicability to Public Counsel of Confidentiality Requirements

Sec. 404.110.  APPLICABILITY TO PUBLIC COUNSEL OF CONFIDENTIALITY REQUIREMENTS.  (a)  Confidentiality requirements applicable to examination reports and to the commissioner of insurance under Sections 401.058, 401.105, 401.106, 441.201, and 501.158, Insurance Code, as applicable, and Section 404.111, apply to the public counsel.(b)  An employee of the office may not be compelled to disclose information communicated to the employee by a claimant on any matter relating to the claimant's claim. This subsection does not prohibit or alter the office's duty to notify and cooperate with appropriate law enforcement authorities under Section 404.1015(c).|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1261 (H.B. 673), Sec. 4, eff. September 1, 2009.|
TX Lab Code § 404.151 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter D. Ombudsman Program|Section 404.151. Ombudsman Program

Sec. 404.151.  OMBUDSMAN PROGRAM.  (a)  The office shall maintain an ombudsman program as provided by this subchapter to assist injured employees and persons claiming death benefits in obtaining benefits under this subtitle.(b)  An ombudsman shall:(1)  meet with or otherwise provide information to injured employees;(2)  investigate complaints;(3)  communicate with employers, insurance carriers, and health care providers on behalf of injured employees;(4)  assist unrepresented claimants to enable those persons to protect their rights in the workers' compensation system; and(5)  meet with an unrepresented claimant privately for a minimum of 15 minutes prior to any informal or formal hearing.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.31, eff. Sept. 1, 1995.Redesignated from Labor Code, Section 409.041 and amended by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.017, eff. September 1, 2005.|
TX Lab Code § 404.152 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter D. Ombudsman Program|Section 404.152. Designation as Ombudsman; Eligibility and Training Requirements; Continuing Education Requirements

Sec. 404.152.  DESIGNATION AS OMBUDSMAN; ELIGIBILITY AND TRAINING REQUIREMENTS; CONTINUING EDUCATION REQUIREMENTS.  (a)  At least one specially qualified employee in each division office shall be an ombudsman designated by the office of injured employee counsel, who shall perform the duties under this subchapter as the person's primary responsibility.(b)  To be eligible for designation as an ombudsman, a person must:(1)  demonstrate satisfactory knowledge of the requirements of:(A)  this subtitle and the provisions of Subtitle C that relate to claims management;(B)  other laws relating to workers' compensation; and(C)  rules adopted under this subtitle and the laws described under Subdivision (1)(B);(2)  have demonstrated experience in handling and resolving problems for the general public; and(3)  possess strong interpersonal skills.(c)  The public counsel shall by rule adopt training guidelines and continuing education requirements for ombudsmen.  Training provided under this subsection must:(1)  include education regarding this subtitle, rules adopted under this subtitle, and decisions of the appeals panel, with emphasis on benefits and the dispute resolution process;(2)  require an ombudsman undergoing training to be observed and monitored by an experienced ombudsman during daily activities conducted under this subchapter; and(3)  incorporate the requirements of Section 404.103(b).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Redesignated from Labor Code Sec. 409.041(c) and amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.31, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1443, Sec. 8, eff. Sept. 1, 1997.Redesignated from Labor Code, Section 409.042 and amended by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.017, eff. September 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1056 (H.B. 2060), Sec. 1, eff. June 15, 2017.|
TX Lab Code § 404.1525 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter D. Ombudsman Program|Section 404.1525. First Responder Liaison

Sec. 404.1525.  FIRST RESPONDER LIAISON.  (a)  In this section, "first responder" has the meaning assigned by Section 504.055.(b)  The public counsel shall designate an employee of the office to act as first responder liaison.(c)  The first responder liaison shall assist an injured first responder and, if applicable, the ombudsman assigned to the first responder's case, during a workers' compensation administrative dispute resolution process.(d)  The first responder liaison:(1)  must meet the qualifications for designation as an ombudsman under this subchapter; and(2)  is subject to the training and education requirements for an ombudsman under this subchapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 465 (H.B. 2082), Sec. 1, eff. September 1, 2017.|
TX Lab Code § 404.153 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter D. Ombudsman Program|Section 404.153. Employer Notification; Administrative Violation

Sec. 404.153.  EMPLOYER NOTIFICATION; ADMINISTRATIVE VIOLATION.  (a)  Each employer shall notify its employees of the ombudsman program in the manner prescribed by the office.(a-1)  An employer that employs first responders or supervises volunteer first responders shall notify the first responders of the first responder liaison in the manner prescribed by the office.  In this subsection, "first responder" has the meaning assigned by Section 504.055.(b)  An employer commits an administrative violation if the employer fails to comply with this section. |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Redesignated from Labor Code Sec. 409.041(d) and amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.31, eff. Sept. 1, 1995.Redesignated from Labor Code, Section 409.043 and amended by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.017, eff. September 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 465 (H.B. 2082), Sec. 2, eff. September 1, 2017.|
TX Lab Code § 404.154 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 404 - Office of Injured Employee Counsel|Subchapter D. Ombudsman Program|Section 404.154. Public Information

Sec. 404.154.  PUBLIC INFORMATION.  The office shall widely disseminate information about the ombudsman program.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 409.042 by Acts 1995, 74th Leg., ch. 980, Sec. 1.31, eff. Sept. 1, 1995.Redesignated from Labor Code, Section 409.044 and amended by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.017, eff. September 1, 2005.|