reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter B. Coverage › Section 503.025. Coverage for Out-of-State Employees

Sec. 503.025.  COVERAGE FOR OUT-OF-STATE EMPLOYEES.  (a)  An employee who performs services outside this state is entitled to benefits under this chapter even if the person:
(1)  is hired or not hired in this state;
(2)  does not work in this state;
(3)  works both in this state and out of state;
(4)  is injured outside this state;  or
(5)  has been outside this state for more than one year.
(b)  An employee who elects to pursue remedies provided by this state where the injury occurred is not entitled to benefits under this chapter.
Added by Acts 2003, 78th Leg., ch. 1266, Sec. 4.03, eff. June 20, 2003.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter C. Offsets › Section 503.041. Exhaustion of Annual and Sick Leave

Sec. 503.041.  EXHAUSTION OF ANNUAL AND SICK LEAVE.  (a)  An employee may elect to use accrued sick leave before receiving income benefits.  If an employee elects to use sick leave, the employee is not entitled to income benefits under this chapter until the employee has exhausted the employee's accrued sick leave.
(b)  An employee may elect to use all or any number of weeks of accrued annual leave after the employee's accrued sick leave is exhausted.  If an employee elects to use annual leave, the employee is not entitled to income benefits under this chapter until the elected number of weeks of leave have been exhausted.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.309, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.061. Administration and Rules

Sec. 503.061.  ADMINISTRATION AND RULES.  (a)  The system shall administer this chapter.
(b)  Process and procedure under this chapter shall be as summary as possible.
(c)  The system may:
(1)  adopt and publish rules and prescribe and furnish forms necessary for the administration of this chapter; and
(2)  adopt and enforce rules necessary for the prevention of accidents and injuries.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.310, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.062. Percentage of Payroll Set Aside for Workers' Compensation Expenses; Account; Reports

Sec. 503.062.  PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS' COMPENSATION EXPENSES;  ACCOUNT;  REPORTS.  (a)  An institution may set aside from its available appropriations, other than itemized salary appropriations, an amount not to exceed two percent of the institution's annual payroll for the payment of administrative expenses, charges, benefits, and awards under this chapter.
(b)  The amount set aside under Subsection (a) shall be set up in a separate account in the institution's records.  The balance of the account at any time may not exceed an amount equal to two percent of the institution's annual payroll.
(c)  The account must show the disbursements authorized by this chapter.  A statement of the amount set aside for the account and the disbursements from the account shall be included in the reports made to the governor and the legislature as required by law.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.063. Certified Copies of Division Documents

Sec. 503.063.  CERTIFIED COPIES OF DIVISION DOCUMENTS.  (a)  The division shall furnish a certified copy of an order, award, decision, or paper on file in the division's office to a person entitled to the copy on written request and payment of the fee for the copy.  The fee is the same as that charged for similar services by the secretary of state's office.
(b)  The system or the institution may obtain certified copies under this section without charge.
(c)  A fee or salary may not be paid to an employee of the division for making a copy under Subsection (a) that exceeds the fee charged for the copy.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.311, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.064. Examining Physicians

Sec. 503.064.  EXAMINING PHYSICIANS.  (a)  The institution shall designate a convenient number of licensed practicing physicians to perform physical examinations of individuals employed or to be employed by the institution to determine if an individual is physically fit to be classified as an employee.
(b)  A physician designated under Subsection (a) who conducts an examination shall file with the institution a complete transcript of the examination.  The transcript must be sworn to on a form provided by the institution.
(c)  The institution shall maintain all reports under this section as part of the institution's permanent records.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.065. Reports of Injuries

Sec. 503.065.  REPORTS OF INJURIES.  (a)  In addition to a report of an injury filed with the division under Section 409.005(a), an institution shall file a supplemental report that contains:
(1)  the name, age, sex, and occupation of the injured employee;
(2)  the character of work in which the employee was engaged at the time of the injury;
(3)  the place, date, and hour of the injury; and
(4)  the nature and cause of the injury.
(b)  The institution shall file the supplemental report on a form obtained for that purpose:
(1)  on the termination of incapacity of the injured employee;  or
(2)  if the incapacity extends beyond 60 days.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.312, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.066. Required Examination of Injured Employee; Refusal to Submit to Examination

Sec. 503.066.  REQUIRED EXAMINATION OF INJURED EMPLOYEE;  REFUSAL TO SUBMIT TO EXAMINATION.  (a)  The division may require an employee who claims to have been injured to submit to an examination by the division or a person acting under the division's authority at a reasonable time and place in this state.
(b)  On the request of an employee, the system, or the institution, the employee, the system, or the institution is entitled to have a physician selected by the employee, the system, or the institution, as appropriate, present to participate in an examination under Subsection (a) or Section 408.004.
(c)  An employee is not entitled to compensation during or for a period in which the employee refuses to submit to an examination under Subsection (a) or Section 408.004.
(d)  The system or the institution may have an injured employee examined at a reasonable time and at a place suitable to the employee's condition and convenient and accessible to the employee by a physician selected by the system or the institution.  The system or the institution shall pay for an examination under this subsection and for the employee's reasonable expenses incident to the examination.  The employee is entitled to have a physician selected by the employee present to participate in an examination under this subsection.
(e)  The system or the institution shall pay the fee, as set by the division, of a physician selected by the employee under Subsection (b) or (d).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.313, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.067. Refusal to Submit to Medical Treatment

Sec. 503.067.  REFUSAL TO SUBMIT TO MEDICAL TREATMENT.  (a)  The commissioner may order or direct the system or the institution to reduce or suspend the compensation of an injured employee who:
(1)  persists in insanitary or injurious practices that tend to imperil or retard the employee's recovery; or
(2)  refuses to submit to medical, surgical, or other remedial treatment recognized by the state that is reasonably essential to promote the employee's recovery.
(b)  Compensation may not be reduced or suspended under this section without reasonable notice to the employee and an opportunity to be heard.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.314, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.068. Postponement of Hearing

Sec. 503.068.  POSTPONEMENT OF HEARING.  If an injured employee is receiving benefits under this chapter and the system or the institution is providing hospitalization or medical treatment to the employee, the division may postpone the hearing on the employee's claim.  An appeal may not be taken from a commissioner order under this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.315, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.069. Notice of Appeal; Notice of Trial Court Judgment; Offense

Sec. 503.069.  NOTICE OF APPEAL;  NOTICE OF TRIAL COURT JUDGMENT;  OFFENSE.  (a)  In each case appealed from the division to a county or district court:
(1)  the clerk of the court shall mail to the division:
(A)  not later than the 20th day after the date the case is filed, a notice containing the style, number, and date of filing of the case; and
(B)  not later than the 20th day after the date the judgment is rendered, a certified copy of the judgment; and
(2)  the attorney preparing the judgment shall file the original and a copy of the judgment with the clerk.
(b)  An attorney's failure to comply with Subsection (a)(2) does not excuse the failure of a county or district clerk to comply with Subsection (a)(1)(B).
(c)  The duties of a county or district clerk under Subsection (a)(1) are part of the clerk's ex officio duties, and the clerk is not entitled to a fee for the services.
(d)  A county or district clerk who violates this section commits an offense.  An offense under this section is a misdemeanor punishable by a fine not to exceed $250.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.316, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.070. Venue for Judicial Review

Sec. 503.070.  VENUE FOR JUDICIAL REVIEW.  (a)  A party who does not consent to abide by the final decision of the commissioner shall file notice with the division as required by Section 410.253 and bring suit in the county in which the injury occurred to set aside the final decision of the commissioner.
(b)  If a suit under this section is filed in a county other than the county in which the injury occurred, the court, on determining that it does not have jurisdiction to render judgment on the merits of the suit, shall transfer the case to a proper court in the county in which the injury occurred.
(c)  Notice of the transfer of a suit under Subsection (b) shall be given to the parties.  A suit transferred under Subsection (b) shall be considered for all purposes the same as if originally filed in the court to which it is transferred.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.317, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 503 - Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System › Subchapter D. Administration › Section 503.071. Attorney General as Legal Representative

Sec. 503.071.  ATTORNEY GENERAL AS LEGAL REPRESENTATIVE.  The attorney general is the institution's legal representative and may bring and defend all suits and hearings necessary to carry out the purposes of this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter A. General Provisions › Section 504.001. Definitions

Sec. 504.001.  DEFINITIONS.  In this chapter, unless a different meaning is plainly required by the context:
(1)  "Division" means the division of workers' compensation of the Texas Department of Insurance.
(2)  "Employee" means:
(A)  a person in the service of a political subdivision who has been employed as provided by law;  or
(B)  a person for whom optional coverage is provided under Section 504.012 or 504.013.
(3)  "Political subdivision" means a county, municipality, special district, school district, junior college district, housing authority, community center established under Subchapter A, Chapter 534, Health and Safety Code, or any other legally constituted political subdivision of the state.
(4)  "Pool" means two or more political subdivisions collectively self-insuring under an interlocal contract under Chapter 791, Government Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.318, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 9.04, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter A. General Provisions › Section 504.002. Application of General Workers' Compensation Laws; Limit on Actions and Damages

Sec. 504.002.  APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;  LIMIT ON ACTIONS AND DAMAGES.  (a)  The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter:
(1)  Chapter 401, other than Section 401.011(18) defining "employer" and Section 401.012 defining "employee";
(2)  Chapter 402;
(3)  Chapter 403, other than Sections 403.001-403.005;
(4)  Chapters 404 and 405;
(5)  Sections 406.006-406.009 and Subchapters B and D-G, Chapter 406, other than Sections 406.033, 406.034, 406.035, 406.091, and 406.096;
(6)  Chapter 408, other than Sections 408.001(b) and (c);
(7)  Chapters 409-412;
(8)  Chapter 413, except as provided by Section 504.053;
(9)  Chapters 414-417; and
(10)  Chapter 451, subject to the limitations of Subsection (a-1).
(a-1)  The liability of a political subdivision under Chapter 451 is limited to money damages in a maximum amount of $100,000 for each person aggrieved by and $300,000 for each single occurrence of a violation of that chapter.  For purposes of this subsection, a single occurrence is considered to be a single employment policy or employment action that results in discrimination against or discharge of one or more employees concurrently.
(b)  For the purpose of applying the provisions listed by Subsection (a) to this chapter, "employer" means "political subdivision."
(c)  Neither this chapter nor Subtitle A authorizes a cause of action or damages against a political subdivision or an employee of a political subdivision beyond the actions and damages authorized by Chapter 101, Civil Practice and Remedies Code.
(d)  For the purpose of applying the provisions listed by Subsection (a), "written notice" to a political subdivision that self-insures, either individually or collectively through an interlocal agreement as described by Section 504.011, occurs only on written notice to the intergovernmental risk pool or other entity responsible for administering the claim.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 954, Sec. 6, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 939, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.319, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 810 (H.B. 451), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter A. General Provisions › Section 504.003. Election of Remedies

Sec. 504.003.  ELECTION OF REMEDIES.  A person may not bring an action for wrongful discharge under both Chapter 451 and Chapter 554, Government Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(77), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.011. Method of Providing Coverage

Sec. 504.011.  METHOD OF PROVIDING COVERAGE.  A political subdivision shall extend workers' compensation benefits to its employees by:
(1)  becoming a self-insurer;
(2)  providing insurance under a workers' compensation insurance policy;  or
(3)  entering into an interlocal agreement with other political subdivisions providing for self-insurance.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.012. Optional Coverages

Sec. 504.012.  OPTIONAL COVERAGES.  (a)  A political subdivision may cover volunteer fire fighters, police officers, emergency medical personnel, and other volunteers that are specifically named.  A person covered under this subsection is entitled to full medical benefits and the minimum compensation payments under the law.  Notwithstanding any other law, the governing body of the political subdivision may elect to provide compensation payments to a person covered under this subsection that are greater than the minimum benefits provided under this title.
(b)  By majority vote of the members of the governing body of a political subdivision, the political subdivision may cover as employees:
(1)  an elected official;
(2)  persons paid for jury service;  or
(3)  persons paid for service in the conduct of an election.
(c)  A political subdivision may cover a child who is in a program established by the political subdivision to assist children in rendering personal services to a charitable or educational institution under Section 54.041(b), Family Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 18, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.013. Coverage for Trustees and Staff of Self-Insurance Fund

Sec. 504.013.  COVERAGE FOR TRUSTEES AND STAFF OF SELF-INSURANCE FUND.  By majority vote of the board of trustees of a self-insurance fund created under this chapter, the fund may cover:
(1)  members of the board of trustees;
(2)  staff of the fund, including persons with whom the fund has contracted to perform staff functions;  or
(3)  any other self-insurance fund created under Chapter 791, Government Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.014. Exclusions

Sec. 504.014.  EXCLUSIONS.  A person is not an employee and is not entitled to compensation under this chapter if the person:
(1)  is in the service of a political subdivision and is paid on a piecework basis or on a basis other than by the hour, day, week, month, or year;
(2)  is a patient or client of a political subdivision involved in vocational training;
(3)  is a prisoner incarcerated by a political subdivision;  or
(4)  performs services that may benefit a political subdivision, or is employed by or under contract with a performer providing those services, but does not receive payment from the political subdivision for the performance of the services, if the services are performed in connection with the operation or production of:
(A)  a stock show;
(B)  a rodeo;
(C)  a carnival;
(D)  a circus;
(E)  a musical, vocal, or theatrical performance;
(F)  a professional baseball league or game;
(G)  a professional hockey league or game;
(H)  a wrestling event or match;
(I)  a vehicle or motorcycle event;  or
(J)  another entertainment event.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 841, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.015. Municipal Utilities

Sec. 504.015.  MUNICIPAL UTILITIES.  (a)  This section applies to a municipal utility operated by a board of trustees established under Section 1502.070, Government Code, or a similar law.
(b)  The board of trustees of a utility has the authority of the governing body of the municipality under this chapter to:
(1)  adopt a self-insurance program or take out a policy of workers' compensation insurance;  and
(2)  adopt resolutions, give notices, and do all things concerning workers' compensation regarding the utility's employees that the governing body of the municipality would be authorized to do regarding other municipal employees or groups of employees.
(c)  Funds set aside or spent for the purpose of workers' compensation insurance are considered operating expenses of the utility.  Funds set aside or paid by the board of trustees for self-insurance or for premiums on insurance policies shall be paid out of utility revenues.  A provision for self-insurance or an obligation incurred under an insurance policy is not a general liability of the municipality but is payable only out of utility revenues.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.282, eff. Sept. 1, 2001.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.016. Joint Insurance Fund

Sec. 504.016.  JOINT INSURANCE FUND.  (a)  Two or more political subdivisions may establish a joint insurance fund as provided by this section.
(b)  A political subdivision may pay into the fund its proportionate part as due and may contract for the fund, by and through its directors, to make the payments due under this chapter to employees of the political subdivision.
(c)  The fund may be operated under the rules and bylaws established by the participating political subdivisions.
(d)  A joint insurance fund created under this section may provide to the Texas Department of Insurance loss data in the same manner as an insurance company writing workers' compensation insurance.  The State Board of Insurance shall use the loss data as provided by Subchapter D, Chapter 5, Insurance Code.
(e)  Except as provided by Subsection (d), a joint insurance fund created under this section is not considered insurance for purposes of any state statute and is not subject to State Board of Insurance rules.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.017. Federal and State Funded Transportation Entities

Sec. 504.017.  FEDERAL AND STATE FUNDED TRANSPORTATION ENTITIES.  An entity is eligible to participate under Section 504.016 or Chapter 791 or 2259, Government Code, if the entity provides transportation subsidized in whole or in part by and provided to clients of:
(1)  the Department of Assistive and Rehabilitative Services;
(2)  the Department of State Health Services;
(3)  the Cancer Prevention and Research Institute of Texas;
(4)  the Texas Department of Housing and Community Affairs;
(5)  the Health and Human Services Commission;
(6)  the Department of Aging and Disability Services; or
(7)  the Texas Juvenile Justice Department.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 266 (H.B. 14), Sec. 5, eff. November 6, 2007.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 138, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.018. Notice to Division and Employees; Effect on Common-Law or Statutory Liability

Sec. 504.018.  NOTICE TO DIVISION AND EMPLOYEES; EFFECT ON COMMON-LAW OR STATUTORY LIABILITY.  (a)  A political subdivision shall notify the division of the method by which its employees will receive benefits, the approximate number of employees covered, and the estimated amount of payroll.
(b)  A political subdivision shall notify its employees of the method by which the employees will receive benefits and the effective date of the coverage.  Employees of a political subdivision are conclusively considered to have accepted the compensation provisions instead of common-law or statutory liability or cause of action, if any, for injuries received in the course of employment or death resulting from injuries received in the course of employment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.320, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.321, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter B. Coverage › Section 504.019. Coverage for Post-Traumatic Stress Disorder for Certain First Responders

Sec. 504.019.  COVERAGE FOR POST-TRAUMATIC STRESS DISORDER FOR CERTAIN FIRST RESPONDERS.  (a)  In this section:
Text of subdivision effective until January 01, 2025
(1)  "First responder" means an individual employed by a political subdivision of this state who is:
(A)  a peace officer under Article 2.12, Code of Criminal Procedure;
(B)  a person licensed under Chapter 773, Health and Safety Code, as an emergency care attendant, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-paramedic, or licensed paramedic; or
(C)  a firefighter subject to certification by the Texas Commission on Fire Protection under Chapter 419, Government Code, whose principal duties are firefighting and aircraft crash and rescue.
Text of subdivision effective on January 01, 2025
(1)  "First responder" means an individual employed by a political subdivision of this state who is:
(A)  a peace officer under Article 2A.001, Code of Criminal Procedure;
(B)  a person licensed under Chapter 773, Health and Safety Code, as an emergency care attendant, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-paramedic, or licensed paramedic; or
(C)  a firefighter subject to certification by the Texas Commission on Fire Protection under Chapter 419, Government Code, whose principal duties are firefighting and aircraft crash and rescue.
(2)  "Post-traumatic stress disorder" means a disorder that meets the diagnostic criteria for post-traumatic stress disorder specified by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, or a later edition adopted by the commissioner of workers' compensation.
(b)  Post-traumatic stress disorder suffered by a first responder is a compensable injury under this subtitle only if it is based on a diagnosis that:
(1)  the disorder is caused by one or more events occurring in the course and scope of the first responder's employment; and
(2)  the preponderance of the evidence indicates that the event or events were a producing cause of the disorder.
(c)  For purposes of this subtitle, the date of injury for post-traumatic stress disorder suffered by a first responder is the date on which the first responder first knew or should have known that the disorder may be related to the first responder's employment.
Added by Acts 2017, 85th Leg., R.S., Ch. 353 (H.B. 1983), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1101 (H.B. 2143), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.131, eff. January 1, 2025.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter C. Benefits and Offsets › Section 504.051. Offset Against Payments for Incapacity

Sec. 504.051.  OFFSET AGAINST PAYMENTS FOR INCAPACITY.  (a)  Benefits provided under this chapter shall be offset:
(1)  to the extent applicable, by any amount for incapacity received as provided by:
(A)  Chapter 143 or 177A, Local Government Code; or
(B)  any other statute in effect on June 19, 1975, that provides for the payment for incapacity to work because of injury on the job that is also covered by this chapter; and
(2)  by any amount paid under Article III, Section 52e, of the Texas Constitution, as added in 1967.
(b)  If benefits are offset, the employer may not withhold the offset portion of the employee's wages until the time that benefits under this chapter are received.
(c)  If an employee's wages are offset, the employee and employer shall contribute to the pension fund on the amount of money by which the employee's wages were offset.  An employee's pension benefit may not be reduced as a result of the employee's injuries or any compensation received under this chapter unless the reduction results from a pension revision passed by a majority vote of the affected members of a pension system.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 665 (H.B. 471), Sec. 2, eff. June 12, 2023.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter C. Benefits and Offsets › Section 504.052. Sick Leave Benefits

Sec. 504.052.  SICK LEAVE BENEFITS.  (a)  The governing body of a political subdivision, by majority vote, may provide that while an employee of the political subdivision is receiving benefits under this chapter, the employee may elect to receive previously accrued sick leave benefits, whether statutory or contractual, in an amount equal to the difference between the benefits under this chapter and the weekly compensation that the employee was receiving before the injury that resulted in the claim.
(b)  Sick leave benefits received under Subsection (a) shall be deducted proportionately from the employee's sick leave balance.
(c)  This section does not limit the medical benefits to be paid to the employee.  A sick leave plan may not require an employee to take sick leave benefits before receiving benefits under this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter C. Benefits and Offsets › Section 504.054. Contested Case Hearing on and Judicial Review of Independent Review

Sec. 504.054.  CONTESTED CASE HEARING ON AND JUDICIAL REVIEW OF INDEPENDENT REVIEW.  (a)  A party to a medical dispute that remains unresolved after the review described by Section 504.053(d)(3) is entitled to a contested case hearing.  A hearing under this subsection shall be conducted by the division in the same manner as a hearing conducted under Section 413.0311.
(b)  The administrative law judge conducting the contested case hearing under Subsection (a) shall consider any treatment guidelines adopted by the political subdivision or pool that provides medical benefits under Section 504.053(b)(2) if those guidelines meet the standards provided by Section 413.011(e).
(c)  A party that has exhausted all administrative remedies under Subsection (a) and is aggrieved by a final decision of the division may seek judicial review of the decision.
(d)  Judicial review under Subsection (c) shall be conducted in the manner provided for judicial review of a contested case under Subchapter G, Chapter 2001, Government Code, and is governed by the substantial evidence rule.
(e)  A decision of the independent review organization is binding during the pendency of a dispute.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 36, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter C. Benefits and Offsets › Section 504.056. Intent of Expedited Provision of Medical Benefits for Certain Injuries Sustained by First Responder in Course and Scope of Employment

Sec. 504.056.  INTENT OF EXPEDITED PROVISION OF MEDICAL BENEFITS FOR CERTAIN INJURIES SUSTAINED BY FIRST RESPONDER IN COURSE AND SCOPE OF EMPLOYMENT.  The purpose of Section 504.055 is to ensure that an injured first responder's claim for medical benefits is accelerated by a political subdivision, insurance carrier, and the division to the full extent authorized by current law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 36, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter D. Administration › Section 504.071. Rules; Forms

Sec. 504.071.  RULES;  FORMS.  A political subdivision may:
(1)  adopt and publish rules and prescribe and furnish forms necessary to effectively administer this chapter;  and
(2)  adopt and enforce necessary rules for the prevention of accidents and injuries.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter D. Administration › Section 504.072. Appropriations for Disbursements; Account; Report

Sec. 504.072.  APPROPRIATIONS FOR DISBURSEMENTS;  ACCOUNT;  REPORT.  (a)  A political subdivision may set aside from available appropriations, other than itemized salary appropriations, an amount sufficient to pay all costs, administrative expenses, benefits, insurance, and attorney's fees authorized by this chapter.
(b)  The amount set aside under Subsection (a) shall be set up in a separate account in the political subdivision's records showing the disbursements authorized by this chapter.  A statement of the amount set aside for disbursements from the account shall be included in an annual report made to the political subdivision's governing body and its treasurer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter D. Administration › Section 504.073. Representation in Legal Proceedings

Sec. 504.073.  REPRESENTATION IN LEGAL PROCEEDINGS.  (a)  Except as provided by Subsection (b), in a proceeding in connection with workers' compensation benefits provided by a political subdivision as a self-insurer, the political subdivision may be represented by:
(1)  the political subdivision's attorney or that attorney's assistants;  or
(2)  outside counsel.
(b)  In a proceeding involving workers' compensation for employees of a municipal utility operated by a board of trustees established under Section 1502.070, Government Code, or a similar law, if the board of trustees is a self-insurer, the municipality shall be represented by the regularly employed attorney or outside counsel of the board of trustees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.284, eff. Sept. 1, 2001.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 504 - Workers' Compensation Insurance Coverage for Employees of Political Subdivisions › Subchapter D. Administration › Section 504.074. Self-Insurance Account for Death Benefits and Lifetime Income Benefits

Sec. 504.074.  SELF-INSURANCE ACCOUNT FOR DEATH BENEFITS AND LIFETIME INCOME BENEFITS.  (a)  A pool or a political subdivision that self-insures  may establish an account for the payment of death benefits and lifetime income benefits under Chapter 408.
(b)  An account established under this section may accumulate assets in an amount that the pool or political subdivision, in its sole discretion, determines is necessary in order to pay death benefits and lifetime income benefits.  The establishment of an account under this section or the amount of assets accumulated in the account does not affect the liability of a pool or political subdivision for the payment of death benefits and lifetime income benefits.
(c)  Chapter 2256, Government Code, does not apply to the investment of assets in an account established under this section. A pool or political subdivision investing or reinvesting the assets of an account shall discharge its duties solely in the interest of current and future beneficiaries:
(1)  for the exclusive purposes of:
(A)  providing death benefits and lifetime income benefits to current and future beneficiaries; and
(B)  defraying reasonable expenses of administering the account;
(2)  with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person acting in a like capacity and familiar with matters of the type would use in the conduct of an enterprise with a like character and like aims;
(3)  by diversifying the investments of the account to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;  and
(4)  in accordance with the documents and instruments governing the account to the extent that the documents and instruments are consistent with this section.
(d)  In choosing and contracting for professional investment management services for an account established under this section and in continuing the use of an investment manager, the pool or political subdivision must act prudently and in the interest of the current and future beneficiaries of the account.
Added by Acts 2019, 86th Leg., R.S., Ch. 701 (S.B. 2551), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter A. General Provisions › Section 505.001. Definitions

Sec. 505.001.  DEFINITIONS.  (a)  In this chapter:
(1)  Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(32), eff. September 1, 2005.
(2)  "Department" means the Texas Department of Transportation.
(3)  "Employee" means a person in the service of the department under an appointment or express contract of hire and whose name appears on the department's payroll.
(4)  "Legal beneficiary" has the meaning assigned to that term under Section 401.011.
(b)  A reference in this chapter to an employee who has been injured includes the employee's legal beneficiary if the injured employee is dead.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 7.01(32), eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter A. General Provisions › Section 505.002. Application of General Workers' Compensation Laws; Limit on Actions and Damages

Sec. 505.002.  APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;  LIMIT ON ACTIONS AND DAMAGES.  (a)  The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter:
(1)  Chapter 401, other than Section 401.012, defining "employee";
(2)  Chapter 402;
(3)  Chapter 403, other than Sections 403.001-403.005;
(4)  Chapters 404 and 405;
(5)  Subchapters B, D, E, and H, Chapter 406, other than Sections 406.071-406.073, and 406.075;
(6)  Chapter 408, other than Sections 408.001(b) and (c);
(7)  Chapters 409 and 410;
(8)  Subchapters A and G, Chapter 411, other than Sections 411.003 and 411.004;
(9)  Chapters 412-417; and
(10)  Chapter 451.
(b)  For the purpose of applying the provisions listed by Subsection (a) to this chapter, "employer" means "department."
(c)  Neither this chapter nor Subtitle A authorizes a cause of action or damages against the department or an employee of the department beyond the actions and damages authorized by Chapter 101, Civil Practice and Remedies Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.323, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter B. Coverage › Section 505.011. Workers' Compensation Coverage for Department Employees

Sec. 505.011.  WORKERS' COMPENSATION COVERAGE FOR DEPARTMENT EMPLOYEES.  The department shall pay benefits as provided by this chapter to an employee with a compensable injury.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle C - Workers' Compensation Insurance Coverage for Certain Government Employees › Chapter 505 - Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation › Subchapter B. Coverage › Section 505.012. Authority to Self-Insure

Sec. 505.012.  AUTHORITY TO SELF-INSURE.  The department may self-insure.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.