reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter D. General Powers and Duties of Division and Commissioner › Section 402.077. Educational Programs

Sec. 402.077.  EDUCATIONAL PROGRAMS.  (a)  The division shall provide education on best practices for return-to-work programs and workplace safety.
(b)  The division shall evaluate and develop the most efficient, cost-effective procedures for implementing this section.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.018, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter D. General Powers and Duties of Division and Commissioner › Section 402.078. Regional Offices

Sec. 402.078.  REGIONAL OFFICES.  The department shall operate regional offices throughout this state as necessary to implement the duties of the division and the department under this subtitle.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.018, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.081. Division Records

Sec. 402.081.  DIVISION RECORDS.  (a)  The commissioner is the custodian of the division's records and shall perform the duties of a custodian required by law, including providing copies and the certification of records.
(b)  The division shall comply with records retention schedules as provided by Chapter 441.185, Government Code.
(c)  A record maintained by the division may be preserved in any format permitted by Chapter 441, Government Code, and rules adopted by the Texas State Library and Archives Commission under that chapter.
(d)  The division may charge a reasonable fee for making available for inspection any of its information that contains confidential information that must be redacted before the information is made available.  However, when a request for information is for the inspection of 10 or fewer pages, and a copy of the information is not requested, the division may charge only the cost of making a copy of the page from which confidential information must be redacted.  The fee for access to information under Chapter 552, Government Code, shall be in accord with the rules of the attorney general that prescribe the method for computing the charge for copies under that chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1270, Sec. 1 eff. June 20, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.019, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 329 (S.B. 727), Sec. 13, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 716 (S.B. 452), Sec. 11, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 10.003, eff. September 1, 2007.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.082. Injury Information Maintained by Division

Sec. 402.082.  INJURY INFORMATION MAINTAINED BY DIVISION.  (a)  The division shall maintain information on every compensable injury as to the:
(1)  race, ethnicity, and sex of the claimant;
(2)  classification of the injury;
(3)  identification of whether the claimant is receiving medical care through a workers' compensation health care network certified under Chapter 1305, Insurance Code;
(4)  amount of wages earned by the claimant before the injury; and
(5)  amount of compensation received by the claimant.
(b)  On request from the office of injured employee counsel, the division shall provide to the office the identity, claim number, and contact information of claimants receiving assistance from the office.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.020, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.083. Confidentiality of Injury Information

Sec. 402.083.  CONFIDENTIALITY OF INJURY INFORMATION.  (a)  Information in or derived from a claim file regarding an employee is confidential and may not be disclosed by the division except as provided by this subtitle or other law.
(b)  Information concerning an employee who has been finally adjudicated of wrongfully obtaining payment under Section 415.008 is not confidential.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.42, 14.49, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.021, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.085. Exceptions to Confidentiality

Sec. 402.085.  EXCEPTIONS TO CONFIDENTIALITY.  (a)  The division shall release information on a claim to:
(1)  the Texas Department of Insurance for any statutory or regulatory purpose, including a research purpose under Chapter 405;
(2)  a legislative committee for legislative purposes;
(3)  a state or federal elected official requested in writing to provide assistance by a constituent who qualifies to obtain injury information under Section 402.084(b), if the request for assistance is provided to the division;
(4)  the attorney general or another entity that provides child support services under Part D, Title IV, Social Security Act (42 U.S.C. Section 651 et seq.), relating to:
(A)  establishing, modifying, or enforcing a child support, medical support, or dental support obligation; or
(B)  locating an absent parent; or
(5)  the office of injured employee counsel for any statutory or regulatory purpose that relates to a duty of that office as provided by Section 404.111(a).
(b)  The division may release information on a claim to a governmental agency, political subdivision, or regulatory body to use to:
(1)  investigate an allegation of a criminal offense or licensing or regulatory violation;
(2)  provide:
(A)  unemployment compensation benefits;
(B)  crime victims compensation benefits;
(C)  vocational rehabilitation services; or
(D)  health care benefits;
(3)  investigate occupational safety or health violations;
(4)  verify income on an application for benefits under an income-based state or federal assistance program; or
(5)  assess financial resources in an action, including an administrative action, to:
(A)  establish, modify, or enforce a child support, medical support, or dental support obligation;
(B)  establish paternity;
(C)  locate an absent parent; or
(D)  cooperate with another state in an action authorized under Part D, Title IV, Social Security Act (42 U.S.C. Section 651 et seq.), or Chapter 231, Family Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.43(a), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1426, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.023, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 6, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 71, eff. September 1, 2018.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.086. Transfer of Confidentiality

Sec. 402.086.  TRANSFER OF CONFIDENTIALITY.  (a)  Information relating to a claim that is confidential under this subtitle remains confidential when released to any person, except when used in court for the purposes of an appeal.
(b)  This section does not prohibit an employer from releasing information about a former employee to another employer with whom the employee has applied for employment, if that information was lawfully acquired by the employer releasing the information.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.087. Information Available to Prospective Employers

Sec. 402.087.  INFORMATION AVAILABLE TO PROSPECTIVE EMPLOYERS.  (a)  A prospective employer who has workers' compensation insurance coverage and who complies with this subchapter is entitled to obtain information on the prior injuries of an applicant for employment if the employer obtains written authorization from the applicant before making the request.
(b)  The employer must make the request by telephone or file the request in writing not later than the 14th day after the date on which the application for employment is made.
(c)  The request must include the applicant's name, address, and social security number.
(d)  If the request is made in writing, the authorization must be filed simultaneously.  If the request is made by telephone, the employer must file the authorization not later than the 10th day after the date on which the request is made.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.088. Report of Prior Injury

Sec. 402.088.  REPORT OF PRIOR INJURY.  (a)  On receipt of a valid request made under and complying with Section 402.087, the division shall review its records.
(b)  If the division finds that the applicant has made two or more general injury claims in the preceding five years, the division shall release the date and description of each injury to the employer.
(c)  The information may be released in writing or by telephone.
(d)  If the employer requests information on three or more applicants at the same time, the division may refuse to release information until it receives the written authorization from each applicant.
(e)  In this section, "general injury" means an injury other than an injury limited to one or more of the following:
(1)  an injury to a digit, limb, or member;
(2)  an inguinal hernia;  or
(3)  vision or hearing loss.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.024, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.089. Failure to File Authorization

Sec. 402.089.  FAILURE TO FILE AUTHORIZATION.  An employer who receives information by telephone from the division under Section 402.088 and who fails to file the necessary authorization in accordance with Section 402.087 commits an administrative violation.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.025, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.090. Statistical Information

Sec. 402.090.  STATISTICAL INFORMATION.  The division, the Texas Department of Insurance, or any other governmental agency may prepare and release statistical information if the identity of an employee is not explicitly or implicitly disclosed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.026, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.091. Failure to Maintain Confidentiality; Offense; Penalty

Sec. 402.091.  FAILURE TO MAINTAIN CONFIDENTIALITY;  OFFENSE;  PENALTY.  (a)  A person commits an offense if the person knowingly, intentionally, or recklessly publishes, discloses, or distributes information that is confidential under this subchapter to a person not authorized to receive the information directly from the division.
(b)  A person commits an offense if the person knowingly, intentionally, or recklessly receives information that is confidential under this subchapter and that the person is not authorized to receive.
(c)  An offense under this section is a Class A misdemeanor.
(d)  An offense under this section may be prosecuted in a court in the county where the information was unlawfully received, published, disclosed, or distributed.
(e)  A district court in Travis County has jurisdiction to enjoin the use, publication, disclosure, or distribution of confidential information under this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.18, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.027, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter E. Records and Employee Information › Section 402.092. Investigation Files Confidential; Disclosure of Certain Information

Sec. 402.092.  INVESTIGATION FILES CONFIDENTIAL; DISCLOSURE OF CERTAIN INFORMATION.  (a)  In this section, "investigation file" means any information compiled or maintained by the division with respect to a division investigation authorized under this subtitle or other workers' compensation law.  The term does not include information or material acquired by the division that is relevant to an investigation by the insurance fraud unit and subject to Section 701.151, Insurance Code.
(b)  Information maintained in the investigation files of the division is confidential and may not be disclosed except:
(1)  in a criminal proceeding;
(2)  in a hearing conducted by the division;
(3)  on a judicial determination of good cause;
(4)  to a governmental agency, political subdivision, or regulatory body if the disclosure is necessary or proper for the enforcement of the laws of this or another state or of the United States; or
(5)  to an insurance carrier if the investigation file relates directly to a felony regarding workers' compensation or to a claim in which restitution is required to be paid to the insurance carrier.
(c)  Division investigation files are not open records for purposes of Chapter 552, Government Code.
(d)  Information in an investigation file that is information in or derived from a claim file, or an employer injury report or occupational disease report, is governed by the confidentiality provisions relating to that information.
(e)  The division, upon request, shall disclose the identity of a complainant under this section if the division finds:
(1)  the complaint was groundless or made in bad faith;
(2)  the complaint lacks any basis in fact or evidence;
(3)  the complaint is frivolous; or
(4)  the complaint is done specifically for competitive or economic advantage.
(f)  Upon completion of an investigation in which the division determines a complaint is described by Subsection (e), the division shall notify the person who was the subject of the complaint of its finding and the identity of the complainant.
Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.19, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.028, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 402 - Operation and Administration of Workers' Compensation System › Subchapter F. Cooperation With Office of Injured Employee Counsel › Section 402.251. Cooperation; Facilities

Sec. 402.251.  COOPERATION; FACILITIES.  (a)  The department and the division shall cooperate with the office of injured employee counsel in providing services to claimants under this subtitle.
(b)  The department shall provide facilities to the office of injured employee counsel in each regional office operated to administer the duties of the division under this subtitle.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.029, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.001. Funds

Sec. 403.001.  FUNDS.  (a)  Except as provided by Sections 403.006, 403.007, and 403.008, or as otherwise provided by law, money collected under this subtitle, including advance deposits for purchase of services, shall be deposited in the general revenue fund of the state treasury to the credit of the Texas Department of Insurance operating account.
(b)  The money may be spent as authorized by legislative appropriation on warrants issued by the comptroller under requisitions made by the commissioner of insurance.
(c)  Money deposited in the general revenue fund under this section may be used to satisfy the requirements of Section 201.052, Insurance Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.44(a), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.010, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.002. Maintenance Taxes

Sec. 403.002.  MAINTENANCE TAXES.  (a)  Each insurance carrier, other than a governmental entity, shall pay an annual maintenance tax to pay the costs of administering this subtitle and to support the prosecution of workers' compensation insurance fraud in this state.
(b)  The assessment may not exceed an amount equal to two percent of the correctly reported gross workers' compensation insurance premiums, including the modified annual premium of a policyholder that purchases an optional deductible plan under Article 5.55C, Insurance Code.  The rate of assessment shall be applied to the modified annual premium before application of a deductible premium credit.
(c)  A workers' compensation insurance company is taxed at the rate established under Section 403.003.  The tax shall be collected in the manner provided for collection of other taxes on gross premiums from a workers' compensation insurance company as provided in Chapter 255, Insurance Code.
(d)  Each certified self-insurer shall pay a fee and maintenance taxes as provided by Subchapter F, Chapter 407.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1443, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1274, Sec. 21, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.134, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.003. Rate of Assessment

Sec. 403.003.  RATE OF ASSESSMENT.  (a)  The commissioner of insurance shall set and certify to the comptroller the rate of maintenance tax assessment taking into account:
(1)  any expenditure projected as necessary for the division and the office of injured employee counsel to:
(A)  administer this subtitle during the fiscal year for which the rate of assessment is set; and
(B)  reimburse the general revenue fund as provided by Section 201.052, Insurance Code;
(2)  projected employee benefits paid from general revenues;
(3)  a surplus or deficit produced by the tax in the preceding year;
(4)  revenue recovered from other sources, including reappropriated receipts, grants, payments, fees, gifts, and penalties recovered under this subtitle; and
(5)  expenditures projected as necessary to support the prosecution of workers' compensation insurance fraud.
(b)  In setting the rate of assessment, the commissioner of insurance may not consider revenue or expenditures related to:
(1)  the State Office of Risk Management;
(2)  the workers' compensation research functions of the department under Chapter 405; or
(3)  any other revenue or expenditure excluded from consideration by law.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.45(a), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1098, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1443, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.011, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.004. Collection of Tax After Withdrawal From Business

Sec. 403.004.  COLLECTION OF TAX AFTER WITHDRAWAL FROM BUSINESS.  The commissioner or the commissioner of insurance immediately shall proceed to collect taxes due under this chapter from an insurance carrier that withdraws from business in this state, using legal process as necessary.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.012, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.005. Tax Rate

Sec. 403.005.  TAX RATE.  The commissioner of insurance shall annually adjust the rate of assessment of the maintenance tax imposed under Section 403.003 so that the tax imposed that year, together with any unexpended funds produced by the tax, produces the amount the commissioner of insurance determines is necessary to pay the expenses of administering this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.013, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.006. Subsequent Injury Fund

Sec. 403.006.  SUBSEQUENT INJURY FUND.  (a)  The subsequent injury fund is a dedicated account in the general revenue fund.  Money in the account may be appropriated only for the purposes of this section or as provided by other law.  Section 403.095, Government Code, does not apply to the subsequent injury fund.
(b)  The subsequent injury fund is liable for:
(1)  the payment of compensation as provided by Section 408.162;
(2)  reimbursement of insurance carrier claims of overpayment of benefits made under an interlocutory order or decision of the commissioner as provided by this subtitle, consistent with the priorities established by rule by the commissioner;
(3)  reimbursement of insurance carrier claims as provided by Sections 408.042 and 413.0141, consistent with the priorities established by rule by the commissioner; and
(4)  the reimbursement of an insurance carrier as provided by Section 408.0041(f-1).
(c)  The commissioner shall appoint an administrator for the subsequent injury fund.
(d)  Based on an actuarial assessment of the funding available under Section 403.007(e), the commissioner may make partial payment of insurance carrier claims under Subsection (b)(3).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 10.01, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 211, Sec. 2.01, eff. June 16, 2003;  Acts 2003, 78th Leg., ch. 1296, Sec. 5(a), eff. June 20, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.014, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1150 (S.B. 1169), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.007. Funding of Subsequent Injury Fund

Sec. 403.007.  FUNDING OF SUBSEQUENT INJURY FUND.  (a)  If a compensable death occurs and no legal beneficiary survives or a claim for death benefits is not timely made, the insurance carrier shall pay to the division for deposit to the credit of the subsequent injury fund an amount equal to 364 weeks of the death benefits otherwise payable.
(b)  The insurance carrier may elect or the commissioner may order that death benefits payable to the fund be commuted on written approval of the commissioner.  The commutation may be discounted for present payment at the rate established in Section 401.023, compounded annually.
(c)  If a claim for death benefits is not filed with the division by a legal beneficiary on or before the first anniversary of the date of the death of the employee, it is presumed, for purposes of this section only, that no legal beneficiary survived the deceased employee.  The presumption does not apply against a minor beneficiary or an incompetent beneficiary for whom a guardian has not been appointed.
(d)  If the insurance carrier makes payment to the subsequent injury fund and it is later determined by a final award of the commissioner or the final judgment of a court of competent jurisdiction that a legal beneficiary is entitled to the death benefits, the commissioner shall order the fund to reimburse the insurance carrier for the amount overpaid to the fund.
(e)  If the commissioner determines that the funding under Subsection (a) is not adequate to meet the expected obligations of the subsequent injury fund established under Section 403.006, the fund shall be supplemented by the collection of a maintenance tax paid by insurance carriers, other than a governmental entity, as provided by Sections 403.002 and 403.003.  The rate of assessment must be adequate to provide 120 percent of the projected unfunded liabilities of the fund for the next biennium as certified by an independent actuary or financial advisor.
(f)  The commissioner's actuary or financial advisor shall report biannually to the department on the financial condition and projected assets and liabilities of the subsequent injury fund.  The commissioner shall make the reports available to members of the legislature and the public.  The division may purchase annuities to provide for payments due to claimants under this subtitle if the commissioner determines that the purchase of annuities is financially prudent for the administration of the fund.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 10.02, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.015, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 403 - Division Financing › Section 403.008. Deposit of Administrative Penalties

Sec. 403.008.  DEPOSIT OF ADMINISTRATIVE PENALTIES.  Administrative penalties collected under this subtitle shall be deposited in the general revenue fund.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.001. Definitions

Sec. 404.001.  DEFINITIONS.  In this chapter:
(1)  "Office" means the office of injured employee counsel.
(2)  "Public counsel" means the injured employee public counsel.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.002. Establishment of Office; Administrative Attachment to Texas Department of Workers' Compensation

Sec. 404.002.  ESTABLISHMENT OF OFFICE; ADMINISTRATIVE ATTACHMENT TO TEXAS DEPARTMENT OF WORKERS' COMPENSATION.  (a)  The office of injured employee counsel is established to represent the interests of workers' compensation claimants in this state.
(b)  The office is administratively attached to the department but is independent of direction by the commissioner, the commissioner of insurance, and the department.
(c)  The department shall provide the staff and facilities necessary to enable the office to perform the duties of the office under this subtitle, including:
(1)  administrative assistance and services to the office, including budget planning and purchasing;
(2)  personnel services; and
(3)  computer equipment and support.
(d)  The public counsel may enter into interagency contracts and other agreements with the commissioner of workers' compensation and the commissioner of insurance as necessary to implement this chapter.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.003. Sunset Provision

Sec. 404.003.  SUNSET PROVISION.  The office of injured employee counsel is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2029.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.10, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 4.03, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 2.06, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 2.03, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.15, eff. June 18, 2023.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.004. Public Interest Information

Sec. 404.004.  PUBLIC INTEREST INFORMATION.  (a)  The office shall prepare information of public interest describing the functions of the office.
(b)  The office shall make the information available to the public and appropriate state agencies.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.005. Access to Programs and Facilities

Sec. 404.005.  ACCESS TO PROGRAMS AND FACILITIES.  (a)  The office shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the office's programs.
(b)  The office shall comply with federal and state laws for program and facility accessibility.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.006. Rulemaking

Sec. 404.006.  RULEMAKING.  (a)  The public counsel shall adopt rules as necessary to implement this chapter.
(b)  Rulemaking under this section is subject to Chapter 2001, Government Code.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.007. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 404.007.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The office shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of office rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the office's jurisdiction.
(b)  The office's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The office shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
(d)  The office's alternative dispute resolution policy does not affect the manner in which the office participates in the division's administrative dispute resolution process or the department's alternative dispute resolution process through the office's administrative attachment to the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 404 - Office of Injured Employee Counsel › Subchapter A. Office; General Provisions › Section 404.008. Complaints

Sec. 404.008.  COMPLAINTS.  (a)  The office shall maintain a system to promptly and efficiently act on complaints filed with the office. The office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The office shall make information available describing its procedures for complaint investigation and resolution.
(c)  The office shall periodically notify the complaint parties of the status of the complaint until final disposition.
Added by Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 2, eff. September 1, 2011.
2023 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 404.051. Appointment; Term

Sec. 404.051.  APPOINTMENT; TERM.  (a)  The governor, with the advice and consent of the senate, shall appoint the injured employee public counsel.  The public counsel serves a two-year term that expires on February 1 of each odd-numbered year.
(b)  The governor shall appoint the public counsel without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.  Section 401.011(16) does not apply to the use of the term "disability" in this subchapter.
(c)  If a vacancy occurs during a term, the governor shall fill the vacancy for the unexpired term.
(d)  In appointing the public counsel, the governor may consider recommendations made by groups that represent wage earners.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 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 404.052. Qualifications

Sec. 404.052.  QUALIFICATIONS.  To be eligible to serve as public counsel, a person must:
(1)  be a resident of Texas;
(2)  be licensed to practice law in this state;
(3)  have demonstrated a strong commitment to and involvement in efforts to safeguard the rights of the working public;
(4)  have management experience;
(5)  possess knowledge and experience with the workers' compensation system; and
(6)  have experience with legislative procedures and administrative law.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 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 404.053. Business Interest; Service as Public Counsel

Sec. 404.053.  BUSINESS INTEREST; SERVICE AS PUBLIC COUNSEL.  A person is not eligible for appointment as public counsel if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization that holds a license, certificate of authority, or other authorization from the department or division or that receives funds from the department or division;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the department, division, or the office; or
(3)  uses or receives a substantial amount of tangible goods or funds from the department, division, or the office, other than compensation or reimbursement authorized by law.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 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 404.054. Lobbying Activities

Sec. 404.054.  LOBBYING ACTIVITIES.  A person may not serve as public counsel 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, the division, or the office.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.